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BCC Minutes 10/09/1990 R Naples, Florida, October g, lggo LIT IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Board of Zoning ? Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 A.M. in REQULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Max A. Rasse, Jr. VICE-CHAIRMAN: Michael J. Volpe Richard S. Shanahan Burr L. Saunders Anne Goodnight ALSO PRESENT: James C. Giles, Clerk; John Yonkosky, Finance Director; E/lie Hoffman, Annette Guevin and Wanda Arrighi, Deputy ~ Clerks; Ron McLemore, Assistant County Manager; Tom Olliff, Assistant to the County Manager; Ken Cuyler, CountY Attorney; William Lorenz, Environmental Services Administrator; Robert Fahey, Solid Waste Director; Kevin O'Donnell, Public Services Administrator; George Archibald, Transportation Services Administrator; Frank Brutt, Community Development Services Administrator; Guy Carlton, Tax Gollector; Bob Blanchard, Growth Planning Director; Russell Shreeve, Housing and Urban Improvement Director; Wayne Arnold and Philip Scheff, Planners; Sue Fllson, Administrative Assistant to the Board; and Deputy Byron Tomlinson, Sheriff's Office. Page October 9, ~990 'AG][NDAAND CON,Err AQKNDA APPROVED WITH CHANGES Commissioner Shanah~n ~oved seconded by Co~uatseloner Goodntght ~nd carried unanimously, that the &genda ~nd coneent agenda be &pproved with the following changes: 1. Item #gE1 - Recommendation to approve and execute a new lease agreement between Bob and Pak Development, Inc., and Collier County, a Political Subdivision of the State of Florida for ~.; the Probation Department's use of office space in the Amtlcar Complex, Naples, Florida. Added (Requested by Staff). ~" 2. Item #14E6 - Recommendation to approve and execute a new lease agreement between Collier Enterprises Realty Group, Inc., and Collier County, a Political Subdivision of the State of Florida, for Growth Management Department's utiliza- tion of office space located at 3050 North Horseshoe Drive, Suite 176, Naples, Florida. Deleted (Requested by Staff.) 3. Item #8A Moved to Item #SE - R. Bruce Anderson representing Germain Automotive Facility - Stop Work Order. (Requested by Staff.) .' 4. Item #14Cl Moved to Item #9C! - Recommendation to adopt a resolution establishing a schedule of parking fees and beach parking permits. (Requested by Commissioner Volpe.) /~ 5. Item #12F - Consideration of establishing a Citizen's Committee to oversee the distribution of the one-cent sales tax in the event the tax passes in the November election. Added (Requested by Commissioner Saunders.) 6. NOTE: Tax Collector, Guy Carlton, will be presenting a check to the Commission for unused fees collected during FY 89/90. Mr. Carlton may not be at the meeting until after the presen- tations section is heard and is requesting that he be allowed to present the check at the time of his arrival. ADDED CO~ NAI~AGIR TO SEARCH THI P~ECORD$ AND ADVISI WHIRE STATEMI[NT$ WERE NADI RE $150,000 TO BI USID FROM TOURIST DIVELOP~IKNT TAXES TO SUPPORT THI NU$~ AI~D CUTTING THI GElfKRAL ~ EXPINDITUlt~S BY THAT Commissioner Saunders stated that there has been a tremendous a~ount of discussion tn the newspaper and the media with respect to %~.~ tourist development taxes and their uses for support of the County i; Nueeulm. He indicated that he reviewed the. tapes from the Commission meeting at which the Tourist Tax was approved for placement on the ballot, noting that there was no mention in that meeting concerning using those funds to support the General Fund budget by paying operating costs for the Museum in the amount of $150,000. He '~ ' _October 9, 1990 ~'~.req~ested that County Manager Dorrill and Assistant County Manager ~cLemore search the records and advise as to where it was stated to ~.the Commission that $150,000 in Tourist Development Taxes would be used to support the Museum, therefore making it appropriate to cut the General Fund Expenditures by that amount for the Museum. He explained that this is not to be an agenda item today, but feels that it is appropriate for the entire issue to be clarified. PigmenTATION BY TAX COLLICTOR CARLTON OF CHECK IN THE AMOUNT OP ~,461,~43.63 FOR UNUSED FEES COLLECTED DURING FY 89/90 Tax Collector, Guy Carlton stated that when he took office, he set & goal of returning $! million back to the taxpayers of Collier Oounty, noting that he reached that goal for the past two years. He indicated that he realizes that this has been one of the most dif- ficult budget years ever, and hopefully, the check that he is pre- senting will help to make those budget cuts less painful. Mr. Carlton presented the Commission with a check In the amount of $1,461,143.63 for unused fees collected during FY 89/90. Commissioner Hasse thanked Mr. Carlton for the exceptional 3cb that he and his staff has done. Commissioner Saunders suggested that a resolution be prepared and presented at next week's meeting, to thank Mr. Carlton and his staff for a ~ob well done. P~E~TATION BY TOM TALLON, GOM~%~DER OF THE OOLLIE~ CHAPTER OF THE AMERICAN EX-PRISON~"RS OF WAR, TO LEWIS SCHULZ, DIRECTOR OF VETERANS Commander of the Collier Chapter of the American Ex-Prisoners of ~War, Tom Tallon presented Director of Veterans Services, Lewis Schulz, w~th paper work donating a Packard-Bell computer to the local VA Outpatient Gllnic. He indicated that the excellent work which has been performed by the Veterans Services office has helped many Collier County veterans. He explained that he hopes that the computer will !ii!help to improve VA service to all area veterans. Page 3 October 9, 1990 Veterans Services Director Schulz advised that one of the most } difficult tasks that the Veterans Administration has, is to obtain needed medical supplies, organ transplants and organ donors throughout the United States. He indicated that the donation of the computer system will allow the VA Outpatient Clinic in Ft. Myers to obtain these supplies in a speedier process. He expressed his gratitude to the Ex-Prisoners of War, Collier County Chapter. P~~TIO~ EXPR~SSINO ~RATITUDE TO THE AMERIOAN EX-PRISONERS OF WAR Commissioner Hasse read and presented a proclamation to Commander Ta]lon, of the Collier Chapter of the American Ex-Prisoners of War, for sponsoring Daisy Days, to attain their motto - to Help Those Who Cannot Help Themselves. Page 4 October 9, 1990 Com~issioner Haese presented Employee Service Awards and congratu- lated the following employees for their service with Collier County Government: Kyle A. Lukasz, Utilities - [0 years Oordon M. Kelly, Facilittss M~nagement - l0 years Z~n ~C! Soc~a~ Se~v~ce~ D~ecto~ Sk~nne~, on be~aZf o~ ~e Association of Soc~a~ Services Executives, ~eqves~ed ~a~ A~e Goodn~g~ be ~ecogn~zed ~o~ he~ many ~o~a o~ de~ca~ed service ~n he~p~ng ~o ~orm~a~e ~eg~s]a~on and ~u~es ~o govern ~e ~ ~nd~gen~ ~ea~ ca~e services ~o ~he poo~ and needy o~ ~o~]~e~ Covn~y ~d ~e S~a~e. S~e advised ~a~ fo~ L~e pae~ ~wo ~ea~e, many count~e~ ~n ~he S~a~e ~ave re~ed on ~h~ee eeZec~ed Commissioners spe~ fo~ ~em and ~rus~ed ~em ~o represen~ the~ ~n~e~e~ mos~ ~mpo~an~ ma~e~, and one of ~hose ~ee ~ho co~b~ed g~eat~y ~o ~h~e e~o~ ~s Co~e~one~ Anne ~o~en of appreciation ~om ~ F~o~da Co~n~e~. Zt~ ~ ~TZO~ "Z~AT~ON~ ZN STATE ~ LOCAL GO~~" A~ - ~ ~Z~ ~C~ ~N ~ ~O~ OF ~100~000 Co~s~one~ Haeee eta~ed tha~ two ~ee~e ago ~e ~ad of ~rave~ng to Ne~ Yo~k C~t?, and p~esented ~he Commission ~t~ an ~ard t~a~ he Tece~ved on be~a~ of CoZ~e~ County's So~d ~aste Department f~om t~e Fo~d Fovndat~on and ~e Jo~n F. ~ennedy Government at Harvard. He no,ed that Co~e~ County ~as p~eeented one of ~0 a~a~de fo~ t~e most outstanding, ~nnovat~ve p~og~ams ~n State ~d Loca~ Government. He explained t~at t~e County's Landf~ m~n~ng p~og~am ~s the p~oJect ~ch received ~e p~esentat~on an~ recogni- tion. He commended So~d ~aste D~rector Fa~ev and Engineering Page October 9, 1990 acts Manager Donegan for their efforts in this program. Solid Waste Director Fahey reported that in 198§ when the County was contemplating the construction of a waste energy plant, it was :~' determined that if the landfill could be mined, there may be fuel which could be used as a supplement rather than purchasing wood chips. He indicated that the Commission approved testing In the amount of $9,000 in 1986, and in 1987, a grant was received from the Governor's :':.! Energy Office in the amount of $20,000. He affirmed that in 1988, equipment was purchased, and new equipment is presently being tested which seems to hold even greater promise for greater efficiency. He advised that the Department of Environmental Regulations is currently ?i writing a rule so that this process can be applied throughout the State. He noted that the Commission recently approved a two year contract with the University of South Florida for research to improve ~: the process and obtain more efficiency. Mr. Fahey explained that the award will be used for the purchase ' of additional equipment to generate literature to other communities so they can adapt the process, and a series of seminars will be held in conjunction with the Conservancy. He presented the Commission with a check in the amount of $100,000 from the Ford Foundation. Xte~ GE~AIN AUTO%~(FTIV~ FACILITY TO CE~J~E CONSTI~UCTION DU~ TO EAGLE NESTING ACTIVXT~; F~TITIONEI~ TO ~HTO~R TO BCC AFTKR MONITORING OF EAGLE'S Attorney Bruce Anderson spoke on behalf of the Germain Auto Dealership, and noted that his client is withdrawing the petition that wa~ filed. He advised that when the Stop Work Order was issued for the project and his letter was sent, the number of eagle's nesting on the next door property was undetermined. He indicated that his client ~i: hired Todd Turrell, Engineer, to perform monitoring of the eagles nest over the weekend, and based upon that study, it has been deter- mined that there are two eagles engaging ~n the early stages of : mating, nesting behavior on the adjacent property. He noted that because the next 12 months are the most critical of the eagles nesting Page 8 October 9, 1990 hie client will cease all construction activity on their new site. Attorney Anderson reported that toward the end of December, moni- toring will again be done and depending on the findings of same, and the recommendations of the Game and Fresh Water Fish Commission, he ~a¥ com~ back before the Commission and request to resume the site ,rk which has begun. Commissioner Hasse commended Attorney Anderson and his client for their efforts to preserve the conservation of the wildlife. Mr. Gary Beardsley commended Germatn Auto for their response to facts which have been gathered in the field. He reminded the ,~.~ Commission of the measurable goals that have not been met by the County with its contract with the State. He noted that the deadline to have management guidelines in place for eagles was August 1, 1989, but those are still not in place nor have 19 other measurable goals been instituted. Environmental Services Administrator Lorenz explained that the ~.;[~ Bald Eagle Ordinance was presented to the Environmental Advisory .-Committee two or three weeks ago. With respect to the management ~. ~uidelines he explained that by August l, 1989, the County was to include stipulations in Development Orders with regard to guidelines from the Game and Fresh Water Fish Commission. He reported that those stipulations are included in this particular Development Order. Mr. James Farkas stated that he lives on the property north of the eagle habitat. He commended the Commission and Mr. Germain for ceasing work on the project. He indicated that the guidelines state "~" that a nest shall be considered active for several years pending the Eagle Ordinance, regardless of nesting or mating activity, and there- fore, the nest should be protected and there should be no thoughts of entertaining work again in December. He explained that there is a ~. concrete block wall projected on the site which runs through the pri- mary eagle zone but the PUD document states that a 6 foot opaque fence cannot be placed in the area, and noted that there appears to be a Page ? October 9, 1990 conflict. He stated that he has a document from the Game and Fresh Hater Fish Commission indicating that they are in a Catch 22 situation with regard to removing exotics which is to be done in such a way without causing any damage to the native vegetation. Additionally, he noted that there are 5 tortoise burrows within the 750' eagle zone. Commissioner Saunders suggested that Staff flag this PUD and Site Development Plan to make sure that there are no inconsistencies and that the ordinances are being complied with. Development Services Director Pettrow advised that there does ~!.appear to be some inconsistency with the language in the PUD regarding fence for the protection of the eagles ne~t. He related that apparently the intent of not disturbing the eagles was lost when the area on other sides of the development was reduced for the storage of water which necessitates either a berm or a wall for the containment c,f the water. He noted that he w~[1 be working with the staff and