Loading...
BCC Minutes 08/08/1989 R Naples, Florida, August 8, 1989 LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 A.M. in R~QUI~%R SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Burr L. Saunders VICE-CHAIRMAN: Max A. Hasse, Jr. Richard S. Shanahan Michael J. Volpe Anne Goodn~ght ALSO PRESENT: Annaliese Kraft, and Ellis Hoffman, Deputy Clerks; Nail Dorrill, County Manager; Ronald McLemore, Assistant County Manager; Tom Olliff, Assistant to the County Manager; Kan Cuyler, County Attorney; David Weigel, Assistant County Attorney, Kevin O'Donnell, Public Services Administrator; George Archibald, Transportation Services Administrator; Frank Brutt, Community Development Administrator; Ken Baginskl, Planning Services Manager; Ron Nlno, William Laverty, Philip Scheff, Patricia Sikowski, Planners, Jeff Perry, Chief Planner Transportation, Bob Blanchard, Comprehensive Planning Manager, Mike Arnold, Utilities Administrator; William Lorenz, Environmental Services Administrator; David Pettrow, Development Services D~rec~or; Nancy Israelson, Administrative Assistant to the Board; and Deputies Tom Storrar and Sam Bass, Sheriff's Office. Page AUGUST 8, 1989 Tape #1 IteR #3A &~r~ - APP~0V~D #IT~ CHAMOIS Commlsmioner Shanahmt ~oved, seconded by Contsotoner Hu~ ~d carrt~ 5/0 that the agenda ~ approved with the roll.lng ch~ge8: Item 9B2 Added - Recommendation to award contract to Better Roads, Inc. to construct a bike path and sidewalk to the new Golden Gate Terrace Elementary School. Item 9Fl Added - Impact of closure of Collier County Health Services' Immokalee Clinic. Item 12B Added - Request for Special Board Meeting regarding Administrative Hearing - Marco Island Beach Renourtshment. Item 9B1 Continued - Authorization for Staff to negotiate a Supplemental Agreement concerning Extension of Design Services on Immokalee Road from 1-75 to C.R. 951. 5. Item 6B1 Continued - Collier County Sign Ordinance Item 6B3 Continued - Petition R-89-1, Pelican Lake - Ordinance amending Ordinance 82-2. Item 6C2 Continued - Fire Code Ordinance adopting 1989 National Fire Protection Association Codes with amendments for Collier County. Item #gH1 RISOLUTION APPROVING FRANCHISE AGI~EMENT WITH TELESAT CABLEVISION, INC. PURSUANT TO COUNTY ORDINANCE 88-90 - CONTINUED FOR 'A'~O NEEKS Comisstoner Hesse moved, seconded by Conlsetoner Good.night and carried unanimously, that Item 9R1, a Resolution approving a ~ranchttle Agreement with Telesat Cablevteton, Inc. pursuant to County Ordtnancl) 88-90, ~ continued for t~ Item ~lA SERVICE A.~, ROBERT LKSTER, P~S ~ ~C~TION 10 ~S - ~~D Commissioner Saunders recognized Robert Lester, of Parks and Recreation, for ten years of continuous service with Collier County Government. He presented him with a certificate and a pin. Item ,6B2 PETITION Z0-89-$ CO~UI~ITY DEVELOPMENT DIVISION REQUESTIN~ AN ~ TO THE COLLIER COUNTY ZONING ORDINANCE 82-2 AS AMENDED, SECTION 20, DEMINITIONS AND SECTION 7.19 TRAVEL TRAILER-RECREATIONAL VEHICLE PARK CAMPGROUND DISTRICT - TO BE READVERTISED Planner Ntno reported that Staff met with the Association of TTRVC Campgrounds and agreed to allow them the opportunity to review the Page 2 AUGUST 8, 1~89 draft of the TTRVC regulations. He noted that these re~ulations were mailed on 8/2/89 and in order to give them the opportunity to respond, he requested the matter be continued. A discussion followed about significant changes vs. minor changes in the Ordinance and procedures to be followed. Co-~ieeloner Shanahan ~oved, seconded by Commieeionar Ha~ee and carried ~i~usly, that Petition ZO-89-5 ~ rea~er~A~ ~d con- tinued. Item t6C1 ~SOL~XON NO. 89-199 ~VXRG ~~ ~GUAG~ ~ ~ ~AG~ P~ ~ ~SOLUTXOR NO. 89-200 T~MX~XNG ~ Planner Laverty reported that the items to be discussed are clari- fications of sections of the Growth Management Plan and the Future Land Use Map, or other adopted sections of the Plan. He noted that the first item on the agenda is a study of certain sections of land for possible inclusion in the urban designated area, and that this item was completed at the direction of the CCPC. He requested that the Bcard of County Commissioners consider each individual item on this agenda separately. He indicated that at the conclusion of the hearing, Staff seeks a separate motion for the Resolution approving transmittal of these documents to DCA. Commissioner Saunders requested that public speakers listen for the area being addressed. Mr. Laverty tndlcated that after transmittal and tho review pro- cess as allowed by Chapter 163, t:~ese amendments will be returned to the CCPC and the Board of County Commissioners for approval in late December or early January. He stated that the first item is the Urban Boundary Study presented by Bob Blanchard, Comprehensive Planning Manager for Community Development Services Division. Mr. Blanchard reviewed Staff's report regarding the expansion of the urban boundary in the area northeast of Immokalee Road. He indi- cated that a map package had been supplied to the Board of County Commissioners representing the displayed maps. He reported that the Page AUGUST 8, 1989 discussion will covc~ 3 areas: 1) brief background review: 2) outline of the findings of the report and 3) presentation of Staff recommen- dations. He noted that Ron Lee prepared the report, but he is on vacation. Mr. Blanchard pointed out that during the process of the Growth Management Plan adoption, this issue was presented a number of times and discussed in great detail. He stated that a request by a property owner within the study area, Milton Hahn, requested expansion of the urban boundary designation to the northeast, extending Immokalee Road to include six square miles. He indicated that on December 12, 1988 the CCPC voted not to include the area in the urban area, and asked Staff to review the requested expansion during the first review cycle of the Plan amendments. He explained that the appropriateness of including that area within the urban boundary and the effects of urba- nization on existing conditions is included in Staff's report. Mr. Blanchard explained that the first map represents an example of primary data sources used in the Planning Department prepared by the South Florida Water Management District, know17 as the Land Use Land Cover data. He stated that the legend on the b:~ttom of the map package indicates 20 percent of the area is deve3oped with low density single family dwellings, 50 percent of the land is covered with cypress indicating the wet nature of the property, and the majority of the area is wetlands. He pointed out the area surrounded by low den- sity residential development, the estates area to the east and southeast, agriculturally designated land across from Immokalee Road to the north, the Corkscrew Swamp area, the six square miles under consideration, and the existing urban boundary approved by the Board on January 10, 1989. He reported that existing PUD's to the west awe developed at a low density and under 4 units per acre. He stated that all zoning in the area is agricultural, and two overlays exist in the northwest section; "ST" designating specific areas of environmen- tal concern that need to be maintained during the development process, and a mobile home overlay allowing mobile homes to be placed on agri- AUGUST 8, 1989 cultural lots in add/t/on to single-family residences tn th~ 4 sec- tions to the east. He pointed out, based on interpretation of aerial photos and flyovers of the area, 40 to 50 dwelling units in the eastern portion of the study area totalling 140 people living in the area at present. Mr. Blanchard explained that analysis of the wetlands covered the soil, wetlands characteristics and potential for a wellfield to the north of Immokalee Road. He stated that the soils in the area consist of one classification, and indicate a severe limitation for concentration of septic systems. He pointed out that a public system or package plant will be required for development at higher densities. Mr. Blanchard noted that vegetation existing in the area is ~ndi- cative of wetlands and transitional wetlands, and the eastern portion of the area is targeted as a potential critical ecological corridor. He displayed maps on potential wellfields with the Capital Improvement Elements, noting a water treatment plant and potential wellfield planned for the north side of Immokalee Road. He pointed out the boundaries on the map representing cones of influence and areas of drawdown, which may impact water quality. He emphasized that there are no water management control structures, except fo? a canal along ~he south ~'order of the area, potable water is provided by private wells, a sewer system is provided by individual septic tanks an] the transportation system fronting on Immokalee road operates at Level of Service "B" He reported that the County encourages natural water mana- gement by leaving the wetlands intact and using them as part of the water retention system. He explained that to promote the natural systems, the County will undertake two County-wide water management stu- dies addressing land use, resource management and flood protection. He stated that a proposed wellfield to the north with a proposed water treatment plant for potable water is planned, out no centralized system for ~anttary sewers exists. He indicated that the County encourages extension of the public system to newly developed areas. He explained that the base density level of 4 units per acre was set AUGUST 8, 19S9 in the Growth Management Plan, but a potential of 16 units per acre exists. He pointed out that the range of 15,000 to 60,000 dwelling units would overburden Immokalee Road. He reported that the urban designation of 4 to 16 units per acre ts not compatible with the existing surrounding land uses of the estates to the south and east, an agricultural-rural area to the north, and emphasized that in the west, the tendency ts low density planned unit developments. He noted concern about urban sprawl, characterized by leapfrog development resulting tn an unfavorable land use pattern and impact on public facilities. He reported that as of April 1, 1988, there are 72,000 dwelling units In Collier County, and tn addition 135,000, approved but unbuilt dwelling units, causing Staff to feel urban extension ts extremely premature. He pointed out that zoning re-evaluation will bring back into line the areas designated inconsistent with the Growth Management Plan. Mr. Blanchard noted the 9 major reasons staff recommends denial of expansion of the urban area: 1) any redestgnatton of the study area should be coordinated with the provision of adequate public facili- ties, 2) potable water may be available in 1992 but neces6ar¥ sanitary sewer and roadway facilities are not programmed for the area, 3) watershed master plans should be developed to determine If urban uses are appropriate, 4) subject area ts of environmental concern as shown on the adopted Future Land Use Map, 5) urbanization may significantly impact natural resources tn this area and adjoining areas as well, 6) soil characteristics are not suitable or conducive to high con- centration of septic systems, 7) portions of the study area are within the wellfleld cones of influence, 8) designating the area urban will promote urban sprawl and an undesirable land use pattern and 9) urban designation is premature given the current supply of undeveloped land still proposed. He noted Staff projects that housing needs are taken care of through the year 2030 for this particular area. He emphasized that the area should remain resident/al-agricultural, and the OCPC supported Staff's recommendations on June 15, 1989 with a unallimous Pa~e 6 AUGUST 8, 1989 vote of 6/0. He noted that 11 pieces of correspondence were received; 6 In favor of urbanization, 5 against and of the 6 in favor, 5 letters were from out-of-county residents. Mr. Milton Hahn stated that a mistake was made in 1984 when the original urban boundary was set. He suggested that Section 29 tn the Rock Road area, the east half of Section 29 and north half of Section 32 be omitted to accommodate the people in that area opposed to changing the urban boundary. He