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BCC Minutes 02/14/1989 R Naples, Florida, February 14, 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 ha"ing conducted business herein, met on this date at 9:00 A.M. in REGULAR SESSIOR in Bu ilding "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 ABSENT: Anne Goodnight ¡ ALSO PRESENT: James C. Giles, Clerk; John Yonkosky, Finance Director; Maur~en Kenyon and Ellie Hoffman, Deputy Clerks; Neil Dorrill, County r~anager; Ron McLemore, Assistant County Manager; Brian MacKenzie, Assistant to the County Manager; Tom O:liff, Acting Comm~nity Development Administrator; Ken Cuyler, County Attorney; David Weigel and Brenda Wilson, Assistant County Attorneys; Tom Crandall, Utilities Administrator; L'::!o Qchs, Administrative Services Administrator; Ron Jamro, Museum Director; Philip Scheff and Dwight Nadeau, Planners; George Archibald, Public Works Admillistratc;r; Kevin 0 I Donne 11, Public Services Administrator; William Lorenz, Environ- mental Services Administrator; Harry Huber, Assistant Public Works Admini3trator; Jim Burch, Natural Rescurc~s Technician; Nancy Israelson, Administrative Assistant to the Board; and Deputy Tom Storrar, Sheriff's Department. t Page 1 l .4. "-'-""-..--.,... ...... . ........"...--.......... '-'-"'~---'--'---" FEBRUARY 14, 1989 Tape ~1 It.. .3 AGDDA AXD COHSENT AGENDA - APPROVED AS AMENDED Co..issioner Shanahan aoved, seconded by Coaaissloner Haase and carried unaniaously, that the Agenda and Consent Agenda be approved as aaended: 1. I(em 5C Added - rroclamation designating week of February 13, 1989, as "Southwest Plorida Folklife Week". (County Manager) 2. Item 5D Added - Employee Service Awards for Val Prince, Engineering Dept. 15 years; and Michele Coates, Transportation, 5 years. (County Manager) 3. Item 6C5 Withdrawn - Petition AV-88-029, Mark Lamoureux. (Petitioner's Request) 4. Item 12A re appointmeI¡ts to the Marco Island Beachfront Renourishment Advisory Committee to be heard first. 5. Item 14B1 moved to Item 981 re rental of equipment to perform site work at the Collier County Fair Grounds. (County Attorney) 6. Item 14C1 Wi thdrawn - re budget amendment for the East Naples Branch Library Construction. (Board approval not required) I. Item 14E2 continued to March 7, 1989 re rescinding software product services agreement with Digital Equipment Corp. (Staff request) 8. Item 14HI moved to 9H2 re negotiation of a retainer agreement with CTIC Associates for CATV franchise application review and consulting services. (County Attorney) 9. Item 632 continued to February 28, 1989, re Petition R-88-22C, Sutter Marcus, Inc. 10. Item 6C2 continued to February 28, 1989, re Petition SMP-88-6, Sutter Marcus, Inc. 11. Item I4A2 moved to 9A2 re 50ftware contract with Cameo Software, Inc. for building permit tracking software. (Commissioner Volpe) Commissioner Saunders indicated that Petitions R-87-43C and R-88-25C are rezone petitions and due to the fact that there is not a full board, the Petitioners have the right to request that the items be continued until there is è full Commission. Both Petitioner's requeoted that the petitions be heard this date. Page 2 1 -,,_...._,-- ,..,..-. '-"""'-"""""',"'0"" FEBRUARY 14, 1989 IteJa .ðA PROCLAMATIOK RECOGNIZING AND COMMENDING FRED VIDZES FOR HIS EFFORTS AS ADKIKISTRATOR Fea THE BIG CYPRESS BASIN BOARD - ADOPTED Upon r~ading of the proclaaatlon by Coamlssloner Saunders and pre- senting a... to Fred Vldzea, Co..lss1oner Sh-n.han aoved, -concted by Co..issloner Haase and carr led unanimously, that the proclaaation re.::ognizi~-9 and comaending. ~ Vldzes for his efforts as Adainlstrator tor the Blg Cypress Basin Board, be adopted. of Page 3 t --,..,-...-.....-.-- ,---..-.. -~---_._--",-, ",-,.",----"....""....".. FEBRUARY 14, 1989 It.. ftB PROC'I..&IaTIOJr DESIGJrATIBG FEBRUARY 19-25, 1989 AS "ElIJGIJrDRIJrG WEB" - ADOPTED Upon reading ot the proclaaation by Co..lssioner Volpe and pre- senting same to John Dyer, Co..lssloner Haase aaved, seconded by Coaaissioner Saunders and c: .-led unaniaously, that the proclaaat1on designatlug ~ebruary 19-25, 1989, as "Englneering Week", be adopted. Page " 1° ".,.. ...,..--- .. ...... -.-, .,..-,-..-....- ,-.."-..,,. FEBRUARY H, 1989 It.. .!5C PROCL.\MATIO. DESIGKATIRG WEn or FEBRUARY 13, 1989, AS .SOUTHWEST :rLORIDA I'OLXLIFE WEn" - ADOPTED Upon readlng of the proclaaat1on and presenting.aae to Ron 3aaro. Museua D1rector. Co..lsslone~ Sh.nRh.n aoved, seconded by Coaai..ioner Baa.a and carrIed unanIaoU81y. that the procl...tlon designating the week ot ~ebruary 13, 1989, as .Southwest rlorida rolklite Week.. be adopted. Mr. Jamro stated that the Folklife Festival will be held on February 18 and 19, 1989 on the Courthouse Complex grounds across from Building "W" and invited everyone to attend. PaSle 5 ..-- -_..~..._-_. ,.---..---.----.... ",. FEBRUARY 14, 1989 ..~ q, .':. . .~ It.. .SD IMPLOY&E SERV'lCE AWARDS - PRESElITED Commissioner Saunders presented employee service awards to the following employees: Val Prince - MSTD/Special Assessments 15 years (Absent) Michele Coates - Transp .ation Department 5 years Itea .12.\ RESOLUTIOK 89-29 APPOINTIRG ROBERT ATWOOD, FRAHI: B L.AX CHARD, MICHAEL GLIMJ:, MARGARET OLLEY AND LEOKARD LLEWELLYX TO T1Œ MARCO ISLAJm BUCHFRONT RDOURISHMDT ADVISORY COMMITTEE - ADOPTED Administrative Assistant to the Board Israelson stated that on January 10, 1989, the Board adopted Ordinance 89-03 creating the Marco Island 8eachfront Renourishment Advisory Committee which is to be comprised of five members who reside within the ta;¡:ing district. She indicated that a press release was issued and posted and a total of 9 resumes were received, which are included in the executive summary. She noted that the initial terms of the members are to be staggered and she would suggest that the members take care of this matter them- selves at their first meeting. Mrs. Charlotte Westman, representing the League of Women Voters, questioned if there is a need for this board for four years or more as this is a one time renourishment program which should be completed within about two years. Commissioner Saunders indicated that the ordinance provides for review of the committee as well as the terms of the office, adding that if the program is completed prior to the four years, the Board has the right to dissolve the committee at any time. Mr. Frank Blanchard, Marco Island resident, stated that he ls ln favor of this matter and would urge that the Board take affirmative action. Commissioner Saunder~ indicated that all the applicants are well qualified and it was difficult to decide on which would be th~ best five people to select. C~lssloner Shanahan aoved, seconded by Co..1ss1oner H.... and Pag8 6 ,t{. - .