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BCC Minutes 08/20/1991 R Naples, Flo]-ida, August 20, 1991 LET IT BE REMEMBERED, that the Board of Counl:y Commissioners In "and for the County of Collier, and also acting as the Board of Zoning ~eals and as the governing board(s) of such spe(:tal districts as have been created according to law and having condlucted business herein, met on this dat.e at 9:00 A.M. in REGULAR S;ESSION In Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Patricia Anne Goodnight VICE-CHAIRMAN: Michael J. Volpe Richard S. Shanahah Max A. Hasse, Jr. Burr L. Saunders ALSO PRESENT: James C. Giles, Clerk; Wanda A~rlght and Ellie ~offman, Deputy Clerks; Nell Dotrill, County Manag,_~r; Tom O1]tff, Assistant to the County Manager; Ken Cuyler, County Attorney; Brenda 'Wilson, Assistant County Attorney; Martha Howell, Assistant County Attorney; George Archibald, Transportation Services Administrator; Prank Brutt, Community Development Services Administrator; William ~.orenz, Environmental Services Administrator; Fred Bloetscher, Assistant Ut:[ltttes Administrator; Ken Baginski, Planning Services Manager; Bryan Milk, Philip Schell, Barbara Cacchioae, and Wayne .A~nold, Planners; Sue Ftlson, Administrative Assistant to the Board; ~.i and Lieutenant Kevin Nelson, Shertff's Office. Page 1 August 20, 1991 CONSENT AGENI)A - APPROVED WITH CHANGES C~mlle,~oner Shanahim moved, seconded by Commissioner Hases and carried unanimously, thl~t the &genda and consent agenda be approved w~th the following chang'es: Item #9A1 - Recommendation that the Collier County Board of County Commissioners uphold the interpretation that commer- cial fezone requests within the future activity center are inconsistent with the Growth Management Plan - Continued to 9/17/91. Item #10A - Emergency ordinance amending Collier County Ordinance 90-43 by amending Section 123 to state intent of the Board as to the effective date - Add. (Requested by Cou. nty Attorney). Item #16A3 - Re,:ommendation to approve for recording the final plant of "Palmetto Ridge" and grant preliminary accep- tance of the roadway, drainage, water and sewer improvements - Continued to 8/27/91. (Requested by Staff). Item #16A5 - Approval for County Staff to commence performing new construction fire inspections in the Immokalee Fire District - Withdrawn. Item #16H2 - Recommendation that the Boa]~d of County Commissioners approve the contract negotl[ated with Gee & Jensen, Engineers-Architects-Planners, Inc. for professional services for Conklin Point Boat Launch Facility - Continued, date to be dete:~mined. (Requested by Staff). :~NS~T,AGENDA - APPROVED A~D/OR ADOPTED The motion for approval of the Consent Agenda is noted under Item - APPROVE]) The motion for approval of the Clerk's Report are noted under Items #11A1 and #11A2. OF ~ R~GULAR MEETING OF JUNE 25, 1991 AND THE BUDGET JUN~ 26 1991 - AS PRESENTED Co~m~eeloner Shaman ~oved, seconded by Co~lesioner Hax~e c~r~ ~i~lT, t~t the minutes of the re~lar meeting of 25, ~991 ~ t~ ~d~et Work~hop of J~e 26, 1991 ~ appr~ed ae pre- P~ge August 20, 1991 ~C~TTIIICAT~8 OF RECOGJ[ITION PRESE~ED TO THE R.S.V.P. VOLUNTEERS, ~tlCHARD EILLI~ C~L ~L ~ ,TE~Y DEGE~R0 Commissioner Saunders presented to Richard Killian and Carl Memme[~ (Jerry Degennero unable to attend) on behalf of the National Assoc~ation of Counties, certificates recognlz~ng ~helr service to Collier AMA~RDS - PRESENTED Commissioner Volpe presented services awards to the following Collier County employees: Phyllis P. Dupree - Llbrary/Immokalee Branch - 15 years Kenneth B. Cuyler - County Attorney - 10 years APPRECIATION PRESENTED TO TIFFANY H~,FF FOR HER PART Commissioner Goodnight presented to Tiffany Hunt a Certificate of Appreciation for her part in Desert Storm. PaL e 3 August 20, 1991 ~:[I~TITION A-91-5, DONALD A. PICKWORTH HEPR~SENTING ROYAL MA~CO D~V~LOI~[T~ AND PLYMOUTH REALTY, REQUESTING AN ADMINISTNATIVE APPF. AL OF THH PK~i/~NING/ZONIN~] DIRECTOR'S DECISION THAT THE RESALE OF FROPEI~TIES A~ DWELLING UNITS IS NOT PERMISSIBLE UNDER A TEMPORARY USE PEI~M~T FOR A SALES OFFICE - ZONING DIRECTOR'S DECISION UPHELD WITH · NFOR~EMENT J~BATED; STAFF DIRECTED TO PROVIDE AMENDMENT TO ORDINANCE 82-2 FOR CLARIFICATION Legal not:ice having been published in the Naples Daily News on July ?, 1991, as evidenced by Affidavit of Publication filed with the Glerk, public: hearing was opened to consider Petition A-91-5 filed by i!iAttorne¥ Donald A. Pickworth, representing Royal Marco Developments ~..and Plymouth Realty, :requesting an Administrative Appeal of the ~!~i~'i:Planntng/Zontng Director's decision, that the resale of properties and dwelling units is not permissible under a temporary use permit for a sales office for property located at 403 Gatehouse Court, Hideaway ~each Entrance, Lot 3, Marco Island, Florida. Community Development Administrator Brutt stated that the subject petition appeals the Planning/Zoning Director's decision, and he ape- ctflcally pointed out that the Zoning Ordinance 82.