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BCC Minutes 05/22/1990 R :. Naples, Florida, May 22, 1990 : LET IT BE REMEMBERED, that the Board of County Commissioners in ~';ilmnd for the County of Collier, and also acting ae the Board of Zoning i!! i ~Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business · herein, met on this date at 9:00 A.M. in RK~ULAR SESSION in Building ~:. "F" of the Government Complex, East Naples, Florida, with the ;.i,-following members present: CHAIRMAN: Max A. Hasse, Jr. VICE-CHAIRMAN: Michael J. Volpe Richard S. Shanahan Burr L. Saunders Anne Goodnight ALSO PRESENT: James C. Giles, Clerk; John Yonkosky, Finance Director; Sherry Keaton, Recording Secretary, Harriet Beech and Ellis Hoffman, Deputy Clerks; Neil Dorrill, County Manager; Ron McLemore, Assistant County Manager; Ken Cuyler, County Attorney; David Weigel, Assistant County Attorney; Don Hunter, Sheriff; George Archibald, Transportation Services Administrator; Kenneth Baginski, Planning Services Manager; William Lorenz, Environmental Services Manager; Ray Bellows, Ronald Nino and Robert' Mulhere, Planners; James Reardon, Emergency Services Administrator; Michael Arnold, Utilities Administration; Sue Fi/son, Administrative Assistant to the Board; and De.;uty Byron Tomltnson, Sheriff's Office. Page May 22, ~990 A~ ~ CONSENT AGENDA - APPROVHD WITH C~GIS Co~eelo~r S~~ ~ved, seconded ~ Co~ieeloner G~ight /' ~ c~ri~ 5/0, tha~ the agenda ~d consent agen~ ~ appr~ed with the following chan~ee: 1. Items #68! - DRI-89-2, 7A! - FDPO-89-4, and ?A2, V-89-6 (Companion items to DRI-89-2) - requesting development appro- val of "Cedar Bay Marina," a full service recreational boating facility - Continued to 6/5/90. 2. Item #6B10 - Holes, Montes and Associates, representing Cynwyd Investment Management, amendment to Ordinance 82-2 (Off-Street Parking) - Continued to 6/5/90. 3. Item #11D - Presentation of September 30, 1989 Comprehensive Annual Financial Report - Continued to 5/29/90. 4. Item #12A - Ira Evans regarding proposed One-cent Sales Tax - Added. §. Item #14H1 - Recommendation to rescind award of a contract to Basic Water Systems, Inc. for Bid No. 89-1513 - Withdrawn. 6. item #13A - Request to be heard first. 7. Item #14H2 - Approval of Change Orders for Courthouse - Moved to 9H1. 9o Item #9F1 - Emergency Services presentation and recommendation regarding Indigent Health Care Clinic in Immokalee - To be heard at 9:30 A.M. Item #6B2 - R-90-3, request for a rezone from RMF-6 to RSF-5 for Immokalee Habitat for Humanity - Continued to 6/5/90. 10. 11. 13. Item #6B3 - R-89-29, request for a' rezone from A-2 to PUD known as Livingston Road Country Club - Continued to 6/5/90. Item #6B4 - PDA-90-1, An ordinance amending Ordinance 84-6, for Toll Gate Commercial Center PUD - Continued to 6/12/90. Item #6C1 - SMP-90-4, requesttn9 subdivision master plan approval for "Mission Village" - Continued to 6/5/90. Item #6C2 - DOA-90-1, Development Order amending DO-84-1, for Toll Gate Commercial Center - Continued to 6/12/90. Item #6C7 - SMP-90-2, requesting subdivision master plan approval for Villages of Monterey - Continued to 6/19/90. Itel #i NtNUTES 0F I~GUr_-~R ~WTING OF APRIL 3, 1990 - APPROVED C~ootoner S~~ ~v~, seconded ~ Co. Isotoner Go~tght ~d c~r!~ ~/0, that the minutes of the Re~lar ~ettn~ 1990 ~e approved ae preaented. Page May 22° 1990 Co~tsmtoner Hasse presented E~ployee Service Awards to the following five e~loyees for five yearm of service: EathrFn M. Nell, County Attorney's Office Ra3,~ond E. Smith, Environmental Services RaF~ond H. Ognibene, Utilities/Waste~eater Grace Langstaff, Human Resources (Pool) #illia~ D. Lorenz, lnviroruaental Services Item #23A ADDXTIO~ OF SIXTEEN (16) DEFUTXE$ AS COURT BAILIFFS A~ COURTIIOUSE S~X~'S O~ICE - ~O~D Sheriff Don Hunter presented his request for appropriation from the General Fund for the hiring of sixteen (16) personnel, 14 cer- tified deputies and 2 civilians. He said he is requesting the Board's ?..support so that he can carry, out his state mandate to provide court v~.:~Se~urity under Chapter 30 to provide services and bailiff security to ~.-:the new facility. He noted that the Commissioners have been provided "~ with a preliminary security plan as requested by Commissioner Volpe at the meeting on May 15 and requests that it remain confidential, being sensitive information. Sheriff Hunter informed the Board that Judge Blackwell, Circuit '::'~ Court Judge for Collier County, has recessed court in order to be pre- sent to answer any questions; Deputy U.S. Marshal Cads11, Supervisor of tha U.S. Marshal's Office in Fort Myers; and Deputy U.S. Marshals Dagel and Dahl who have conducted security surveys of the new facility are also present. Sheriff Hunter reminded the Board that the U.S. Marshal survey ~" has recommended 26 people and he is requesting a total of 2~; he has 7 on staff and his request is for 16 additional staff. Commissioner Hasse questioned the numbers of certified deputies, mentioning that from the private sector there are armed personnel available, fully uniformed, and trained to do this kind of work. He asked Sheriff Hunter if that had been investigated and the Sheriff responded that the few counties currently employing security from the private sector Page Nay 22, 1990 are stopping that practice for several reasons, the most important ~':ibeing there is no control, except contractually, for operation of the i,!.i private security firms. The training provided varies greatly between :~.such firms and the Sheriff's Office must provide specialized training in the operation of the magnetometer (metal detector); these indivi- : duals must be neat, well-groomed and courteous. Unfortunately, he added, they are not permitted to enforce the laws of the State of Florida, cannot do more than make a citizen's arrest and summon a law [!i::enforcement officer. Commissioner Hasse asked as to the total funds requested and Sheriff Hunter responded that for the remainder of this fiscal year, the request is for $24S,0SO for fourteen deputies and two civilians, for next fiscal year, $S60,720. Commissioner Volpe asked about the disparity in total amounts, close to a quarter-million dollars for July to September SO, .but when annualized, it is only $580,000. Sheriff Hunter answered that the first amount includes start-up costs (training, radios, pagers and capital expense), that will not be included in next year's budget. Commissioner Volpe inquired about the $1600 charge for office supplies and other opera~ing expense, is that also a one-time charge? Sheriff Hunter answered that office supplies are an on-going cost, budgeted at $800 for next year. Crystal Blankonship, Sheriff's Finance Director, said such an item will include such things as maintenance on pagers and equipment as well as office supplies, but she does expect it to be reduced next year from the initial start-up. Sheriff Hunter added that training continues on a monthly basis for all bailiffs and internal security staff. Commissioner Hasse said perhaps this issue can be moved along in time since the courthouse is not completed and the start-up date is unknown. He asked if perhaps some of the items could be postponed and start out with a partial appropriation? The Sheriff said it was most important that the projected actual opening of the new facility is schedttled for the fall and he must have his new deputies in the Law Enforcement Academy for certified State training of three months' o0 :C10Oll Page 4 May 22, 1990 ii!duration and field officer training to provide for actual induction ~ and orientation into the new facility to acquaint them with the ~.~ electronic devices. He explained that the new deputies are scheduled :to begin training in the June session of the Academy, will be locally trained during September and will be ready to take on full-time duties ~i~ .:during the month of October. · Commissioner Goodntght said that according to State Law, Chapter 30.15, the Sheriff is mandated to handle the security in the Court i facilities, he must provide security services for the Judges, Jury %<: members, and in the courtrooms. Commissioner Volpe questioned if it is not provided by private security at present. Sheriff Hunter explained that two private security people handle the portal at the ~'i.' front of the building. Commissioner Volpe said, due to State Law, the County does not have the.option to go to private security. The Sheriff said that is correct, the only area using private security can be at the portal, with the magnetometer; however, the Judges are recommending against using private security at that entrance because they feel the law enforcement presence is needed at that location. Commissioner Shanahan observed that as of January 1, 1990, there were 5.5 Judges and it has increased to 7, adding that it seems that the number of new security positions requested is exorbitant for 1.5 more Judges on staff. Sheriff Hunter said it is the professional assessment of the building and security requirements that the number requested is needed, and that is minimal. U.S. Marshal Cadell explained in answer to a question from Commissioner Volpe that a number of counties are using private security Just at the entryway to the buildings and all these counties have decided to use law enforcement deputies instead. The U.S. Marshal's Service is doing the same thing, he said. Commissioner Volpe asked about a dollar comparison between private security and law enforcement deputies and Sheriff Hunter said that had been done, ' paying $8.15/hour for current private security, will pay $14.42/hour for law enforcement and $10.82/hour for security civilian deputies. O0 CIIO012 Page 5 May 22, 1990 Commissioner Volpe asked about holding cells In the new facility, and all those cells be put into use at the same time? Sheriff Hunter mentioned that there wlll be 18 holding cells compared to the one cell tn the old building, requiring both male and female certified deputies · to guard inmates segregated by sex and age, and he addressed problems encountered in the past with the use of only one cell, necessitating offenders with the tn which is seating public courtrooms, a security violation. He pointed out that even if the upper floors are not yet in use, security sweeps must be done morning and evening before and after the building is opened and closed. Gommiesioner Saunders asked U.S. Marshal Cadell how the number 26 was arrived at and he responded that Marshals Dahl from Atlanta and Marshal Dagel have inspected the facility, which is excellent; based on their observations they recommended 27, and Sheriff Hunter has reduced that to 23. This is adequate, but very conservative, he said, because after a few years more law enforcement deputies may be required. He commented that there seems to be more people prone to violence, more desperate individuals who take great risks, and this creates a need for greater security. Marshal Cadell mentioned that using law enforcement deputie,? lessens the liability tn case of injury or death in a crisis situation. He noted that it can easily cost more in the long run to save on costs now by using private security. Commissioner Volpe asked County Manager Dorrill when the Courthouse will open and he answered probably by October 1 and that i?!~,the first three floors will be put into use immediately. Commissioner Volpe asked Sheriff Hunter if there is some way he can use private security with some law enforcement people for the fall quarter, and commence with a full Staff of certified deputies in January. The '~, ~:i Sheriff said that if he has to do that, there would be payments of premium overt/me rates from October to December and it would result in payments one-and-a-half times for the positions at that staffing OOf 'C[O013 Page 6 · Nay 22, 1990 ;level, versus the amounts proposed in the Sheriff's plan, and the !County would be taking on liability for injury and death as well. Judge Blackwell said the old courthouse was adequate for the needs ~ of Collier County back in 1962 and it simply doss not fit 1990 Collier County. He added that the new courthouse is adequate to the need but it cannot be staffed and protected with the same kind of staffing program that is used in the old edifice. The Judge says that in court cases one deals with unknowns, with potential for disaster. For example, he addressed one civil case without a Jury that included a physical attack and a bailiff was needed to prevent serious injuries. He said that domestic dockets, criminal trials, jury trials, all need protection by an adequate staff. Commissioner Volpe asked the Judge about his requirement for one bailiff for 80 hours mentioned in the analysis and Judge Hayes requiring one bailiff for 40 hours. Judge Blackwell said there iea ~-..misunderstanding of the docket procedures. When he sets jury trials, ~'!" .he explained, they are set in two-week intervals, and non-Jury trials are set in one-week intervals. Judge Hayes at the time of the analy- sis was docketing Jury trials in one-week intervals, but the actual number is one bailiff/week, he said. Sheriff Hunter informed the Board that he is predicting a deficit in total man hours available of 435 hours/per annum that will have to be manned with deputies, even .