-....--. , ~-,--" '-"'----"-'."'" .- ~. nBRtJARY 14, 1981 carried unan~ly, that Resolutlon 89-29 appointing Robert Atwood, J'r ank Blanc bar c! , Michael Gliae, Margaret I:elley and Leonard Llewellyn to the Marco Island Be~chfront Renourlshaent Advlsory Co..ittee be adopted. Page 1 It "",.,---,-------_. -""""" ".,- -, ..-,---- FEBRUARY 14, 1989 It.. ~B1 ORDIKAKCE 89-8 RE PETITION R-87-43C, BUTLER DGIlŒERI1fG, INC., IlU'RESDTIlIG QUAIL WOODS E:3TATES DEVELOPMENT CORPORATIOII, RE A REZon FROM A-2 TO RMF-6 1'OR 112 I<ULTI-1'AMILY UK~TS FOR PROPERTY 011 THE SOUTH SIDE 01' IMMOKALEE ROAD EAST 01' AIRPORT ROAD - ADOPTED SUBJ1tCT TO PETITIOlfER' S AGREEMEH'l' - Legal notice having be~~ ~"'blished in the Naples Daily News on January 26, 1989, as evidenced by Affidavit ~f Publication filed with the Clerk, public hearing was opened to consider Petition R-81-43C, f 11ed by c. Butler Engineering, Inc. representing Quail Woods Estates Developm~nt Corporation, r!!queating a rezone from A-2 to RMF-6 for 112 multi-family units for property located on the south side of Immokalee Road approximately 3/4 miles east of Airport Road in Section 25, Township 48 South, Range 25 East, consisting of 18.11 acres. Planner Scheff stated that lands to the north, across C.R. 846, are zoned RSF-3; lands to the east are zoned A-2; lands to the south are zoned RSF-2; lands to the west are zoned for the Regent Park PUD whlch is a single-family and multi-family residential development. He indicated that lands to the north, across C.R. 846, are undeveloped woodlands and encompasses a drainage canal; lands to the east are unde- veloped woodlands; lands to the south contain road right-or-way, two single-family homes and undeveloped woodlands; lands to the west are undeveloped woodlands, vacëmt land, and single-family homes. He noted that the subject property js located in an area that is gradually transcending from undeveloped woodlands to urban land uses. He stated that the property is served by a road known as "The Lane" which also provides the only direct access to the Quail Woods Estates subdivision which is presently being developed to the south. He noted that the project will be well serveð by transportation facilities and is located midway between Airport-pulling Road to the west and I-15 to the east and has direct access onto to Immokalee Road. He indicated that Immokalee Road is operating at Level of Service "C" or better at this time and will be upgraded from a t~o-lane road to a four-lane arterial in the near future in this location. He stated that the pro- Page 8 ,1 -... ...- ,.._, -""--"".,-,..".- ......- FEBRUARY 14, 1989 ject is consistent with the Growth Management Plan and will provide a needed housing type as well as being compatible with surrounding pro- perties. He noted that the cCPC held their public hearing and unani- mously recommended approval subject to stnff stipulations and an additional stipulation regarding a 50 foot right-of-way. He stated that no one spoke for or aga~nat this project at the CCPC hearing and no correspondence has been received. He indicated that subsequent to the CCPC hearing, it was determined that additional language was needed to ensure that the proposed project could be built at the maxi- mum grosa density of 6 units p~r acres and, therefore, Stipulation "un of the executive summary was amended to read as follows: "The Petitioner shall convey a perpetual easement to the County across the north 50 feet of the subject property, less the previously dedicated right-of-w~y, for road right-~f-way purposes. The easement shall be in a form to be approved by the Collier County Transportation Dirpctor. Conveyance shall be shown on the replat of the Edgewild Plat (consistent with Stipulation p.). Conveyance of the easement shall not affect the requested number of units as contalned in the petition. In addition, this project shall be built to conform to all of the development standards of the RMF-6 Zoning District." He noted that it is the recommendation of Staff that this petition be approved subject to the GCPC stipulations and the stipulation as changed by Stat! . Commissioner Hasse questioned what type of impact is placed upon the water when developments are continuously being approved in the North Naples area, to which Utilities Administrator Crandall stated that the pressure in the area has been lowered to reduce the volume, but there is adequate water available. He noted that the p~r capita consumption h~s been lowered so that there is less demand on the groundwater supply. Utilities Administrator Crandall stated that normally the pressure is 78 pounds per square inch at the plant and 45 pcunds per square Page 9 5 1 \ t ' '--"-"""'----" ....-."..-,----.. ._..~--,,--,-_.._-....--. .. -,------..,-.