-2, Section 10.06, provides that temporary sales offices may be established for several &cttvtttes including the sale of the units which a~:e being constructed a particular site. He explained that the petit:loners interpreta- '/itton of the ordinance would allow the units under construction and the :i':.iresale units to be sold. However, he commented that the Planning/Zoning Director interpreted the ordinance to allow the :.'establishment of a sales office to be used for the sale of new %structton, but not as a continuous commercial operation in a rest- ~:/'denttal zone for the resale of units. He added that the temporary .sales office in question has been used as such for seven years, no'ting there are units under construction at this site validating the !i'...use of the sales office for this purpose, but not for any resale ?~. 111~ts. He advised that the County Attorney has reviewed this petl- Co~m~seloner Volpe pointed out that the subject petition Is not a ~qlle sltuatton and added that the resale of units in a particular Page 4 !'i ]~ August 20, 199] ~roJect serves to promote the project; however, once the project ]s ].bt~ilt-out, the sales office temporary permit should not be extended. He remarked that the interpretation as to what the ordinance allows seems to be vague. He suggested that there should be some mechanism made available in the ordinance for a developer of a specific project to use a site not only to sell the new product but also for resale of :he same project. Mr. Brutt agreed with Commissioner Volpe's suggestion; however, in [!']'~his instance he asserted that the Board uphold the Zoning Director's decision. Commissioner $ham~han cited his concern to 1~ that the ordinance 'does not clearly state that a sales office for a specific project can '."or cannot handle resa~[es and agreed that the ordinance should be amended for this clar;ification. In response to Conmissioner Saunders, Mr. Pick:worth, representing Royal Marco Developments and Plymouth Realty, affirmed that the sub- i~Ject sales office .Is only used to sell units for the Hideaway Beach deve 1 opmen t. After some discussion, Commissioner Volpe recommended that the ~issue of whether a developer would be allowed to use the same sales office for two separate projects that are located across the street from or next to each other should be addressed by the ordinance Jack Miller, President of Plymouth Realty, informed that the pri- mary purpose of the subject sales office is to sell the new product; however, for the convenience of the customer that is looking to buy in :Hideaway Beach but needs immediate occupancy, they will provide infor- '~i'~'~ation on the resale units available. He acknowledged that the sub- ~ect sales site was promoting another project until Code Enforcement brought it to their attention that they were in viiclarion of the tem- ~orar~ permit, at which time they ceased the other promotion. ~';!i Mr. Brutt confirmed that the complaint against this sales office :iwas filed with the County during the time they were promoting another project. Page 5 August 20, 1991 County Attorney Cuyler outlined the options available to the Board upholding the Zoning Director's decision and enforcement as interpreted, upholdin9 the Zoning D.irector's dec~[sion and debate ~.~anforcement at a public hearing, or overturning the Zoning Director's '~?dectston. Co~mtsstoner Volpe moved, seconded by CoulslJloner Sh~n~h~n and ceritd unanimously, that the public hearing ~ closed C~tlstoner Vol~ aoved, seconded ~ Coutss~toner S~m and c~t~ ~t~ly, that the Zoning Director's decision ~ upheld ~t ~te t~e enforcement of it for this project ~d ~y stsller pro- ~ts t~ghout the co~tty, ~d direct staff to provide ~n a~end- '~t tO t~ ordi~ce addressing the Issues regarding ~ tenorsty al~ ~att for resolves within in ~ project. Co~lssloner Volpe provided specific direction to staff regarding the ~endment requested, ateting tha~ he ~ould like staff to look into the t~es oi activities such as sales, resales and rentals. He requested staff to revie~ and address ~he architectural control of the sales office as ~ell as projects with the same developer being able to promote another pro,eel: from a dtfferen~ sales office site. He added that the issue of "at ~hat point is build-out" needs ~o be addressed, and th~ use of the temporary sales office should be tied to the pro- s phased schedule. '~:PHTZTIO~ PU-91-3, MARK LANOUREUX, REPRESENTING FLORIDA CELLULAR RSA, LI~D. P~!t.~ REqUeSTING A PROVISIONAL USE "b" OF SECTION 8.10 (ESSENTIAL H~C~) OF THE ]~-ESTATKS ZONING DISTRICT TO ALL(~ A CONNUNICATION T~ APPROXIMATEly 660 FEET SOUTH OF THE BIG CO~[SCREW ISLAND FIRE CONTIrOL AND RESCUll DISTRICT FIRE HOUSE NO. 2 - COI~INUED TO 9/10/91, ~TAFF DIRECTED TO NOTIFY ADJACENT PROPERTY OWNERS Planner Milk noted that Petition PU-91-3 was contlnued by the Board on July 20, 1991 to allow the applicant to negotiate with the Big Corkscrew Island Fi~e Control and Rescue District, and it was again continued on August 6, 1991 to complete thef~e negotiations. He advised that the applicant and his representatives: are available today answer any questions. Pa~e 6 August 20, 1991 In response to Commissioner Hasse, Bruce And~.