~wtth the requested positions. C~iesAoner Saundere ~oved, seconded b~ Co~aleeloner Goodnight, to a~reve the addition of sixteen deputiee &e cour~ bailiffs and courthouse security for the Judicial Procese Divielon of the Collier C~unty Sheriff's Office, and notify the Sheriff that his budget for 1990-91 will receive intense scrutiny. Commissioner Volpe asked if the deficit hours will be made up with overtime and the Sheriff said yes, where appropriate, although the deput~s will have other duties too; for instance, there are 9,000 warrants waiting to be served and if bailiffs have any spare hours they can help serve these criminal warrants. Commissioner Hasse asked Page ? May 22, 1990 Jail personnel can serve warrants, and the Sheriff noted that they not permitted to serve warrants tn the State of Florida, except for within the Jail facility. He is now attempting to achieve cross- certification tn order to limit future manpower increases in road patrol and today, he added, there are only one dozen certified. Commissioner Volpe asked Mr. Dorrtll if the new building will be ~,...occupied in August or will it be occupied in October? Mr. Dorrill said the building will be complete under contract terms on or about August 15, but then it will 9o through a punch list process with engi- neers and all employees in Building A will be relocated into the new ,.building and it will be open and ready for court and fully staffed, on or about October 1. Oom~ission~r Ho]me called for the vote. The motion carried 3/2, Carnal#loner ltasse and Co,missioner Volpe opposed. e,,, l~cordtng Secretary Keaton replaced Deputy Clerk Beech · Tape ~1 l~O~r-~ AR~A PATX~ITS FOR NON-SCHEDULED ~DICAL CAR~ PRO~qA~ - Mr. James Reardon, Emergency Services Administrator, stated that the project team involved tn this program has implemented a 90 day shuttle program, has studied a mid-term solution for non-scheduled medical care tn the Immokalee area, has identified the costs and revenues associated with providing the non-scheduled medical care in the area and has condensed this into a 24 month time period to allow the medical community of Collier County to determine a long term solu- tion for the problem at hand. He stated that the team has developed a consensus on organizational, relationships and has determined an accurate cost analysis associated with the program. He noted that the items and costs are reflected in the Executive Summary. Mr: Reardon stated that the Organizational Relationship allows Collier Health Services, Inc. (CHSI) at the Immokalee clinic to employ, by contractor, various emergency medical specialists. He noted thet Naples Community Hospital will asstr, t In providing recruit- 000£10015 Page 8 May 22, 1990 '!!meat and staffing capabilities for the clinics endeavors. He further noted that the County will commit to a mid-range, short term plan to reimburse the clinic for the medical team expenses and other support services. Mr. Reardon indicated that a twelve month commitment to funding ';'this program will total $535,996.00 and that the County's funding requirement will be $359,640.00 annually and will include personnel, pharmaceuticals, insurance, shuttle and contingency costs. He further noted that Collier Health Services will contribute $164,353.00 for one full year of services. He indicated that user fees from patients, grants and private funds will be approximately $12,000.00 per year. Mr. Eeardon stated that contributions or gifts to this program can be handled in a tax deductible manner. He noted that the total fiscal impact to the county shall not exceed $109,104.00 for the remainder of FY 89-90. He further noted that Collier Health Services will contri- buts $54,800.00 which includes personnel, pharmaceuticals, insurance, shuttle and contingency services. He stated that this will allow the private sector to recruit the general community to provide assistance which will offset costs that may be incurred by the County government. Mr. Reardon stated that the County's indisputable position has been to assist in providing for a mid-range solution and not to enter into the hospital business. He noted that the crisis on hand requires some general government movement and obligation in order to resolve the.mid-ranqe issue. Mr. Reardon indicated that discussions with members of the busi- · ness community in the Immokalee area have taken place. He noted that the members of this community want to be part of the l(;ng term solu- tion. Mr. Reardon stated that the recommendations in the Executive Summary will allow county staff to move forward in implementing this program on or about June 1, 1990, will allow the county to continue with ~he shuttle through the end of this budget year, will allow staff to gain experience which may modify the budget figures and will allow Page 9 ~' ~: . Nay 22, 1990 ~:'. var.ious sponsors, concerned citizens and the community at la'rge to assist in offsetting the county's cost that is required in order for this program to move forward. Mr. Reardon stated that part of the grant the clinic receives identifies primary health care as their objective in servicing the requirements of the grant. He noted that the Emergency Medical Services are also contained within the public health code. Assistant County Attorney Weigel stated that the information that has been received concerns funds that are available for an entity such as CH$I. He noted that they are largely grant funds, and provide the allocation expenditure of the funds that are received. Commissioner Volpe questioned if the CHSI contribution of $164,353.00 is from grant monies? Mr. Weigel stated that CHSI has the flexibility to allocate toward emergency care and other services. Mr. Reardon stated that the $164,353.00 services provided by CHSI will be costs that the County will incur if setup is done on its own. He indicated that since the County is sharing the facility with CHSI, there are advantage opportunities to the county such as: x-ray ser- vices; offsetting part of the pharmaceuticals costs; laboratory ser- vices; medical records; billing for Medicaid, Medicare, and billing and an increased cost that the clinic will absorb from its insurance carriers. He stated that in order to offset some of the cost, the clinic is leasing a trailer at $18,000.00 per year to relocate an OB . unit. .". Commissioner Volpe questioned if there is grant r~oney that will be available for this program through CHSI? Assistant County Attorney Weigel answered affirmatively and stated that the Federal Code definitions include emergency care as part of primary care. He noted that it was affirmed that emergency care is not part of the funding that CHSI is receiving, therefore, it is appropriate that the County fill the gap for the funds. 0,0£C10017 Page 10 May 22, 1990 f~.~; . Commissioner Volpe suggested that members from the agricultural community should be a part of the project team. Commissioner Goodnight stated that Immokalee is the residing area for people who work in Collier County. She indicated that there are contractors, hotels, motels and an agricultural hub in Immokalee. She ~questioned how the agricultural community can be assessed when other counties and areas are utilizing labor from the Immokalee area. She indicated that these laborers are not property owners in Collier ~County. The following people spoke in favor of this item citing that the 'oal of the medical and general community is to provide primary health care services for residents of Collier County who have difficulty 'accessing the care due to a lack of funds; the general public, migrant workers and indigent people are in great need of primary health care; /'.':; a large number of people are being denied proper health care due to a , lack of emergency medical staff supplies and funding, and in order to ~upply a proper level of medical care; these items must be provided; and stated that health care should be provided for all people, regardless of their race, status or financial situation: Mr. Larry Aiken Dr. Quarto Dr. MacDuffee Ms. Edna Rubles Ms. Maria Marquez Rev. Howard Allen, Sr. Rev. Ted Klees The following persons spoke in opposition to the item and stated that the funding of this project should be made through private donations and not through charitable donations from the County. Mr. George Keller Mr. John Keschl C,e~Aea~oner Goo~night ~ved, seconded by Co~isstoner Shanahan ~ e.~tt~i~d u~ni~ously, to t~le~nt the pr~ with C~test~r ~~t ~stltt~ in the collection of f~ds; to aut~rize the C~ ~r to create ~ e~n~ble t~st ~ for the proJect~ to ~r~ t~ f~ ~th f~dtng pro,esl; to agr~ to rei~se ac~l ~ of CHSX~ to ~tend the ~rrent contract with Yell~ Cab, Xnc. to ~t~= 30, 1990, ~d allocate $12,600 fo~ t~t se~ice; to Page 11 Kay 22, lggO ~rtxe Staff to ~ve ffo~rd in iaple~nting this pr~ ~ or ~t 3~ 1, 1990, tO Sqte~r 30, 1990. 'ss ~ Clerk Hoff~ replaced Recording 5ecreta~ [eaton at thim time Oo=issloner Goodntght requested that Item ~A3 be heard at this time. She advised that there ts a group of citizens present from I~okalee ~ho have been. ~atttn~ since early this morning with regard to this petition. , ~lNl ~ FX~T ~I~D ~ODI~T C~CH OF ~~I~ A ~ ~ V~I~CE ~R ~OPER~ LOCA~D AT ~ NOR~ST CO~ OF 9~ 8~ NOR~ ~ ROBOTS A~ (3~ A~) - ~D S~ ~ STI~TIONS Legal notice having been published in the Naples Daily News on May 6, 1990, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition V-90-6, filed by Robert E. Davenport, First United Methodist Church of Immokalee, Inc., requesting ' 10 foot variance fro. the required front yard setback of 30 feet to 20 feet for a proposed addition to an existing structure in an RSF-3 zone, for property located at Roberts Avenue and Ninth Street North in Section 4, Township 47 South, Range 29 East, Collier County, Immokalee, Florida. Planner Milk stated that the petitioner is requesting a 10 foot variance from the required front yard setback of 30 feet to 20 feet along the southern front yard of his property. He noted that the variance, if approved, will allow the construction of a new entry i foyer adjacent to the entrance of the First United Methodist Church building. He indicated that the proposed foyer is approximately 15' x 26' and will serve as a reception area. Mr. Milk explained that the subject property is zoned RSF-3 and is a corner lot, therefore, it has two side yards and two front yards (gth :;treet and 3rd Avenue). He said Third Avenue i3 the front yard where the proposed variance is requested, noting that this street Is a Page May 22, [990 i~ihe&vlly traveled roadway, encompassing both car and semi-truck vehicu- ilar traffic. Mr. Hilk reported that in reviewing this petition, Staff has found .that granting this variance will not be in harmony with the general intent and purpose of the Zoning Ox'dinance. He indicated that Staff also concludes that the proposed 15' addition would bring the struc- ture too close to Roberts Avenue (3rd Avenue) and if approved, would .set a precedence in Immokalee. He noted that Staff is recommending denial of this request. Hr. Hilk advised that the Collier County Planning Commission held their public hearing on Hay 3, 1990, and unanimously recommended approval of this petition. Commissioner Goodnight stated that the church was built in the early 1950's and in the 1960's an extension was added. She explained that the front of the church is located on Roberts Avenue (3rd Avenue) and there is angle parking. She indicated that a parking lot has been constructed on the side of the church and the intent is to have parking in the lot to alleviate the problem of angle parking on the road. Hr. Milk advised that once there As an encroachment in the set- back, a variance is required. He noted that the building is located on a fairly large tract of land and is pushed up to the setbacks, but it does mee'~ all front yard, side yard and rear yard setbacks. He stated that there is paved parking in the front of the church, and he has concerns relative to the traffic that is generated on that road- way. Tape ~ Commissioner So.odnight suggested that "No Parking" signs be erected on Roberts Avenue since the parking lot will accommodate the !~: vehicles. Mr. Milk stated that he agrees with Commissioner Goodnight's suggestion since the building is currently located 35' from the pro- perty line and the pet~tioner is requesting that it be extended to 15' Page 13 May 22, 1990 i~i~roa the property line. i~, . Commissioner Goodntght advised that Roberts Avenue ts strictly a local road which abuts the Immokalee Park and the high school. She explained that services at the Methodist Church, with the exception of a special occasion, are held on Sunday and Wednesday evening, and those are the only times that there will be any Impact on traffic from the church. Commissioner Goodntght asked the petitioner if he objects to "No Parking" signs being placed on Roberts Avenue where there was pre- viously church parking? Mr. Robert Davenport, representing First United Methodist Church, informed the Commission that'in March, 1989, he talked to Staff about the proposed structure and he was told that the building was built prior to the Zoning Ordinance requiring two front yard setbacks and there would be no problem. He related that money was raised for this project, and a contract was written. He indicated that in January, 1990, the contractor applied for the permits and on his third trip to the County he was informed that the Zoning Ordinance would not allow the addition. Mr. Davenport advised that the church ts currently exited via Roberts Avenue, but with the proposed addition, exit will be made to the west to .the parking lot, or to the east, to a grass area. He indicated that the new parking was Installed three years ago to remove the parking from Roberts Avenue since it was a safety hazard. He stated that he does not object to "No Parking" signs on Roberts Mr. William Newsome, member of First United Methodist Church, stated that he would appreciate the granting of the variance. There were no other speakers. ~e~lon~r (~ocatnight ~mved seconded by Co~ission~r c~rl~d unanimously, that the public hearing be -.lowed. C~e.