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BCC Minutes 10/22/1991 R Naples, Florida, October 22, 1991 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 R~GULAR SESSIO~ in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Patricia Anne Goodnight VICE-CHAIRM~N~ Mic:hael 3. Volpe Richard S. Shanahan Max A. Hasse, Jr. Burr L. Saunders ALSO PRESENT: John Yonkosky, Finance Director: Annette Guevin, Ellie Hoffman, Debby Farris and Wanda Arrighi, Deputy Clerks; Nei] Dorrlll, County Manager: Jennifer Pike, Assistant to the County Manager: Ken Cuyler, County Attorney; David Weigel, Assistant County Attorney: George Archibald, Transportation Services Administrator: Frank Brutt, Community Development Services Administrator: William Lorenz, Environmental Services Administrator; Jay Reardon, Emergency Services Administrator: Fred Bloetscher, Assistant Utilities Administrator: John Boldt, Water Management Director~ Russell Shreeve, Housing and Urban Improvement Director: Tom Conrecode, Director of Office of Capital projects Management: Steve Camell, Purchasing Director: Bob Fahey, Solid Waste Director: Tom Kuck, Transportation Capital Projects Manager: Reginald Boucher, Solid Waste Senior Engineer; Sam Saadeh, Michelle Edwards, Bob Mulhere, Ron Nino, Bryan Milk, Ray Bellows, Phil Schell and Chahran Badamtchian, Planners: Ed Finn, Budget Analyst; Sue Filson, Administrative Assistant to the Board: and Deputy Byron Tom]inson, Sheriff's Office. -. Page October 22, 1991 Tape AG~I'DA - API~ WZTR CEAI~GES Commissioner Hesse moved, seconded by Couleetoner Saunders and carried unanimously, that the agenda be approved with the following c~es: Item #16A1 - Approve a Budget Amendment appropriating General Fund reserves for payment of consultant charges associated with the Affordable Housing Linkage Fee Study - Moved to #8A3. (Requested by Board of County Commissioners.) Item #16H7 - Recommendation to award a contract for Bid No. 91-1788, turf purchase and/or delivery to the low bidder, Leo Sod - Moved to #8H3. (Requested by Board of County Commissioners.) Item #12C4 - Petition OSP-91-1, John W. Emerson representing G.F.G., Inc., d/b/a Spanky's Speakeasy, requesting approval of Off-Site Parking - Continued to 11/12/91. (Requested by Staff.) Item #12C5 - Petition SPA-91-1, John W. Emerson representing G.F.G., Inc., d/b/a Spanky's Speakeasy, requesting approval of Shared Parking - Continued to tl/12/91. (Requested by Staff.) Item #12C6 - Petition AV 90-O09, Edward Wotitzky as agent for owner, C. R. & D. Developers of Naples, Inc. , request ]ng vacation of a portion of the plat of Shad~Jwwood Park - Withdrawn. (Requested by Staff.) Item #12B6 - An Ordinance amending Ordinance 82-2, the Comprehensive Zoning Regulations for the Unincorporated Area of Collier County, Florida, concerning property located approximately 350 feet west of Vanderbilt Drive and on the north side of the Cocohatchee River - Continued to ]1/26/91 at 1:OO P.M. (Requested by Petitioner.) 7 0 Items #12C7, #12C8, and #12B5 were continued to 11/12/91 in action taken later in the meeting. Xtem ~3B CONSENT A~KNDA - APPROVED AND/OR ADOPTED The motion for approval of the Consent Agenda is noted under Item #15. Xt~ eSA BMPX, OYE~ SERVICE A~A]~S - PRESENTED Commissioner Volpe congratulated the following Collier County employees and presented their service awards: Dennis Mazzone, Compliance Services - 10 years Erin Percival, EMS - 10 years Barbara Wescott, Information Systems - 5 years Dale Waller, Utilities/Wastewater Operations - 5 years 000 li Page 2 October 22, 1991 ~TIOI I~COGIIZIXG BRIAX L. SHIM~R FOR HIS OUTSTANDING AND ~CZMFZ, AX"f EFFGRTS AS A R~SID~I~T AND R~PR~S~NTATIV~ OF COLLIER COUNTY ON ~ 1992 UNITED STATES OLYMPIC BOBSLED TEAM - ADOPTED Upon reading and presenting the proclamation to Brian Shimer, Commissioner Saunders moved, seconded by Co~mteeloner Volpe and carried un~nl~o~x~ly, to adopt the Proclmtion reco~tzing Bri~ L. Shirr for h~l ~tst~ding ~d exempla~ efforts as a resident ~d repre~ntmtAve of Collier Co~ty on ~he 1992 United States Ol~pic Page 3 October 22, 1991 ~t~ ~6A1, #6A2 .u~d #6A3 B~DGET AM~BTi¥[E]ITS 92-1/92-3 ARD 91-436/91-438 - ADOPTED Commissioner Saunders moved, seconded by Comalssloner Hasse and carried unanimously, to adopt Budget A~endments 92-1/92-3 and 91-436/91-438. BUDGET AME~DH~]IT RESOLUTIONS 91-35 AND 92-1 - ADOPTED Co~taatoner S&undera moved, seconded by Commissioner Hasse and carried ~lmou~l¥, to adopt Budget Amendment Resolutions 91-35 and 92-1. Page 4 October 22, 1991 It~ #12C1 R.ESO~ION 91-739 R.E PETIT/ON S1~P-91-6, illMIGHT N&DE&U OF WILLIAM C. ~ANLY · ~KIIAT~S, P.l., REPRESENTING PATRICIA WILLIAMS, TRUSTEE, REQUP.~TI~G APPROVAL OF A SUBDIVISION MASTER PLAN, FOR THE PROPERTY I~)CATED ON TH~ EAST SIDE OF ~FR~SS WAY EAST, APPROXIMATELY 1/2 MILE NORTR OF THE INTERSECTION OF NAPLES-IMMOKALEE ROAD AND AIRPORT-PULLING ROAD IN SECTIONS 23 AND 24, TOWNSHIP 48 SOUTH, RANGE 25 EAST - ADOPTED SUBJECT TO P~TITIONER'S AGREEMENT SHEET AND ADDITIONAL STIPULATIO~ Legal notice having been published in the N~ple~ Daily News on September 22, 1991, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition $MP-91-6, filed by Dwight Nadeau of William C. McAn]y& Associates, P.A. , representing Patricia Williams, Trustee, requesting approval of a Subdivision Master Plan, for the property located on the east side of Cypress Way East, approximately 1/2 mile north of the intersection of Naples-Immokalee Road and Airport-Pulling Road. Planner Sam Saadeh noted Petition SMP-91-6 was previously heard by the Board of County Commissioners on October 8th, and Staff was asked to return due to water management concerns. John Boldt, Water Management Director, stated a concern arose due to a County request of the petitioner to dedicate a drainage easement by incorporating Into his plans provisions for a proposed relief drain for the Palm River system. He noted the master plan that was adopted by the Board in August included a proposed relief drain along the east side of the Palm River subdivision that, in hi~ opinion, will be necessary in the long term to handle all the flows anticipated coming dow"n from the northeast of this area. He advised Staff is asking for a SO-foot easement and, historically, that type of request Is included as a stipulation for approval of a project and the County has not had to pay for the easement. Commissioner Volpe recalled previous discussion with the developer indicating his willingness to reserve the area without being required to actually dedicate the drainage easement to the County. He men- tioned a legal issue was raised as to whether this drainage easement services the subdivision or is incident to this subdivision. Mr. Boldt stated the easement is more of a regional relief drain. Page 5 October 22, 1991 Dwight Nadeau of William C. McAnly & Associates, representing the applicant, advised these issues have been discussed with County Staff. He said during the planning of this subdivision, Staff requested the petitioner do a tie in with Willoughby Pines, which caused a one-lot loss in the development of the project. Should the 50-foot drainage easement additionally be imposed, he said, it will cause two lots to be lost from the total yield of the property, which does not seem equitable. In response to County Attorney Cuyler, Mr. Nadeau stated they have looked at redesigning the project in order not to lose the two lots, however, because of the tie in to Willoughby Pines in addition to the requirements of the County's Environmental Staff, there is no area to compensate for the losses. He added the property is at the minimum for RSF-3 zoning. In answer to County Attorney Cuyler, Mr. Nadeau replied they have offered to reserve a 30 foot easement rather than the 50 feet requested by Staff. He said the 50 foot easement would create non conforming lots. Mr. Boldt remarked in order to preserve the concept of the relief drain, a 50-foot easement is necessary. Vince Murphy, Attorney for the developer, commented in response to Commissioner Volpe that the 30 foot ditch in existence is not an ease- ment. He said the development betng proposed is not in any way ser- viced by that ditch. He said the requirement of an additional 20 feet along with the current ditch absolutely destroys the ability to deve- lop two lots on Cypress Way. Commissioner Saunders noted the testimony from Mr. Boldt indicates the drainage easement would serve the area to the north and would not be designed to benefit this particular project. He questlone(l, as a matter of law, if the Board can require the dedication of this ease- ment as a condition of approval of the project7 County Attorney Cuyler responded the County can take the property, but will have to pay for it. He added the developer cannot be Page October 22, 1991 required to provide the easement as a condition of the project's approval. Commissioner Saunders suggested that the Board indicate that Staff will evaluate the need for the additional 20 feet for drainage, putting the developer on notice that the County may need the land. He said if it is needed, it would be acquired through normal negotiation and the County would pay compensation for it. Cmieelonar Saunders ~oved, seconded by Commissioner Shana/nan and carried unanimc;usl¥, to close the public hearing. Co~tasioner Saunders moved, seconded by Commissioner Shanahan to approve SMP-91-6 ~ubJect to the Petitioner's Agreement Sheet and with the ~ltional stipulation that in the event it is determined by Staff that the County needs an additional 20 feet for drainage purposes, Staff will notify the owner and begin negotiations for transfer of the land with compensation which can take the form of tn-ktnd contribu- tion; mn~ thmt if there Is an alternative to acquiring the 20 feet of lmn~, that will be worked out between the property owner and Staff. In answer to Planner Saadeh, Commissioner Saunders clarified this issue must be brought back to the Board for authorization if the addi- tional property is required by the County. Upon call for the question, the motion carried unanimously, thereby mdopttr~ Resolution ,91-739. Page 7 October 22, 1991 Zt~m ~12C9 R~OLUTION 91-740 ESTABLISHING THE R~DISTRICTING OF COLLIER COUNTY BOARD OP COq~ITY CO~ISSIONERS DISTRICT BOUNDARIES - ADOPTED Legal notice having been published in the Nap]es Daily News on October 6, ]991, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider adoption of a resolu- tion redistricting County Commission District Boundaries and establishing new County Commission District Boundaries pursuant to Chapter 124, Florida Statutes and the Florida Constitution. Michelle Edwards, Planning Services, reported that ]n 1967, Statute 2 of the United States Supreme Court formally established the rule requiring single-member districts for the election of Congressmen, which was the implementation of an earlier ruling requiring the principle of one man, one vote. She added the Voting Rights Act of 1965 was originally designated to protect and facilitate the voting rights of racially minority groups and subsequent amend- ments to that Act has expanded it to include members of the language minority groups as well as other matters regarding voting qualifica- tions and procedures. She advised Section 2 of the Voting Rights Act of 1965 prohibits the use of discriminatory redistricting plans or electoral districts that dilute the minority voting strength. Additionally, she said, Article 8 of the Constitution of the State of Florida requires that after each decennial census, the Board of County Commissioners shall divide the County into districts of contiguous territories as nearly equal in population as practicable, with one commissioner residing in each district elected as provided by law. She noted Florida law further requires the Board of County Commissioners to, from time to time, fix the boundaries of the com- mission districts so as to keep them as near]y equal in proportion population as possible, provided that changes made in the boundaries of the County Commission districts are made only in odd-numbered years. She reported with the new census, information received by the County's Elections Office was utilized to complete the redistricting Page 8 October 22, 1991 process. She remarked the following criteria for