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BCC Minutes 04/11/1989 R Naple&, Florida, April 11, 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 REGULAR SESSION in Buil'11ng "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Burt L. Saunders VICE-CHAIRMAN: Max A. Hasse, Jr. Richard S. Shanahan Michael J. Volpe Anne Goodnight ALSO PRESENT: James C. Giles, Clerk; Maureen Kenyon and Ellie Hoffman, Deputy Clerks; Neil Dorrill, County Manager; Tom Olliff, Assistant to the County Manager; Ken Cuyler, County Attorney; Mike Arnold, Acting Utilities Administrator; Tom Whitecotton, Human Resources Director; William Lorenz, Environmental Services Administrator; James Burch, Chief Environmental Specialist; Jay Reardon, Emergency Services Administrator; Ken Baginski, Planning Services Manager; Frank Brutt, Community Development Administrator; Ron Nino, Philip Scheff, and Ray Bell.::ws, Project Planners; Kevin O'Donnell, Public Services Administrator; George Archibald, Public Works Administrator; Sue Filson, Secretary to the Board; and Deputy Sam Bass, Sheriff's Office. I Page 1 - ,--.., 'e__"- --'-"""""'--'-'- APRIL 11, 1989 Tape .1 It...3 AGENDA AND CONSENT AGENDA - APPROVED WITH CHANGES Co..is8ioner Shanahan moved, seconded by Commie8ioner Goodnight and carried unanimously, that the Agenda and Consent Agenda be approved Kith the tolloKing changes: 1. Item 982 re approving low quote from Better Roads, Inc. for construction of Lely Barefoot Beach Road - Added 2. It~m 12B re E-911 Workshop (Commissioner Hasse) - Added 3. Item 12C re cleanup of Seminole Village due to fire (Commissioner Goodnight) - Added 4. Item 9A3 re approving for recording the final plat of Moon Lake, Unit Three (County Manger) - Added 5. Item 14H4 moved to 9H2 re review and issuance of the Develop- ment Order and PUD zoning ordinance for the proposed Halstatt DR!. 6. Item 14H2 deleted as it is duplication of Item 14H3. It.... MINUTES OF MARCH 21, 1989, REGULAR BCC MEETING - APPROVED AS PRESENTED Commissioner Goodnight moved, seconded by Commissioner Shanahan and carried unanimously, that the minutes ot the Regular BCC meeti~g ot March 21, 1989, be approved as presented. Ite..5 PROCLAMATION DESIGNATING THE WEEK OF APRIL 9-15, 1989, AS MARCH OF DIMES WALKAMERICA WEEK - ADOPTED Upon reading of the proclamation, Commissioner Volpe moved, seconded by Co..is8ioner Shanahan and carried unanimously, that the Proclaaation designating the Keek ot April 9-15, 1989, as March ot Diaes Walkaaerica Week, be adopted. Human Resources Director Whitecotton thanked the Board for their support and indicated that the Walkamerica will be held at 8:CO A.M., Saturday, April 15, 1989, at Cambier Park. Page 2 rt ---.'----"'-- "..... -. -"...... , APRIL 11, 1989 Ite. "6C1 PETITION CCCL-89-3, STAHLMAN FENCE COMPANY, REPR. MR. ~ MRS. ALEXANDER CALDER, REQUESTING A VARIANCE FROM THE COASTAL CONSTRUCTION CONTROL !!I~ TO -~~~~~!f..f :r~9_:rJf_j.E!-x...JiAREl!'QOT h~tEAC!L PUD .-::_I;>~NI~Dh_____--- Legal notice having been published in the Naples Daily News on March 26. 1989. as evidenced by Affidavit of Publication fiIed ¡o....th the Clerk, public hearing was opened to consider Petition CCCL-e9-J tiled by Stahlman Fence Company, representing Mr. & Mrs. Alexander Calder, requesting a 105 foot variance from the Coastal Construction Control Line to allow for fencing of a beach garden in the Lely Barefoot Beach PUD, Lot 1 1, Beach Garden F and Lot 1. Beach Garden G. Chief Environmental Specialist Burch stated that this petition is a request for a variance from the coastal construction control line to construct a wooden split rail fence around ~n existing permitted planted beach garden on Lely Barefoot Beach, He noted that this construction should not affect the existing beach or the public's use of the bEach. He indicated that it should help to protect the planted native dune holding species that have been placed on the pro- perty, adding that it conforms with State requirements for structures seaward of the coastal construction line. He stated that Staff is recommending approval of the structute with the condition that construction be complete within one year of its approval. He noted that the beach garden was approved under Resolution 88-296 in November, 1988. Commissioner Hasse questioned why the people want a fence around this area, to which Mr, Burch indicated that this will protect tha plants from people that would be on the beach. adding that the pro- nerty owner desires to have a fence around this aarden. Commissioner Volpe questloned if this fence would be on private property or on the public beach, to which Mr. Burch indicated that the fence would be on private property. Commissioner Saunders questioned if there would be any problem or interference with people using the beach by construction of this fence, to which Mr. Burch stated that the fence is proposed to be Page 3 /0 --'---- -, --,,"-,--,,- , -.. -- -,-- _""",,-,,---_,,"-,_._","-_._.,., APRIL 11, 1989 above the mean highwater mark which would be on private property and would not be accessible to the public as a beach facil1ty in this area. Commissioner Volpe stated that the County allowed this beach qar- den to be constructed by way of a variance and now the Board is ;"eing asked to grant another variancE: to construct a split rail fence which will protect the plants from the public. Mr. Burch stated that this will protect the environment that exists, the low growth habitat that helps to hold the dunes together. Commissioner Volpe stated that 1t appears that the fence is being constructed to ~xclude people from the area, adding that the fence will not protect plants from the high tide. Mr. George Keller, President of Collier County Civic Federation. stated that fences do exclude the p,"-ople. adding that it this is the existing control line, then the new control line will be further seaward of this line. He stated that he is wor!:'ied that there will be a part of the month when people will not be able to walk on the beach because of the highwater ¡nark 11' the fence is constructed. Commissioner Volpe stated that the coastal construction control line will be located landward of the existing coastal construction control line, therefore, this 105 foot variance wilJ be much greater once the new control line is r,"-located. Commissioner Hasse questioned it a fence is classified as a struc- ture, to which County Attorney Cuyler stated that a building permit is needed and it is defined as a type of structure. Co..issioner Shanahan aoved, seconded by Co..issioner Hass. and carried unani.ously, that the public hearing be closed. Commissioner Volpe stated that he would feel different about this variance if it had some other purpose than excluding the public from the beach, He stated that he is not in favor of having a split rail fence constructed along the beach. Mr. Burc;h stated that this fence would be 50 feet landward of the mean highwater line. Page . J I ---- _e ",...-",.---.......-..-.. ,...---..-,.."",..-----.-,.-...-, APRIL 11. 19a9 Commissioner Saunders stated that this fence will be on priv'ite property and questioned if the property owners could post a "No trespassing" sign or "Private property" sign, to which Mr. Burch indi- cated that they could post such a sign. Commissioner Hasse stated that he does not see any reason tl;'it there should be any structure in front of the coastal construction control line. Commissioner Volpe indicated that he feels that the property owner has other alternatives to make the public aware of the fact that this is private property. Commi ss ioner Shana] 3n quest ioned where the new control line will be located if it is adopted. to whi:h Mr. Burch stated that it would be about 200 feet further into the mangrove ãrea on the back bay side of the Island. Co..issioner Hasse aoyed, seconded by Co..issioner Volpe and carried unaniaously, that Petition CCCL-89-3 be denied. Itea .6C2 RESOLUTION 89-95 RE PETITION AV-89-001, LONGSHORE LAKES JOINT VENTURE AS PETITIONER, RI VACATION OF THE EAST 22ð6 FEET OF THE SOUTH 30 FEET OF SECTION 17, TOWNSHIP .8 SOUTH, RANGE 26 EAST, PLATTED AS A PORTION Q.L~JL CRUX UNIT ~()_l--~() PETITIONR!!._MA'( REPLAT - ADOPTED Legal notice having been published in the Naples Daily News on March 12 and March 19. 1989. as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition AV-89-001. filed by Jet! Darragh, Agent. for Longshore Lakes Joint Venture, requesting vacation for a portion of Quail Creek, Unit Two, so petitioner may replat. Commissioner Volpe stated that his law firm has represented Longshore Lakes in connection with certain matters, adding that he feels that this would present a voting conflict for him. He indicated that he will abstain from voting. Public Works Administrator Archibald noted that the location is along the northern boundaries of Longshore Lakes and the southern boundaries of Quail Creek, Unit Two, adding that it involves the vðca- Page ð )l.- ------ - -- .. ,..----.---.. ---, ...-.----..-.------- ",-- -~ APRIL 11, 1989 tion of two parcels currently platted primarily for the purposes of drainage and utilities, He stated that th£! driving force behind the vacation is the need to use a portion of that existing easement í:or a roadway and joint drainage improvements for Quail Creek, Unit Two, and Longshore Lakes. He noted that the owners are identical for both pro- jects and in both cases, the plats have been approved but in the case of Longshore Lakes, Unit Two, that plat has not been recorded and is being held up until such time as the vacation is considered. He stated that the total vacation consists of 1.6 acres of property which will continue to be used for a similar purpose but will be incor- porated into the Longshore Lakes plat. He noted that the vacation has been subject to the review by Staff and they have no objection. adding that the appropriate utility correspondence has been received. He indicated that Staff's recommendation is for approval. Coaalssioner Shanahan aoved, seconded by Co..issloner Hasse and carried 4/0, (Coamissioner Volpe abstained), that the public hearing be closed. Co..issloner Shanahan moved, seconded by Co..l.sioner Ha.se and carried 4./0, (Coamissioner Volpe opposed), that Resolution 89-9ð re Petition AV-B9-001 be adopted. Page G JJ ,.«.. ~""'."."