the ~applic~t to clarify any ~ncons~stencJes and will regort back to the 'Coffee,on. lt~ ~B2 ~DI~CE 90-~6, ~ PETITION ~ C-3 ~ ~-6 TO ~-12 FOR ~OPKR~ LOCATED AT ~I~ A~, CONSISTING 0F 2.57~ AC~S - ~ED S~JECT TO Legal not,ce having been published In the Nagles Daily News on September 19, 1990, ae evidenced by Affidavit of Publication f~led w~th the Clerk, public hearing was ogened to consider Petition R-90-11 ~le~ by Hole, Montes a Associates representing Global Investors, Inc., recasting adopt/on of a 9rogosed o=dinance amending O=d~nance 82-2, by changing the Zoning classifications of the 9roperty located a~ the northeast corner of Neptune Way and Bluebell Avenue, in Section 20, T~ehJ9 48 South, Range 25 East, Col[Sar County, Florida from C-3 ~d ~F-6 to ~F-12 for 23 res~dential un,ts, consisting of 2.57~ Pla~er Scheff advised that this Petition la a Rezone request from C-3 ~ ~-6 ~o ~Y-12 for 23 residential units for property located Page 8 October 9, 1990 on the northeast corner of Bluebill Avenue and Neptune Way. He stated that presently existing land uses are undeveloped woodlands and the surrounding properties to the north, east and west are undeveloped woodlands with scattered trees; and property to the south across Bluebill Avenue is undeveloped lands and there are single family resi- dential homes further to the south. Mr. Scheff indicated that Staff has no objection to this Petition, subject to all stipulations listed on the Agreement Sheet attached to the Staff report dated July 18, 1990, however, there have been ~addttions/deletions to the agreement sheet as per the Planning Commission's request. He explained that the CCPC recommended approval of this request with a 4/3 vote, subject to staff's stipulations and the amendments to the agreement sheet. He noted that concerns have h~en expressed with regard to the proposed density of the subject pro- party in addition to setting a precedent for other properties in the · /'ea. He reported that there was no public comment at the CCPC hosting and no correspondence has been received. Mr. Scheff reported that this petition is subject to the commer- cial conversion criteria of the Growth Management Plan, and is in con- formmnce with same. Commissioner Volpe voiced concerns with respect to the density of 23 proposed units on a 2.57 acre site in a traffic congested area. He indicated that under the Density Rating Bonus System, the number of permitted units have been maximized with one unit being subtracted due to the traffic congested area, and S units have been added back in for a total of 9 units per acre. Mr. John Lee of Hole, Montes & Associates, Inc., stated that the environmental considerations of this project have been met, noting that unanimous approval was received from the Environmental Advisory Council. Ne indicated that 3/4's of the site has been set aside for io~n space, all the water from the street will be treated on the site's water management system, and a 2 story building is proposed with parking underneath. Page 9 October 9, 1990 Mr. Lee indicated that his client is the first applicant to volun- tarily convert the commercial zoning to residential as opposed to hav~ng a site development approved, as many other projects did during the past few months. · In answer to Commissioner Volpe, Mr. Lee stated that 3/4 acre has been set aside for an oak preserve area, and 1.5 acres will kept open for gopher tortoise habitat. With regard to surrounding properties, Commissioner Saunders noted ~. that there is undeveloped woodlands, RMF-6 to the north; undeveloped woodlands, C-3 to the east; and RMF-6 to the south. He related that it appears that the Commission should be looking in terms of RMF-6 to be compatible with what is around the site versus starting out with RMF-16 since the other surrounding properties will be coming in and applying for RMF-16 due to a precedent being set for that density. Mr. Lee replied that the site is located at the intersection of two roadways and there are parcels surrounding this project that may also qualify for the residential infill criteria and receive a density bonus. In answer to Commissioner Saunders, Planner Scheff advised that he feels that 9 units per acre is appropriate. He explained that further west toward the Gulf, there are high rise structures with RMF-16 and further to the south are motels. He indicated that in his opinion, this provides a transitional type of residential use in between the higher density along the coast, and the lesser density to the south 'and the east. In response to Commissioner Hasse, Mr. Scheff explained that 3 stories are proposed for the subject site. He reported that the Zoning Ordinance allows, based upon the Planning Services Manager's discretion, one to two stories of under-building parking. Mr. Lee stated that his client is willing to limit the buildings to two stories over parking, and include this stipulation in the agreement sheet. Growth Planning Director Blanchard affirmed that the applicant Page 10 October 9, 1990 ~lied for the rezoning prior to the adoption of the Zoning R~evaluation Ordinance. He noted that the other commercial properties the east have been notified, and to the best of his knowledge, no )licaticns for exemptions or exceptions have been received. Co~u~issioner Volpe expressed concerns, indicating that this site lis in a traffic congested area, may be in the coastal high hazard and noted that one of the Goals in the Growth Management Plan is ~to direct the population away from the coastal high hazard area. He stated that this is an environmentally sensitive site and there is [mization of the Density Bonus system. He questioned whether any consideration has been given to a reduction in the density. Mr. Lee replied that his client has not come up with an alter- ~ative pls~ with respect to the density, but looks to the Commission guidance if there is opposition to this petition. Mr. George Keller, President, Collier County Civic Federation, ~statsd theft there are loopholes with respect to the maximum densities bonus(~s. He noted that a decent density needs to be implemented allevi~te the creation of another Ft. Lauderdale. He suggested ~6~tlntts p~r acre be used if a property is being converted from commer- ici~l. He indicated that the law should be specific enough so that :when thes~ people are planning their projects they can meet with staff ~and settl~ these issues before a presentation is made to the Com~issio~. Oommtmsioner Saunders noted th&t he does not believe that the !.~l~etlttone~ will receive approval for 23 unlts on bls tract of land0 suggested that the applicant go back to the drawing board to see what he can come up with. ~ . In answer to Commissioner Goodnight, Mr. Scheff stated that the ~MF-16 includes the C-3 parcel, but the density can be spread over the ~entire project. Commissioner Saunders suggested that the density remain at RMF-6 for the two parcels that are currently RMF-6 and allow 9 units per ~ acre on the C-3 parcel, with the total density spread throughout the Page 11 October 9, 1990 :ire site. Mr. Scheff stated that the end result would be ? or 8 units per acre Oom~tssioner Volpe explained that he supports 8 units per acre the ~ntire project. He reported that in the terms of fairness, should be made since this is a traffic congested area. Mr. Blanchard related that the adjacent commercial property which is undergoing zoning reevaluation would probably not be converted to RMF-6, but rather to a single-family zone with a density of 3 to 4 units per acre. Mr. L~e asked that the Commission consider a total of 18 units for this property. There were no other speakers. Co~tmeioner Volpe ~oved, seconded by Cowsteetoner Saundere and ;. c~ied un~nimly, that the public hearing be closed. · ;,.: Oo~t~etoner Volpe ~ved, seconded by Commissioner Saundere and ~urrt~ unanimously, to approve Petition R-90-11, subject to all eti- p~l&tions by the Collier County Planning 0ontseton, and the addl- iii~ tion~l stipulations that the number of unite be reduced to 1~; that t~e ~atldtn~ height not exceed 2 living floors over parking, for a · ~xt~ height of 35'; ar~ that the ~utdeltnee under the current RMF-6 · o~l~ clueiftcation pertain to this project, thereby adopting the Ordinance u numbered and titled below, subject to the Petitioner's Agreement es ~nded and entered into Ordinance Book No. 41: ORDINANCE 90-76 AN ORDINANCE AMENDING ORDINANCE NUMBER 82-2, THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 48-25-4, BY CHANGING THE ZONING CLASSIFICATIONS OF THE HEREIN DESCRIBED PROPERTY LOCATED AT THE NORTHEAST CORNER OF NEPTUNE ~AY AND BLUEBILL AVENUE, IN SECTION 20, TOWNSHIP 48 SOUTH, RANGE 25 EAST, 'f COLLIER COUNTY, FLORIDA, FROM C-3 AND RMF-6 TO RMF-6 FOR 15 i~,.. RESIDENTIAL UNITS, CONSISTING OF 2.57--+ ACRES; AND BY PROVIDING AN EFFECTIVE DATE. Page 12 October ~, 1990 O~J)X~ 90-??, ~ P~;TI?ION R-90-10, QEORGE L. V~J)OI OF YOUN0, V~ ~S~Ni)E~t.P, VAR.~ADOE ~ B~0N, P.A., ~$~YN0 ~E OHYP P~~P, C/O ~ IMS~S OF N~LKS, INC., ~ZO~ ~OM 'K ~A~S ~ ~Y-3 TO PUD FOR ~E NOR~ NAPLES ~DIC~ P~ LOCATED ON I~~ RO~ ~OXI~TELY 1 MILE ~ST OF U.S. 41 - ~ED S~JECT ~ ~DITION~ STI~TIONS TO ~E ~IOUSLY ~ED AO~ SHE~ Legal no~ce having been published ~n the Nap/es Da~ly News on September 19, 1990, as evidenced by Affidavit of Publ~cation filed w~th the Clerk, public hearing was opened to consider Petition R-90-10 f~ed by ~]eorge Varnadoe of Young, Van Assenderp, Varnadoe a Benton, representing OHIP Partnership c/o Land Investments of Naples, Inc. .~re~estin,~ adoption of a proposed ordinance amending Ordinance 82-2, the Com~r.ehenstve Zoning Re~lat~ons for the unincorporated area of Collier CD~ty, Florida by amending the Official Zoning Atlas Map · 8-25-5 ~d 48-25-6 by changing the Zoning classifications of the here~n described real property from "E" Estates and RSF-3 to "PUD" Plied Unit Developmen~ kno~ as North Naples Medical PUD for the property located on the north side of I~oka]ee Road (C.R. 846), approx~tely one m~le east of U.S. 41 for med~cal/y-re]ated fac~l~- ties, located in Sectlon8 22 and 23, To~sh~p 48 Sou~h, Range 25 Eae~, Collier County, Florida, constot~ng of ~8.7~ acres. P~er Scheft stated tha~ this ~tem ~s a companion to Item SMP-90-18 and bo~h w~]] be d~scuseed concurrently. He related that presently existing land uses are undeveloped woodlands. He noted that ~b~ to the north, across the Cocohatchee R~ver are single family homes and ~develo~ed woodlands w~th Estates and Estates-ST zoning; to the eas~, across the Cocohatchee R~ver are RSF-3 properties, a few undeveloped lots, and predominantly s~ngle-family homes; to the south across K~kalee Road, are a landscaping bus,ness, undeveloped woodlands, the ~North Naples Co~lty Park, and the North County Regional Was~ewater Treatment Facility, Southwest Professional Health Park and the Surrey P~ace Convalescent Cen~er; and to the wes~ Is the Collier Health Center. He advised that this petition has been determined ~o be comp~i~ce w~th the Growth Management Plan which allows for such faci- Page J3 October g, 1990 .tries within a 1/4 mile from a hospital or major treatment center. Planner Scheff stated that Staff has reviewed this petition and ha~ no objection to approval, subject to al/ stipulations as listed on the Agreement Sheet, as revised. He affirmed that the Collier Plamning Commission (CCPC) recommended approval, subject to all on the Agreement Sheet, as revised. He noted that there will additional revisions to the Agreement Sheet which he will discuss y. Mr. Scheff reported that there was no public comment at the CCPC hearing, however, many people left the meeting early, due to the ;,.,length of time involved in previous petitions. He indicated that two .~.