redrawing the new commission district boundaries was approved by the Board of County Commissioners In August: 1) the population of each district should be as similar as possible; 2) the districts should be as compact and regularly shaped as feasible; and 3) the incumbent Commissioner's residence must be in his or her current district. She mentioned cri- teria used by the Justice Department in reviewing the validity of redistricting efforts look at whether or not the efforts diluted the minority voting strength; whether or not isolated areas are being created; ensuring identifiable neighborhoods or communities are not split by district boundaries whenever possible; and whether all effort was made to receive public Input In the redistricting process. She noted Staff has held several meetings in the community in conjunction with the School Board. She explained final criteria is the range of population between each district which should not exceed 5% and the average deviation of the five districts should not exceed 1%. She remarked Staff's proposal is 2.5% of the range and .5% of the average deviation. Planner Edwards continued, stating the current district popula- tions are very unbalanced with a low of 22,108 in District 4 increasing to 37,279 in District 2. She said Staff's proposal balan- ces the population within the districts. She 5rated District 1 has been revised to include the area north of Rattlesnake Hammock Road to Davis Boulevard, while the area south of U.S. 4] and east of C.R. 951 has been added to District 5. She noted District 4 has been expanded to include the neighborhoods in the area of Bayshore and Thomasson Drives, the Park Shore area recently annexed by the City of Naples and the area south of Pine Ridge Road and east of U.S. 41. She advised that District 2 has been reduced somewhat because that is the area where most of the growth has occurred since the last redistricting process. She stated its present boundaries expand along Immokalee Road to C.R. 951 and to the south of Pine Ridge Road. She said the area east of Airport-Pulling Road has now been included into October 22, 1991 District 3. She mentioned the only change that has occurred to District 5 was the addition of the area south of U.S. 41 and east of C.R. 951 along with a small portion encompassing Willoughby Acres and Turnbury subdivisions. Planner Edwards indicated Staff's proposal minimizes the amount of cha3%ges and people being shifted from one district to another. She said the proposal meets all the criteria, is well within the average deviation and strengthens the minority representation in District 5. She mentioned the community meetings held with regard to this issue brought forward three proposals from the School Board which followed similar criteria. She said of those, Option 3 is the plan most simi- lar to Staff's presentation. She mentioned comments made at the public meetings indicated a consensus that the boundaries of the School Board and Board of County Commission~r~ ~hould be as similarly aligned as possible. She added the majority of citizen comments favored $taff's proposal as opposed to those of the School Board, with the exception of the meeting held at Lely High School. She stated the East Naples Civic Association presented their own plan which was favored by the audience. She recalled comments from representatives of the Turnbury subdivision in opposition to their inclusion in District 5, indicating their preference to remain in District 2. She said Staff investigated that issue, however, it would require adjusting the population by 1,500 which would necessitate changinG the boundaries of other districts accordingly. Plannew Edwards communicated the NAACP was present at a number of meetings and suggested including Naples Manor in District 5 and limiting the amount of coastal urban area withit, District 5. She said their feeling was that District 5 is mostly rural and minimizinG the urban area would be more consistent. She said the East Naples Civic Association presented a proposal that did not meet the Board's iden- tified criteria, however, the revised option to be presented this date does meet the established requirements. She noted their proposal addresses the concern expressed by citizens by a]lowtng Turnbury and Page lO October 22, 1991 Willoughby Acres subdivisions to remain in District 2 and the inclu- sion of Naples Manor in District 5. She stated Staff is concerned with some aspects of their proposal because it creates districts in which a commissioner may no longer be representing those who elected him or her, as well as creating districts in which a large number of the population is being shifted. She added their option looks as though the Naples Manor area is intentionally being cut out in order to be included in District 5. Planner Edwards concluded by explaining that Section 5 of the Voting Rights Act requires certain states and political subdivisions to submit all their changes relating to elections and redistricting plans to the U.S. Attorney General for pre-c]earance. She advised Collier County is one of five counties selected for this process and will be required to submit its pre-clearance to the 3ustice Department no later than October 31st, therefore, a decision must be made this date. In response to Commissioner Shanahan, Ms. Edwards affirmed that the 1985 redistricting process was approved by the .justice Department, She said not only does Staff's proposal meet that criteria, it also accomplishes a better balance of racial populations in the districts, In particular District 5, The people listed below spoke in opposition to Staff's plan and in favor of the East Naples Civic Association proposal for the following reasons: Staff's proposal splits East Naples into three districts while the East Naples Civic Association proposes the majority of East Naples as one unified district; Staff's proposal will totally dilute the voting power of the East Naples community; the East Naples propo- sal combines the coastal region of Marco Island and the City of Naples into one district of similar interests; the East Naples plan defines Collier County communities as they actually exist, North Naples, Golden Gate, East Naples, the coastal region and the rural area; the East Naples proposal meets all the criteria set by State Statute and the U.S. 3ustice Department; the East Naples plan has the endorsement of the East Naples Civic Association and the NAACP: October 22, ]ggl Earl Marlin, Board of Directors, East Naples Civic Association Dennis Nelson, Board of Directors, East Naples Civic Association John Norris, East Naples Civic Association Daw~ Litchfield, East Naples Civic Association Pamela Cox Gerald McKenzie, NAACP eee De~ma%'~ Clerk Hoff~x~ r~lmce4 ~ty Clerk G~evin at this time ,e, The following speakers endorsed the East Naples Civic Association's proposed redistrictinG boundaries: Mr. Gerald McKenzie Mr. Erwin Gutzwtl]er Mr. Victor Valdes Mr. Larry Word Mr. Herbert Cambridge Mr. Chuck Moh]ke, Chairman, Democratic Executive Committee, complimented the Commission for its approach to the public hearing process and the matter by which the subject issue is being addressed. He indicated that it As now possible to have mirror images of the respective districts with that of the School Board, noting that he comIends same. He advised that in his view t[,i~ is contrary 1o Attorney General's Memorandum of Law with respect to redistricting. Me Indicated that the material capable of submission in the pre-clearance process will not Include all the features of the Code of Federal Regulations. He noted that the submission must include the following: copy of the enactment embodying the change; identification of the body makinG the decision and the mode of the decision; iden- tification of the lawful authority under which the change was made; description of the procedures required to be followed in deciding to make the change; reasons for the change; statement of the anticipated effective change on language minority groups; statements as to any pre-clearance history directed to the change and for redistricting; demographic information; total in voting ag~ profile; population before and after the change; race and language Groups; and maps of the prior and the new boundaries. He indicated that it is crucial that complete and detailed information be submitted to reduce the oppor- tunity for direct intervention based on the lack of a factual base for Page October 22, 1991 some of the decisions made. He stated that he endorses the notion of alternate year review, in the odd numbered years, of the matters before the Co~mission today and that consideration be Given to impa- neling a non-partisan group of well known citizens who will exercise their best Judgement in meetings held in the sunshine, reviewing popu- lation estimates and reporting their conc]u~iong to the Board. Mrs. Charlotte Westman, representing the [,eague of Women Voters of Collier County, concurred with the suggestion relative to a special committee to review the subject of district lines every other odd year. She called attention to a letter to the Commission from the League, dated October 16, 1991, recommending that the new lggl Board of County Commissioners and School Board District lines be the same, with one small deviation: Wyndemere, one square mile and 700 people remain in Commission District 2 and that the School Board District 3 line deviate to include Wyndemere. She noted that a]] other new district lines would be the same. She announced that the League sup- ports the position of Supervisor of Elections Morgan concerning district lines that mesh which would provide simplification, eliminate confusion, allow more efficient vote tabulation and streamlJnirlg registration cards and ballots. Mr. George Keller endorsed the recommendations of Staff with regard to the proposed redistricting boundaries. He reminded the Commlssfon that Federal laws do not specifically make it necessary to ensure that anyone has power due to race, color, or national origin. He cited opposition to the East Naples Civic Association's proposal, noting that many of these residents do not desire to be segregated out of the district that they are in. He indicated that many of the people in this district are illegal aliens. Mr. Dan Head, resident of Marco Island, stated that the people of Marco Island believe that they are a part of Collier County and well represented by five County Commissioners. He advised that the Commission is doing the best for the County and the majority of the 33' Page 13 October 22, ]99] cos--unity wtll support the Board's decision with respect to redistricting. There were no other speakers. Oo~/~ioner H~eae ~v~d, ~.conded by Cow~iealoner Shanaban and c~--"rl~!