~ai~elon~r Qocatntght ~oved, seconded by Co~atsmioner Volpe and ca. Tied u~ani~n~ly, that Petition V-90-6 be mpprca~ed, thereby on ~to~rte Avenue. 00(~C10022 Page May 22, 1990 FFfZTZ~ R-S9-22, (COMPANIO~ TO PU-89-18), KRIS A. DAN~, OF COASTAL ~1~/~ CONSULTANTS, INC., ~S~INQ ~S~, INC., ~ A ~ZO~ ~ A-2 TO RO ~ A C~IOX PR~SION~ US~ ~R A ~I~, ~AT ~, ~STA~, ~IVA~ CL~S ~ YA~ ~A~ ~ OF ~NITA B~ RO~ (C.R. 865), ~PROXI~Y O~ MILH ~ST OF V~ILY DRI~ (C.R. 901) - C0~I~D TO 6/19/90 TO CO~LI~ C~ P~IN~ C~ISSION TO R~I~ ~ SI~ P~ Legal not,ce having been published in the Naples Dally News on May 3, 1990, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition R-89-22/Tempustech, Inc., represented by Kris Dane of Coastal Engineering Consultants, Inc. Commissioner Volpe suggested that the discussion for the Companion PU-89-18, Item 7B1 also be heard at this time. Planner Milk stated that the petitioner is requesting a rezone from A-2 to RO and a Companion Provisional for a marina, boat ramp, private clubs, and yacht clubs for property located south of Bonita Beach Road, approximately 1 mile west of Vanderbilt Drive. Plarnrler Milk advised that on May 18, 1990, the petitioner withdrew · his original request for a restaurant, Provisional Use "M" and sub- mitted a new site plan and revised traffic impact statement. He indi- cared that the intensity of use would be greatly reduced, and based upon the Level of Service of the existing roadway, Staff' recommen- .dation will not be changed. Commissioner Saunders indicated that he believes that it would be appropriate for the site plan to go back to the Collier County Planning Commission (CCPC) for their review, since they had previously . ~ voted 8/1 to deny the petition. He noted that the CCPC may react more :..'favorably to the new plan. f Attorney George Vega, representing Tempustech, Inc., stated that ' the actual change will be more palatable, and therefore, he feels that the petition could be heard. Planner Milk advised that prior to any change Staff's initial [:~'i.i recommendation was for approval, subject to Bonita Beach Road being brought up to an acceptable Level Of Service adopted by the Trafflc Page 16 Nay 22, [990 tlon Element. Commissioner Hasse stated that he believes It would be to the "Petitioners advantage to have the petition go back to the CCPO. Attorney Vega Indicated that he ts willing to postpone the pett- Cemmlsmiomar Saundsra ~ov~t, ~econded by C~s~r S~ ~ ~~ ~I~IF, t~t ~tttlon R-89-22 ~d Petition ~-~9-1~ ~ ~t~ t~ J~ 19, 1990, to-~ble t~ Plsnnt~ Coailst~ to ~t~ ~ c~ to the sits plan. ~!ir~.~Tl~~-89-18, (COmPaNION TO PETITION R-89-22), KRIS A. DANE, OF COASTAL ~N~I~N~ERING CON~ULTANT~, INC., RHPRESKNTING T~MPUSTECH, INC., ~IN~ A PROVISIONAL USE "B", 'N' AND "N" OF THE RO ZONING DI~FHICT FOR A MARINA, BOAT RAMP, ~$TAURANT, PRIVATE CLUBS AND YACHT CLUBS FOR PROPE1TI'Y LOCATED SOUTH OF BONITA BEACH ROAD, APPROXIMATELY ON~ NIL~ NEST OF VANDERBILT DRIVE, ADJACHNT TO LITTLE HICKORY BAY - COETINUHD TO JUN~ 19, 1990, TO ALLO~ SUFFICIENT TIM~ FOR TH~ NEW SITE PLAN TO BE I~EVINWED BY THE COLLIER COUNTY PLANNING COMMISSION The discussion relative to thls petition was heard above with Companion Item R-89-22. ['" ~ ORDI~I~IC~ 90-38, 1~ PETITION Z0-90-5, COt~R3NITY DEVELOPMENT D~SION 6.!0,'~~~ S~U~S - ~D ~!~.. Legal notice having been published Naples Daily News on May in the 3, 1990, as evidenced bY Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition :ZO-90-5/Co~:untty Development Division requesting an amendment to the '~Zoni'ng Ordinance by amending Subsection 6.10, "Non-conforming structures". f,?' Planner Hoover explained that the Community Development Division i~: ts requesting an amendment to the Zoning Ordinance, by amending Subsection 6.10. He noted that basically, this ts a housekeeping !% measure. He noted that this amendment would allow a more accurate i.i:: review when analyzing the criteria for non-conforming use alteration ~;. petitions. Mr. Hoover advised that the Collier County Planning Commission Page ~a¥ 22~ ~990 ~held their public hearing on May 3, 1990, and have unanimously recom- lended approval of this amendment. There were no speakers. ,and carried unant~u~l¥, tha~ the public hearing be cloled. Cold.toner Shanahan m~ved, seconded b~ Co~satoner ~mdnt~ht mhd carried unant~ously, that the Ordinance as numbered and titled bel~e be ~pted and entered into Ordinance Book No. 38: ORDINANCE 90-38 AN ORDINANCE AMENDING ORDINANCE NUMBER 82-2, TNE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY BY AMENDING SUBSECTION 6.10, "NON-CONFORMING STRUCTURES", OF SECTION SIX, "NON-CONFORMING LOTS, NON-CONFORMING USES OF LAND AND WATER, NON-CONFORMING USES OF STRUCTURES AND PREMISES, AND NON-CONFORMING ONARACTERISTICS OF USES", TO PROVIDE CLEARER REVIEW CRITERIA FOR THE GRANTING OF CERTAIN EXEMPTED NON-CONFORMING USES BY THE BOARD OF ZONING APPEALS; BY PROVIDING FOR CONFLICT AND SEVERABILITY; AND BY PROVIDING AN EFFECTIVE DATE. Xtel t~17 OHD~IAI~3~ 90-39, I~E P~TITION R-go-/, JOHN BARBKR OF AGNOLX, BARBeR AND BI~HDa~, XE., I~P~SENTING QKORGK W~]~J~HR, ]~T AS., REQO~STX]I~ R~ZON~ FRO~&-] TO ~ FOR X NIX~D R~$IDENTIAL AND CO~9~ERCIAL D~VELOPM~Ff FOR TH~ ~.I~2t~D FUD F~OCATED AT THE SOUTHWEST CORNH~ OF I~OEALEE ROAD AND C.~. 951~ CO~ISTIN~ OF ~$0 ACRES - ADOPTED SUBJECT TO STIFULATIONN Legal notice having been published in the Naples Daily News on May 3, 1990 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition R-90-1/Agnoli, Barber and Brundage, Inc., representing George Werner, requesting a rezone from A-2 to PUD to be known as Richland PUD, located at the southwest corner of Nap/es-Immokalee Ro~.td (CR-846) and County Road 951, located in Section 27, Township 48 South, Range 26 East, Gollier County, Florida, consisting of 150 acres. Planner Nino informed the Commission that this petition is a :[.request to rezone to PUD for property located on the southwest corner of Immokalee Road and CR-9§i. He indicated that site contains 150 acres and is within an Activity Center. He related that the project would consist of 150,000 SF of mixed commercial development and 650 · dwelling units. ~:::.... Mr. N!no advised that the project has been reviewed for con- Page 18 Hay 22, 1990 siatency with the Future Land Use Element (FLUE} of the Growth Management Plan, and is consistent with said FLUE. He noted that during the review process, a number of stipulations were developed and are included in the PUD document with the exception of some minor revisions which have been communicated to the petitioner and he has agreed to make the modifications. Mr. Nino explained that on May 3, 1990, the Collier County Planning Commission held their public hearing, and unanimously recom- mended approval of this project. He indicated that there has been no p~blic opposition relative to th~s petit~on, and Staff is recommending approval. Commissioner Volpe noted that it is anticipated that this project will be completed in 4 years, and suggested that a time period be established to commence construction. Planning Services Manager Baglnskt concurred with Commissioner Volpe's suggestion. He noted that there are numerous circumstances when the time limits are not fulfilled and the petition should be brought back for review. He advised that staff is currently working on amendments to the Zoning Ordinance, and these issues need to be considered. He related that generally when the developer is ensuring the infrastructure of roads, sewer/water and utilities there is a Good monetary portion of the development Community Development Service~ Administrator Brutt called atten- tion to Page 23 of the PUD document which :~tates the sequence of deve- lopment is to be developed over an estimated four year period. He stated that he recommends that the developer be required to specifi- cally indicate what will be accomplished wtthi~h 24 mcnths, and if of this is not in the ground by that time, the project will come back for reconsiderat~on of rezoning back to the original zoning. Commissioner Saunders related that if the the zoning is approved, regardiess of the timetable, once construction has commenced, the pro- Ject t~ vested. Commissioner Volpe stated that he feels that a mechanism should be 00 £10030 Page 19 ~i ' Nay 22, ~990 "Implemented so that during the re-evaluation process, Staff should be '; putting time periods on all of the PUD"s. Mr. Brutt indicated that the best way to do this would be a speci- !. fic amount of time to pull the permit to begin construction for the infrastructure. Commissioner Saunders questioned whether the petitioner would agree to commence construction or pull the building permit within a S year period, and if this does not occur, the project would come back to the Board of County Commissioners for review and if it is deter- mined that the developer is not proceeding in good faith, a rezone petition to down-zone the property would be instituted. Attorney Pam Mac'Kie advised that this PUD is subject to con- .currency and as construction commences, it will not cause the same problems that were caused by the old PUD's. She indicated that she does not believe that this project should suffer since it is on the "edge of the change from the old to the new. She noted that she does !% ~ not feel that it is fair to pose something on this project that has not been done for other projects. She stated that if it would solve the concerns of the Commission, the petitioner will commit to commence construction within 4 years. Attorney Mac'Kie informed the Commission that 15 acres of a 40 ~. acre commercial activity center will be used for commercial, and 9.2 residential units per acre are allowed, but there will only be 5 units ~-~er acre. She explained that if Staff did review this project tn the future, and It was rezoned with its maximum dens/ties, it would be much more intense than the project that is being proposed. Mr. Brutt suggested that Staff prepare a position paper relative to the manner in which time limits can be established for review by ~" the Commission. He indicated that within 2 weeks a policy will be developed, and either staff will or will not incorporate same into each of the petitions, depending on the direction of the Board. Mr. George Keller, President Collier County Civic Federation, ii.:. stated that the Commission should be consistent with their action and Page.20 '' : May 22, 1990 ':::?:' that a 5 yea~ limit be established for all PUD projects in- :the future. Mrs. Mac'Kte requested a definition of "commencement of !~C0netruction". Mr. Ming replied that "commencement of construction" 'in the Zoning Re-Evaluation Ordinance is defined as "substantial". : It was the consensus of the Commission that a 5 year time limit be established. There were no other speakers. ~:,: ~teelo~er ~aund~rm ~oved, seconded by Co~ismione~ ~ni~ht ~n~ c~ie~ unani~ousl¥, that t~ ~blic hs~ing ~ close, ¢~e~ieel~ner Volpe ~ov~d, meconded by Co~tssioner ~i~t ~ =i~ ~~ly, t~t the Ordtmce as n~red ~d tttl~ ~1~ ;?.' ~ ~~, ~J~t to the Stt~lattonm u aFad to, ~ the a~i- tional mtii~lation that the petitioner will co--ncc constr~ctton, · o~i~t~t with definition within the Zoning Re-lvalu~tton Ordinance, ORDI~[ANCE 90-39 AN ORDINANCE AMENDING ORDINANCE NUMBER 82-2 THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING TIiE OFFICIAL ZONING ATLAS MAP NUMBER 48-26; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A-2 TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS RICHLAND PUD, FOR A DEVELOPMENT OF SINGLE AND MULTI-FAMILY RESIDENTIAL AND ACTIVITY CENTER RELATED LAND USES, LOCATED AT THE SOUTHWEST CORNER OF NAPLES-IMMOKALEE ROAD (CR-846) AND COUNTY ROAD 951, LOCATED IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 150 ACRES,' AND BY PROVIDING AN EFFECTIVE DATE. O~DINA~ 90-40, RE PETITION R-89-15, D~I~HT NADEAU OF ~Y i ~~, P.A., ~S~IN~ ~OR~E ~ ~ ~ ~TIN~ ~ : ~ZO~ ~ A-2 ~ P~ ~ AS "SIL~ ~S" ~ ~R A D~O~ ~N~ZBTI~ OF P~/~L ~IL~ ~C~TXON~ ~ICLE~ ~ ~BILg H~ ~A~ ~ ~ ~T SIDE OF SR-95~, ~PROXI~TgLY 1-3/4 MILKS Legal notice having been published in the Naples Daily News on May 3, 1990, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition R-89-15/Wtlltam C. McAnly Associates, P.A., representing George and Sandra Downey, requesting an amendment to the Zoning Ordinance and Zoning Atlas Maps Hay 22, 1990 changing the classification from A-2 Agriculture and "E" Estates to "PUD" to be known as Silver Eakes for a park/travel trailer recreational vehicle (Park/TTRVC) Development cons/sting of 146 acres, located on the east side of SR-9§I, approximately 1-3/4 miles south of East Tamiamt Trail (U.S. 41), in Sections 10 and 15, Township"51 South, Range 26 East, Collier County, Florida. Planner N/no explained that this petition is a rezone request con- s/sting of 146 acres of land and is proposed to develop 400 recreational vehicles sites and 185 mobile home sites. He indicated that the petition has been reviewed for consistency with the Future Land Use Element (FLUE), and has been determined to be consistent with the density rating system. He indicated that the project will provide an interconnection with the adjacent land, thereby qualifying for 4 dwelling units per acre. Mr. Nino affirmed that environmental, transportation and utility issues have been reviewed by Staff, and there is consistency with all aspects, with the exception of the transportation issue: at buildout, the project will exceed 5~ impact of Level Of Service "C". He advised that Staff has recommended that this project be commenced with a timing schedule concurrent to the improvement of aR-951. He noted that commitment is stated in the PUD Document, Page 10-8. Commissioner Hasse indicated that SR-951 is currently very heavily impacted, and questioned why Staff is in agreement with this t~e of iiiii::': development before the improvements have been made. Mr. Nino advised that the stipulation that was agreed to at the CCPC meeting, allows the project to be approved but does not allow ~he issuance of building permits to proceed until the 4-1aning of SR-95! from Mainsail Drive North has taken place. He indicated that the developer concurs with this stipulation. In answer to Commissioner Hasse, Mr. Nino explained that the deve- loper will build the roads, install the sewer and water, but not apply for any building permits to place the RV's or mobile homes until com- mencement of the 4-1aning of SR-951. He noted that the developer has Page 22 Nay 22, 1990 j. affreed that the balance of his project, 1.e. 385 units would commence · . !