~rson, representing the applicant, confirmed that the petitioner did meet with the Fire Gontrol District; however, the issue was not resolved. Frank Heaton with Cellular One confirmed that he did meet with the Big Corkscrew. Island Fire Control and Rescue District and submitted to them a proposed lease agreement. He advised that: at a later meeting . . on August 13, 1991, the Fire District proposed changes to the language in the financial terms which would provide a leas..e of $300 per month for five years w.ith an increase of $500 annually every five years thereafter, adding $405,000 to a 99 year term. He Informed that ~'.' another change requested by the Fire District was in regards to ~he one time lump su~ offer In l~eu of monthly payments of $20,000 which they increased t(, $40,000. He explained that his counter offer pre- sented to the Fire District on August ~4, 199~, involves increasing · the l$fe time pa~ou~ by $75,000 over 100 years or offering a one tl~e 'lump sum of $25,000. He asserted that his original lease negotiation ~w~th the Fire District of $2700 per year was done In the best of faith ~d represented ~ good market value for the use of their property; however, he added that although he has tried to accommodate the Fire Dlstr~cts requests, it appears that they do not wish to accept his :~'lease under any terms. He declared that at ~his time he woult like to ~ move forward with Petition PU-91-3 and the location cited therein. In response to Commissioner Hasse, Mr. Heaton commented that con- ~>..sideration was given to the fair Grounds as a possible s~te for the .,~:~ower; however, a new FAA authorization would have to be acquired which would take a minimum of 90 days which would delay provision of service to the area. He remarked that another problem is that there ~':>'~s no assurance that there will be a successful negotiation wl~h the Co~ty or a provisional use Granted to allow the tower to be built. j He pointed out that ther,~ wlll always be objections to a proposed tower, however, there are more people requesting an expanded service. Co~lssloner Volpe commented that when th~s item was cont.tnued, :~ was wfth the intention of allowing time for a successful neGo- Page ? August 20, 199! between 'the petitioner and the Fire District, but since this ~!~was not acquired the proposed location needs to be reviewed. !'~ Commissioner Saunders requested that Mr. Slebold with the Big .~Corkscrew Island Fire Control and Rescue District present his comments regarding the proposed negotiations. Mr. Sisbold z'etterated the proposed lease agreement which Mr. Heaton explained earlier. He indicated that the Fire District would like to negotiate a successful agreement with the petitioner. Commissioner Volpe questioned if an acceptable lease agreement was worked out between the two parties, would a provisional use st/]/ be reqllired to construct the tower on the Fire District property. County Attorney Cuyler replied that if the Board accepts an amend- .-ment at this time to the petitioners application for the tower to be built at this site, he would agree to the conditions. Commissioner Saunders remarked that after reviewing the initial ,.proposal made by Mr. Heaton to the Fire District and what the Fire District is proposing, it appears that Mr. Heaton has been made a comparable financial agreement from the Fire District. He suggested %lithat Mr. Heaton reconsider the offer, In direct response to Commissioner Volpe, Mr. Heaton stated that 'he did not wish to negotiate any further with the Fire Distract. Co~issioner Volpe expressed has concern that the adjoining pro- ~ii perry owners have not hsd proper notification rega~dlng the proposed ~ ~ location in the petition since it was assumed at the previous meeting ~i:~ that an agreement would be made to place the tower on the Fire District property. He recommended that this petite{on be continued ~ntil the notification kas been made to which Commissioner Hasse con- cuffed. Mr. Milk confirmed that notification to the adjoining pro- perry owners has not been made. In response to the discussion regarding the possibility of placing the communications towez' on the fair grounds, Mr. Lamoureux assessed >,that there would be more people opposed to the fair grounds than to site proposed in th~ petition. Page 8 August 20, 199! ~:;'~ ~Aon~r Volpe moved, seconded by Co~-iesloner Hasse and .edmuant~ou~l¥, t:aat Petition PU-91-3 be continued until !....'.. ~tenm!~r 100 199.1, to allow staff tima to notify t:he residence within ,'. S00 f~t of th~ p~ropo~ed site. Planner Milk pointed out that :if the proposed Tower Ordinance. Is adopted by the Board before the reheating of this p,:tltlon, ~taff will ~."~ihave to teassees their recommendation as proposed in the Rxecutlve Summary ' dated for August 20, 1991. '/!tW~U~T FOR A REH~LRINit OF THE EI4XItALD LAKES PUD A]~~ BY MR. C. :~ ~:~ ~.,~ - STAFF DIRECTED TO READVERTISE FOR P~NDXNG PARKING County Attorney Cuyler pointed out that this item Is a request for a reheating and should have been placed on the agenda under the Board .i<of County Commissioners and is not a public petition to be heard at this time. Community Dew~lopment Administrator Brutt concurred that this is a request for a reh~aring. · ~ Kathleen Passidomo, representing Levitt Homes at Emerald Lakes, stated that Petition PUD-86-17(1) was heard before the Board of County Commissioners on July 30, 1991. After providing a ba,:kground of the PUD, she explained that the request to reheat this petition is a result of the requirement stipulated at the July 30, 1991, hearing ra~arding parking. She advised that the original PUD required 2 parking space for single family units and ~-1/2 spaces for multi- fal~lly unit~; however, at the July 30, 1991, hearing a requiremen~ of 2 parking spaces per unit was Issued. She related that with Phase 2 complete and preparing to close and with the Infrastructure already in i~:.place as well as some of the construction for the units started In ,Phase 3 and 4 it is impossible to provide for the full 4equtrement of 2 spaces per unit In these multi-family phases; however, in Phase 5 the engineer for the project found that 50 additional parking spaces She noted that they would could be placed along Tennis Court Lane. 15 Page 9 August 20, ~99! lke to offer these spaces as a solution to the problem and added that iJth~s parking would be grass spaces. She concluded that the reheating would be to delete ~he stipulation of requiring 2 parking spaces per ?