~l~o~sly, to clos~ th~ public hearing. Commissioner Hasse explained that he feels that staff's proposal provides eguallzatton of the population and due consideration of the ethnic groups. He stated that he respects the East Naples Civic Association and has a real feelinG for what they are representinG. He Indicated that staff has devoted a Great deal of time relating to this issue and concurs with their recommendation. Oc~tmelon~r Hawse ~ed, to accept the recommendation of staff m~t that R~molutlon 91-740 b~ adopted. Commissioner Volpe entered into the record a letter he received from the Second District Association, which is an association con- stating of most of the property owners associations/homeowners asso- ciations in District Two. He read from the letter as follows: "It was moved and seconded that: It is the sense of the Association that the conunity of Interest found within the 2nd District will be best sustained by keeping the 2nd District geographical area Intact by establishInG 1-75 as the eastern most boundary. Further any popula- tion adjustment should take away existinG 2nd District property east of 1-75 and only Go far enough south to meet the population criteria. Further, the Association recommends that the School Board Districts should be aligned with the commission districts with the school board members elected as the commissioners are, i.e., on a one-per-district basis." Commissioner Volpe remarked that comments were made at the public hearings at Pine Ridge Middle School and the BiG Corkscrew Fire Station with regard to the inclusion of Willoughby Acres and the Turnbury Subdivision within District 5. He suggested that those two subdivisions be consistent with the recommendations of the District Two Association, and that they remain within District 2. Page 14 October 22, 1991 Commissioner Goodnight stated that Districts 4 and 5 are lacking In numbers in terms of population. She related if District 5 is moved back to 1-75, her district will be lacking in pc, pulation numbers. With respect to Commissioner Volpe's remarks regarding Willoughby Acres and Turnbury remaining In District 2, Ms. Edwards indicated that this would affect the district boundaries of three areas since 1,5OO people would be removed from District 5, reducing the population to 28,000 and adding same to Dlstrlct 2 which already has a substantial amount of population. Commissioner Volpe explained that the issue of population is important but views this as more than just numbers. He noted that he sees his responsibilities as being representative of not only those who have elected him, but the community at large as well. He disclosed that there should be compact districts and some community of interests. He remarked that there are issues relating to rural Collier County that do not impact upon the City of Naples. He observed that these are last year's numbers and if there is an empha- sis on development at Orangetree next year, they will be locked into his district. Com~isstoner Shanahah advised that there has been a great deal of time, effort and expense in going through the selection process. He remarked that the logic of the East Naples proposal Is a sound one, and one that he could live with, however, staff's recommendation Is the best balanced approach that will provide the type of leadership and representation that the entire community demands. Com~tmmtoner Shanahah meconded the motion. Commissioner Saunders reported that the overriding principle to be kept in mind is the type of district lines that will ensure the com- ~xunity that they are getting the best representation that they can from the commissioner from their partlcu]ar d~stri¢;~. He noted that people identify very strongly with the commissioner ~rom their district. He cited that when the lines are drawn, they will have a substantial impact for a number of years, He remarked that there is [}00 35 Page 15 October 22, 1991 so~e ~ertt to the East Naples proposal and staff's proposal has a tre- aendous a~ount of merit. He stated that he received one 9hone call relative to redistricting but believes that people are unaware that the East Naples proposal is on the table for consideration. He indi- cated that he feels that the focus needs to be on what is in the best interest of the community. In answer to Commissioner Volpe, Ms. Edwards reported that staff reviewed the overall population within each district and determined that it meets the range criteria of being ]e~s than 5~ but slightly over the average deviation criteria. Commissioner Saunders suggested that if the motion does not pass, that the East Naples proposal be further evaluated by staff and brought back to the Commission in a week. O~m~i~io~er Volpe ~ov~, to table the ~otlon to all~ staff to ~t~ ~l~e t~ ~t Naples pro~mal ~d determine ~hether it ~ts all t~ ~latt~ criteria. Asatst~t County Attorney Wetgel called attention to the time frame necessary for the Co~isston to submit Its proposal for redistricting to the Justice Department and turnaround, no~tng tha~ a one week delay would result In transmitting same that very day order to be ~lsstmr ~uders seconded the ~tion. The ~tion fatled 2/3 (C~lsst~rs S~, Huse ~d Goo~lght og~sed). ~ cell for the ~tlon to mpprove staff's recognition, the ~ti~ c~l~ 3/2 (Copiestoners Vol~ ~d Sanders op~eed), there~ ~t~ ~luti~ 91-740. 36 Page 16 October 22, 1991 ltE~Ol~IO~ C~-91-6, TO AMEI[D AND SUPPLEMENT R~SOLUTION CW~-85-5 OF THH CO~NTTNAT~It-S~gER DISTRICT, TO AUTHORIZE THE ISSUANCE AND NP~M)TIA~ SALE OP MAT~It-SEWER DISTRICT REVENUE BONUS, SERIES 1991 - Financial Advisor Marc Samet reminded the Commission that last week he advised that he wanted to go into the bond market as soon as possible to take advantage of favorable interest rates in the munici- pal market and at the same time requested authorization to proceed with the refunding of Sub-Series Capital Project Revenue Bonds 2, 3 and 4 to take advantage of lower interest rates and a savings to the County in excess of 4~. Mr. Samet reported that on October 10, 1991, the financing team did go into the market with a $55,225,000 issue and saved present value terms in the amount of $1,O50,000. Mr. Samet stated that the underwriting spread is $8.82 per $1,000, which is a very favorable spread, and the interest rates are very aggressive. Mr. Samet advised that the interest rate scale was negotiated two times and after the orders came in, several serials were negotiated that raised the savings to the County by $10,000-$12,000. In answer to Commissioner Saunders, Mr. Samet explained that recent deals in Mariatee0 Sarasota, Palm Beach and Volusla Counties resulted with underwriting counsel fees ranging from $1.25 - $1.50 per $1,ooo. Commissioner Saunders remarked that It appears that the bond coun- sel and financial advisor fees are relatively high in this particular deal. County Attorney Cuyler advised that he found the fees to be reaso- nable, and the Finance Committee reviewed same. Finance Director Yonkosky reported that the bond counsel's fee is 50~ below those on the most recent issue and the financial advisor's fee of $.48 is one of the best and most reasonable in the State. With respect to the allocation of bonds, Mr. Samet explained that Page 17 October 22, 1991 priority orders were given to County residents. He noted that one of the objectives in this entire financing was not simply the refinancing of three ssrtes hi-modal bonds, but how well the investment banking team and the financing group worked together. He revealed that each Co-Manager received approximately 20~ and the selling group members received 10~. In response to Commissioner Volpe, Mr. Yonkosky remarked that the auditor's fee was negotiated based on the amount of work they were doing for the bonds test that is provided as part of the closing docu- ments. He noted that this was changed mid-stream when the refunding took place. He Indicated that this is a fairly aggressive fee from the County's point of view, based on what was originally proposed. He reported that none of the fees have been paid since they are pending the Commisston's approval today. Commissioner Volpe questioned whether the work being done by Coopers & Lybrand in connection with the bond issue is a part of their scope of services. Mr. Yonkosky stated that Coopers & Lybrand will be asked to provide a letter to bond counsel and the underwriters which places them at risk to affirm that the figures as provided are accurate and true. He noted that the rates are consistent with the contract which was approved for the auditors. Assistant Utilities Administrator Bloetscher advised that an annual rate study is done each year and staff asked the consultant to do a two year projection. He noted that he feels that the fee for the consultant is fair, based on the services provided. Commissioner Shanaban remarked that he is impressed with the savings and believes that the financial advisor and finance committee did an outstanding Job and appreciates the $1,050,000 savings. C4~e~met~ Shanahah ~oved, seconded by Goemisaloner Hues and cmrrSed ~$~1¥, thmt Resolution C~*~-91-6 be adopted. Page 18 October 22, 1991 es ~: 1:10 P.M. - Reconvened: 2:00 P.M. at which time Deputy Clerk F~rrie replmced Deputy Clerk Hoffman ** ~ [. CAUDILL, ~CHOR ~][GINNB2RING CONSULTANTS, INC. R~PR~S~NTING CAS& ~ ~1~,, ]I~XI~IIU~flNG ~ION OF SUBDIVISION M&STER PL&N $89-15 - Glenn E. Caudtll of Anchor EnGineerinG Consultants, Inc., explained the Intent of the request for a one year extension in order for the client to continue to work with the Army Corp. and his lending Institution so that the project can move forward. Community Services Administrator Bruit reported that he and John MadaJewskt of Project Review Services, have talked regarding this petition, and recommend approval of a one year extension of the Subdivision Master Plan. In reply to Commissioner Hasse, Mr. Bruit confirmed there has been one prior extension. In response to Commissioner Goodnight, County Attorney Cuyler verified that the Board of County Commissioners can vote on this Item today, adding that he feels It was presented as a public petition due to timing and the desire of the Petitioner to proceed. In answer to Commissioner Volpe, Mr. Bruit stated that this sub- division extension must comply with the new ULDC (Unified Land Development Code) regulations. Mr. Caudlll stated that the Petitioner does not have a problem with the fact that the subdivision extension must comply with the new ULDC re~ulations. ~s~toner Volpe moved, seconded by Commissioner Shanahah and carried unanl~asly, to grmnt the Petitioner an additional one year mansion to t~plmnt a Subdivision Master Plan. It~ ~Jl~ (formerly ,16A1) ~ AM~NIIM~I[T APPROPRIATING GENERAL FUND RHSERVES FOR PAYMENT OF CONSULTACIT ~ ASSOCIATED WITH THE AFFORDABLE HOUSING LINKAGE FEE ffTUD~ - ADOPTED AND UPDATE REQUESTED RE LEGAL ISSUE Community Services Administrator Brutt reported that Icard, Merrill, Cullis, Ttmm, Furten & Ginsburg P.A. was charged with the 93 Page 19 October 22, 1991 responsibility of developing legal backing of the linkage fee activity for part of the Count¥'s affordable housing program. He confirmed that this item is a request for the consu]tant's bill to be paid by a transfer from General Fund (001) Reserves to the County Attorney cost center O01-010§10. In reply to Commissioner Volpe, County Attorney Cuyler explained that, although the work contemplated to be performed by staff remains to be done, the budget amount is the amount approved by the Board of County Commissioners for Mr. Merrill. He stated that, to-date, the County Attorney's Office ~s satisfied these types of linkage fees and fair share contributions for affordable housing are, in fact, legal. In reply to County Attorney Cuyler, Mr. Brutt and Budget Analyst Finn confirmed that last year the Board of County Commissioners approved the Budget Amendment taking $20,000 from reserves and putting it into a 113 Fund account, same not being expended until the work was performed and the invoice came in during this fiscal year, thus necessitating a Budget Amendment. In reply to Commissioner Hasse, County Attorney Cuyler verified that they expect to reimburse the two segments of the study, one being Mr. Merrill and one being the number crunching aspect of the study. Gilbert Erlichman, representing Taxpayer Action Group of Collier Oounty (TAG), stated he wants to defer his time to Frances Barsh. Fred Tarrant, speaking for TAG (Taxpayer Action Group of Collier County), related a prior conversation held with County Manager Dotrill wherein Mr. Dotrill allegedly explained the difference between the linkage fee and impact fee by stating that the linkage fee is applied to a commercial developer putting in commercial property as opposed to an impact fee which apparently can be levied against an individual buying a new home. He alleged that Mr. Dotrill agreed that, in essence, there is no essential difference between the linkage fee and an impact fee, but did not go so far as suggesting that it constituted double taxation. He indicated there is a serious question in his mind as to whether or not this is legal. Page 20 October 22, 1991 Frances C. Barsh questioned whether legally this is something which should be done, why an Item of this type and amount appeared in the Consent Agenda, and whether this matter should be delayed until an Affordable Housing Director as well as Affordable Housing Commission is on board. She referred to an article regarding satisfying the demand for affordable housing which appeared in the Naples Daily News on January 21, 1991, and proceeded to read an excerpt from same wherein it states, "that much of the demand for affordable housing could be satisfied by putting families into existing units rather than by asking lenders to invest in new projects that may or may not pay their way." Commissioner Shanahan interjected that the linkage fee was debated at length several months ago along with the affordable housing poli- cies, Ordinances, etc. Be expounded that no attempt has been made to "lush anything through". Commissioner Shanahan concurred with County Attorney Cuyler's explanation, adding that there is a need to determine what is available in the area in the way of affordable housing. County Attorney Cuyler interjected that the immediate instance is & matter of authorizing the fund to pay for what has already been authorized. He reflected that some of the points relating to timing and future steps were discussed by the Board of County Commissioners at the time of their ortglnal approval. Co~t~tox~er Volpe moved, meconded by Co~isstoner $mundsrs and carried unaniml¥, to adopt the Budget A~end~ent appropriating General Fund re~erves for payment of conraltant charges associated with th~ Affordable Housing Linkage Fee Study and for the consultant to pr~vid~ an updmte regarding the legal defensibility of the linkage ~fX"LXF, ATX~ OF I~OAD I~PICT F~[~ FRO~I DISTRICT 8 FOR CO~'fXIqUATXON Of .1~. ~[/~ 1~[~!