reported that the one mile l~ne was established by the Board of County Commissioners hastily to resolve the unsettled problem of where to locate the urban boundary. A discussion followed about the comments of a CCPC member. He concurred with Staff's concern about sewer, but not about transportation and pointed out other streets available in the area for circulation. He did not concur with Staff's concern about water management and natural resources in this area, and emphasized these problems exist county- wide. He stated that an 'updated environmental report is needed. He requested that the Board of County Commissioners include this area and all issues pertaining to the Growth Management Plan, recommend appro- val and forward to the State. Mr. 3ames L. Swelgert stated that he recognized the rights of absentee property owners, but there ts a distinction between people who reside tn the area and vote in the County elections. He indicated that he did a survey of landowners in the area at a meeting with 74 people attending, 58 were against the urban zoning, 2 were in favor of it and 14 were undecided. He pointed out that Staff has studied this issue and noted that they have no financial interest or hidden motiva- tions. He emphasized that urban sprawl has occurred in Collier County, and there ts no reason to compound mistakes already made by including this area. He noted that he purchased land zoned for agri- cultural purposes, and stated that if this land is included tn urban zoning, rezontng will occur and push these owners out of their l~vel~- hood and business. He concurred with Staff recommendations and requested that the Board of County Commissioners deny this proposal. P~a 7 AUGUST 8, 1989 Commissioner Goodnlght noted that the meeting of landowners took place on July 10, 1989 and the undecided votes were tallied before the meeting was held. Mr. Buddy Smith, a property owner tn Section 36 of this 6 square mile area, stated that the Board of County Commissioners should clear up the misunderstanding that farms and agricultural processes do not Go on in the urban areas. He noted that developers provide roadways and multiple accesses to the properties when a rezone is requested, and they also provide sewer and water facilities. He stated that Vanderbilt Beach Road could be extended to these properties due to a 60 foot easement that i~ in place north of the Golden Gate Canal. He reported that the 4,§00 acres taken out by the County with watershed situations is wet with no drainage, but Vanderbilt Beach Road going to Mr. Hahn's property and the adjacent property is dry. Be suggested takinG 4,§00 acres from development to the 95! corridor and replace that 4,§00 acres with the 6 sections less than $,§00 and much better land. Mr. Bob Gilman, purchaser of land in Section 29 and building a home, said that he chose this location because of the zoninG. He pro- vided literature to the Assistant County Manager regardinG farminG (Exhibit "A" on file in office of Glerk of the Board) and emphasized that he agreed with Staff's recommendations. Commissioner Volpe questioned if re-establishing the urban boun- dary to include an additional 4,000 acres would prevent someone from coming in with a plan for a particular portion of 4,000 acres to peti- tion for an amendment to the Comprehensive Plan in connection with a rezoninG application if the property were adjacent7 Mr. Blanchard responded that would be required if the density were to exceed that which is permitted. Commissioner Volpe pointed out that it could be done on an ad hoc basis if it fit within the time frame. Comm~ssioner Shanahan questioned Mr. Blanchard about the following points Mr. Hahn made: "Only area in the county treated this way"? Mr. Blanchard replied this is not a fair statement, other areas have AUGUST 8, 1989 had the urban boundary withdrawn, i.e. Collier Seminole Stat~ Park and the urban area. "Doesn't make sense", Mr. Blanchard disagreed with that. "An anomaly", Mr. Blanchard did not believe it was an anomaly. "Inadvertently done in urgency and haste". Mr. Blanchard could not comment as he was not here at that time, but checked with the Chairman of the CCPC and it was not true. "Not good planning", Mr. Blanch&rd disagreed and "Need updated environmental report, what we have is past history", Mr. Blanchard responded that the Natural Resources Staff did an analysis on aerial photographs and familiarity with the area, two flew over, and it is a transitional wetland in some places, but the area does register vegetation consistent with wetlands. Commissioner Hasse questioned the maximum use Mr. Hahn would be allowed? Mr. Blanchard responded that res/dent/al development is limited to one home per five acres, the property is currently zoned agricultural and is low density rural type environment. Commissioner Goodnlght reported that, at a meeting held in July 1989, the people living in this area indicated that they do not want this change. She pointed out that they purchased pToperty and built homes with the understanding that the zoning would remain the same, as well as the surrounding property. She emphasized that the Board of County Commissioners should take a long hard look at adding the area to the urban boundary where the zoning could be changed. A discussion was held and the consensus was to leave the public hearing open. C~leeloner Goodnight ~:;ved, seconded by Com~ssionsr Shmnahan and carried unanimously, that the urban boundary re.mtn the same. Mr. Blanchard stated that 3 minor amendments to the Future Land Use Map are recommended: l) add coastal beaches as part of the area of environmental concern overlay, an Item Inadvertently omitted when the Plan was adopted, 2) change of the map legend from commercial activity center to mixed use because a misconception exists that commercial activity centers can be developed entirely co~mercial and this is not the intent, and 3) clarification and highlighting of AUGUST 8, 1989 the coastal management area lying between the City of Naples and Collier Seminole State Park south of Highway 4! to include an addi- tional crosshatching, inclusion in the text of two paragraph~ describing the urban coastal fringe emphasizing an absolute ce/ling on the number of development units proposed in that area of 4 units per acre. Barbara Henderson Cawle¥ of Wilson, Miller, Barton, Sol/ & Peek, Inc., questioned the multi-use activity center concept? Mr. Blanchard responded that the Future Land Use Element outlines criteria for review of any commercial application, but it does not require residen- tial development and simply states that they are mixed use activity centers. Atterne¥ George Varnadoe questioned if the urban coastal fringe change specifying all vezones must be in the form of PUD's, which will include Marco Island, is practical? Mr. Blanchard replied that that could be removed. Commissioner Yelps stated it was a point well made. Mr. Blanchard suggested that "must be" be changed to "recommended to be In the form of PUD's" Co~tesioner Shanahan ~oved, seconded by Co~aissioner .Hae~e and carried unanimously, that coastal beaches be Included In the Future Land Usa Map, the ~ap legend be changed from co~ercial mcttvtt-F center to mixed use activity center, an urban coa~t&l frln~ section be added with a change in the language to read: All rszonee are recommended to be in the form of m Planned Unit Devmlol~ment. Planner Sikowski stated that the majority of the Amendments to the Traffic Circulation Element are updating and text and map corrections. She reported that on Page 10 the existing traffic circulation map it shows the adopted Levels of Service standards with changes reflecting the new Levels of Service. She noted that in rural areas, S.R. 29 and S.R. 82 have been changed from Level of Service "C" to Level of Service "D", and that the Florida Department of Transportation has created transitional urbanized area classifications including U.S. 41, 1-75, S.R. 84, changed from Level of Service "D" to "C". She indicated Fags I0 AUGUST 8, 1989 that the displayed portion of S.R. 95! has been chan~ed from Level of Service "E' to "D". She pointed out a new county Level of Service for Bonita Beach Road at 150 percent of Level of Service "E" established to avoid concurrency problems until an agreement between Lee and Collier County Is reached to improve this roadway facility. She reported that new Level of Service maxlmum volume tables adopted by the FDOT in November, 1988 are included. She explained that these tables were designed to use annual average dally volumes to determine peak seaso-- hal roadway conditions. She pointed out County roadways no longer considered deficient by the new FDOT Level of Service levels: Immokalee Hoad from U.S. 41 to Airport Road, Pine Rtdg~ Road from 41 to Goodlette-Frank Road, Pine Ridge Road from Shirley Street to Airport Road, Golden Gate Parkway from Goodlette-Frank Road to Airport Road, Airport Road from Radio Road to U.S. 41, U.S. 41 from the north trail to S.R. 84, but U.S. 41 from Pine Ridge to Laurel Oak Drive is considered deficient by the new Level of Service tables. She explained that on Page 28, Table 3, the existing road inventory for Collier County has been updated to show the 1988 annual average traf- fic count for each roadway segment, new Levels of Service and roadway capacities. She displayed the Capital Improvement Element map amended to reflect the earlier version of the updated 5 year Improvement ele- ment. She pointed out new roadways added and projects completed and deleted from the element. In response to Commissioner Volpe she stated that the north/souTh road, Camp Keyes, and the extension of Carson Road have been added. Transportation Services Administrator Archibald confirmed that in the rural area 3 roadways have been on the County's 5 and 10 year road plan with 2 roads added to the CIE. He explained that in the Immokalee area, the extension of West Block and Carson Road have been designed to take some of the traffic away from Lake Trafford Road and address capacity needs in the Immokalee area. He pointed out that the Camp Keyes Road between C.R. 846 and 858 is a future roadway providing a shorter route between the rural area and Immokalee. I]% l'esponse to Page 11 Commissioner Hasse, Mr. Archibald explained that Camp Keyes connects C.R. 858 which goes through Orangetree and Golden Gate estat(~s con- necting C.R. 846 and S.R. 29. He noted that road will provide a more direct route and also serve the current farm and citrus areas as well as future residential areas. In response to Commissioner Hasse, Mr. Archibald explained that an agreement reached with the County requires the property owners to provide right-of-way, undertake design, build the roadway and drainage facilities up to and including the limerock road base. He stated that when that construction is completed, the County will put on a paved surface and provide maintenance for that road. Commissioner Volpe questioned the authorized expenditure of $250,00,, for that purpose? Mr. Archibald responded that it is being added to the Capital Improvement Element to show the road within the rural area, and to make the 5 and 10 year road plan consistent w~th the roads identified in the Comprehensive Plan. Growth Management Director Litsinger explained that the CIE goes to the CCPC for public hearln~ on August 24, 1989 and to the Board of County Commissioners on August 29, 1989 at which t~me this road will be a part of the capital element the Board of County Commissioners will be approving. Commissioner Shanahan questioned how S.R. 951 from U.S. 41 to Marco Island rated Level "E" iD 1987, by use of the 1988 traffic count, is now brought to Level "D"? Ms. Slkowski responded that that change is due to new standards adopted by the State in its new classi- fication, transitlonary urbanized areas. He questioned how the County went from Level "D" to "E" on S.R. 951 when it was in an "F" classifi- cation? Tape ~2 Transportation Chief Planner Perry explained that the standards set are the minimum standards that must be maintained on the southern sec- tion of S.R. 951. He noted that the State now sets "D" as a