~. upon completion of the 4-1aning to Marco Island. He noted that he will proceed with 200 of the 585 units concurred with the widening of SR-951 from Mainsail Drive north. Commissioner Shanahan suggested that no building permits be issued until the first 2/3's of 5R-951 from U.S. 41 to Mainsail Is completed. Chief Transportation Planner Perry advised that the mitigation that is suggested by either Policy §.1 or 5.2 ts acceptable. He noted that both are reasonable forms of mitigation. Commissioner Saunders stated that he. wants to make sure that the restrictions that are implied for an individual project are tn compliance with the Comprehensive Plan. He explained that he is uncertain whether building permits can be denied until that road > -se~ent ts completed. ~' Mr. Perry Indicated that according to the strictest interpretation of Policy 5.1 the rezoning of this project cannot be approved unless the Commission finds that adequate mitigation has been provided. He reported that In past petitions, adequate mitigation has been the phasing of a prdJect up to the 5~ level. He Indicated that this par- ticular rezone petition Involves a very severe roadway condition and the project sponsor has suggested no building permits until the road Is under construction, but while the road is under construction, he will be able to build up to the insignificant level of Impact of Commissioner Saunders stated that if no building permits would be pulled for this project until the roadway ts completed, a moratorium ~..~' ts being imposed as it relates to this one project, and questioned whether it would be appropriate to impose a moratorium on building permits that affect that roadway segment? Mr. Perry indicated that a precedent has already been set on this road since part of the Marco Shores DRI cannot obtain building permits %nlti1 tile road is four-laned at the Isle of Capri turnoff. He stated that he feels that there is a distinct difference between previously 00 CJ0034 Page 23 ~).,;. May 22, 1990 i:~ approved vested zoning where there is a 5 year window. Commissioner Volpe noted that this particular development allows [~ i for tents. He indicated that this project will have park models and recreational'vehicles, and noted that he has concerns with regard to the allowed one tent per lot. He questioned whether Staff knows the desired amount of RV parks that are needed in Collier County? Planner Nino stated that staff has not engaged in any market ana- lysis of the ultimate need for recreational vehicle campgrounds, but noted that there are approximately 4,000 available spaces and 12 or 14 approved RV Parks. Commissioner Volpe called attention to the fact that the developer has been able to bring this proposed development into conformance with the Growth Management Plan by providing an interconnection to the adjoining property, and questioned the location of the interconnect? ~ Mr. Nadeau referred to the displayed plan and noted that the . interconnect will be made for future land use to the north, and stated that it will provide for a looping situation for easy access for emergency vehicles. Mr. Nino advised that the petitioner has included a provision in the PUD document indicating that this is an unencumbered public road available to the residents outside and inside the park. In answer to Commissioner Volpe, Mr. Nadeau informed that there is no agreement with the adjoining property owner, but explained that the Density Rating System from the Comprehensive Plan requires that access is provided for. Re noted that since the applicant has no idea what the adjoining use may be, staff has advised that an tnterconnection of the future development with the subject site may be required for approval. Attorney John BruGger stated that the interconnects around the 'County have been frequently used, i.e. King's Lake into Lakewood, and 'Four S~asons into Regent Park. He indicated that hie client has no way of .quaranteeing that the adjoining property owners will take advantage of the interconnection, but it will be provided. 00 £10o35 Nay 22, 1990 ~ Planner Nino reported that two letters of objection have been received, notihg that one letter contained 4 signatures. In addition, he affirmed that the CCPC has recommended denial by a 5/4 vote. He stated that staff concurs with the recommendation of the Planning ii'i"Commission. He expressed that Staff is advising that if the Commission is inclined to approve the plan, that the PUD document con- rain all of the stipulations that were negotiated during the planning review phase. Attorney Brugger explained that Policy §.! of the Growth Management Plan is being imposed on his client in addition to the imposition of concurrency and other matters relative to when growth may or may not take place. He related that the Commission has adopted the policy that SR-951 is not inadequate' since it has agreed to fund same. He indicated that his client has attempted to meet staff's con- cerns by dealing with the stipulations, and he feels that it is unfair that the adjoining property owners may be able to pull permits and build when there is a moratorium declared on his client's property. Mr. Brugger noted that the stipulations contained in the PUD docu- ment would allow for infrastructure only, but building permits would have to be pulled to construct concrete pads in order to place the RV's. He explained that once the improvements commence for eR-951, the applicant proposes to install 200 pads which would bring him under the 5~ rule in Policy 5.2 assuming that the stance has not been 'adopted that eR-95! is not over capacity. He indicated that he has no problem striking the word "tent" from the PUD document. Commissioner Volpe stated that his concern is that this is a traf- fic congested area, and allows for development at 3 units per acre, and 438 units could be developed. He indicated that the one lot will be given up to allow for the interconnect with no assurance that it will provide for internalization of the traffic, and the applicant will be receiving 150 additional units. He suggested that there appears to be some inequity relative to this matter. Mr. Perry advised that the Policies as presently drafted in the Page Na~' .;,', 1990 Plan encourage the interconnection of projects. He related that of the ways to encourage the developers to make the interconnec- tions public, is by offering the density bonus. He indicated that if unit per acre is too much, perhaps there should be a cap of 1/2 unit per acre on this project. Mr. Nadeau stated that the project will be substantially buffered from any adjacent land use; there will be 160' of setback of any tra- vel trailer land use from SR-951; and 20' additional feet will be -reserved on the eastern side of SR-96! for any future improvements. He explained that the applicant has agreed to remove "tents" from the permitted land uses in the travel trailer section, and concurs with the stipulation relative to transportation conditions which indicates that prior to the 4-1antng of SR-9§i this development will not impact 'that roadway pursuant to the Comp Plan. In answer to Commissioner Hasse, Mr. Nadeau explained that SR-951 will not be impacted Greater than §% of Level Of Service "G", but if it is the Commission's desire to modify that condition, he is amenable to any suggestions. Mr. Brugger indicated that if the Commission has concerns that no building permits are to be pulled until the 4-1aning is completed, he explained that 95% of the project's traffic will go toward U.S. 41. He suggested that his client be allowed to do infrastructure develop- ~? ment, and pull building permits upon completion of the 4-1aning from U.S. 41 to Mainsail Drive. Mr. Ken Hunt, resident of Marco Island, cited that an RV park will impact SR-951 during the 6 most heavily traveled months of the year. He indicated that the property between Marco Island and Lely is valuable, and in time, the value will further increase if these types of developments are not approved. He noted that the 4-1aning of SR-95! will not solve the traffic problems since many projects have ~i 'been approved along this corridor which are forcing the need for 6 lantng, and suggested that the appropriate impact fees be collected for the future 6-laning of this roadway. He advised that he is Page 26 ., May 22, 1990 !~.oppoaed to the proposed project and believes that there is a better use for that land. He indicated that there shoUld be no further construction of major projects in this area until at least 2/3's of the 4-1aning of SR-951 is underway. Mr. Hunt stated that this project will not generate a lot of water flushing activity, but suggested that the water closets that are to be ~. installed be the latest state of the art 1.6 gallon per flush. Attorney Brugger concurred with the suggestion that no infrastruc- ture would take place during the heavy months of traffic, i.e. February through April. He stated that he also is willing to stipu- flats that no building permits will be pulled until the 4-1anIng of ):i$R-95! from U.S. 41 to Mainsail Drive is completed. There were no other speakers. ~i~r Shanahan ~oved, seconded by Coa~ieeloner ~ ~Tig ~1~1¥, that the public hearing be clX. ~; · :'.~. ~iseioaer Shanahan ~oved, seconded by Coateeloner Siu~ders and !ii''' ~Ti~ unanimously, t~t t~ 0rdt~ce as n~red ~ tttl~ ~1~ , ,~ [, !~,~, , ~ ~t~ ~b3ect to the stl~latto~ tncl~ed tn t~ ~ ~~t, ~cl~tN t~ pr~tsion t~t ~ ~tldtng ~mtts will ~ tm for j' t~ pl=~t of ~creatio~l residential ~lllng ~its ~til the /:. ~lett~ of t~ fm l~lng of SR-951 froa U.S. ~j'~' ~i~ ~t tnfratnc~ral co~tnctlon ~ a11~ to c~nce ~tth ~ ~t~ ~t there will ~ no coutnctton ~tng J~, Pe~, ~ch or April; t~t 'tents" are to ~t~ ~ t~t ~t~r s~r closets ara to . nanc~ ~hall be eatered into Ordinance Book No. 38: Ordinance 90-40 AN ORDINANCE AMENDING ORDINANCE NUMBER 82-2 THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAPS NUMBERED 51-26-2 AND 51-26-5 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A-2" AGRICULTURE AND "E" ESTATES TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS SILVER LAKES FOR A PARK/TRAVEL TRAILER RECREATIONAL VEHICLE (PARK/TTRVC) DEVELOPMENT ON PROPERTY, CONSISTING OF 146 ACRES, LOCATED ON THE EAST SIDE OF STATE ROAD 951, APPROXIMATELY 1-3/4 MILES SOUTH OF EAST TAMIAMI TRAIL (U.S. 41), IN SECTIONS 10 AND 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE. 00 C10038 Page 27 May 22, 1990 $~8.~: 2:25 P.N. - Eeco~l~ed: 2:40 P.N., at l~tch ttlae F~B FO~LIC FETITIOII - CLIFFOED CONSTRUCTION CO~PAJlT V~. Mr. Serome Marks, representing Riviera Golf F. statas Homeowners Association, stated that on November 18, 1988, a three home contract was consummated between the Champagne Realty and Development Corporation, the Investors Bank of Deerfteld Beach, Florida and Mr. Clifford of the Clifford Construction Company. He noted that this contract is made up of three lots (lot no. 412, 437 and 452) in the Riviera Golf Estates area. He stated that lot no. 412 ts an unfi- nished home, lot no. 437 was previously used as a model but now lies empty and lot no. 452 is a completed home that is presently occupied but is burdened with liens and an unclear title. Mr. Marks stated that lot no. 412 has been red tagged twice due to the expiration of the building permit. He noted that this home should be completed as the area that is surrounded by it are well kept homes visually presentable. He further noted that this unfinished home has presented problems for all the residents of the Riviera Golf Estates/Lake Champagne Community. Mr. Marks stated that the builder has a power of vote in the · .. operations of the Board of Directors in the community and is well aware of the covenant that were set up and upguaded when he started the final phase of construction known as the Villas of Lake Champagne. ,. He noted that these covenants state clearly to the builder and homeowners that the homes must be properly constructed and maintained. He further noted that the builder has not finished construction to lot no. 412 which remains a blight to the Riviera/Lake Champagne Community. Mr. Marks stated that the County Building Department informed the representing attorney for the Riviera/Lake Champagne Community that they cannot get involved as long as lot no. 412 is properly boarded up and does not pr~.