~ OF C.R. ~51 A~D C.R. 846 - APPROVED Transportation Projects Management Director Kuck explained that the two major Issues remaining to be discussed regarding this recom- 0oo 9,5 Page 21 October 22, 1991 undation include the use of impact fees as well as the concept of early road design and analysis, and the advantages of same. He quoted from the Impact Fee Ordinance 90-14, Section 4, Paragraph B, which sets forth the criteria allowing funds to be used outside the ear- ~arktng district. Regarding the second issue, he confirmed that the annual update inventory report shows both C.R. 951 and C.R. 846 have an existing level of service of "A", adding that both projects front along existing canals which create a considerable permitting problem. He related that one of staff's considerations relating to the project is the duration required for timely obtaining permits. He explained that by finishing the design, staff will be afforded the opportunity to determine what right-of-way will be required, allowing for timely &cqulsttion of same at predevelopment costs. He pointed out that, wtth a timely acquisition of ths right-of-way, the savings could more than pay for the early design of these two projects. He commented that the design, permitting, right-of-way acquisition, and the construction of these two roadways will be part of an important link in the outer belt road around Naples, giving direct access from 1-75 to Marco Island. TIps ~4 In response to Commissioner Volpe, County Manager Dorrlll stated that staff did budget under the assumption that the Board of County Commissioners was going to raise considerably the road impact fees this year. He confirmed that construction in District 8 is expected to remain strong. Commissioner Volpe expressed concern over the assumption that ~oney is available for staff's proposal when it actually is not. Mr. Kuck related that the two options available to the County are, one, funds can be advanced from the General Fund 301 as a loan and, two, monies from Fund 313 can be advanced to the projects and paid back when available. In response to Commissioner Saunders, County Attorney Cuyler stated that there is no actual fiscal/legal problem with doing what 000P, , 96 Page 22 October 22, 1991 the Board of County Commissioners is being asked to do today, adding, however, that there may be a future revenue problem to be addressed. Commissioner Saunders reiterated that his concern is whether the Board of County Com~issioners is making a commitment to pass an Ordinance in advance of the Ordinance being presented to the public, to which County Attorney Cuyler answered in the negative. Commissioner Volpe stated that presumably there are no other road programs or projects within District 8 that have a priority over this particular project, and Mr. Kuck acknowledged that is correct. Commissioner Volpe questioned whether it makes more sense to address one part of the request now and revisit the Issue six months from now rather than allocating all the money within District 8 to these two projects. Mr. Kuck confirmed that is an alternative, but added he feels it would be better to pursue the total contract. Discussion ensued regarding whether the proposed project design incorporates the utility transmission lines from the County's new water treatment plant and, determininG it does not, the time frame required regarding utilities scope of services was addressed. Pursuant to inquiries from Commissioner Vo]pe, Transportation Services Administrator Archibald pointed out that the design for extending service to Quail Creek is presently underway. County Manager Dorrtll interjected that the prudent thing to do as part of the roadway design and alignment is to identify that swath of right-of-way and utility easements that are reserved and only to be used for utilities and, when ready to construct a facility in the two-to-three year time frame, it is better to construct them at the sa~e time. Regarding the advanced permittinG work to be done for the current situation, County Manager Dotrill stated it is better to reserve the easements running along the side of the road to avoid conflict between the utility easements and the necessary minimum road right-of-way. County Attorney Cuyler pointed out that the Board of County OOO 97 Page 23 October 22, 1991 Co.~missioners will need to make a finding in accordance with the Ordinance. Fraluces C. Barsh, a member of TAG (Taxpayers Action Group of Collier County), implied it is important to address the utilities and roadway needs simultaneously. She stated that the funds for Dlstrict 8 are for District 8, and suggested addition of the word "that" in the Justification paragraph under #1 listed in the Executive Summary. In response to Ms. Barsh, Commissioner Saunders verified it is not legal to make a contract without knowing if there is sufficient money to pay for it, adding that in the immediate instance the funds have been Identified and it is Just a matter of whether they are going to be impact fees up front or from some other funds which will be reim- bursed by Impact fees. Bettie Gulacsik referred to page 1 of the Executive Summary, Justification to pursue the two projects, part 2. She suggested that, inasmuch as most of the area in question ~s undeveloped, purchase of same will be cheaper at the present time than after development occurs. Referring to part 3 of the Executive Summary dealing with Justification as well as the accompanying map, she said that comple- tion of roads in that area will help District 8. Fred Tarrant, speaking for Taxpayer Action Group of Collier County (TAG), seconded the remarks of Frances Barsh. He stated it is his hope that the Board of County Commissioners does not approve this item. Comtssioner Volpe suggested having the Board of County Commissioners consider approving CIE No. 37 today and moving forward while directing staff to return in approximately three months regarding a status report on the projections on revenues. Co~issioner Saunders pointed out that siaff has indicated it will certainly be an acceptable way to proceed. He questioned, however, what, if any, affect that will have on the cost. Pursuant to Commissioner Saunders' request, Sergio Montes of Hole, Montes & Associates, Inc., suggested he does not consider Page 24 October 22, 1991 appropriate planning to stop Immokalee Road at this point as it will result in additional cost. He recommended proceeding with Immokalee Road as planned as well as certain portions of C. R. 9§1. C.o~mlNio~ Volpe ~oved, seconded ~ Co~s~1oner Sanders, ~o ~~ wl~ X~l~ Ro~ u plied as ~11 as certain ~rtto~ of C. R. 951 with t~ ~rmt~dtng t~t the present contract, ~ dry, will mll~ ce~atn p~t~. County Manager Dotrill Interjected that C. R. 951 will be done in the sa~e ma~er ~rrently being proposed for C. R. 846. In an~er to Co=tsstoner Volpe, County Manager Dotrill clarified that the ~otton will specifically be authorizia9 staff to proceed with Phase II of Immokalee Road and that portlon of Phase I which is based on the preliminary alignment and right-of-way, for which there is no s~parat~ cost fl~re. Co~tsstoner Shanahah cohented it makes sense to proceed with ~th corridors sl~ltaneously should doing so afford an opportunity for substantial savings. He pointed out that the Issue of concurrency ~st also be considered. ~eel~r Vol~ mtltg t~t the ~tlon ~m to include a fl~lng t~t Dtmtrtct $ l~ct feem us ~efttting District 2. County Attorney Cuyler Interjected that the Board of County Oo~lssioners has considered and found that this project is a direct benefit to District 8, the development against which the fees are assessed. ~tmmt~r Vol~ stated t~t the ~t is not to exceed $4~,~, which County Manager Dotrill acknowledged is correct. ~ ~11 f~ the ~mtia, the ~tton carried ~mi~sly. Page 25 October 22, 199! ~ OP FORMAL BID PI~)~KSS AND P~IRCHASE 0P WHEELED COACH TYPE III MODOL~ ~ AJ~B~A~CES FRO~ AERO PRODUCTS COR~TION OF LON~D, ~I~ - ~~ ~ ~~E 0P 7 ~~CES AT TOT~ COST OF Eiergency Services Administrator Reardon provided a brief history of previous directions from the Board of County Commissioners regarding bids for the purchase of ambulances. He reported that Wheeled Coach Company had overproduced a federal government contract by about lO0 EMS ambulance units and is offering same at a reduced price. He confirmed that, upon review of the units, it was found that they could be purchased at a price of $47,300 per unit, but required the addition of approximately $6,000 in options in order to bring them up to the standards set for Collier County. He explained that the County has now been afforded an opportunity to buy eight replacement aibulances at a cost of about $53,500 each versus the recently taken bids of $68,000 or $72,000 each. He revealed that this year's budget includes $102,000 in Lease/Purchase for the replacement and refurbishment project as well as another $68,000 in the Growth Management budget, for an aggregate of $170,000 toward a down payment for the first Lease/Purchase, and constitutes a total expenditure of about $416,000. He stated that the backup information supplied to the Board of County Commissioners (copy not provided for the record) includes the mileage listings, cost for maintenance of vehicles, as well as a breakdown history of the current units serving the public during the slowest months. He confirmed having been put on notice that the 1992 chassis is going to be approximately $2,000 more in costs. He concluded that a savings of approximately $20,000 will be realized this year in maintenance costs by the purchase of these vehicles, and wil! change the County's six year vehicle replacement plan. In reply to Commissioner Volpe, Mr. Reardon confirmed that a Lease/Purchase payment of $102,0OO for seven vehicle activities is included in the 1991/92 EMS budget. Page 26 October 22, 1991 County Manager Dotrill interjected that, based on this particular federal contract, new ambulances can be purchased cheaper than the coat to refurbish and put a new chassis under an old box. In response to Commissioner Masse, Mr. Reardon stated that the purchase of eight units this year will reduce the need to buy two new units next year. Commissioner Shanahan stated that approval of this action over a two year p~rtod will result in a savings of $216,000 for this county, and Mr. Reardon concurred. Commissioner Saunders questioned whether seven new ambulances are needed for the system, to which Mr. Reardon answered in the affir- mative. Discussion ensued regarding the condition of the units presently in the County's ambulance fleet. In response to Commissioner Hasse, Mr. Reardon stated that eight units are being held awaiting the Board of County Commissioners' deci- sion today. Fred Tarrant suggested that a machine such as the ambulances In question can go 200,000-250,000 plus miles If It receives excellent maintenance and attention. Frances C. Barah, a member of Taxpayer Action Group of Collier County (TAG), commented that an eighth ambulance exceeds what was pre- sented in the budget. Regarding the financing of a purchase of eight ambulances, she stated there will be a considerable amount of money being spent on interest rather than on ambulance purchase. She expressed her view that the eighth ambulance is not necessary, and questioned why seven ambulances is not an adequate number at this time. County Manager Dotrill stated that Is an option available to the Board of County Commissioners. Me explained that, with the addi- tional purchase of the eighth ambulance, there will be no required purchases next year and the County will be back on what originally had been the replacement schedule for these vehicles. He confirmed that 000. . Page 27 October 22, 1991 the b~dgeted number for this year was, in fact, seven. ~lm~io~ ~d~rs ~ov~d, ~conded ~ Co~tssioner Vol~, to In response to Co=tsstoner Volpe, Mr. Reardon verified that one of the am~lances will be purchased from Fund 301 monies. Discussion ensued regarding the disposition of the seven ambulan- ces which are bein~ replaced, concluding that the best van ambulance will go to Western Gateway, w~th the remaining possibly being used as trade-ins or sold under separate sealed bid or at auction. ~ call f~ ~ ~~, ~ ~ion carried 5/0. 