m~nimum standard to be maintained, but the operating service level is still "E" and will continue to get worse; and additionally, the State now AUGUST 8, 1989 requires the County to adopt Level of Service "D" on this portion of S.R. 951. Commissioner Shanahan emphasized that nothing has changed, except for the classification required by the State. Mr. Perry pointed ou't that upon adoption of this Amendment, the road will be operating beyond the acceptable Level of Service. In response to CommissioneF Shanahan, Mr. Perry explained that in January a decision will have to be made about S.R. 951, but noted that one saving grace is the new category "backlog conditions" the State adopted which avoids an auto- matic moratorium. He indicated that the County will not be put in the positlen of changing the standard and immediately having to stop issuance of building permits. He emphasized that the Board of County Commissioners should consider that the State is asking Collier County to try to maintain a higher level of service than they did last year. In response to Commissioner Volpe, Mr. Perry responded that the County can adopt a different standard if the County can 3ustify it. He explained that Staff would be in a position to Justify keeping it at the same standard the County adopted a year ago. Commissioner Shanahan questioned if the County has the discretion to refuse to accept "D" as the minimum Level of Service? Mr. Perry responded that the Board of County Commissioners can direct Staff to leave the level at "E" and write 3usttftcatton for that standard. A lengthy discussion followed about changing Levels of Service standards. Commissioner Shanahan suggested that the Board of County Commissioners consider directing Staff to make that change and leave S.R. 951 at Level "E". Commissioner Volpe noted that there w~ll be far reaching effects in a year or two, and Commissioner Shanahan emphasized that the County will be in an untenable position if the changes are not implemented. Commissioner Volpe noted that U.S. 41 from Pine Ridge Road to Laurel Oak Drive's Level-of-Service was changed. Mr. Perry reported that the County is not changing the standard, but rather showing an Page AUGUST 8, 1989 existing deficiency. eeeeeGonissioner Saunderl abeent from meetingeaSe" In response to Commissioner Volpe, Ms. Sikowski replied that U.S. 41 from Lee County line south to Old 41, 1-75 to C.R. 951, S.R 84 from County Barn Road to C.R. 951 will go from Level of Service "D" to "C". She pointed out S.R. 82 and S.R. 29 on the displayed map will go from Level of Service "C" to "D". Commissioner Volpe questioned existing Level of Service on Davis Blvd. in the S.R. 84/County Barn area? Mr. Perry replied that as a result of a 1988 analysis it has not been looked at currently, the entire length to Santa Barbara was operating at Level "B", and Santa Barbara to C.R. 951 was operating at Level "A". He pointed out that the portion from Santa Barbara to C.R. 951 being changed is not the worst portion, but one part between County Barn and Santa Barbara will be, and the County has plans to four-lane that road this coming year. Mr. Perry recommended that posturing the position of setting stan- dards and Justification for the County has merit and may be the better approach. Commissioner Shanahan moved, seconded ~ Co~Issloner ~ight ~d c~ried 4/0 that Staff ~ directed to leave the Leal of Sl~tce ~d accept ~he reco~endatAons ~d ch~ges of Staff on all o~her pro~als. (co~issioner Saunders absent). Planner Laverty reported that there are two changes ~n the Capital Improvement Element that are exactly the same as ~n the Transportation Element. He noted that Bonita Beach Road will be changed from Level of Service "E" to ~50 percent of "E" and the changes In the levels of services An the transit]onized urbanized areas will be made as theW were di:'ected ]n ~he Transportation Element. In response to Commissioner Volpe, Mr. Laver~y replied that one process ]sa formal e]ement process changing policies and adopted maps or any other adopted port,on of the plan and the annual u~date of the Capital Improvement Element ~or costs, revenue sources and financially Page 14 AUGUST 8, 1989 feaslble changes. Mr. Lltstnger explained that the amendment being reviewed and approved today would not be reflected tn the Capital Improvements Element update and its cost. He stated that the CIE update the Board of County Commissioners will review this month Is based on the Level of Service standards appearing in the document today. Comiasloner Shanahan moved, seconded by Commissioner Goodnlght ~nd carried 4/0 that Staff'm reco~umendations for A~end~enta of the Capital I~prov~nt Element ~ approved. (Co~tseloner a~ent). Mr. Laver~y reported that the changes for recreation and open space encompasses only changes adopted on the maps. He stated that all parks and open space facilities were sited to impact fee d/strict maps. Commissioner Shanahan pointed out that existing public beach boa~ ramps, access parks, etc. are all identified on the maps. C~isaloner S~~ ~, ~econded ~ Co~taei~er Vol~ ~d carrt~ 4/0, t~t Staff's reco~ndattons for ~n~nts for Recreation ~d ~n S~ce Ele~nts ~ appr~ed. (Coalsston. r Sanders *~*~W Clerk Hoff~ replac~ N~W Clerk lraft at this Growth Management Director Lttstnger explained that the proposed amendment under General ~equlrements Is a revision to the time schedu- les for review and adoption of future amendments to the Plan, and a fl/lng fee Increase for proposed amendments. He stated that an annual amendment process ts required by Chapter 163 F.S., and it provides for a schedule of up to twelve months, but noted that the current schedule la le-s than twelve months. He indicated that since adoption of the Plan tn January, it has become evident that changes to the schedule are necessary: 1. The current schedule places unnecessarily tight constraints on Staff's time for review tn consideration of the complexity of many of the amendments and their potential l~pact on Indi- vidual landowners and the quality of life tn Collier County; 2. The current schedule is unrealistic as it applies to the Capital Improvement Element Up-date since the cur=she sche- dule calls for submission to the Department of Community Affairs tn the middle of May. He advised that t~ Impossible to complete the CIE Up-date without ?avallellng the annual budget process which ts coapleted on )uly 15; Page 15 3. The original submission of the Growth Management Plan to DCA on August 1, 1988, and its subsequent adoption on January 10, 1989, establishes these two dates as logical and practical key dates for future annual amendment transmittal and adop- tion. Mr. Lltstnger indicated that the Commission had previously requested that Staff fey.Jew the current filing fee as to whether or not it should be adjusted to reflect the cost of review and amendment process. He advised that: the CCPC has reviewed this amendment, and they are recommending adoption. Mr. Litsinger called attention to Page GR-41 of the proposed amendment, Paragraph Bg, noting that this will most likely require discussion since the intent to adopt an extraordinary vote as a necessity to adopt Plan ~mendments is in question. County Attorney Cuyler advised that he has reviewed Staff Reports, Executive Summaries, Minutes, Transmittal Letters, and the adopting Ordinance, noting that there has been quite a bit of confusion. He indicated that he has determined that the Board of County Commissioners did not haue the intent to, and did not adopt the amend- ment process as part of the Growth Management Plan. He noted that as a result of the Resolution, a 4/5's vote is required to amend the Plan, but the question is whether the language in the Resolution was adopted as part of the Comprehensive Plan. He advised that he has determined that this language has not been adopted as part of the Plan. He explained that in the index of the materials that were distributed to the public, there is an asterisk by a heading which includes this item, and indicates that it has been adopted, but that is not wb:~t the Board adopted. He stated that this is not a rquired item to be adopted, but Staff does not object to incorporating this into the Comprehensive Plan, but the question then becomes whether this should be adopted with a 3 vote requirement or a 4 vote require- ment? In answer to Commissioner Volpe, Mr. Lltsinger replied that Staff is asking the Commission to approve changes to the ame~4~.lnt process, but the issue as to whether or not this is an adopted portion of the Page 16 Plan is another issue. He advised that the Plan must include an amendment process, and :It is the position of the County Attorney that this has not been adopted. He indicated that there is no requirement that the amendment process be adopted, but only that it be ldentified in the Plan. Attorney George Varnadoe stated that the advertisement for the adoption of the Comprehensive Plan stated that one of the items that would be adopted was a Plan amendment process, and he is requesting that the Board consider this. He advised that the Comprehensive Plan as distributed to the public and DCA includes this, and has not been "asterisked out". He noted that a super majority is required for zoning changes in Collier County, and it seems inconceivable to him that the Growth Management Plan can be changed with three votes, and yet it takes four votes to implement the Plan. He indicated that the Plan may be amended once a year as a matter of course, and one more time a year, if the Board of County Commissioners feels it is appropriate. He stated that the Statute allows for the Plan to be amended as a matter of course twice a year, and he is suggesting that the Commission preserve the right to amend the Plan twice a year, as opposed to the once a year that is written into the amendment process. Mrs. Cawley stated that if a DRI comes in, it needs a PUD amend- ment, and a Comp Plan amendment, and there ks a triple charge for this type of review which can be very expensive for some pro3ects. She noted that there is exemption language relating to the time frame for DRI's, and suggested that exemption language also b~ included for the fees. Planning Services Manager Baginski advised that under the current Ordinance and fee schedule, there is a separate fee for a Comprehensive Plan amendment, and a separate fee for DRI processing and review, and also rezoning. He indicated that he does not ob3ect to including language relating to the amendment of the Comprehensive Plan being addressed within the DRI fee. AUGUST 8, 1989 Include the language of the a~end~ent process in the 0o~p Plan, and to also Include exe~rptton languag~ relating to In answer to Commissioner Volpe, County Attorney Cuyler advised that the amendment language ts not required by Statute to be adopted, and procedurally, it ts easier to change the Plan without the adoption of the lan~age. C~t~loner H~se wtth~ ht~ ~econd ~d the ~tt~ di~. C~t~lo~r Vol~ ~ed, second~ ~ Co~tsstoner S~ ~d carrt~ ~i~sly, to close the ~bltc hearing on the ~~nts to the Co~re~t~ PI~. Co~lseloner Haese ~o~, seconded ~ Co~tsstoner Vol~ ~d carrt~ u~l~aly, to approve the ~n~ents to the Co~rehe~i~ Pi~, ~ presented ~ Staff. Cmtset~er Vol~ ~d, seconded ~ Co~tsstoner H~ee ~ c~rt~ 4/1 (Co~tssloner Sh~ op~eed), to adopt Resolution 89-199 ~dtng the Gr~h ~ge~nt PI~ ~ re~tng T~ ~n~nt 1~~, ~d Including the exertion l~ge r~ardtng DRI~e. County Attorney Cuyler advised that a second public hearing be held on these matters prior to January 10, 1990. C~tsetoner Vol~ ~v~, eecond~ ~ Co~t.