^,_""- - - APRIL 11, 1989 It.. #6C. RESOLUTION 89-96 RE PETITION SMP-89-1, W. LAMAR EVX R S, INC. REPRESENTING HERIThGE HOKES OF NAPLES, REQUESTING SUBDIVISION MASTER PLAN APPROVAL FOR nILLOUGHBY PINES LOCATED NORTH OF IMHOKALEE ROAD LOCATED IN THE WILLOUGHBY ACRES NEIGHBORHOOD - ADOPTED. STAFF DIRECTED TO INCLUDE SIDEWALKS AND STREET LIGHTING IN THE SPECIAL ASSESSHEN"l' DISTRICT FO~ THE WILLOUGHBY A.Q,BI}:~MEA______------ ---- Legal notice having Uf!en l'ublJulH!d in the Napleu Daily News on March 26, 1989. as evidenced by Affidavit of Publication r'i led with the Clerk, public h~aring was opened to consider Petition SMP-89-1 filed by W. Lamar Evers, Inc., representing Heritage Homes or' Naples, requesting subdivision master plan approval for Willoughby Pines located north of Immoka~ee Road in the general Willoughby Acres neigh- borhood in Section 24, Township 48 South, Range 25 East. Planner Nino stated that this request for subdivision master plan approval contains 15 lots and is zoned RSF-3, adding that the size of the lots are consistent with the zoning regulations. He noted that all review agencies have commented on the plan and have indicated no objections subject to the stipulations which are included in the Petitioner's Agreement, He indicated that the CCPC reviewed this petition and unanimously recommended approval with Staff's recommended design modification which would eliminate the cul-de-sac and provide an extension of that street and a temporary turn-around. He stated that this recommendation is due to Staff preparing a conceptual deve- lopment plan for the entire area adjoining Willoughby Acres so that Staff wi 11 be able to determine how the vacant parcels of land will be developed. Commissioner Volpe questioned how the improvements of Euclid Avenue be undertaken and financed, to which Planner Nino stated that this would be done ~y the petitioner. Commissioner Volpe questioned if Euclid Avenue is the road that is being used by the contractor tnat is working in Unit 5 of Imperial Golf Estates, to which Pub~ic Wo~ks Administrator Archibald replied affirmatively, adding that the proVosed plat only includes the portion of Euclid Avenue in which the current property owner has control or Page 7 ¡q --"-e- -, . -,- APRIL 11, 1989 tee simple title. He indicated th.!t the plat restricts itself to the western segment of the extension of Euclid Avenue, addln¡¡ that the developer will be buildin¡¡ an access road within the property he own~ which would still leave Euclid Avenue open tor traffic for those pr.:>- perty owners that have land to the north of this location. Planner Nlno stated that the applicant only owns one-half the road in fee simple, but the entire 50 foot right-of-way is a dedicated allowance and the developer has permission to build over that entire allowance and will be centering the road within the 60 foot right-of- way. Commissioner Volpe stated that the Executive Summary indicates that an exception is being asked for li¡¡htin¡¡ and for sidewalks and questioned it there is a street lighting district in this area, to which Planner Nino stated that Staff has asked for this exception and everyone has concurred with this. He noted that sidewalks and street lighting is absent from the great majority of the Willou¡¡hby Acres are.:l and in view of this, Staff concurred with these deletions. Commissioner Volpe stated that there is a su¡¡gestion that some long-range traffic planning needs to be done for this area and questioned it there is anythin¡¡ underway at this time, to which Mr. Nlno replied affirmatively. Commissioner Hasse stated that bike paths, l'Iidewalks and li¡¡hting should be put in this area as it would be beneficial for the area. adding that the developer should be asked to install these things, Mr, Nino stated that the problem with sidewalks and bike path~1 is that they will begin and end with nowhere as there will be no con- tinuity. He stated that with respect to lighting, there is alwaY~1 the opportunity for a ¡ighting district to be established by the peopl,~. He noted that if the developer is asked to do this, the homeowner will still be paying for it through the purchase price of the lot, Mr. Geoffrey Furse of W. Lamar Evers, Inc., representing Heritage Homes of Naples, stated that with regards to the right-of-way alon¡¡ Euclid Avenue, there is an easement that goes 330 feet to the north. cÞ-° Page 8 "-'" --, .. ' "'-"'" APRIL 11. 1989 He indicated that he is in the process ot researching this easement, adding that the other parcel to the east that would contain the other 30 feet is owned by a member of the family that is involved in Heritage Homes, which means that the entire 60 toot right-or-way is available and deeded, He indicated that this was one o( the stipula- tions that was agreed to. He noted that Heritage Homes will build Euclid Avenue in accordance with the County's ordinances as tar as (:onstruction of a County road with the 60 foot right-of-way with curb and gutter and drainage headed away (rom Willoughby Acres. Mr. Nino stated that the plans will have to be reconfigured to allow for the western e~tension of the street. adding that Lots 7 and 9. instead of being pie-shaped lots, will have a north-south orien- tation. the same as Lots 11-15 and 1-5. He noted that the plan, if approved, is subject to these conditions. Commissioner Shanahan stated that he does not like the idea of the developer being exempt from providing street lighting. Public Works Administrator Archibald stated that he is in the pro- cess of doing some design work in the Willoughby Acres area (or the purposes of making drainage improvements, but the residents have also asked that those improvements include thp. possibility of a sidewalk. He noted that within the next 90 days he will be coming back to the Board with a special taxing district and that district will include this parcel that is under consideration. He noted that the special taxing district would allow for the sidewalks and could be expanded to include street 1 ighting for the entire area. He stated that j( the Board would like street lighting in this area, he would ask that Stat( :"e directed to include such in the special taxing district. Co..issioner Shanahan aoved, seconded by Co..issioner Ras.e and carried unaniaously, that the public hearing be clo8ed. Commissioner Volpe stated that he does not understand Stipulation 6 in the proposed agreement, Project Review Services Manager Madajewski stated that this deals with hydraulic analysis o( the water and sewer systems, adding that the area proposed tor the subdivision Page 9 J-I -"-'- -----...-.- , ..-., ""'---""""-"."'--"-' -_.... n .... ""- APRIL 11, 1989 master plan lies outside the boundaries of the existing Willoughby Acres Water and Sewer district. He stated that in 1983, the Board allowed extension of the water system into the surrounding five acre tracts provided that it could be demonstrated that the Willoughby Acres System could provide the service and since that time, Utilities Divisio~ has done the same thing with the Utilities system with the burden being on the applicalit to evaluate the existing water and sewer systF!m that they would be connecting to and verify that adequate ser- vice could be provided to the new area without impacting the existing Willoughby Acres water and sewer customers or to resolve any impact that would be created. Commissioner Volpe questioned if the approvals are being made sub- ject to the developer demonstrating that there is capacity or satis- factory alternatives, to which Mr. Madajewski replied affirmatively, adding that they could not be able to develop until they come up with a satisfactory alternative, Co..l.sioner Shanahan aoved, seconded by Co..issloner Ha.se and carried unaniaously, that Resolution S9-96 re Petition SMP-S9-1 be adopted, subject to the Petitioner's Agreement. .. Co..is.ioner Shanahan moved, seconded by Coaaissloner Volpe and carried unani.ously, that Statt be authorized to include street lighting and sideKalks in the special assessment district on a district Kide basis tor Willoughby Acres area. 8~ Page 10 .. -~- ..~ ---_.. -'.-'-.--""'.""-"" '_-"._'_.-..,..-.._~.- .. .-.. .. '" -~. APRIL 11, 1989 Ite. '6C5 ORDIKANCE 89-23 AMENDING COLLIER COUNTY ORDINANCE 88-76, UTILITIES STAKDARDS AND PROCEDURES, REVISING REQUIREMENTS FOR UTILITIES PERPORMAKCE SECURITI!S Alf.D SP~CIJ.P_ILDEPINITION~~OPTED______- Legal notice having been published in the Naples Daily News on March 23, 1989, as evidenced by Affidavit of Publ ication filed with the Clerk, public hearing was opened to consider a proposed ordinance amending Collier County Ordinance 88-76, Utilities Standards and Procedures, revising requirements for utilities performance securities and specific definitions. Project Review Services Manager Madajewski stated that when this ordinance was initially adopted ldst September, he adv ised the Board that he would be bringing back changes to the ordinance when it was found to be beneficial to both the County and the development com- munity. He stated that there is one such item this date which regards the bonding requirements for the utilities facilities, adding that since Project Review Services has taken over the administration ot the Subdivision Regulatio~s, a conflict in the types of bonds that the Utilities Ordinance originally allowed was found and also a conflict with regards to when they were suppo~ed to be required. He noted that he has worked with the County Attorney's office to prepare an amend- ment that would allow the Irrevocable Letter of Credit in addition to the Utilities Performance Bond and would make some modifications to the specific definitions in the ordinance to make it clear when the bonds would be required with respect to the Subdivision Regulations so that there is not a conflict with regards to the need tor one or two ùonds. Co..is8ioner Shanar.an aoved, seconded by Co..issioner Hasse and carried unaniaou8ly, that the public hearing be closed. Co..is.ioner Shanahan moved, seconded by Co..issioner Ha.se and carried unanl.ously, that the Ordinance as numbered and titled below be adopted and entered into Ordinance Book No. 35: ORDINANCE 89-23 AN ORDINANCE AMENDING THE TABLE OF CONTENTS AND SECTION 6.15 UTILITIES PERFORMANCE BOND DEFINITIONS; DELETING SECTION 8.13 OF COLLIER COUNTY ORDINANCE NO. 88-76 RELATING TO THE REQUIREMENTS Page 11 ~q ---------- '------.- -""---'-'-""'-"""-'---' --.- APRIL 11, 1989 AND WAVIER OF UTILITIES PERFORMANCE BOND; PROVIDING A NEW SECTION 8.13 ENTITLED UTILITIES PERFORMANCE SECURITY; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE. It.. .6C6 ORDIKAKCE 89-2. RE PETITION SDO-89-2 AN ORDINAKCE AMEKDING COLLIER COUNTY ORDINANCE NO. 76-6 AS AMENDED, "THE COLLIER COUKTY SUBDIVISION REGULATIONS" - ADOPTED SUBJECT T9 CCPC MODIFICATIONS Legal notice having b~en published in the Naples Daily News on March 23. 1989, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider a proposed ordinance ame~ding Collier County Ordinance 76-6 as amended, "The Collier County Subdivision Regulations" for the unincorporated area of Collier County. Planner Nino state~ that the intent of these amendments are uncomplicated and not of a substitive nature. adding that the thrust of this amendment is to revise the vesting of admini,trative functions in the office of Development Services as opposed to the County Engineer and to do away with the function of the Subdivision Review Committee for the reasons described in the Executive Summary. He stated that no attempt was made to comprehensively modify the current subdivision regulations ordinance. be 11 ev i ng this is a task that should be addressed in the near f~ture as a function in the prepara- tion of a land development code. He stated that where the opportunity occurred, some attention was given to the matter of expediting the review time frame and other concerns were aimed at conveniencing applicants. He noted that one change is to place the burden for setting public hearing dates on the director as opposed to the peti- tioner. He stated that there will be assurance of adequate rlata to enhance the most expeditious review function. He noted that the CCPC held a workshop to give affected parties an opportunity to discuss the proposed amendment~. adding that there were some minor modifications made at that time. He noted that there were two amendments; sub-item (s) on Page 20 and sub-item A on Page 17. He noted that there is a companion resolution that officially recognizes the application and the check list which hopefully will be a helpful aid to developers in Page 12 go .. '--""----"""---"-"""""--""" ....----,- .. . . ~..._,_._, APR It 11. 