105 Page 28 October 22, 1991 ~ OF & PORTION OI TH~ ~OP~ UNDNR BID ~91-1~82 (N~L~8 ~FILL) ~ ~ A~I~TION TO ~ID ~ BaCE OF HE ~ - ~ATE II ~ ~ ~C ~ CO~ING SE~ICES~ INC. Solid Waste Management Directo~ Fahey ~n~oduced Reginald Boucher as a n~ add~on ~o the County~s staff. Reginald Boucher, Senior Engineer with the Solid Waste Department, explained that this item seeks approval from the Board of County Co~tssionera to award a portion of Bid ~91-1782, the completion of Cell Six at the Naples Landfill. He relayed staff's estimate of 1.9 million dollars as a total cost of this project. He verified that completion of the piping system Is required by December 31, 1991, with the e~d cover to be completed by September of 1992. He reported that none of the bids received met all the published requirements, and distributed a brief analysis of the bids. He concluded that a waiver of any of the lnformalitiee in the sand specification will directly affect the ultt~te bid price and, therefore, staff is not recom- mendinG a waiver on any of the informalities of the sand, but rather that all bids be rejected and the project be rebid. He pointed out that ERC General ContractinG Services, Inc. chose to bid the Leachate Collection Syste~ only at a bid price of $179,440.00. He explained that ERC General Contracting Services, Inc. failed to provide three references with their bid but, after discussing this infor~tion with the Purchasing Department and ~he County Attorney's Office, staff concluded that this irregularity is minor in nature and reco~ends that the Board of County Commissioners waive this tnfor- ~lity ~d award this portion of the bid. In response to Commissioner Shanahan, Mr. Boucher explained that staff has verified three of the six references subsequently supplied ~ ERC General Contracting Services, Inc. In reply to Co~issioner Volpe, Mr. Fahey confirmed that, upon approval of this reco~endatton, staff will readvertise for the sand after modifying the specifications for same. ~ieel~r S~ ~ed, mecon~ ~ Co~tsetoner Hasse ~d P~ge 29 October 22, 1991 c~rr~ 4/O (Comm/~toner Saunders not preBent), to approve Alternate XX ~ ~ ~ to ERC General Contracting Semtces, Inc. with bid i~~1~ ~i~ ~lv~; all other bi~ rejected as tec~tcally fl~; ~t ~t to c~ fo~rd f~ds at this tl~ for ~he pip~ ~ ~; ~ Staff to rebid reminder of ~rk. ~X~ OF ~LXC ~XffG TO CORSlD~ A~IOR OF ~ O~IR~CE ~X~ ~X~ C~ O~X~ ~0. 91-~9 ~ ~IRG COLLIER ~~ T~ L~ ~R ~ LELY GOLF ESTATES BEATIFICATION ~ICIP~ S~ T~XN~ ~IT {M.S.T.U.} - ~O~D Thomas E. Conrecode, Office of Capital Projects Management Director, reminded the Board of County Commissioners of their action on Au~s~ 13, 1991, when they ado~ed Ordinance 91-79 which provides for ~he M.S.T.U. ~o le~ ad valorem taxes no~ ~o exceed three (3) m~lls In ~y one fiscal year for three (3) year~ and then one (1) mill per fiscal year thereafter, subject to a referendum favoring the action. He re.fred that the Advisory Committee subsequently reevaluated their needs and has reco~ended that Ordinance 9]-79 be repealed and that Ordinance 87-100 be further amended to authorize a maximum allowable t~ le~ in any fiscal year not to exceed ~-~/2 mills, i.e. a ]/2 mill increase over the curren~ authorized levy o~ one (1) mill. He stated that ~he ~urpoee of ~he requested m~]lage increase is to provide suf- ficAen~ revenues necessary to complete the proposed capital improve- mente as well as provide maintenance. He confirmed that staff's re~eet today includes authorization to advertise for a public hearing to consider the adoption of that Ordinance and authorize an increase in the m~imum allowable tax levy for Lely Golf Estates Beautification M.S.T.U. (Municipal Service T~lng Unit), as well as direction on whether or not the Board of ~ounty Commissioners will re~ire a referendum election to affect the proposed tax levy increase. George Pearson, Chairman o~ The Beautiflcation Committee, verified that the Board of County Comm~ssioners' directive had previously been ~o proceed with referendum but, encountering opposition regarding e~e, later directed to do othe~lse by executive order. He explained Page 30 October 22, 1993 that a compromise has been reached resulting in the request for a one- half (1/2) mill increase over the current one (1) mill tax levy, thereby negating the need for a referendum. In reply to Commissioner Volpe, Mr. Pearson stated he ts confident that better than 51~ of the Lely community supports the move to one and one-half (1-1/2) mills. ~-r~tn Gutz~tller voiced strong support for an Increase o~ one-halff {1/2) mill. He stated that a newsletter will go out this week to the members of his civic association giving up-to-date figures on how much money has been collected, how it has been spent, and what is projected for ~he future, based on the one-half (1/2) mill Increase. He expressed a desire ~o avoid the additional expense which would be ~ncurred for a referendum. Mr. Pearson read the letter ~n~ended for distribution to h~s asso- c~ation. Follow~n~ d~scuss~on re~mrd~n~ ~he hear~nD date, Mr. Conrecode clarified ~ha~ ~he public hear~n~ will be held on Tuesday, November 19, 1991 . ~rsuant to lnqutry by Commissioner Volpe, Assistant County Attorney Weigel s~ated It Is preferable that the advertisement include a reference to a referendum. County Manager Dorr~11 reflected that ~t should be clear ~n the legal ad that a referendum will be considered. Co~ss~oner Volpe requested that notices to unit owners advise that one of the issues to be debated at the public hearing is whether the matter should or should no~ be submitted to them for a vote. ~~t~ S~ ~ed, seconded ~ Co~tsstoner Hu~ ~d c~t~ 4/0 (C~tsslonmr 5~dmrs not present), to authorize staff ~o ~te · ~11c ~ln~ to coutd~r adoption of m Ordln~ce to t~ t~ mlm allmble t~ lew in ~y one fiscal year for the ~ly ~lf ~tsta ~ttftcatton ~.S.T.U. (~tctpal Se~tce T~tn~ ~tt). 111 Page 31 October 22, 1991 eae lingerie: 4:10 P.M. - Reconvened: 4:20 P.M. at which time De~ut~ Clerk ArrlGh! r~laced ~ty Clerk Farrls ~ BXD ~O. 91-1788 ~~ ~ LEO SOD ~R ~ ~~K ~/OR ~~ ~ ~ ~I~ OF ~35,000 ~R ~DI~ ~C~ Capital Projects Managemen~ D~rector Conrecode explained tha~ this item fs a reco~enda~ton to award a contract for Bid No. 91-1788, turf purchase and/or delivery, to the low bidder, Leo Sod. He informed that the Office of Capital Pro~ects has a continuing need to purchase sod ~d the se~lces of delivery Jn accordance w~th thel~ median landsca~ ~tntenance and beautifJcatlon projects. He indicated that othe~ County departments such as Road G B~idge, Facilities Management, Parks ~d Recreation, and the Utility Division will also be utilizing these services fo~ their requirements which initiated Bid 91-1788 in Septemir, ~99~. He advised that in addition to the ~blic Notice that was posted, 24 fl~ms on the vendor's list for thls category were notified, result~ng in one bJd beJnG received on time which Js Leo Sod. He noted that another bid was recelved one day late and was ~eturned ~o~ned. M~. Conrecode no~ed that the Office of CapJta] Projects Management and ~he ~rchastng Department have reviewed the proposed unit prlces and have found them to be consistent and competitive with similar ser- vices that have been obtained since FY 89/90. As a ~esult of this finding, Mr. Conrecode advised that staff Js recommending that the contract be awarded to Leo Sod to perform the services indicated at the ~t~ p~tces included tn Bid No. 9~-~788 and to permit the vendor to submit unit p~Jces to Coll]er County for approval at such time both Flo~ala~ ~d ~-~0 become available. County Manager Dorrtll questioned Jn regards to the concern that th~s will be an opened ended annual contract, if an upset figure could ~ determined at this time7 M~. Condecode ~esponded that $35,000 would be a satisfactory upset f1~e. In ~es~nse to Co~issione~ Shanahan, Pu~chas~ng Director Carne]] Page 32 October 22, 1991 stated that the bid did reference that the sods required would be available for purchase by other County departments. Mr. Carnell infoz-~ed that the County had anticipated more than one bid being received for this service, however, this did not happen. He affirmed that the bid from Leo Sod is price competitive. Co~issioner Volpe questioned why the offer from the Sheriff's Office ts not being utilized regardinG labor? Mr. Conrecode agreed that this will be looked into. Mr. Gilbert Erltchman, representing the Taxpayer Action Group, ~estioned why all retirements for sod from all County departments ar~ not consolidated? He asked how anyone can produce a bid if the pricea are not available on all units requested as indicated in the ~x~cut lye a~ry7 Mr. Conr~cod~ ~xplatned that of the eleven unit prices requested, nine unit pricea wer~ provided because the other two species of sod are not currently available at this time In Collier County; however, when they do become available within the next year, Leo Sod will have the option to submit a unit price on them which the County can accept or r~J~ct at that time. Mr. Camell further explained that with the acceptance of the proposed bid the County can begin purchasinG the re.ired sod fro~ the nine species available. Mr. Camell provided an explanation in response to Mr. Erlichman that in sugary stated openinG a late bid could be a risk liability to the County. ~i~ 4/0 (~issio~r S~rs not prss~nt), t~t Bt~ No. 91-1~88 ~ ~ to ~ ~, with ~ m~t prics of ~3S,000 for ~ 1991-92. ~~I~ NO. ~1-741, ~I~I~ Administrative Assistant Filson advised that there is one vacancy to b~ filled on the Hispanic Affairs Advisory Committee due to the Page 33 October 22, 1991 recent resignation of Mr. Beltran. In response to the press release, Mr. Filson advised that seven citizens expressed their interest to be on the coulttee. She noted that there is no specific recommendation from staff for this appointment. Com~mion~r $~und~re ret-arned to the ~eeting at this ti~e. Mr. Victor Va]dee, a ~ember of the Hispanic Chamber of ~ommerce, advised t~t of the current ~embers of the subject advisorV board there is no representation fro~ IuokaIee. He pointed out that two the resaee submitted ~or consideration ~or thi~ board, Elba ~tr~da-Arrovo and Eduardo ~a]van are from the ]mmokaIee a~ea; and he :ecouended that one of these two be considered for the position. ~r. Jose ~o~ez, a concerned Hispanic-American citizen and a member o~ the ~atIn-Aser]can Business and Pro~essional Association, ~tated that although he has submitted his re~ume for consideration of the subject ~sltion, he offers the Associatlon's assistance to the Advisory Co~ittee and the Board whether or not he is ~elected. Mr. Zac Lucio, Chairman off the Hispanic Affairs Advisory Co~ttee, emphasized the importance of includinG the Immokalee area on the Advisory Co~ittee, and recommended one of the two individuals from I~okalee for the subject position. Mr. Frank Rodrl~ez, reaident of Golden Gate, advised that he an applicant for %he position on the Committee for a second time. He informed tha~ he Is active in the Immokalee area as well as the other arma~ off Collier County and assures that this area will be represented in the Co~lttee's decisions. Page 34 October 22, 1991 Ce~e~A~t~ ~an~ere left the ~eeting at this time. Administrative Assistant Fileon informed that there was no reel)ones to the press release for the three expiring positions on the Emergency Medical Services Advisory Council other than the three whose terms had expired. She indicated that Charles W. Buell, ~gon Hill, and Vicki A Clavelo have indicated that they would like to continue serving on the subject Council, and they are all eligible for reap- pointment. C~i,ei~er $~nahan ~, ~c~d~ ~ Co~immioner H~se ~d c~t~ 4/0 (~Amlt~r S~rm ~t prement), t~t Mr. C~rle8 W. ~1, ~. ~ Hill, ~ ~. Vicki A. Clavelo ~ reagAnted to the ~ ~t~l ~tcee ~i~o~ C~cil, there~ a~ptln~ Page 35 October 22, 1991 R:i~3T.