[:'letters of support for this petition have been received, citing that the project is a good use of the existing property and is consistent ~!!:with the present medical surroundings. He noted that one letter and one petition with 12 names have been received opposing this petition, citing th{, desire to limit the property to Estates and residential single-fa~lily, concerns of noise associated with the generators and air conditioners associated with the proposed facility, proximity of the project to single-family homes, concerns regarding the sensitivity of the Co¢:ohatchee River, the intensity of th~ proposed project and the height: of the proposed structures, and th~ effects that the pro- posed pro,fact would generate on traffic and on the surrounding com- munity. Pl~ner Scheff advised that since the Planning Co~ission's ~esting, there have been revisions to the lan~fuage relative to the l~nd~cape buffer/greenbelt. He indicated that the CCPC recommended a buffer of lS' along the future Immokalee Road right-of-way, subject to approval by the Transportation Services Administrator, with 5' of the i,. buffer being on the undeveloped portion of the property. Mr. Scheff called attention to an additional revision, Page 3, Stipulation "g". Ha affirmed that the County Attorney's office and the petitioner have revised the language in Section 2.03A of the PUD :'Document ~hich addresses changes to acreages, etc. Page 14 October 9, 1990 Tn an~rwer to Commissioner Volpe, Mr. Scheff reported that Surrey ~i~. Place was approved prior to the adoption of the current Growth ..,Managemen': Plan, and the petitioner is requesting 26 units per acre if ',.mn Adult (:ongregate Living Facility is to be built. He noted that the Southwest Professional Health Park has been approved for 20 units per acre for Adult Congregate Living Facilities. Mr. Sc:hell explained that the PUD addresses the access points, i}.].noting that Medical Boulevard, as proposed in the SMP, is a thru street wh:.ch will connect the Collier Health Park with Immokalee Road. He noted t:hat if the petitioner is unable to obtain his bridge per- mits, he desires to have a secondary access which would connect Im~okalee Road with Medical Boulevard. Mr. Alan Reynolds, Project Planner of Wilson, Miller, Barton & Peek, Inc. stated that the reason for the provision in the PUD docu- ~ent is to allow the option, in the event that there would be dif- ficulty with bridge crossing. He related that the Subdivision Master Plan.s~abm]ttal does not include that secondary access and therefore, is net a decision that needs to be determined today. He noted that in tke event that the bridge crossing is not permitted, the Subdivisicn Master Plan would need to come back before the Commission for a modification to permit the secondary access. He advised that ~>~ the hospital would probably object to the use of one of their private ~.roads as ~erving as primary access to this project, but they did agree the interconnection to keep the interim traffic off Immokalee Road. Mr. R~ynolds pointed out that a lot of time has been spent in ,..working with the hospital to provide for the lnterconnection between the two pzoperties, and additional time was spent in detailing the ' permitted uses that would be allowed in the professional office park so as not to conflict with the hospital's uses. He noted that the Mamter Plsn shows an entry feature which includes the primary access that aligns with the planned project to the south of the Professional Health Center. He referred to the area which contains the stormwater retention lake surrounded by a landscaped area which ties into the Page 15 October 9, 1990 l~cape greenbelt buffer which will run continuously along Immokalee and ~oted that this will create a very pleasing aesthetic image. ,He stated that the stormwater t'hat w~ll be generated from the expan- sion of Immokalee Road w~ll be accepted into th~s pro3ect's system, .ated for discharge into a creek. He called attention to a pre- se~e area surrounded by a passive open space park that ties in along ~he perimeter of the creek tributary, noting that this project exceeds ~t~ Cowry standards for useable open space. In response to Co~iss~oner Volpe, Mr. Reynolds reported that the ~ffering along I~okalee Road w~ll be 20'. Mr. Scheff advised that ~Staff originally proposed 25' but the CCPC reco~ended 20~ There ~ere no other speakers. ~llJ~r S~ ~, seconded ~ Co~issioner Vol~ ~d ~to t~ P~ ~ ~ter~ ~n~o Ord~ce ~ok No. 4~: O~IN~CE 90-77 AN ORDINANCE AMENDING ORDINANCE NUMBER 8~-2 THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERS 48-25-5 ~D 48-25-6 BY CHANGING THE ZONING CLASSIFICATIONS OF THE HEREIN DESCRIBED REAL PROPERTY FROM "E" ESTATES AND RSF-3 TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS NORTH NAPLES MEDICAL PUD FOR PROPERTY LOCATED ON THE NORTH SIDE OF IMMOKALEE ROAD (C.R. 846), APPROXI~TELY ONE (1) MILE EAST OF U.S. 41 FOR MEDICALLY-RELATED ~'.' FACILITIES, LOCATED IN SECTIONS ~2 AND 23, TOWNSHIP 48 SOUTH, ~NGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 18.7~ ACRES; ~D BY PROVIDING AN EFFECTIVE DATE. ~L~ZOI 9~480, ~ PETITION 5~-90-18, ~ D. ~OLDS OF WILSON, C/O ~ I~S~ OF N~LES, INC., REQUESTIN~ SUBDIVISION ~TER ~ ~0~ ~R ~ NOR~ N~LES ~DIC~ ~, LOCATED ON I~O~EE '. ~ - ~ SUB,CT TO ~DITION~ STI~TIONS TO T~ ~IOUSLY October 9, 1990 the Clerk, public hearing was opened to consider Petition > ~$MP-90-18, filed by Alan Reynolds of Wilson, Miller, Barton & Peek, Inc., repr..-senting the OHIP Partnership, Inc., c/o Land Investments of Naples, In.--., requesting Subdivision Master Plan approval for the ]'i. North Napl.~e Medical PUD, located on the north side of Immokalee Road, i(G.R. 846), approximately one (1) m~le east of U.S. 4~, ~n Section 22 ~d ~, T=~ship 48 South, Range 2S East, consisting of 18.71~ acres, ~ion Petition R-90-10). . ~ ~tem ~s discussed above w~h Companion Petition R-90-10. ~t~ ~l~ly, to close the ~bltc hearing. ~sst= S~ ~, seco~ ~ Coatsstoner i~t~ht ~ =miet ~imly, to a~r~e Petition ~-~0-18 ~d that ~mluti~ 90-480 ~ ~opted ~bJect to the adlitional stt~lattons to t~ ~to~ly ~ A~ee~nt Sheet. October 9, 1990 ~ ss~ lime 10=30 &.M. - l~conv~n~d 10:40 &.M. at which ttm~ D~pu~ Clwrk ~tn r~lac~ ~ Clerk Ho~f~ *** :t~ ~B2 ~~I~' ~481 ~ PETITION PU-89-13, ~N~D PIC~R~, ~$~ING ~~ ~ OF ~GLES ~4028, ~Q~STING ~ISiON~ USE "d" OF ~ "E" ~A~S ZONING DIS~ICT ~R A ~~ ORG~I~TION CL~HOUSE ~R ~~ 0N TH~ NOR~ SIDE OF G~EN ~~ - ~ED WI~ ~ITION~ ~ ~ED STI~TIONS Pla~er Scheff presented Petition PU-89-13, Donald Ptckworth, represent]ng Fraternal Order of Eagles ~4028, requesting provisional "d" of the "E" Estates Zoning D~strtct for a fraternal'organiza- ~.tlon clubhouse for property on the north side of Green Boulevard 660 fe~t west of C.R. 951, tn Section 12~, To,ship 49 South, Range 26 East, ~d ~s further described as the east ~80 feet of Tract 125, Unit :z26, Golden Gate Estates and cons/sting of approximately 2.72 acres. ~H.e stated the land ~s presently undeveloped with sca~ered trees. He that to the north, across ~th Avenue Southwest are FPaL, Golden Gate Se~ce Center and undeveloped woodlands which are zoned PUD and estates. He stated to the eas~ are undeveloped lands w~th scattered trees and Estates zoning. He reported to the south, across Green B~levard, are multi-family apartments and businesses associated wi~h ~automot~ve sales and repair, zoned ~F-12 and C-5. He said to the west are ~.ndeveloped woodlands and single-family homes w~th Estates zoning. ~:e advised the pe~i~lon ~s ~n compl~anc,e with the Growth ~agement Plan and S~aff has no object,on to its approval subject to the stipulations listed on the Staff report and on the Agreement Sheet. He. said the CCPC has forwarded this petition to the Board of Zoning Ap[~eals w~th a recommendation of denial by a vote of 5/~. He ind~cated an updated petition w~th 114 names and 33 letters have been received opposing this petition. He reported ~hat 6 people spoke In o~s~t~olt, with 2 speaking in favor of the petition at the CCPC ]~:hear~ng o~t J~uary 4, 1990. He reported the peti~oner requested an ~ndeflni~ continuance until the Board held its transmittal hearing on the Golde]t Gate Mas~er Plan ~n order to show greater compat~btli~y w~th the proposed plan. He said that meeting was held on 7/25/90 with 37 Page ! 8 ~ , October 9~ 1990 the re~ul': of transmittal of the plan to the Department of Community i~;,,Affairs. He concluded the petition is in compliance with the proposed ~...Golden Ga':e Master Plan. Commi~sioner Hasse asked if the CCPC is aware that the lO acre ::site adjacent to the subject site will possibly be zoned commercial within tho new Go/dun Gate Master Plan? Plann~r Scheff replied the CCPC heard this petit]on in January, : and the i~sue of the Golden Gate Master Plan was only briefly d~lcu~sed. He said the CCPC was aware of the lO acre piece of land, . but the M~ster Plan was in the initial stages and zoning had not been determined. ~',:, Commt[=eioner Volpe asked if this PU should be reviewed under the .... ex/sting (:omprehensive Plan or the proposed Golden Gate Master Plan? Count}, Attorney Cuyler responded that the legal requirement is that the [~oard view this petit]on under the current plan, but that does not [~reclude the Board from taking into account the proposed uses under the future Master Plan. Attorney Donald Plckworth, representing the Fraternal Order of Eagles #4028, stated that when this petition was before the CCPC in January, there was concern expressed as to whether a project of this t~e would be compatible with the future Golden Gate Master Plan. He ~i:ltated fo]lowinG the recommendation of the CCPC 2or denial, he requested Staff to continue this item until such time as some action :.;:.?:on the Master Plan had been taken in order to have the benefit of ~. d~alin~ with what the Plan actually said. He stated although the Plan 'has not yet been adopted by the Board, it is a document that repre- sents what the Board feels regarding these type of transactions. He .. , that whether this petition is viewed under existing standards i°r those of the proposed Master Plan, the proJect meets al/ the i!i' various criteria. He indicated there are several issues in relation to some of the objections that have been raised that need to be empha- sized. He said this property runs from Green Boulevard back to 15th Avenue SW, the same as other properties that border these two streets. Page October 9, 1990 ~/.He added that although residents have access to both Green Boulevard and 15th Avenue SN, the majority of residents have chosen to front on . 15th Avenue SN. He said the Eagles have, therefore, chosen to locate /.their project on the Green Boulevard side in order to reduce to v/r- ': tual non-~xistence any impacts of the proposed building on the neigh- borhood. He added that the stipulations prohibit any access to 15th Avenue SW, which eliminates any traffic impacts on the neighborhood. · He stated their commitment is to build as close to Green Boulevard as l)osaible t~ith the remainder of property past the parking lot to be ~,i. retained :In its natural vegetation. He said this is also being done create as much separation as possible of this building from if;'~l~rroundlng residential areas. He also suggested if Staff will · agree, their the parking lot be shifted as close to the property line ~>~'i' as possible which will create another 25 feet of buffering from the ' ;:esidenti~ll side of the property. Mr. Plckworth mentioned the issue of compatibility, indicating the i~: Master Plan allows this type of PU as a transition from residential to ,,i,!.co~mercia][ properties. Another issue, he said, is the level of noise f-i and glare from the parking lot. He stated this site is uniquely situated ~:o reduce and possibly totally eliminate any noise and glare problems. He also advised the Board that the petitioner is willing to abide by ~ny st~pulation that may be added requiring erection of opa- que fencing to further screen the parking lot from residential areas. He added that the petitioner is aware of a recent petition by a fra- ternal or~;anization which was approved with a limit placed on its hours of operation. He said the Eagles are amenable to a limitation on the hours of operation, but would like the ability to stay open ~iu/~til 1:0¢) A.M. on Saturday, 12:00 A.M. on Friday and 11:00 P.M. every i~ther night of the week. Co~i~sioner Volpe asked what other types of functions w~ll be 'conducted at this facility? Mr. P.[ckworth stated the activities will be operation of the lounge an,! the meeting hall for members. He said there will not be a Page 20 October 9, 1990 restaurant, however, approximately once per month, dinners will be served. Co~missioner Volpe questioned if certain types of events, such as 'ibingo, are held on a regular b&sls. Hr. Pickworth stated there will no fundraising activities held on a regular basis. He said there wil/ be certain functions he/d in the building in connection with their various civic activities, but no weekly events, such as bingo games. In answer to Commissioner Hasse, Hr. Pickworth agreed that the hours of operation wil/ be in effect regard/ess of the activity taking place. In response to Commissioner Shanahan, Hr. Pickworth clarified that there wil! be no restaurant and no Sunday morning breakfast. Hr. Pickworth, in answer to Commissioner Hasse, indicated the waste wi/! be disposed via a septic tank with a limit of 3,000 gallons. ~e added that wi// act as a limit to the extent of the faci- lities. ~e said it is hoped that, at some point in time, sewer set- vies will become available either through the public utility in Golden City or through the adjacent property should it develop as a com- ~ercial site. Comml~sloner Shanahan asked if the CCPC heard this petition on the basis of ~l 1§0 seat restaurant, to which Mr. Ptc~worth replied in the aff~r~ati~e. Mr. Ptckworth c/arified that the restaurant issue was incorrect]fy characterized at the time the CC~C heard this petition. He said there was never the intention of a restaurant for the public on this p~'operty. The following people spoke in opposition to this petition citing · & desire to keep the area res/dent/al; concerns with the potent/a! affects of the club noise, operating hours etc.; affects on property values on neighboring properties and traffic concerns: Ron McIntosh Jan/ce Dee Snyders ~ ~eor~. Keller Danny Matousek $~ndrs~ Butler Jim Coletta Mabel Wilson Way/on Wilson ~eorg~a McKlnney The fc, llowtng