1989 submitting a comprehensive application package. Coaaissioner Shanahan moved, seconded by Coaaiesioner Basoe and carried unaniaously, that the public hearing be closed. Coaaissioner Shanahan 8oved, seconded by Coaaissioner Volpe and carried unani8ously, that the Ordinance as numbered and titled below be adopted subject to the CCPC recoaaendations and entered into Ordinance Book No. 35: ORDIMANCE 89-24, AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 76-6. AS AMENDED. THE "COLLIER COUNTY SUBDiVISION REGULATIONS". FOR THE UNINCORPORATED AREA OF COLLIER COUNTY BY AMENDING ARTICLE V, DEFINITIONS OF COUNTY ENGINEER, DIRECTOR, AND DEPARTMENT OF COMMUNITY DEVELOPMENT; AMENDING ARTICLE VII, ENTITLED VARIANCES. EXCEPTIONS AND MODIFICATIONS, TO SUBSTITUTE DIRECTOR FOR SUBDIVISION REVIEW COMMITTEE AND REVISE PROCEDURES TO ACCOMMODATE REORGANIZATION OF :HE DIVISION OF COMMUNITY DEVELOPMENT SERVICES; AMENDING ARTICLE VIII, TO PLACE ADMINISTRATION OF THE SUBDIVISION REGULATIONS IN THE OFFICE OF THE DIRECTOR OF DEVELOPMENT SERVICES, TO TRANSFER THE FUNCTIONS OF THE SUBDIVISION REVIEW COMMITTEE TO THE DIRECTOR. AND TO PROVIDE THE MANNER IN WHICH SUBDIVISION REVIEW ACTIVITY WILL BE CONDUCTED; AMENDI~G ARTICLE IX, STANDARD PROCEDURES, TO ESTABLISH PROCEDURES AND PLAN INFORMATION CONTENT FOR SUBMISSION OF SUBDIVISION MASTER PLAN; AMENDING ARTICLE IX, INCORPORATING REFERENCE TO COLLIER COUNTY ORDINANCE NO. 88-76, AS AMENDED. THE "COLLIER COUNTY UTILITIES STANDARDS AND PROCEDURES ORDINANCE"; AMENDING ARTICLE XIII TO INCORPORATE SPECIFIC REFERENCE TO PRELIMINARY AND FINAL INSPECTIONS AND REQUIRED SECURITY PERFORMANCE: PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Itea nA2 RESOLUTIOK 89-97 APPROVING AX APPLICATION FORM, CH1".CJa.IST AJm IKrOKMATIOKAL PACXAGE TO GUIDE PETITIONERS IN APPLYIMG FOR SUBDIVISION MASTER PLAK APPROVAL AS AN INFORMATION APPENDIX TO THE COLLIER COUNTY SUBDIVISION REGULATIONS - ADOPTED Planner Nino stated that this is a pr~posed resolution for the application form. and the ch~cklist that the Planning Staff will use with the applicants, as well as a hand-out brochure that is to be used as an additional guide for the applicants to facilitate their sub- mission of a comprehensive package in order to expedite the review timeframe. Co..issioner Ha~se moved, seconded by Co..issioner Shanahan and carried unanimously, that Resolution 89-97 approving an application tora, checL:ist and intoraational package to guide petitioners in applying for subdivision aaster plan approval as an intoraational appendix to the Collier County Subdivision Regulations be adopted. Page 13 ~I .-...- ~ o. .~- -'-----'-----_"_"'_0._""-"""" , ....".,..,......, '...... ""'."_"'0..'....-....----..-- ...' - -,--- APRIL 11, 1989 Ite. .SC7 RlSOLUTIOK 89-98 AND CWS-89-8 PERTAINING TO DAVIS BOULEVARD WATER IMPROVEMEKT SPECIAL ASSESSMENT DISTRICT OF THE COLLIER COOXTY WATER-SEWER DISTRICT AND CONFIRMING rHE PRELIMINARY ASSESSMENT ROLL AS THE FINAL ASSESSMENT ROL,L - ADQ.~~___---- Legal notice having been published in the Naples Daily News on March 26, 1989, as evidenced by Affidavit of PUblication filed with the Clerk, public hearing was opened to consider the Ddvis Boulevard Wat~'r Improvement Special Assessment District Resolution confirming the preliminary assessment roll as the final assessment roll. Utilities Engineering Director Tumby stated that this is the final public hearing for the ~avis Boulevard Water Assessment District that was initiated in 1987. He indicated that the project involves 9,800 feet of 16" water main. He reported that the original estimated assessment :n 1987 was $15.31 !'Jer front foot. adding that there are 34 properties involved that benefit fron this water line which represents approximately 19.325 feet and the total estimated cost of the project was $526,055, He stated that the project was completed and accepted by the Board February 9, 1988, and notices were mailed pursuant to that meeting to the property owners to not ify them to connect to the water system. He noted that the final cost of the project was $430,620. and the final assessment cost was $242.224 which resulted in a final assessment cost of $12.53 per front foot which is about $3.00 a foot less than the original estimate. Commissioner Volpe questioned if there are exemptions for chari- table or religious organizations from these assessments. to w:dch Mr. Temby replied negatively. County Attorney Cuyler stated that the record should retlect that there are no public ~peakers. Coaai.sioner Shanahan aoved, seconded by Co..issioner 8.... and carried unaniaouely, that the public hearing be closed. Co..i.8ioner Shanahan aoved, seconded by Co..issioner 8..s. and carried unaniaou.ly, that joint Resolution 89-98/CWS-89-8 pertaining to Davi. Boulevard Water Iaprovement Special Asses...nt District ot Pag. 14 d - --,--,-- "....",..,.,.......----..- _..._---~. .._.._~-_.- APRIL 11, 1989 the Collier County Water-Sewer DistrIct and confirming the pre liminary assessment roll as the final assessml?nt roll, be adopted, Commissioner Volpe questioned if the collection or these special assessments will be addressed this y~ar or next year, to which County Manager Dorrill indicated that it wo'lld be this summer, adding that he is attempting to combine special ass~ssments on the tax bill as opposed to what the County is now doIng, which is a separate billing that is done under an agreement with the Tax Collector. He noted that this will be sent out with the tax bill but shown as a separate item. Commissioner Saunders stated that the State Legial~ture enabled this to be placed on th ti'\X bill and the County entered into an agreement with the Tax Assessor to place it on the tax bill. ..... Recess: 10:15 A.M. - Reconvened: 10:20 A.M. at Kh1ch time Deputy Clerk Hott.an replaced Deputy Clerk Xenyon ..... Page :'5 .5~/ .. .-~ . -- ~.""_. ._-,~ -,,---~._------_..._.., .,...,., - .. APRIL 11. 1989 It.. .71.1 RESOLUTION 89-99 PETITION V-89-1, KENO J. SPAGNA REPRESENTING BRUCE C. MA TUI.A Y, REQUESTING TWO TEN FOOT VARIANCES ON PROPERTY AT THE CORNER OF 100TH A~NU~!?!1L~'l'H J>_'l:RB~~_::_~D2~'l'_~Q__. .---'---------- Legal notice having been published in the Naples Daily News on March 26, 1989, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition V-89-1, filed by Bruce C, Matlllay, represented by Dr, Neno Spagna, requesting tw, 10 foot variances from the required front yard setbacks of 35 feet to 25 feet on the ¡GOth Avenue front yard and on the 6th Street front yard, in a RMF-6 zone for Lots 1 and 2, Block 38, Naples Park Unit 3. Planner Bellows ste~ed that the petitioner is requesting two 10 foot variances to allow the construction of two additional bedrooms that extend into the front yard setbacks. He advised that the appli- cant constructed the dwelling in 1976 which conformed with the origi- nal 25 foot setback requirements of the RM-IA zone, adding that in 1982, the County rezoned the subject property to RMF-6 and increased the front setback to 35 feet. He reported that the proposed addition does not exceed the original 25 foot setback, but it does exceed the current setback by 10 feet. Mr. Bellows advised that based on the criteria contained in Section 11.1b4 of the Zoning Ordinance, Staff has found that a hardship exists, and forwarded this petition to the Collier County Planning Commission (CCPC) with a recommendation of approval, He reported that the CCPC reviewed the subject request on March 16, 1989, and unanimously recommend approval. He noted that there was no public comment at the hearing, nor was any correspondence received relative (0 the petitioner's request. In answer t~ Commissioner Hasse, Mr. Bellows noted that surrounding homes in the neighborhood which were constructed prior to 1982, do have front yard setbacks of 25 feet. Dr. Neno Spagna, representing the petitioner, indicated that the variance request is being submitted as a result of the 1982 zoning amendment. 19 Page 16 .. . ------., ."----~'------'---""'_.'. ""."'----'."'.-'.""""-"""--' ',., .... _.- APR IL 1 1, 1989 Mr. Harry Purdy, Chairman, Civic and Zoning Committee of Naples Park Areë:, stated that the required 35 foot s!!tback makes the area much more attractive with trees, flowers and foliage. He questioned whether the request, as proposed, will become common practice for other Naples Park residents? Planning Services Manager Baginski advised that he does not believe that this is a precedent setting event. He indicated that Staff takes a strong stance on variance requests, adding that this sit'Jation is an existing structure which was permitted prior to the zoning changes, and noted that the proposed addition does not exceed any portion of the existing struct~re. He stated that the purpose of the addi tion is to remain in I ine with the existing wall that is adja- cent to 6th Street. Mr. Purdy reported that the lots in the Naples Park area are 50' x 135', and the variance request of 10' is quite a major change. He suggested that the Board of County Commissioners continue this item for three weeks. in order to give his Association the opportunity to review the situation, He indicated that he became aware of this peti- tion in this past Sunday's newspaper, and he does not feel that it was sufficiently advertised. Mr. Bellows replied that this variance request was advertised on February 26, 1989 for the CCPC hearing, and again on March 26, 1989, for today's Board of County Commissioners meeting, There were no other speakers either for or against this petition. Commissioner Shanahan noted that two adjacent neighbors wrote let- ters of no objection in November and December, 1988. Commissioner Shanahan moved, seconded by Commissioner Hasse and carried unanimously, that the public hearing be closed. Coaaissioner Sh~lahan moved, seconded by Commissioner Hasse and carried unanimously, to approve Petition V-89-1, and that Resolution 89-99 be adopted. Commissioner Vo~pe stated that a cOuple of weeks ago he had requested that two items for discussion be placed on the agenda; one 11 Page 17 -.-"..., ~ ~.... "- . .~, ....._- ... APRIL 11, 1989 of which pertains to notification in ;natter!; such as the above, since surrounding property owners feel that they are not receiving sut- ticient advanced notice, Commissloner Saunders noted that Mr, Purdy's comments are very well taken. He stated that the approved variance request will not affect the zoning in Naples Park, since it pertains only to the requested petition. Commissioner Saunders suggested that Commissioner Volpe's request regardinç zoni~g re-evaluations be placed on next we~k's agenda. / 1~ Page 18 ----". ""..--....."",.",.-".."".".",. , . ~~ "", ","'---. ".-..., ",,"'..-, ....""."", - APRIL 11, 1989 Tape .2 Ite. .7Bl PETITIOM PU-BB-29C, DAVID SNEED. REPRESENTING JON BREAU, REQUESTING PROVISIONAL USE "A" O~ THE C-. ZONING DISTRICT FOR A CAR WASH BOO FEET NORTH OF MARTIN STREET, BETWEEN FLORIDIAN AVENUE AND EAST TAMIAMI !MJJL=-j)~!tI.EJL- h'__. _u_'---------------,-- Planner Sche tf advised that this petition is a request for Provisional Use "a" of the C-4 30ning District for a car wash for property located 800' north of Martin Street, between Floridian Avenue and East Tamiami Tra 11. He indIcated that the property consists of approximately 0.54 acres. Mr. Scheff indicated that lands to the north contain a combination service station/food mart; 1 and,. to the east, across Floridian Avenue, contain the Naples Manor Subdivision (comprised of single-family homes and duplexes); lands to the south are undeveloped woodlands; lands to the west, across East Tamiami Trail, contain a combination service station/food mart and undeveloped woodlands. Mr, Scheff stated that the petitioner is proposing to obtain a provisional use which would allow the construction and operation of a four-stall, self-service car wash on the subject property. He noted that the CCPC held their public hearing on March 2, 1989, and based upon their Finding of Facts, are forwarding this petition with a recommendation of approval, subject tv the stipulations as contained in the Agreement Shee t, and the additional stipulation that the pro- perty not be provided direct access to U,S, 41. He advised that oppo- sition of this peti tion centered around proviòing access to Floridian Avenue, and the close proximity of the subject property to the resi- dential area to the east where ~any small children live. He indicated that no one spoke concerning the petition, however, one letter of Jpposition was received, citing that the car wash would have harmful affects on the aesthetics of the abutting residential neighborhood, increased traffic on Floridian Avenue whlch could be hazardous to children in the residential neighborhood, incz"eased noise, and affects on property values. Mr. Scheff reported that subsequent to the CCPC meetlng, the Page 19 1tl "'-"-'-"-"-"-"""- ""'-'--"-"--"""- --- . ? , , ., ,.....-.