~eloner H~ ~d c~rt~ ~t~sly, that Resolution 89-200 ~ adoptS, for the tr~tttal of the Gr~h M~a~nt Pi~ ~en~nts to the of C~t~ Affairs. Page 18 AUGUST 8, 1989 **" Recess 11:15 A.M. - Reconvmnsd 11:30 P.M. ess .es ¢onteeionsr Saundere left the meeting at this tt~ ss, Its ~Cl ~SOL~ION 89-201, PITITION S~-89-9, J0~ S. ~ELL OF ~S~ ~ B~O~, INC., ~P~SE~ING LEON RIC~DS, ~ S~DIVISION ~ P~ ~OV~ ~R I~ERI~ P~CE - A~D S~JKCT TO STI~TIO~ Legal notice having been published in the Naples Daily News on July 2, 1989, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition SMP-89-~, flied by John S. Kettell of Halstead and Bellhorn, Inc., representing Leon Richard~. requesting Subdivision Master Plan approval for Imperial Place, to be located on the south side of Imperial Golf Course Boulevard, approximately 1/2 mile east of U.S. 41, tn Section 15, Township 48 South, Range 25 East, containing 20.30 acres. Planning Services Manager Bagtnski reported that the Petitioner ts requesting a Subdivision Master Plan approval for Imperial Place Subdivision. He advised that the lands to the north, east and west of this project are Imperial West PUD. He Indicated that zoning to the south is A-2 and A-2"ST", and is undeveloped. He noted that the property ts bound on the east by a 100' FPL easement, and the proposed use is for 60 lots on 20.3 acres. He advised that the property is Tract "D" of the Imperial West PUD which allows for zero lot line housing, and the gross density of the project will be 2.95 units per acre. Mr. Bagtnskl explained that as part of the review, the Subdivision Master Plan was compared for consistency with the adopted PUD Master Plan, and it was Identified that the proposed development include all of Tract "D" and 4.7 acres of Tract "E". He noted that in addition, there is a proposal to move the existing cul-de-sac and modify the lake area. He indicated that Staff reviewed the SMP and found that the overall number of units permitted within the subdivision will be reduced from 78 units to 60 units and the roads and the lakes have not bee:; :elocated more than 200' as allowed within the origCnal PUD docu- ment. He stated that since a portion of Tract "E" wil? be used within Page 19 AUGUST 8, 1989 this SMP, Staff is recommending that a fractionalization plan be sub- mitted for Tract "E", to reduce the maximum number of units consistent with the reduction of acreage: 6 unite per acre, 9 4.7 acres for a total of 28 units, thereby, reducing the maximum allowed units in Tract "E" to 86 units from 114 units. He noted that because the layout of the road is in a different configuration, Staff ts recom- mending that Tract "D" provide access to Tract "E" and identify the commitment to provide access on the recorded plat. He stated that with these stipulations Staff finds that the proposed changes are minor. Mr. Baginskt stated that a final issue to be reviewed is the right-of-way dedication on Imperial Golf Course Boulevard. He advised that there were two separate stipulations within two separate rezoning petitions that addressed the dedication of right-of-way on this road, noting that the second rezoning and stipulation stated that the pre- sent right-of-way width shall remain at 60' He explained that since the second stipulation came after the first stipulation, Staff feels that there does not appear to be a requirement for additional right- of-way dedication for future four-laning. Mr. Bagtnskt reported that the CCPG recommends approval of this SMP, with an additional condition that states: The Petitioner shall pay a proportionate fair share of any traffic signal that may be required at the intersection of Imperial Golf Course Boulevard and U.S. 41. Mr. Dwight Richardson, of the Imperial Golf Estates Homeowners Association, stated that he appeared before the Collier County Planning Commission on July 20, 1989, and raised a number of issues regarding this project. He advised that subsequent to the CGPO meeting, the petitioner contacted the homeowner associations in the impacted area, and the issues of concern were addressed, and have been mutually resolved. He provided a copy of his comments, dated August 8, 1989, to be included in the record (Exhibit "A" on iii9 in office of Clerk of the Board). He noted that security arrangements, as referred to as "Plan A" (the preferred plan), and "Plan B" have been O(" Page 20 ~UGU~ ~, 1989 worked out with the developer. He stated that he believes that this project should be approved. Mr. 3ohn Kettell, representing Mr. Leon Richards, stated that the cul-de-sac design has been submitted for approval by the f~re depart- ment, and a letter is on file with the site review which states that this design is acceptable. Commissioner Volpe noted that Mr. Richardson stated that agreements have been reached with the developer regarding the security gates and construction traffic, and questioned whether these could be includei as stipulations for approval of the SMP7 Mr. Kettell replied that he will submit a letter to Mr. Bagtnski regarding the construc- tion entrance, but noted that neither his client nor the Homeowners Association owns that road. He advised that Whispering Pines owns that road, and their permission is necessary to do etthe. "Plan A" or "Plan B" He indicated that he has agreed to design this road for the Association at no cost to them, but he does not feel that this should be included as a stipulation as per the site plan. He further noted that construction vehicles will not be passing by the g~ardhouse, but will Gain access to the site through the woods. In answer to Commis~toner Volpe, Mr. Kettell advised that there ts an existing 20' utility easement on the northern property line which is the south easement l~[ne of Imperial Golf Course Boulevard, and that 20' can be dedicated so~e time in the future as a right-of-way. Commissioner Shanahan questioned whether it would be of value to include a st~pulation indicating that this developer ts willing to set aside, if necessary, the additional 20' that he has available? Mr. Kettell replied that if some time in the future the road becomes four- laned, his client has the capability to deed the land for the ease- ment, and provide his fair share of the cost of the improvements of that road. In answer to Assistant County Attorney WeiGel, Mr. Kettell stated that the property will be own.~d by the developer and the easement that is existinG on that land will transfer to him. He stated that Page 21 AUGUST 8, 1989 this is a recorded utility easement with two force mains, and one of the force mains will require relocation if the road is widened. Mr. Baglnskt advised that Staff will add an additional stipulation that will require the reservation of the 20' along the northern boun- dary of this proposed project. There were no other speakers. C~isstoner Shmnmhan loved, seconded and carried 4/0, (Co--isotoner Sanders absent) that the ~bl~c C~os~o~r S~~ ~d, ascended ~ c~rt~ 4/0, (Co~issioner Sanders absent) lesolutt~ ~S-101 ~ adoptS. Pags 22 lt~ #12B AUGUST 8, 1989 BOARD OF COUNTY COJt0~IISSIONKRS TO PARTICIPATE AS NKCKSSARY TO KXPKDITK R~OLUTION OF PETITION THAT HAS BEEN FILED BY THE RESIDENTS OF RATIONAL RKNOURISHMXNT Commissioner Shanahan stated that since the meeting of last week regarding the beach renourishment on Marco Island and the administra- tive hearing, he has received several calls from local residents voicing their concerns about the delay in beach nourishment of 9-12 months. He explained that there has been a great deal of time and money spent to bring the program where it is now, and a number of com- mitments have been made which implied that the hotels would have a new beachfront. He indicated that he is hopeful that Staff and the Advisory Committee can expedite the administrative hearing process so that there will not be a long delay. Mr. Frank Blanchard, Chairman of the Marco Island Beach Renourishment Committee, explained that last week negotiations were taking place for a position on the September 14th Governor's Oabinet Meeting, wherein, it was believed that a permit would be received since all of the stipulations of DER and DNR have been resolved. He noted that last Tuesday, it was learned of the citizen requesting a review. He stated that he has been advised that once the hearing exa- miner is appointed, a 9-12 month process will begin, and he is requesting that the Commission intervene and try to resolve differen- ces in the point of view, prior to the time that a hearlng officer is assigned. He suggested that a conference with the petitioner, DER, DNR and the Advisory Committee may resolve the differences to an alternate that is acceptable by all parties. Tape ~3 Mr. Blanuhard stated that he is recommending that Tallahassee Attorney Deborah Gessdorf, of the Fowler White firm, be engaged to assist the County legal staff. He advised that she is familiar with the Marco pro3ect, her office is in Tallahassee, and she had some of her earlier training as part of the DER legal staff. Commissioner Volpe indicated that the gentleman who filed the Page 23 AUGUST 8, 1989 request for the administrative hearing stated that he is willing to participate in a discussion, and questioned whether Mr. Blanchard's committee has met with him? Mr. Blanchard replied that his group has not met with Mr. Feldmann since last Tuesday, but his group has discussed and agreed to convene a session with DER, the petitioner, and themselves to look at the viable alternates. After a lengthy discussion regarding the services of Attorney Gessdorf, it was the consensus of the Commission that County Legal Staff be designated as counsel in this matter. C~tsaloner Volpe moved, seconded by Contsstoner Shmnahan and carried 4/0, (Co--lseloner Saunders absent) that the Board of C~unt-F Co~miaal~mers participate in whatever level is required in order to obtain an expe4itious resolution of the petition that has been f~led b~ th~ ~.e~idents of Rational Rsnourishment. Xtal e?A1 ~K$OL~TXON 89-202, PETITXON FDPO-89-5, JACK R. BO~K~, RONTO DH"FE~O~ MA~CO, R~QU~$TING A 5.5 FEET REDUCTION FK~ TH~ F~OOD I~ RATE MAP FOR HIDEAWAY BRACH, PHASE III OF ROYAL MA~CO POINT Legal notice having been published in the Naples Daily News on 3uly 23, 1989, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition FDPO-89-5, filed by 3ack R. Bowers, Ronto Developments Marco, representing Royal Marco Developments, requesting a 5.§ foot reduction from the Flood Insurance Rate Map (FIRM) 12.0 feet National Geodetic Vertical Datum (NGVD) requirement to 6.5 feet, NGVD, in accordance with Ordinal.ce No. 87-80, for property described as Government Lot 4 of Section § and part of Government Lots 3 and 4 of Section 5 and part of Government Lots 3 and 4 of Section 6, Township 52 South, Range 26 East, Marco Island, Florida. The petitioner desires to build a pool cabana in Phase 3 of Marco Point Condominium. Planner Saadeh stated that the petitioner is proposing to construct a pool cabana at an elevation of 6.5 feet NGVD instead of 12 feet NGVD as required by the FDPO. He advised that the owner has been Page 24 notified and has acknowledged by letter that the granting of this variance may have a significant effect on the cost of obtaining flood insurance. He indicated that Staff is recommending approval of sub- Ject petition. Mr. Jack Bowers of Ronto Developments explained that the variance as requested for the =abana, is to house the restroom facilities at the poolside. Commissioner Volpe questioned the size of the facility, to which Mr. Dowers replied that the size of the cabana building will be 20~ x 20' Commissioner Volpe questioned what the construction standards are for building in velocity zones? Mr. Bowers stated that the building is engineered to meet all requirements, noting that this is a concrete building which sits on pilings. Commissioner Vo~pe indicate(] that it appears that in order to eli- minate the requirement fo= the 100~ ramp, the petitioner is requesting that the caban~ be built at ground level. Mr. Bowers replied aff~r- mativel¥. Commissioner Hasse questioned whether the building contains a floor drain, to which Mr. Bowert~ affirmed that the facility does have a floor drain. Commissioner Volpe noted that he has concerns in terms of locating this type of facility in a high hazard area. Go~tae~on~r Shanahan moved, seconded by Commissioner GOO~l~g~t ~d c~rl~ 4/0, (Co~eeione= Sanders absent) to close ~he ~b~c hearing. Co~se~oner Sh~ moved, eecond~ ~ Co~aaloner Go~ght ~d c~rl~ 3/1 (Cmleoioner Vo/~ op~eed ~d a~t), to a~r~ ~t~t~on ~PO-89-5, AUGUST 8, 1989 RXC~.ARD E. BRAUN ~[ PROPOSED PROGRA~ I~OR ROAD I[~PROV~i~NT$ l~ T~E GOLD~ GAT~ ESTAT~!