-.., ",,"""""""""""""'" FEBRUARY 14, 1989 inch at the end of the system, but the pressure at the plant now ill 60 pounds per square inch anð 45 pounds per square inch at the end of the system. Mr. Gary Butler of Butler Engineering, r~presenting Quail Woods Development, stated that whet. .hey come in for building permits all issues are addressed and if there were any problems, they would be resolved at that time before any permits were issued. He noted that his client owns the 64 acres to the south of this project and the County is supplying water to that project. He stated that Immokalee Road will be four-laned and they have dedicated a 50 foot right-or-way for that widening. He indicated that "The Lan~" is a one mile cul-de- sac which they are trying to improve so that it does not look llke a runway. H~ noted tha~ they are adding islands in the roadway, guardhouses, and provisions that will break up the effect of a runway. He noted that this roadway will provide circulation for fire trucks. He reported that they would like to realign the road and he will be coming in next week with such plans. Coaaiaaloner Shanahan aoved, seconded by Co..lssloner Baase and carried unan1aously, that the public hearing be closed. Co..issioner Sha~~han aoved, seconded by Co..lsaioner Baaae and carried unanlaous17, that the ordi~ance as nuaberad and tltled below be adopted and entered lnto Ordinance Book .0. 34 subject to the peti- tioner'. agreeaent and the aaendaent of Stlpulation RUR: ORDIKUCE 89-8 AN ORDINANCE AMENDING ORDINANCE 82-2 THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 48-25-7 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY FROM A-2 TO RMF-6 FOR PROPERTY LOCATED ON THE SOUTH SIDE OF IMMOKALEE ROAD (CR-846), APPROXIMATELY 3/4 MILES EAST OF AIRPORT ROAD IN SECTION 25, TOWNSHIP 48 SOUTH, RANGE 25 EAST, CONTAINING 18.71 ACRES MORE OR LESS; AND BY PROVIDING FOR AN EFFECTIVE DATE. ~'. f'c f :;' . i:J ,1~ ~, ~r Page 10i ,;~: ~:í .. ;~) 'r, '. 1 , ,. . ~}.; .~-'"'..'-- . ~ ,-.-..--.--,-." .,--..--,..- FEBRUARY 14, 1989 It- nB3 ORD~CE 89-9 RE PETIT:OK R-88-2ðC, SAJO'ORD L. SELl GMAJI Alrn S1ŒLL Y O'STEEK OF LAKDCOM, IKC. REPRESEKTIBG 3ACX QUEEI, REQUESTIKG A REZOKE FROM RSF-4 TO PUD, TO BE D<JWK AS GARDD LAD APARTMElITS PtrD, FOR PROPERTY LOCATED OB THE SOUTH SIDE OF LAX! TRAnORD ROAD APPROXIHATELY 3/5 MILE WEST OF SR-29 IB IKMOKALEE - ADOPTED SUBJECT TO PETITIOKER'S AGR1ŒMEJIT AXD STIPULATIOB Legal notice having been published in the Naples Daily News on January 14, 1989, as ~videnced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition R-8B-25C, filed by Sanford L. Seligman and Shelly O'Steen of Landcom, Inc. representing Jack Queen, requesting a rezone from RSF-4 to PUD to be known as Garden Lake Apartments PUD, for property located on the south side of Lake Trafford Road approximately 3/5 mile west of SR-29 in Section 32, Township 46 South, Range 29 East, Immokalee. Planner Weeks stated that the subje~t property consists of 1.29 acres. He indicated that the petitioner is proposing to develop the site with 66 multi-family rental units including the managers unit, and accessory recreational and water management uses, in accordance with the multi-family entry level housing section of the Zoning Ordinance. He noted that the petition is consistent with the Growth Management Plan and will have a gross density of 9 units per acre, He stated that lands to the north, across Lake Trafford Road, are zoned RSF-4; lands to the east are zoned C-3, Commercial Intermediate, and MHSD; and lands to the south and west äre zoned RSF-4. He indicated that to the north is a developed single-family subdivision; to the east is a beverage drive-thru business and a developed mobile home subdivision; to the south is vacant land; and to t~e west is a deve- loped single-family subdivision and a small vineyard, He noted that the CCPC reviewed this petition and recommended approval subject to the stipulations contained in the petitioner's agreement sheet, addlng that no one spoke for or against this petition and no correspondence has been received, therefore, the Staff recommendation is for appro- val. Commissioner Volpe indicated that the reports state that the Page 11 ~~ " .., ,----,.., "" '--"'--'-'- ....- ,., ....- , , FEBRUARY 14, 1989 Immokalee Water and Sewer District reviewed this petition and they are reasonably sure that they can accommodate this project with the required utilities. He stated that the report does not indicate that they will be able to serve this project and he is uncomfortable with aprroving such a project without assurance of being able to receive utilities. Planner Weeks indicated that there will not be any building per- mits issued until there is positive assurance that this project will be served with the required utilities. Acting Community Development Administrator Olliff stated that there is a current main expansion underway at this time which will provide the necessary flows for this project and that at the time of the subdivision master plan stage and the building permit stage, it will be deterre\ned if there are sufflcient levels of service for this project. He noted that if the level of service has not been demonstrated, there will be no construction begun. Ms. Shelly O'Steen, of Landcom, Inc. representing Jack Queen, stated that under the new Growth Management Plan, this project is only asking for half the development that is allowed under affordable housing. She stated that they would not begin to develop anything without being assured of being able to receive water and sewer as this project will have a $2.5 million loan on it which has to be paid. She noted that before building permits are requested, she will have the assurance for the utilities. Commissioner Hasse questioned what the rents would be if this houslng is considered affordable housing, to which Ms. O'Steen indl- cated that this project will be through Farmers Home Administration which allows a longer period of time for repayment and will allow them to have lower rents than a lot of other projecta. She stated that the rents will be around $200 a month or $220 a month as there will not be the extra amenities of a swimming pool, tennis courts, etc. She stated that this will be clean, safe, decent housing for people that ." " 'j Page 12: 1 . .:{t~ / .1i 1,- ~ . :r ,---,_.._",--"".""...,,......_-. .. ~_..,-" " ..n , --_._'"..~-,..- .. . .....-..."