~ent a safety hazard to anyone. 00£C10O39 Page 28 ~ Nay 22, 1990 Hr. Richard Clark, Code Enforcement Supervisor, stated that the builder is undergoing foreclosure action on the subject property. He requested that the Board of County Commissioners delay action on this item for a period of 90 days. He stated that if the matter has not been resolved within the 90 day period, he will request that the pro- Perty be declared a public nuisance and demolition proceedings will begin. Commissioner Shanahan questioned how this situation can be pre- vented in the future? Mr. Clark stated that there is a proposed ordinance that is being · written which will eliminate this situation and will offer remedial action that can expedite the process much faster. Attorney Richard Boucher, representing the Investors Bank of Deerfteld Beach, Florida, stated that they presently hold the mortgage on the subject property and filed the foreclosure action against the Champagne Realty and Development Corporation in August, 1989. Attorney Boucher stated that at present there is a motion for sum- mary Judgement to foreclose the mortgage and foresees that within go days, the Investors Bank of Deerfield Beach, Florida, will obtain the · title to the property. Mr. Boucher stated that since the bank will not obtain'title to the property for 90 days, it is requested that a receiver be appointed in order to bring the subject property in line with county require- merits. He indicated that Anne Hendon, Vice Prtsident of Investors Federa1, will be appointed the receiver in this action. He noted that '9. at the time of the appointment, the bank can obtain bids and contracts to have the property brought up to County approvo~ building re~ula- tions. He indicated that the issue should be resolved by September 1, 1990. Mr. Clark stated that at present, 76 units have been demolished under this program. He indicated that the County does value the areas ?~ residential neighborhoods and will continue to maintain their position in thes~m matters. Page 29 Nay 22, 1990 /~:~'. Mr. Ira Evans stated that there was a grossly misleading front -.page article which appeared in the Naples Daily News of May ~5, ~990 .'regarding the proposed one cent County Sales Tax. He noted that there has been fre~ent discussions of this subject before the Co~lsston and e~ally fre~ent statements by numerous indiv~duals u=gtng that :-'the voters be factually informed of every aspect of this proposed t~. He indicated that while the article referred to the by-line of "Naples Da~ly News Staff", there is little doubt it ori~nated with the County Staff. He noted that the poll was the product of a County paid "consultant" and the graphics were provided by Cowry Staff - all at ;~.~ t~ayers e~ense. He further noted that the article is a ~ross ~'m~srepresentatton of fact. He stated that action should be taken to ~, prevent m~sleadinG information being written that is connected with the Collier County Government. Mr. Evans stated that voters should be informed as to the plus the Cowry may have to utilize for potentlal revenue for security ~nding as well as the impact this will have on Collier Cowry Govern~nt. Co~ss~oner Volpe stated that the County will not permit misleading or incomplete information to disseminate from its offices. '~?, He indicated that the sales tax Issue ~s a campuign to help the voters . favor or oppose th~s proposal. Cowry Manager Dorrtll stated that the story fn the Naples Da~ly N~s ori~nated with Mr. John Lunsford who did not speak to anyone in '~/ the Gounty Manager's off,ce prior to writing the article. He indi- cated that the Board of County Co~issioners has consulted with Edison Country Gollege for the past three years regarding the survey that /was printed In the Naples Daily news at a cost of $5,675.00. He further ~nd~cated that the County does not have a graphic department note,d that the graphics presented in the article were done by the Naples Dm~ly News Graphics Department. Page 30 May 22, 1990 George Keller stated that he spoke to a representative from Naples Daily News who questioned if the article was misleading. He indicated that the newspaper is not being honest in informing the ~!ilrublic of the proper facts. Legal Notice having been published in the Naples Daily News on May 3, 1990 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition Z0-90-9, filed by the Community Development Division in order to consider a proposed ordinance amending Ordinance 82-2, by amending section 8, supplemen- ..~. tary district regulations subsection 8.23, off street parking for !!/! houses of worship. :-- Mr. William Hoover, Planner, requested that an amendment to Section 8.23 of the County Zoning Ordinance be made in order to reduce ~ the required parking for churches from 1 parking space per 2 seats in the chapel or auditorium to 3 parking spaces per 7 seats in the chapel or assembly area. Mr. Hoover stated that a survey was performed on 16 other com- malnities and counties that base required church parking on seats in the ma~n church assembly area and found that all 36 communities and counties required less church parking than Collier County. He noted that a parking survey of lO churches in Collier County on March 19, 1990, resulted in a wide range of parking demand for various churches. He noted that the demand ranged from approximately 1 space per 3 seats · ,.to 3 spaces per 5 seats. .',i'. Com~lssio'ner Shanahan stated that Marco Island clergy recommended a reduction in parking for their churches from 1 parking space per 2. seats to ! parking space per 4 ~eats. '~e indicated that out of the 20 areas that were surveyed, 8 of those areas have ! parking space per 4 Page Hay 22, 1990 tn the chapel or auditorium. He further tnd/cated that Marco ~,lsl&nd initiated the petition but was not included in this survey. Com~lssioner Volpe stated that there is a problem on Marco Island I parking space per 4 seats will result in a stacked parking situation and should not be encouraged. Mr. Hoover stated that there is a proposal that is being reviewed that will permit churches to request a building expansion through the Site Development Plan (SDP) process and will allow the reduction of iParktng to 1 space per 4 seats. County Manager Dorrill stated that the proposed amendment i~!..relates to future churches in new construction and the subsequent pro- ~'~'~poeal relates to churches that are undergoing expansion or renovation. He indicated that this will allow churches with a hardship to appeal ~, to the Board of County Commissioners for a 1 space to 4 seats ratio ~, a~d also will allow stacked parking if so warranted. The fo/lowing people spoke in favor of the proposed petition citing that the parking survey strongly indicates that the actual parking demand based on church seating is much higher than one would expect and the survey shows all indications of the actual parking ;'!;!demand that will be generated by future churches in Collier County. '~' John D. Lee Pastor Jim Conrad ~ ~~to~ Voli~ moved, seconded ~ Co~t~t~ ~t~t ~ ~I~IF, the the ~bltc hearing ~ clo~. ~t~ ~~ly, that the Ordl~ce as n~r~ ~d tttl~ ~1~ . ~ ~t~ ~ enter~ into Ordt~ce ~k No. 38: ORDINAMCI 90-41 AN ORDINANCE AMENDING ORDINANCE NUMBER 82-2, THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY BY AMENDING SECTION 8, SUPPLEMENTARY DISTRICT REGULATIONS, SUBSECTION 8.23,' OFF-STREET PARKING; REQUIRED AMOUNTS, IN ORDER TO REDUCE TRE REQUIRED NUMBER OF PARKING SPACES FOR HOUSES OF WORSHIP; BY PROVIDING FOR CONFLICT AND SEVERABILITY; AND BY PROVIDING AN EFFECTIVE DATE. Pag~ 32 ~ 22, lggo FLAT OF WIIlZ~TAR AIqD ACC~'FT~ TI~ ~ OF DRAXIIA(~K ~I~I~JL~ I~ZTHXN TH~ I~.~T OF ~ND~TA~ Legal notice having been published in the Naples Dally News on May 6 and 13, 1990, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition AV-90-013, filed by Windstar Development Company, Marina South, Inc., The Wtndstar Master Association, Inc., Windstar Club, Inc., Somerset st Wlndstar Homeowners Association, Inc., Leeward Cay at Windstar ..Association, Inc. and Harrtngton Sound Resident's Association, repre- sentedlb¥ J. Dudley Goodlette and James C. Steward, Jr., Esquires, requestin~ vacation of easements for the purpose of bulldin~ across said easements. Mr. George Archibald, Transportation Services Administrator, ii"i stated that the location of the Wtndstar project is off Bayshore Drive " and pertains to tracts B, D, E, G, L and P within the platted develop- '~ ment. He stated the reason for the vacation pet:%tion is to realign ii(' the lake easements and remove encroachments that currently exist. He noted that the vacation involves the dedication of new easements and 'i~ · assures the dedication of replacement lake maintenance and drainage easements. Mr. Archibald stated that the dedications involve lake maintenance easements in Tract E, Exhibits D, l-E, l-G, 1-L and 1-P. Mr. Archibald noted that the recommendation of this petition is consistent with an agreement that was previously executed by the Board Of County Commissioners on November ?, 1989. He ~tated that it is the recommendation of staff that the Board approve the Resolution for the vacation of the subject easements. The following people spoke tn opposition of the petition citing that further reduction in the water retention acreage violates the PUD and will minimize the water supply that accommodates the area. Mr. Thomas Moseley '! ' Mr. Archibald stated that the total area that ts being dedicated ~<~its lar~er than the area that is being vacated. He noted that the Nay 22, 1990 i'aaee~ent areas for the lakes are being increased, therefore, wt[! have : :ino impact on the water supply of the area. He further noted that the entire water management system of Windstar is one large interconnected water body. He stated that the system drains t.hrough 3 separate discharge structures that further drain into Naples Bay. Comm~esioner Volpe stated that there may be restrictions in the PUD concerning increasing the lake size. Mr. James Stewart, counsel to Windstar Development Company (WDC) stated that. a plat of Ntndstar was recorded in Plat Book 14, pages 11 thro'ugh 15, inclusive of the Public Records of Collier County in 1986. He noted that when the plat was recorded, lake maintenance and other easements were drawn without regard for the actual location of future development or the actual location of lakes within the subdivision. He indicated that further planning has caused changes in '.the location of some of the lakes and the location of platted lake maintenance and other easements within the subdivision now prove to be inappropriate. Mr. Stewart stated that when the problem was first drawn to WDC'e attention, WDC contacted the County Attorney;s Office. He noted that after NI)C~s consultation with the County Attorney, the Board of County Commissioners approved an agreement between the County and WDC which required NDC to petition the County to vacate the referenced easements and to grant alternative easements to the County. Ne indicated that the subject petition is the base of that agreement which is dated November ?, ~989. Assistant County Attorney Weigel stated that the last paragraph on page 56 of the Executive Summary should be amended to read: "NOW, THERBFORH, the County hereby accepts the Grant and orders and directs that the same shall be executed by the Chairman and the Deputy Clerk and the same be recorded in the Public Records of Collier County, Florida, and that a proper Notation of Vacation be made by the Clerk upon the Plat." Psg~ 34 Page 35 Nay 22, 1990 ,~JI:I~:ILU~I: 90-~TO, PETITION &V-90-O02, GLACTD PROPKRTIID, l[JlC. , · ~ FOOT (10') PUBLIC UTILITY ~N~IIT O]IFIJ~TT~D, LOCATED ~..'~:ZN :~flG~[ 4, TOMIrSHIP 50 SOUTH, RANGK 26 EAST (WILl]MOOD ~TATKS, BRTW '.:'~ 0f WXLma;)OD) - Legal notice having been published tn the Naples Daily News on May 6, 1990, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition iV-90-002, filed by Glactd Properties, Inc., requesting vacation of a 10' utility ease- for proposed condominium structures, required parking areas and ":infrastrUcture. .. Mr. 'George Archibald, Transportation Administration, stated that .'the subject petition is located within the Wildwood Development on the east end of Davis Boulevard. He stated that the petitioner intends to existing waterline easements and relocate them as shown on Site '"Development Plan (SDP) 89-0035. He Indicated that letters of no objection have been received from Florida Power and Light, United · Telephone, Utilities Division and Palmer Cablevtston. Cc~l.