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BCC Minutes 05/08/1990 R Naples, Florida, May 8, 1990 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 /aw and having conducted business herein, met on this date at 9:00 A.M. in REGULAR SESSION in Building ."F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Max A. Hasse, Jr. VICE-CHAIRMAN: Michael J. Volpe Burr L. Saunders Anne Goodnight ABSENT: Richard S, Shanahan ALSO PRESENT: James C. Giles, Clerk; John ¥onkosky, Finance Director; Harriet Beech and Ellie Hoffman, Deputy Clerks; Neil Dorrtll, County Manager; Tom Olliff, Assistant to County Manager; Ken Cuyler, County Attorney; George Archibald, Transportation Services Administrator; James Reardon, Emergency Services Administrator; Kimberly Polen, Project Review Services; Frank Brutt, Community Development Services Administrator; William Lorenz, Environmental Services Administrator; Robert Mu/here, Raymond Bellows and Philip "Scheff, Planners; Sal Gardino, Director of Mediation/Arbitration; Sue Fllson, Administrative Assistant to the Board; and Byron TomlJnson, Sheriff's Office. Page Nay 8, 1990 eeeee Comtieelonar Shinihen absent mm ra£1ected in 4/0 votaa T~pe #! ~em #3 ~GIJFDA AND CONSENT AGENDA - APPROVED NITH CHANGES Commissioner aoodnlght Roved, meconded by Comulootoner Volpe and carried 4/0, that tho agenda end consent agenda be approved M/th tho following changes: 2e Item 5C - Recommendation to proc/aim May 9 as Miami City Ballet Nutcracker Day - Added Item 12B - Permission to issue Special Events Permit for the Christ le the Answer Revival to be conducted in Naples - Added Item /OF - moved to Item 6C7 re Ordinance amending Ordinance No. 87-9! as relates to Court Mediation and Arbitration Services. 7e Item 6B! - Petition R-89-28 requesting a rezone from A-2 to PUD to be known as Brentwood PUD - Continued until May 15. Item 6B5 - Petition PDA-89-13 requesting amendment to Point Marco - Continued until May 22. Item 7Al - Petition A-90-2 R & L Developments of Marco re administrative appeal of decision regarding site preparation prior to four-laning of S.R. 951 - Continued until May Item 6B2 - Petition R-90-§, requesting a rezone from A-2 to PUD for affordable housing to be known as Arbor Lake Club PUD - Continued to May Item 6B3 - Petition R-90-15, requesting a rezone from A-1MH to "I" Industrial for property north of Immokalee Airport - Continued to May 15. Item 6B4 - Petition R-90-3, Immokalee Habitat for Humanity, Inc. requesting a rezone from RMF-6 to RSF-§ for property on the east side of 9th Street, Immokalee - Continued to May 22. 10. 12. 13. Item 6C3 - Petition AV 89-029, requesting vacation of al/ public interests in certain rights-of-way in the Vineyards development - Continued to May 15. Item 6C4 - Petition SMP-90-1, requesting Subdivision Master Plan approval for Woodlake South Mobile Home Subdivision - Continued to May 15. Item 6C6 - Petition SMP-90-4, requesting Subdivision Master Plan approval for "Mission Village" in Immokalee - Continued to May 22. Item 14A8, final plat of "Park Place West Subdivision,,, moved to 9Al at request of Commissioner Volpe. MINUTES OF SPECIAL MEETING OF MARCH 21, 1090, RKGULARMEKTXNG OF MARCH 2....~..g._~990, AND SPKCIAL MF_~TING OF APRIL 2f 1990 - APPROVED Page 2 May 8, 1990 Comlssloner Goodnlght ~oved, seconded by Comtssloner S&unders, and carried 4/0, that the minutes of the Special Nesting of ~ch the ~1~ ~tlng of ~rch iT ~d the S~ctal ~ettng of April 1990 ~ a~r~d ~ presented. Xtem · NPLOY~ 8~VXCE WARDS - PI~S~NTED TO WXLLX~ A. EDGAR AND J0~ B. RALL Commissioner Hasse presented Employee Service Awards to William A. Edgar and John B. Hall of Facilities Management for 10 years of service with Collier County. Item #51 PROCLANATION D~SXGNATXNG NAY 8 1990, AS BILL PRICB DAY IN COLLIER Commissioner Goodnlght read a Proclamation designating May 8, 1990, as "Bill Price Day" tn Collier County and presented same to Mr. Bill Price, retired Chairman of the First Bank of Immokalee tn recognition of Mr. Price's contributions to the community of Immokalee and for his assistance to the county's farmers In times of need. Co~lsslonsr Ooodnlght ~ovsd, seconded by Co~isetonsr Volpe and carried 4/0, that the proclamation designating Nay 8, 1990, as Bill Price Day in Collier County be adopted. Mr. David Borden read and presented a Proclamation on behalf of the Collier County Housing Authority, lauding Mr. Bill Price for his work on behalf of the Farm Workers Village In Immokalee. Page 3 May 8, ]990 ,~m,.PR~TION DISXGRATING MAY 9, 1990, AS THE NZAMX CXTY BALLET Commissioner Volpe read a Proclamation designating May 9, 1990, as "The Miami City Ballet Nutcracker Day" and presented It to Mrs. Myra Daniels recognizing the establ/shment of the M/ami City Ba/let and the Introduction of neoclassical dance to Florida, and Its achievement of national and /nternattonal acclaim in four short years; and tn recognition of Its premier performance of the "Nutcracker Suite" to be held in Naples this coming autumn. CO"~tllJOnlr VoIpt Ged, elconded by COU~leionlr Ooodntght and carried 4/0, that the proclmtlon deeLgnating May 9, 1990, as "The Mi&mi City Ballet Nutcracker Day", be adopted. Page 4 May 8, 1990 R~OLUTIOI 90-245 RE PETITION $MP-90-5, ROBERT CA~TER REPRESERTIRG C&VALZ~ D~VHLOFI~RT COR~TZOR, FOR S~DZVZSZOR ~9TKR P~ APPROVAF. ~R ~~ KSTA~S - ~KD Ml~ STX~TZORS Legal notice having been published tn the Naples Daily News on April 22, ~990, as evidenced by Affidavit of Publication fi/ed with the Clerk, public hearing was opened to consider Petition SMP 90-5, fi/ed by Robert Carter, representing Cavalier Development Corporation, requeskln~ an resolution approving a Subdivision Master Plan approval for Baycourt Estates, a subdivision contain~n~ 5.8~ acres more or less in Section ~5, To.ship 52 South, Range 26 EasT, Collier County, Florida. Planner Ray Bellows discussed the background for this Petition, saying that staff has reviewed this petition and found the SMP to be in compliance with the Subdivision Regulations and Zoning Ordinance as amended. The design is comparable to other single family developments in the area, he said. Access to the proposed subdivision is from San Marco Road, a two-lane collector facility which is operating at an acceptable level of service, he continued, and the CCPC reviewed this request on April 19, 1990 and forwarded it with a unanimous recommen- dation for approval, subject to staff stipulations. Commissioner Hasse asked if the road impact has been properly addressed and Mr. Bellows answered affirmatively. Commissioner Hasse asked how far in it is located and Mr. Bellows said it is 255 feet east of Good/and Drive. Commissioner Hasse then asked if there is adequate water in that area and Mr. Bellows said Portland Lake is behind this property which is near the Marco Shores PUD. Commissioner Hasse asked where they will get their potable water. Planner Bellows said it will come from the Marco Island Utilities. There were no public speakers. C~mmlonm~ Smundere moved, seconded b~ Commissione~ Goodnight and r~x~Zed 4/0, to close the Public Rs&ring. Commiselonmr Saunders movmd, seconded blf Comm/sstoner Volpm mhd carried 4/0, that Resolution 90-245 re Petition SNP-90-5 be adopted. Page 5 May 8, 1990 RESOLUTXON 00-246 RE PETXTXON CCCL-S9-8, GEORGE V ~ INC. ~UESTZNO A CO~T~ C IN9 V~Z~CK TO CONS~U ONS~ZON CO~OL CT A CO~M~NZ~ P~ZNO ~ ~~K ON THE SIDE OF ~HO~ DR~ - ADOPTED WITH STIPULATIONS 0.5 MILE NOR~! OF VANDKRBILT BEACH ROAD, Legal notice having been published In thu Naples Dally News on March 25, 1990, as evidenced by Affidavit of Publication flied with the Clerk, public hearing was opened to con~tder Petition CCCL-89-8, filed by George Varnadoe of Young, Van Assenderp, Varnadoe and Benton, representing Developments Duken, Inc., requesting a coastal construc- tion control line variance to construct a condominium, parking and boardwalk on the west olde of Oulfshore Drive. Ktmberly Polen, Project Review Services, addressed the matter saying that the petitioner proposes to construct a condominium that will extend approximately thirty-five (35) feet seaward of the adopted Coastal Construction Control Line (CCCL), which was established by the Florida DNR on October 31, 1974. Ms. Polen continued saying that the petitioner ts also proposing to construct a'boardwalk with a viewing deck extending one hundred two (102) feet seaward of the adopted CCCL. The subject property, she explained, is located on the west side of Gulfshore Drive Just north of the Intersection with Vanderbtlt Beach Road and ts bordered on the north by La Playa Tower and on the south by The Villas. The proposed Le Dauphin Bay building will be across Gulfshore on the east side, she said. There ts a high storm hazard potential for Vanderbtlt Beach and the barrier beach is classified as a "Coastal High Hazard Area" for storm surge, Ms. Polen continued. There ts a high erosion rate tn this area, she stated, and she discussed the shoreline recession rate. She noted that the Growth Management Plan Policy addressing this situation is Collier County Comprehensive Plan 11.4.7 and other poli- cies. She summarized her background explanation by saying that staff recommends approval of Petition CCCL-89-8 subject to a stipulation concerning