..."" FEBRUARY 14, 1989 cannot aftord $400 or $500 a month rent. She stated that there i. no rental assistance or vouchers, adding that the only subsidy that is involved is in the length of the mortgage which allows them to charge a lower rent. She sta~ed that a renter h~s to meet certain require- me~ts in order to qualify to rent one of the units. She stated that they operate similiar projects in Immokalee and they have a waiting list of two years, which means that there is a definite need for this project. Commissioner Volpe stated that this project is lOot affordable housing and questioned if it would be exempt from th~ Library and Parks Impact Fee Ordinances, to which Acting Community Development Admlnistrator Olliff stated that the rental ranges are within the range in the ordinance which means that they would be entitled to a rebate as oppoued to an exemption. Commissioner Saundera questioned when construction will begin, to whir.h Ms. O'Steen replied immediately, adding that a letter will be received from the Immokalee Water and Sewer District prior to construction. CO8a1aaloner Shanahan aoved, aeconded by Co..lasloner Baa- and carried unanlaoualy, that the public hearlng be clo_d. Coaaissioner Shan-hen aoved, seconded by Co..iaaioner H..se and carrled unanlaously, that the Ordlnance .. nuabered and titled below be adopted and entered lnto Ordinance Book Ro. 34 subject to the Petitioner's Agreeaent and subject to receivlng a letter fro. the Iaaokalee Water and Sewer Dlstrlct lndicating that they will provide water.and....r to this project: ORDlXARCE 89-9 AN ORDIlIANCE AMENDING ORDINANCE 82-2 THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 46-29-9 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM RSF-4 TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS GARDEN LAKE APARTMENTS, FOR PROPERTY LOCATED ON THE SOUTH SIDE OF LAKE TRAFFORD ROAD APPROXIMATELY 3/5 MILE WEST OF SR-29, IN SECTION 32, TOWNSHIP 46 SOUTH, RANGE 29 EAST; AND PROVIDING AN EFFECTIVE DATE. ;' Page 13 ; ; , .--.----.".--.", ..' . ""'.'----"-'--'--"" "",..',., """"..'...,..', """" "_...,.,.,,,. ".","-"'~"'-"'" ."....-.,.,.-,.-, """""-'--""""-- ., 1989 .~: FEBRUARY 14, ::¡'\J . , ,. It.. Hel RESOLUTI~ 89-30 RE PETITIOW CCCL-88-l8C, WILSOW, MILLER. BARTOW, SeLL i: PEn. Iwe.. REPRXSEB'rIKG EQUITY SOUND DiNELOPMJ:1fT GROUP. RE A 50"FOQT VARIAJlCE PROM THE COASTAL COWSTRUCTIOR CONTROL LIU TO ALLOW FOR A eOJrSTRUCTIOW ACCESS AREA SEAWARD OF THE PROPOSED S1tAPOIJrT AT RAPLES CAY - ADOPTED SUBJECT TO STIPULATIORS Legal notice having been published in the Naples Daily News on January 29, 1989. as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition CCCL-B8-1Bc, filed by Wilson, Miller, Barton, SoIl & Peek. Inc. representing Equity Sound Development Group, requesting a 50 foot variance from the Coastal Construction Control Line to allow for a construction access area seaward of the proposed Seapoint at Naples Cay Building, part of Government Lot 1, Section 26, Township 49 South, Range 25 East. Natural Resources Technician Burch stated that this is a variance from the Coastal Construction Control Line for Naples Cay project. He stated that this site has been inspected by the County staff and there are no environmental considerations or complications with regards to temporary use of the site as a construction storage area. He indi- cated that Staff recommends approval subject to the stipulations con- tained in the resolution. Commissioner Hasse questioned what impact there will be on the shoreline in this area in the future, to which Mr. Burch indicated that since this area is proposed for a temporary use only, the effects would be minimal. He noted that there is a condition that will require revegetation of the habitat in this area. Commissioner Saunders stated that the environmental staff protects the beaches and if there was going to be a negative impact, they would indicate such and recommend denial. Environmental Services Administrator Lorenz stated that the rules allow for certain variations for reasonable use and after revlew and assessment of this project, it was determined that this request is reasonablet. Commissioner Saunders stated that he understands that the equip- Page 14, g I '" _._, ,....-.. -"""'-'---'-- FEBRUARY 14, 1989 ment will be placed on an area of sand with no intention of damaging any vegetation or sea life. Commissioner Husse questioned if anyone from Staff visited this site, to which Mr. Burch indicated that Natural Resources Technician Stevens visited the site. Mrs. Barbara Cawley of Wilson, Miller, Barton, Soll «Peek, Inc., stated that th~ project is located behind the primary be~ch area and indicated same on an overhead map. She stated that the petitioner will only be using the site for about 1-1/2 years to store construc- tion materials. She stated that there is no vegetation in this area, noting that there used to be sand spurs and grass and the area will be revegetated and the dunes re-built along with a dune walkover when the project is completed. She stated that the impact to the area will be very mlnor. She noted that the area is 50 feet wide by 375 feet long. Commissloner Volpe questioned which Coastal Construction Control Line is being referred to? Mrs. Cawley indicated that she is referring to the existing Coastal Construction Control Line. She stated that this project has been ln the works for a number of years, adding that they have a control line variance from the State for an access road to the site. She stated that she has a DER permit for a small amount of work that needs to be done in the area and this is basically the last step in getting this building built. She stated that she needs approval from the Board before she can go to the DNR for their final permit. Commissioner Volpe questioned how many buildings are alre&dy constructed on this site, to which Mrs. Cawley indicated that there are no buildings constructed on this site at this time. She stated that there will only be one building on this site. Mrs. Charlotte Westman, representing the League of Women Voters, questloned if the petitioner has the permits from DER and DNR, 1:0 which Mrs. Cawley stated that there are two permits that are required, adding th~t a DNR permit was needed to construct the access drive to Page 15 ..",,--,---_.. "..