~ton~r Volpe ~oved, seconded by Co.~tasioner Shanahan and /.',.. c&rrl~d I/0, tlat th~ Public Hearing be closed. Coumtosioner Volpe hayed, ~econded by Co.missioner Shanahan nd -~,,,clrrtod 8/0. tht Petition AV-90-O02 be approved, thereby adopting i'~;Bsmolu~ton~O-270. Page 36 May 22, 1990 '"' O~}~ ~0--42 ~ l~"flTI011 FDA-89-13, &JlTJLRJ~IJ~! :' ~~,'&~IDIIG PO I~T ~RCO IUD Legal notice having been published tn the NaPles Daily News on April 19, 1990, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition PDA-89-13, filed by Antaramiam Development Corporation represented by James E. Vensel & Associates, Inc., requesting an amendment to Point Marco PUD. Mr. Baginski, Planning Services Manager, explained that this Petition is to amend the existing Point Marco Planned Unit Development by allowing the adjustment of the total number of residential apart- ments, adding a reference to the FDNR agreement pertaining to the 1989 CCCL; lowering permitted building heights tn areas 1 and 5 from 15 stories to 12 stories and increasing building heights in areas 2 and 4 from 10 stories to 13 stories; removing the requirement for sub- dividing; providing for the use of recreational facilities, etc. bY residents and amending the master plan to reflect FDNR agreements. Mr. Bagtnskt noted that the Point Marco PUD was originally approved by the Board of-County Commissioners tn 1981 and was amended the same year. He said the proposed changes reflect no increase in the intensity of land use or in the number of units in the project; in fact, during the presentation to the Planning Commission, the applt- cant voluntarily agreed to remove the hotel as a permitted use, ,thereby reducing the maximum permitted number of units to 734. He added that the CCPC heard the petition on April 19, 1990, and recommended approval by a vote of 5 to 2 subject to stipulations. One spoke meeting, raising concerns of ample member of the public at that water and the ability of airplanes to spray for mosquitoes, he said, :.< ~ and one letter was received in opposition. He said Staff recommends approval. Commissioner Hasse asked if this adds height to the area and Mr. 00f:CI0O94 Page 37 Nay 22, 3990 Baginski said it ia shifting some heights around to create a pyramid effect for the development, but the number of stories remain the same overall. Commissioner Volpe questioned if the project was approved at 30 units/acre and if it has.undergone zoning reevaluation? Baginski answered that it has not yet been through zoning reevaluation although staff has reviewed it and as the staff report indicates, based on Policy 5.1 of the Future Land Use Element, any changes or amendments that constitute a reduction In approved units As deemed to ..be consistent with future land use. He further noted that a site development plan has already been approved, and with the reduction tn ~permitted uses by removing the hotel, it reduces the density from 901 i!. tlnits to 734. ': Contsstoner Volpe referred to possible traffic impacts on S.R. i? 951 due to this development and Mr. Bagtnskt noted that the project has already been approved and this petition is for an amendment to reduce .the density downward. Attorney George Varnadoe said that Policy 5.1 is applicable to zoning, and this ts a PUD amendment; also the policy is applicable to projects that generate an increase of 5 percent impact on the roadway or more and this will not fall within that category. This is a house- keeping amendment, he continued, to bring this plan into compliance .with the new DNR/CCCL line, reducing the amounts of Impervious surface ~i[i'i and the parallel shore coverage in the north area where there ts exposed beac.,~, plus adjusting building heights. Contsstoner Hasse mentioned a speaker's concern about mosquito · i spraying safety, and Mr. Varnadoe reminded the Commissioners that the maximum building heights are the same, but with fewer buildings. He added that it will be subject to rezontng evaluation under Policy 1.31K. He mentioned several other factors which may exempt the pro- ~. Ject froa a zoning reevaluation, which are not involved in the Petition ;!..request under discussion. Contmlsstoner Hasse questioned beach access and Mr. Varnadoe said in the past the owner had granted public access from Collier Page 38 ,¥... May 22, 1.990 Boulevard to the beach, to be dedicated before a building permit for !i/BUilding 5 was issued, and that has been done. Cow, missioner Hasse asked what is adjacent to the beach access, and Oommtsstoner Shanahan responded one high rise Is under construc- tion now and the other side is vacant property. Commissioner Hesse asked if there is county parking In that area and Mr. Varnadoe said /~ that there is none close by at present. Commissioner Volpe referred to the deed for beach access, men- itching that it contains a reversionary clause. Mr. Varnadoe answered that it can revert to the owner in' the event that Oolller County establishes public parking and added that condition has been imposed by the Board of County Commissioners at the request of Marco Island residents. : Commissioner Hesse questioned if this site had been a naval [ii'Rtsstle tracking station at one time, and Mr. Varnadoe said it had been. Commissioner Volpe said he has reservations about this project under the density rating system it may exceed the local area regulations for a high traffic area. Mr. Varnadoe pointed out that /":':staff has deemed it consistent with the Growth Management Plan, it is in an area that is now developed with high rise condominiums on both sides, and the petitioner is actually reducing the number of units. Co~l~satoner Shanahan md, seconded by Cow=tsatoner Saunde~ and =mzTte4~a~i~msly, that the public hearing be C~i~toner Shanahan ~ed, seco~ ~ C~tsst~er 5/0, t~t the ordt~ce u m~r~ ~d titl~ ~1~ ~J~ to staff's sit.latin, ~d enter~ into Ordt~ce ORDINANCE I10. 90-42 AN ORDINANCE AMENDING ORDINANCE 81-25, AS PREVIOUSLY AMENDED BY ORDINANCE 81-98, WHICH ESTABLISHED THE POINT MARCO PLANNED UNIT DEVELOPMENT, BY AMENDING MAXIMUM PROJECT DENSITY TO ADJUST THE DENSITY DISTRIBUTION; AMENDING MINIMUM SETBACK FROM SITE BOUNDARIES TO REFLECT AGREEMENT WITH FLORIDA DEPARTMENT OF NATURAL RESOURCES REGARDING COASTAL CONSTRUCTION SETBACK LINE; AMENDING MAXIMUM BUILDING HEIGHT TO ADJUST BUILDING HEIGHTS; AMENDING MINIMUM OFF-STREET PARKING AREAS TO CLARIFY INTENDED USERS OF PERMITTED USES; AMENDING RECREATION - BEACH - DOCKS TO REFLECT AGREEMENT WITH FLORIDA DEPARTMENT 0 1 0096 Page 39 May 22, [990 OF NATURAL RESOURCES: AMENDING SUBDIVISION REGULATIONS TO CLARIFY APPLICABILITY OF THE SUBDIVISION REGULATIONS ORDINANCE: AND AMENDING THE PUD MASTER PLAN TO REFLECT THE AGREEMENT WITH FLORIDA DEPARTMENT OF NATURAL RESOURCES: AND PROVIDING AN EFFECTIVE DATE: FOR PROPERTY LOCATED ON THE SOUTH AND WEST SIDES OF SOUTH COLLIER BOULEVARD ON CAXAMBAS PASS, IN SECTIONS 19 AND 20, TOWNSHIP 52 SOUTH, RANGE 26 EAST, 29.9 ACRES. Legal notice having been published in the Naples D~ily News on May 6, 1990, as evidenced by Affidavit of Publication filed with the ii. Clerk, public hearing was opened to consider Petition SMP-89-30, filed by Coastal Engineering, Inc., representing Vanguard Ventures, Inc., .. requesting Subdivision Master Plan approval for Naples Gateway. Mr. Ron Nlno, Project Planner, explained that Naples Gateway is located on the north side of Pine Ridge, east of Airport-Pulling Road and west of 1-75. He said this is a previously approved PUD in an · activity center and the developer wishes to convey tracts by fee ii] simple means which puts them into the subdivision master planning pro- cess by virtue of creating three or more lots. The primary issue is .: /'the realignment of the road with Pine Ridge Road and after numerous discussions with the Engineering staff a satisfactory plan was deve- i.:h loped, he noted. He said Staff feels there are no inconsistencies, the uses have not changed, and Staff is now addressing how the land ?i./will be subdivided for resale. At the Planning Comm~ssion on April [''i 19. , 1990, there were no speakers in opposition and the Planning ~i'Commissiol% recommended approval subject to Staff stipulations, he ~31noted. Commisstone:~ volpe asked how many access points there will be along Pine Ridge Road and Mr. N/no responded, two points, with very gradual merging turns. Commissioner Volpe then asked if there will be ~,tbonding for the infrastructure. Mr Nino answered that any ~infrastructure put in following the recordation of the plat.will be Page 40 Hay 22, ~990 ~bonded. If it is put in in advance of recordation, it is subject to ![~. '-count~ oversight approval of construction documents, and bonding is not required, he said. Commissioner Volpe asked about this specific case, where they are ~uperimposing a subdivision over a planned unit development. Mr. Nlno said that the infrastructure will be put in by the petitioner, bonded and approved in accordance with the ordinance. Commissioner Volpe then asked if this will allow for an on-site treatment plant and Mr. Ctan Chryzanowski, Coastal Engineering, responded that it will be located on Tract 2 to the rear and will be an interim treatment plant solely for that project's use until sewers are available. Mr. Nino added that there will be a buffer strip along 8th Avenue and no access to that avenue. Commissioner Volpe mentioned that in another project there has been discussion about the subdivision going into a PUD because there is better control over it, and in this project it seems the direction is reversed, he said, which gives him some concern. Mr. Nino explained that there are limitinG factors in this subdivision that dc not exist in others by nature of the configuration of the activity center. He said it is relatively shallow for an activity center, bounded by physical streets, and there is no necessity to interconnect because all development traffic will pass in front to gain access to Pine Ridge Road. He added that a service drive can be placed into the SMP. Commissioner Volpe then questioned if all buyers of individual tracts will be subject to PUD requirements and Mr. Nino stated that was correct, and they also will be subject to requirements contained ~in the site development plan. 00f £ 0 )98 Legal notice having been published in the Naples Daily News on May 6, 1990, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition NUA-90-3, filed by Jay Delphey requesting a non-conforming use alteration for enlarge- ment of a non-conforming single family structure in order to approve an addition to an existing single family house in the C-3 zoning district at 346 Capri Blvd., Lot 511, Isles of Capri. Mr. Bob Mulhere of Planning Services discussed the background of this petition and submitted photographs for review which showed an existing front porch (1! feet by 12 feet) and an additional room (9.15 feet by 12 feet) that abutted the front side of the newly enclosed porch. Mr. Mulhere noted that these expansions were accomplished without benefit of building permits, but indicated that Staff has reviewed criteria as established by Section 6.10 d.l., a. through f., for the granting of a non-conforming use alteration and concludes that the petitioner meets the standards required for such approval. The Code Enforcement Board on February 22, 1990, advised the petitioner to .obtain building permits for the additions, and oz. May 3, 1990, the Planning Comm%ission subsequently recommended approval by the Board of County Commissioners, Mr. Mulhere said. Mr. Mulhere noted that although this residential use does not con- form to the standards of the C-3 zoning district, the future land use map of Collier County Growth Management Plan identifies this parcel %< . . and surrounding parcels to be within an area designated urban residen- tial. Commissioner !tasse observed that there is commercial activity next door to this address and Mr. Mulhere agreed that on either side of the residence there are commercial activities. This structure 00 C10106 Page 42 May 22, 1990 i~.'/~eets the side yard requirements, he added, is set far back on the lot, and there is a minimal rear yard, about 10 feet to the seawall. Mr. Mu/here noted that this house has been located in the area since the early 190Os. Couissioner Volpe expressed concern, that this addition had been accomplished without a building permit in a commercial area and this petition is for an after-the-fact approval of a non-conforming use. Mr. Mulhere noted that the residential use was there prior to prohibi- tion regulations. Mr. Jay P. Delphey, Petitioner, explained to the Board that he purchased the residence two years ago from a very elderly gentleman for use as a vacation cottage and this was the only property com- patible with their budget at that time. In discussions with neigh- bors, he said, he received the wrong information that the dollar limit at which a building permit is required is $2,000, whereas he now knows it is actually $200. When he did apply for a per, it, Mr. Delphey con- tinued, he discovered that the lot is zoned commercial, and he was told he must bring the property up to a commercial standard, including planting a tree every 7 feet, and have a hedge separating the building from the street. He did this, he explained, then discovered there was also a requirement to have a handicapped parking space designated by a sign. He said that he ts now appealing for an exemption due to the fact that the residence was built so long ago and Is not used as a commercial business. Gommlssioner Volpe observed that Mr. Delphey purchased the pro- party only two years ago, and the zoning ordinance was passed in 1982, i: then an addition was added which increased the size of the home without a building permit. Commissioner Volpe asked if Mr. Delphey rents out the cottage when not in residence and he answered he does not. · ~d c~'rle~ un~n~ly, to clos~ the public hearing. C~t~stoner Sl~.nahan Boved, seconded !