vegetation and dune management. Page 6 Hay 8, 1990 Commissioner Hasse asked how high the buildings will be and Ms. Polen said 90 feet is the planned height. Commissioner Hasse asked what the DNR policy permits and she noted it allows construction up to 100 feet, or 10 stories. Ms. Polen said that the Florida DNR has had communications with the Petitioners regarding a beach management design as well as variables concerning the height of the project and Involving pervious area. The planning is for pervious areas in the parking areas throughout the development as well as a latticework on the back of the development parking zones to permit water to flow through the paver blocks, she said, adding that these are recommen- dations from the DNR. Ms. Polen said the plans include a boardwalk with a viewing deck and chlckee, but the DNR will only permit a 12~ X 12~ foot area on the dune system and the p/an has been reduced to minimize the impact. Commissioner Has~e asked if the height is similar to the buildings nearby and Ms. Polen said yes, in fact, the height is less than buildings constructed tn the past because of less strict limits. Commissioner Volpe said he understands that in the past six years there has only been one principal structure permitted seaward of the Coastal Construction Control Line and questioned if that is because there have been no applications for a variance? Polen said that was correct, adding that there has been no construction along that corri- dor for some time. Commissioner Saunders confirmed that staff ts recommending this variance and Ms. Polen said that is correct, primarily due to the fact that a precedent has been set for building principal structures very near the shoreline in Vanderbtlt Beach. She added that the two structures on e~ther side of the parcel ~n question are well seaward of the CCCL, and the Petition's seaward limit is consistent with the seaward extent of other buildings in the immediate area. Ms. Polen then referred to Exhibit "A" which ts a stipulation recommended by staff concerning the revegetation and enhancement of the dune system that now exists. Page ? May 8, 1990 Mr. Varnadoe commented that staff has discussed with the peti- tioner the new CCCL requirements, and asked if the County will in fact adopt the new CCCL line? Ms. Polen said she is not cognizant of whether the Board wishes to do that, but she has reviewed the Petition based on the 1974 CCCL in the Comprehensive Plan because that is what Ordinance 75-19 states. Commissioner Hasse said that the State adopted a new CCCL in 1989 and the Board of County Commissioners should do the same. Commissioner Volpe questioned if the State has a newly-adopted coastal construction control line that has presumably been adopted in other counties along the coast, will this petition be reviewed by the Florida DNR based upon the 1974 or the 1989 CCCL? Ms. Polen said the State would review it based upon the 1989 line. Commissioner Volpe said the State is using the 1989 line for review and the Board is looking at the 1974 line, but the 1989 line was moved significantly landward from the 1974 line limit. He then asked how much further seaward is the 1989 line in re/at/on to the 1974 line? Ma. Polen responded that the difference is 35 feet seaward. Commissioner Volps asked County Attorney Cuyler if the Board should be considering a relocation of the coastal construction control line under the Growth Management Plan? Not necessarily under the Growth Management Plan, Mr. Cuyler answered, but the Board does have the alternative of taking that line into effect a/though at this point the 1989 line is being used by the State somewhat differently. The county's line, he con- tinued, is basically a line of prohibition, although variances are permitted thereto, and the newer line ia more regl/latory in nature and Collier County has not specifically adopted that ss yet. He added that the Environmental Board will confer at some future point with the County Attorney's office and a presentation will be made to the Board to determine the Board's pleasure in this matter. Commissioner Hasse asked if there is a specific reason why it has not yet been adopted? County Attorney Cuyler said the County may not ever adopt that line in the same nature as the 1974 line, a line of prohibition, because of Pags 8 May 8, lggo where the line is located. For example, he continued, in the northern part of the county, it is well landward of the majority of the construction already there. It would entail variances for all of that existing construction, he noted, and our 1974 line prohibits construc- tion beyond its llm~ts, unless there is a variance granted. However, he said, he expects that the Environmental staff will soon make a pre- sentation to the Board regarding the aspects of both control lines. Commissioner Basse said he feels the Board should look at this matter very seriously in the future. Commissioner Volpe commented that the City of Naples has adopted the 1989 line and he wonders how this relates to continuity along the coastline and asked County Manager Dorrtll if the city has, in fact, adopted the 1989 COOL. Mr. Dorrtll pointed out that the State did not adopt the new line until 1989; therefore the county has not been delinquent since 1974; he then added that Mr. Cuyler is correct, the state is applying the change in distance to building resistance to 140 MPH winds and other factors and are now putting these requirements into effect for new construction. If the County adopts the 1989 line, he said, it will change the whole Ordinance and the approach to the issue and that should be considered in deliberations on this issue. Commissioner Volpe asked if the Growth Management Plan references the 1989 line and County Manager Dorrill said it does not, adding that it specifically references the 1974 line for construction control along beaches. Attorney George Varnadoe, representing Developments Duken, stated that Jeff Scott, the architect and John Barber, the engineer for the project are also present to answer questions. He reviewed the reasons for requesting the variance, stating that the development will be com- patible with surrounding properties. This ts the next-to-last lot zoned RT on the Gulf and Vanderbllt Beach, he said, and after this property has been built upon, there is only one more lot to the south that is vacant. The RT zoning would allow 26 un/ts/acre for hotel/motel use and up to 16 unite/acre for multi-family/condominium O00(710O23 May 8, 1990 use such as proposed here, he noted. There will be l? units placed across the street as a part of this development, and som~ off the parking for the gulfstde units will be placed Jn that area to reduce the Impact on the gulf side, he said. He pointed out that the 1989 line, from the state's perspective, Is not a prohibition line, but ts used to find the area where special design criteria ts necessary to protect the beach dune system, the proposed structure and adjacent properties. Hr. Varnadoe said that the general standard under which the variance was applied for ts In Chapter 161, the applicable state law since 1965 which was not changed when the Coastal Zone Protection Act of 1985 was adopted nor when the "Glitch Bill" of 1986 was adopted. The same standard ts reflected tn Collier County Codes, Section 7-14, he added, and then read the standard for the Board's information. Mr. Varnadoe pointed out that their planned development meets all criteria, as staff has recognized tn their recommendation, In that tn the Immediate area all the property 1o developed with existing structures In reasonably uniform setbacks. He also pointed out that the development tn question has a setback greater than that of adja- cent existing structures. He demonstrated this by referring to the model present In the Boardroom. Mr. Varnsdoe addressed Objective 11.4 and 11.4.? where it states that building can be allowed on the coast where It meets the criteria of Chapter 161, under which the petition requests the variance. He then briefly reviewed the existing structures in that area. If the CCCL variance is not allowed, he noted, there can be little use made of this property which would be compatible with the surrounding area. Mr. Varnsdoe reviewed the dimensions of the lot tn question, stattng that the butldtn~ ts ss far landward as possible, considering the turn radiuses for fire protection equipment to enter the area. He explained that the Board~s approval of the variance request will allow the developer to petition the DNR for a variance from the state's CCCL line. They have filed their application with DNR staff and have hsd Page 10 Nay 8, 1990 three meetings with their staff on various elements of the develop- ment, he added, and notable among adjustments being made is replanting native vegetation seaward of the building tn an attempt to stabilize what remains of the coastal dune system at this property line and removing exotics. It appears that from 1960 to 1966 photographs show there was a construction road and an east-west road on this property, Mr. Varnadoe continued, and native vegetation was removed at that time. Replanting was done with Australian Pines and there ts very little native vegetation where the building will