people spoke in favor of the petition explaining that the ~iagles is a charitable organization benefiting residents of Page 21 October 9, 1990 the com~u~ity; there will be no outdoor activities after dark; the , hours of operation can be reduced; the central location of the faci- :~i lity in r,~lation to the club's members; the need for a larger facility to facill':ate the club's growth in membership and adequate access to viable ro~lds: Tom H,~nning Don Be·croft Kathy Wood Bob Snyder .Steve Ritter Bonnie Roth :,, -James Handschumacher Lloyd Lake Com~ai~]sioner Goodnight remarked that a problem exists in the Golden Ga':e Master Plan because it allows this classification of PU's as · tran~;Xtion from commercial to residential zoning. Growth Planning Director Blanch·rd stated there will not be a 'domino effect by allowing this PU. He also pointed out that these ~U~s were felt to be appropriate uses ad3acent to designated commer- cial area~ by the citizens who were members of the Golden Gate Master Plan Committee. '~'~ In anco, er to Commissioner Volpe, Planner Scheff replied that Staff has anal~:ed this petition under the existing plan and recommends ;' approval based on the current criteria. He stated it also meets the ~ proposed Golden Gate Master Plan criteria. Comml~sloner Goodnlght stated she has mixed feelings regarding ',~ . this pet~:ion. She said she was a member of the Board when the Eagles i~~, were turmtd down for permission to build on a different piece of pro- Ime~t¥. She reported the Eagles, at that time, asked the Board what twype of p]3operty they should look for in order to receive permission to build their clubhouse. She said the Board indicated they should ;~::~:find that in accordance with the Growth Management Plan ~. something was at that time, and they have done that. She advised there is a problem :~ with what is allowed in a PU and the Board needs to address that. Commi~sioner Saunders agreed with Commissioner Goodnight in terms of having mixed feelings with this type of petition. He stated he is ~i{heaitant ':o approve a social club on this property. He mentioned some October 9, 1990 changes to the petition that might minimize his problems: 1) outdoor functions will be inappropriate after sunset on any day of the week; ~2) in terlm of buffering, stipulate the need for opaque fencing from Green Boulevard to 15th Avenue SN on the west side of the property and also maximize the amount of space and vegetation for buffering on the west aide; 3) the hours of operation should be reduced on Sunday through Thursday XO:O0 A.M. to 11:00 P.M.; alcohol will not be served past lO:OC P.M.; and a closing time of 1:00 A.M. on Friday and Saturday ~tth no alcoholic sales after midnight. Mr. Pick-worth indicated those suggestions are agreeable to the petitioner. Commissioner ¥olpe remarked that there are stipulations within the Agreement Shes' concerning a restaurant. Planner Sc ff suggested that the language of Stipulations "u" i. "x" and "z" be! ~vised. Mr. Pickwo: stated that Stipulation "z" is no longer necessary. He said that S ~ "u" and "x" when referring to a restaurant need to be ~, Mr. Scheff ested that the Board be specific as to the type of eating facllit that will be allowed. County Att~ Cuyler advised that the language can be changed to reflect that ti · will not be a restaurant facility serving daily meals but it od that there will be monthly meals. He added that he will out the actual wording with Mr. Ptckworth. He also pointed out the majority of Stipulation "z" should be kept in the Agreement [eet with the word "restaurant" struck out. Commission Volpe suggested that if approved, this petition be allowed only ii :he 10 acre parcel to the east is ultimately approved ae · CO~e~cia ion. · : Mr. Pi ·greed to that condition as well as constructing a alon~ ntire length of the western boundary of the property. also mentioned that since only · five foot buffer is necessary bet- ween this ;~arcel and the adjacent 10 acre site if approved as commer- Page 23 October 9, [990 c/al, the entire parking lot can be shifted. He said this will add 20 feet of buffer/no area on the west sade. ~iestoner Volpe ~oved, eeconded by Co~/s~toner S~ ~d ~i~ ~t~ly, tMt Resolution 90-481 re Petition ~-69-13 ~ ~b~t to the stt~l~ttons s~t forth tn the i~nt ~hsst ~1~ .~ ~tsto~ ~tth rs~ct to the d~l~tt~ to r~fer~ces ~ ~ ~ ~liverd throb 15th A~nue ~; t~t there ~ mi- a ~fetq ~ the ~tldln~ a the ~ktn~ ~ea to t~ t~t ~t~m ~lfertn~ of the pr~r~ to the ~st ~ acht~ ~ re- I~t~ e~ ~kln~ lot clout to the pr~s~ comrct~l ~c~l to ~ ~; t~t t~ ~s o~ o~ratlon .tll ~ froa S~y t~h ~, 10:~ A.N. to i1:00 P.N. -tth alcoholic ~rl~es ~t sold alter 10:~ P.N.; ~tday ~d ~a~r~y the h~rs of o~ratton will 10:~ A.N. to 1:00 A.N., etth alcoholic ~vera~es not sold after nt~t; if l~kt~ lot ll~htin~ ts fo~d n~c~ssa~, it s~ll ~ it~l~ ~ ~tnti~ d~rd; ~d tat this a~r~al ts conditioned ~ t~ 10 ac~ ~cel to the east of the nbJect pro~r~ ~tn~ :~t~ a ~rclal lxatton ~tthtn the Golden Gate ~ter ?, Pa~e 24 ~, .' October 9, lggo ~1~*. 1~10 P.N. - Reconvened: 1.-50 P.M. at ~tch t~ ~ Clerk ~rt~t r~lac~ ~ty Clerk ~tn ~OI ~482, ~ ~ITION ~-89-9, ~VA~ SC~I OF SC~I ~Z~ ~ ~SION~ USE ~a~ OF ~g ~F-2 ZONI~G DIS~I~ ~R ~~~I~ ~TI~E ~KING FACI~I~ ON ~OPER~ L~A~D ON ~ ~ SID~ OF ~ ~IELD DRI~ ~ROXI~LY 200 ~ET NOR~ OF S~~ ~I~S OF SO~ B~IELD DRI~ (~C0 IS~) - A~D Pla~er Scheff informed that the subject pe~itton was approved the Board of Zoning Appeals to allow a non-co~e=cial multiple docking facility on October 10, 1989. He added that this Provtetona1 Use ;e~tre on October 10, 1990. ~e stated that it ts Staff,s reco~en- datton t~at the Board extend the subject petition one year. Plier Scheff explained tha~ tn order to carryout the Provisional [Use, a Subdlvlsion Master Plan of the area wae provided and reviewed within t~e past few weeks. :'~ ~t~ ~ly, t~t ~luti~ 90-482 re Petttt~ ~-89-9 Page 25 ~ , October 9, 1990 P.~OLOTX~ 90-483, R~ PKTITXO~ SMP-90-25, GKOFIrRKY G. I~:2RSE OF ~, ~ · ~K, INC., ~S~ING VI~ ~I~O, ~QUKSTIN~ S~DIVISION ~ ~ ~~ ~R ~STIC PI~S OF WILLOUGHBY L~A~D NOR~ OF ~ ~ ON ~ ~ST SIDE OF ~ NOR~ TE~I~S OF EUCLID A~ (I]~ ~ ~ C~Y ~ ~ ~LLOUGHBY AC~S) - ~D, ~ ~) ~ ~ITIO~R'S A~~ S~ET Legal notlce havlng been published ]n the Naples Dally News on September 23, ~990, as evidenced by Affldav~t of ~blicat~on filed wllh ~he Clerk, public hearing was opened to consider Petition S~-90-25, f~led b~ Geoffrey G. ~rse of Evers, Neal R ~rse, Inc., ~ep~esent~ng V~to Truplano, requesting Subdlv~slon Master Plan appro- . val for ~Jest~c Pines of Wllloughby located north of I~okalee Road on ~he ea~ s~de of the northern terminus of Euclid Avenue (ln the ~ea co,only ~o~ as Willoughby Acres) ~n Section 24, T48S, R25E, consisting of 5+ acres. Plier Arnold stated that the pe~loner is requesting sub- d~vlslon nmster plan approval for MaJestlc Pines of W]lloughby, a 15 lot, 5 acre single-family subdivls~on which Is designed around a 477 foo~ ~l-de-sac and Is an extension of Heritage Way. He related that Her~age Way ~s a road that has been previously approved as part of ~he Wlllovghby P~nes subdiv~sion which ~s located west of the subject ~,~proJect. Mr. Arnold advised that Transportallon Services Department approved ~he cul-de-sac desl~ ~n this area due to the scattered deve- lopment pattern east of the project s~te. He added that the sub- d~vision is compatible with the surrounding area and ~s consistent w~h ~he allowable density in the comprehensive plan. He reported that ~his area is subject to density bonuses because ~t Is located within a density band, and the petit~oner Is asking for ~hree dwelling ~its ~r acre. ,~'. Mr. Arnold stated that Staff is w~lling to comply with the peti- tioners re.est to waive the subdivision re~lations regarding street lighting aad sidewalks but recommends that they be provided once the MSTU ~s Initiated in this area. Page 26 October 9, :1990 Coamtssioners Hasse and Volpe suggested that street lighting and l/ks be included as part of the petition. Mr. Keene of Evers, Neal & Purse, Inc., remarked that there Is no problem leaving the stipulations regarding sidewalks and street ~, lighting as part of the agreement. · ~ ~ ~~, to a~r~e Petition S~-90-25, ~b]ect to the ~i~at~ f~ in the ~~t ~hee~, including the to ~1~ st~l~ ~ street lt~ttng, there~ adopting Resolution Page 27 October 9, 1990 !! IK~.KFTI~! 90-484, AMENDING RESOLUTION 89-286 RH PETITION SMP-89-7 (AI~3ND~D} -- "HAI~RINGTON SOUND" EAST OF WINDSTAR P~D AND NORTH OF ~ D~IV~ - ADOPTEDt SUBJECT TO FIV~ ADDITIONAL STIPULATIONS Legal notice having been published in the Naples Daily News on "September 23, 1990, as evidenced by Affidavit of Publication filed "~' with the Clerk, public hearing was opened to consider Petition SJ4P-89-?, filed by Coastal Engineering Consultants, Inc., repre- [~ sent~ng Marina South, Inc., requesting an amendment to Resolution 89-286, "Harrington Sound", located in Section 14, TSOS, R25E, which '' is bounde.~ on the north and west by Windstar PUD, on the east by ~ Sunset Homes Subdivision, and on the south by Thomasson Drive. Mr. Robertson, Collier County Project Review Services, stated that the petitioner is requesting the approval to haul off-site fill ~terial which is in excess to his pro~ect needs. He explained that -~ the petitioner was issued a development type excavation permit which ~-'? in the excavation ordinance clearly states that any excess fill ~ter~al under a development type excavation proposed to be removed from the site must be defined and stated during the development review .:'~ and approval process. He stated that, at the time of development review and approval, the petitioner's preliminary engineering studies irldicated that no fill material would need to be removed from the site. He reported that once into the dry season it was found that the engineering studies were not accurate, and an excess of 20,000 cubic removed. Mr. Robertson advised that the County Attorney's office suggested q' ~d~fication to the Resolution in order to allow the removal of the excess fill material. In response to Commissioner Hasse's question, Mr. Robertson noted that befc.re a permit is granted allowing removal of the fill material, · !? sppropria.te road impact fees will be collected from the petitioner i'.: based on where they are hauling to and how many cubic yards they need to haul. Mr. Robertson explained that this project is owned separate from Page 28 October 9, 1990 WAndstar, however, access is provided from Thomasson Drive and through ~i,j' the Windstar development. Com~issioner Masse questioned where the fill material would be taken, to which Mr. Robertson indicated that the fill material is pro- , posed to be removed to Marco Island via Thomasson Drive, to Tamiami ~!/i~Trail, to S.R. 951, but added there have been discussions regarding removing It to the landfill. ~. .... Mr. Chrzanowski of Coastal Engineering Consultants, Inc. advised ~ ' that the ~fill has not been sold, and he does not know where the ~aterial t~ill be hauled to exactly. Commi~;sioner Volpe commented that due to the school located on · Thomasson Drive, he would prefer to see the material hauled via the Wtndstar ~ccess using Bayshore Drive. Commi~stoner Masse stated that he feels that the shortest route ~ould be best which is Thomasson Drive. Comml~sioner Saunders suggested that Staff review the situation · and defin~ the best and safest method to remove the fill. Mr. Chrzanowskt explained that due to the fact that there is a section where there are no sidewalks along Thomasson Drive and the school is located on Thomasson Drive, the petitioner has committed to !i' ~ing the entrance road from Wlndstar and has verified that the Windstar ~'esidence have no problem with this proposal. He added, t however, that the direction he goes on Bayshore once leaving Wlndstar :i does not ~tter to the petitioner and can be determined by Staff. <~ · Jack l~ehling, resident of Sunset Homes which is a neighboring ~ devslopme~tt to the subject pro~ect, requested three stipulations be ~lied regarding the removal of the fill dirt. Me requested the %first sti[~ulation to be that no truck traffic be allowed in the area Avalon School between 7:30 A.M. and 8:15 A.M. and between 2:15 P.M. ! "~ and 3:15 ~'.M. Me noted that the second stipulation requested Is that the developer be required to restore Lake Spencer with the native plants providing the wildlife habitat for the many birds and animals iil that were displaced by this pro~ect. The third stipulation he Page 29 October 9, 1990 requested is that the developer be required to provide a bike path from Bayshore Drive to Bayview Park because of the increase in traffic from the I[arrington Sound project. Hr. ~hling added in closing that the noise, stench, and dust ~, this project have been very annoying. He reported that the Co~pltanc~ Services Department issued a red tag to the developer se for approximately one week there had been hauling taking place without a permit to do so or without the developer paying impact fees. He co~ented that there were other illegal acts performed in connec- ",i t~on with the Harrington Sound project such as the main road through Harrington Sound. He specified that this road was supposed to be 'r built tO replace Fern Street and was constructed without a permit. He stated that the developer was cite~ for this action and mitigation ~rocedure~] have resulted. He added that Fern Street was a County ¢~ned street and his understanding is that the County gave Fern Street to Harrin!lton Sound and q~estioned why? .?.