~:IT/OII IIO. 91-743, &PPOIII~TIIG ROBERT TTI~Y TO TH~ TI~ORI~&?TOR AND ~ BI~TE RTBBO]I TJ~ql~ ~3RCE JLD HOC C(;R~!ITTKK - ADOPTKD Administrative Assistant Ftlson advised that this position has been vacant for several months and only one resume was received in response to the press release. The Ad Hoc Committee recommended that Nr. Robert Tuff be appointed for this vacant position. Ms. Filson pointed out that this Ad Hoc Committee will expire on January 8, 1992. ¢~rrl~ 4/0 {C~dwlo~er Sam3d~rs not present), that lit. !b3bert Tuff b~ a~l~mtat~l~ te thm Information and Referral Blue Ribbon Tuk Force &d Boc C4~eattt~, tint. by ~1opting R~solution Ro. 91-743. OO0,.,..: 118 Page 36 October 22, 199! !I~:~:IIAITZO~I ~O. g1-744, &FPOXNTX~G CRAIG BOLLAJlD TO THE DISTRICT lIGHT ~e~r.~ OOOBC~L BO&IED Off DX!t~J~I~RS FULIXLLZNG TH~ REI~XIID~t OF A VAC&~T Ceee~l~l~ ~az~han~, ~econded by Cmmiastoruer Ha~e and ca~ried 4/0 (~iaaion~r 8~unders not preaent), that Nr. Craig ~oll~ h~ mp~oint~d to th~ District [tCt Health Council Board of Dtr~ct~r~ te Fulfill the rmtnd~r of tha vacant ter~, sxpiring on · ~pte ~O, lg~l, thereby adoptin~ R~solutton Io. 91-744. 000 ,,,: Page October 22, 1991 At this time County Manager Dorrill advised the Board that on Tuesday, October 29, 1991, a proposed agreement between the City of Naples and the County regarding Pelican Bay will be presented. He informed that a ninety-day extension for the transfer of services is being considered to assist the City of Naples regarding a revenue issue which in turn the City will provide their acknowledgment that the County is ready to assume their responsibilities for service on November 4, 1991. A discussion ensued in general regarding the concerns of the citi- zens of the County and the rate for utility service they have to pay. Item ~12B1 ORDXW Jl-gS, R~ FETITION R-91-9, KATHLEEN C. PASSID0~O OF HART~R, ~C~ & ~, P.~I~k~]IT/NG MAL-i~%RT STORES, R~QU~STING A REZONING FROM ~-1, A-2 ~ A-2'~" TO C-4 ~R ~ ~OP~ L~A~D ~~Y 750 ~ SO~ O~ N~ES-I~O~ ROAD ~ 665 ~T ~ A~-~LING RO~ - ~ED WI~ ADDED STI~TIONS Commissioner S~unders returned to the meeting at this time. Legal notice having been published in the Naples Daily News on October 2, 1991, as evidenced by Affidavit of Publication filed with the Clerk, public hearlng was opened to consider Petition R-91-9, filed by Kathleen C. Passidomo of Hatter, $ecrest & Emery, repre- senting Wal-Mart Stores, requesting a rezoning from RSF-1, A-2 AND A-2"ST# TO C-4 for property located on the south side of Naples-Immokalee Road, (CR-846), approximately 562 feet east of Airport-l~ulling Road, (CR-31), in Section 25, Township 48 South, Range 25 East. Planner Saadeh presented Petition R-91-9, which is to allow for a 6.86 acre parcel to be used as a stormwater retention area for the proposed Sam's Wholesale Club located on adjacent property to the west. He advised that the subject petition is in compliance with the Growth Management Plan and is located within the Naples-Immokalee Road/Airport-Pulling Road Activity Center as designated on the Future Land Use map. He noted that all County review agencies have approved m ~P)~.,.. 1~ Page 38 October 22, the proposed p~tltton, subject to the stipulations found in the agreeNnt sheet. He informed that opposition has been received by staff from church parishioners located to the south. He added that the Planning Commission voted ?/0 recommending their approval, subject to staff stipulations, of the proposed petition. In response to Commissioner Haese, Planner Saadeh explained that the complaint by the parishioners Is that they do not want to look at the du~psters or loading area luediately abutting their property. He added that the petitioner is proposing to provide a six foot fence with a ten foot landscape buffer and for the rezoninG section a fifty foot buffer is proposed from the adjacent property which is residen- tial. Ms. Paeetdo~o, representing the petitioner, advised that they have agreed to all the stipulations regarding the fezone. She informed that after talking to the Reverend from the Church, the proposed buf- fering is b~tng increased considerably. She added that the stormwater retention area wtll be a lake. Richard Harris, the engineer for the proposed Sam's Wholesale Club project, answered Commissioner Volpe by stating that the front entrance to the building in question will be enhanced providing a better aesthetic look. In referring to a display map, Mr. Harris pointed out the landscaping enhancements and buffering. After some discussion regarding Commissioner Volpe's concern, Ms. Passidomo commented that the petitioner will agree to restricting this 6.86 acre parcel rezone to stormwater retention only. Mr. Harris assured Commissioner Volpe that the final site develop- merit plane Indicate the enhanced entrances and medians as well as the height elevation of the building. Rick Bell of the Four Seasons Homeowner's Association informed that their ~ubdlvision is adjacent to the proposed fezone area. He expressed hie concern regarding the level of service on Immokalee Road and Airport Road at this intersection. He stated that the level of service after Say's is completed on these roads at this intersection Page 39 October 22, 1991 will drop to level #F" which may create a situation where the County cannot meet their Growth Management Plan. Donald Moldstad, Pastor of Our Savior Lutheran Church, questioned how a preliminary site development plan could have already been approved, but now there needs to be a fezone for the water retention for it. Planner Mulhere informed that it was agreed that the site develop- ment plan was preliminarlly approved and that final approval will be subject to the approval of this fezone. Reverend Moldstad also expressed his concern regarding the amount of traffic the proposed Sam's Warehouse will generate. He questioned how a warehouse fits into an activity center7 Plan~er Bellows informed that he performed a traffic analysis on the proposed site. He advised that Immokalee Road is scheduled to be four-laned by the end of 1992, and staff's opinion is that there ls no significant impact from this six acre rezoning. In response to Commissioner Shanahan, Ms. Passtdomo noted that the completion of the building for Sam's warehouse is scheduled for August of 1992 with the probability of it being later than that. Mr. Bellows indicated to Commissioner Volpe that most of the right-of-way has been acquired for the four-laning of Immokalee Road. Mr. $aadeh pointed out that Stipulation E of the agreement sheet provides for an additional 50 feet of right-of-way dedicated to the County. Me. Pasatdomo assured Commissioner Volpe that the buffering will be provided with the additional right-of-way dedication. Co~d~o~r S~ ~, seconded by Coulasioner Hmmse and cax~ted ~t~ly, that the p~blic hearing be closed. ~teetoner Volpe movmd, seconded by Commissioner Shanahah and carried n~anlmo~Jl¥, that the Ordinance as numbered and titled below be a~pted, nbJmct to the stipulations provided in the agreement sat az~ tbe / stipulations that the petitioner provide a chain link fm if {~e~elred by the Chinch adjacent to the south of the sub- October 22, 1991 that th~ 6.86 acre p~rce! to be rezoned be reetrtcted to the use as · retention area only; that the right-of-way be dedt- c~t~ as identified on the site plan for the widening and t~prove~ent of th~ ~~ton at I~ok~le· Road and Airport Road; and that this ~ b~ tied to the site d~velop~nt plan ~htch has been preltmt- ~artl¥ ai~ by staff with the added enhanceaents; and entered Into Book ~o. 48: ORDXNAIICX 91-98 AN ORDINANCE AMENDING ORDINANCE NUMBER 82-2, THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 8525N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED ON THE SOUTH SIDE OF NAPLES-IMMOKALEE ROAD, (CR-846), APPROXIMATELY 562 FEET EAST OF AIRPORT-PULLING ROAD, (CR-31), IN SECTION 25, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, FROM RSF-1, A-2 AND A-2"ST" TO C-4; PROVIDING FOR STAFF AND PLANNING COMMISSION STIPULATIONS; AND BY PROVIDING AN EFFECTIVE DATE. 125 October 22, 1991 ORDI'H&BCI 01-99, P'KTITI0~ NO. PUD-86-17(2), K]i[KRALD LAKES PUD, KATHLI:Z]I C. PJILSSZ~, OF HA]t'TKR, $ECRKST & EMERY, AGKNT FOR THE V/LL&G'I~ AT KXKRAT.,D LAKES, INC., AND LKVrTT HOMES AT EMERALD INC., REQq~E~TING A REZONK FROM PUD TO PUD FOR THE PURPOSES OF AMENDING K~qKP. ALD ~LEXS PUD ~ TO PROVIDE FOR COMMERCIAL EXCAVATION, OFF-SITE REMOVAL OF FILL, AND AMENDING THE PUD MASTER PLAN, FOR PROPKRTT NEST OF AIRPORT-PULLING ROAD AND NORTH OF PINE RIDGE ROAD - ADOPTED WITH COPT'S RECO~B~FDATIONS Legal notice having been pub]ished in the Naples Daily News on October 2, 1991, as evidenced by Affidavit of Publ/cation filed with the Clerk, public hearing was opened to consider Petition No. PUD-86-17(2), Emerald Lakes PUD, filed by Kathleen C. Passidomo, of Hatter, Secrest & Emery, agent for the V~llages at Emerald Lakes, Inc. and Levitt Homes at Emerald Lakes, amending Ordinance 82-2 by changing the zoning classif~cation from "PUD" to "PUD" Planned Unit Development known as Emerald Lakes PUD for a maximum of 525 residen- tial dwelling units, for property located approximately 1/4 mile west of Airport-Pulling Road (C.R. 31) and approximately 1.5 miles north of Pine Ridge Road (C.R. 896), consisting of 148.27+ acres. Co~missioner Goodnight noted that Petition No. PUD-86-17(2) will be heard in conjunction with companion item #SA1, Excavation Permit No. 59.317, and Item #8A2, the final plat recording of "Emerald Lakes at Bridget Lake Unit Five. Planner Schell informed that Petition No. PUD-86-17(2) is a request for an ~endment to the PUD Document and the PUD Master Plan, providing for commercial excavation and including off-site removal of fill. Me reported that the planning services staff has found this petition in compliance with the Collier County Growth Management Plan, therefore, staff recommends approval of said petition, subject to all stipulations listed in the agreement sheet. Mr. Schell noted that the Planning Commission voted 6/0 in appro- val of the subject petition, subject to the stipulations of the reviewing staff with the additional stipulation of a two year sunset clause on lake excavation from the date of approval of this petition. Mr. Schell added that no opposition has been received regarding Page 42 October 22, 1991 thl~ l~tition, C~sd~io~wr Volp~ ~oved, ~econded by Coniaeloner Saunders and carried~aeai~o~sl¥, that the public hearing be closed. Coeai#ioner SI~ ~oved, seconded by Co~atssioner Saunders and carried ~ai~l¥, that the Ordinance as rn~abered and titled be m~o~ted0 ~J~t to the Collier County Planning Co--tsston's racom- ms~!attou, ~m~ ~ntersd into Ordinance Book No. 48: ORDINAl[C! 91-99 AN ORDINANCE AMENDING ORDINANCE 82-2, THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAPS NUMBER 9502N AND 9§02S; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNING UNIT DEVELOPMENT KNOWN AS EMERALD LAKES PUD FOR A MAXIMUM OF 525 RESIDENTIAL DWELLING UNITS, FOR PROPERTY LOCATED APPROXIMATELY 1/4 MILE WEST OF AIRPORT-PULLING ROAD, (C.R. 31), APPROXIMATELY 1.5 MILES NORTH OF PINE RIDGE ROAD (C.R. 896), IN SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONTAINING 148.27 ACRES, MORE OR LESS; AND BY PROVIDING AN EFFECTIVE DATE. KX~AVAYIOB~ PI3~iIT BO. 59.317, =BRID(JKT lAKE" LOCATED IN SECTION 2, TOM~H~P 40 ~, ~ 25 ~, ~ED ON ~ ~T ~ lI~ ROAD ~ ~ ~ ~ ~ ~L~GES OF ~~ - ~O~D WI~ STI~TIONS This item was heard in conjunction with its companion items #12B2, PUD-86-17(2), and #8A2, recording of the final plat of "Emerald Lakes at Bridget Lake Unit Five" ComiosiouoF S~ ~ov~4, ~om~d by Conloatoner Hames and ¢~l*ied ~i~o~l¥, t~t ~cmvmtion Petit No. 59.317 ~ approved, ~J~t to t~ foll~l~ stl~lattons: 1. The excavation shall be limited to a bottom elevation of -4.0 feet NGVD. All disturbed areas proposed for excavation shall be excavated to a minimum elevation of 1.1 feet NGVD. 2. 