~%lnit as approved in the PUD amendment and accepting the 50 grassed parking spaces in Phase 5. Commissioner Saunders and Commissioner Hasse commented that they thought that the original PUD provided for 1-1/2 parking spaces per ,:.~:tl~t w~th an additional 1/2 space in landscaping for both single and ~llti-family units; therefore suggested that this issue be reheard. County Attorney Cuyler informed that if the Board is contemplating changing the amendment back to the original PUD, advertisement for a i...public hearing needs to be made. O~d~loller Saundors ~ved, seconded by Co~lseloner Vol~ ~d ~~ ~l~ly, to direct staff to remdver~lse ~8~-17(1) with ~ ~t~tlml of c~ng:ing the parking re~lrement t~ck to the original In response to Ms. Passldomo, County Attorney Cuyler stated that will talk to staff and allow the project to continue in the one ~ area where construction is completed and preparatic.ns have been made .' to close. t~ D~ Clerk Hoff~ raplaced ~puty Clerk Arrlghl ~ ~~TXONS TO EST~LISH CRITERIA FOR D~WIN~ ~ CO~ISSION DI~ ~IES - ~O~D; ~DITIONAL CRITERIA TO BE USED TO C~A~ ~ ~ISOR OF ELECTIONS ~ THE SCH~L Community Development Services Administrator Brutt requested direction from the Commission regarding criteria to be used in astablishing the new boundaries for the five Commission districts in the redistricting process. He advised that information has been received from the U.S. Census that there will be no adjustment in the 1990 figures. He no'ted that preliminary counts hay,.- been received, 'but the final counts will be received at a later date. Ml'. Brutt explained that in preparation for the redistricting ?. I~pS, there are thre~: criteria which staff believes to be essential: August 20, 1991 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 Commisstoner's residence muet be in his or her current district. In response to Commissioner Volpe, County Mana!]er Dotrill replied ,>~,that the work will be maximized in-house as opposed to hiring a con- · llt&nt. Commission~r Shanahen suggested that public meetings be held in .various locations throughout the County to obtain :input as to the final restructuring of the districts and inquire a~ to whether the School Board 'would concur to drawing the same kind,,~ of lines. County Attorney Cuyler advised that Supervisor of Elections Morgan ~?, requested that a letter from Gerald McKenzie, President NAACP, be entered into the reco]rd He noted that his letter supports community ,~nput. : There were no speakers. ~~nl~ Sl~ders ~oved, eeconded by Co~s~l~oner Hasle :~:~~ ~~1~', 1:o approve the criteria t~ t~ ~ cloee coordination with the Supe~ts~r of Elections w~th r~ ~o =~o~ndations relating to public Input; ~d that offor~s ','~ ~ to courdi~te w~th the School ~ard. ~ZC ~IN'G ~S ~R ~ION OF TNE COLLIER CO~ ~ CODE - ~LIc ~IXG DATES SET FOR OCTOBER l~ ~ 30, Community Development Services Admlntstrator Brutt requested that the Commission estab'[tsh two evening public hearing dates for adoption of the Collier County Land Development Code. He re~ealed that staff ~reviouely proposed that the first public hearing be held on October i!hl~, ~99! and the second public hearing be held on October 30, 1991 at .~5:05 P.M. · ~l~t~t©~r S~mndsrl moved, seconded by Co~le~oner Shanahah and ~~1~,, t~t ~he ~blic hearing da~e~ for ~pt~on of the ~ ~~ C~e ~ ~et for Octo~r 16 ~d 30, 1991, a~ 5:05 P.M. i7 Page August 20, 19g~ i~;Y,l~ ~ RI~HT.-OF-WAY STATUS WITH HECOMM~NDATION FOR '&~'~Sl"FION OF T~O O~rSTANDiNG PARCELS ON THE EAST-W~ST ROADWAY - ~'' ~T~I~~TION~ APPROVED: STAFF TO DISCUSS NI~ ~OP~ ~RS ~I~ ~ ~COU~ COSTS FOR ACQUISITION OF THE '~O P~CELS Transportation Se]~vices Administrator Archibald explained that this ~tem ts a status report with respect to the aecessary rtQht-of- way for L~vlngston Road. Mr. Archibald stated that the pro3ect ~nvolve~ a north/south road ~'"se~ent, approximately 3.5 miles in length that ties to~ether Immokalee Road in Collier County and Bonita Beach Road ~n Lee County. He ~nd~cated that the~'e is an east/west segment w.hlch runs from Old U.S. 41 to 1-75 which is located two miles north of Immokalee Road and ~o m~les south of Bonita Beach Road. He reported that staff has ' ~dentif~ed a corr~do~ of 275' ~n w~dth, running north and south and a corridor w~dth of 175' running east/west. He indicated that this }~., an extremely wlde ~tght-of-way but the purpose is to provide for the two laned ~mprovements that the property owners in the area a~e ',,re~estin~ in addition to acquir~ng sufficient r~ht-of-way for the s~x lane expansion in the future. Mr. Archibald advised that modeling efforts have ~dentified that 'L~vinQston Road will be the only corridor that will extend from I~okalee Road into Lee County and tie into their road network. He ~'~po~nted out that this roadway will serve the traffic movements within ~?the urb~ area of Collier County since it ~s dest~ned to run through to Davis Boulevard. Mr. Archibald referred to a map depicting the north/south merit beginning at Immokalee Road and tying into Bonita Beach Road and the east/west segnent running from Old U.S. 4~ to 1-76. He pointed /'. ~t the areas that have been donated or acquired by Coll~eF County. '~e explained that staff has acquired a series of :~mal] parcels nox'th . ~of I~okalee Road, noting that 1.6 miles to the n.3rth ~s an "S" curve ~.,~-'.