~ Mr. Robertson advised that Fern Street was vacated by the County :~n & Public Hearing before the Board of County Commissioners about two ~ or ~hree years ago and given back to the property owner. AssisTant to the County Manager Olliff explained that what happens in m case like this is that the original developer will give to the ' County an easement for a roadway, but if in the County's road net- ~ilwork~ng plan it ts found that there is no use for that road to tie into any 19ublic roads, the developer will request that this easement ~" be vacated back to them for private roadways. He noted that the ~ .County u~lally grants the vacation because it has not paid anything for the l:~nd in the first place. In re!;ards to the illegal hauling, Mr. Robertson commented that this was done only one day. Mr. Behling disagreed with this statement )!~i- to which ]~r. Olliff asserted that the illegal hauling has been stop,ed. Mr. Behling emphasized that the three stipulations requested iwo~ld hel]~ mitigate this illegal act. Carol C~rtis, resident of Sunset Homes a neighboring development Page 30 October 9, 1990 t° Harrington Sound, expressed her concerns regarding the draining and dredging cf Spencer Lake and the affect it left on the canal by her ~. She related that the canal is now dry and filled with i!~weeda, and she produced photographs of results. Zleancr Billups, resident on Thomasson Drive at the south end of S~)encer L~ke, stated that she is requesting that the Board allow the removal el the fill dirt. She noted that she did see dirt being ~,removed one day and was relieved, thinking that the large mounds of dirt around the lake were finally being removed, however, she saw them only that one day. She stated that the lake is now beautiful and suggested now that it is a new lake perhaps the name be changed. She ~°~nted o~t that the wildlife is returning. She cited her concern regarding the corner of Fern Street and Thomasson Drive where there ~re high ~eeds and brush which makes for a very dangerous corner and recommended that another speed sign be posted on Thomasson Drive. Mr. Chrzanowsk~ presented p~ctures of Lake Spencer as it looks now and explained that it was part of an old subdivision called Eagle Acres which was built approximately 20 years ago. He commented that in October' 1989 permission was granted by the County to begin the Harrington Sound project. He added that at the same time a permit was reque~ted and granted for excavation of the lake which required th~ developer to clean up the banks and dig the required depth of the lake with the fill being placed on site, however, an excess of fill has developed and needs to be removed. ~. i Regarding the canal, Mr. Chrzanowski explained that in order to dig the proper depth of the lake, it had to be drained which drained the canal also. Me noted that since most of the work was done during the wet e~.ason, it would not have been practical to dam the canal because o~ the possibilities of flooding. Mr. Ghrzanowski declared that except for the one day of illegal h&~lling o~' fill material, the pro~ect has been progressing ~n a totally l~.gal manner. October 9, 1990 ? Com~i~sioner Shanahan referred to the first stipulation requested i'b~ Mr. Behling and concurred that the times noted are very critical to ~,;~having tru.cks travel past the school and would be very dangerous for the school children. Mr. Chrzanowski informed that he has talked to the Assistant ~School Ad~.inistrator and told them that with the amount of dirt that n~ded to be hauled it would take two weeks which would result in a .truck passing the school every six minutes. Commissioner Shanahan questioned whether stipulation number three regarding the bike path would be a possibility. Mr. Chrzanowski · i, sa~d that he could not respond without consulting with the developer. Transportation Services Administrator Archibald commented that there is not much right-of-way on Thomasson Drive and stated that this ?. bike path could be added to the list of bike paths planned. He e,'xplained that perhaps Staff could work with the developer to obtain .~dditional right-of-way to relocate the ditch and possibly use some of "the fill dirt to widen the shoulders. Mr. Archibald suggested five conditions that Staff be directed to work with the developer on which are as follows: l) pr:or to any fill being removed, the appropriate impact fee be paid; 2) establish a pro- hibition o:~ the use of Thomasson Drive in the vicinity of the school during the morning and afternoon hours when the children are going to : and from the school; 3) confine the number of trips down Thomasson Drive to p~rhaps 25 trips maximum per day; 4) examine the restoration of the lak~ to be sure it is satisfactory;.and 5) review the area for best location of a bike path and if fill is needed for an embank- i~ent for the bike path, work out a plan wlth the developer to use some iof the fill. from the lake. Mr. Chrzanowski asked for clarification regarding restoration of ii~:the lake to, which Mr. Archibald replied that the lake would be checked to assure that the excavation requirement is met and that habitat for e is provided which will satisfy the environmental requirement restoration. Page 32 October 9, lggo Cc~ls~ltoner Volpe asked that the fifth stipulation be worded so petitioner will provide fill or the additional right-of-way to accom~odatf: a future bike path. ~i~toner Shanahan ~d, seconded ;' ~ ~isl ~t~ly, to m~ R~olutton 89-286 October 9, 1990 ~ INVeSTIgATE AND ~C~ C~TA~N WAT~AYS ~ TO ~ ~D Legal no~ice having been published in the Naples Daily News on September 2~, 1~90, as evidenced by Affidavit of ~blicatton filed w~h the Clerk, public hearing was opened to consider a proposed Reeolut~on re~esting the State Department of Natural Resources ~o ~nvest~gate and reco~end certain waterways as to the need for es~abl~sh~n~ an "Idle Speed-No Wake Zone" Tr~sportation Services Administrator Archibald stated that the ~ro~sed resolution Is to establish I~le Speed-No Wake Zones for wate~ays in Collier County, specifically in the Goodland and Isle of Capri area~. He advised that S~aff has received a ~etit~on from pro- ~ers relative to the proposed resolution based on three fac- .tots. He specified that the factors involve the protection of the tee, the ~ncrease in boa~ traffic, and the protect/on of private .pro~rty from the wakes of the boats. Mr. Archibald pointed out that 0rd~nance 79-8 sta~es that Collier Cowry c~n through a two etep process to obtaln permits to provide ~;~rkers ~n the wate~ay desl~at~ng ~dle speed-no wake zones. He notud that ~he adoption of this proposed resolution is ~he first s~ep. He explained tha~ if the resolution is adopted, it will be submitted to the M~r~ne Patrol and the Department of Natural Resources who will e~ther a~rove or deny the designated zones. If the zones are approved, Mr. Archibald stated, ~he County can begin the ~[ process. Mr. Archibald advised that the ~oodland area in question located on the south s~de of ~he island from the existing Idle Speed-No W~e Zone at nav~gational marker ~6 extending westward to the ~tr~ce of Blue Hill Creek. He reiterated ~hat this is an area where there Is concern for manateee and ~rotect~on of seawalls. Mr. Archibald described the Isles of Capri area as being located ?alon~ the west s~de of the island from Johnson Bay extending south Page 34 October 9, 1990 :toward Ma:~co River. He explained that since this ts such a large · rea, subject to the elements of changing weather and near a main civil%hal, :3tall will need to work with the Marine Patrol to further define this are·. ii!~[ The following persons spoke with respect to approval of the Idle S~eed-No 14aka proposed resolution: Nih· Neal on behalf of Mr. and Mrs. Harry Feldman, residents of the Isle of Capri Mr. $. L. Banner, resident of Isle of Capri Mr. Amnold Dallmann, resident of Isle of Capri ~ . Ma. Eva Lannery Ms. Nina Neal These speakers cited that because of the high speeds and dangerous ~anner in which the boats are driven, protection is needed for the imanateee as well as protection from the damage being caused by the to '~he seawalls. Ma. Neal also presented to the Board a petition reflecting signa- tures and unanimous support for the the Idle Speed-No Wake Zone, as well as pictures exhibiting wake damages and a map locating manatee grass bed~ in the proposed areas. Mr. A:~chibald clarified that the Idle Speed-No Wake Zone markers ~:?.i. that exist all had to go through this same process which takes approxima'tely 180 days. He added that after obtaining permits, funds i!'~, need to b.~ budgeted for signing and postlng. He advised that there is · ~11 ~mount of money budgeted for signs, however, the problem could be that Diling may need to be fnstalled which would require a greater tlmount of funds. He noted that property owners as well as the Coast ~uard Auxiliary have indicated that they would be willing to subsidize the coat or help install the signs, therefore, there may be a Joint effort wh,~n It comes to doing the actual installation. · Co~I~sioner Volpe questioned if perhaps the Manatee Protection Ordinance should be amended to include these areas? Mr. A'~ch~bald responded that these are three separate ordinances that are 'very distinct. He explained that one ordinance is for the manatee protection control zone, the second controls the use and speed Page October 9, 1990 of boata in and around the beach and recreational areas, and the third ~s for tha establtahment of Id3e Speed-No Wake Zones, He related that the three ordinances ~ork together with the most restrictive taking precedence. ~te~i~r S~ ~, aec~ded ~ Co~iaaloner a~ight ~ ~i~ ~i~l~, that ~olutlon 90-485 r~estlng D~ to ~i~te ~ ~nd ~te~ flor ~ Idle S~-~o ~e Zone · Page 36 October 9, 1990 ]~80~g~ZO~l~ ~)--486, 1~ t~"~ITION &V-90-023, ~ MINOR AS AG[~I' FOR ~ ~ ~ILIW ~~ L~A~D ON A ~RTION OF LOTS 21 ~ 22, ~ 2T~ OF ~ ~T OF ~OLD~ ~A~ ~IT EIG~ - A~D Legal notice hav~ng been published ~n the Naples Da~ly News on Septem~r 23 and September 30, 1990, as evidenced by Affidavit of ~bl~catlc,n fl/ed with the Clerk, public hearing was opened to con- sider Petition AV-90-02~, filed by Mark M~nor, Q. Grady M~nor and ~ociates:, representing Richard and Max~ne Phillips re~esttng relocat~or~ of drainage/ut~lit~es easements. Trans~,orta~on Services Administrator Archibald stated that re. est for a vacation ~s standard for side yard easements. He e~la~ned that the easements are located on single family lo~s ~n the southeast ~adrant of Golden Gate Cl~y around the golf course. He s~ated theft all of Lot 22 and half of Lot 21 are o~ed by one person ,['who~. Is cor~structing h~s home on th~s proper~y. He informed ~hat based the Golden Gate Unit Etgh~ P/at all the side yards have a easement of s~x fe(~t for u~llity and drainage purposes, and wha~ is being r~ested by the o~er is tha= the easement be relocated away from the house loc~ttton. Mr. Archibald reported that the o~er Is willing to relocate the easement and the drainage system w~thin the easement. Mr. Al:ch~bald noted that this resolution is based upon Florida Statute 1~7 and involves the vacation of the ex/sting easements outlined on Exhibit "A" and the dedication of the new easement. Mr. A]'ch~bald s~a~ed tha~ Staff has received the appropriate let- ter~ of no objection and reco~ends that the resolution be approved. In re~ponse to Co~iss~oner Hasse, Mr. Archibald informed that the FP~L ltnef~ were relocated at the expense of the ~m~ S~ ~ved, seconded ~ Co~tseloner G~ght ~ ~ 4/0 (Co~e~toner S~er~ ~ of the room), to close ~ ~~ 4/0 (~se~er ~re ~t of the r~), Page 3~ October 9, 1990 ~ A~NI~I~NT ]~ESOLUTION8 90-33/35 ~QUZSTING ADOPTION OF ~~~ ~NG ~~S TO ~ FISC~ ~ 1989-90 ~ED Legal not,ce having been published in the Naples Da~ly News on October 4, 1990, as evidenced by Affidavit of Publication filed w~th the Clerk, public hearing was opened to consider resolutions approving ~en~ents to the Fiscal Year 1989-90 adopted budget F~n~ce Director Yonkosky sta~ed that Chapter 129 of the Florida Statutes red,res an advertised public hearing for an amendment to a fiscal year budget, and in this case, there are three amendments. He commented that all three amendments have previously been approved by the ~ard. ~ ~ 4/0 (Co~iee~oner S~derm ~t of the room), to close the ~t~ g~tght ~v~, eeconded ~ ~ ~t~ 4/0 (Cmlsstone~ Sa~e~s ~t of the ~ooa), t~ ~dge~ ~t ~[utt~ 90-33/35 ~nd~ng the ~j . October 9, 1990 ~ ~ITH FLORIDA AFFOI~DAI~LE HOUSING, INC., TO ~OVIDE A DENSI~ Russell 8hreeve~ D~ector o~ ~oustng and U:ban Imp~ovement~ ~tated t~t this agreement ~s between the Count~ and Florida A~o~dable ~oustng~ Inc. to provide ~.B4 u~tts per ac~e and 1~.84 units ~nde~ the Affordabl(~ Housing Bonus Density 0rd~nance for April Circle PUD. ~e informed that Florida Affordable ~oustng, Inc plan~ to build ~20 ~its of one, two, and three bedrooms in size which will be in accor- d~ce w~th Zoning Ordinance 82-2, Section 7.27 6.