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BCC Minutes 02/19/1991 S Naples, Florida, February 19, lggl 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 5:55 P.M. in SPECIAL SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: (Absent) CHAIRMAN: Patricia Anne Goodnight VICE-CHAIRMAN: Michael J. Volpe Richard S. Shanahan Max A. Hasse, Jr. Burr L. Saunders ALSO PRESENT: Ellle Hoffman, Deputy Clerk; Nell Dotrill, County Manager; Jennifer Pike and Tom Olliff, Assistants to the County Manager; David Weigel, Assistant County Attorney; John Boldt, Water Management Director; Robert Wiley, Engineering Project Manager; and Bill Lorenz, Environmental Services Administrator. Page February 19, 199:1 Tape #1 RECOMMENDATION TO CONSIDER THE ADOPTION OF THE COLLIER COUNTY SWALE/CULVERT MORATORIUM ORDINANCE - NAPLES PARK - CONTINUED TO S/5/91 Legal notice having been published in the Naples Daily News on February 11, 1991, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider an ordinance establishing a moratorium prohibiting the permitting of the conversion of swales to culverts in the public rights-of-way within an area of Naples Park. Water Management Director Boldt advised that this is the first of two required public hearings to be held in the evening. He noted that the second hearing will be conducted on March 5, 199]. Mr. Boldt stated that the Collier County Planning Commission reviewed the proposed ordinance and recommends approval. Mr. Boldt explained that the purpose of the ordinance is to place a temporary moratorium on the practice of the conversion of swales to culverts in Naples Park. He reported that the moratorium would com- mence on the effective date of the ordinance and continue in effect until the County receives approval from the Department of Environmental Regulation to terminate the said moratorium, but not longer than through December 31, 1993. He requested that the Commission hold the second public hearing on March 5, 1991. Commissioner Volpe inquired how the construction of driveways would be handled that need to cross the swales during the time of the temporary moratorium. Mr. Boldt explained that the regular driveways would continue to be placed as normal, noting that they are an excep- tion to the proposed moratorium. Commissioner Hasse stated that when the water flows through that area during the rainy season the culverts are not large enough and they clog up from the debris, sand and stone. Mr. Boldt declared that the study as performed by Agnoli, Barber and Brundage, includes recommendations for culvert sizes for the vast number of road miles in that area. He expressed that he needs to verify with Project Review Services that they.are following these Page 2 February 19, 1991 recommendations and that the new culverts are the proper size as indi- cated in the study. He reported that if the proposed moratorium is approved, the practice of enclosing these long swales would be prohl- bited. Mr. Richard Wood, Chairman, of the Community Improvement Committee of the Naples Park Area Association, called attention to Section Four of the Ordinance relative to the exception for the pipe to be installed under the driveways. He remarked that he wants to make sure that when the contractors are ~nstalling a new driveway that they adhere to the Agnoll, Barber and Brundage Study, for which his asso- ciation paid $70,000. He recommended that the Commission approve the proposed temporary moratorium. Comm~ssioner Volpe questioned how the County will control a number of the swales which have been converted to culverts without proper permits. Mr. Boldt advised that a good share of these have been installed with permits but there are a number without same. He disclosed that at this point in time, staff is not proposing to do anything in this regard. He revealed that the permit requires that a certain volume of storage be available in Naples Park, noting that a computation has been made which confirms that that storage is available. He stated that the storage capability of today needs to be preserved. Commissioner Shanahan suggested that Mr. Boldt respond to the Commission prior to the March 5th hearing with respect to any new construction and the guidelines as set forth in the Agnoli, Barber and Brundage Study. There were no other speakers. Commissioner Hasse moved, seconded by Commissioner Shanahah and ca~rted 4/0 (Commissioner Goodnight absent), to close the public hearing. Commissioner Volpe announced that the second hearing regarding the Swale/Culvert Moratorium will be conducted on March 5, 1991. Page 3 February 19, 199! There being no further business for the Good of the 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 .' :m~nutes approved by the Board on F~/,//// as presented or as corrected 05' Page 4