~ SUBDIVISION - NO ACTION Mr. Richard Braun, Director, Golden Gate Area Taxpayers Association, stated that he has submitted documents relating to this item from State, Federal and local public record. Mr. Duane Billington of the Golden Gate Area Taxpayers Association referred to a displayed chart which proposes to combine road trust funds monies which have been slated for the paving of the roads in Golden Gate with the canal fund ~onies, and $257,576 which the County has received from the sale of spoil bank revenue. He advised that if those funds are combined, the total amount will be over $1.7 million. He indicated that he is asking the Gommission to consid(~r paving 38 miles of roadway at an estimated paving cost of $707,294, leaving the fund balance at $1,044,382. He noted that the base prep~.~ation would have to be done by County forces, or the above revenues would need to be augmented by additional dollars, and the base preparation contracted out. Mr. Btlltngton advised that at the present time, there are 5 miles of roads with 4 homes per mile density; 12 miles of roads with 3 homes per mile density; :[3 miles of roads with 2 homes per mile density; and 11 miles with 1 ho~e per mile density. He explained that if the rate of growth continue~ at 15%, it will be two years before any additional paving would be performed, 4 years before the next paving would nee~ to be performed, and 6 years from now 13 miles would need to be paved. He indicated that If the 38 miles were to be paved right now, and it will take two more years before additional paving would be required, the fund balance w.[ll grow to over $1,250,000. Transportation Services Administrator Archibald stated that the purpose of the road trust fund is to act as a "sinking fund" with the idea of using the interest to make improvements. He indicated that he does not believe that the Commission has made the decision to use the Page 26 AUGUST 8, 1989 principal, although that is an option to be considered. Commissioner Volpe stated that he recalls from prior discussions that there is a difference of opinions regarding the spoil bank reve- nue. Mr. Archibald replied that that there are currently no dollars in any fund that r~present those dollars that may have been collected years ago, adding ~hat there is no dollar amount which reflects what the County has spet~t. He indicated that the position that he has taken on this issue is that in looking at some of the costs and some of the revenues over a ten year period, it appears that the costs incurred by the County exceeded the revenues received from the deve- loper. He advised that the amou,%t that the County came up with was $100,000, and during that same time frame County inspectors were per- forming certain functions to keep track of what the developer and contractors were doing, and the County's General Fund ended up sub- sidzing the costs for the inspection and monitoring services which ranged in the amount of $8,O00-$10,000 per year, and over a ten year period, that amount was comparable to what the County received. Mr. Btlltngton stated that there is an agreement entered into bet- ween Cull America $~nd Collier County on June 6, 19[?. He cited some points in the agree~ment beginning with "Now, Therefore, the Parties Agree as follows: all roads and streets shown on the plans of Golden Gate Estates to be paved by Gulf s~,ouAd be constructed but not paved until the expiration of two years so that upon acceptance by County for maintenance the paving will be new." He pointed out that this proves that Gulf was responsible for paving of the roads. He noted that Item 2 citing: "Nothing herein contained herein contained shall alter in any way any other agreement between the parties, including security contracts, except as specifically mentioned herein, and Gulf shall not be considered in default under any security agreement for not having paved said roads and streets until the expiration of two year term". He indicated that securities and performance bonds posted would guarantee paving of these roads in the estates. Page 27 Mr. Bllltngton reported that on October 4, 1977 Collier County entered into another agreement and the roads had still not been paved. He indicated that in the October 4 agreement, funds were provided to handle the paving. He pointed out that County Minute Book 39, Page 33, although difficult to read, says: "The funds were being conveyed to the County for capital Improvements and maintenance of roads and/or canals in the Golden Gates Estates subdivision." He quoted Board minutes dated August 1, 1978 whereby Fiscal Officer Hall asked speci- fically if funds received for roads could be used for canals and the funds received for canals could be used for roads, and received an affirmative answer from the Commission and the County Attorney. He pointed out that the funds were originally Interchangeable and when the monies were originally conveyed they were put in one trust fund, not segregated until a later date by an act of the Board of County Commissioners. He noted that the agreement whereby the ~unds were conveyed was entered into by the County and court appoint~0d receivers of GAC Corporation, and the FTC is sensitive about how the funds are utilized. He emphasized that they must be used tn Golden Gate Estates and nowhere else. He indicated that the County loaned South Florida Water Management wheat harvesters to use tn Lake Okeechobee and the FTC reported to Collier County that was a violation of the use. Mr. Billington stated that the funds were divided into 3 sections, a dollar amount for the paving, initial maintenance and canal main- tenance. He noted that the initial maintenance is usually a one year porlod and that period expired in 1975. He suggested that the funds should be used for the paving, and maintenance money should not be charged against it. He pointed out that the County has been obligated to maintain these roads since 1977, and if they have deteriorated so that they cannot be paved, {he Board of County Commissioners may make a policy decision favorable to the people in the area who have pa~d taxes for 22 years on those properties, with minimal demand on County services. He pointed out that the major portion of growth there has been in the last 5 years. Page 28 In response to Commissioner Hasse, Transportation Services Administrator Archibald replied that the funds are shown in the budget preparation used in Maintenance District 3 for the limerock roads in the estates. He noted that north of the alley, there are 185 miles of limerock roads, and the County is maintaining 95 mi/es. He reported that the maintenance costs are under $300,000 for 90 miles of limerock roads on an annual basis. A discussion followed about cost per mile to maintain paved and unpaved roads. Mr. Archibald indicated that paving substantial miles of roads would reduce maintenance, keeping in mind that growth effects the number of miles to be maintained. He reported that after improving roadways, ten homes are built within a year, but for the next few years no homes are built because the price of the property goes up when roads are paved. He stated that from east of C.R. 9§1, there are fewer paved roads. A lengthy discussion followed about the cost of pavin~' the roads. Mr. Billlngton displayed a diagram showing graphs in relation to paving costs tn the past and future. Commissioner Hasse noted that Staff will meet with various people to determine the monies available. In response to Commissioner Volpe, Mr. Archibald replied that interest rates were higher on the $1,000,000 principal and as the interest rates drop the amount of money available for paving roads lessens. Mr. Archibald pointed out that in the last 2 or 3 years the County fell behind and needs to improve more roads In the Golden Gate Estates and if these roads are not improved the maintenance will increase. He reported that two sources of revenue are being con- sidered: l) earned interest and 2) possible taxing district. A discussion fo/lowed about the amount of money in the spoil bank account. In response to Commissioner Volpe, Mr. Archibald reported that no principal has been used from the trust fund. Commiss~oner Hasse indicated that the taxpayers will have to make the decision to use the principal to pave roads and understand that the interest will be reduced. In response to Commissioner Shanahan, Mr. Archibald Page 29 AUGUST 8, 1989 responded that during the early years of this program, building ltmerock roads and using Road and Bridge employees to maintain them was not Included tn the invoicing and the County absorbed some of the operating cost. He emphasized that due to the fact tha= limerock and aggregate used in asphalt comes from Collier County, the price is stable for the material. Commissioner Shanahan reported that this issue should be resolved and Commissioner Volpe concurred, but pointed out different commit- ments for funding may be necessary. Mr. Bllltngton r~ad board minutes from July 11, 1978 wherein Commissioner Wenzel stressed that the Board should adopt a policy that future road work done in Golden Gate be based on the assessment method and Commissioner Wtmer commented that this could not be done as the County has accepted these roads for maintenance and ownership. He noted that after the Resolution was passed, Commissioner ~tmer dissented and stated that the agreement will come back to l~aunt the Board of County Commissioners and the taxpayers in the future. He reported that the Board of County Commissioners could make a policy decision to augment the funds available and do something substantial at this time to ensure future cost saving and a positive impact on the community. Commissioner Volpe complimented Mr. Bill~ngton on his presen- tation. He questioned Assistant County Attorney Weigel if imple- menting a special taxing district Is legal tn Golden Gate Estates? Attorney Wetgel Indicated he would provide a review and report back to the Board of County Commissioners. In response to Commissioner Volpe, County Manager Dorrlll stated he was under the Impression budgeting for 89/90 was covered three weeks ago with the program the Board of County Commissioners accepted and Staff would elaborate on the budget details at the budget workshop. He pointed out that spending the principal to expand on 'the paving seemed to be an indication of the Board of County Commissioners and also Staff is to seek other ways to reimburse that fund. He Page 30 AUGUST 8, 1989 explained that s.