- APRIL 11, 1989 Transportation Staff met with theo Peotitioner and representatives or the Florida Department of Transportation reçardinc;¡ access to the site. He noted that as a result of this meeting, the Transportation Staff is revising its recommendntion to allow access to U.S. 41 as long as the Petitioner' provides a right-turn lane to serve theo subject site, and three vacant adjoining lots to the south. He indicated that as development takes places on the lots to the south, the County would require that the Petitioner rec'1ive fair-share reimbursement for the cost of the construction of the right-turn laneo. He noted that theo Transportation Staff also recommends that access be provided via Floridian Avenue. He stated that the Planning Staff recommends that access to the site be restricted to t:'e proposed right-turn lane via U.S, 41. Mr. Scheff stated that the Planning Staff acknowledges possible safety hazards to the neighboring residential area if direct access from the site were to be allowed to Floridian Avenue. He indicated that based upon the character of this area, and with the recommended mitigation measures, Staff has no objection to the request and recom- mends approval, subject to the recow~endations of the CCPC, Commissioner Volpe questioned whether there have been any discussions for possible i'J.ccess to the proposed car wash via the adja- cent service station access? Mr. Scheff indicated that there have been discussions regarding a joint use drive with the service station property owner, but noted there has been negative feedback. In answer to Commissioner Volpe, Mr, Scheff rooted that an average of 3,000 ga~lons to a maxinum of 7,500 gallons of water is anticipated to be used each day in the car wash operation. Commissioner Volpe voiced concerns relating to water consumption, and questioned the amount of water that is used for a car wash opera- tion, as compared to a single-family residence or other commercial establishments? Acting Utilities Administrator Arnold reported that projections for per capita usage is 135 gallons per day for residential, and pro- Page 20 ~O _. -'---"-'---- ...,._.-.. ...... . ""'....".....",. APRIL 11, 1989 jections for commercial usage is 2a higher than typical residential usage. He advised that most car washes recycle the water, with usage of approximately 2 gallons per car. Mr. David Sneed, representing Mr Jon Breau, stated that at the time this project was being planned, he contacted various car washes in town to determine what their water consumption was per day. He noted that a large facility on the north end of town uses 3,323 gallons of water per day, and a car wash comparable in slze to that proposed by his client uses 1,550 gallons of water per day with a wastewater reclaim system. He advised that Mr. Breau does intend to use a wastewater reclaim system. In answer to Commissioner Volpe, Mr. Sneed advised that domestic waste will be accommodated in a septic tank drainfield which is per- mitted by HRS. He noted that the wastewater reclaim will discharge into a drainfield type system and back into the groundwater table. adding that all components and chemicals are biodegradable, Commissioner Shanahan questioned the size of the two car washes whlch Mr. Sneed referred to earlier? Mr. Sneed advised that the car wash on the north end of Airport Roa1 has 8 bays, and the other car wash is a machine driven conveyor system which has one bay. Attorney Dennis White, representing the Petitioner, stated that his client is not opposed to the right-turn lane, He noted that Mr. Breau has 100' frontage on U,S, .¡ 1, and he is being asked to construct a right-turn lane of 300', He indicated that the petitioner will have no way to recover the cost of the turn lane from the other land owners, and he does not believe that it is equitable that he should bear this cost. He reported that the purchase price of the parcel is $102,000, and the cost of the right-turn lane, as requested, will cost $35,000-$40,000, He suggested that a modified plan which will cover the front of the petitioner's property, or some way which will give him the ability to recover those costs in the future from the other parcel owners would be more acceptable. He indicated that the peti- tioner is will ing to direct traffic through the parcel and exit on Page 21 ~\ ,.. ..,.-.,.,-,--,..-.,..,.." """"'- '.-,...e."....."",....""".,,- APRIL 11, 1989 Floridian Avenue, which will eliminate any congestion. He noted that there is on-site storage for the waiting cars, Commissioner Volpe stated that he has concerns relating to curb cuts along the East Trail since this is a high traffic area. He indi- cated that Transportation is suggesting that a compromise to tht! situation is the 300' deceleration lane on U.S. 41. Commissioner Saunders advised that he agrees with Commissioner Volpe's comments regarding the curb cuts. He noted that he does not have a problem with the petition. but he feels that the stipulations, as recommended by the Transportation Staff, should be included. Attorney White suggested that if possible, the County could require that the additlonal property owners construct a right-turn lane in the front of their properties as they develop, and his client would initially construct a 50' de-acceleration lane. He noted that this would be a way to get those property owners to participate. Commissioner Saunders stated that he is not comfortable to grant a 50' de-acceleration lane today until the other properties develop, since this would be creating a traffic hazard until that lane is extended. Mr. Archibald indicated that he believes that there are three options which can be considered: 1. Confine access to Floridian Avenue. and realize that there may be some noise impact on the adjacent community (This is the recommendation of the CCPC). 2. Provide some access to U.S. 41. Staff indicates that of the two mo'¡ements. the entrance and the exit, the exit is the safest allowance. 3. Allow the petitioner to consider an access from U.S. 41. This access must conform to County and State standards for turn-lane complexes. Mr. Archibald stated that Staff is recommending a middle of thp. road option, which ~ould allow access of Floridian Avenue, recognizing that many of the users will be coming from the Naples Manor area. He noted that exit to U.S, 41 could be included in this provision, but there will be no entrance movement from V,S. 41 on to the subject pro- perty unti I such time that arrangements can be worked out with the Page 22 ~~ .,.",.."""'--"..""'- '. "- APRIL 11, 1989 adjacent property owners to pr()vide a right-turn lane which meets a II requirements. In answer to Commissioner Saunders, Mr. Archibald advised that the safest option would be the recommendation of the CCPC, to deny access to the subject property via U.S. 41, and provide access only by Floridian Avenue. Mr. George Keller. President of Collier County Civic Federation, stated that there is a water shortage in Collier County, and suggested that the petitioner be required t,:¡ recycle the water. He further stated that there is usually a line up for cars that are waiting to be washed. and there should be ample parking spaces in front ot the bays so that the cars will not clutter up the roadway. He sug(¡ested that the cars enter the fac 11 ity from one street and exit via another, to alleviate any traffic problems. Mr. Sneed stated that under the current plan, if there is one car in each bay, there is sufficient room for two cars to walt behind the one which is being washed. He noted that there is an additional 25' going out to the edge of the paverr,en t to the South Trail. He indi- cated that the petitioner will be recycling water, and noted that less water is used at a car wash under a pressurized system, than one would use if he was washing his car at home with the hose constantly running. There were no other speakers, either for or against this petition. Coaaissioner Hasse moved, seconded by Commissioner Shanahan and carried 3/2 (Commissioners Goodnight and Saunders opposed), to deny Petition PU-88-29C. Ite. .12A LETTER ADVISING THAT COLLIER COUNTY HAS NO INTENTION OF CONSTRUCTING A COMPETING AIRPORT IN THE NAPLES AREA - CHAIRMAN TO SIGN LETTER TO CAPITAL GUARANTEE I~SURANCE COMPANY City Attorney for the Naples Airport Authority David Rynders, stated that he has been advised that the two major bond insurance com- panles did not finG that the airport was of sufficient size to meet their bond insurance criteria, and consequently, the Airport's desire Page 23 r;J , . .. ----,-, -'-"""~-"-""""' '.., ,. .... .. APRIL 11, 1989 to refinance the $2 million bond issue for the terminal which was built in 1980 could not get insured. until a third bond insurance com- pany was discovered. He noted that this company advised that they would insure the issue if they could ascertain a statement from the City and the County stating that neither of the Governments intend on establishing an airport to compete with the Naples Airport Authority in serving the Naples area. Commissioner Saunders stated that Attorney Rynders sent a draft or a proposed letter to him last week. and he forwarded same to the County Attorney's office for review. He indicated that there were changes made to the let ':er. which both attorneys discussed. He noted that he has no problem signing the letter, as long as County Attorney Cuyler has approved it, and as long as it is understCJod that this is a statement or position as of today, noting that future Commissions may have a different position. and the letter does not bind future Commissions, Co..is8ioner Goodnight aoved, seconded by Co..issioner Volpe and carried unaniaously, to approve the letter to Capital Guarantee Insurance Coapany, to be signed by the Chairman. Page 24 94 ...... ........,.......-..-...-,",.- . - ~ -.. ,-,._"", "'--_¿. "'-'-"- APRIL 11, 1989 Hea .8A JULIE BAYHOK JOHNSON PUBLIC PETITION RE NAPLES GO-CART TRAC~ - STAFF TO EVALUATE SITUATION, REQUEST ADDITIONAL ASSISTANCE FROM THE SHERIFF'S OFFICE RE PARKING, VANDALISM, ETC., AND BRING BACK TO BCC WITH RECOMMENDATIONS ON 4/20/89 -----,--- Mrs. Julie Johnson, resident of Treetops Condominiums, stated that she purchased her unit nine years ago. She advised that a go-cart track was constructed two months ago at this location, noting that she was not notified of a public hearing, and therefore, could not peti- tion the fac llity. Mrs. Johnson stated that she has two small sons and has concerns regarding problems which are occurring as a result of the go.cart track: lighting, noise, parking, vandalism, and traffic problems. She provided photos which show the location of the track and its close proximity to the Treetops units. Commissioner Saunders questioned the history of the go-cart track? Planning Services Manager Baginski provided a copy of background information regarding Treetops Planned Unit Development, approved in 1980, to the Commission. He stated that in addition to providing for residential units along the rear portions of the property, the PUD also provided for commercial activities and uses as contained in the backup material. He noted that the list is quite extensive, and it includes, cocktail lounges, department stores, fraternal ¿¡nd social clubs, hospitals, motels, hoteL;!. and in addition, there were uses approved, subject to a site development plan. which included outdoor recreation, drive-in theaters. and car washes. Mr. Baginski advised that in August, 1988, a site develo~ment plan was submitted to the Planning Services Department. and after revi....w of the PUD documents, Staff determined that the go-cart track did fall into outdoor recre..tional uses, and was compatible with some of the other uses that were permitted. He indicated that Staff identified the fact that there would be measures to attempt to mitigate noise and light. He reporteC: that the original plan was redesigned, as per Staff's request. to move the track as close as possible to u.S. 41, Page 20 ~1 ~-'-"'-"-'-'-"~-"---"_.'-'- ""'- ..._--~._~,--~-,--" ." ~.' ,. -_...~-_._""-, .".,-."' --,._--". ""'-""'.""'