be, he said, but seaward there are vacant areas where replanting will be done. He noted that the staff report is favorable, the petitioner has agreed to stipulations and a mitigation plan, adding that the plan includes a dune walkover with a 10' X 10' sitting area attached. Commissioner Hasse noted that most of the building will be west of the coastal control lines. Commissioner Volpe asked if there is a provision for public beach access. Mr. Varnadoe pointed out a number of beach aocesses In the area, and said there will be none on this property. Commissioner Volpe asked if there Is any provision for dedicating a right-of-way because there are some plans for widening Gulfshore Drive tn order to put in a bicycle path. Mr. Jeff Scott from Forsythe Architects replied to the question, saying there ts an existing bicycle path, but it ts simply striped on Gulfshore Drive on the east side of the roadway at present. Mr. George Archibald, Administrator for Transportation Services, said they will widen the roadway by expanding the existing pavement and by encroaching Into the grassy swale area both on the east and west side of Gulfshore Drive; however, al/ the work done will be within the present rights-of-way. The work will increase the road run-off of stormwater and this will be inoorporated into the storm drain systems of the projects situated along the drive he said and asked if the applicant will accept some run-off from the roadway Into its water management system and convey it to the east lagoon. Mr. Varnadoe assured the Board there ts no problem with that, and pointed out It applies to the property east of 000f 0025 Page 11 May 8, 1990 Gulfshore Drive. Mr. George Keller, representing Collier County Civic Federation, spoke to the matter, saying that he wished to commend the Board for constderfng the application for the variance tn depth and regretted that the same approach had not been used tn the past. He recommended the Board approve the request for the variance because the area has already been extenslvely developed close to the beach. Mr. Keller then stated that If any undeveloped property still exists In the county, he urges that no additional construction be permitted west of the roadways fronting the beaches. There were no other speakers. Commissioner Volpe moved, seconded by Contsstoner Saundsrs ~nd carried 4/0, that the public hearing be closed. Contsmloner Goodntght moved, seconded by Co~tsstoner Volpe and carried 4/0, that Resolution 90-246 rs Petition CCCL-89-8 be adopted · ubJect to stipulations as contained in the Resolution. County Attorney Cuyler stated he will arrange for a future presen- tation to the Board regarding coastline construction control require- ments. OOcf[O026... Page Zt~ M~y 8, ~ggo sm~r~ ~x~w~ m~s~,t~zoNs 9o-ze/~9 APP~tOVZNO A~g~m~TS TO ~ Legal notice having been published tn the Naples Dally News on May 2, 1990, as evidenced by Affidavit of Publication filed with th~ Clerk, public hearing was opened to consider amendments to the Fiscal Year 1989-1990 Adopted Budget for Collier County. 3chh Yonkosky, Finance Director, explained that this Item ts an advertised public hearing as prescribed by Florida Statutes Chapter 129.06 which ps=mits the Board to amend its budget where the total app=op=lattons are g~eate= than the original budget. This Is the second quarterly advertised public hearing tn which the Board ts requested to amend Its total budget upward, he said, and there are four budget resolutions Involved. He brtefly reviewed the resolutions and their contents for the Board's information. He asked that the lout resolutions be approved after the advertised public hearing Is closed. Commissioner Volpe questioned the $11§,O00 increase over the budgeted amount tn the fleet management Item7 Mr. Yonkosky explained that last year, the Board approved a new vendor for Fleet Management and at that time there was a catch-up of one month's payment to the old vendor which had not been budgeted for In last year's budget, and this amendment Is to use appropriated monies carried forward to make that catch-up payment, he said. Commissioner Vo]pe asked If this means that the budget will be over $115,000 and Mr. Yonkosky stated that without the approval of this budget amendment, it will be. Mr. Yonkosky explained that this item was budgeted for 12 months, but mt the turn-over which was the thirteenth month, this money had not been planned for in last year's budget. Commissioner Volpe asked if the county ts paying $115,000 per month? Mr. Yonkosky said no, adding that this amount Includes several adjustments to close out the contract from the prior vendor which totals approximately $115,000. There were no further questions and no speakers on the matter. 00OCI0030 Page 13 Hay 8, 1990 c~ied 4/0, that the public hearing he closed. Co~missioner Ooodnlght moved, seconded by Com-isstoner Saunders carried 4/0, that Budget Amendment Resolutions 90-26/19 he ~dopted. OOCCIOO: I ~,"' * Ztmm ~6C7 Ha~ 8, 1990 ORDXII&)IC~ 90-34 &M~NDZNG COLLX~ COUNTY ORDZNANC~ NO. 87-91 ~DZNG C0~T-O~D ~DZATZON ~ ~Z~TZON 8~ZC~ T0 ~SOL~ CZVZL ~lO~ ~ DZS~ ZR C0~ ~ CZR~ZT CO~YS - ~D Legal not/ce having been published tn the Naples Datl~ News on April 19, 1990, as evidenced by Affidavit of Publlcatton ffled with the Clerk, publlc hea~ln~ was opened to conslde~ an amendment O~dtnance No. 8~-91 to add ~ou~t-o~de~ed mediation and a~blt~atton services to ~esolve civil actions and disputes tn county and cou~ts. Mr. Sal Gardtno, Director of Mediation/Arbitrations programs for Collier County, explained the proposal to assess a $2.00 fee on filings for mediation services required by recent state legislation. He said that the fee would be used for mediation and arbitration ser- vices that are now being provided by the county. Last year over 1,200 cases were mediated, he offered, and the number of case filings were in the range of 10,000 to 12,000; thus the fee can generate substan- tial revenue at no cost to the county and eventually it will become a se/f-supporting program by fee generation. The proposal also requires certain cases as set forth by the Judues to keep paying a mediation fee to this budget that will be uti- lized to support the program, he said. Commissioner Volpe asked how much money this fee of $2.00 will generate? Mr. Gardino explained that their budget is now under Genera/ Revenues in the Court Administration, but they are expecting about $6,000 per year in Small C/a/ms, not counting county filings which may be an additional 600 to 700 filings. Cases numbers fluctuate from year to year, and each year the number seems to grow, he noted, adding that this fee will not be child support cases, but it wtl! be applied to divorces. Commissioner Saunders asked if this has been reviewed by the Co,liar County Bar Association and Mr. Gardlno said he was not aware of that, but it has been rev/awed by the Judges and by the Collier County Attorney's office. Commissioner Saunders asked if the Bar Association knew this item was being presented to the Board today? o rcioo36 Page 15 May 8, 1990 Mr. Carding said he did not know if they had been notified specifi- cally, but It has been advertised under legal notices in the local newspaper. the program Commissioner Volpe said he supports the concept, however, the county could end up with a lot of money from this which could be used for training volunteers and other associated expenses. Mr. 0ardtno agreed that the amount could be significant, but it would not be extremely high. Commissioner Hasse commented that it will not require more personnel, but it will provide additional instruction to the volunteer mediators and the citizens of the county will benefit from Commissioner Volpa asked how many paid staff are in this program and Mr. Gardino said only himself and his secretary, the rest are volunteers. The annual budget for his office, he added, is about $50,000. Commissioner Hasse complimented Mr. Gardino on the fine Job his volunteers are doing. County Attorney Cuyler said his staff has worked ~tth Mr. Carding on preparing the Ordinance based on statutory authority. There were no speakers. Commtaatonmr Saunders moved, seconded by Commissioner Ooodntght mhd carried 4/0, to close the pub/lc hearing. Co~u~tealonmr Saunders ~ved, seconded by Commissioner Goodnight ~tnd carried 4/0, that the ordinance aa ntuab~red ~nd titled below be adopted ~%d entered Into Ordinance Book No. 38: ORDINANCE 90-34 AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 87-91 BY REVISING SECTION ONE TO ADD COURT-ORDERED MEDIATION AS WELL AS ARBITRATION SERVICES TO RESOLVE CIVIL ACTIONS AND DISPUTES IN COUNTY AND CIRCUIT COURTS; AMENDING COLLIER COUNTY ORDINANCE NO. 87-91 BY REVISING SECTION TWO AND PROVIDING FOR A COURT- ORDERED MEDIATION SERVICE, PROVIDING FOR A COURT-ORDERED NONBINDING ARBITRATION SERVICE, PROVIDING FOR VOLUNTARY BINDING ARBITRATION, PROVIDING FOR AN ADDITIONAL $2.00 FILING FEE ON ALL COUNTY COURT CIVIL PROCEEDINGS; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. May 8, 1990 Planner Philip Scheff stated this item is Petition PU-90-3, filed by A.A. Reeves of Florida Cities Water Company representing Robert A. and Sally Billings requesting a provisional use "B", essential ser- vices, for property located between Green Blvd. and 15th Avenue, S.W. in Golden Oats Estates, consisting of 5 acres. He reviewed the land uses, vegetat/on and zoning of the area, and sa/d that At has been reviewed relative to the Collier County Growth Management Plan (GNP) and no Inconsistency has been found. Hr. Scheff noted that staff and all appropriate county agencies reviewed the petition and have no objection to its approval. The Collier County Planning Commission held a public hearing on April 19, 1990 and forwarded the Petition to the Board of Zoning Appeals with a recommendation of approval by a vote of ?