-.. ..-.---- ~~. . - _0__."'" .......-..-....-., , FEBRUARY 14, 1989 the site and also one for a temporary construction access. She noted that they have the first permit, but the second permit is still needed. Mrs. Westman ~~cstioned if there is any dune area that will be destroyed, to which Mrs. Cawley stated that the activities will be 100 feet behind the dune area. She stated that with regards to the per- mit, DNR will not approve a permit without the Board approval. She noted that if the DNR approves this petition, they will put their own conditions on it, if necessary. Co8a1ssion6r Shanat..m aoved, s.conded by Co-lssioner Saun4er8 and carried unani8Jusly, that the public hearing be closed. C0aai8sloner Sh.n.t.a~ aoved, seconded by Co-issioner Volpe and carried unaniaoualy, that Resolution 89-30 re Petition CCCL-88-18C be adopted subject to the conditlons set forth In the resolution being . follO1Md to the letter of the law and subject to the ..tur.l Resource. )Ia....,., .nt Departaent's opinlon as it relates to iapact of the area. " i .~ ',~ ~ '. ""'1' ";~ ..~ Page 16 ,f 1~ ,i;} , ; .,., .. ""-'--~'""""'" "'00' "",..._"._," ..- ~ FEBRUARY U, 1989 ..... Race..: 10:20 A.M. - Reconvened: 10:30 A.M. at which tl.. Deputy Clerk Haffaan replaced Deputy Clerk Eenyon ..... Ita. nC3 RESOL~OK 89-32, PETITIOK AV-88-027, ~ EKOIHBERIKG, IKC. REPlUtSDTnrG I'RED GASTOK, VACATIOK 01' THE TWERTY I'OOT .ALLEY BISECTI.O BLOCX -B- 01' THE PLAT 01' IMMOXALEE, I'LORIDA - ADOPTED Legal notice having been p~blished in the Naples Daily News on January 29, and February 5, 1989, as evidenced by Affidavit of Publlcation filed with the Clerk, public hearing was opened to con- sider Petition AV-88-27, flled by Kuhlman Engineering, Inc., repre- sentlng Fred Gaston, to vacate the twenty (20') alley bisecting Block "B" of the Plat of Immokalee, Florida (Lots 1-24). Public Works Administrator Archibald stated that request ls being made to consider vacation of a 20' alley, located at the southeast corner of SR-29 and First Street in Immokalee. He indicated that the petitioner is requesting that 400' of the alley be vacated, which will allryw the development of the entire block, by consolidating all of the lots. He advised that the appropriate "Letters of No Objection" have been received from the pertinent utility companies, with the exception of a letter from the Immokalee Water-Sewer District. He advised that they have no objection to the vacation of the alley, but there i. a water line in the gravity system in a portion of the alley, and an agreement is being worked out with the owner to relocate the line. Mr. Archibald advised that Staff if recommending approval of this petition, with the condition that recording of the resolution be post- poned until an agreement :.as been reached between the owner and the Immokalee Water-Sewer District, and approval in writing has been obtained. Commissioner Volpe questioned whether the C-5 zoning of subject property will be a part of the zoning re-evaluation program within the next two years? Mr. Archibald replied affirmatively, noting that the location of this property is in the middle of town. In answer to Commissioner Volpe, Mr. David Sneed, representing the petitioner, stated that the two existing buildings on the referenced Page 11, ~1 .. 0,_... " "-'--." ,-.-...---,--, " ._-- FEBRUARY 14, 1989 property are a drive-~hru convenience facllity, and the other i. a canopy type storage barn. There were no speakers either for or agalnst this petition. C~.ioner Shanahan aaved, _conded by Co.ai..ioner Bae- and c.rried ./0 to clo- the public hearing. C~.loner Shanahan 8OVed, .econded by Co..l..ioner Bae- and carried ./0 to approve Petition AV-88-021, and adopt Resolution 89-32, - per Staff r~ndatione. , " 'ii, ,1" .:J': '"", 1;i J ~ 't '1 ~, Å t~ ~ . '" 11 "".~ ,/", l. '.~. "., '\; ,~ ~~ ------ '. - -. , _. , -.--.---,..--,...---,,""".....,.-..-.-....,.. ' , ...."".... -,..._--,- FEBRUARY 14, 1989 It.. #6<:4 RlSOLUTIOX 89-32, PETITIO. AV-BB-O26, HECTOR D. ABD MARIA V. PATnrO UQUESTUG VACATIO. OJ' THE SIX !'OOT SIDE USEMEBTS OR LOTS 2ð AJrD 26, BLOCX U, GOLDD GATE UKIT 3 - ADOPTED Legal notice having been published in the Naples Daily News on January 29, and February 5, 1989, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to con- sider Petition AV-B8-26, filed by Hector D. and Maria V. Patino, to vacate the six foot (6') side lot drainage easement and utility ease- ment located on the west 6' of Lots 25 and 26, Block 84 of Golden Gate Unit Three, for the purpose of building across interior slde lot lines in order to construct a four-plex. Public Works Administrator Archibald stated that the petitioners are requesting the vacation of the the 6' easement on the west side of Lots 25 and 26 to incorporate the properties to build a four-plex. He advised that "Letters of No Objection" have been received from the pertinent utility companies, and Staff has no ob~ection to this request. Commissioner Hasse questioned whether the proposed Golden Gate Mast~r Plan will be impacted by thls vacation? Mr. Archibald replied that the subject property is located to the east of the existing bridge, and ~he area of concern is to the west of bridge. Commissioner Hasse noted that the site plan reflects two 1,200 gal. septic tanks, covering the entire width of the property, and stated concerns that many of these septics are too close to adja- cent well systems. He questioned whether this would lmpact the adjacent properties? Tape n Mr. Hector Patino stat~d that there is a city water line at the rear of the property, and he has contacted the Health Department regardlng the two 1,200 gallon tanks, and they have no problem with this. There were no speakers either for or against this petition. Page 19 " 10 . ..-",,-..- - -~--" ......-..-".."...."."........,..-.., ......- .....-..,-,..,.."