...'" ..."M" APRIL 11, 1989 provide additional landscaping and a larger fence, He indicated that the original document provided for parking which was parallel to the entrance street, and Staff requested that the parking be moved to the rear, to further separate the track from the residential portion. He noted that based on the revised plan, and comments from the other reviewing agencies, Staff approved the site plan. Commissioner Hasse stated that he visited the site, upon receipt of Mrs. Johnson's letter, and he does not understand how this facility was approved. He advised that the noise factor is terrible, Mr. Baginski indi.:::ated that at the direction of the Board of County Commissioners, Staff can perform additional studies to ascer- tain what .;an be done t.J mitigate the impacts, He noted that Stat( requested ~dditiQnal buffering and the relocation ot the parking lot to mitigate noise. Commissioner Volpe questioned the hours of operation of the go-cart track? Mrs. Johnson stated that the hours of operation are from 11:00 A.M, un ti 1 11: 00 P.M" noting that the lights are usually turned off between 11:30 P.M - 11:015 P.M. She indicated that she can not sit on her porch or walk freely about her unit because of the noise, lights, and lack of privacy. Commissioner Volpe stated that his thought is th<lt this use is offensive to the surrounding residential neighborhood. He noted that the operator of the facility has certain rights which were granted to him by a previous Commission, and he feels that some type of balance must be reached. Assistant to the County Manager Olliff advised that both projects were approved as a single development by the same developer. He indi- ..;ated that at the time when someone bought a home in the Treetops area, the record was there that all of the uses were already approved, and could be built at any time. He advised that Staff had a meeting wi th the property owners of Woodgate, Treetops, and the go-cart track to resolve as many issues as possible. He indicated that there were concessions from the go-cart track owner, as well as the property Page 26 rt . . '--""--".---'--- .-....,,-' .. -. . .. ,.. ---'-'--"--"'-'-'-~-'-""-'- APRIL 11. 1989 owners. ~r. Bruce Hayhoe. father of Mrs. Johnson. stated that he feels that the general site plant review was not conducted properly. He indicated that private property ri~hts are a big issue. He stated that the owner of the go-cart track purchased his land. had a site plan, and received his permit, not ing that it is pretty difficult to cancel him out and pull his permit now. He stated that Mrs. Johnson has some rights also. He noted that to shut down the operation, would not be realistic. but the noise, lighting, and parking nuisance can be controlled by controlling the hours. Dr. Th::>mas Dawber stated that he owns a unit in Treetops which he rents out. He indicated that he bought the unit before construction was completed. because he believed the unit could be bought and rented at an affordable amount for people who work in the area. He stated that he did not learn of the go-cart situation. until construction was well underway. He reported that he met with Staff, and he was disturbed when he learned that the policy of the County is "Buyer Beware". He noted that it never occurred to anyone that a go-cart track would be approved next to residential properties, adding that the residential property values are 7oing down, He stated that something is wrong, and if a change is required in the zoning regula- tions, the Cmmmission should address it. Commissioner Saunders stated that the County does have a noise ordinance. which prohibits noise from beyond a certain distance i'rom the site that produces the noise. County Attorney Cuyler advised that a new pro~osed noise ordinance ",ill be in final draft form and ready for advertisement very shortly. He noted that it does appear, from early indications, that these noise levels are above what wi 11 be allowed by the new noise ordinance. Commissioner Volpe indicated that Dr, Dawber's points are well made. but noted that "Buyer Beware" is not a policy of Collier County. He advised that this is a policy that pertains to the United States in general so that property purchasers will make inquiries as to what the Page 27 y>q ,.-. -,-",-- ., -.- v --..--.-. ",.-.,,-.-,-..-.,......,..,.. ...-.,. APRIL 11, 1989 surrounding properties may be. Mr. Tcdd Hogan, resident of Treetops, stated that the property owners need the help of the Commission regarding the lights and the noise from the go-cart track. Mrs. Charlotte Westman, representing the League or Women Voters or Collier County, questioned when approval for the go-cart track was granted, to which Mr. Olliff stated 1908. Mrs. Westman stated that the Comprehensive Plan has a phrase "to protect the health, welfare and safety of our citizens", and she does not see that the action which was granted is protectlng the health, welfare and safety of anyone. She advised that the League supports affordable housing. and it appears that the go-cart track came after the fact of the development of the housing units. She stated that it anything can be done to exclude the go-cart track. this would be the way to go. Mrs. Johnson stated that the Treetops has a one way entrance to protect the small children that are playing or waiting for school buses, but noted that she has been blocked in her driveway several times, by people who are at the go-cart track. She advised that the Treetops Association has retained a ~?mpany to tow vehicles that are parked on private property, and signs have been put up advising of same. She noted that go-cart customers are still parking on private properties within the Treetops. Commissioner Volpe indicated that if the go-cart use is determined to be inappropriate, he would not be adverse to the fact to have Staff look at this issue, and proceed with an amendment to the PUD document, . f necessary. He noted that the use would be short-lived in the pro- ces.o;;. He suggested that the hours of operation and other regulatory measures be taken to mitigate the negative impacts. Commissioner Saunders stated that he feels that Commissioner Volpe's suggested approach is a good one. He indicated that in the short term, he feels that the issue of parking in the Treetops area can be resolved by requesting that the Sheriff's Office more actively Page 28 qo , ^e^_. .--"'^^ . , . ,. . , .. .", ^~., ^..~'^.....,...'^...,.....^._"...",.... APRIL 11, 1989 ticket cars that are in violatio:1; wHh regard to the lights, there are ways to shield and direct them, so they do not go off-site; there should be strict enforcement of the noise ordinance, and evaluate hours of operation before the new noise ordinance becomes errective; the possibility of a solid wall between the properties should be con- sidered. Commissioner Volpe stated that he suspects that other communities have ordinances which regulate go-cart track operations, and he suggested that Staff look at these, regarding hours or operation, and noise levels, etc, Commissioner Saunders indicated that as far as vested rights are concerned, the owner may have the right to continue the operation or the go-cart track, but it does not eliminate the Commission's ability to exercise their police powers to regulate that use. He suggested that County Attorney Cuyler report back to the Board on the above suggestions, as quickly as possible. Comaissioner Saunders moved, seconded by Comai8sioner Hasse and carried unanimously, that Statt be directed to evaluate the go-cart track situation to determine what types of ordinances are appropriate regarding the hours ot operation, noise, lighting, parking, and report back in tKo Meeks as to what can be done to regulate this type of tacility; Statt to determine whether this is an appropriate Use, and Khat can be done to eliminate the operation it it is not appropriate; request additional assistance trom the Sheritt's Otfice reg.rdin~ parking and vandalism; and Start to contact the operator ot the go- cart track tacility to determine Khat can be arranged during the interim. It.. .8B MARTIN LAIBOW PUBLI~ PETITION REGARDING AFFORDABLE HOCSING - MR. LAIBOW'S COMKENTS TO BE FORWARDED TO ALL INTERESTED PARTIES Mr. Martin Laibow, Registered Architect (retired), stated that the problem of affordable housing is within Collier County, and he sub- mitted a proposal to the Commission. He reported that Collier County, Page 29 '11 ."" ,.--,-...,--.-, r , .---.. ,-- ".-..--,......-----,. . , APRIL 11, 1989 because or its resort character and its phenomenally high growth rate, can be accurately characterjzerl as completely rlependent upon its ser- vice personnel in its hotels. restAurants. shops and light induBtry. He indicated that agricultural workers are also an integral part or the County's service population in the rural areas. He noted that most of these people have been priced out of the housing market, adding that there is the desperate need for affordable housing in Collier County. Tape #3 Mr. Laibow indicated that condominiums are out of the financial reach of the people of whom he is speaking, as are most single-family and duplex residential buildings. He reported that manufactured housing, in the clustered, privately-owned enclaves, are increaslngly of the condominium type which are also priced out of reach of the eco- nomica1ly less well-off service group. He noted that he feels that the answer is to adopt the existing technology of housing manufac- tured to the particular and peçu~iar needs and conditions of Collier County, as outlined in his proposal. He advised that a 1,000 square foot 3 bedroom, 1 bath house can be expected to cost about $16,000, with mortgage payments (30 year fixed rate). as low as $200 per month. He suggested that a non-profit corpor<l.tion, composed of private and government sectors of the County be established, with tht; basic seed money coming from both sectors. He further suggested that local labor forces be used for the manufactu:,e of this housing, including those who will live in the buildings. He noted that only the critical work, such as electrical and plumbing will have to be done by licensed work- men. He advised that the real point of his proposal is that the simplification of the construction process makes it possible and extremely desirabl~ that a great deal of the work will be done by many of those who will later live in the houses. He indicated that the mortgage funds received each month from the homeowners can be put into a revolving fund so that Collier County's businesses will be assured of an adequate affordable housing stock for the future service person- Page 30 c¡v .... ~ ,~ ... ,.._, "-'---"" ""----'-"'--' ,---,_._..,.,.~..,.._._,- '""-'- APRIL 11, 1989 nel as the County grows. He noted that it would be feasible for the mortgages to be sold to Fannie Mae or other private mortgage purcha- sers, to put the mortgage money back to work even more quickly. He indicated that morp. expensive items, i. e. swimming pools and community buildings should be built by the owners at their discretion, and at their own expense, He suggested that for the benefit of all con- cerned, consideration should be given to methods of group transpor- tation to be running on a very frequent schedule during the rush hours directly to the hotels, stores, restaurants, and other business places where the service people work, Mr, Laibow stated that substan- dard living conditions breed substandard workers who may, realisti- cally, pose a threat to the health, and well-belnç of others. He noted that enlightened self-interest can make Collier County a briçhter, better. kinder and gentler place to live if a partnership of business and government is formeJ to provide housinç tor those who have themselves labored in the construction of their own dwellings. Mr. Laibow stated that he presented his prop?sal, purely as a public service, and he has no interest in becominç personally involved. Commissioner Saunders thanked Mr, Laibow on behalf of the Commission, and r~quested copies of his comments so that they could be forwarded to all interested individuals and organizations. Commissioner Shanalnn commended Mr. Laibow on his presentation, noting that additional affordable housing would greatly benefit the entire County. Commissioner Goodnight stated that she would like to forward a copy of Mr. Laibow's proposal to the recently appointed Affordable Housing Task Force. ... Recess 12:25 P.M. - Reconvened 12:40 P.M. ... Ite. "9Al CARNIVAL PXRMIT 89-5 RE PETITION C-89-4, CYNTHIA C. CONNERS, COLLIXR COUNTY YOUTH GUIDANCE DIRECTOR, REPRESENTING LARRY'S AMUSEMENTS, TO CONDUCT A CARNIVAL ON COUNTY-OWNED PROPERTY LOCATED SOUTH OF THE COURTHOUSE ANNEX IN IMMOKALEE, APRIL 11 - APRIL 15, 1989 - APPROVED ~ITH ,!