/0, he advised, subject to staff stipulations and with the addition of Stipulation "N" which requires a 6 foot high chain ]ink fence instead of 8 foot high fencing as suggested by staff. Mr. Scheff said that two other stipulations were added by the Planning Commission, notably Stipulation "Q,,: street access to Green Boulevard shall be limited to one Ingress/egress access; and Stipulation "R'. The ingress/egress drive and parking area will be designed to be as non-impact/ye as possible consistent with the use of the site. Mr. Scheff concluded by stating that no correspondence has been received for this petition and no speakers were present at the CCPC public hearing, and that the Board approve Petition PU-90-3 subject to the CCPC's recommendation. Commissioner Volpe asked if this petition had been reviewed against the Golden Gate Master Plan? Mr. Scheff mentioned conferring with the long-range planning staff and said they are proposing that essential services be permitted aea provisional use in the Golden Gate Estates D/strict. He further commented that, while things can a/ways change prior to adoption of the Golden Gate Master Plan, Staff is considering that essential services including water storage tanks, be permitted as provisional uses either anywhere in the district, or in activity nodes, but this is still under consideration. Page 17 May 8, 1990 Mr. Don Ptckworth, a local attorney for Florida Cities Water Company, said that Mr. Scheff has succinctly stated what the Petitioner is requesting and stated that the purpose of the storage tank ts to improve distribution ability, prevent pressure problems and improve fire flow capability tn the system. The site, he noted, ts located at the Intersection of three major transmission mains and is hydraulically ideal for such a facility. The county received a letter supporting this petition from the fire department which recognizes the need for the facility, he said. Mr. Pickworth briefly referred to the stipulations which will make the sl~e non-impactive; natural vegetation will be retained, the water tank will be hidden behind existing trees and vegetation will buffer the borders of the property. Commissioner Hesse asked if this site will generate any noise, to which Mr. Plckworth replied negatively. Commissioner Hesse asked what the height of the tank will be, and Mr. Ptckworth said it has a rounded top and will be 25 feet high at the highest point. He added that only one person/day will arrive onstte to read gauges, Commissioner Hesse noted that on the sketches provided there are two ingress/egress, and Mr. Plckworth explained that the Planning Commission decided to eliminate one drive, the other will open onto Green Boulevard. Commissioner Volpe asked what plans the water company has for the rest of the five acre site? Mr. P~ckworth referred to Stipulation "M", which indicates that the acreage will be utilized for wat.r management purposes. Commissioner Volpe indicated that if there are future expansion plans, he would like to see the petition returned to the Board for review. County Attorney Cuyler said that tn the past, provisional use approval Is tied to the site plan and if there are site plan amendments in the future, it would requLre an additional provisional use approval. Mr. Scheff said that would only apply to a situation where additional land would be added to a ~rovieion use, and then a new site development plan would be required. However, he added, the Board could add a stipulation requiring that if there is any change on this site, the petitioner 00C. C10039 Page 18 May 8, 1990 would have to come back to the Board for approval. Mr. Cuyler noted that if the provisional use approval is tied to the structure and is approved today, then any additlona! structure or addition to the site plan would require the need for addItional review. Commissioner Hesse agreed with that idea and asked about adequate screening along the front of the property. Mr. Ptckworth said the property will be screened on all sides, and the color of the tank will be aesthetically pleasIng. There were no speakers. ¢o~m~aeloner Saunders ~ov~d, seconded bFco~Aaa~oner Goodn~ght m~d c~rr~ed 4/0, that Resolution 90-24? re Petition PU-90-3 be adopted cont~ug~nt upon ~n add~t~orm! stipulation requ~=lng that the Petitioner return to the Board for approval of any expansion of fac~- O00CROO.,IO Pag~ 19 Km¥ 8~ xggo Commissioner ~ssse welcomed a group of exchange students Francs who are part of an on-going exchange program sponsored locally by Seagate Elementary School In association with an organization known as the Association for American-French Classes located in Westmont, Illinois. X~gAI ~Xl~ OF FINAL PLAT OF "PARK PLACE WEST SUBDZVXSZO~ (FOI~RLy ~ JW Xlm~m~ e'~cl) - AI~OV~n Commissioner Volpe asked that this item be removed from the Consent Agenda for separate consideration because It relates to the Imperial Golf Estates Subdivision and there has been an exchange of correspondence with property owners in Imperial Golf Kstates con- cerning the final approval of the record plat, specifically as it relates to the relocation of a gatehouse. Frank Brutt, Commun/t¥ Development Services Administrator, stated that the Homeowners Association have been engaged in correspondence with the developer and have reached a resolution of the matter concerning location of the entrance gatehouse. Commissioner Volpe said he understands there has been some discussion regarding placing a stipulation on this item. Mr. Brutt said he is not knowledgeable of any stipulation relating to this matter. He said the gatehouse has been moved back and there has been some widening of the entrance so that construction traffic and shopping center traffic will not interfere w/th the gatehouse opera- rich. Commissioner Volpe said he is concerned that this is resolved as a part of the approval and questioned if there was notification to the Homeowners Association when this item was scheduled for the agen- da? Mr. Brutt said that a letter from the two individuals repre- senting the Homeowners Association stated they are satisfied with the work completed tn connection with this matter. Commissioner ~asse asked if this would impact on the entrance to U.S. 4! and Mr. Brutt said ~t would not. There were no speakers. Co~mieeloner Volpe moved, seconded by Coll~ll~Onlr 81tlndlrl, I~d i~O~ ~0 ~¥ 8o XggO 4/0, to approve the ffAnal Plat o~ "Park P~ace ~.~ ~iviein', nb~t to ~he roll.Lng etL~lat/o~: Accept the Irrevocable Letter of Credit as eecurlt¥ to guarantee completion of the Subdivision Improvements. AuthorLze the recordLng of the final plat of "Park Place West Subdivision-. 45 Authorize the Chairman to execute the Construction and Maintenance Agreement. That no Certtftcatee of Occupancy be granted until the required lmprovemente have received preliminary acceptance. Page May 8, 1990 Zt~ O0JlBUL?ZNG IRGZRIIRZNG 8ERVZCE8 AQRKKNK]IT NZTH 3KRKZHB ARD CKARLAIID, INC. ~OR DKSZi:F~ O~ THE S.R. 29 PEDESTRIAN OVERPASS STRUCTURE IN ~MMOKAZ,~EI IN THE AMOUNT OF ~66f322, - APPROVED George Archibald, TransportatLon ServLces AdmLnLstrator, revLewed the background of the request to approve and execute a contract agreement for design of the pedestrian overpass the Zmmokalee area. He explained that the contract is a standard agreement, documentLng the hours to be spent on each phase of the design contract. The total amount of the contract ~8 $66,322.00 and that ~s for design services to Lnclude not only work to be performed by the prime consultant, he continued, but work performed by soma sub- consultants for the pro~ect. A substantial part of the funding for the pro3ect, he noted, ts to be provided by the Transportation, which agency has reviewed ~e ncope of servLces and wil! be a party to t~e design review at 30~ and ~00~ of work comple- tLon. Mr. Archiba~d said that the scheduled start Nay of th~s year, to complete the desLgn by the end of ~990, and start constructAon Ln early 1991 and complete the work by December ~992. He said tf the contract L8 approved today, he wLll be on sche- dule. CommLssLoner Hasse commented that this pro~ect has been a long tLme ~n reaching this poLnt. ~r. Archibald po~nted out that Transportation has a half-dozen ma3or consulting contracts ~n fLnal process that will be presented to the Board th~a month. There were no speakers. Comm/mmloneF GoodnLgh~ moved, ascended by Comm~aoLoneF Vo~po and c~t~tod 4/0 to approve 8nd mate agreement with ~enkLn8 and Chi~snd, Inc. faf daoLgn of the S.R. 29 p~de~tFlmt ovez~moa Ln lmmohlaa Jn the ~mount of $66,322. Page 22 Hay 8, ~990 lq.