~ekfng other revenues from trust funds available relative to canals and drainage needs can also be discussed. Commissioner Hawse emphasized that the County Attorney and Staff should meet to d~.scuss these issues. Commissioner Volpe suggested that the report provided by the Taxpayer's Association can be analyzed by Staff. It was the consensus of the Board of County Commissioners that the Staff and County Attorney meet to discuss the issues and the Tax- payer's AssociatiDn report be analyzed by Staff. Mr. Richard B?aun stated that he would like to discuss the feelings of the G,)lden Gate and Golden Gate Estates people. Commissioner Hass~? stated that full cooperation between the parties has been provided today and his views can be given at a meeting with Staff. Item ~9A! CLARIFICATION CONCERNING LAND PROPOSED FOR 162 HOTEL UNITS LOCATED AT THE NORTHWEST CORNER OF VANDERBILT DRIVE AND VANDERBILT BEACH ROAD - 100 FOOT HEIGHT MAXIMUM, CONDO/HOTEL APPROACH, ACCESSORY USES - PRELIMINARY SITE DEVELOPMENT PLAN MUST BE SUBMITTED PRIOR TO NOVEMBER~, l g8%~R LOSE VESTED RIGHTS - APPROVED Planner Scl~eff ~tdt~d ti,at Staff requests clarification for land proposed for 162 units, formerly known as Connors Vanderbilt Beach Project or the WtnJward Cove located on the northwest corner of Vanderbilt Drive and Vanderbilt Beach Road. He passed out location maps of the site (:oples not provided to Clerk to the Board). He indicated that on November 3, 1987 the Board of County Commls%ioners rec¢~nized the ves~ed hotel use of this project subject to spec~flc conditions as noted ]n the Staff report. He reported that in 1988 the Board of County Commissioners approved a one year extension for the project based on 1')81 buildinG permits for 10 stories and the present C-3 zoning for thi:~ district allows a maximum of 50 feet with provi- sional use criteri~ allowing up to 100 feet. He explained that currently more than one party has expressed an interest in this pro-- perry; the Sheraton Suite Resort includes a ballroom, boardroom and entertainment room in addition to the components listed on the chart Page AUGUST 8, 1989 on Page 3 of staff's report and Orchid Island of Naples, a retirement hotel including special care units, beauty/barber shop, convenience store, arts and crafts room and library. He noted that three issues need to be addressed: 1) height - the original permits wei?e approved for 10 stories in 198! and a review of the minutes of the 1787/88 board meetings address the 10 story issue but the issue of vesting has to be clarified; 2) accessory uses to a hotel - the previous plans submitted in 1981 contain approved building permits for a specific hotel, but the 2 proposed projects are new with additional accessory uses and 3) application for a building permit - Items "d" and "e" on Page 2 of the staff report show that the owner is required to prepare and complete conf{l z-~]ct ~o~ i~]ans and ap[,]y for a new building permit within one year of November 3, 1987 and in 1988 a one year extension was granted. He noted that in March of 1989 a new site development plan review process requiring more time was adopted. Commissioner Coodnight noted that Orchid Island of Naples ~s far superior to the Sheraton Suite Resort, but the Board of County Commissioners went on record in support of vested use, and she feels that the Sheraton Suite Resort should be allowed to pull their building permit or be given a waiver to pull the building permit at a later date. Ir] response to Commissioner Volpe, Commissioner Goodnlght pointed that unless the building permit is obtained by November i, 1989 the owner's right to such vested use shall ~xpire. Planning Service~ M;~uGer Baginskl stated that the language "shall apply for a building permit" is ambiguous and should be clarified by a two step procedure. He explained that under the new procedure the applicant must get staff approval for preliminary and constructic~% drawings before he applies for his building permit. He suggested the applicant submit appropriate preliminary documents showing good fa/th before applying for the building permit. In response to Commissioner Volpe, Mr. Baginskl replied that the uses proposed are condo/hotel, such as The Registry, where rooms are AUGUST 8, ]989 purchased fee simpl~ at~d used fo~' rental purposes and the concept pro- posed by t~.lc applicant ix similar. Mr. Peter 3. Takos stated that Anthony Musca ls the owner of the property and has entered tn 'o an agreement to sell the property to Orchid Island of Naples, Ray Smith of Bentley Village and Michael P. 3ones of 3ones and Francoeur. He pointed out that the permits are valid for a ten-story structure with a restaurant on the top floor and certain common areas for the hotel and its guests. He explained that every set of plans addressed height of 100 feet and the concept condo..']~otel was instrumental in the financing and marketing of the property. He indicated that at one time the developer was going to build 140,000 square feet of retail and office space with eight restaurants and parking for 1,016 cars. He stated that in 1985 Collier County was floatin§ the bond Issue to serve the Vanderbilt Beach and North Naples area and was not in a position to return the $4OO,000 impact f~es. He reported that a compromise was reached and the ow.,er agreed to drop 79 units on the front parcel and build 162 units. He emphasized that today the ~ses are no mo~e intense than originally permitted. He assured the Board of County Commissioners that Mr. Musca will not ask for an extension beyond November 3, 1989 for his building permit and explained that the facilities in Orchid Island are for owners and will not be available to the public. He pointed out that all amenitles are on the 10th floor and the con- venlence store, b(.auty/barber shop etc. are all designed for the elderly. He explained that the this will be a self contained environ- ment for the elde~'ly and will fill a need, not create a demand. Commissioner Volpe questioned if either proposal would require entire acre size? Mt'. Takos replied that Parcels 1, 2, 3 and 4 are being; purchased f¥om Mr. Musca totalling 5 acres. Commissioner Volpe questioned the reason for difference ]n the number of square feet? Mr. Scheff responded that irt 1981 the number of square feet was measured by ruler and graph while the new proposals are based on what the developer is ~,lanntng to do. Page 33 AUGUST 8, 1989 Commissioner Volpe questioned ten stories accommodating 22~.000 square feet? Mr. Takos replied that the plan proposed is U-shaped with 162 units and the first 2 levels will be covered parking. In response to Commis~ioner Volpe, Mr. Takos replied that the building height will be 100 feet. Commissioner Shanahan questioned if the accessory needs would apply to either the Sheraton or the Orchid Island proposals for building height, condo/hotel concept, accessory uses and obtaining the building permit by November 3, 1989, and is that what the Board of County Commissioners is approving? Mr. Baginski replied "Yes, sir", and stated that the proposals meet the criteria discussed. He empha- sized that the 162 units pertain to the entire parcel. Mr. Takos indicated that Mr. Musca is aware of that. A discussion followed about the 2.9 acres that are not develo- pable. County Attorney Cuyler explained that the property owners can place their density where they choose to and leave the remaining acres vacant. Co-~tssioner Shanahan moved, seconded by Co,missioner ~oodntght and carried 4/0, that the maximum number of ~tts for this proJec~ ts 162, the ~1~ building height ts 100 feet, the facility tm to ~ condo/hotel t~ with ~ccessory uses so descried tn the Stsff re~rt, ~d that the preltstnaU site developsent pl~ must ~ nbmtttsd ~ N~r 3, 1989, or they will lose their vested rightm. (Coalmmtonmr S~i~rm ~bselit). Item~l BID ~8g-li~l TO ~I~ER RO~S INC. IN THE ~0~ O~ ~32,120,~0 ~R ~LIC ~ID~/BI~AY I~RO~S ~TINO TO ~ ~0~ ~TE T~CE ELegY SCHOOL - AWNED Legal notice having been published in the Naples Daily News on July 19, 1989 as evidenced by Affidavit of Publication flied with the Clerk, bids were received until 2:30 P.M., Wednesday, August 2, 1989, to consider Bid #89-1452 for sidewalk improvements. Transportation Services Administrator Archibald reported that this is a recommendation to award a construction contract for the bikeway/sidewalk in Golden Gate City concurrent with development of Page 34 AUGUST 8, 1989 the site by the School Board for the new elementary school called Golden Gate Terrace. He explained that the new school's children will cross Golden Gate Parkway to 44th Street. He described the 4,700 feet of bikeway 5 feet in width located 3 f(~et from the paved roadway itself, down the west side of 44th Street to 44th Terrace to the new school and another segment from the Golden Gate Parkway south and another segment from 32nd Street. He stated that the bikeway should be completed as soon as possible in order to be ready for the start of the school year. He indicated that Staff put out a bid package, plans and specifications, and of the 3 bid proposals, the low bid was sub- mitted by Better Roads, Inc. tn the amount of $32,220.50 which is within 2 percent of Staff estimates. He explained that in order to Get the bikeway underway and substantially completed by August 21, openinG day of school, Staff is requestinG the Board o~ County Commissioners for authorization to proceed with a construction contract and Give a Not]ce to Proceed to the contractor before the signed documents are received. He noted that Staff expressed concern about insurance certificates. A discussion followed about liquidated damages provisions and insurance certificates. Assistant County Attorney WeiGel recommended the Notice to Proceed not be approved prior to execution of the documents and all the liabi- lity requirements of the contractor are in hand. A discussion followed[ about the time factor and the document requirements. Transportation Services Administrator Archibald suggested if the County receives the insurance certificate then the Notice to Proceed be issued. Commissioner Hasse and Commissioner Shanahan expressed concern about the delay and school opening. Mr. Archibald recommended approval of the contract and Notice to Proceed be coordinated with the execution of all documents. Cm~alesioner Shanahan moved, seconded by Co~tssion~r Goodn~ght and c~,~ed 4/0, (Co~se~oner Saunders absent) that B~d #89-1452 b~ awarded to B~tter Roads, Inc. In ~he ~ of $32,220.50 for s~lk/b~y ~r~n~s ~d ~he No~ce ~o Proc~ ~ c~d~t~ w~th ~ ~~on of ~11 .ne do~nts. A~GUST 8, 2gsg °eSe°Recess 2:30 P.M. Reconvuned 2:40 P.M.ee$oe D~mty Clerk Hoffmen replaced Deputy Clqrk Kraft at thtt~ time. Ita ~F1 REVIKM THII IMPACT OF THII CLOSURK OF COLLIKR HEALTH SKRVICKS8 II~OKALKK CLINIC - STAFI~ TO SREK ASSISTA~CK/GUIDANCK FRON NAPLES CO~INITY HOSPITIZL & COLLIER COUIT.[~f N~DICAL SOCIETY ,.qlqD R~PORT BAC~ TO BCC Emergency Services Director Barton reported that Collier Health Services advised Staff l:hat their Emergency Service Clinic will be closing this Saturday. He Indicated that Staff has prepared a report to the County Manager which reviews the history, considerations, and Staff recommendations pertinent to the short and long term solutions for the provisions of urgent non-emergency and emergency care. He noted that the real impact is that the County's EMS Department expects to see 25 to 30 additional patients In Inmokalee that the clinic will not serve, and It will have to be decided as to whether these people need emergency paramedic: ambulance treatment or If another route of transportation should be taken. He advised that there is no public transportation between lmmokalee and the hospitals. He stated that he is requesting direction from the Commission, as to how the EMS Staff should react next Mondalf when they begin to see these patients. Dr. Larry Foreman, Assistant Medical Director, Collier Health Services, stated that the emergency oltnlc sees between 25 and 30 per- sons each day. He noted that the impact of the closing clinic will be greater durinG tile next few months as the migrant population increases in the Immokalee area. Commissioner Shanahan questioned the amount of the annual cost to keep the facility in operation? Mr. Barton stated that tn order to keep the emergency services operating in Immokalee, the annual costs for transportation, a paramedic, and a physician's assistant will be $115,000. Co'nmt,~stoner Hasse questioned whether the services that are pro- vided ir Immokalee are funded through the County? Commissioner Goodntght advised that the emergency services are funded through the Federal Government, but there is a lease with Collier Health Services Page 36 AUGUST 8, 1989 for the building that ts owned and maintained by the County. Mr. Barton requested direction as to whether he should proceed to present to the Commission a formal plan which would provide transpor- tation, a paramedic and a physician's assistant to accommodate the needs of these patients, or should another alternative be sought? He advised that he does not believe that It is appropriate to locate and operate out of the back of an ambulance in Immokalee to provide ser- vice to these patients. Commissioner Shanahan questioned whether the County should be con- sidering an interim program to alleviate this situation until the Collier County Medical Society and Naples Community Hospital provide a Master Plan which will address this problem7 Mr. Barton indicated that he has met with Mr. Crohn from Naples Community Hospital and representatives from the Medical Society, and they are interested in consulting with the Commission on an informal basis on a long-term solution two years down the road. H~ noted that his only intent ts to attempt to sort through these patients in a trailer behind the clinic, for two years, while that occurs. Commissioner Goodntght stated that a couple of years