~IVElt.J>~~~~:r¥. ~9!fQ_~~!?- ..!'JJ.HHLFEJL__,_h_----- Planning Services Manager Baginski stated that Cynthia Conners, Collier County Youth Guidance Director, is requesting a permit to con- Page 31 91 . .. "-'- -----.--"'--, ,..--.-----.--,. -...-..-.,..,_,e__.'_' --,. -,-.--.,--... ..---.-." -,. APRIL 11, 1989 duct a carnival on Collier County-owned property located south of the Courthouse Annex in Immokalee, between April 11 and April 15, 1989. He noted that she is additionally requesting a waiver of the surety bond and the filing fee requirements. He advised that all of the necessary requirements for submittal have been met, in particular, approvals from the Sheriff's Office and Fire Department to provide service. He noted that a standard agreement for use of County-owned property has been reviewed and approved by the County Attorney's Office. and Staff is requesting approval of the permit, with waiver of the surety bond and filing fees, Commissioner Hasse questIoned why the permIt for the carnival was filed so late? Youth Guidance Director Conners advised that there was a problem with the contract that was to be Init ia ted by the County Attorney's Oft ice, adding that this was resolved last week. Co..Jssioner Goodnight aoved, seconded by Co..iss10ner Volpe and carried unaniaously, to approve Carnival Per.it 89-5, waiving the suret~ bond and tiling tee. Page 32 9( -..,.." ,--",. .,--"".",,_',__M"",,- , .-. "-'--"'.."'-"-'-"_."""---- APRIL 11, 1989 Ite. .981 RECOMMENDATION TO HIRE ADDITIONAL STAFF FOR THE PURPOSE OF SECURING RIGHTS-OF-WAY; AND TO TO AUTHORIZE STAFF TO SOLICIT PROPOSALS FROM APPRAISAL/ACQUISITION CONSULTANTS FOR ACQUISITION OF RIGHTS-OF-WAY ALONG THE LIVINGSTON ROAD (NORTH NAPLES MSTU) CORRIDOR - CONTINUED FOR TWO WEUS ;_STAF1'.._T9_1'~OY_IP~ _.:[tJS_n!"_Ic;!-n_Q.N_QJI'__,,pDnION~~..J>OSI'n.9NS__. Public Works Administrator Archibald stated that this item involves the necessity to acquire extensive I"f! a 1 estate to meet Collier County's tr<lnsportation needs in the immediate future. He advisùd that there are six major roar! projf'ct". as 5et forth in the Growth Management Plan, that are in the de~lgn phase for construction in 1990, He incticated that the Board recently approved preliminary rights-of-w^y maps for' Immukale~ Road between SR-951 and U.S.41, and Livingston Road from Immokalee Road north to Lee County, He advised that these two projects involve ~ver ten miles of roadway that have a large number of parcels to be acquired, He reported that this process involves not only appraisals, but quite a 10 t of title work, and trying to work out settlements, Mr. Archibald advised that the Real Property Department has made an analysis of the man hours invt)lved. He noted that Staff reviewed the possibility of doing much of that work by contracts with appraisal firms that have the capacity to perform the appraisals, initiate offers to owners, prepare deeds and casements, and take the acquisi- tion phase through an () f fer' to the property own~r. He stated that he feels that the workload can be disbursed through this process, but unfortunately, there is still the need to have people on Staff to undertake the supervision of those contracts and perform a majority of the work for the design of the road project and the acqllisition. He indicated that there wi 11 be the need for approximately 5 additional "'taff members: (1) right-of-way supervisor, (1) senior appraiser, (1 or 2) right-of-way specialists, and secretarial staff to support the operation staff. Mr, Archibald reported that 1 t should be recognized that the workload extends over d five yedl' period, and the funding for these positions will be from the Road Fund. He noted that the employee Page 33 Ilf . ..--- . H .. .---""""""""""-" .-.._- APRIL 11, 1989 expense will be chargl"d back to the applicable I'oad project account and hopefully, the General Fund would pick up the cost for office fur- niture and office space, He advised that the total dollars for the remainder of this y~¿¡r it> $98,000, which includes $30,000 for office fund ture, computf'.r hardwarl:! and office supplies. He stated that the cost of the actual itemG thilt a I'" to bt, dcqu!rt>.ù <\I'e not reflected in the backup, but they art:' reflected in the Five Year Construction Program CO5tS, In answer to Commissioner Volpe, Mr. Archibald advised that th{!re are currently two people in the Real Property Department that are assigned to assist in r'Lad right-of-way: a l'ivht-of-way special ist, and a supervisor, He noted that their workload will be expanded trom 2 projects to more than 8 projects with many hundreds or parcels over the 5 year period, He advised that between now and the fi rs t quarter of 1990, 550 parcels will need to be addressed If the projects are to be constructed as scheduled. Commissioner Volpe stated that he would like to spe all of this information in a package, noting that it is suggested that County Attorney Cuyler will need additional staff, and the only way to get by wi th the requested 5 additional people. is if their work is supple- mented through the use uf outside consultants, at an amoun~ to be determined by certain circumstances, He indicated that it is not known what tr.~ entire impact will be from a budgetary perspective. Commissioner Shanahan qul:!stioned how long it will take to find five people to handle this type of responsibility, to which Mr. Archibald stated that he believes this can be accomplished within 90 clays. He a<lv i sed that ther'e are applicants on hand who are very qualifieð. and there are applicants who will be available since there are some State operations that may b~ closing down, In answer to Commissioner Shanahan, Mr. Archibald indicated that based upon the number of parcels <lnd the relocations that ar"'- necessary, a staff of 11 people ~lill be required in-house. He noted that rather than considering 11 added employees, the alternativ{~ is to Pagtt 34 //1 ----.---.,.-",..,..,-, ~ -~-_._-_.._. .. -,~ , ---.----,.-- . ,"""... APRIL 11, 1989 reduce that number to 5 employees, and do more contrAct work with the idea that the workload should lp.vel out in 3-5 yp.ars, Mr, Archibald reported that thel'e is a limit to the serviceI'! and the activities that can be performed by the consulting services, adding that they will only be able to take a project so far. He advised that if a property owner' d(Je~ not want to .;ome to terms with the County, the alternative is condemnation, He noted that this is an activity that only St...ff can SUppol.t to a great degree. In answer to Commissioner Saunders, Mr. Archibald indicated that there are presently 7 people, 2 of which are part-time, in the Real Property Department. He noted that there are two supervisors: one or which is involved with utilities and road projects, and the other is involved with special taxing districts which involves an extensive amount of work; there is at least one specialist and one part-time specialist working for each of the supervisors; a department head; and a secretary, Commissioner Saunders stated that he is wondering if there may be too many supervisory people. He indicated that he does not see any evidence presented, which supports the need for five additional people. He further stated that he d?es not see the need to waive com- petitive bidding to select consultants. He noted that his suggestion is that Staff came back with additional information to justify the increased positions. He stated that he would like to see the results of the productivity review that the County Manager is providing, to make sure that things are set up in the most efficient manner. County Manager Dorr ill indicated that if the Board has concerns relating to infol'mat ion to justify the additional positlons, the Five Year Road Plan will be presented within the next two weeks. He noted that it the Board desires to continue this item until that time, Staff will also present additional information relating to the balance of the Real Property Department's activities. Comn.,;,ssioner Hasse advised that he would like to see more infor- mation. I~O Page 3~ v ... ,.. --.----.-..,.-.,. -..._,,_e_,_..,......- "'-"-"""""-""----"- APRIL 11, 1989 Commissioner Shanahan indicllted that he has no problem with the additional 5 staff members, but his concerns are that the Levels of Service will not meet the requi'ements, and he feels that there is a tremendous workload, In answer to Commissioner Volpe, County Attorney Cuyler advised that his office will require one addlt ional attorney for the upcoming workload. Co..issioner Volpe aoved, seconded by Co..issioner Shanahan and .. carried unanimously, that this itfta be continued tor tKO _eks, to enable Statt to provide further intormation to justity the additional positions. Itea .9A3 RECORDIðG OF THE FINAL PLAT OF MOON LAKE, UNIT THREE - APPROVED WITH STIPULATIONS - Project Review Services Mdnager Madajewski staled that this item is to request the recording of H.e plat of Moon Lake, Unit Threl~. He noted that the plat was approved by the Board on February 7, 1909, wi th the stipulation that the recording coulò. not occur until the improvements were completed. there was a preliminary acceptance phase, or that the Developer posted a security to allow his use of the land for building permits, etc. He noted that the developer has submitted the necessary security informatio:1., as approved by the County Attorney's Office, and Staff is recommending that the PIal be approved with the following stipulations: 1. Accept the Letter of Credit as security to guarantee corrple- tion of the Subdivision :.mprovements. 2, Authorize the recording of the final plat of Moon [.ake, Unit Three. 3. Authorize the Chairman to execute the Construction and Maintenance Agreement, Mr. Madajewski advised that there is one item of clarification: Page 1 of the Executive Summary, "Fund" should reflect "Fund 113", rather than "General Fund". Co..issioner Volpe aoved, seconded by Commissioner Hasse and carried unaniaoualy, to approve the tinal plat ot Moon Lake, Unit Three, with the Stipulations as recommended by Statt. Page 36 ¡J-l -.-..--.-,---- - _.,~ ,_.. ' ,,-- .'-'" ...",."_..,,.,....,..._~ '0_" APRIL 11, 1989 It.. .982 COKTRACT TO BETTER ROADS, INC. FOR CONSTRUCTION OF LELY BAREFOOT BEACH ROAD - APPROVED IN THE AMOUNT OF $3~l,.93..~, AND AUTHORIZATION TO PROCEED BASED UPON PURCHASE ORDER TO BE EXECUTED BY STAFF FOR APPROXIMATELY 8215,000 SUBJECT TO SUBSEQUENT CONTRACT DOCUMENT !<P~~QVALTO PROVIDE rHE~ECESSARY SECURITI!~ '-'-------,--, n- Public Works Administrator Archibald stated that this item is a follow-up to the Board's directive of last week when consideration was given to the possibility of the impacts in chdnying the Coastal Construction Control Line (CCCL) on the proposed road extending from the Lely Barefoot Beach developme~t south into the parcel of property purchased by the County. He noted that the change in the CCCL that is planned for the middle of this year may have some impact on the design and ability to construct improvements beyond that control line, speci- fically, the extension of that road. Mr. Archibald reported that Staff prep<lred a brief package for interested local contractors to submit proposals. He advised that responses were received from Ha x'pe I' Brothers, AI'i1c-Florida, and Better Roads, Inc., adding that the low bid proposal was submitted by Better Roads, Inc., in th~ amount of $3~1,493.45, no t ing that Staff believes that this 1s a very competitive proposal, and it also reflects very good unit prices for construction of this improvement. He indicated that he is recommending that the contract be awarded to Better Roads, Inc, He stated that the preparation of the contract documt:'nts will take some time, and he is suggesting that during the interim, the Board may want to consider authorizing certain work to be perform~d through a purchase order concept, He advised that this will give the Commission the ability to ensure that there is substantial con,pletion of the road improvements by the end of May, and to also ensure that there are good prices for the water, sewer, bIkeways, and the parking area. He indicated that he has two major concerns: 1. Based upon a Three Party Agreement between Collier County, The Conservancy, and ~ely Development, there is a restriction on the amount 0:- df'velopment that call ho' done in each corri- dùr along the r'ùadway wlth\n the Cu\lnty's property. A parking area is proposed along th~ south end of the beach, and Staff is recommending that the plans be revised to reduce the parking by 30 spaces to comply ¡.d th the Three Party Agreement, Page 37 1~1 . .