~,SO~lO~ 90-24~ CALLING FOR A ~ ~LECTZON IIZI'BZ~ ~ BIG ~ X~ ~ COBOL ~ ~8~ DZS~X~ ~ D~X~ IF ~~ ~~ ~ DZS~Z~ ~ ~S~SSZ~ ~ COLL~Z~ ~ ~ ~ ~z~ z~~s o~ co~~zo~z~ ~ ~z~ co~~ ~s~ ~ c~o~ ~ ~S~ ~s~z~ - C~e~oner Sanders ~d, seconded ~ Co~lseloner Vol~, ~d to a~ t~ ~~t ~d collection of ~ ~ct f~ fo~ capital ['4" 00 C1 112 page Coe~taaloner Smundero ~nmd, aeconded by Co]mismionor Volpe end ~~ 4/0, t~t ~lo~utX~ 90-249 cm~ng fo~ m ~fe?en~ e~ect~on with~ t~ Borth Baple. ~lre Control ~ Ree~e Dl-trlct to appr~ ~te wl~n t~ North N~p~e~ F~re Control ~d Reeve D~etr~ct ~ ~t~. 00 C10116 Page 24 ~ 8, JggO · Xtem#lOC R~OLUTZON 90-250 C&.T.,LING FOR A R~'F~q.B~ID~ ELECTION N&FT,~ ,XI~ CONTROL J~D I~SCU~ Dx~rRICT TO D~I'~II~ IF TH~ ~T~CTOR~ ~~ ~ DX~I~ ~ ~S~SSINO ~ COLL~XN~ ~ X~A~ ~ ~R C~XT~ ~~ OW ~ CO~~XOW ~XW ~ ~T CO~L ~ ~S~ DXS~CT - ~D CmAmmA~mr Sm~dmrm ~ved, mmconded ~ Co~tmmtonmr Vol~ ~d c~l~ 4/0, t~t Rmmolutlon 90-250 cml1Ang for ~ rmfmrmn~ mlmct/on etth~ ~ ~t Mmplmm FArm Control ~d Rmm~m Dtltrlct to ~t ~ collect/on of ~ l~mct f~ for cmp/tml 00 C10120 P~ge 25 May 8, 1990 ':;: ...... I~OL~TXOI[ ~O-25! CALLING FOR A ~~~ ELECTION ~ZN ~ ~CO ~ ZS~ YZ~ COBOL DI~I~ T0 DE~I~ ~F ~ EL~OR8 ~0~ ~ DI~I~ ~ ~S~SSINQ ~ COLLE~IN~ ~ I~ACT ~E ~R C~IT~ ~ oe ~ co~u~o~ ~r~ ~ ~co ~s~ ~ co~o~ Co~lealoner Saundere novsd, seconded by Coutaetoner Volpe, that R~solution 90-251 calling for a referendu~ election within the Narco Xelaml, Fire Control and District to appr~e asseas~nt ~d collection ~ l~ct fee for capital l~r~e~nte ~ adopted. County Attorney Cuyler stated that he understands from the Supervisor of Elections that the Board may want to consider requiring election costs to be paid prior to the election. He said the rationale Is that there may be problems relating to the legislation dealing with the Incorporation of Marco Island, adding that the pro- cess may become Involved with the Incorporation Issue at a later time. Normally, each district pays election costs of 04,000.00 after the election, but In this case the circumstances may be different, he noted. Commissioner Hasse Inquired when the Incorporation will take place, to which Mr. Dorrlll responded that the election con- cerntng Incorporation will take place this fall. Mr. Dorrtll said there Is a potential conflict between the Independent fire district and the City of Marco Incorporation, because they are on the same ballot and Ms. Morgan has brought that point to the attention of staff. Commissioner Saunders said he does not feel a need to require payment up front on the cost of the election and he will not Include that tn the motion to approve the referendum election. If the elec- tion is successful and Marco Island Incorporates, he is certain there will be a mechanism for reimbursement to the county, he stated. Commissioner Hasse asked Mr. Cuyler If he Is In agreement and he commented that there may be a delay tn reimbursement, but ultimately the county will recover the monies. Co-missioner Volpe said the issue is that of ensuring collection and he asked if this Is a matter which should be addressed by Ms. Morgan, a Constitutional Officer, when the Page 26 Nay 8, ~990 ~": necessary arrangements are made for placing this on the ballot, Coulasioner Volpe asked If the Narco Island Ptre Dlatrtct had budgeted the funds for the election and Nr, Cuyler said they are required to pay the costs and Staff assumes the montes will be there when It comes time to pay, but Ns, Norgan simply ~ants to bring this -attar to the Board's attention at this time, ~r, Cuyler added that .~?~. the ~atter may be out of the Fire District's hands when Incorporation ['~'.~ becomes Involved, C.o~lssloner Volpe satd he feels that this should be ~'" required up front and Commissioner Saunders asked that a separate ..~ sotton be taken, ~ all ~or th~ ~tt~, t~ ~tt~ carrl~ 4/0, -'~: c~fltct tn co~ectlon with this referen~ election c~ce~tng lncor- ~rati~ of ~co Isl~, t~ ~rco l~2~d Fire District ~y the costs ;~- of t~ ~fer~ election In a~uce. 00(1Cl0125 Page 27 and th/s As not a referendum election for that, rather, At 1~ a referendum pursuant to legislation, In this case Involving salary requirements and attendance requirements of Fire Commissioners. County Attorney Cuyler said there Is need to adjust the lan~age In the Resolution on the first pass because the ~estton presumes that the voters are voting on a $~5 a month salary ~hen tn fact the Commissioners already receive a 9~5 a month salary. He continued, noting that the purpose of the legislation la that a Fire .Co~lssloner ~111 forfeit his salary if he falls to attend meetings. He read Into the record proposed lan~age: "Do you approve Chapter 89-451, Laws o~ Florida, ~hlch amends Chapter 87-498 Laws of ~lortda, to provide that each district co~tsstoner that falls to attend at least one scheduled co,lesion meetln~ during any ~tven month shall forfett the $75 co~lastoners, salary ~or that month...and providing tha~ if any district co~tssloner Is absent for t~o consecutive months o~ scheduled meetings ~lthout sufficient cause, such co~tssloner sh~ll autouttcally be dismissed from the District Board." Coalssloner aasse asked if the replacement statutes concerning the commissioners, discharge require a ~overnor*8 appointment until the next election? ~r. ~uyler indicated that ts correct. Commissioner Volpe asked if this means a failure to attend one meeting a month? Yes, Mr. Cuyler said, forfeiture of salary would occur If a com- missioner misses one reeler meeting tn a month and that Is tn the starts. The referendum election ~estlon simply tracks the statute, he mmld, and this election ~111 take place in November rather th~n 9eptmmbmr. Commissioner Volpe Indicated he has a problem ~lth a :*~'dlmclpl/nary type of action to be taken asainst thoae elected public o~tc/ala ~ho have a co~ttment to public eervtce althouffh he Page 28 May 8, 1990 understands the purpose and inability to function in the absence of cosmtssIoners. Commissioner Haese said that when there are only three commissioners there, It Is vitally important for all three com- missioners to be In attendance. He noted that If a commissioner can miss two regular meetings prior to removal, he believes that Is suf- ficient ttme for a commissioner to arrange his schedule to fulfill his duties as a fire commissioner. Commissioner Saunders asked Mr. Cu¥1er If this board has any discretion In the matter, and he responded that the board has no discretion to change the ballot question and Its only responsibility was to call the election. ~ ~1~ 4/0, t~t le~lutl~ 90-252 c~lltng ~ ~fer~ electl~ wt~ ~ ~1~ Gate ~lre C~ol ~d Rel~e Dtltrlct for o~ ~tl~ ol ~tt~cs ~d al~ r~tre~t fo~ c~tsst~rs of ~t Dls~tct ~ 00 £10130 Ha~8, 1990 · Ztem ~11Al&2 '" 190 - Zt~ ~12A Frank Blanchard, Chairman o~ ~he Marco Island Beach Nourishment Co~lttee, ~nformed the Board that the consulting engineer ~s ~n the process o~ preparln~ ~or the beach nourishment. He s~ld that they must ~o back to the ~overnor and Cabinet to settle the starting date. The Issue of the lease term Issue has been re~olved b~ the consulting engineer, he said, end at this point the Count~ DNR ~nformed the F~or~da DNR ~ha~ ~he~ objected ~o an Au~s~ ~ s~ar~ da~e for ~hls pro- Jec~. Mr. Blanchard Informed the Board that the co~ttee has met with D~ representatives and B~ll Lorenz, Administrator of ~nvlro~enta~ Services, and are now ~n Possession o~ a letter ~rom Mr. Lorenz dated Ma~ 7, 1~90, stipulating that the beach nourishment program cannot support en~ date ~or project start any earlier than Septem~r ~. However, he continued, the letter goes on to state that the D~ wll~ not object to a September 1 start d~te with conditions that the turtle nesting activity essentially be completed b~ September 1 and that the work beg~n at the north end off the temporar~ t~on easement alon~ Hldeawa~ a.d Tlgertall beaches, and tha~ pl~n~ and storage o~ construck~on materl~s may be be~ Au~st staging areas approved by Collier County Natural Resources and ~d Recreation Departments. The ~et~er continues with conditions be met for this activity, Mr. a sea turtle relocation plan which can be ~lemented by May 5. Mr. Blanchard saUs since the letter ~ dated May T, he would l~ke to clar~ffy that Mr. B~chard said that a contractor baa been hired to get the cea turtle monitoring tn place Immediately. He added that the Beach~ront Advtso~ Co~tttee reluctantly agrees w~th this date change but Page 30 'i ' Nay 8, 1990 suggest8 some clarification of wording, dates, etc. Nr. Blanchard asked for the Board to do thio today and, apart from those concerns, the Advisory Committee agrees to the conditions. Commissioner Hesse asked about the sentence cont&intng a date of October 1, 1990 commen- cement. Mr. Blanchard said back in January they were looking at a July 15 start-up In discussions with the Governor and the Cabinet. However, he continued, Mr. Charles Lee of the Florida Audubon Society raised questions about the feeding habits of the least terns and the Governor and Cabinet changed the date to October i. Mr. Blanchard says they must go again before the Governor to get it changed to a different date, and that is why they are before the Board today, in order to determine what date is appropriate. Mr. Blanchard said he ts :? requesting a date change from October to September 1. Commissioner ;i'i] Saundera asked what action Is needed by the BCC today, a resolution to 'i' begin the work on September 1, 19907 Mr. Lorenz Interposed that it ts '~".' a public petition with a staff recommendation and it is not certain ~ :' that the Board needs to make a formal motion unless It wants to go on · .'