~ Co~i~stoner ~M~h~l~ht O00ClOl07 ~;elM MIZT~MI 6/0, tblt lteeolqt~o~ g0-272 x't l)lt~t~oz~ ]lt/&-~:)-3 be )MT 22, 1990 OONB'ULTZB8 EJIgXJlIIRING SB3qVZCKS AGRKKMI:WT NZTH KZMLKY-HORN AND ASSCX~XATI~, INC. FOR DKSZGN OR URBAN STRKKTSCAPK. AND SZX LANZNG ~ TO GOLDKN GATE PARKWAY, CIE PR0,TSCT NO. 005 - APPROVED CONT~"r UPON RESOLUTION REGARDING lq~qDlN(] AND AN IITI'~RLOCAL ~ ~TH CITY OF NAPLKS Mr. George Archibald, Transportation Services Administrator, explained that this is a request for approval to enter into a Phase I professional services contract with Klmley-Horn and Associates, Inc. in the a~ount of $374,000 for the design of Golden Gate Parkway six- laning and urban streetscape improv~ments, to cover the stretch bet- ~.{.~' ween Goodlette-Frank Road and Airport-Pulling Road, approximately miles. He reminded the Board that the solicitation for engineering · services is authorized under RFP 89-1394. In response to formal action by the Board of County Commissioners on October S, 1989, staff negotiated the contract/agreement presented for approval today, Mr. Archibald said. He added that this involves roadway construction, ~'ighting, signal systems, utilities relocation, and streetscape landscaping design in the amount o~ $~S,000. Mr. Archibald said staff has been negottatfng a Phase ! design and & Phase ~ design, the first involves stx-]an]ng and the second, to be considered at a future time, tn~o]ves the design of the urban interchange at the Intersection of Airport Road and Golden Gate Par~wsy. Phase 1 ts scheduled for 290 days of construction, with an estimated completion date of June ~99~, he added. Commiss!oner Volpe questioned if Phase ! is subject to an interlocal agreement with the '~ City of Naples7 Mr. Archibald said that it can be for the construc- tion phase of the streetscape segment since staff is designing some 'improvements which can be shared between the City and the County at a future time. Commissioner Volpe pointed out that it might be w.~se to !.ii., ~ecure a~ lnte=local agreement prior to construction, and Archibald responded that meetings have been held with City personnel and it appears that funding will be available for this, although an '. ~nterlocal agreement may not be presented to the Board for con- /' sideratton until after the summer recess. Page 45 May 22, 1990 Commissioner Volpe questioned the total cost of the project, Including the urban interchange which is about $19 million; but if ~ L~ r that is not included, Mr. Archibald commented, the cost Is about $1.8 million. Commissioner Volpe asked If the urban interchange Is funded in the Growth Management Plan and Mr. Archibald explained it is not, staff ts looking for another funding source for both the stx-lantng and the urban interchange; however, the design phase ts included tn the Growth Management Plan. Mr..Archibald clarified his statement by stating that the six-laning construction ($1.8 million) ts funded in the GMP, but the interchange costs are not. Mr. Archibald mentioned that the same consultant will probably be · doing the interchange design and Commissioner Volpe said he is not :fi? ready to consider Phase 2 aspects, and part of staff's recommendations In Item (3} are for an approval to negotiate a separate consulting :'.:i . engineering services agreement with the above consultant for the phase ~':?' 2 urban interchange design. Mr. Archibald said that the original RFP pa'ovlded for this and it makes good sense to have the same consultant do both the grade design to the urban interchange design because unless the grade improvements are properly designed, it will be very costly to construct overpasses tn the future. Commissioner Volpe inquired about the timing elements and Mr. Archibald explained that Phase 1 design should be completed early in 1991, and a construction contract should be let oy mid-1991. Phase 2 Is needed, but has been scheduled for Implementation tn the second '~-year section of the 10-year plan, Mr. Archibald said, although it Is expected that the developer of the Halstatt pro3ect will provide suf- ftcient right-of-way for both phases. Commissioner Hasse asked what the developer will provide aside from right-of-way? Mr. Archibald said the developer will provide . impact fees that would cover his fair share of the costs or allocate site improvement costs. In order to assure the county of sufficient right-of-way, he continued, staff needs to know what that interchange encompass and be assured that the necessary right-of-way is pro- Page 46 May 22, 1990 ~vided as a part of the adjacent development. Commissioner Volpe mentioned the Boorman Report and asked if the Board ever adopted the ordinance for overlay? Mr. Archibald said that the Board approved the report, but it has not been adopted as policy primarily because it is a very expensive concept. Commissioner Volpe asked what the consultant is expected to do regarding etreetscape. Mr. Archibald remarked that landscape design will be a part of all future road projects in order to determine what · -is to ,be installed underground during the construction phase so that future landscaping will be less costly when funds are available. Commissioner Volpe commented that, lacking an interlocal agreement with the City of Naples, it is a little premature to consider the Boorman Report and landscaping at this point. Mr. Archibald said it serves as a guide for determining what will be needed throughout the · ~... corridor, both within medians and along the roadsides themselves. ~;.. Commissioner Hasse inquired which portions of the plan need appro- 'va/ at the present time and Mr. Archibald defined them as the design of the at-grade six-laning at a cost of $374,000 and a construction cost of about $1.8 mi/i/on, not including right-of-way which may have to be purchased at the S-curve at Goodlette-Frank Road, and some uti- lity relocation work. .~ Commissioner Shanahan asked where the funding will come from for " right-of-way acquisition, and Mr. Archibald said from the same source as the construction funds. Commissioner Volpe asked what portion of this is within the City of Naples and Mr. Archibald said the entire corridor borders on the City of Naples, although there are portions which are located within County boundaries. County Manager Dorrlll added that an tnterlocal agreement is imminent. Mr. Archibald said that the immediate task is to address design, to /et the design contract, and then work. w/th the Finance Director and bring the matter back to the Board before committing a line of credit toward road projects, although a Notice to Proceed will not Page 47 Nay 22, 1990 'occur until the funding issues are addressed and resolved. He added :~.: that Transportation Services had six other designs similar to this one. ~" ~ Mr. Archibald then addressed financing issues, saying that the County has the money from a cashflow standpoint, but does not have the funds for a contract that will exceed the timeframe of the current fiscal year. He said that through a line of credit resolu- tion, the County can pledge funds in such a way that the County can .use dollars currently in hand, but possibly committed to construction projects. He added that it seems complicated, but from a cashflow standpoint over a period of years, staff can show where there are suf- ficient funds to begin the design in one year, and complete it the next. Thus, he continued, the County is cashflowing a number of pro- ~ects, i.e., collecting money this year and next to ensure completion. Commissioner Shanahan asked if the Finance Director is satisfied w.lth answers to questions he had relative to these two projects and 'Mr. Yonkosky responded that in regard to the line of credit, it is his understanding that Staff needs to have either cash in hand or the authorization to obtain the cash. He further commented that Staff can come back to the Board with a resolution and if the Board approves that resolution, then Staff can get the cash if needed. However, Staff may never have to draw down on that line of credit, but they ~Axst have the authorization to do so which expresses the county's com- mitment for the funding, he said; also, Staff may present a resolu- tion fo~ approval including several projects. Rather than go through the Resolution approval process time after costly time, he said, this affords the Board the opportunity to commit in this fiscal year a line of credit for several projects under one Resolution, even though much of the funding will be received after the end of the current fiscal [i.i[ year. Commissioner Volpe asked who prepares an analysis saying that the funding will be received from impact fees and will be available to the ' Cowry? Mr. Archibald said that is part of the annual budget proJec- Page 48 Hay 22, 1990 ,:tion for all revenues. Commissioner Shanahan summarized the saying that the.'three elements include approving the Phase ! for $374,000 with drawdown opportunities, the interlocal agreement for $240,000 and the authority to proceed with negotiations for Phase · 2, and staff returning in two or three months with a contract and plan for handling fiscal responsibility. ..... Commissioner Volpe stated he is not prepared to go ahead at the il present time and asked if Golden Gate Parkway is at an acceptable of service. Mr. Archibald said that the Parkway will be defi- cient within two years, and the six-laning will address the deficiency within the five-year window, and the urban interchange within the second five-year period, simply to maintain service levels. Commissioner Hasse said he is not entirely satisfied with the information presented and suggested postponing this until a future ~ate. Commissioner Volpe suggested dealing with the request for a line of credit and this item together at a time w4en staff has an irAterlocal agreement with the City of Naples and more information. ~mioner Volpe ~, 8econde~ ~ C~i~sio~r S~ ~ '-~~ l/O', ~t t~ c=lti~ ~tn~rl~ se~tc~ ~t with ~~~ ~ ~ctates, Inc., ~ a~r~ conti~t ~ r~lu- t~ ~ ~t~ ~~ ec~tB an~ ~ Interlocal ~t with t~ Page 49 May 22, 1990 COllC~ar~NQ YZELD OF TH~ ~ TAMZAMZ ~ZJ, FZ~LD Z~ ~ Mr. Fred Bloetscher, Assistant Utilities Administrator, apprised the Board that a 3-Dimensional Model of the Golden Gate Wellfield has been prepared per the Board's direction of October, 1989. Missimer and Associates did the study, he said, and Tom Mtsslmer and Curt Martin will present the study to the Board. Mr. Curt Martin, Senior Hydrologist of Misstmer Associates, said That the B-dimensional modeling was complex with rainfall data, rapid transpiration rates, permeabilities, canal levels, locations and control rates. Ne said that the primary conclusion is that th. ire is lots of water out there, which is good news for the Covnty. £hey calibrated the model by looking at past water conditions in the year i 1988, ran the model and adjusted it to get a high degree of con- vergence between actual field data and the model, then began the pre- dictive modeling which includes the expansion of Collier County wellfield, he reported. The predictions for wellfieid expansion include uses from the present 16 MGD to 24 MGD, 29 MGD and up to B? MGD, Mr. Martin noted. .::~He. conttnued, the City of Naples we/lfield was included for maximum day pum~age which is 21MGD at present. Co~misstoner Volpe asked what the depth of the Tamiami A~uifer is, and Mr. Martin responded that the top aquifer starts about 60-80 feet ."~ and it goes do~n to 120 to 150 feet. He further indicated that there .is less than 1 foot of impact from pumping 24 MGD by the County in the water table aquifer, with about 7 feet of drawdown at the wellfield · itself. Mr. Martin pointed out that when the City of Naples wellfield is included, at 21MGD, the impacts shown are much greater, due to the "' lesser permeability of the aquifer tn the eastern direction. He said ~he has confidence that the model is predicting future levels very accurately and it can be used for planning and future permitting. It [i. shows, he continued, that over 50 MGD is available from the Lower · ':· ' page SO ~.../, ,~, - :- . ~' ' H~y 22, 1990 /.,Couleetoner Volpe asked if anyone knows how much water was there before modeling? Mr. Martin said they always knew there was a lot · there, but with 3-dimensional modeling, firmer information is available. Impacts are not as detrimental as was believed, and he added that 50 MGD serves a population of 300,000, or the County's projected growth for the next 25 years. Commission Hasse asked where the boundaries o~ this field are L[:located and Mr. Martin indicated this on the charts. He then queried if it ts anticipated to move the.weils away from their present loca- tion? Mr. Mtsstmer said they are proposing that expansion take' place eastward and southward, and added that the water quality will be the Commissioner Hasse asked about moving northward and Mr. Martin i~" said movement is limited by transmission line or pipeline sizing, but in the future water service can move north. Chairman Hasse questioned why an R.O. water membrane plant ts needed, in this case. Mr. Missimer responded that the type of water treatment p/ant the County has chosen is a very low-pressure type of membrane plant, and he further explained that conventional water treatment like lime- softening does not take organic-carbon types of materials out of the water very efficiently, necessitating the use of exotic chloramtnes or other chemical treatment processes. If one compares conventional to membrane treatment processes, he continued, the mem. L-ane treatment process is a more effective way of treating water and is more cost- effective. Commissioner Hasse asked why the County is moving in that direc- t:vtion now and not when the addition is put on the water plant on S.R. 951 South. .'