~_. ...,-",.._-'-' ..".." .c......"".-..-- """"'-""-""'-"-'--- , APRIL 11, 1989 2. The Department of Natural Resources has concerns about t,he asphalt surface of the roadway. Staff is ù'lggest ing that a minimal amount of asph.i 1 t be put on !,he road¡.,'ay fol' the time being. and then meet w \ th the DNR an-j The Conttervancy to address tIlt' surface in the parkj!'.;; dreas, In answer to Commissioner Saunders, MI'. Archibald advised that Better Roads. Inc. has ascertained that they can obtain substa,'tial compl~tion of the roadway prior to the change of the Coastal Construction Control Line. He noted th.!t once the CCCL changes. the ab11 ity to have a roadway is in question. He noted that the entire process has been subject to c lo,.e coordination with DER, DNR and South Florida Water Management District. Co..issioner Shanahan aoved, seconded by Commissioner Rnsse, to aKard a contract in the aaount at $351,493.45 to Better Roads, Inc. Kith authorization to proceed bðsed upon purchase order to be executed by Start in the amount ot appro~imately $215,000 subject to subsequent contract docume~t approval to provide the necessary pertorlUmce securities, insurance securitiea, and maintenance securitieo. Commissione::, Volpe stdtt:!d that he has reservations about going ahead with this project under these circumstances. He mentioned correspondence from the Lely De'/elupment Corporation to the County Manager regarding access to the property. County Manager Dorr 111 advised that he received a lettt:!I' from Mr. Agnelli. expressing concern ove:- the purcha$e contract provision. He noted that Lely Development has an obligation to extend the hard road from the former terminus of the platted subdivision. south to the northern boundary of the County's property through an undevelu~ed par- cel that is betwe.zn the the County's property and the existing single- family subdivision. He advised that Lely has unt 11 June, 1989, to do this, adding that the condition contained within the agreement speci- fies that "the seller (Lely) ,,;hi! 11 complete construction of a paved road in accordance with Col]ier County conutruction standards for the full length of an easement granted to the Board of County Commissioners. as described in Exhibit "C"," Hp stated that Lely Development has other concerns regarding the County's current parking Page 38 J~f . ' --, -,--.--, , .....,.."-.",.,.,-...",.--..",,. ---"""""""""" ,,---..,,---. '- - APRIL 11. 1989 lot on the north end of th~ p1att~d subdivision, trash pickup, and vandalism. He indicated that he will be meeting with Mr. Agnelli tomorrow. In answer to Comminnioner Volpe. Mr. Archibald stated that the CCCL, when it is relocated, wi 11 be far inland of a major portion of the Lely Project. and major portions of other projects along the coast. County Manager Dorrill stated that this project is in a hurry, and the reason it was not budgeted tor this year is that the original pro- jection for the revisions to the CCCL were not to tRke place until next year, He not~d that the Staff and DNR made a decision to acc~- lerate the effective da"e of Collier County projects that are affected for the remaining undeveloped land along th~ coast, therefore, they moved the County up on their list, Commissioner Hasse indicated that there hav~ be~n discussions about this road for the past 4-5 years, and he feels that the pa'Ok in this area is of vital need to the County and he believes that all steps should be taken to move forward. Mr. George Keller questioned whether the road that is to be bull t by the developer has been completed? Mr. Archibald indicated that the road ha~ been substantially completed. He noted that the parking area for 150 parking spaces is included, but the plan will have to be redesigned. Opon call tor the question, the aotion carried 4/1 (Co_issioner Volpe opposed). Clerk Giles stated that this is essentially a parks project, to be reimbursed next year from a Parks Fund. He indicat~d that he does not feel it is proppr to t'lke money (rom 9<:15 taxps that are to be used for road purposes, He recommended tr.a t the money for this project be transferred from the G...neral Fund, with reimbursement back into the General Fund next year, County Attorney Cuyler stated that his understanding is that this is a road, and it is being built for road purposes. Page 39 J~q ""^_.,--_..~.__.,-_. r eo. ~" . .. .--.. ,.,...,..,_..... ..- ,... .... APRIL 11, 1989 Commissioner Saunders suggested that Clerk Giles and County Attorney Cuyler work out thl-'. legal source of funds fur thiE¡ proJ~ct. Finance Director Yonkosky stated that he can not determine that this particular project is a C'lpital Improvement Element project, and it is not budgeted next year, County Attorney Cuyler stated that he wi 11 meet with Messrs. Giles, Yonkosky, and Archibald. It.. .gBl BID 68g-137~, CONTRACT ~OR ANNUAL TYPKWRITER MAINTENANCE - AWARDED TO ASSOCIATBD BUSINESS MACHINES or NAPLES, INC. IN THE AMOUNT o~ ~17 1041. 42 t1NC!!~~~~G uSH.E!!~,~IP.' _S., .9l",~!9~J- "---- '-. _e_-. Legal notice haviny bo:-en published 111 the Naples D"Iily !lews on February 20, 1989, as evidl'nced by Affidavit of Publication filed with the Clerk, bids were received until 2:30 P,M, on March 3, 1989, to consider Bid #89-1375, Contrilct for Annuill Typewriter Maintenance. Administrative Services Administrator Ochs advised that this item was continued from last week's meetlng at which time Staff recommended awc!trd of a contract for annual typewriter maintenance service to Associated Business Machines of Naples, Inc. (ADM of Naples, Inc.) who was the apparent low and responsive bidder. He indicated that it was discovered in Stil[f's ilnalysl» of the bid that ABM of Naples was con- sidering servicing tho:- contl'act through the combined resources of their Naples office and their Ft. Myers office. He advised that they had failed to include a.ld list Ft. Myers as a party to the agreemen t. as required in the bid documents, HE~ re,¡:>orted thilt after subsequent discussions with County Attorney Cuyler, Staff considered this a tech- nical violation of the bid specs which did not mat~rially alter or change the abil it 'I of that vendor to render the service c!ts required, and it did not change the cost that was bid for those services. He noted that the Commi~siún directed Staff to consider the bid of the second low bidder, M a I' 1 en Bu¡;iness System», He stated that Staff has done this, and they have concluded that Marlen is also qualified to provide the required services under t:'e contract. Mr. Ochs stated that the Board of County Commissioners has three options: Page 40 Jgo . ... -........,.-.,'........-..,.. ... -" n --- ,..,--- APRIL 11. 1989 1. Award the bid to Associated Business Machines of Naples, I Inc. 2. If it is òetermined that ABM is not responsive as a bidder, award the bid to the second low bidder, Marlen Business Systems, 3. Reject all bids, and rebid the contract. Mr. Greg Seckler, President, Associated Business Machines, stated that the structure of his organization is ba~ically one organization, comprised of two corporations, He indicated that his firm services accounts throu!;hout southwest Florida. and uses resources to combine accounts, He adviseù that his bid is 43% less than that which the County is currently pnying. He prov hIed a copy of the National average for service calls per machine type. which was used in calcu- lating his bid. He inùicated that the local office of Associated Business Machines in wi thin two miles of the Courthouse. adding that technicians from Collier and Lee Counties will be used to service this account. Coaaissioner Hasse aoved, seconded by Commissioner Goodnight, to ~Kard the contract tor Bid #89-1375 tor TypeKriter Maintenance to Associated Business Machines of Naples, Inc. in the amount of $17,041.42. County Attorney Cuyler stated that awarding the bid to Associated Business Machines will also include the waiver of the ted.nical viola- tion. Upon call tor the question, the .otion carried unanimously. Ite. .9H1 MARCO ISLAND BEACH RENOURISKMEHT FINANCING CONTINGENCY PLAN - APPROVED Assistant to the County Manager MacKenzie stated that on March 21, 1989, the Boarct approved the issuance of $5 million in General Obligation Bonds for the the Marco Island Beach Renourishme~t project. He noted that in its review, the Finance Committee found that there was approximately $370,000 in excess cost estimates, above and beyond the $5 million that was approved by the voters, He indlcated that the cost estimates, as submitted, include a 10% contingency. He reported Page 41 ¡!I ........,,---.--. 'w ....., ~. "'0"'" "-,,,,----'--"'-'-""'--"""-'-""-"""""- APRIL 11, 1989 that the contingency plan to solv(~ any cost overruns is to install in the bid documenta, language to the affect that the County can reduce the amount of sand which is to be applied to the beach by up to 15%. Co..is.ioner Hasse aoved, seconded by Commiss10ner Shanahan ~d carried unaniaously, to approve the Marco Island Beach Renour1shaent Project Contingency Plan. Page 42 j1¡- - -"..--.,.-,.. -.-.------,'---- ".'-'--"-""--"'--'."""--' "..,,---.--..-. ... .. .. APRIL 11. 1989 It.. .9H2 RECOMME1fDATION RE REVIEW AND ISSUANCE or THE DEVELOPMENT ORDER AND POD ZOKIKG ORDIKAXCE POR THE PROPOSED BALSTATT DRI - STAPP DIRECTED TO DKYELOP IKTERLOCAL AGREEMENT BETWEEN CITY AND COUNTY RE PROPOSED ~!-..S-1~T!~B!,-. ,- -, '-'--'- ---,--,- -,--,- --'-, -." --- -----. ,-, Commissioner Saunders stated that the Commission was presented with a contract from the City of Ni\ples concerning the review of the Ha1statt project and other DRI'!; in which there may be property located in the County and the City. He noted that it was d~termined that the Board did not want to get into an open ended situation where all of these types of proj~cts would be reviewed at the whim of the City. He indicated that Staff is requiring direction from the Board to negotiat... an Interlocal Agr'~emf'n t dealing solely with the! Halstutt DRI, adding that he does not have a problem with negotiating an agreement. but this dnt's not mt'iUl that he will vote in favor of it when it comes back before the Board, Tape .4 Commissioner Volpe stated that if approved and the County will assume the responsibility of reviewing and approving the entire DRI, including tr.e 353 acre parcel that is located within the City, the langua<¡e is unclear as to who would have the responsibility for the issuance of the Development Orders, i.e. the Building Permit. Mr. Olliff advised that the differences between the actual Codes of the City and the County are very minor. He noted that frc)m the ne<¡ative aspect. the authority that would grant approval of this pro- ject would receive a certain amount of criticism. He indicated that from a positive planning standpoint, this allows the County the insurance that the entire project complies with the Comprehensive Plan. so that commercial is located where it should be, and residen- tlals are in densities where they ought to be, lIt> stated that Staff' does not have a preference regarding building permit issuance and inspection. since this is a revenue generator which supports itself. He advised that the City has an lInderstanding that the County will do the Development Review throlluh the issuance of the PUD Ordinance and /' /Jj Page 43 ,.,. - .. ,-.