~, record to endorse a September ! start date. Mr. Blanchard said they have to have something to show Tallahassee that the County ts working ii'. on one firm set of plans. Mr. Lorenz said that the work should be started at the northern end of the beach area and proceed toward the south, commencing September 1. Commissioner Hesse asked Mr. Lorenz If ? that date would give ample time for the turtles to nest and for the ,;., 'Conservancy to relocate the nests If necessary? Mr. Lorenz said there ~ii.i are three concerns involved in protecting sea turtle activity, one ts that you have Incoming turtles nesting May, June, July and part of 4%' August. The problem, he said, with the August 1 date is that it would affect the turtles arriving in August. He added that the concern ']~;' staff has with an August start-up is that the turtles hatch from the :?. nest in 60 to ?0 days Incubation time and the turtles will be going out to sea tn July, August, September and October. In August, Mr. 'Lorenz noted that 45 percent of the turtles will be going out to sea and then starting at a September deadline the turtles will be re/o- O0o, ClOl 5 .,~ .... Page May 8, 1990 cared to the southern part of that central portion so they will move out to sea at that particular locality. If construction can be staged to proceed from north to south, by the time the activity reaches the southern portion, most of the turtles will have gone out to sea, he said. Commissioner Hasse asked if the Conservancy will take an active part in relocating these nests if necessary? Dr. Fran Stallings, representing the Conservancy, said they are concerned with the August start-up date because it is in the middle of nesting season. The State has given a date of the first of October and the Conservancy sees no Justification for starting earlier, he said. The Justifica- tion put forth was bad weather, and he notes that Mr. J. Allen Hough said that the time of year made no difference. Dr. Stallings said that petitioning the Governor and Cabinet to advance the date one month is a waste of money, and as far as protecting the turtles is concerned, the October ! date is far better. Commissioner Volpe asked if Dr. Stallings disagrees with county staff and he said not necessarily, but the Conservancy would prefer an October ! starting date because it protects the turtles better, and would avoid additional expense. Commissioner Hasse asked if Mr. Lorenz agreed with Dr. Stallings that September ! is not the comple- tion of the nesting cycle? Mr. Lorenz said if one wishes to reduce the risk of affecting hatchltngs down almost to zero, then the start date should be November 1. He said he feels that the impact will be reduced to a tolerable level by beginning the work at the northern end of the work area, and moving the date to September ! As an accom- modation dependent upon phasing the work stages. Mr. Blanchard spoke to the issue of weather patterns later in the year and quoted from records showing days that dredges could not operate in various months in 1988-89 on the Captiva project. In August, he noted, zero days down, in March 38.39 percent lost time or about fifteen days down, at a cost of about $25,000 per day to keep a dredge in place, even if it is not working. 00fl( 9136 Page 32 May 8, 1990 Dr. Stallings referred to a memorandum to John Paterson, Division of State Lands, from J. Allen Hough, Florida Marine Research Institute which addressed that very question and indicated that the Research Institute found that inlet dredging, shoal dredging and renourish- merit projects can be conducted year-round without unusual adverse impacts from weather. Weather related delays, were unpredictable, ' year-round phenomena and not restricted to winter months, Dr. Stallings quoted. Mr. Ken Hummlston, Coastal Engineering Consultants, commented that the contents of that letter are based on Information that refers to communications with dredging contractors who wish to remain anonymous. He says he has done an analysis on this subject because of involvement with estimates for construction in former work with dredging companies. He added that he has information from these contractors that the difference in cost between summer construction and winter construction is based on weather data that the weather is more severe in the winter than in the summer, dramatically affecting floating equipment by wave artery. Damage can occur where heav~ wave action is encountered, he said Commissioner Saunders indicated he plans to move to approve the September l, 1990 start date for the Marco Island beach nourishment project ~lith conditions stipulated by staff, although this will be contingent upon Mr. Lorenz' concurrence that the date is satisfac- tory. Commissioner Hasse asked Mr. Lorenz if he is satisfied with that date, and is this turtle an endangered species? Mr. Lorenz said the loggerhead turtle is a "threatened" species and it will be mainly loggerhead turtles nesting in this area. He further stated that all the speculation connected with starting dates are all probabilities, both the movement of sea turtles and weather which might occur Since they will be releasing the turtles in the south while the work commen- ces at the northern end of the area, and based upon the information provided by the engineers, it is probable that the turtles will move out to sea unaffected by the dredging, he concluded. Commissioner Seunders asked if the construction a¢:tivAt¥ proceeds Page 33 i~.?~ May 8~ ~990 '~'~'' rather more quickly than anticipated, will staff be ~n a position to ~c~ stop the activity in order to protect the turtles? That is no~ :~:' ~ncluded in the petition, Mr, Lorenz sa~d. .. Co--~esioner S·unders noved to approve the petition to begin the ' Narco Ill·nd be·ch nour~shaent project on September l, 1990, but Af f!~-:' ther~ Am an ~ndZc·tton from the County*s EnvAronnent·l ·genc'F that there is · potential negative tnpact upon the released hatchllngs, county stiff ha~ the &uthority to hilt the construction until the hatc~l~ng~ hav~ be~n safely releued. i Commission Hasse said he feels that the Conservancy should be con- '': suited as well in the matter of turtle protection because of their ?~:~:' knowledge of the loggerhead turtle species. Dr. Stallings indicated [:... he is more comfortable with the October ! date but that is the Board's to make. Mr. Blanch·rd said the work will begin in the northern section which Is rocky terrain and it will be a number of weeks before the work reaches the south end. Commissioner Saunders asked Mr. Lorenz if he is satisfied with the motion? Mr. Lorenz said he is, add~ng that there will be about 100 nests to protect ¢o~/se~oner Goodn~ght seconded the ~otlon. She then reminded the 8oard that this is not a Marco Island pro- ject, it is a Collier County project She said regardless of the Advisory Board's statements, the Board of County Commissioners will make the decisions and bear the responsibility. Commissioner Volpe raised the question of Wiggins Pass dredglng start-up date and asked that the two projects be coordinated. The consultant said they would confer with county staff on that matter. Upon call for the question, the motlon carried 3/1 (Co~eelone= Page 34 M&¥ 8~ 1990 Deputy Clerk Ro~mn replaced Deputy Clerk Beech VARIANCE FOR OVERNIGHT LIVING QUARTKRS U-HTZL MAY 22, 1990 FOR mCHRIST IS TB~ AN~M~I~' R~VIVAL MEHTING TO BE H~LD ON TH~ CHLUM~Ky PROPERTY ON U.S. 41 - AFIq~OVID WITII COgDITIOW~ County Manager Dorrlll advised that this Item ts a request rela- tive to the current revival crusade that is tn town. He explained that he understands that the request Is for the Commission to waive the overnight camping conditions. He related that the "Christ Is The Answer Crusade" does have a special events permit, and all conditions are being met. Mr. Larry Hammond stated that he ts the Southwest Field Director for the Full Gospel Bustnessmen,s Fellowship and the sponsor of the subject group. He reported that the crusade has been active tn 10 different countries, and they have never experienced any accidents, f/res, or anything of that nature. He indicated that the group recently came to Naples from Ft. Lauderdale where they were motivating the young people during spring break not to use drugs, alcohol, or participate In crime, etc. He explained that the crusaders have, for the past slx years met at the Washington Monument under the first invitation of President Reagan. He advised that they did a remarkable Job in fighting the crime and dope situation tn Atlanta, and Mayor Andrew Young presented them with a proclamation for their fine work. Mr. Hammond Informed the Commission that the people involved tn the crusade are al/ volunteers, they live day-by-day as the Bible says, and they work strictly for the moral uplift of the communities. He indicated that the group will be going to Immokalee and they may bus people to the revival in hopes of motivating them to a more moral life. He advised that efforts will also be made In the river area of Naples and