ago a PUD in Immokalee came before the Board for a planned emergency room and a 50 bed hospital, similar to the facility in North Naples, and this ts the Intent of Naples Community Hospita2, ~ut this is two years down the road. She noted that if the decision of the Commission is to approve an interim program in the Immokalee area, she suggests that this be done on a trial basis, and that an evaluation be done at the end of ninety days to see if the County's dollars are being spent the way they should be. County Manager Dorrtll advised that the primary purpose of this Item is to disclose to the Commission the closing of the facility, noting "hat he is not in favor of the County going Into the emergency room business or hiring additional staff, and the additional exposure regarding insurance, etc. by treating people tn an emergency room type situation. He indicated that long term, he believes that assistance Page 37 AUGUST 8, 1989 or suggestions should be sought from Naples Community Hospital ·nd the Collier County Medical Society, and there should be a subsequent meeting with them to ascertain what guidance or assistance they can provide for the immediate problem. He noted that for the time being, he believes that the existing level of service in Immokalee should be maintained, and supported on an emergency basis through overtime and additional units, but he also feels that protocol should be looked at as far as what circumstances should be c~nsidered for transporting people to Naples. He explained that other than an expression of con- cern and a request for assistance and suggestions from Naples Community Hospital and the Collier County Medical Society, he needs no other direction from the Commission other than an acknowledgment of same, and the fact that the problems will be monitored and reported back if Staff is to be overburdened. Commissioner Volpe stated that he has concerns regarding the abruptness of the decision to close the clinic, and questioned whether there ts an opportunity to phase out the operation, rather than simply closing the facility on August 12, 19897 Dr. Foreman replied that the closing of the clinic was first publicized in May, and this item was to be heard at the July 25, 1989 meeting, but was postponed until today. Ne noted that the clinic is responsible for school physicals for the children in Immokalee, and they also have an obligation for pre-natal care. He stated that the federal program which was designated to fund doctors through medical school, and they in turn fulfilled an obligation in a manpower shortage area, has been discon- tinued, and as of last year, Collier Health Services was no longer to receiv~ those participants. C~al~ioner Shanahan moved, seconded by Co~misslon~r Goodntght and caxrl,~d 4/0 (Coanissioner S·unders ·bsent) th·t Staff seek usi·t~n~,/guld&ncs from Naples Co~unl~¥ Hospital ~nd th~ Collier County l~dtc·l Society ~nd provide · report to the Board regarding the l~p~ct on pre-hospital care sy~te~ by ~. AUGUST 8, 1989 FRE~'f&TION OF THE RESULTS OF THE ~ROU~D MATER NODKLIN~ STU.rYI' ~~ ~ ~/~ROSO~ - ~CC~D Environmental Services Admin~str~tor Lorenz stated that the pur- pose of this item is to present the Commission with the results of the 3-dimens~onal Ground Water Modeling Study. He noted that this study will be very useful as planning and regulatory tools for the ground water protection programs. He advised that the contract with Hunter/HydroSoft requires that they develop the actual ground water model for the County's use, traln Staff in the use of the model, and prepare a final report. He introduced Dr. Voorhees and Mr. Mades cf Hunter/HydroSoft, Inc. Dr. Michael Voorhees o~ Hunter/HydroSoft, Inc., stated that he and Mr. Mades will be presenting a slide presentation of the ground water modeling study for wellhead protection. He noted that part of this presentation has been recently presented to the Federal EPA Region IV, as per their request. Mr. Dean Mades, Senior Hydrologist with Hunter/HydroSoft, Inc., explained that the ~ellhead protection area refers to the surface and subsurface areas surrounding a well through which contaminants are l]kely to move toward and reach such a well. He ~nd~cated that the protection area represents a three-dimensional region because water moves both laterally and vertically. He referred to a slide which lllustrated three geologic units: the water table a~ifer is the upper most unit, the lower unit represents a primary production zone, and the third unit which separates the water table from the lower zone ts a confining unit. He advised that wellhead protection was recently addressed at the Federal level through amendments ~o the Safe Drinking Water ~ct, and states were provided with guidance and expected to develop wellhead protected programs. He explained that the only penalty for those states elect~ng not to establish such programs was the loss of EPA grant funds. Mr. Mades stated that the models are computer programs which have Page 39 AUGUST 8, 1989 the physics of ground water flow and transport represented by mathema- tical expressions. He noted that the objectives of the Collier County study was to describe the capture zones of selected public wellfields, and the approach that was used is consistent with USEPA guidance docu- ments. He explained that the criteria selected for determining wellhead protection areas was travel time, and the methods which were selected to be used were numerical models. He advised that these models are used by Water Management Districts in Florida, and a number of universities, the research lab for USEPA. and a number of con- sultants. Mr. Mades called attention to a slide depicting the Zone of Influence in which ground water is diverted towards the well. He noted that the important factor is that the capture zone is different, and changes the ground water level. He advised that much of what was done would not have been possible, without the data base of Collier County. He noted that there are 126 wells for which there were aquifur properties describing the ability of water to flow through these wells; 126 gauging stations provided historic information regarding water levels and averaged same for a three year period, and then the model reproduced those measured water levels. He explained that there were shortcomings in data: i.e., the quantity of water pumped for agricultural purposes. He indicated that this was esti- mated through the modeling exercise, by asking how much water would have to be pumped out of a particular geologic unit to cause the water levels to drop down to the level that was observed during monitoring? Dr. Voorhees reported that the model area included al3. of Collier County, the western portion of Hendry County, and the southern portion of Lee County. He noted that the model which was used was developed by Hydrosoft, it is a three-dimensional model, it is has interactive contour graphics, and it has access to another computer model which allows the capture zones to be determined. He indicated that the basis of of the study is to answer the question, where is all the water coming from? He explained that portions of the 2,200 square Page 40 AUGUST 8, 1989 mile model was broken out, to model each of the major wellflelds, i.e. Coastal Ridge, East Golden Gate, and Collier County, and at that point, transport simulation was done to see where the water is coming from in given periods of time. Dr. Voorhees stated that as far as the geologic structure in Collier County, the major aquifer units include a water table aqn/lfer which is underlined by a confining unit which is underlined by the major producing unit in the County which is the Lower Tamiami Aquifer. He added that in the northern portions of the study area, there is a Sand Stone Aquifer which exists. He referred to a map which shows the results of the model, for the Lower Tamiami Aquifer, and noted that the flow is from north, northeast to southwest, to the Gulf of Mexico. He noted that simulated water supply demand for 2005 will be increased, and the calibrated model can predict what the water levels might be. Dr. Voorhees referred to a slide of the East Golden Gate Wellfield Mode.[ Grid, noting that optimization codes are used to best match the location of the wells with the grid points. Tape ~5 Dr. Voorhees explained that the Capture Zone for Coastal Ridge has a hydraulic barrier at the western portion between the wellfteld and the Gulf of Mexico, otherwise there would be massive salt water intru- sion, and there is significant movement to the east for the 20 year travel time, noting that the pumps represent areas to the east where there is a large amount of pumpage. Dr. Voorhees stated that there were ten wellfields in the study, ranging from Immokalee, North Naples, Pelican Bay, Goastal Ridge, Avatar, Collier County, East Golden Gate, Port of the Islands, and Everglades City. He advised that the major emphasis that was included in the study was technology transfer to ensure that there is com- patibiliy with the hardware and software. Mr. Lorenz advised, in answer to Commissioner Volpe, that a wellfield is made up of several well heads, and the modeling that has Page 41 AUGUST 8, 1989 been done by HydroSoft can determine whether retaliating of a total wellfield is being done. He noted that because the wellfte]d protec- tion zones are so dependent upon the actual alignment of the wellfields and the local hydrogeologic site characteristics, an assumption was made in the modeling to use the South Florida Water Managements District's consumptive use permit, and the model zones are based upon that pumpage. Mr. Lorenz explained that the information from this study will provide the technical component for the development of the Ground Water Protection Ordinance. He advised that Staff will be developing workshops relating to the Wellfield Protection Ordinance, and further information will then be distributed. and carried 4/0 (Comisaioner Saundera absent) to accept the 8rcn~x~d Water ~ellng Study prepared by Hunter/Hydroaoft. SOLID ~ W~T~R PLA~NIN~ XFFORT TO BX COnTINUeD BY ST~ ~ I~ Assistant County Manager McLemore provided the Con,,ission with a copy of the Solid Waste Management Report. He explained that in January, 1989, the Solid Waste Study Task Force was created, and sub- sequent to that, Camp, Dresser & McKee was contracted as the County's So/id Waste Consultant. He indicated that August 22, 1989, at 2:00 P.M. has been set for a public hearing at which time a detailed pre- sentation will be provided. He stated that Staff is recommending that the Commission accept the project schedule, as outlined in the Executive Summary to complete the process, and also that the services of the Advisory Committee be continued through the full period of the project. Environmental Services Administrator Lorenz stated that the bottom l~ne of the consultant's report is the recommendation of the landfill- ba~ed integrated management disposal system, and the continued reliance upon tbs existing sanitary landfill which is the basis for Page 42 AUGUST 8, 1989 the disposal system. He Indicated that the consultant has re, commended a landfill-based Integrated management d~sposal system consisting of: Front-end Recycling Program Class III Landfill for ~nert materials Composting of Yard Trash and land clearing debris Tire shredding operation Continuing with the Landiftll option Acqulsition of adjacent 300 acres Mr. Lorenz Informed that by accepting the consultant's recommen- dations, a Resource Recovery or Waste Energy facility would not be used, and therefore, the companion recommendation is not to proceed with the bond issue. He ind~cated that additional tasks are noted ~n the schedule as contained in the Executive Summary. Mr. Lorenz advised that the sludge disposal task is nearly completed, noting that there is a preliminary report which is in the process of being revised. He added that another very important aspect of the Master Plan is the Collection S~stem Analysis (Task 15), and Staff will be coming to the Commission In early October for direction to proceed with a Mandatory Collection ordinance. He explained that if Staff re=,-lves the direction to proceed, the ordinance will be advertised for a public hearing, and the Consultant w%ll then prepare a collection contract and bid documents will be advertised for open bids by the middle of February, 1990 to select a firm to take care of collections. He noted that in addition to this schedule, an implemen- tation work plan wtll be developed, and presented to the Commission. Commissioner Shanahan ~oved, seconded by Com-isstoner Goodntght and cmrried 4/0 (Commissioner Saunders absent) that Staff be d~rected to continue with the Master Planning effort and the activities of the Sol~d N~te Ad~o~-f Committee, as outlined in the Kxecutiv~ ~. JOI~T ~EETI~ B~ THH LHH COUNTY O09~IS$ION AND TH~ OOLLIER OOUNT~ O0~I~IO~ TO ~ HELD ON O~"~OBER ~2, ~98g, AT %0:00 A.M. AT THE BO~IT& Cceem/sstoner Shanahan aoved, seconded by Commissioner Volpe and carried 4/0 (Corm~ssioner Saund~rs absent), that October l~, iQ~9, at 10:00 &.