0ff-stte removal of material shall be subject to "Standard Conditions" imposed by the Transportation Servlces 9iriston in document dated 5/24/88. 3. The Information and excavation methods identified in the lake excavation report shall be followed. Specifically, but not limited to: maintenance of an elongated settlin9 pond, no penetration of the confining layer over the lower Tamtamt a~tfwr and the use of silt curtalns and discharge controls. 4. All provisions of Collier County Ordinance No. 88-26 shall be a~ered to. 5. Prior to issuance of the excavation permit to remove fill off-site, the Planning Department shall provide a letter Indicating that the co~erctal excavation is allowed per the proJect's zoning. In lieu of a letter, the Board of County October 22, 1991 Commiasioners shall approve an amendment to the PUD zoning to allow a commercial excavation. Prior to issuance of the excavation permit to expand the lake, the plat for the property encompassed by the expansion shall be recorded. K~OKDI~ OF TH~ FINAL ~T OF "~D ~S AT BRI~ET ~ ~IT This Item was heard in conjunction with its companion items #12B2, PUD-86-17(2), and Item #SA1, Permit No. 59.317. Coe~t~l~ ~mnah~n moved, ~econded by Coltssloner $mrs and c~rri~ ~i~1¥, t~ t~ r~ordi~ of ~he fill plat of "~rmld ~ at Britt ~ ~tt Five' ~ a~r~ed, with the foll~tn~ sti- 1. Accept the Surety Bond as security to 9uarantee completion of the suMlvtslon improvements. 2. Authorize the recording of the Final Plat of "Emerald Lakes at Bridget Lake Unit Five." 3. Authorize the Chairman to execute the construction and main- tenance agreement. 4. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. Page 44 October 22, 199~ ~~[0~1 ~ 1T~S~ #1255, ~12C?, Jkl~D #12C8 ]~ PZ)I~ Plier Ntno re~e.te~ at t~ts time to correc~ the conttRua~ce da~e for the items re~ardtn~ Pine Air Lakes which are noted on the Oc~o~r 22, ~9~, agenda as ~lng con~lnued to November 26, 19~1~ however, are actually beln~ contlnued to November ~2, ~ndlcated that Items ~12C7, determination of a substantial deviation, and ~12C8, ~A-91-3, have been advertised for November 12, 1991. In regards to I~em ~12B5, PUD-84-25(1), he advised that this petition will be readvertlsed for November ~2, In res~nse to Commissioner Volpe, Mr. Nino stated that the peti- tioner has requested that these Items be heard earlier than the November 26, 1991, ]nd]cated on the agenda. County Attorney Cuyler clarified that there Is a conflict between newspa~r advertisement date and the one listed tn today's agenda; therefore, he advised that a mo~ion be made to reconsider the earlier action on Items ~12B5, ~19C7, and ~12C8; and then make a separate motion to continue these same ~ems to November ~2, 199~. ~t.1~ ~ ~, ~c~ ~ Co~tsstoner S~ ~tM ~t~ly. to r~t~r th~ sarly action t~n on Iteu e12~, 91~, ~ ~12C~. ~tsslmr ~~ u~, s~con~ ~ Coatssloner Hasse ~d =rig ~tmly, t~t Ires ~12B5, ~84-25(1), Ires {12C7, deter- stutt~ of a n~tutial deviation to Pine Air L~es ~D ~elop~nt ~r }}-~, ~ It-- ~12C8, ~A-91-3, ~ continued to Novemir 12, 1991. It~ ~12~ ~~ 91-1~, ~Z~IOM R-91-2, ~ ~ O~ B~ ~GI~IRG, ~ ~ ~ BIDB O~ 111~ A~ RO~ ~ ~PROXI~T~Y ~ ~ 0.~. 41 - ~D Legal notice having been published in the Naples Daily News on October 2, 1991, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition No. R-91-2, Page 45 October 22, 1991 filed by Gary Butler, Butler Engineering, Inc., representing Ertcksen Couuntttes, Inc., amending Ordinance 82-2, the Comprehensive Zoning Regulations, by changing the zoning classification of the property located on the north side of 111th Avenue North, approximately 1/2 mile west of U.S. 41 in Section 21, Township 48 South, Range 25 East, from A-2 to RSF-4 for single family residential. Planner Ntno Informed that SMP-91-3 (Subdivision Master Plan for Parson's Green) Is a companion Item to the subject petition. He com- mented that this companion item Is to facilitate the development of the fezone. Mr. Ntno indicated that Parson's Green was formerly known as Huntington Park. Mr. Nlno stated that the subject petition requests a rezoning from A-2 to RSF-4 with a density of 2.5 units per acre which is less than what is permitted by the Land Use Element of the Growth Management Plan. He Indicated that the interconnect requirement was found by staff not to be appropriate for this project. He noted that all reviewinG agencies found that the proposed project is consistent with all elements of the Growth Management Plan. He Informed that, where necessary, stipulations have been provided, and added that the Planning Coutsston unanimously recommended approval of this petition. He affirmed that there has been no opposition reported regardinG the subject project, and related that staff recommends approval. In regards to Commissioner Volpe's question regarding a concern of the level of service for 111th Avenue, Mr. Ntno asserted that there is no concurrency issue now or in the future for this avenue. Co.miNister Shanahah ~oved, seconded by Cosmatsstoner Volp~ and c~a-ri~d ~~ly, that th~ public hearing be closed. ~tmalo~r $han~han ~oved0 meconded by Comzatssloner Nasme and carried unanimously, that tha Ordinance as numabered and titled below be adopted and ~tmred into Ordinance Book No. 48: ORDINANCE 91-100 AN ORDINANCE AMENDING ORDINANCE 82-2, THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 8521S BY 000,,. 141PaGe ,, October 22, 1991 CHAI{GING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROFERTY LOCATED ON THE NORTH SIDE OF 111TH AVENUE NORTH, APPROXIMATELY 1/2 MILE WEST OF U.S. 41 IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, FROM A-2 TO RSF-4 FOR SINGLE FAMILY RESIDENTIAL; AND BY PROVIDING AN EFFECTIVE DATE. Page 47 October 22, 1991 91-745, PETITION ~MP-91-3, J. GARY BUTLER OF BUTLER ~II[~tll[~, I~K~., REPreSEnTING ERICKSEN C~ITIES, INC., ~QUESTING ~~S~ ~ ~ ~~ ~R P~ON'S ~EN L~ATED 0N ~E ~ 111~ A~ NO~, ~OXI~LY 1/2 MILE ~ST OF U.S. ~I~ OF 7.16 A~S - ~D Legal notice having been published in the Naples Daily News on October 6, 1991, as evidenced by Affidavit of Publication filed with the Clerk, ~ubli¢ hearing was opened to consider Petition SMP-91-3, filed by J. Gary Butler of Butler Engineering, Inc., representing Ericksen Communities, Inc., requesting Subdivision Master Plan approval for Parson's Green, located on the north side of Illth Avenue North, approximately 1/2 mile west of U.S. 41, in Section 21, Township 48 South, Range 25 East, consisting of 7.16 acres. This item was heard in conjunction with its companion Item #12B3, Petition R-91-2, Oo~duloner $h~l~h~n ~, ~c~ ~ Coatestoner Vol~ ~d =lg ~imly, t~t t~ ~bltc hearing ~ closed. ~t~iar S~ ~ed, seconded ~ Co~tssloner H~ee ~d =lg ~t~ly, t~t Pstttton ~-91-3 ~ a~r~ed, Page 48 October 22, 1991 Legal notice having been published tn the Naples Daily News on October 2, 1991, as evidenced by Affidavit of Publication flied with the Clerk, public hearing was opened to consider a corrective ordi- nance a~ending the legal description of a property located within the Immokalee Planning Community. Coat, unity Development Services Administrator Brutt stated that the proposed ordinance Is requested to correct the legal description of the property which was rezoned in August, 1991, as part of the batch rezonlng process. Mr. Brutt provided to the Commission and for the record a ~ap Indicating the particular parcel in question. He recom- mended that the Board of County Com~tsstoners adopt the corrected ordinance rezontng parcel 110 in Section 36, Township 46 South, Range 28 East from A-2MH to RSF-3. He noted that this parcel was included in the total package during the fezone, however, this particular par- cel's legal description was Incomplete. Commissioner $~m~ moved, seconded by Comumtsstoner Saunders and c~--'rled ~ni~o~sl¥, that the public hemring b~ closed. ~lmmtonmr Shmnmhmn moved, saconded by Commissioner Hasse and carried u~nl~ou~l¥, that the Ordir~nce &s numbered and titled belo~ be ~opted ~ entered into Ordinance Book No. 48: ORDXNANCZ 91-101 A CORRECTIVE ORDINANCE AMENDING THE LEGAL DESCRIPTION OF A PROPERTY LOCATED WITHIN THE IMMOKALEE PLANNING COMMUNITY AND LISTED AS STRAP # 462836-110.000 ON EXHIBIT "A" TO ORDINANCE NUMBER 91-72 THAT REZONED CERTAIN PARCELS PURSUANT TO OBJECTIVE II.1 AND RELATED POLICIES AND POLICY II.1.10 OF THE IMMOKALEE AREA MASTER PLAN ELEMENT AND THE IMMOKALEE AREA MASTER PLAN FUTURE LAND USE MAP OF THE GROWTH MANAGEMENT PLAN, AND BY PROVIDING AN EFFECTIVE DATE. XtmmJ12Cl · .E~OZ. IFrXiM[ 91--746o PETITION 05P-91-3, DAVID S. WILKISON, P.Z., l~ A.F. FAYARD, ~R., R~QUESTING APPROVAL OF OFF-SITK PARKING OM LOT9 7 AND 8, BLOCK A, NAFLKS VILLAS, ZONED RMF-6 TO SERVE TH~ · Xx~rxM6 ~XME~S ZONED C-4 LOCATED ON LOTS 5 AND 6, BLOCK B, NAPLES P. ge ,9 October 22, 1991 Legal notice having been published in the Nap]es Daily News on October 6, 1991, as evidenced by Affidavit of Publication filed with the Clerk, ~ublic hearing was opened to consider Petition 0SP-91-3, filed by David S. Wilkison of Wllkison & Associates, Inc., repre- senting A.F. Fayard0 St., requesting off-site parking approval to serve the existing business, zoned C-4, for Lots 7 and 8, Block A, Naples Villas. Planner Mulhere informed that the applicant is requesting approval of the proposed off-site parking to provide adequate parking for the sub3ect business which is Bennett's Grocery. Mr. Mulhere advised that pursuant to direction by the Board, staff reviewed the subject business and provided safety items needing to be addressed by the owner prior to the County issuing a temporary Certificate of Occupancy (CO). He noted that all the ttems have been addressed by the petitioner and a temporary CO has been issued. He related that the issue of adequate parking can be resolved through the subject petition satisfactorily. He noted that the Planning Commissioner recommended a 7/0 approval of this petition. Mr. Mulhere disclosed that a formal agreement sheet will be brought back before the Commissioner for signature prior to the final site development plan approval. In response to Commissioner Volpe's concern, Mr. Mulhere explained that as part of this petition the petitioner will be required to install curbing along Airport Road consistent to the existing curbing to prohibit vehicular traffic parking in front of the store along Airport Road. In referring to a display map, Mr. Mulhere detailed the parking situation, requirements for safety and buffering for this petition. Mr. Wtlktson, representing the petitioner, affirmed that the peti- tioner agrees to the stipulations set forth by staff. C,o~mtselo~er $m~u~lers ~oved, seconded by Couisstoner Shanahah and 158 Page 50 Octob~ 22, 1991 c~-risl~atso~sly, that the p~bltc heart~ b~ closed. c.~1~t~ ~M~/mog~l¥, that l~tttion 0~P-91-3 b~ &pproved wubJect to the sttp~l&tio~ 1tetmt in the a4Tre~m~nt Sheet, thereby &dopttng P~sol~tton 91-745. 