McDonald's Quarters. Mr. Hammond expressed his Gratitude for the special events permit which was received by the crusade, and noted that they have met the conditlons of same. He indicated that at the end of the crusade, the 000 C 0172 Page 35 Nay 8, 1990 property will be left tn better condition than it was when they arrived, as part of an agreement with Mr. Chlumsky, and therefore, he is requesting that a variance be granted to allow 15 or 20 persons to stay on the grounds overnight. He related that he understands these tyFes of variances have been granted In the past to groups such aa circuses. Co~tsstoner Hasse remarked that the circuses have always been a problems to the residents in the area: the influx of people, traffic, etc. He called attention to the fact that the particular site that is being occupied by the crusade is one of the most heavily traveled areas In Collier County, and he suspects that the revivals will be attended by a large number of people. Mr. Hammond replied that the meetings will be held after the rush hour traffic. Commissioner Hasse suggested that the persons Involved tn the crusade take advantage of staying at one of the RV parks in Collier County since many of them are not presently filled. He advised that he feels that the group ts doing something very admirable and posi- tive, but he does have concerns about this type of overnight living taking place within close proximity to a residential area. In answer to Commissioner Saunders, Mr. Hammond advised that the vehicles involved are campers, mobile homes, and there ts one small bus. He advised that some of the vehicles are equipped with bathroom facilities, but a number of port-o-lets have also been rented. Commissioner Saunders stated that he has received a note regarding the noise from the revival, and a complaint relative to sewage, and he asked Staff If the toilet facilities are adequate? Con,unity Development Servtces Administrator Brutt replied that he ts unaware of any such problems, and noted that the temporary use per- mit was reviewed and the site plan illustrates four portable toilet facilities. :: as many as 50 persons being housed in buses. Commissioner Volpe indicated that he was Informed that there were Mr. Hammond replied that Page 36 Hay 8, 1990 an accurate accounting would be more tn the neighborhood of no more than 20 or 30 people, and there are 8-10 vehicles Involved. Hr. Dale Toil, North Naples resident and Vice President of the Full Gospel Businessmen Fellowship International, stated that 2 to 4 persons will stay In each vehicle. With regard to cooking facilities, he advised that one vehicle serves as the kitchen where the meals are prepared. Commissioner Hesse questioned whether any of the RV sites within the County have been explored? Hr Toll replied affirmatively but noted because those that are Involved In the crusade work without pay, they are not financially able to occupy these sites. He explained that many of the members Include families with children, and all the money that ts collected through donations Is given to the church for missionary work. Commissioner Saunders stated that the situation is whether or not the Commission Is going to permit the crusade of 25 or 30 people to stay on the site In 10 vehicles, plus or minus He said that he would like to make a motion to approve the variance, subject to conditions, If those Involved would be In agreement. Commissioner Smunders moved, seconded by Commissioner Shanahan, to mpprov~ the variance nbJect to tho condition that County Manager Dorrlll be the designated muthorit~Z to sliminess, remove, or rescind the variance, within his discretion if he ftnd~ anything that him concern, Idditional vehicles than have been represented. Iddittonal people than have been represented. Proble~ associmted with noise, or with the number of people re, aiming on the sits after the revival is closed for the evening. 4. Rsmlth, noise or police type problems. Mr. Toll affirmed that Commissioner Saunders" conditions are acceptable. In answer to Commissioner Volpe, Hr. Hammond Informed that many of '-.;the vehicles do have shower facilities, and the cooking takes place tn Page.37 May 8, 1990 one vehicle in a well equipped kitchen. He related that most the people will not be on the site 24 hours a day since they will be preaching throughout the community. He Indicated that many of the area churches have supported this endeavor. Commissioner Volpe stated that he would have preferred, rather than being put Into the position that the Commission has been placed In, that some of the area churches would have accommodated the finan- cial needs of this ministry. Mr. Toll replied that the financial needs of the ministry will be provided for. Commissioner Volpe questioned whether granting this variance would be a violation to any of the County's Zoning Ordinances? Mr. Brutt advised that under the Temporary Use Permit for sports events, reit- 9tous events, and community events, the placement of temporary signs, merchandise, temporary structures and equipment, and temporary mobile homes as an office ts permitted, but not for residency. County Manager Dorrtll advised that there Is a separate section In the ordinance relating to fairs, expositions, and carnivals, and these requests are granted routinely for those types of events. He noted that there has never been a problem as it relates to fairs and ~.,j..carnlvals. Assistant to the County Manager Olltff explained that events for circuses and carnivals fall under a separate ordinance, but they are allowed to have on site living facilities and inspections are con- ducted by Staff to ensure that those conditions meet Code. Commissioner Saunders advised that his motion is very implicit In that regard since Mr. Dorrtll may stop the operation for any health or safety reasons that he finds. Commissioner Hasee requested that County Manager Dorrtll see to it that everything Is tn place, and that the County Inspectors and the Inspectors from the Health Department be Informed of the situation. County Manager Dorrlll stated that dally inspections will take place. Ulmn call for the question, the motion carried 4/O. . Page 38 May 8, 1990 e~, C~lssioner 0oodnlght m~ved, seconded by Coaatsstoner · almd~r~ and carried 4/0, that the following ite~ under the Con~ent &genda be &pprov~dand/or &dopted: eeee Item~14A! R~80LUTZON 90-253, AUTHORIZING PRELIMINARY ACCEPTANCE OF THE ROADWAY, DIqAZNAG~, #AT~R & S~R Z~RO~S IN ~GLE C~KK KSTA~S AT ~GLK ~ CO~ CL~ ~ ACCK~ZNG LK~KR OF C~DZT ~OM D~LOPKR ~R ~l~E OF S~ ~R NlXl~ OF O~ ~ - ~ STI~TION$ 1. Accept the Irrevocable Letter of Credit as security for main- tenance of the infrastructure until the Board of County Commissioners grants final acceptance of all improvements. 2. Authorize the Chairman to execute the Maintenance Agreement for Preliminary Acceptance and Resolution authorizing preli- minary acceptance. 3. Preliminary acceptance of improvements will not become effec- tive until water and sewer facilities have been conveyed to Collier County Nater-Sewer DistrAct. Zte~ el4&2 CR&xII~MI ~O EI[~CUT~ SATXSFACTXOM OF · Nllq[ &I3EIIT FOR 3ANXE ~ SNZTR See Page Item 4~14&3 ~-t%'OltDllg OF TI~ FZ!A~ PLAT OF "NZLLOUGHBY PZ_N~_$" - #ZTH STZ~'uI-ATZO~. 1. Accept the Escrow Agreement as security to g~arantee comple- tion of the Subdivision Improvements. 2. Authorize the recording of the final plat of "Mllloughby Pines". 3e Item el4&4 Authorize the Chairman to execute the Construction and Maintenance Agreement. That no Certificate8 of Occupancy be granted until the required Improvements have received preliminary acceptance. 00'"254, /'ZILILLACCKPTANCE OF ROADWAY, DRAINAGE, M&TKRAID ~ Il "WKST CRONB' POINT~", (FOIq34KRLY 131OWl AS LOCH -wr1~ ~rlP~,a?zo~ Authorize the Chairman to execute the resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. See Page-:~ f -.,,.- Item #14A~ 00 CI9176 Plgl 39 May 8, 1990 !*RESOLUTION 90-255, FINAL ACCEPTANCE OF "MOON LAKR, UNIT 1. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2, Authorize the release of the maintenance security. See Pager .~-~ / Item #14A6 RECORDIJ~J OF THE FINAL PLAT OF "LAKE AVALON PROFESSIONAL CEIFTER# . WITH 8TXFULATION$ Accept the Irrevocable Letter of Credit as security to guarantee completion of the subdivision improvements. Authorize the recording of the Final Plat of Lake Avalon Professional Center. 3o Authorize the Chairman to execute the construction and main- tenance agreement. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. That no building permits be issued until the four lane entrance road Is submitted to an approved by Project Review Services. 