#. be ~t&blished as the d~te and tie to hold the Joint &U~lTST 8, 1989 m~tl~g b~t~n the Lee County CoBSleSiOn md the Collier ~ssi~, to ~ held at the ~ntta 5prin~ ~o~tW ~enter. Ite~ ~llA2 B~ ~ 89-259/260 - ~D C~t~t~er ~tght ~, seconded ~ Co~tssloner Vol~ cvrt~ 4/0 IC~lsstone]' Sanders absent), that ~d~t 1989; ~SSlO~ VO~[ ~0 S~ ~ ~A~ - ~ Administrative Assistant to the Board Israelson stated that this Item is a request to appoint three members of the Board of County Commissioners to serve on the Property Appraisal Adjustment Board, and also that she be authorized to contact the School Board to request the names of their representatives for the tentative hearing dates of October 2, 4, and 6, 1989. Co~mtlltoner Shmnahan ~d, seconded ~ Co~tlmtoner ~tght ~ curt~ 4/0 (Contsstoner Sanders absent), that S~, Hu~, ~d G~dntGht ~ a~lnt~ to mm~ on thru ~r~ A~rat~l UJutent ~ar~ on OctoNr 2, 4, ud 6, 1~99, C~l~i~r Vol~ to mm~ u ~ mltm~tm; A~inimtrmti~ to t~ hrd ler~lmon ~uthor2z~ to c~tmct Sch~l ~ud to t~ i of t~ir repree~ti~. ~ ~1~ 4/0 (C~lssloner Sanders ahent, tht th foll~i~ Its ~r the Comnt A~n~ ~ a~r~d ~d/or adoptS: Ito ~1~1 ~OL~X~M 89-203 ~Ili P~LIMIM~Y ACCK~CK Ol RO~Y ~ ~ ~ FX~ P~T ~~ Or G~X~ ~ AT ~I~ ~Y - ~ ~I~TIO~ Accept the Maintenance Bond as security for maintenance of the infrastructure until the Board of County Commissioners grants final acceptance of all improvemellts. Authorize the Chairman to execute the Maintenance Agreement for Preliminary Acceptance and Resolution authorizing preliminary acceptance· See Pages Page 44 AUGUST 8, 1989 Itu R~OLtFE1011 59-204 l~t&l~M~, N&Y~R AID SEWER INFltO~ FOR r.am pwa~E I - WIT~ STIPULATIONS Accept the Maintenance/Contract Bond as security for main- tenance of the infrastructure until the Board of County Commissioners grants final acceptance of all improvements. 2 o Authorize the Chairman to execute the Maintenance Agreement for Preliminary Acceptance and Resolution authorizing preliminary acceptance. Preliminary acceptance of improvements will not become effec- tive until water and sewer facilities have been conveyed to Collier County Water-Sewer District. See Pages Itu ,14&3 ACCEF~ANCI OF SECURITY FOR EXCAVATIOH I~NIT NO. 59.364 DEAUVILL~ CLUB lOCATED IN SKCTION 17, TOMI~HIP §0 SOUTH, RANGE 26 EAST Cash bond $21,000 - Receipt #17029 RESOLUT!Og e9-205 FINAL PLAT OF GRAS51q~ II AT WY]~DKMXR~ AID PRKLIMIIIAJ~Y ACCKPTANCK OF ROADWAY, DRAINAGE, WATKR AND bKWKR - WITH STIPULATIONS Accept the irrevocable Letter of Credit as security for main- tenance of the ~nfrastructure until the Board of County Commissioners grants final acceptance of all improvements. 2 o Authorize the recording of the final plat of Gras~mere II at Wyndemere. Authorize the Chairman to execute the Maintenance Agreement for Preliminary Acceptance and Resolution authorizing preliminary acceptance. Preliminary acceptance of the improvements will not become effective until water and sewer facilities have been conveyed to Collier County Water-Sewer District. Itu ,1411 BUDGrr INEIIBq31T IN ~ M~OUN~ OF 814,800.00 FOR GROUIFDS M&IIFTKILUICK COlrTR&CTWITH R & B LaJ~ SKRVIC~ OF M&]tCO ISLAND -Itu ,14K2 COUNTTAS$1T d~525 A ][KROX 4000 COPIER TO BK TAK~ TO LAIID~IT~ JL~D DISlikED O~ AS SCRAP NAYERIAL Itu ,14G1 BUIXIKT KMKIFDMKIT IN TH~ AMOUIIT OF $2,988.00 RKCOGNIZII~3 ~ OY FUI~DS TO ~3LID MASTK KHT~qPRISK FUND FOR FEES MAIVKD DURII~3 LITTER Pm~o 45 1986 No. 246 Dated 6/30/89 1988 TANGIBLE PERSONAL PROPERTY ~:~. 1988-125/128 Dmt~d T/26-28/89 1989 · o. 23T Dat~ ?/19/89 It~ #14! N/$ ~C"~r;T-"~ml~)~ CORP_~$PORD[]ICE - FILED AND/OR R~J~EP..R~D The following miscellaneous correspondence was filed and/or referred to the various departments as indicated below: Memorandum dated 7/26/89 from Lewis M. Dennard, Acting State Retirement Director to the Department of Administration RE participation In the Optional Retirement Program for dually employed IFAS employees (employed by the University of Florida and a County Government). xc: Leo Ochs; Tom Whttecotton, 3elf Walker, and filed. Filed. Letter dated 7/26/89 from Charles L. Lester, Auditor General, enclosing a copy of Report No. 11279, the District School Board for fiscal year ended 3une 20, 1988. Filed. Letter dated 6/23/89 from Paul R. Bradshaw, Director, Division of Resource Planning and Management, Department of Community Affairs, advising of growth management Inter- national conference to be held in Orlando this year. xc: Stan Lttsinger and filed. Letter dated 7/25/89 from Charles E. Woods, President, De]tona Utility Consultants, Inc. attaching notification letter beinG mailed to all utility customers informing that Southern States Utilities of ApoLka, FL and the utility holding of Miami-based Deltona Corporation have been affi- liated, xc: BCC; Nell Dorrlll, Mike Arnold and filed. Copy of letter dated 7/24/89 to Haas Construction Company, Inc. from Dick's Drywall, Inc. requesting copy of payment and/or performance bond for the improvement to Collier County Mosquito Control. xc: Mosquito Control District and filed. Notice of Public Meeting of the Land Acquisition Advisory Council In Tallahassee on August 4, 1989 (CARL) from DNR. Nell Dorrtll and filed. XC: Letter dated 7/24/89 from Percy W. Malllson, Jr., Director, Division of State Lands, DNR, ~ acqutsiilon of CARL Projects through off-site mitigation. .'cc: BCC; Neil Dorrlll; Kevtn O'Donnell, Bill Lorenz and filed. Memorandum dated 6/23/89 to Michael K. Arnold, Utilities Administrator, from Ronald F. Cook, CPA, Finance, attaching Marco [{ater and Sewer District Interim Financial Statement for the period ended May 31, 1989. xc: BCC, Lori Zalka and filed. Page 46 10. 11. 12. 13. 14. 15. 16. 17. 18. AUGUST 8, 1989 Memorandum dated 6/19/89 to Leo Ochs, Administrative Services Administrator from Honald F. Cook, CPA, Finance, attaching Workers Compensation Insurance Preliminary Interim Financial Statements for the period ended May 31, 1989. xc: BCC, Lori Zalka and filed. Memorandum dated 6/19/89 to George Barton, EMS Director, from Ronald F. Cook, CPA, Finance, attaching EMS Interim Financial Statements for the period ended May 31, 1989. xc: BCC, Lot! Zalka and filed. Memorandum dated 6/19/89 to Robert Fahey, Solid Waste Director, from Ronald F. Cook, CPA, Finance, attached Solid Waste Disposal Interim Financial Statement for the period ended May 31, 1989. xc: BCC, Lori Zalka and filed. Memorandum dated 6/19/89 to Dan Pucher, Fleet Management Director, from Ronald F. Cook, CPA, Finance, attaching Fleet Management/Motor Pool Interim Financial Statements for the period ended May 31, 1989. xc: BCC, Lorl Zalka and filed. Memorandum dated 7/17/89 to Robert Fahey, Solid Waste Director, from Ronald F. Cook, CPA, Finance, regarding Solid Waste Disposal Interim Financial Statements for the period ended June 30, 1989. xc: BCC, Lori Zalka and filed. Memorandum dated 7/17/89 to Dan Pucher, Fleet Management Director, from Ronald F. Cook, CPA, Finance, regarding Fleet Management/Motor Pool Interim Financial Statements for the period ended June 30, 1989. xc: BCC, Loft Zalka and filed. Memorandum dated 7/17/89 to Michael K. Arnold, Utilities Administrator, from Ronald F. Cook, CPA, Finance, RE Goodland Water District Interim Financial Statements for the period ended June 30, 1989. xc: BCC, Lori Zalka and filed. Memorandum dated 7/17/89 to Michael K. Arnold, Utilities Administrator, from Ronald F. Cook, CPA, Finance, RE Marco Water and Sewer District Interim Financial Statements for the period ended June 30, 1989. xc: BCC, Lori Zalka and filed. Memorandum dated 7/17/89 to George Barton, EMS Director from Ronald F. Cook, CPA, Finance, RE EMS Interim Financial Statements for the period ended June 30, 1989. xc: BCC, Lori Zalka and filed. Questionnaire received 7/25/89 from Florida House of Representatives Committee on Children & Youth seeking infor- mation on the priority placed on children's services at the county level and requesting it be returned by 8/18/89. xc: Neil Dorrlll, Kevin O'Donnell and filed. 19. Minutes received and filed: 20. 6/21/89 - Advisory Committee on the Homeless and 7/12/89 Agenda B. 5/25/89 - Library Advisory Board C. 8/3/89 - CCPC Agenda 8/9/89 - Marco Island Beautification Advisory Committee Agenda E. 7/20/89 - Collier County Fire Consolidation Study Group Notice to Owner dated 7/20/89 from Florida Contractor Rental advising equipment rental and supplies have been supplied for Page 47 21. 22. 23. 24. 25. 26. 27. 28. AUGUST 8, 1989 improvement of Collier County landfill under an order Given by Vector Enterprises. xc: Bill Lorenz, Bob Fahey ~nd filed. Notice to Owner dated 7/21/89 from Seaboard Surety Company advisinG that prestress concrete piling structures have been furnished for the improvements of Collier County rehabilita- tion services under an order Given by Ford Pile Foundations. xc: Skip Camp, Tom Conrecode and filed. Notice to Owner dated 7/27/89 from Naples Lumber & Supply Company, Inc. advisinG that various buildinG matertal for the improvement of Collier County Wastewater Control Building under an order Given by Ford Pile Foundation. xc: Sktp Camp, Tom Conrecode and filed. Notice to Owner dated 7/20/89 from Sterling Prestress advisinG that concrete pilinG for improvement to the Collier County Health Building has been furnished under an order Given by Ford Pile Foundation. xc: Skip Camp, Tom Conrecode and filed. Letter dated 7/25/89 from Robert E. Kallman, Executive Director, President's Outer Continental Shelf LeastnG & Development Task Force, acknowledging the County's letter dated 6/26/89 RE otl drilling, xc: BCC, Nell Dorrtll, Bill Lorenz and filed. Letter dated 7/24/89 from Jeanne Hall, Deputy Director, Resource Control Department, South Florida Water Management District, enclosing staff report for application No. 890502-5, CR951 4-1aning (from 23rd Avenue S.W. to CR 846) Collier County. xc: Neil Dorrfll, George Archibald, Bill Lorenz and filed. Letter dated 7/25/89 from Jeanne Hall, Deputy Director, Resource Control Department, South Florida Water Management District, enclosing District's Staff Report regard~nG Application No. 890117-5, Naples Park Area Drainage Project, Collier County, S28,29,32 a 22/T48S/R25E. xc: Nell Dorrtll, George Archibald and filed. Letter dated 7/26/89 from Jeanne Hall, Deputy Director, Resource Control Department, South Florida Water Management District, enclosing District's Staff Report RE: Application No. 890525-2, North Naples Community Park, Collier County, S26/T46S/R25E. xc: Nell Dorrtll, Kevin O'Donnell and filed. Letter dated 7/26/89 from Steve Lamb, Director, Water Use Division, President's Outer Continental Shelf Leasing & Development Task Force, advisinG that agricultural water use permit No. 11-00333-W will expire on October 15, 1989, and enclosinG renewal material to be returned as soon as possible, xc: Nell Dorrlll, Bill Lorenz and filed. AUGUST 8, 1989 There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 4:00 P.M. ,/AMES C.' ~ILES,~CLERK ~,,,/ ' , These minutes approved b~ the Board on BOARD OF COUNTY COMMISSIONERS/ BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL August 29, 1989 as presented X ~xx~x~~Hxxxx~xxxxx~, with the exception of: Item 9Al was approved by the Board on 9/19/89 Page 49