-... " -.,..--, ,.-"..,-.-...---,,"..- ,.. APRIL 11, 1989 the DRI zoning review, and at that point will relinquish the rest of the reviE">I process to the C 1 ty anù allow them to collect tor the building permits and do the inspections. Commissioner Volpe questionpd whether the agreement should address subsequent rezones, and who will handle substantial deviations? Mr, OJ11ff stated that giver. the fact that the County will establish the original paraml!'ters for which this development will function under, deviations to that wi J1 come back through the original reviewing body. Co..i.sioner Shanahan moved, seconded by Co..is.ioner Sasse, that Statt be directed to develop an Interlocal Agreement betKeen the City ot Naples and Collier County, authorizing the rezoning and the DRI revi.w tor the Sallstatt DRI, to be brought back to the Board. Commissioner Volpe suggested that a provision be included in Commis&ioner Shanahan's motion i:1dicatinç that thl!' County will handle the inspections and issuance of the building permits, and that the question of subsequent rezones and substantial deviations be addressed. Co..issioners Shanahan and Hasse accepted the aaendaent. Upon call tor the question, the motion carrie~ unani.ously. It...11 BUDGET AHEKDMENTS 89-150/151 ~p 89-154 - ADOPTED Comaissioner Volpe moved, seconded by Commissioner Hasse and carried unanimously, that Budget Amendments 89-150/151 and 89-154 be adopted. Ite. #12B E-911 NORKSSOP TO BE HELD ON 4/18/89 AT 2:00 P.M. It was the con&ensus of the Commission that the £-911 WlJrkshop be held on April 18, 1989 at 2:00 ?M. It:ea .12C SEMI.OLE VILLAGE CLEAM UP ALLOWED FREE USE OF LANDFILL AS A RESULT 01' RECUT FIRES Commissioner Goodnight stated that as a result ot a fire last Friday in the Seminole Village area, a number of chickees w<!re ¡it, Paçe 44 .. ------------ .-_. ..-.---.---.. " APRIL 11. 1989 destroyed. She noted that the Seminole Tribe leaders have requested a cleanup which would allow them to deposit the trash at the Landf ill. Co..1ssioner Goodnight moved, seconded by Commissioner Hasse and carried unanimously, that the Seminole Village be alloKed tree use ot the landtill tor disposal ot debris trom the tire. ..... Co..iaa1oner Goodnlght moved, seconded by Commissloner Shanahan and carried ~an1mously, that the tollOKing ltems under the Consent Agenda be approved and/or adopted: ..... Ite.. .14Al PROPOSALS AUTHORIZED FOR PLANNING CONSULTANTS TO ADMINISTER THE COMMUKITY DEVELOPMENT BLOCK GRANT PROGRAM AND APPOINT A SELECTION COMMITT1!tE ., ._------'---------,---- . - ----- '----'----- A five member sell~ctioll committee to include representatives from the Housing and Urban r mpl'ovemen t Deparl:ment, the Purchasing Department, the County Mallayers Department, the Community Development Services DivIsion and the County Agl'icultur.. Depdl.tmf'.nt ill Immokalee P:em #14A2 FINAL PLAT OF PLANTATION - WITH STIPULATIONS 1. That the Escrow Agreement be accepted as security to guaran- tee completion of the ~;ubdivision improvements. 2, That the recording of the final plat of Plantation be authorized. 3. "hat the ChaIrman be authorized to execute the Construction and Maintenance Agreement. See Pages 4t;-fi. / - ¡L~ð Ite. .14A3 REPLAT OF TRACT" A" L~IT TWENTX-THREE OF MARCO BRACH Ite. #14Cl CONTINUATION GRANT FOR FUNDING UNDER THE FLORIDA COMMUNITY CARE FOR THE ELDER!. Y ACT (ARU._AGENCY OM ,f...GINg,L See Pagf's -49-:.lJ.J. ~--13. ,,--. Item #14Dl SEWER FACILITIES ACCEPTANCE - ROYAL MARCO WAY .. Recorded in OR Book 1432, Pages 150-179 It.. .14D2 RESOLUTION MO. 89-100 AUTHORIZnlG EXECUTION OF UTILITIES RELOCATION AGREEMENT WITH FDOT FOR RELOCATION AND CONSTRUCTION OF WATER/SEWER LINES ON S.R. 951 BETWEEN APPROXIMATELY MAINSAIL DRIVE AND THE MARCO ISLAJfD BRIDGE; AND RE-EXECUTE REVISED F.D.O.T. AGREEMENT FORMS FROM APPROXIMATELY MAINSAJI.. - ~~~...1:9.-l'ORT-AU-PRINC~ _ROAD. Page 4ð /17 ._,--" .,...,,---.-..-...,-..,...., ~ . ..~".,"---"_w.._" w. . "-'-'-"-"-~-'" """'---'-"""""""-'" .,....--- APRIL 11, 15189 See Pages -Ø~. I - (j. . '7 Ite. .14D3 StnfEJ\ AJfD WATER F~ÇILITI_~~ ACCEPTIJfCE - GLEN~,9!-ES I - A COKDOI!,INIUM Recorded in OR Book 1432, Pages 138-149 Ite. .14D. SEWER AND WATER FACILITIES ACCEPTANCE - SEA PINES AT BAY FOREST Recorded in OR Book 1432, Pages 180-2Q,L Ite. .14El BID '8g-1382 FOR ELEVATOR MAINTENANCE OF THE GOVERNMENT COMPLEX BUILDING - AWARDED TO WEST COAST ELEVATOR FOR AN ANNUAL AMOUNT OF $9,300,00 -------,---- _.-.._- '----'--"----'--'--, - Legal notice having been published in the Naples Daily MeK8 on March 8, 1989, as evidenced by Attidavit ot Publication tiled Kith the Clerk, bids were received until 2:30 P.M. on March 22, 1989, tor Bid '8g-1382 tor aaintenance ot elevator at Courthouse. Ite. .14E2 REQUESTS FOR PROPOSALS AUTHORIZED FOR THE COUNTY'S EMPLOYEE ASSISTANCE PROGRAM AHP_.APp.OnrrMElfT OF SELECTION COMM;rTTE~ A five member selection committee to include representatives fro~ the Human Resourc~s Department, the Purchasing Department and the Administrative Services Division Ite. '141'1 EMERGENCY REPAIRS TO FIRE-FIGHTING EQUIPMENT (BRUSH UNIT '4645) FOR OCHOPEE FIRE DISTRICT IN THE AMOmrr OF $6,860.00 - Ite. .141'2 DONATION FROM MR. & MRS. CHARLES HENDERSON TO COLLIER COUNTY AND ISLE OF CAPRI FIRE DISTRICT OF A 1987 17' BOSTON WHALER AND 60 H.P. QgTBOARD MOTOR FOR ~~g~~~SERVI~~~_~ ACCEPTED '-- Ite. #14G1 BID .89-1372 FOR A 16 YARD JOHN DEERE SELF-LOADING SCRAPER AWARDED TO NEn MACHINERY IN THE AMOUNT OF $IlL 925.0'2.__, Legal notice having been published in the Naples Daily News on February 14, 1989, as evidenced by Attidavit ot Publication tiled with the Clerk, bids Mere received until 2:30 P.M. on February 23, 1989 tor Bid #89-1372 tor a 16 Yard Selt Loading Scraper. Ite. #14Hl BUDGET AMXKDMEKT IN THE AMOUNT OF $35,863 RECOGNIZING CARRY FORWARD FROM FY 87/88 FOR FUND 151, SABAL PALM ROAD a:rrENSION M.S.T.D. Page 46 /gl -_...... r ..-,.. --"-_.- .-..-,------..--.-. ....- APRIL 11, 1989 It.a .16H2 DELETED Ite. .1483 RESOLUTIOR 89-101 CONFIRMING APPOINTMENT OF THE COLLIER COUNTY BEACH ROURISBMENT AD-HOC STUDY COMMITTEE See Page -Jt_f- no I Ite. .1484 MOVED TO 9H2 Itea .1411 CERTIFICATIORS OF CORRECTIOR TO THE TAX ROLL AS PRESENTED BY THE PftOPDTT APPRAISER 'S OFFICE 1988 TANGIBLE PER~9NAL PROPERTX 1988-88/94 3/29/89 - 4/4/89 Ite. #14I2 EXTRA GAIR TIM! FOR INMATE NOS. 46402, 24217, 42931, 14914, 51\394, 1\7575, 151369, 32532, 41427, 38260, 36783 Itea 614I3 SATISFACTION OF LIEN ~QR-2jmVICE~ OF__1'IJ~__E'UB~E~~NDER See Pages .-/tJl~ £~~_E. ~ It.a 614I MISCELLAREOUS CORRESPOND~NCE - FILED AND/OR R~FERRED There being no objection, the following miscellaneous correspon- dence was filed and/or referred to the various departments as indi- cated below: 1. Notice dated 3/13/89 from Division of Administration Hearings re Case No. 89-001299GM 88-NOr-l, is now before the Division of Administrative Hearings and Hearing Officer Robert E. Meale has been assigned to the case regarding Collier County vs. Dept. of Comm~nity Affairs, xc: Neil Dorrill; Ken Cuyler; Frank Brutt; Stan Litsinger; and filed, 2, Letter dated 3/29/89 from Paul R. Bradshaw, Director, Division of Resource Planning and Management, DCA, selecting Bill Bryant as mediator concerning Collier County's Comprehensive Plan. XC'.: Neil Dorrill; Frank Brutt; Ken Cuyler; Stan Litsinger; and filed. 3. Letter dated 3/31/89 from Philip R, Edwards, Deputy As~istant Secretary, DER, enclosing d proposed Consent Order to resolve OGC Case No. 89-0183, Collier County - SW, ~:c: Neil Dorrill; Bill Lorenz with original document; Bou Fahey; and filed, <I. Public Notice dated 3/30/89 from Alfred B, [)pvereaux, Jr., Chief, Bureau of Coastal Engineering and Regulation, DNR, advising that Collier County has filed an application to dredge approximately 700 cubic yards of sand material from Clam Pass and to place the dredged matez'ial as beach f 111 on the allj¡¡ct~nt downdrift shore- line, xc: Kevin O'Donnell; George Archibald; and filed. 5. Letter dated 3/31/89 from Jane Polkowski, Public Health Director, attaching the HRS Collier County Public Health Unit's first quarter Contract Management Report of activities and expenditures for 1988/89 contract year, Filed, Page 47 IS'! .. .,- ~----'."'-"'.'-'" , "."'0 .-..." .... -. .II,PRIL 11, 1989 6. Letter dated 3/29/89 from Hugo D. Menendez, Secretary, Department of Labor <tnd Employment Security. advising several new laws con. cerning dislocated workers were passed by the US Congress and the President and enclosing a list of Florida PICs, Regional offices, summary of laws and copy of le~ter that was mailed to all Florida employers, xc: LC'c) Oehs; Tc'm Whitecotton; and f 11 ed. 7, Letter dated 3/28/89 from Holly A. Harmon, Attorney, ~ieberfarb, Treiser. Kobza & Leigh, advising that they are representing Jay R. Sharp Jr., and Kevin J. Thomas in connection with injuries suf- fered by them as a result of an automobile accident which occurred 9/21/88. xc: Ken Cuyler; Leo Ochs; and f 11ed. 8. Minutes received and filed: A. 3/16/89 - Fire Consolidation Study Group and 3/30/89 Agenda 9. Letter dated 3/24/89 from Janet Cason, City Clerk, Cl ty of Naples, encloO:iing Ordinance 89-5766, and a complete legal description of the City of Naples including the boundaries after the annexation referendum ;)f March 7, 1989. >:c: Nell Dorr111 (with ordinance); Tom McDaniel (wi th ordin,HIC'!); and filed, 10. Notice to Owner dated 3/27/89 from Material Services, rnc.. advising that they have furnished structural steel, steel joists, joist girders, metal fabrications and other ferrous metal for the New Courthouse and Connecting I.ink, under an order given by Kraft Construction Company. Inc, xc: Skip Camp; Mike Arnold; and f 11ed. 11. Notice of Intention received 4/3/89 from t'SC re Application o~ Florida Cities Water Company, for approval to increase its water extension and plant capacity charges in its Golden Gate Division. xc: Ken Cuyler; Mike Arnold; and f 11ed, 12, Application dated 3/31/89 to PSC from Florida Cities Water Company Golden Gate Division re change in extension and plant capacity charges. xc: Ken Cuyler; Mir:e Arnold; and filed. 13. Interim Surface Water Improvement and Management (SWIM) Plan for Lake Okeechobee received from SFWMD 3/20/89 and notice advising that a series of Publ i c Meetings will be held to discuss the Policy and Technical aspects of developing the necessa:'y Ru 1 es to implement the Water Quality portion of the plan. xc: BCC; Ne11 Dorri1J; B111 Lorenz; and f 11ed, 14. First draft of Rule 40£-61 rece. i ved from SFWMD 4/3/89 re Works of the District in the Lake Okeechobee Basin, proposed to implement the Surface Water Improvement and Management (SWIM) Plan for Lake Okeechobee Water Quality, xc: Bi 11 Lorenz; and filed. 15. Case No, 88-2868-CA-OI-HDH, Collier County, Florida, Plaintiffs, vs. Harold E, Krantz and Gwen Krantz, et al" Defendant Guy Carlton, Tax Collector's Pretrial Statement ¡'eceived 3/30/89 from the Twentieth Judicial Circuit. xc: Ken Cuyler; and filed 16. Answer of Judgme,. t Creditors, Evelyn and Francisco Robles, re Case No. 89-472 CA 01 HDH, ColUer County, Florida, Plaintiff v. Robert E. Smith, et al" defendant. received 3/31/89 from the TwenUeth Judicial Circuit, xc: Kt:'n Cuyler; and f iJ ed . . .. There being no further busin~ss for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 2:20 P.M. I/o Page 48 ~",'-"".'-"-'" -" ._.. ...... APRIL 11, 1989 BOARD OF COUNTY COMMISSIONERS/ BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL þ~~ tURT L. SAUNDERS, CHAIRMAN ATTEST:"'b' JAM~S;.~~.d,~i~,~, CLERK ~ 4i _::'~, £}, C. '~,' 'these minu~s approved by the Board on ??? 7' 0<., /j'?( as pre~pJe4, -' ~ or as corrected " ,~".. /'fl Page 49 -----., .- .. ,......-.---- .............,-..,....,..-...,.--.-. ,