1,59 October 22, 1991 ~ff47LIFTXO~ 91-747, F~TXTXOI po-gl-~2, KJU~X x. wo~ ~ ~~ 8.10 (~I~ S~~) O[ ~ A-2 ZONIN~ DIS~I~ TO (S.R. 84) ~ ~~ ~ ~i~ ~ M~~ A~, CONSISTING OF Planner ~ilk stated that the subject petitioner is requesting Provisional Use 'b' of Section 8.10 of the A-2 zoning district to all~ a 280 foot countcation tower. He explained that the sub- Ject site Is currently zoned A-2, undeveloped, approximately 5 acres in size, and heavily vegetated. He noted that the land to the north t8 zoned A-2 and Is semi-developed, land to the east and south zoned A-2/PU for earth mining operations, and land ~o the west zoned A-2/PU and is currently the Collier County Landfill. He com- mented that the Planning Co~isslon voted 7/0 recommending approval of the said petition, subject to moving the co~untcatton tower 250 feet to the north of the south property line. He noted that there has been no optstrion to the proposed petition, and added that staff is of the opinion that this petition is consistent ~tth the Co~untcatton Tower Ordinance and compatible with the surrounding land uses; therefore, staff reconends approval of this petition. ~r. Nilk related that the Mosquito Control District did raytaw the aubJect ~titton and provided a letter stating that they had no objec- tion to the propseed 280 foot tower. Mr. Lamoure~ explained that he agrees ~ith all stipulations except the last stipulation requiring the tower to be placed 250 feet north of the south boundary, and requested that this stipulation be deleted. He noted that there are environmental issues involved. ~r. ~tlk informed that the Planning Commtssion's concern is that the t~er ~tll be constructed too close to the road and could create a probleB in the future if the road was widened. He agreed that the t~er should be moved to the north; however, 250 feet may not be necessa~. Mr. L~oure~ asked tf the location of the to~er could be October 22, 199! latsd at the time of the Site DevelopLent Plan process. Mr. Milk suggested the the stipulation for the location of the tower on the site be subject to SDP final approval. Co~tmto~r ~und~re ~oved, seconded by Conisstoner $h~nah~n ~d ~i~ ~l~ly t~t Ntttton ~-91-12 ~ a~roved ~bJect to all stt~l~tl~ a ~, t~re~ ~ttng ~solutton 91-747. Page 53 October 22, 1991 i~TI[TIO~ PU-91-13, CLYDE E. ARNSTRONG, SR., U~ =g= OF TH~ A-2 ZONING DISTRICT FOR I RACE RIkDIO ~OLL~D CARS FOR PROPERTY LOCATED ON THE [~_~S-I~]OKAL~ ROAD (C.R. 846) AND APPROXII~[ATELY 2.5 CONSISTING OF 3.48 ACRES - ADOPTED WITH Planner Badamtchtan stated that the petitioner is requesting Provisional Use 'g' of the A-R zoning district for a race track for scaled model electric radio controlled cars to be used by Naples Radio Controlled Car Club, Inc. members. He noted that the Planning Co--lesion recouended approval to the subject petition, subject to all stipulations. Hr. Armstrong Indicated that at present the Club has approximately 65 members which Is subject to increase. Coutsstoner Volpe requested that a stipulation be included that the provisional use be allowed only for radio controlled cars. In response to Coutsstoner Volpe, Mr. Badamtchtan pointed out that stipulation "E" provides for hours of operation. C~l~l~r ~zmd~rs ~oved, seconded by Co~tmmtonmr Shanahah ~nd C~Z~t~ ~IT, that P~tttion PU-91-13 be approved, subject to mll ~tip~latl~, thereby ~lopttng Resolution 91-748. 184 Page 54 October 22, 399! eee Commimios~r Shanah~n moved, leconded by Couil=loner R&=ee Imd carried tm~niaoul¥, ttat the following ~teas under the con- at akg~ he approved and/or gopted: *** Itu ·1~1 ~ to #8A3 It# ·Ill2 ~ ~T ~ =~LLI~ COUNT~ ~O~ION PAP. K, That the final plat not be recorded until the required impro- vements have been constructed and accepted or until approved security Is received for the tncompleted improvements and that construction shall be completed within 36 months of the date of this approval. 2 o Authorize Chairman to execute the Construction and ~atntenance Agreement. 3~ That no building permits be issued until the final plat is recorded. That prior to plat recordation, certain deed transfers shall be provided and referenced on the cover sheet of the plat. see Pages IL~ F&CILITZ~ ACC~I~,D ~C)R B~RI~UDA ~R~NS OF N~vLES, LTD. - filTH The water facilities to serve the project cannot be placed into service and no Certificate of Occupancy shall be issued until the Florida Department of Environmental Regulation fur- nishes a letter authorizing the placement of the sewer system Into service and approving the water distribution system for service. 2. Bacteriological testing has met the County's requirements. The Fire Flow requirements of the project have been satisfied, and the Fire District furnishes a letter accepting the fire hydrant for ownership and maintenance. OR Book 1662 Pages 1624 - 1647 ~ TO SION ~ TO CLO~K OUT THE C01~fUIlITY DNV~LOPIi~IT ~ O~JklfTr ~ · 90DB-49-O9-21-01-R05 II~.TFT~(~I 91-325 PROVIDING FOR I~SES~I~NT OF LIEN FOR THE COST OF ~T~3gT ~F FIF~LIC NUISANC~ ON LOT 34, BLOCK 28 OF MARCO BEACH UNIT NO. O~g~f &T,D~R HOMN~f INC. ~ E. GLN~N TUCKI~-R, REOISTHRED AGENT See Pages ~;- C~ O? It# #16&Sb JtI~OLUTIOIJ 91-726 FROVIDINQ FOR ASSESSMKNT OF LIEN FOR THE COST OF ABATIMErF O~ P~BLIC NUISANCE OH LOT 11, BLOCK 300, OF MARCO BEACH UNIT EI~HTf L&R3~Y D. Alii) JOY D. ANDKRSON Page 55 October 22, 1991 FOR ASS~S~!~Ff OF LIKN FOR TR~ COST OF ~[~'IS~ O~ K,OT 4, B~i)C~ 34, NAFLES PAR~, UNIT NO. A~G~LOFF, C/O ~ R~I~OII 91-726 PROVIDING FOR ~SE$SIi~I~ OF LIEN FOR TH~ COST OF Jk~&I~M~N~ O~ Pq~BLIC EUISJ~C~ ON ~ 5, BIX)CK 418, N&RCO B~&CR UNIT NO. T~I,R'IIX~f $&LV&TORE AND ROSEANN CASTELL! AND VINCENT 3. BARRA Item ~16~ See Pages P.~OLOTICNI 91-729 PROVIDING FOR ASSeSSmENT OF LIEN FOR THE COST OF Jk~&T~E~IIT OF PUBLIC NUISANCE ON lOT 29, BLOCK 210, UNIT 6 PART 1, GOLDEN G&T~, RU~..,L AI[D DORIS DEII~AULT See Pages ~/~' Item ~l~&~f ]I~4)~M~X~ gl--?SO PItOVXDX]IG FOR ASSESSIlENT OF LIEN FOR THE COST OF &~lklm~llT OF INFBI, XC ~UXS&NCE ON TOT 25, BLOCK 189, UNIT 6 PART --, ~ ~&l~, D&VXD &. ELDRIDGE , ]l~l~l~O~l 91-~61PROV/DING FOR ASS~S~]r~ OF LIEN FOR TH~ CO~T OF Jk~&~ O~e IN~BLIC NUISJkIIC~ Oil ~ 10, BLOC~ 319, N&RCO BIUkCH UNIT !3, RICHANi) W. IPIKLD See P.ges .2 0-/ R.E.~)~ION 91-?S2 PROVIDING FOR ARSRSSPI~NT OF LIEN FOR JLB&~ OF P~.,IC NOIS&RCE ON LOT 2 OF BLOCK 6 0~' SO, DIVISION, C"B. Jk!~.~ ~ EELKN FR. ARX/,IN It# Jill ~ION 91-?~ PROVIDING FOR ASSESSMenT O~ LIEN FOR TH~ COST OF Jk~lk~rE OF IN~BI, IC NUIS&NC~ ON L(Yl~ 12 ~RD 13, BLOC~ 185, GOLDEN G&TE Oil'iT NO. 6, DJ~I/~L GL~I~ION A~D ES/~LLE 3. BELVERIO FOR J~S~SI~:~f OF ~IEN FOR ~ CC~3T OF ~IS~ ON ~ 32, B~ 7, N~L~S ~OR Page 5 6 October 22, ~991 R~OLOTIO{{ 91-735 F{I~VIDI~G FOR ASS~SSML~T OF LZL~W FOR THE COST OF A~AT~]IT OF FO~LIC NUZEAiIC~ ON L(Yf 26, BLO~( 109 OF MARCO BF~CH, U~IT ~, NARIA LOZ~A LUTTEROTH See Pages ~0~ 01-736 FIt0VIDII6 FOR ~SE$SM~FI OF LI~N FOR ~ COST OF ~T]~Ff OF FO~I, XC ~UIS~ ON LOT 7, BLOCK 135, GOLD~R GAT~, UNIT 4, ~ R. ~ ~ EV~LY~ C. ORTEGA See Pa es B:E~:)M)I~O~ 91-737 PROV2D:!:i~O ~ a~$~s~i~cir~ OF LI~ FOR Tire COST OF ~m~~ O~ PV~.XC mvzsa~m~ ON ~r 4~o, ~'ALM RXV~R ESTaTeS, ONX? See Pages !~OLOTIO~ 01-738 PROVXDI~ IK)R USL~[EI(T OF LIKN FOR TH~ COST OF l~11'lll!~ OF l~0~I, IC IIUISIIIC~ ON rOT 22, BLOCK 173, UNIT 5 PART --, 00~:~' OAT'~ ~ YAR. EM~O~ Iq~O~ JL.~D '~01q~ BALDAUF See Pages Item ~16B1 Itm ~1SB2 ~ EET#ED COLLIER COUFIT, A POLITICAL UTILIZATI0~ O, .73 ACRES OF LAND AT THE SOLE I~IRPO~E OF STORING OPERABLE AIRCRAFT 1311L'l~I~OIIOFTHI BlOTICE OF FROMISE TO PAY AND AGR~ERT TO ~ PA~ ~ ~ ~A~ ~ B~ ff~ L. S~~S, ~USTKK, ~ ~ ~ 0F ~ c~IsSlo~ OF COLLI~ COif ~ORIDA oo().-.: 1.04 Page 57 October 22, 1991 P&TMBIrT O~ ~ IMPA~T ~ BFFMKKN MARRK]I r.. SEAGRAVIS, TRUSTKK, AND THI BOAI~ OF COUIITT ~SSTOR~:I~ OF COLLIKlq couJrf~ FTA)RIDA lteu ~16D3 ~[~'q~flO~ OF T~ ~[OTIC~ OF PRo,risE TO PAY AND A~~ TO ~ PA~ ~ ~ ~A~ ~ ~ ~ G. DAVIS ~ CRI~ L~ L~, I ~IDA LI~ P~IP, ~ ~ ~D 0F CO~ ~~I~ OF ~LLI~ COif ~RIDA ~Z~'UTIO~ OF & ~T&TUTORT DEED CONVEYING THE INTEI~ST PREVIOUSLY ~M~I~ ~l& DOI~TION WHICH IS NO Z,ONG~R DKENED NECESSARY FOR COl~T, rflOg OF ~ Pl]~ RIDG~ PRO3~CT BID i~. 91-1TT9, ~ CL/JUIING 01~]UtTIOll3 ON MARCO ISI, UID, AMARDKD TO ~ J. ~ ~ HOl~ - IN TI~ Agcmlrf or ~¢o,8oo BID ~o. 01-1776 FOR BKlqM MAINTKMAMCH FOR THE PKLICAM BAY SKRVICHS DZVXSIOII ~ TO CASH LAMM CARE - IN THE AMOUMT 0r ~10,400 BXD ~O. 91-1777 FOR UTILITY BXT~ I~UtXIrI~31ARCH FOR THE P~LICAR BAY · Klt~ICl~ DZVZSXOF &MARD~D TO CASH LAWH C&RE - IN THK M~UNT OF ~29~000 BID ~O. 91-1781 FOR THE REHABILITATION OF THREE (3) CHLORINATORS AND TH~ ~ OF T~O (2) VACUUN REGULATOR SWITCHOVER UNITS AND TWO (2) G~8 L~&K ~ FOR USE AT ~HK P~LICAN BAY SERVICES DIVISION ~TKR T~&I~q~NT FACILITIES AMARDED TO MATER TREAT!~rNT & CONTROLS CO~P~ - IN T~ ~OUNT OF ~15f030 Ita ~16N6 BXD NO. 91--1786, LKLY GOLF ESTATES MEDIAN MAINTENANCE, AMARDED TO RJ~*$ ~OD - XM All I:~TZMATKD AJFMUAL AMou3rT OF $22,281 Xt~m ~l~B'/ ~ to ~8H3 lt~#lSJ1 SITISYlCTIO!I OF Lllll FOR SKR3~Ib"~KS OF THE PUBLIC DEFENDER 1.95 October 22, 1991 [WI~'~%~ (:K~[~PO~DK~[C~ - FILED AIWD/OR RKFERRKD The following miscellaneous correspondence was filed and/or referred to the various departments as indicated below: 1. Letter dated September 20, 1991, to Sheriff Hunter and Commissioner Goodnight, from Virgil L. Choate, Correctional Officer Inspector II, Department of Corrections, enclosing Inspection Report dated September 11, 1991. Copies to BCC, Nell Dorrill, and flied. Letter dated September 20, 1991, to Sheriff Hunter and Commissioner Goodnight, from Virgil L. Choate, Correctional Officer Inspector II, Department of Corrections, enclosing Inspection Report dated September 12, 1991. Copies to BCC, Nell Dorrtl], and filed. Letter dated October 8, 1991, to Chairperson, BCC, from Trudle D. Bell, Environmental Supervisor, Wetland Resource Regulation, Department of Environmental Regulation, re: application for dredge and ftll activities, File 112032389, City of Naples. Copies to Frank Brutt, Harry Huber, and filed. Letter dated October 2, 1991, to Commissioner Goodnight from Guy Carlton, Tax Collector, re: summary of tax certificates held in the name of the County. Copy to 3ohn Yonkosky, and filed. 5. Minutes Received and Filed: Pelican Bay MSTU/BU Advisory Committee Minutes of October 2, 1991. Collier County Planning Commission Agenda for October 17, 1991, and Minutes of August 15, 1991. Notice to O~rner dated October 7, 1991, to Collier County from Lightning Protection Systems, Inc., under an order given by Wm. Roberts Electric, for lightning protection system at three park shelters: Immokalee, East Naples and North Naples. Copies to Nell Dorrtll, John Yonkosky, Steve Camell, and filed. 9o Notice to (Y,~ner dated October 7, 1991, to BCC from Florida Mining & Materials, under an order given by The Crom Cor- poration, for ready-mix concrete, block and related building materials, for Water Treatment/Crom Corp Bid ~91-1699, Cartca Road Tank & Repump Fact]try. Copies to Net] Dotrill, Steve Camell, John Yonkosky, and filed. Preliminary Notice to Owner dated October 9, 1991, to BCC from Hughes Supply Inc., under an order given by Polokoff Electric, for electrical/const & genera] building materials, for East Golden Gate Wellfield Expansion. Copies to John Yonkosky, Steve Carne]l, and filed. Notice to Owner dated October 3, 1991, to BCC from Bonita Limestone Trans, Inc., under an order given by Manares Underground, Inc., for materials, dump truck and equipment services, for Radio Road, C.R. 856, four-]anlng improvements: Phase One: Contract I, County Project No. 65032 County Bid Page 59 October 22, 1991 No. 91-1717. Copies to John Yonkosky, Steve Camell, and flied, 10. Notice to Owner dated October 9, 1991, to BCC from Gulfstream $.W. Florida, under an order given by Wades Heating & Cooling, Inc., for mechanical equipment, for East Naples Con.unity Center. Copies to Steve Carnell, John Yonkosky, and filed. 11. Notice to Owner dated October 9, 1991, to BCC from Gulfstream S.W. Florida, under an order given by Wades Heating & Cooling, Inc., for mechanical equipment, for North Naples Couuntty Center. Copies to Steve Camell, John Yonkosky, and filed. 12. Letter dated October 10, 1991, to BCC from Abe Skinner, Collier County Property Appraiser, enclosing Property Appraiser's Annual Reports, with the exception of Form LFG-4, for the year ended September 30, 1991. 13. Letter dated October 10, 1991, to Commissioner Goodnight from James D. ¥ager, Interim Deputy Executive Director, South Florida Water Management District, enclosing copy of Resolution No. 91-38, "Adoption of Budget for Fiscal Year 1991-92'. Copies to BCC, Nell Dotrill, John Yonkosky, and filed. 14. Dated September 27, 1991, from United States District Court, Middle District of Florida, Fort Myers Division, Motion for Leave to Amend Memorandum In Opposition to Defendant's Motion to Dismiss Counts V and VI of the Amended Complaint, re: Case No. 89-246-CIV-FT~-I?(A), Mathias L. Tart, et al., rs. Collier County, et al. Copies to Nell Dotrill, Ken Cuyler, and flied. TRA,JffS'FER OF' TJLJJqIXBLE P'KRSONAL PROPERTY PURCHASED BY FUND 301 I~IRING F3'B: g/30/gl FOR TH~ BKJJKFXT OF THE SHERI!f7 TO THE SHERIF'IP'S CUSTODY There being no further business for the Good of th~ County, the meeting was adjourned by Order of the Chair - Time: 6:15 P.M. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL Th~''~,i~utes approved by the Board on PATRICIA ANNE GOODNIGHT, CHAIRMAN March 3. 1992 as presented X or as corrected 197 Page 60