(f}. He added that of th~se un,ts will be available for low income families. Mr. Shreeve advised that the subject site Is on the south side of I~okalee Road at the corner of the proposed Livingston Road exten- ~lon. Co~i~s~oner Vo]pe re~ested that Item ~9A2 be d~scuesed alonG th~s item slnce It ts asking for impact fees to be waived ~n regards to affordable housing. Commissioner Volpe stated that he is ~n agreem~nt to allow Florida Affordable Housing, Inc. to obtain favorable f~nancing through the sale of bonds, etc.; however, he cited that he h~s reservation regarding waiving ~mpac~ fees of $434,000 for this project. He related that this is giving a density bonus credit which will allow a greater impact on the transportation network only to waive the impact fee. Co~issioner Hasse agreed that ]mpact 'fees should not be waived for th~s ~f it is to be subsidized by other residences of the County who cannot afford it either. Co~ssioner Volpe suggested that the density bonus program should be enough to encourage affordable housing. Assistant to the County Manager 011iff explained that there are three issues that need to be kept in mind tn reviewing this subject. advised that there are the Parks and Recreation Impact Fee Ordnance and the Library Impact Fee 0rd~nance which have affordable housing exemption lan~age included In them requiring certain criteria ,¥..~ Page 39 October 9, 1990 be ~et, hc~ever, other Impact Fee Ordinances such as Water and Sewer do not ha~,e any exemption language included. He added that to provide exemption without some sort of criteria required would make it dif- ficult fo]- the County's Utility Financing Department who are relying on these ;Impact fees to make payments on long term debts. He questioned if the Board would like Staff to review all Impact Fee Ordinancef~ in terms of exemptions for affordable housing? Mr. O[~liff advised that the second issue refers to the fact that the two ol:dlnances that currently have exemptions designate the Unin- corporated Area Genera/ Fund Reserve as the funding source for where money is ~loing to come from. He explained that this is a transfer of funds fro~ the Unincorporated Reserve Fund to the Parks and Recreation Fund and the Library Fund. He added that since there is enough money '].n the Unlncorporated Reserve Fund to transfer to the other funds, it works ftn~; however, the Ordinances do not address the issue of lack of available funding. Mr. O][liff commented that the third item does not relate directly to this ii,sue, however, it does relate to the waiver of building per- mit fees ~hich in the past has been handled with the General Fund Reserve b~ing transferred into the Community Development Fund to pay for this, or tn one instance, a request was put on the consent agenda and ~he f~es were simply waived. Mr. O].l~ff summarized that there needs to be a policy on how the C~unty is going to deal with the issue of affordable housing. He ~ll~gested that perhaps at the direction of the Board, Staff could work through the Finance Committee to develop policy recommendations reGardin~ how to handle affordable housing as it relates to impact .fees and k~tlding permits. In comment to Gommissioner Volpe's remarks, Mr. Olliff stated that he does net feel that the issue regarding the impact fees should have come back before the Board at this time, and clarified that the a~reement between the County and Florida Affordable Housing, Inc. does not address impact fees. Page 40 October 9, 1990 : Co~lt~eloner Shanahan agreed that an all encompassing ordinance pro~,idee funds for qualified affordable housing builders and f~&ddresses all impact fees should be developed. Co~mi~Jsioner Volpe commented that built into the density bonus system is the opportunity for builders to develop affordable housing and ~axim~ze the return on their investment without waiving impact Mr. O.lliff disclosed that there are many options to waiving impact fees such as building permit surcharges or having extended long term 'payments for impact fees which would make it more affordable for the · ' builder ti) pay, and the revenue would still be realized by the County. He noted that this would also provide an incentive for affordable housing. ~ii~.~ Assistant County Manager McLemore clarified that density alone will not be incentive enough to encourage affordable housing projects, therefore, there is a need to provide alternative options. He ~- ~uggeeted that Staff review this and bring back in a relatively short time, a r(~commendation. Mr. Shreeve pointed out that the sale applications are due on October 17, 1990, and one issue these applications are rated on is the local participation of the affordable housing program. Mr. Shreeve returned to the subject of Item ~gA1 and stated that this ~e a~ agreement for the April Circle PUD to have 120 units on 9.4 acres. H,~ added that this PUD was approved by the Planning Commission and the Board in the past subject to an agreement being worked out with the County which is being proposed at this time. Commi,~sioner Volpe questioned how this project is going to be monitored aa to the compliance of this agreement? Mr. Shreeve explained that the Housing and Urban Improvement Departmen'= is stated in the agreement as the one to enforce the agreement. He informed that the plan is not to increase staff by a '. large number, but rather to find computer software that has the abt- lity to monitor their annual report and point out the situations which Page 41 October 9, 1990 need attention. He noted that the agreement states that the deve- loper is to file with the County, once a year, a report regarding the rents charged and certification of the tenants as to their eligibility for affordable housing to the Department. County Attorney Cuyler affirmed that this agreement does not grant any bonus and clarified that the bonus is given through the Zoning 'Ordinance for the PUD which was already approved prior to entering ~nto this agreement. He stated that this agreement is not contingent on ~nd does not address the waiver of impact fees. He added that this agreement is separate and apart from the ordinances providing for impact fees. He emphasized that if the developer meets the criteria required in the ordinances then the impact fee would be waived. He noted that the developer would not be required to come back before the /~ard if the criteria is met, and the funding would be handled in an ~d~ainistratfve manner. Finance Director Yonkosky pointed out that at the present time there is no funding in the budget specified for this, and the item would need to come back before the Board for approval of transfer of < funds. Hr. Olltff reiterated that the 111 Reserve Fund has been used to cover these requests. Tom Hinners, representing Florida Affordable Housing, Inc., stated they have been in existence for two and a half years and have proved to be the most successful developer in such housing in the ~.tate of Florida. He commented that Florida Affordable Housing, Inc. has developed five communities containing 916 affordable apartment !: un,ts, three of which have child care centers. He advised that they ~ have been endorsed by Affordable Housing of Southwest Florida. Hr. Hinners revealed that two developments are being proposed which are April Circle and Citrus Glen. He explained that April Circle will have 120 units Including 3R one-bedroom units renting at 8370/month, 64 two-bedroom units renting at $4S§/month, and 24 three- bedroo~ units renting at $500/month. He informed that these rates are Page 42 October 9, 1990 approximately $165/month below the market rate of rent. He described Citrus Glen as a 44 unit development in Immokalee located on the north side of ]==aokalee Road approximately a half mile west of S.R. 29 which will have 16 two-bedroom units renting at $365/month, and 28 three- bedroom unite renting at $41§/month. Mr. Binners explained that the way in which affordable housing can be offered to /ow to moderate income households is with the assistance of the waiver of impact fees and the density bonus agreement. He assessed that Collier County is the most difficult county within the State of Florida to develop affordable housing because it has the most ex~nslve land and the highest bufldtn~ costs. He noted that other coat,es within Florida are providtn~ substantial financial assistance affordable housing. He advised that even with the density bonus, the cost of the l~d is $6000 per unit which is much higher than the other c~nttes in Florida. Co~esioner Volpe noted that Collier County recognizes the need ~d w~ts to provide for affordable housing, however, before pro- ceedinG be feels that some ~tdelines should be established. He added t~t approximately 1,300 affordable housing units have been planned ~d approved with construction be~n in Collier County despite the coat of the land. Mr. Binnere a~reed that through the Farmers Home ~nd~ng some .g can ~ provided, but not nearly what is needed according to m~l studies. In response to Co~t~stoner Shanahan, Mr. Hinnere remarked that all f~ve developments which have been constructed throughout Florida have been considered on an indlvtdual basis. ~ug Kay, a general contractor in Collier County, expressed hfs ~des~re to see the Gounty commit to affordable housing. Co~]ssloner Saunders a~=eed that the County does need to commit to affordable hous~n~ and co~ented that there are few alternatives to provfd~n~ f~n~c~al incentives for developers to supply low cost housing. ~e referred to the competition for the State loan program Page 43 October 9, 1990 that the developers apply for which requires acknowledgment of the local incentives, and stated that Collier County is going to have to be willir.g to pay some dollars in order to promote /ow cost housing, or will ~mt happen. Jerry- Gereau, representing Affordable Housing of Southwest Florida, related that this is an organization that was formed about two and a half years ago, a non-profit corporation, and has been u formed to encourage the provis~on of housing In Collier County to low ~ income households. Using two budget illustrations, Mr. Gereau pointed otlt that It is not possible for a /ow income household to afford the · normal costs per month. He em~hasized the need for affordable housing in Collier County and informed that in the last ten years housing co,ts in this community have tripled and real income has increased by ~. ~e specified that Incentives are greatly needed. In response to Commisslonem Volpe, Mr. Gereau noted that the pro- fo~ for the cost of each unit built shows that $6,000 Is too much to ~a¥ for ].and costs. Mr. EIinners clarif~ed that all the costs of these units would be in exces~ of $50,000 which includes the land. He noted that what the developer is forfeiting ts rental Income which for one year amounts to &pproxi~tely what is being asked for in the weigher of Impact fees. He adde~ that the amount of property taxes that this development pay will reimburse the County for the impact fees within four years. /, Mr. ~inners pointed out that affordable housing ts for those people who cannot afford to set aside money for down payments to buy a ~/ ho~ and need a decent home to rent. Charlotte Westman, representing the League of Women Voters, expressed her concern that a program such as affordable housing be plar~ned very carefully so that it does not encourage an over abundance il of this t~rpe of building which would be at the expense of the tax- payurs. Oom~J~io~er Voll~e ~ov~d, seconc~d by Co~aimmioner Sh~n~h~n and P~I~ 44 October 9, 1990 carried unanimously, to approve the subject agreement and authorize th~ Ch~/rman to etgn the Agreement w/th Flor/da Affordable Houo~ng, lng., to pl~vid~ a~fordable housing. October 9, 1990 ]llC3~[ll~tTIOll TO COII$ID~ ~ I~ESOLUTION &PPROVIRG TH~ COUNTY TO PAY RO&D, LI~t&~f ~I~DI, PJLR~ &MD I~CR~&TIONAL FACILITIES, ~ ~T~ S~ I~A~ ~E~ ~R ~IL CIRCLE AP~~ ~ PAY E~, LI~ ~, P~ ~ ~TIONAL FACILITIES I~ACT ~R CI~ ~ ~~S IN I~~ TO BE D~LOPED ~ ~O~IDA ~~ ~IMG, INC. - D~IED Co~=~s~oner Volpe questioned ~f th~s ~tem is to be removed from ~the ag~? Co~'~ Attorney Cuyler explained that the County does not have a r,~source set aside to fund projects on a case-by-case basis ~t rathe:: has a ~stem that ~f a project qual~fies under the criteria then the impact fees are waived. Mr. Hi,ers explained that the reason 'for this pet~tlon is to seek the approval from the Board to waive the sewer and water impact fees which is the additional amount of assistance needed for the develop- Couisstone~ Saundera couented that the Board ha9 ~one on recor~ t times implying that the Cowry wants to support affordable h~sing and the proposed pl~ would do th~s, therefore, he stated he ~his resolution. ~~ 3/2 (~mml~mrm Sanders ~d G~ight o~d), t~t th~m ~lut~cn ~ ~, with ~ ~mrst~ding t~t Staff is given the ~i~ to ~1~ ~ltcimm ~d ~i~ltnmm ~mre tn the a~r~rlmtm cir~tl~ relief Is i~itlablt for the ~ivsr of t~ct ~ita ~tth mffor~blm ~tng lt~ ~SOL~I(~ 9~48T, ~ ~K ~OV~ OF ~E Co~ TO PAY THE ROAD ~ ~S, LI~ SYS~ I~ACT FEES, P~S ~ ~C~TION~ F~ILITII~ I~A~ ~ES, ~ WAI~ BUILDIN~ PE~IT ~ES ~ ~TS ~ BE BUILT ~ T~ COLLIE~ CO~ HOUSIN~ A~O~I~ IN Commissioner Goodnlght e~plained that the proposed resolution involves the Pocket of Poverty money for the construction of 81 units ),~d the l~ard has previously agreed to waive all Impact Fees and ~]d~n~ permit fees. She added that w~th the Boards permission she Page 46 October 9, 1990 '~t to Tl.llahassee and worked on the Pocket of Poverty money and went i'to Washing-ton and worked on Farmers Home money with the understanding the Board was going to support 100% any type of waiver of Impact Fees and Building Permit Fees for this project. Oommissioner Volpe clarified that Water and Sewer Impact Fees are not includ.ed because Immokalee is a separate utility. In response to Commissioner Volpe, Mr. Shreeve explained that the Road Impact Fee Ordinance has included the provision of waiving Impact .Fees for affordable housing if all criteria are met. Mr. Shreeve called attention to the problem of having no funding fc.r these waivers, however, a budget amendment is being pre- l~red to transfer funds from other sources to the various Impact Fee funds. County' Attorney Cuyler explained that the proposed resolution sta- tes that after the criteria ts met for the exemption of Impact Fees the Municipal Service Tax District funds (Fund 111) will be used as a revenue s¢.urce. He advised that the resolution further addresses the Building Permit Fee waiver. In answer to Commissioner Volpe's comment Mr. Cuyler stated that a l~olicy needs to be established regarding the waiver of Building Permit Fees, however, he ts willing to sign off on this particular proposed resolution if the Board feels there has been a commitment ~de to adopt this resolution. He added that before any other waivers of Building Permit Fees are allowed, there must be a policy established. [¥~ Couis$ioner Goodnight pointed out that tn this instance if the Board does not act in favor of, or prolongs any action, Collier County w~ll have to pay back the grant of $650,000 it was given for this pro- ~ect because of the timeframe, and Mr. Cuyler confirmed that this is true. Mr. Shreeve explained that the reason this item was not brought to the Board at an earlier date is because the funding amount was not known. Gcmmissioner Goodnfght concurred that on May 30, ~990, this · Page 47 October 9, ~990 ~s~ue was discussed and Staff was told to bring it back when the a~unt was known. Assistant County Manager McLemore stated that a policy establishing the criteria to waive Building Permit Fees should be ready for review b~ the Board within the next couple of weeks which would allow the ionies to be transferred back into Fund 111. Finance Director ¥onkosky questioned if this resolution is in lieu of the ap~licatton through the County Manager for certification pro- ce~tng which each of the Impact Fee Ordinances require. Mr. Cuyler replied that the requirements of the Ordinances will be fulfilled, and the proposed resolution offers the funding source. C.~/eeloner S~u~dere ~v~d, ~econded bF Co~aiss~oner Goodn~ht and CarTt~ unanimously, that the waiver of I~l~act Fees and Building l~T~/t F~em ~e a~prcrv~d, thersb~ adopttn~ Resolution 90-48?. October 9, 1990 P~ ~ AT C~~ FACiLITIeS - ~D ~ ~ZD; ~ ~ ~ ~A~ D~ I D~ R~ ~DIT~ON~ SPACES AT L~LY ~bll,: Services Administrator O'Donnell explained that the pre- par~ resolution includes the fees which were approved during the ~d~et deliberations for charging $1.00 parking fees at Clam Pass Park, T~g,~rtail Beach Park, Vanderbllt Beach Park, and Lely Barefoot ~ach Pre~erve, along with a $30 per year annual permit fee charge. Mr. O'Donnell affirmed that there ]s one correct~on that needs to ~ ~de. He called attention to the Executive Sugary, under 'Constder~lt~ons" ~d "Recommendation, where reference is made to the "Pro~rty ~er's Association" which should be "Lely Development Corporation" since thls is the a~ency that Staff is currently nego- tiatLn~ w;[th relative to the 50/50 spl~t for parkin~ at Barefoot Beach Co~;sioner Volpe stated that he re~ested that this item be removed f;fom ~he consent agenda since there may be members of the ~bl~c who wish to speak on this subject. He mentioned that one con- cern which has been expressed is the manner by which the collections ~( of the fe~,s would be monitored. ~ ~blL(: Services Administrator O'Donnell reported that he has had dis~ssLons wfth F~nance Director Yonkosky in th~s regard and noted that two ])art, se~ent~ally numbered receipts wlll be Lssued at all fac~lLt~e~ and an audit check could be done based on the number of receipts during the course of a day and reimbursement could be pro- v~ded on a weekly or monthly bas~s. In ~z~wer to Commissioner Volpe, Mr. O'Donnell replied that it is ~t~clpat{~d that approximately $5,000-$10,000 in revenues will be ~enerated from the Lely Barefoot Preserve. He indicated that there are ~rrer~t.ly 72 spaces at that facilLty which has been ~fte active the park has been open, and noted that final build-out for the Page 49 October 9, 1990 w[l! occur during the next year for a total of 156 parking ~ ~)aces. Mr. O~Donnell expla/ned that an individual attendant will collect the fees at Lely Beach Preserve, and there would be a split with the Lely Development Corporat/on, with a cap of appro×/mately $300 per w~ek. Mr. O~Donnell advised that three years ago annual perm/ts were issued at $15.00 per year. He noted that 115 perm/ts were issued. He noted tha't the logic behSnd the $30.00 annual permit is that after the ~.i~3[st visit to any of the facilities, the permit would be paid for. Mrs, ]~aily Naggio stated that the Executive Summary indicates that $5,000 wi.[/ be generated from the parking fees at Lely Saz'efoot Beach, and noted that years ago when fees were much less and expenses were much less, the County was losing money. She indicated that the August 8th edition of the Bonita Banner contained an article stating that Lely Development Cor~oration currently maintains the parking lot and provides ]~arking lot attendants, but noted that she was not aware that Lely is doing th~s. She related that the residents of Collier County paid Lely Development $3.! mil/ion for that property, and there have been development costs over and above that figure. She questioned why the County would pay Lely Development for a piece of property and then turn control of that property back to them. She noted that a County em])loyee, dlrectly answerable to the people of the County should have control of that property. Mrs. J{aggio called attent/on to an ad in the Naples Daily News w~th reep~ct to Southport on the Bay which states" .there /s access ' to the su[~ar white sands of the Gulf ~ust across the street. She affirmed that the map in the add shows the ~00 car parking lot that Count~ owns at the north end of the park. She indicated that if there is a benefit to charging a fee, everyone should pay, and !'i. q~sstioned how a fee could be charged to those people living south of the gateh{~use. Mrs. Haggio stated that persons with memberships to a nearby beach mm 122 Page 50 October 9, 1990 s club tm~ediatel¥ north of the County Park will be using :'this parking lot and the situation will be similar to that of Clam "Pass Park. She suggested that a gate be located at the entrance to the Lely Barefoot Beach Park, to be opened in the morning and locked the e~'entng by a park ranger. Nfs. Maggto requested that the Commission reconsider the fees, ~ctttng that she does not feel that there will be a monetary benefit, ~ other than paying the salaries associated with the collection of same. >iShe sugg{~eted that control of Lely Barefoot Beach not be turned over · to anyone since it belongs to the people of Collier County. In answer to Commissioner Hasse, Mr. O'Donnell replied that the cost for salaries and associated fringe benefits for the parking lot attendants totals $122,000 which is the approximate amount of revenue that ts received. ~.~.~ ,With respect to the access to the County's park at Lely Barefoot Beach, Mr. O'Donnell explained that Lely Development has the &~thortty, pursuant to a previous agreement, to limit vehicular traf- :~ fic tO tile 72 parking spaces. He reported that when all 72 parking spaces are occupied, the guard has the authority to stop any addi- ;~ tional vehicles from entering until such time that someone leaves and there ts a space available. He noted that this ogreement was reached 7: when the County purchased the property. County Attorney Cuyler advised that one of the reasons for that ~:i~t.'a~reement is that Lely Development had concerns relative to vehicles "parking up and down the roadway after all the parking spaces were Commissioner Saunders stated that he recalls earlier discussions · when co~aents were made that at some point the County Attorney would be directed to look at all the agreements dealing with this park, to determine the maximum number of parking spaces, using all available space. He related that perhaps this is the t~me for that direction. ]. He noted that he does not feel that fees should be charged for parking ii at this time, but the County Attorney should find out where parking Page § 1 arpaces can be added. Mr. O'Donnell advised that staff is currently pursuing ~'.? Commissioner Saunders, suggestion, and noted that as the rest of the park facility ts expanded, parking will also be expanded with an approximate 156 spaces. Commissioner Shanahan suggested holding off on any declston regardin~ the collection of parking fees at Lely Barefoot Beach until . the entire picture is completed. He noted that he has no problem with the recommendations relative to the other parking fees. Mr. George Keller stated that he thought that there was public access to the Lely Barefoot park, and questioned what control the County w;[ll have if something is to be developed beyond the gatehouse which should never have been there in the first place. Mrs. MarJorie Ward, President of CABB, stated that her organiza- tion is opposed to beach fees. She reported that al/ the members of :..~/ 'the ~ubltc should be able to access that which belongs to them, without financial discrimination. She explained that anyone who owns a home on the water does not agree with her. She suggested that the fees be eliminated, and therefore, there will be no salaries for the attendants. She indicated that the people who paid the taxes for the park, and worked so hard to make sure that thIs fragile land remained %l~developsd, should be able to access lt. She noted that CABB is ~!i~illing to commit to beach clean up on a periodic basis if the Gommissiom will agree not to impose any parking fees on Barefoot Beach and State Preserve. She stated that the gatehouse was installed only to be used until such time as the State Preserve land was opened to the public. She requested that the public sector not receive any por- ..tlon of the fees; eliminate any parking fees; and get rid of the gate- Go~mt~lsioner Volpe stated that he is reluctant to do anything dif- ferently than what was anticipated at the time the budget was adopted, and sugge~ted that any concerns be addressed next year. ~A~ner Sa~n4~rm moved, seconded h,/ Co~lsstoner Shauahan :~ :, Po~e 52 October 9, 1990 tha~ m fm be charged at Lely Barefoot ~ach; t~t a ~rk r~ger or ~W ~1~ ~ a gate In the ~ing ~d c~oee the gate An the ~ a.t ~ ~ly ~ef~t ~ach; ~ t~t the C~ Attom~ ~ ~ ~ ~t t~ ~ ~r's st~ff contact DgR ~ D~ to ~lic, ~alliz~ t~ n~r of ~ces; ~ t~t Resoluttm 90-4a~ ~ ~ wi~ ~ to the ~1 f~ ~d the re~tnt~ ~rk f~s. Mrs. Ward stated that to install various methods of fees, i.e. p~kln~ meters or gates that need to be manned by people, seems rtdt- ~lous when actual money could be lost. Co~tsstoner Volpe indicated that it makes no sense to him that fees will not be charged at Lely Barefoot Beach, and noted that fees ehould be charged County-wide. Mr. David Ward provided a copy of "Letters to the Editor" as they appe~ed in the Bonita Banner, reflecting the aggravation of the ~ople with regard to the Lely gatehouse. He noted that he has ~estions with respect to the legality of the gatehouse. ~. O'~ll ~ if t~ Antent of the ~tAon As t~t ~ ia to ~ ~ ~tiatio~ at thAa ti~ with ~1~ ~el~nt ~ti.