. Mr. Bloetscher reminded the Board that tn Staff's presentation of ?;'::'"last October, 1989, concerning the membrane softening plant, they mentioned that tn the water from the Lower TamtamI there are organics and currently the treatment is using chloramines to avoid trihalo- Nay 22, 1990 ~ethane creation and there is a strict standard for trihalomethanes · this meets, but not by a great amount. In the future, he con- /)i.tinued, those standards will become more and more strict and at some .poXnt lime softening will not meet the standards. However, he saXd, .the membrane process will be able to meet those requirements with no problem, removing calcium carbonate hardness. Commissioner Hasse asked if our existing plant will become out- moded in the foreseeable future. Mr. Missimer advised that the membrane treatment facility, coupled with the lime treatment facility, will permit combining those treated waters to reach a very high level of treatment. Commissioner Goodnight said that the plan from the begin~.lng was ~'~ to m~x the waters from the two facilities and the Board had asked the consultants to design iow-pressure R.O. membrane softening to remove the organics. She reminded the Board that in their discuss~ons, it had been decided not to provide for removing salts because that would necessitate installing a higher-pressure installation. The building was designed, she added, to provide space for the ~larger motors needed for such a future process. Mr. Bloetscher said Staff will bring two contracts to the Board, one for the actual engineering for expansion of the wellfield and a contract for study of tbs deeper zones. Commissioner Volpe questioned why, if there is a large aquifer, is the County prepared to search for more? Mr. Bloetsc,~er said because the aquifer is shared with the City of Naples, up to 21MGD. Mr. Dorrill said the city now has a franchise outside the city limits, has no restrictions on watering, and who gets there first to new aquifers Xs very important for the future. He added that the City is a big .user of water and his office has been concerned about who w~ll provide utilities to Pelican Bay and areas north. Mr. Dorrill said the county has ample ground to expand the i wellf!eld and will be acquiring 13 new well-sites; the City, he said, Mr. Misstmer said that ooe£ o2os ~,' has a small repump facility on the wellfield. Page 52' Nay 22, 1990 the peak demands in tourist season show very strong spikes, making the water supply difficult and that is why alternative sources are neceeaary, to preclude'having to build larger water treatment planta. Mike Arnold, Utilities Administrator, said Staff will return in a week or two with contracts for deep aquifer studies. Mike Arnold, Utilities Administration, presented the appraisal bids secured since the Board directed Staff to proceed with solicitation of a new set of bids from firms on the County approved appraiser lists for conducting appraisals of properties to be acquisiti~L,~d for the proposed North County Regional Water Treatment Plant. Mr. Arnold e~lained that staff opened the quoting to the four farms that had submitted bids prior to changes in services requested, but one firm declined to resubmit its bid due to a heavy workload. Mr. Arnold reviewed the fees, saying that Real Property has the lowest base fee and Carroll & Carroll the second lowest; however, :f~, -Carroll & Carroll's tame frame is almost double that of Coastal Engineering, therefore, since time is of the essence for this project, Mr. Arnold suggested that Real Property Analysts and Coastal Engineering be selected. Gommissic, ner Volpe asked why Carroll a Carroll h~d a longer time ~ ~ frame and Mr. Arnold said when queried, one of the principal advised ',that due to heavy workloads, 60 days was the best they could promise. ~.' ~ Commissioner Shanahan stated that the difference in cost is $500 and 30 days' time. Commissioner Volpe said he is ',~nclear as to the urgency of this matter and he preferred to chooue Carroll & Carroll and Real Property Analysts. Mr. Arnold explained that there is an urgent need to get on that site to see if it will support a plant, make soil borings, and conduct environmental studies. Commissioner Hasse requested an explanation why the Real Property 0( 6C10209 Page 53 Nay 22, 1990 .ts' bid submittal was so different from the others. Mr. Arnold explained that he was told the coapany is anxious to begin doing .sisal work in Collier County and-adjusted their bid to improve their chances of being one of the two accepted. ~.~'~ ~ ~tg S/l, (Coaissio~r Vol~ ~), to ~cc~t ~- ~ ~ ~l~ts, Inc. ~ C~tal ~t~ri~. Page 54 22, 1'990 ~or. uTIO]I 9<3--274, ~ I~,~sor. u'T'roI. ~3--2'1'5 ~.~l~l,]l~]:l~l AND IEXLLi[AI~ ¢. (ZA]~I~Oll D/B/& AITI[O[~ May 22, 1990 TR~ COURTHOU~g AND HEALTH BUILDING FROJECT~ AND FOR FOTVRE CHARGE ORDERS ON EACH PROJECT - County Manager Dorrill said this item was an analysis of change orders to date for the new Courthouse and Health Building, a·ounting t° less than 5% of the construction award budget for that building. The ·aJority of the change orders are associated with purchasing owner-acquired equipment to avoid sales tax payments, six are the result of expansions to the 4th, 5th and 6th floors. ~lssi~r ~dnight ~md, secom~ by Co---is·loner Sbandhan mst~ ~z*im4 4/0, to ·pprovm the Ch~· Order· mm prmmentmd by thru .' ~: ~ I~l to ~uthoriz· · n~ 850,000 ~ O~[er IIl~=nt foz' $05 Colltssioner Goc~nlght ~d, seconded by Co~tnioner · ~ e~d carried 4/0, thai: the following ~t~ under the Con~ent A~nda be approved and/or adopted: ese Ite~ #14B1 FINAL AOCKFTANCE OF TRHK CLEARING IN LEK CYPRESS AND FINAL PAYMENT IN - T~ '___~'t~T OF ~14,130 TO D & R Tl~K SERVICK Itm#14B2 C.R. I~l RX~llT-OF-M~Y LAMD CLEARXN~ CONTRACT IN ~an~~-Fa,K OF FINAt PA~ ~ ~652 IN ~T OF $39r730 See · :Xtmm ~4B~ TIlO':[J~ C~IX~ FROJECTS IN A~"ORDANCK WITH BID B0. 90-1554 :.'~'~:'~ :::~1~11~ ~ $23,0~0 TO B.J. KXCAVATINII AND 09,500 TO BASXC NAT~I~ :: Xtmm~14D1 ' MXG~XI~ - ~ I -M&TER F&CILXTI~$ ACC~TJtNC~, MXTH The Florida Department of Environmental Re~ulation furnishes a letter authorizing to place the sewer system into service and approving the water distribution system for service. Bacteriological testing has met the County's requirements. The Fire Flow require,ents of the project have been 00 CI0304 satisfied. Page 56 · Item #14D2 See OR Book 1541 , May 22, 1990- Pages 2196-2215 I~SOLUTION 90-226 AND I~SOLUTION CW~-90-8 DESIGNATING PROPERTY NEEDED ALONG THE GOLDEN ~ATE CANAL, UNIT 12; AND AUTHORIZING STAFF TO ACQUIRE SAID LAND BY GIFT OR PURCHASE Item #14D3 RESOLUTION 90-2?? AND RESOLUTION ~-90-8 DESIGNATING AN ACCISS AND POTABLE NAT~J~ PIPELINE gASMNT l~ggDgD BI'ff~,KN GOODLETTE-I~qJ~ ROAD AND THE CARICA TANK SITE; AND AUTHORIZE STAFF TO ACQUIRE EASB~NT AT THE RHQUESTgD PRICE Item ,14E1 BUDGET AMP~I~ENT TO R~COGNIZK ADDITIONAL R~V~NUP~ A~D ASSOCIATED WITH THE DISPOSITION OF SURPLUS PROPERTY Item ,14F1 ADDITIONAL FUNDS FOR THE EMERGENCY PURCHASE OF AN ENGINE OVERHAUL FOR TH~ COUNTY HELICOPTER IN AMOUNT NOT TO EXCEED $29,000 FROM AVIALL OF DALLAS, TEXAS Item ,14H3 (~%NT TO THE NATIONAL AUDUBON SOCIETY IN THE AMOUNT OF $11,842 FOR PERF0~t~NCE OF TNO BIRD MONITORING PRO~RAMS IN CON~II~CTION ~ITH T~ MARCO ISLAND BEACH NOURISHMENT PROJECT Item ,1411 RECOMM]~NDATION FOR I~EAPPOINTMENTS/APPOINTMENTS TO TH~ SOUTHWEST FLORIDA PRIVATE INDUSTHY COUNCIL, SERVICE DELIV}6RY AREA ,20 Willard Hill' Terry Ray Edward Gauthier Dr. Thurman Hux Phi/lip Keyes Don VanDerBaan Robert Allen Clint Re,fl G.E. "Ernie" Harber C~TIFICAT~S OF CORRECTION TO TH~ TAX ROLL AS I~R~S~r~D BY PRO.P~RTY APPRAISER'S OFFICE NOS. 89-125/128 87-399/404 1989 TANGIBLE P~RS0NAL PROPERTY DATE 05/07-11/90 1987 T~X Roll 1988 Tax Roll 05/08/90 O0 ClO 05 Page 57 Item #14J2 Nay 2'2, i'990 88-264/269 05/08/90 1989 Tax Roll 89-167 05/08/90 89-204/209 05/08/90 GAIN TIME FOR INMATE NOS. 53573 & 22040 Item t1'433 SATISFACTION OF LIENS FOR SERVICES OF TH~ PUBLIC DEFENDER Itel #143 See Pages MISCELLANEOUS CORRHSPONDENCE - FILED AND/OR REFERRED There being no objection, the following miscellaneous correspon- dence was filed and/or referred to the various departments as indi- cated below: Memorandum dated May 11, 1990, To Jean Gansel, Budget Analyst, from Jim Giles, Clerk of Courts with tabulations and calculations of expanded service amounts for Clerk's Office for FY 90-91. xc: BCC; Bob Best; and Filed. 2 0 Letter to BCC Chairman dated 5/11/90, from Paul R. Bradshaw, Director, Division of Resource Planning and Management, Department of Community Affairs, re review of the proposed DRI Halstatt amendment, xc: Neil DorrIll, Frank Brutt and BCC. Letter to Chairman Hasse dated 5/10/90 from Department of Transportation, re Notification of Cbgnges in Traffic Regulations. xc: Filed. Four items from the Land/Water AdJudicatc-V Commission: case #90-016. Dev. Order #90-1 issued by BCC for Regency Village of Regional Impact. Respondent/Developer Regency Village of Naples Pre- hearing Statement. xc: Neil Dorrlll; Frank Brutt and Filed. Case #APP-90-O16. Dev. Order #90-1 issued by BCC for Regency Village of Regional Impact. Respondent Collier County's Motion in Opposition. xc: f'rank Brutt; Neil Dorrill; and Filed. Co Case #APP-90-016. Dev. Order #90--1 issued by BCC for Regency Village of Regional Impact. Amended Certificate of Service. xc: Filed. Case #APP-90-016. Dev, Order 90-1 issued by BCC for Regency Village of Regional Impact. Respondent Collier County's Answer to Petition for Appeal and Affirmative Defenses. xc: Filed. Minutes 00 C10306 May 22, 1990 Collier County Planning Commission Agenda of 5/17/90 and Minutes of 4/5/90. xc: Filed. Marco Island Beachfront Renourishment Advisory Committee Minutes of 5/2/90. xc: Filed. Notice to Owner Dated 4/27/90, Work Order #177218, BCC to Douglas N. Higgins, Inc. re land surveying for CC Wastewater Collection, Fac. #4. Copy to Nell Dorrill, Steve Carnell, John Yonkosky, and filed. Dated 4/27/90, Work Order #177219, BCC to Douglas N. Higgins, Inc. re land surveying for CC Wastewater Collection, Fac.. #3. Copy to Nell Dorrill, Steve Carnell, John Yonkosky, a~d filed. Dated 4/27/90, Work Order #177220, BCC to Douglas N. Higgins, Inc. re land surveying for CC Wastewater Collection, Fac. #1. Copy to Nell Dorrill, Steve Carnell, John Yonkosky, and filed. Dated 5/08/90, Work Order #178263, BCC to Mitchell & Stark Construction Co., Inc. re County Project #478,. Waste Collection Facility on Radio Road. Copy to Neil Dorrill, Steve Carnell, John Yonkosky, and filed. Dated 5/04/90, Notice #192257, under an order given by Leitner Electric Co. for 1 new caterpillar diesel elec. set for the improvement of Health Service9 Building. Copy to Neil Dorrill, Steve Carnell, John Yonkosky, and filed. Dated 5/9/90, Airport-Pulling Road Paving and WastewaterImprovement - CC Project #66032. Supplier: Southeastern Municipal Supply under an order given by T & S Utility for water sewer drainage p~pe and associated materials. Copy to Nell Dorrill, Steve Carnell, John Yonkosky, and filed. Dated 5/10/90, Work Order #178856, F/I Halon 1301 Fire Suppression System under an order given by CC M.I.S. (H46201BL). Borrell Electric Co., Inc. d/b/a Borell Fire Systems. Copy to Nell Dorril], Steve Carnell, John Yonkosky, and filed. Dated 5/14/90 to Gulf Constructors and BCC for wastewater treatment plant at Warren St. and St. Andrews, under an order given by Thompson Trucking. Copy to Neil Dorrill, Steve Carnell, John Yonkosky, and filed. Palmer Cablevislon Annual Report to BCC and City Council Members from David D. Dea, VP Cablevision Group, dated 5/7/90. xc: Filed. 10. Public Service Commission Docket #890509-SD, Order #22939, Issued 5/9/90. Application of Florida Cities Water Company, Golden Gate Division, for a rate increase in Collier County. Copy to Mark Lawson, Mike Arnold, and filed. South Florida Water Management District 40th Annual Report 1988-89. XC: Filed. Letter to Chairman Hasse dated 5/27/90 from Robert L. Patton, Controller, Tax Collector, re distribution of Current Ad Valorem Tax to the BCC after Tax Collector's commissions. xc: Filed. OOflC 07 . . Page 59 :- Nay 22, [990 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. iii ' '~ ~ ~ minute'~ approved by the Board on ~.?- . as'preeen~'e~d or as corrected BOARD OF COUNTY COMMISSIONERS/ BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL Page 60