~d staff ha~ shyed away from acqutsit~on acttv~ties due to env~ron- mental permitting. He announced that hopefully b~ the end of Au~st, Page August 20, ~991 ~itten cor].-espondence will be received from all the agencies so that ii.i{the cost of perm.itting will be known and brought back to the property i~. owners. Mr, Archibald advised that two parcels are subject to eminent /[domain action relative to an order of taking. He stated that staff has the opportunity to obtain two of the last four parcels in the east/west section which will enable two lanes of roadway to be constructed in the immediate future and the ability to construct four lanes of roadway at a later point in time. He indicated that the option to be considered is whether the two parcels should be acquired {ii::between the right-of-way where the total property has been acquired :and the railroad right-of-way. Conunlssioner Volpe ]remarked that he has concerns with respect to 'expanding any additional monies until a final determination has been since there is no source of funds other than the bond proceeds. Go~unissloner Saunde]~s questioned whether Mr. Archibald believes that the east/west segment of the roadway and the "L" shaped segment from the east/west roadway up to Bonita Beach Road should be ~ constructed if the north/south segment at the S-c',~rve is not !.. constructed. Mr. Archibald replied in the affirmative, nottpg that there are a number of developments in the area and there are .~ains to be considered with even partial acquisition at this point in time Mr. Rick Miller, representing National Develo].~ment, one of the [.land owners along the p]~oposed east/west roadway, voiced concern relating to the lack of progress on the permittin!] of the entire ~Livingston Road proJect~ He advised that his project is located on · 500 acres at the northwest corner of the north/south, east/west 'ae~ents of Livingston. He ind~cated that access is needed to his i'proJect and encouraged the Commission to acquire 'the two parcels ~n qnaestion through the eminent domain process. He explained that ~f the MSTU is demolished and permitt~ng cannot be obtained, some type of .:~mrran~ements will need to be made for access to h:[s property. He [-,:s~.I/~ested that possibly a private source of funding would need to be i9 Page 13 August 20, ~99! u~A ! !zed. Co~mis~ioner Volpe questioned whether Mr Miller's firm would be willing to reimburse the County, if montes are advanced for this road- way project. Mr. Miller replied that he would gave consideration to In response to commissioner Volpe, Assistant Utilities Administrator Bloetscher explained that staff is attempting to fina- lize an agreement with the developer on the north end of Old U.S. 41 to bring the 16" line f]~om their development to tie into the future ~?'proJect. Mr. Miller affirmed that it is his ftrm's intention, and at their expense, to extend the water line from where it currently exists on U.S. 41 to 'the east/west segment of the roadway project. The persons listed below spoke in opposition to the Livingston Road Project citing the following: concern regarding why the issue of the two parcels and the eminent domain proceedings was not on the agenda of August 6, 1991; appears that a small group of people with special interests are desiring the project but the impact of same will have a greater level of impact than the level of taxation; there is no need for the project considering the amount of money that wi~,l be expended; concerns questioning where the money for funding will come from; there will be a tremendous burden on the taxpayers; money should not be spent if it is not in the bank; the developers should provide the funding for the roadway: Gilbert Erllchman Fred Tarrant, Jr. Frances Batch Mr. Donald Perry, resident of Landmark Estate~, announced that he has previously appeared before the Commission to encourage construc- tion of this project. He. reported that the east/west corrido~ would 'affect the residents of his community with regard to ingress/egress. He noted tha't approvals have been given for the Livingston Road Country Club with 407 single-family dwellings and a golf course; Arbor Lake Club with 246 apartments, 20~ of which wl]] be affordable Page 14 August 20, 199! housing; Cypress Head Development, with 500 multi-family, 200 single- ~ dwellings and an 18 hole golf course; Meadowbrook Estates which abuts the intersection of Old 41 and the east/west Livingston Road corridor; and the Dynab.el project proposes 350-400 units on the east/west corridor, next to the Livingston Road Country Club. He noted that the Country Club has one access on the east/west corridor. ~(~..He stated if the Country Club is built without th,.· roadway segment from Old 41 'to U.S. 41, would this result in an absolutely horrendous affect on the residents of Landmark Estates in terms of Ingress/egress. He advised that there has already' been one fatality and 15-20 accidents in this area. He urged the Commission to construct the east/west corridor, and to continue with condemnation ~.