~ for ~ ~ of cost s~ing ~ltt. C~tsst~r S~rs P~ 03 !, October 9, 1990 , ecs ~i~er ~rl left the roo~ at thte tim cee ~~ ~ ~ ~ B~ ~B ~ P~ D~LO~, INC., ~ ~X~ ~ ~R ~ ~O~TION DEP~'S US~ OF O~ICE SPACE ~ ~ ~ C~ ~O~D Ad~tnistrattve Services Administrator Ochs stated that this Item ts a re.est for approval of the o~ftce lease agreement ~tth regard ~o the Cowry Probation office at the Amtlcar Complex. He advtsed that the tera of the lease ts for a slx month period, co~enctn9 on October 15, 1990. He noted that upon e~tration of the lease, those employees .tll be ~ovln9 into the upper ~loors of the new Courthouse. ~~i~ ~ ~, s~ ~ Coatsstaer G~tght ~ ~t~ 1/0 (~isstasr ~ders ~t of the r~a), to a~r~ ~ ~ ~t with ~b ~ P~ ~lo~nt, Inc., tn th~ ~t October 9, 1990 · '.:Z~ ~]~1 · 11~ ,A~31ZIN~NT~ 90-397/402- ~0--404/405- 90-407/410; ~ 90-412/420 ~ ~ 4/0 (~tsstmer $~re ~t of the r~), t~t ~d~t -*~t~ Administrative Assistant to the Board F~lson stated that this item ~ a r~est to appoint two members to serve on the Lely Golf Estates ~aut~cat~on Committee. She indicated that two term~ have expired, and a ~r~m r~1~a~m was ~aued. She reported that staff ts recom- mand~n~ ~h~ reappolntment ~r. Arthur ~~ to ~ ~ly ~lf htates bnttflation C~ltt~. October 9, ~990 ese C~A~Aoner $i~d~r~ returned at thle X~ ~' ~ ~ ~ ~ ~ P~AY B~XFICATIO~ ~lS0~ C~I~E A~inistrative Assistant to the Board Ftlson stated that this item A~ a reoo~endation to reappoint Messrs. John Doran, Thomas Farrow and ..'~ Ji~ Me,chore to the Golden Gate Par~ay Beautification Advisory Oo~Ass~oner Goo~Aght advised that she does not have a problem ~A~h tha reappoAntments, as reco~ended, but noted that the ordAnance ~ rm~atAn~ these advisory co~Ittees Ae not being followed. ~r~. FAlson indicated that the three members mentioned above have · ~ ~e~ed on the Co~Attee since ~84 but the ordinance d~d not become eml~ ~1~, t~t Re~lutim 90-490 ff~ : ~ ~, ~ Fa~ ~d Jla ~lchore to the Goldm Gate Par~y :~ October 9, :1990 1~l~;~3~K,~"'~O~l 00~4~1, RL~FL~O~TF(] $01eL JOHNSON Conisstoner Goodntght stated that she has no problem with the ~ndiv~duals be~n~ reco~ended to serve on this advisory board, but noted that this will be Mr. Rutter's third appointment. She explained that other c~tizens have applied to serve on this committee, and feels ~.'t~t Staff should uphold the County's Ordinance. She suggested that ~f ~ ~nd~v~dual ~s recommended by Staff to be reappointed for a third term, this should be noted in the Executive Sugary and the Co~tsston would have the option of reappointing that person or another tndivt- d~l that may have applied for the vacancy. FI~ f~ I ~ to Staff tnfo~tng t~ of the Ordt~c. in ~f~ ~lltlu to t~ tt. limits ~ b ~~ with ~u~ ~oF ~ 57 Octo~r 9, 1990 ~12D ~~ ~ ~~ ~03E~ - ~D Attorney Donald Pickworth requested that the Co~isslon adopt a ~solut~on, authorizing the Autho~ity to ~ssue bonds fo~ a ~u]tl- ~fly a~a~tm~nt ~oJect. He ~epo~ted that the project sponso~ f~ SCA [~v~lo~nt, Inc. ~e ~nd~cated that there a~e no t~pact fee c~ed]ts ~Ity bonuses Involved, but noted that a ~o~tion of thfs p~o~ect ~'w~l ~nt at a ~ket rate, and 40~ o~ the p~o~ect w~ll ~ent at below ml~ 4/0 (~eet~r Vol~ ~t of the r~a), to ~t ~1~t~ ~492, a~r~t~G the t~ce of not exce~tn~ ~17,500,000 · ~ E~ce &u~rt~ of Coil/er C~ ~ltt-f~tl~ ~ IS~ ~ ~IA CO~ OF N~ ~CEEDIN~ $60,000,000 SINGLE F~ILY ~ ~ ~ S~IES 199~ - ~D Attorney Donald Ptckworth advised that this item is a request for {-adoption of a resolution which authorizes the Escambla County Housing ~:F~n~ce Authority to exercise its powers in Collier County in connec- · . tion with a s~ng~e-famtly ~ssue. He noted that because of various l~mitations of the program, Collier County normally does not have more ~ $~ ~llion - $1.5 million worth of interest from the par- ~tlclPatfn~ lenders for single-family, and bonds cannot be issued on theft ~ for that small amount. He ~nd~cated that Collier County ~s ~n with a larger county that is doing a larger issue to reduce t~ ~=su~ce costs. ~t~ to ~ter Into ~ ~nt with the Ksc~ta F~ ~tW ~ a~r~tn~ t~ fora of the Interlocal ;, ~t~ of ~t ~c~tng $60,000,000 mingle ft~tly ~rtg~ October 9, 1990 CGM~[S~IOB~R SA~JIDI3~ TO W~K NTH ~$I~T~IT CO~ ~&G~ R~ Co~issioner Saunders stated ~hat he would like to see the .~establ~s~ent o~ a citizen's committee to oversee the distribution of th~ ~e-cent sales tax in the event the ~ax passes ~n the November He indicated that this would insure the public that the ;f f~, fff a~roved by the voters, would be ex~ended as the County They will be. ~e noted that ~h~s would be a citizen's ~[' ~tch~ co~tee, and iff acceptable to the Co~ission, he would like see th~s Item placed on the Octobe~ 16th agenda. It was the consensus of ~he Co~ies~on that Co~issioner Saunders ~k with Assistant County Manager McLemore and present this item on October 16th agenda. ~ ~i~ ~ly, ~o a~r~ t~ Certificate of Acc~ce of :.'~ b ~t of C~f~ Affair8 ~n t~ ~t of 0156,988. ~ ~.. October 9, 1990 ~ I~ ~1~1 See P~ge , ~ ~ ~ ~OD~4~Og-21-O1-H05 ~ ~ ~ ~ ~ FI~ P~T OF 'B~RI~ ~, ~IT :~:: 1. Accept the Irrevocable Letter of Credit as security for main- tenance of the Infrastructure until the Board of County ~ Co~lsstoners grants final acceptance of all improvements. 2. Authorize the Chairman to execute the Maintenance ADreement for Preliminary Acceptance and Resolution authorizing preli- mtna~ acceptance. I. Preliminary acceptance of Improvements will not become effec- t''' rive until water and sewer facilities have been conveyed to Collte~ County Water-Se~er DX~trict. 4. That the ~ewer lateral extmnelons ~1lI be competed within 180 ). da~m o~ thi~ acceptance, That Power Corporation will be re~pon~tbie fo~ any lateral loc~tions until such time as the extenston~ are complete and mvldent. 1. The Florida Department of Environmental Re~latlon furnishes a letter placln9 the seer system into service. ~* 2. The Florida Department of Environmental Re~latton furnishes a letter approvln9 ~he water distribution system for service and the bacteriological tea~tn9 has met the County's require- The Fire District furnishes a letter accepttn9 o~ershtp and ~tntenance of fire hydrants and the fire flow retirements are satisfied. 4. The Plat Book and page number information for the recorded plat ts Incorporated tn the legal documents. ffi [60, 176 Page 61 mM See Page OF ~ ~Z~ XM ~ ~ 0F $48,300 IN ~ RO~ & d14~1 Mm~md to &~RI:IMEIIT ~ TH~ :[990-91 I~:TMDTNG COMTR~BOTTOM See Pa~e8 Xt~ See Pa~es ~~ ~ ~ ~ 19~-9X See P~ges ~ :~ ' ~ Xt~ ~4D1 ' ~ ~ ~ ~ ~ See Pages Its ~1411 -2 ~N m ER 2 ~XUD 8mllOR VOL~ER ~ (~) ~~ o~ ~oo Xt~ ~4~2 ~~ ~XLX~T~ O~ O~X~ SPAC~/~ATXON ~ ~ COLLX~ CO~ ~ ~IC~ I~ICES D~~ IR I ~ OF ~245.56 See Pages Page 62 Oct:ober 9, ~990 II:KI'OIFT E3E SJLT~ ~ ~~ ~~ B~ COLLI~ CO~ ~ ~ JAYMES ~~ ~ ~, INC., ~R ~ SOLE ~SE OF A ~OP~ ~ ~ ~~ ~GI~IRG COR~T~, IRC., ~R ~O~IOR~ ~ ~ ~ ~ 0· ~2~400 RO. 232 Dated 9/14/90 · :~ ~ ~ ~ l~ ~'S. 66117 ~ 38902 The =efe=~ed to the va~o~s ~epa~me~s as ~d~cated below: October 9, 1990 l. Letter dated 9/25/90 to Commissioner Hasse from Congressman Goss re participation in the Southwest Florida State Delegation Meeting in Cape Coral. xc: John Boldt, Nell Dorrill and filed. 2. 9/28/90 Notice of Right to Petition Candidates for County ASC Election, from the U.S. Department of Agriculture to BCC. xc: Neil Dorrill, Linda Denning and filed. 3. Memo dated 9/27/90 to All Small Cittes Community Development Block Grant Eligible Communities, Regional Planning Councils, and Other Interested parties from Lewis O. Burnside, Jr., Director, Divlston of Housing and Community Development, DCA, re Elimination of Lump Sum Drawdowns. xc: Neil Dorrill, Frank Brutt, Russell Shreeve and filed. 4. Letter dated 9/25/90 to Commissioner Hasse from Jon M. Iglehart, Environmental Specialist, Florida Department of Environmental Regulation, re Collier County - WRR File No. 111866915. xc: Neil Dorrill, Frank Brutt, Bill Lorenz and filed. 5. Notice of Public Workshop dated 9/21/90 from the Florida Department of Environmental Regulation, re Proposed Ru]emaking and Postponment on Proposed Rule re Mangrove Protection. xc: Neil Dorrtll, Frank Brutt, Bill Lorenz and filed. 6. Letter dated 9/97/90 to Commissioner Hasse from Kathleen P. Greenwood, Environmental Specialist, Florida Department of Environmental Regulation, re Collier County - WRR File · 111868045. xc: Nell Dorrill, Frank Brutt, Bill Lorenz and filed. ?. Copy of letter dated 9/19/90 to David Humphrey, from Tony D. McNeal, Engineer, Bureau of Coastal Engineering and Regulation, Division of Beaches and Shores, DNR, re Notice To Proceed Permit #CO-291, Permtttee Name: Clyde C. Qutnby, Trustee. xc: Neil Dorrill, Frank Brutt, Bill Lorenz and filed. 8. Copy of letter dated 9/21/90 to Coastal Engineering Consultants, Inc., from Tony D. McNeal, Engineer, Bureau of Coastal Engineering and Regulation, DNR, re Notice To Proceed, Modification Permit #C0-265 MI, Permittee Name: MarJorie Fortgang, Matthew Fortgang and Susan Fortgang. Neil Dorrlll, Frank Brutt, Bill Lorenz and filed. 9. Copy of letter dated 9/21/90 to Local Governments from Michael P. Phillips, Environmental Specialist, Office of Land Use Planning and Biological Services, Department of Natural Resources, requesting copy of comprehensive plans, xc: Frank Brutt, Bill Lorenz and filed. lO. Copy to BCC of letter dated 9/26/90 to Division of Ad Valorem Tax from Donald R. Peterson, Fire Chief, Golden Gate Fire Control & Rescue District. xc: Neil Dorrtll, John Yonkosky, Mike McNees and filed. iX. Copy of letter dated 9/24/90 to Lely Golf Estates Beautification re confirmation of taxes, from Guy L. Carlton, Tax Collector. xc: Harry Nuber, John Yonkosky and filed. 12. Copy of letter dated 9/24/90 to River Reach Street Lighting MSTU re confirmation of taxes, from Guy L. Carlton, Tax Collector. xc: John Yonkosky, George Archibald and filed. Page 64 October 9, 1990 13. Land Acquisition Advisory Council 'Notice of Public Meeting to be held on 10/19/90 at 1:30 P.M. at Department of Natural Resources tn Tallahassee. xc: Nell Dorrill, Bill Lorenz, Frank Brutt and filed. 14. Minutes Received and Filed: A. Marco Island Beautification Advisory Committee agenda of 10/2/90. B. Marco Island Beachfront Renourtshment Advisory Committee agenda of 10/3/90. C. Collier County Planning Commission agenda of 10/4/90. 15. Notice to Owner dated 9/26/90 to Guy-Mann Construction and BCC from Trt-Rental, advising that they have furnished various rental equipment for the South Collier South Service Area Gravity Sewer System-Wastewater System Contract #2, under an order given by Gratttc & White Utilities. xc: Nell Dorrtll, Steve Carnell, John Yonkosky and filed. 16. Final Notice to Contractor, T. A. Forsberg, Inc., of Florida and Hartford Fire Insurance Co., from APAC-Florida, Inc., advising that they have furnished asphalt paving and related materials for the South County Regional Wastewater Facilities Phase I, Contract I, pursuant to a contract wlth T. A. Forsberg, Inc. , of Florida. xc: John Yonkosky, Steve Carnell and filed. 17. Letter dated 9/17/90 to Counsel of Record, from Patrtcta A. Woodworth, Secretary, Florida Land and Water Adjudicatory Commission, Office of the Governor, re Halstatt Grey Oaks, a Development of Regional Impact. xc: Neil Dorrill, Frank Brutt, Bill Lorenz and filed. 18. Letter to BCC dated 9/26/90 from Commissioner Barbara Sheen Todd, Ptnellas County Board of County Commissioners, with attached resolution encouraging the formation of a State Recyclables Market Task Force. xc: BCC, Bob Fahey, Netl Dorrtll and filed. 19. Application dated 9/28/90 to Public Service Commission, from Southern States Utilities, Inc., requesting rate increase, Docket #9000329-WS, submitted by Wayne L. Schiefelbetn of Gatlin, Woods, Carlson & Cowdery, Tallahassee. xc: Net1 Dorrill, Mike Arnold and filed. 20. Letter dated 9/25/90 to Commissioner Hasse from Robert N. Gray, Director of Accounting, South Florida Water. Management District, w/copy of audited financial statements, xc: Budget, John Yonkosky and flied. 21. Certified letter dated 9/27/90 to Commissioner Hasse from John R. Wodraska, Executive Director, South Florida Water Management District, certifying to the lands in Collier County lying within the boundaries of the South Florida Water Management District. xc: John Yonkosky, Guy Carlton and f t 1 ed. 22. Copy of 9/27/90 letter to Trudte Bell, Department of Environmental Regulation. from Wayne E. Daltry, Executive Director, Southwest Florida Regional Planning Council, re Pine Ridge Industrial Park MSTU Dredge and Fill Permit Application. xc: Frank Brutt, Bill Lorenz and filed. 23. Letter dated 9/28/90 to Commissioner Hasse from Wayne E. Daltry, Executive Director, Southwest Florida Regional October 9, 1990 Planning Council, re audit confirmation from Wentzel, Berry, Bartlett &Swope, CPA's. Original to John Yonkosky. xc: filed. 24. Letter dated 9/28/90 to Commissioner Hasse from Wayne E. Daltry, Executive Director, Southwest Florida Regional Planning Council, with attached assessment for membership of Collier County in the Council. xc: John Yonkosky and filed. 26. Letter dated 9/24/90 to Ms. Christine Moore, Office of Planning and Budgeting, Tallahassee, from Douglas M. Midgley, Public Defender, re Revised Financial Plan for FY 1990-91. xc: Ken Cuyler, State Attorney, and filed. 26. Second Notice of Voluntary Dismissal, Circuit Court of the Twentieth Judicial Circuit I~unokalee Water and Sewer District, Plaintiff, vs. Ga~ino Sollz, et a]. Case #90-2?O3-CAO1-HOH, dated 9/28/90, from Kenneth K. Thompson, Boardman & Thompson, P.A. xc: Ken Cuyler and filed. There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 5:35 P.M. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS minutes approved by the Board on ~W as presented / or as corrected