." ..... " FEBRUARY 14, 1989 . C--i...1oner Sb.n-ehtn aoved, ..conded by Co-.1..ioner Baa- and , carried 4/0, to clo.. the public hearing. C~..ioner S~.~ehQn aoved, seconded by Co..lssloner Haa.., to appr~ Petition AV-88-026, and adopt Resolution 89-32. Commissioner Volpe questioned whether the current RMF-12 zoning permits construction of a four-plex on the subject two lots? Mr. Archibald replied that under the present conditions, two units would be permitted on one lot, and another unit would be permitted on the other lot, but by consolidating the two lots, the petitioner wl1l have sufficient area to construct the four-plex. Upon call tor the questlon, the aotlon carried 4/0. .:;,. . .~ ¡: ....." ",~ ' ;l~;~' ~" ~" ; r , ~:", ,.; , '" }- '~, :1. ;f " . ,: ¡ , " ! ," , 1 ' , : t '~' " " r Page 20 ..-- .. ,,_.,--- rr - . "~" ----..-..---, -"-'-'--'-'---"'."""-'" ,,'. .' ,{,' FEBRUARY 14, 1989 ,~ ~;.:, Xt- Mea - 'U1:hdrawn ';:', '¿~.:" Xt_, nu - , , USOLtrrrOJr 89-33, PETITIO. PDPO-89-1, IRMA I. RIVERA RJ:QUESTDfG .. VAJU.UI'CZ noM THE MInMUM USE nOOD ELEVATION FOR PROPItR'l'Y A'l' 26& PORTItK ~X~T {LOTS 17 & 18, BLOCK 3, TRAIL ACRES ~T 3} - ADOPTED Legal notice having been published in the Naples Daily News on ~anuary 30, 1989, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition FDPO-89-1, filed by Irma I. Rivera, represented by Ms. ~udy Rosenbaum, Bond Schoeneck & King, requesting a 0.82 foot reduction from the Flood Insurance Rate Map (FIRM) 8' NGVD requirement to 7.18 feet NGVD, for the purpose of building a single-family home at 265 Porter Street, (Lots 17 and 18, Block 3, Trail Acres, Unit 3). Chief Technical Planner McDaniel indicated that this is an after- the-fact permit, adding that the house is pretty well under construc- tion. He advised that the Flood Damage Prevention Ordinance requires an elevation of 8.0' NGVD, noting that a portion of the house ls 7.18' NGVD. He stated that, had before-the-fact relief been applied for, he believes Staff would have recommended approval, since the lot is less than 1/2 acre and contiguous to surrounding grade levels, whlch complies with FEMA. Commlssioner Volpe questioned whether granting of this petition will result ln the subject house being a lower elevation than surrounding properties? Mr. McDaniel replied negatively, noting that surrounding properties are lower than Mrs. Rivera's house. Commissioner Volpe questioned the extent of construction of the house? Attorney Judy Rosenbaum, representing the petjtloner advised that the electrical work has been completed, and the fixtures are In. There were no speakerß either for, or against this petitlon. C~.ioner SÞ~n.~.n aoved, .econded by Co..l..ioner Baa.. and carried ./0 to close the public hearing. CO88da.ioner Sh.~.han aoved, seconded by Coaaissioner Volpe and ,,' .¡ , ". " Page 21 '!;,,'f. J:~~' _. ,...,.,...,..,..,......",.,..,..,..."...".,.....,................., nBIlUARY 1'. 1989 carried '/0 to approve Petitlon rDPO-89-1, thereby adopting Resolution 89-33. Page 22 iff , ..,........-" ......_........ ".,. . ... ,.-, FEBRUARY 14, 1989 It- .7A2 KESOLUTIOI 89-34, PET!TIOK V-88-22, WILMA "BILLIE" MOYER REQUESTIRG A IS rOOT VllIAJlCE FROM 'I'HZ non YARD SETBAl:J:: REQUlREMlŒ"1' FOR PROPERTY LOCAnD AT 4459 HOSEA COURT (FLAMINGO ESTATES) - ADOPTED Legal notice having been published in the Naples Daily News on Janu'iry 29, 1989, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition V-88-22, fileà by Wilma "Billie" Moye r, requesting a 5 foot variance from the front yard setback requi::-ement of 25 feet to 20 feet, in a RSF-4 zone for property described as ::'ot 11, Block "G", Flamingo Estates, (located o~ the north side of Rosea Court, approximately 455' east of the intersection of Roseate Drive and Rosea Court, Section 1, Township 50 South, Range 25 East.) Planner Nadeau advised that the Petitioner is requesting a 5 foot variance from the front yard setback of 25 feet to 20 feet, to add on to the front of the structure by enclosing it with a 7' x 16'8" screen enclosure. He noted that "Letters of No Objection" have been received from the Flamingo Estates Civic Association, and the adjacent property owners. He indicated that Staff has reviewed this variance request, and does not find that a hardship exists; therefore, recommerlding denial of this petition. He stated that the CCPC reviewed the peti- tion on January 19. 1989, and are forwarding same to the Board with a unanimous recommendat ion .:)f approval, subject to the following stipu- lation which has been incorporated into the Resolution: The proposed enclosure shall be used only as requested for a screened porch. The enclosure shall not be used as air con- ditioned living space. Mr. George Keller stated that normally he would be opposed to a request of this nature. but noted that he understands there are exte- nuating circumstances, that a partially invalid member of the family will be able to use the screened porch as a sitting area. There were no speakers either for or against the petition. Coaai_ioner Shanahan IIOved, seconded by Co..lss10ner Raes. and carrled 4/0 to close the public hearing. Page 23 ¡f ..".,....",., - FEBRUARY 14, 1989 Co..l..ioner Raase aoved, seconded by Co..lssloner Sha~ah.n and carried 4/0 to approve Petitlon V-88-22, and adopt Reaolutlon 89-34, subject to the stipulation, incorporated thereln. Page 24 11 . ",'....'".., FEBRUARY 14, 1989 It..'