~.proceedings and to consider the extension of the east/west corridor from Old 41 ~O New 41. ¢~i~r Saunde:rs moved, seconded by Co~t~sioner Shanahah to ~ t~e re¢o~mendation of staff; and that staff discuss with the p~-t~ ~wne~rs a mechanism to recoup the costs for the acquisition of the ~ parcels. Commissioner VoTpe questioned whether the representative from the !ix Livingston Road Country Club would be willing to state for tae record, commitment with respect to reimbursement. He advised that Fund 313 is currently being utilized for other projects and asked if there .', "would be a more appropriate source. County Manager Dorrill explained that the primary funding source ~s Fund 331 which is the North Naples Planning Community Impact Fees and Fund 313 would be used if necessary, to be reimbursed from the '. Assessment District. H~: pointed out that in the ev,.~nt the project does not go forward, the Taxing District is already In place and :~?,.~ggested proposing a mf~llage in this Taxing District next year to [[.recoup all the funds. Mr. Mille]~ stated that approximately one year ago, a development agreement was submitted to the County. He related that this agreement August 20, 1991 ,des that if ~he developer did build the road privately and funded 8he, there would be certain impact fee credits which would flow back to the private entity provided that services were dedicated to the 51 County. Me remarked that he wants to ensure that If the commitment is :11i. made, that the credits, as per the development agreement, would flow '?~baek to the d~veloper. Co~lssio~er Volpe indicated that the County wo~ld be expend~no approximately $220,000 and questioned whether the developer would com- ~'~' ~it to reimbursement in the event that th]s could not be done through ~ the Assessment or TaxinG DistrJct. Mr. Miller advised that he ]~ willing to make that commitment. ~ call for the ~emtIon, the motion carried ~0~I~ 91-526/~-91-4, A~ORIZ~NG ~E ACqUXSXTION OF A P~~ ~LI~ ~~ ON LI~D A~E FOR A S~AGE ~ STATION ~~ ~LIT~ FACILITIES TO SER~ A ~RTXON OF CO~CT Assistant Utlltties Admlntstrator Bloetscher sta'ted that this item is a request for the Commission to adopt a resolutiol~ Jn order for the County to acquire the pump station site through cond~:nmatlon for the East and South Naples Sanitary Sewer Project. · ~al~Wton~ S~derl ~, ~econd~ by Co~111:Lone~ S~~ ~d ~t~ ~i~ly, ~h~t Re.olu~ion 91-526/~S-91-4 ~ ~dopt~. Pep 16 August 20, 3991 91-527, AUTHORIZING THE ACQUISITION O]F A P~E~ ~ILI~ STATION A~ ~T~D ~ILI~ F~CILITI~S TO ~ ~ ~, PI~ RI~E ~ ~ AIRPORT ROJ~ ~ AS P~T OF THE Assistant Utilities Administrator Bloetscher advised that this item is basically the same type request as the p]?evious Item. He tndic&ted that Exhibit "A", as attached to the Resolution is ~ncorrect. He presented Exhibit "A", as revised. ~i~r S~undera ~xved, seconded by Coml~ee~oner Shanaban and ?'.clz'~ted u~i~ou~l¥. that Resolution 91-52? ~ adopted, ~bJect to the '-~'::~ ~btt "1". 27 Page ! ? August 20, BOD~T AM~NDliKNT FOR WATER DISTRIBUTIOI! - APPROVED ft',',' Assistan~ Utilities Administrator Bloetscher explained that there Is an inventory account, within the Water Distribution Budget, that ";acts as an in/out account. He noted that when itelns are ordered and used in the field, monies are transferred from ano'ther account to )lenish the Inventory account. County Manager Dotrill advised that when there is a butldtng per- <.mir for a new mete;~ Installation, the money is received at the time ,the meter is set. He reported that meters are ordered in bulk, to maintain the warehouse inventory. He remarked that authorization is requested to move funds so that the annual bid orders ~y be placed. He indicated that in advance of the time that these are received, they are charged out to various work orders or work pro- ~ecte within the Water Distribution budget only. [:~c~-~~ly, to appr~ the ~dget ~en~nt ~ r~eeted. !{uee moved, seconded by Commissioner Shanaban that ~d~t ~n~ente 91-315 ~d 91-31~ ~ APPOIIITME]IT OF CO~ISSIONERS SHANAHAN, VOLPE AND GOODNIGHT TO THE VIL~ l~ ~OARD; CO!~ISSION~R SAUNDERS TO ~.3ERV~ AS ALTERNATE; ]]~J~RIN~ DATII$ S~H~DULIID FOR 9/26~ 9/27 AND 9/30/91 Admtnts~rative Assistant to the Board Filson requested that three Gounty Commissioners be appointed to serve on the Value Adjustment Board. She noted that tentative hearing dates are set for Thursday, September 26; Friday, September 27; and Monday, September 30. <~?" It~ the cc~eneam of the Comatssion that Commissioners ii~:-.~m~d~, Volpe i~d i~tght ~ ap~tnted to ser~ on the Value NORMAL NOTICE R~QUIREMKNT MAXVEDI ORDXIANCH 91-81 90-43, TOURIST DEVELOPMENT TAX, Page I August 20, 199! County Attorney Cuyler announced that this is an emergency ordi- e. He advised that a hearing was held with regard to the bond ii! validation proceeding and twenty days has been granted relative to ~. the legal issue to submit memorandum. He indicated that the reason this is an emergency item is that there is not sufficient time for advertising. He reguested that the Commission waive the normal notice recruirement and consider this as an emergency ordinance. In response to Commissioner Volpe, County Attorney Cuyler stated · if the ordinance is not considered by the Commission at this time, it ?.. could not be included with the legal research which addresses this type of ordinance. O~ea~to~er $hanal~an ~ed, seconded ~ Co~es~oner Haese and C~A~ ~i~ly, to declare ~ eaergency ~d to waive the nor~l Assistant County Attorney Wilson explained that this ordinance has (/ been prepared in conjunction with the research that has been done. She indicated that a request has been made of the Circuit Court to validate the Tourist Ta~: Bond funds in order for the one cent to be used for a professional sports facility. She advised that during ~he bond valida~ion proceeding, an issue was raised with respect ~o the lye date provision of the ordinance and when it actually became effective. She noted that the ~indings have been set forth in the ordinance to clarify for the Court, the intent of when the ordinance was to take effect. She related that there is al~o a provision setting forth an amendment to the Tourist Tax OrdJ~nance 90-43. Assist~lt Couaty Attorney Wilson called attenl:ion to the Ordinance, Page 1, Section A, which states that Ordinance 90-43 i~ the Tourist T~ Ordinance; Section B establishes that the members of present Co~iesion are the same members who were s~lttAng on the [f~ ~ Co--lesion at the time the Ordinance was adopted; Section C skatef~ that Ordinance 90-43 is tn conformance with F.S. ~25.0104 which if; the Local Option Tourist Development Act; SeCtion D ArtdAcatee that At was ..~.. the intent of the Board of County Commiss~oners that Ordinance 90--43 Page August 20, 199! be in compliance ~lth the Tourist Tax Statute and the enactment proce- 'dure of Section 1:{5.66, Florida Statutes. She noted that the Tourist T~x Ordinance requires that a referendum be held and that an ordinance 'would not be effective until after the referendum was held. She related that Sect:Lon 125.66 requires the filing of any adopted ordi- nances within 10 (lays of their enactment. Ms. Wilson advised that Section E says that Oi'dlnance 90-43 was ;., properly filed within 10 days after adoption; Section F states that an t~on was held, the referendum passed, and the election was held '~ after the filing (~f the Ordinance; Section G advises that the State Attorney's argument is that there is an ambiguity in Ordinance 90-.43, hav~ng to do with the effective date and that a second filing is required after the referendum. She noted that this is a useless act !~:since filing the ordinance the first time within 10 days and having same effective after the referendum has been approved, meets the requlrements of the Statutes and was the intent of the Board of County Commissioners. Assistant County Attorney Wilson pointed out that Section H hes 'that ';his is an Emergency Ordinance that was adopted in q?."order to state the intent of the Board of County Commissioner~ and for the purpose of including same in the memorandum that needs to be filed ..today. i~- Ms. Wilson stated that Section I refers to Sec~;ion 125.0104(6)(c) which is the provision of the Tourist Tax Statute :indicating that any . ordinance l~vying the tax can only take effect after the tax is approved by referendum; Section J paraphrases that the State ~'i.< Attorney's argument would result in requiring a condition precedent of & second filing which is inconsistent with F.S. 125.66 and ~25.0104(6(c); Section L restates that the Board of County Com~issioner~ has the authority under the power of self government to set forth the legislative intent as reflected in the adoption of the /ordinance; Sectio:n M states that it is the Board of County ~Co~mtssioner~ intent that the Ordinance be effective to cure any per- Page 20 August 20, 1991 ambiguity or procedural defect that the State Attorney argued i~to the Court. Assistant County Attorney Wilson pointed out that Page 4, Section Twelve of the 0rdtnance, includes additional language affirming that a certified copy of the ordinance was filed within 10 days after enact- .".lent and a referendum was held and approved. !' Conuntsstoner Saunders recalled that when the ordinance was being %c¢onstdered, the Co,lesion presumed that the statutory requirements .for effectiveness would be met, and hopefully, this amendment will clarify same. -.' There were no speakers. ~nlcmer ~ders ~ed, seconded ~ COGtlliOnlr 8hKEt ~d ~t~ ~imly, to close the ~bllc hearing. ~~to~r t~a~ ~ved, seconded by Coatsstoner Hasse ~d ~t~ ~t. mly, that the Ordtn~ce as n~bered ~d titled ~ ~t~ ~d en'[ered Into Ordtn~ce ~ok No. 45: ORDINANCE 91-81 AN ORDINANCE ADOPTED UNDER THE EMERGENCY ENACTMZNT PROCEDURE PROVIDED IN SlgCTION 125.66, FLORIDA STATUTES, TO STATE THE INTENT OF THE BOARD OF COUNTY COMMISSIONERS AS TO THE EFFECTIVE DATE OF COLLIER COUNT'f ORDINANCE NO. 90-43 RELATING TO THE IMPOSITION OF THE TOURIST DEVELOPMENT TAX AUTHORIZED IN SECTION 125.0104, FLORIDA STATU~fES; RATIFYING AND CURING ANY AMBIGUITY AS TO THE EFFECTIVE DATE OF COLLIER COUNTY ORDINANCE NO. 90-43 RETROACTIVE TO THE ORIGINAL EFFECTIVE DATE OF COLLIER COUNTY ORDINANCE NO. 90-43; PROVIDZNG FOR SEVERABILITY; DECLARING AN EMERGENCY; PROVIDING FOR AN EFFECTIVE DATE. ~I~OF(~TY C(~ISSIOIT~R$ CO~ICATIONS Commissioner %'olpe called attention to the tran~portatton network with regard to the four lantng of Radio Road. He suggested that :'~}.dtscusslons be held with the City of Naples with regard to the pos;si- biltt¥ of Central Avenue connecting with Radio Road. Commissioner Shanahan stated that the MPO has had several discussions relative to this issue and a study is currently underway. *** C~t~im~r Shmnahan moved, seconded by Co.