6. Upon submittal of plans for approval for the remaining por- tion of the PUD, an appropriate easement shall be provided to accommodate drainage from this site. Item #14A7 RESOLUTION 90-256, CREATING A CITIZEN TECHNICAL ADVISORY COMMITTEE TO gOJO~WIT7 DKVELOPME~ OF A ~STER P~ ~oa THE I~O~lE P~INa See Pages Item #14A8 Moved to 9A! Zte~#14B1 ACCEPTANCE OF WARRANTY DEED TO BE UTILIZED FOR RIGHT-OF-MAY PURPOSES lt~ ~14B2 ',' IASEMENTAGRE~M~NT FOR ACQUISITION OF RIGHT-OF-WAY FOR THE NORTH N~.,~ ltOAIN~Ay MUNICIPAL SERVICES TAXING AND BENEFIT UNIT (LIVINGSTON ROAD,PARCK/~ 11-16) - WITH STIPULATIONS Authorize the Chairman of the Board to execute the attached Purchase Agreement; Authorize staff to prepsre related vouchers and warrants for payment; and Authorize staff to proceed with the related real estate closing transaction and to record with the Clerk of Courts 000Cl9177 Page 40 May 8, 1990 all appropriate documents in the Public Records of Collier County. See Pages ~ Xte~14B3 A~E~I' I~:TAXNXNG JOE N. FIXEL, P.A., IN AN AMOUNT NOT TO EXCEED 040,000, FOR PURPOSES OF I~PR~SENTXNG COLLIER CO~ ~~~ ~R ~ CO~ATXON~OT~AT~O~ ~ ~P~TXON FOR ~X~ ON ~XNXN~ P~CELS ~T ~ NOT SE~LHD IN T~ S.R. 951 Item See Pages THREE PARTY rUHDXNG AGREEMENT FORRECEXPT OF 0698,800 XN STATE GRAXTS .FOR THI POLYg'Y~LE P~OJECT AT THE I.'T:-.0KALEE AIRPORT See Pages~ Item t14C1 RESOLUTION 90-257, ESTABLISHING AN ANIMAL NEUTER/SPAY PROGRAM AND .ANIMAL CA.q~ AND TREATMENT PROGPJ~M AND RESCINDING ~SOLUTION 87-239 See Pages "~' ' Xte~#14D1 NATIRAND SEWER FACILITIES ACCEPTED FOR GATES MILLS IN WILLOU~HBY ACRES -- ~ ~Z~TiONS 1. The Florida Department of Environmental Ee~lat~on furnishes a letter authorizing to place the sewer system ~nto service and approving the water distribution system for service. 2. Bacteriological testing has met the County,s requirements. 3. The Fire Flow requirements of the project have been satisfied and the F~re DistrAct furnishes a letter accepting the fare hydrants for o~ershAp and maintenance. See OR Book /5.~40 Pages 1493-1504 ~' ACC~PTABCE OF EAGLE CREEK COUNTRY CLUB, TRACT D WATER FACILITIES WI~ ~Z~TIONS - 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 hydrants for ownership and maintenance. xtemel4D3 See OR Book _1530., Pages 1004-1022 Page 41 Hay 8, 1990 ' aeRImlrr BETWn~ COLLXn CO~fl'r &eD ~ ~ CO~~ ~S~ YZ~ 9PERATXJffO & TRAXWXWO ra~Tr.v~ .uu°n.~'..A__~l,A~ilqOOM FOR TH~ PURPOSE OF .... .,- - -.~ ,nn AJ~JUN~ OF $2.400 AbnuALLY Xtu #14[3 RK$OLUTXON 90-258, KSTABLXSHXRG TI~ PAY TXTLK OF ASSISTAITT COUHTY &TTOBIlIT IX AT P&Y (3RA_~[ P132 Xtem #14F1 IMERelBCYPORC~ASE OF A~ g~OXn ov~.e, tur, fOR THE comrr~ a~LXCOPT~R WIT~ AVIJ~,L O, -~&~t~S XN J~ ~ WOT TO ~.,, $30,000 Xt~e14F~ BXD ess 9001523, BI~S MZNOR MKDXCAL SUPPLXKS AND 90-1529, t' I~I~DXCATXOBI TO VA~!0UaVIWDOI~ Legal notice having been published Jn the Naples Dally News on February 2, 1990, as evidenced by Affidavit of Publication filed with the Clerk, bide were received until 2:30 P.M. on February 28, 1990, to consider Bid #1523, EMS Minor Medical Supplies and Bid #90-1§29, EMS Medications. BID~I~-1849 lfORRKFORBXSlFZI~CJATYPK IIX MOEX2LARRKSCUIAMBULAXCE TO .AKRC) PROlX/CTS O, ~---~J~JMOOD, IK__~R_XDA XX ~ns J_~ Off ~48,012 ~ Legal no~ce having ~een ~ub~L8hed In ~e Naples ~atl¥ New8 .,-. March 23, 1990, 88 evidenced by Affidavit of Publication flied wlth · the Clerk b/ds were received until 2:30 P.M. on April 18, 1990, to consider Bid #90-1§48, for refurbishing a Type III Hodular Rescue Ambulance. ~ELT~O~OFMO~XL~ CO~ POST V~XCL~ PROPOSAL8 AIIDRJ'P d~90-1546 To ~&~I:FTMIC~ 0F DRAT-I-AC~ ~_~l~pet~?f FROM cor, x, XKlq C~.~z HO~FOXIE~ A~J:n0~l~: Page 42 Hay 8, 1990 ::' BID ~)-lBl~, COlq~fRUCTZOW OF BECURITYF~RCZRG FOR NAPT,~ &lid * ~ OF $18T,1B9 Legal notice having been published tn the Naples Dally News on N~rch 8, 1990, ~s evidenced by Affidavit of Publication flied ~lth the Clerk, bids were received until April 11, 1990, to consider Bid ~90-1519~ Construction si Secu~tty Fenclng. ra~ coLr. z~ comrr~ com~r~ous- - .... i~--?as--A~-zTz°~L Ztem #14Z1 REAPP0~ 0F KRI~ST Iq. FREEMAN TO THE COLLIER COUNTY :,, ;i zt..- ii':: ]lllTlqA ~&Zll T]ll~ FOR I~T~ NO~S 16922, 38863r 33943r AlqD 58880 !.~.; :'-' :S&TZ~JJiTfZOlq OF LZ~N~ FOR S~RVZC~S OF ~ha PUBLIC D~adD~R The following miscellaneous correspondence was filed and/or referred to the various departments as Indicated below: 1. Letter dated 3/16/90 to Property Owner, from Robert H. Lord, Project Planner, Community Development Division, Planning Services, Collter County, re a public hearing of the Planning Commission to be held 4/5/90. xc: Flied. Letter dated 4/24/90 to Chairman Hasse, from Ronald Davis, Chief Bureau of Housing, DCA, re Community Development Block Grant, Contract #9ODB-49-O9-21-O1-HO§. xc: Nell Dorrtll, Frank Brutt, Russell Shreeve and flied. Letter dated 4/26/90 to Chairman Hssse, from Robert O. Nave, Chief Bureau of Local Planning, DCA, re adoptton of the Comprehensive Plan Amendments on 5/1/90 instead of 4/24/90. xc: Nell Dorrtll, Start Lttslnger and flied. Cl0180 Page 43 May 8, 1990 Letter dated 4/26/90 to Chalrman Hasse, from Patrlck Kenne¥, Environmental Specialist, Florida DER, re Collier County - HRR, File #111791615, 111790715, enclosing short form applications involving dredge and fill activities in Collier County. xc: Nell Dorrlll, Bill Lorenz Frank Brutt and filed. , Letter dated 4/26/90 to Chairman Hasse, from Bobby Adams, Orants Specialist Supervisor, Florlda DER, re FY 89-90 Recycling and Education, Waste Tire, and Small County Grant Funds. xc: Nell Dorrlll Bill Lorenz Frank Brutt and flied. ' Notice of Public Workshops dated 4/20/90 from DER, re Rule #'s 17-660.200, 17-660.801, 17-660.803, and 17-660.804. xc: Nell DorrilI, Bill Lorenz, Frank Brutt and flied. Letter dated 4/26/90 to BCC, from Tony D. McNeal, Engineer, Bureau of Coastal Engineering and Regulation, DNR re Request for Public Comment, File Number: CO-247, Applicant Scottsdale Company. xc: Nell Dorrtll Bill Lorenz, Frank Brutt and flied. ' 8. Legislative Alert Dated 4/26/90 from James C. Shipman, Executive Director, F/or/da Association of Counties, to the County Commissioners re Service Charges on Local Government Trust Funds. xc: Nell Dorrill and filed. 9. Fax dated 4/25/90, from Leone F. Strickland, Florida Land and Water Adjudicatory Commission, Executive Office of the Governor, to Chairman, re Development Order 90-1, Regency Village of Naples Development Of Regional Impact. xc: Nell Dorrlll, Frank Brutt and fl/ed. 10. Minutes Received and Filed: A. 3/22/90 Library Advisory Board B. 4/12/90 Marco Island Beautification Advisory Committee and agenda for 5/1/90. C. 3/15/90 and 3/26/90 Collier County Planning Commission and agenda for 5/3/90. 11. Notice To Owner/Preliminary Notice to BCC from Farreys Wholesale Hardware, advising that they have furnished fin- ished hardware for the Collier County Health Services Building, under an order given by Mid-West Glass. xc: Nell Dorrtll, Steve Carnell, John Yonkosky and filed. 12. Notice To Owner/Preliminary Notice dated 4/27/90, to BCC from Sar-T-Green of Miami, Inc., advising that have furnished ren- tal equipment for the Collier County Courthouse, under an order given by Service Painting of Florida. xc: Nell Dorrlll, Steve Carnell, John Yonkosk¥ and filed. 13. Copy of Notice To Owner dated 4/25/90, to D. N. Hlggtns, Inc. and Hartford Fire ~nsurance from Florida Cnntrsctor Rental & 8ales, Inc., advising that they have furnished rental equip- ment and suppltes for the South Service Area Regional Sewer Systems, East and South Naples Waatewater Collection Facilities, Contract #4, undsr an order gtven by Willie White. xc: Nail Dorrtll Steve Carnell, John Yonkosky and flied. ' 14. Copy of Notice To Owner dated 4/25/90 to Gulf Constructors, Inc. and Seaboard Surety Company from Florida Contractor P,P.f, f 018i Page 44 May 8, 1990 16. 17. Rental & Sales, Inc., advising that they have rum{shed equipment rental and supplies for the South County Regions! Wastewater Treatment Facility, under an order given by Thompson Trucking. xc: Nail Dorrill, Steve Carnell, John Yonkoaky and filed. Notice To Owner to Collier County dated 4/24/90, from Explosives Tach International of Florida, Inc., advising that they have furnished materials and services, under an order given by Jim Owens Excavating Co. xc: Nell Dorrill, Steve Carnell, John Yonkosky and filed. Copy of Letter dated 4/19/90 to Seaboard Surety Co., from Key Wallcovering, Inc., advising that they have furnished wallco- raring materials for the Collier County Government Center. xc: Neil DorrAll, Steve Carnell0 John Yonkosk~ and filed. Notice To Owner/Contractor to Board of County Commissioners from Highway Va/ets, Inc., informing that have furnished pavement markings and reflective pavement markers for Collier County Project C.R. 951, under an order given by Better Roads. xc: Nell Dorrlll, Steve Carnell John Yonkosky and filed. ' Public Not/ce dated 4/30/90 from U.S. Environmental Protection Agency Region IV, Water Management Division - Ground Water Protection Branch, Notice of Intent to grant an exemption for the continued underground injection of hazardous waste and Nottce of Public Hearing, re Kaiser Aluminum & Chemical Corporation. xc: Nei/ Dorrtll Bll! Lorenz, Frank Brutt and f~led. ' Letter dated 4/24/90 from Virginia Helm Caustic, Town Clerk, Town of Penney Farms, enc2osing Resolution, expressing con- cern for the ~nequitab2e distribution of Federal Grant Funds aa compared to the amount of Federal tax dollars paid by Florida taxpayers to the Federal Government. xc: Nell Dorrtll, Ken Cuyler, and fi]ed. Ther~ beAng no further busAness for the Good of meeting ~as adjourned ~ Order o~ ~he ChaAr - TA=e~ BOARD OF COU~ C~ISSI~RS... BOARD OF ZONING'A~ALS/~X ,~ ' SPECIAL DISTRICTS U~E~ ~TS " CONTROL ~ ".. ' ~,; ,, . '/.~JAMEB C. GILES, CLERK · as presented by the Board on~ or as corrected Page, 45