-¡A3 RESOLUTIOB 89-3~, PETITIOK CCCL-B9-1C. COLLIER C:JUBTY PARXS AND RECRUTIOJr DEP~r REQUESTING A VARIABCE FROM '1"H!: CCCL FOR COKSTRUCTIOK OF SIX DUðE NALXOVERS AND D~E REVEGETATIOK AT BaBITA BEACH PARX, BAREFOOT BEACH PARK., AND VANDERBILT BEACH PARK - ADOPTED Legal notice having been published in the Naples Daily News on January 29, 1989, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition CCCL-89-1C, filed by Colli~r County P~rks and Recreation Department requesting a variance from the Coastal Construction Control Line (CCCL) for the construction of !3ix (6) dune walkovers and to remove exotic species from the dune areas and revegetate with native dune vegetation for the following beach areas: 1. Bonita Beaçh Park: That part of Section 6, Township 48 South, Range 25 East, lying south of the right-of-way on BQnita Beach Road, north of Anquilla Lane, east of the Gulf of Mexico, and 800 feet west of Lely Beach Boulevard; 2. Barefoot Beach Park: That part of Section 7, Township 48 South, Range 25 East, lying north of the Barefoot Beach State Preserve, east of the Gulf of Mexico, west of Lely Beach Boulevard Extension; and 3. Vanderbilt Beach Park: That part of Section 32, Township 48 South, Range 25 East, west of the right-of-way for Vanderbilt Beach Road, sLuth of North Gulfshore Drive, north of the Ritz-Carlton Resort, and east of the Gulf of Mexico. Chief Environmental Specialist Burch advised that Staff is recom- mending approval. subject to the following stipulations: 1. If, for construction of the dune walkovers, it is necessary for vehicles to c'e on the beach, petitioner shall apply for a vehicle on th~ beach permit, subject to review and approval by ERM, prior to any construction activity. 2. Petitioner will not! fy ERM pdor to beginning work in front of the CCCL and shall contact ERM within two weeks following its completion. Commissioner Hasse noted that there have been complaints relative to the dune walkovers that have been constructed by the City of Naples, in that elderly people have a problem climbing the stairs. He questioned the type of walkovers that are anticipated for the sub- ject beaches? Public Services Administrator O'Donnell advised that the proposed walkovers will be ramps, rather than stairs. Page 25 .J'g -.""",....."""..,. '">'" ,..,....-..........--""""..,- --.. FEBRUARY 14, 1989 There were no speakers either for or against this peti tion. Coaalaaioner Shanahan aoved, seconded by Co..issioner Hasse and carrIed 4/0 to close the public hearing. Co..lssloner Shanahan aoved, seconded by Co..issioner Haase and carried 4/0 to approve Petltion CCCL-89-1C, and adopt Resolutlon 89-35, aubject to the stipulatlona contained thereln. Page 26 54 .' ........ FEBRUARY 14, 1989 It.. nBl PETITIOK PU-88-17C, WILSOK, MILLER, BARTOK, SOLL Ii PEn, IHC., REPUSDTI](G H.ARPER BROTHERS, INC., REQUEDTIKG PROVISIONAL USE FOR AM ASPHALT PLAn' AXD MATERIAL STORAGE LOCATED ON TJŒ NORTHEAST CORlŒR OF COMMERCI~- BOULEVARD AND PROGRESS AVEHUE - DEHIEJ¿ ~~~. Planner Iladeau stated that this request is submitted by Wilson, Miller, Barton, SolI £. Peek, Inc., representing Harper Brothers, requesting Provisional Use "a" of the Industrial District to allow the construction and operation of an asphalt plant and material storage located on the northeast corner o~ Commercial Boulevard and Progress Avenue, and consists or approximately 7.54 acres. He noted that surrounding land uses to the north, south and west are zoned Industrial, and land to the east, across the future Livingston Road, is zoned PUD (Briarwood) , permitting 395 single-family dwellings, 205 multi-family dwellings and 16 acres of commercial land uses on 210 acrf's. He indicated that access to subject property will be via Merchantile Avenue. and the petitioner has agreed to make improvements to Merchantile Avenue and Commercial Boulevard. He indicated that the asphalt plant wi 11 be 435' from the eastern property line of subject property, and there will ue 100' of right-of-way donated by Br1arwood, as well as a 30' landsca¿~d buffer within Briarwood, which will separate any single-family homes frorr. the asphalt plant by 565 feet. Mr. Nadeau advised that the petitioners requested a meeting with Collier County review StaIr. prior to the CCPC hearing, which resulted in the stipulations as indicated in the Agreement Sheet. He noted that the CCPC is forwarding this petition to the Board of County Commissioners with a unanimous recommendation of approva 1, He noted that four persons spoke in opposition to this petition at the CCPC hearing, citirg concerns relating to fallout from stack emissions, damaging vehicles nearby, noxious odors, and heavy 'c ruck traff1c impacting road systems in the Industrial Park. Mr. Nadeau stated that this petition came before the Board of County Commissioners on January 10, 1989, and it was continued for three weeks, to enable Staff to visit .:i ,;imilar site in Lee County. Page 27 j"1 .-. . .--...,........,...., """"-".,.""",-""".-"-,.",,,, FEBRUARY 14, 1989 He indicated that on January 16, 1989, Commissioner Hasse, another member of County Staff, and himself visited two Harper Brothers sites in Lee County. He noted that due to an u~foreseen scheduling problem, the group arrived in Ft. Myers after the plant ceased operations, but they were able to see many of the activities associated with ouch a use. He presented pi~tures of the Ft. Myers plant. He stated that as a result of th~s visit, he is recommending that Stipulation 5, as contained in the Agreement Sheet, be amended as follows: Prio"t' to the donation of the 75' right-of-way for the future Livingston Road, the petitioner shall maintain at least a 50' natural vegetated buffer along the east side of the property. Immediately following the donation of the 75' right-of-way, the petitioner shall install and maintain a buffer in accordance with S~ction 8.37 of the Zoning Ordinance along the east side of the property. Mr. Nadeau stated that Staff is recommending that the material storage piles be located betw:!en the as[.ohalt plant and the eastern pro~erty boundary, so as to act as a noise buffer. Mr. Nadeau advised that seven letters of opposition have been received, citing con~erns that this plant will decrease property values, increas'::! air pollution, and will create addi tional traff ic problems. He noted that a petition, containing 28 signatures, opposing this petition h:Js also been received. He stated that one letter in favor of this plant has been received from Galeana Chrysler- Plymouth. Commissioner Volpe ncted that the CCPC's finding of fact is that this petition is in compliance with the Comprehe~sive Plan. and questioned whether it is compatible with surrounding residential neighborhood? Acting Community Developm~nt Administrator Olliff stated that to his recollection, the Growth Management Plan does not contain language which requires any concurrency test for compatibility with su~rounding neighborhoods. Commissioner Saunders stated that he understands that the rock will be pre-crushed and hauled to the proposed site, and not-:;d that it Page 28 .f~ ....."