-~tssloner ~ cmwxi~d unanimously, that the following Items under the ~e~n~ ~ndm be approved ~md/or adopted: Page 21 Auguet 20, 1991 '~T&FF TO COORDIR&T~ TI~ ISSUANCE OF CONTRACTOR LICHN,';ES FOR TR~ CITY ~l~k~ - Conttnu~d to 8/27/91 ~J. SA4 ACCEPTANCE FOR PALMETTO RIDGE - WITH The water and sewer facilities to serve the project cannot be placed into service and no ¢erttflcate of Occupancy shall be issued until the Florida Department of Environmental Regulation furnishes a letter authorizing tlhe placement of these systems into service, and; Bacter.iological testing has met the County's requirements, and; 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. RECORDEl) IN OR BOOK ]7nQ p .... qRn9 . 1844 A Item ~16A5 - Item #16B2 AM~NIBJENT TO LEASE AGREEMENT BKTWXKN JACK JOHNSON, JR. AND COLLIER COUBITY FOR CATTLE ~tAZING AT IMMOKALKE AIRPORT *CO~T~'I~ &MA~D /4) )~DICAL P~RSO)~EL POOL AND HF~THCAP~ PERSONNEL . ~ ~ ~ ~ O~ ~0,000 August 20, 199! See Pages ~tO~ZO~Z~L SKR1FICK~ INDUSTRIES, INC., KNVIRONMKHTAL SCIKNCE & · '.11Ug~, I!~., KCOLO(IY & ENVIRONMENTAL, INC., AND KNVIRONMKNTAL ~[~Oq~t~"'~ ~T SKLKCT~D AS THE HYDROLOGICAL CONSITLTANT AND COBTRACTORS PURSUANT TO RFP #91-1724 See Pages /0~)-- J.~ _ RICY~,I~J & KDUC&TIOI~ AND WASTE TIRE QUARTERLY GRANT REPORTS FOR TIlE · !~l~J0]t~M~3~ TO TI~K COUNTY OF ~149~066 Zt~ ,I~RI , -. P!tOFK~lOJ~tL SKRVICI[S AGRKEIq~FF WITH AGNOLI, B~ ~ BR~A~K, INC. -~.~ ~ ~UCTION S~V~CKS FOR P~SK II, NA~ ~ S~ · Xtem ,16H2 - Continued, date to be determined :-'(~ITIFTCATIOIJ FOR CORRKCTION TO THE TAX ROLLS AS PItKSKNTED BY THE 1989 No. 269 No. 276/2'77 1990 Dated 7/31/91 Dated 7/31/91 - 8/1/91 T&NGIBLK PI~tSONAL PROPERTY 1990 No. 1990-117/1990-119 TIME FOR INMATE NO. 68279 Dated 8/7/91 6J CORRK,fiPONDENCE - FILED AND/OR REFERRED The following miscellaneous correspondence was flied and/or referred to the various departments as indicated be.low: Letter dated 7/30/91 to John A. Yonkosky, County Finance Director; from Ross P. Obley, Executive Secretary, Collier County Industrial Development Authority; re IDA Reporting; with attachment: IDA Annual Financial Report of Units of Local Government 1990 dated 11/12/91 and Agreement between Collier County Industrial Development Authority and Economic Development Council of Collier County. Filed. Letter dated 2/26/91 to Planning Director; from R. Clark Tullos, 3ohnson-Prewttt & Associates, Inc. representing Cow Slough Wate~r Control District; re Chapter 189 Florida Statutes. Filed. 37 Page 23 August 20, 1991 Report dated 5/17/91 from Cow Slough Water Control District re Annual Financial Report:. Filed. Letter dat,.~d 8/1/91 to John A. Yonkosky, County Finance Director; :from Dallas Townsend, Chairman, Cow Slough Water Control Di:~trict; re the 1990-91 Finance Rl:port, 1990-1991 Budget, Public Facilities Report, Reglster~:d 0fftce and Agent. Fi led. Proposed Budget for 1991-1992 Cow Slough Water Control District. Fi.led. Report from Cow Slough Water Control Dtstr:[ct to Department of Community Affairs, Special District Information Program registering their office and agent. Flled. Letter dated 8/6/91 to Chairman, Board of County Commissioners; from Jon M. Iglehart, Environmental Specialist, Florida Department of Environmental Regulation; re Collier County - WRR, File No. 112005155. xc: Neil Dotrill, Harry Huber and filed. Minutes received and filed: Golden Gate Citizens Advisory Committee Meeting Minutes of June 7, 1991 So Homeless Advisory Committee Agenda and Minutes of 2/20/91, 4/18/91, 5/9/91, 5/23/91, 6/17/91, ?/22/91, 7/29/9] and AGenda of 8/12/91 Co Golden Gate Fire Control & Rescue District Agenda of 8/14/91 Do Collier County Planning Commission Agenda of 8/15/91 and Agenda and Minutes of 6/20/91. Letter dated 8/5/91 to Catherine M. Rtehm, Assistant Controller, CPA, Collier County Justice Center; from Mary Ann Grimm, Se¢:retary to James L. Jones, Chief, North Naples Fire Control & Rescue District; re submittal of official statement on the Department's 1987 genera] obligation bonds. Filed. 10. Notice to Owner dated 7/31/91 to Collier County School Board; from Robert L. Johnston, agent for Ferguson Underground Supply Co~, Inc.; advising that they have furnished materials and services; under an order given by Flo]~tda State Underground; for Golden Gate Elementary School; Notice Number 247420. xc: Neil Dotrill, Steve Carnell, John Yonkosky, and filed. 11. Notice to Owner and Notice to Contractor dated 8/5/91 to Collier County Board of County Commissioners; from Joseph M. Resttno, ]~etter Roads, Inc.; advising that they have fur- nished asphalt paving for improvements to Collier Village, I~okalee, "PUD Infrastructure Project" xc: Nell Dorrlll, Steve Camell, John Yonkosky, and filed. 12. Memo dated 8/5/91 to John McDermott; from James P. Ward, Collier County Government, Pelican Bay Services Division; re at'tachmen~ of Notice to Owner for the tn~tallation of the Emergency Generator at Pelican Bay. Filed. ~16L1 J .~Tv,~mq~kT~D F~IIJkL ~)GIq~NT (UTILITY F. Jk$~M~NT$ CONDIDJIIATION) FOR : ~lIIJ[ ~0OD P&RC~L £~ TR~ CA~ O~ COLLIKR COUNTY V. GARY R. P~RRI!q~, ~T ~.~ ~ N0. 89-1,913-C&-O1-HDH Page 24 August 20, 1991 There being no further business for the Good of the County, the was ad3ourned by Order of the Chair - Time: 12:50 P.M. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNIIiG BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ATTEST: JAMES C. GILES, CLERK presented ~-/ or as corrected Page 25