..,'..,... '..,. FEBRUARY 14, 19B9 appears that it would be more beneficial to have this plant located closer to '.:he material source, and questioned whether there are sites available for this facility to be located closer to rock pits? Mr. Nadeau stated he does not know of any specific sites, but believes that there are probably alternative sites near rock pits in Collier County. Commissioner Saunders questioned the type of trucks that will be used to haul the material to the site, and the asphalt from the site? Mr. Nadeau indicated that they wi 11 be typical dump trucks that are seen on the road. He noted that Staff concurs with the Petitioner's traffic impact statel7>ent, in that, even if the traffic impact for this proposal were doubl'::!d, it would not sign if icant 1 y impact the roadways. Commissioner Saunders questioned the existing uses within the Industrial Park? Mr. Nadei'iu advised that there are currently a number of commercial land use operations, i. e. cabinet shops, sandblasting, an old asphalt plant 1/2 mile from the proposed site, software busi- ness, ::ontractors, and sèorage yards. Commission~r Hasse stated that he visited the two plants with Mr. Nadeau, but the plant" had concluded their daily operations by the time they arrived. He indicated that he noted good housekeeping at tile plants. He stated th1t he did observ~ a plant on Shirley Street this morning, and noted a plume of white vapor extending 75'-100' into the air, adding that there was a lot of noise, traff ic and dust, adding that the trees and surround i.ng landscape in the area were coated with whi~e dust. de indi::ating that he cannot understand how an operation of this nature is compatible to residential are<'lS, and that the traffic impact will not add to the present problems on Airport Road and Merchantile Avenue. He stated that: heavy industry creates a nuisance to adjacent areas. Commiasioner Volpe questioned whether the Briarwood PUD was approved p:-ior to, or after the Industrial Park? Page 29 ¡Ii ,-- FEBRUARY 14, 1989 Mr. Alan Reynolds of Wilson, Miller, Barton, SoIl & Peek, Inc., stated that the Industrial Zoning was approved in the early 1970's, and the Briarwood POD was approved in 197~. Commissioner Shanahan qu~stioned where the previous êl.sphalt plant in the area was located in rel'itionship to the proposed plant, and if there is any history relating to contamination produced from it? Mr. Nadeau indicated that he has no monitoring reports or backup from that plant, adding that it is located 1/4 to 1/2 mile to the west of the subject property. Commiss ior.er Saund~rs noted that the EAC, Water Management, Traf- fic, Utilities, Fire Districts, Engineering, and Staff have reviewed and approved this petition. He questioned how many truckloads of material will be hauled from the plant each day? Mr. Nadeau noted that the petitioners have advised that the maxi- mum amount that they can handle to service jobs are 14 truckloads per day, which will accommodate 2 hours running time of ~he asphalt plant per day. Commissloner Volpe q~~stioned how long the existing plant in the area had been under operation? Mr. Gene Brisson, fo:'mer owner and Executive Officer of Brisson Enterprises, stated that his plant was located on Prospect Avenue and operated fo:' 12 years. He indi:::ated that after the plant was sold, the acquiring company moved the plant to Ft. Myers. Commissioner Volpe questioned if there had ever been complaints relating to the operation of Mr. Brisson's facility? Mr. Brisson replied negatively, but noted that during the last year of his plant's operation, there was an individual that complained, b'lt it was a problem which arose from a personal situation, adding that the problem was corrected. Commissioner Shanahan questioned the quantity of production from Mr. Brisson's plant when it was in operation? Mr. Brisson advised that the largest volume of product from his Page 30 ~O ----- ,----------- '---. ~-'.'-'~"'"""""'.-""""'"."".".""-'-'.."-"""'.-- FEBRUARY 14, 1989 plant was 1,200 tons of material. He noted that one truck will haul approximately 20 tons of material, noting that it would require 60 trucks to accommodate a quantity of 1,200 tons of material. Commissioner Hasse qu~stioneð how many trucks were needed to supply the plant with the mate~ial to fill the 60 trucks with asphalt? Mr. Brisson stated that a ton of aggregate produces a to:! of asphalt, or 120 truckloads. He indicated that there are currently two suppliers in Collier County, noting that the supply is limited. Mr. Peynolds stated that Harper Brothers is the largest paving contractor in Southwest Florida, with primary operations in Ft. Myers. He advised that they are desiring to be competitive in the Collier County market, and they employ 350 people. He indicated that in his dealings with Harper Brothers, he has found this company to be of the highest caliber and integrity, and they do exactly what they say they are going to do. He ind~cated that he would like to outline three points: 1. The site selection process 2. The planning process 3. Responses to the issues that have been raised Mr. Reynolds indicated that Harper Brothers made the decision to compete in the Collier County marketplace, noting that the cost of transporting asphalt concrete tn Collier County puts them at a disad- vantage of others. He stated that there will be benefits to Collier County by having anoth~r competitor in the area that is a high quality paving contractor. He noted that r~views of zoning, the Comprehensive Plan, environmental constraints, access to the site, and surrounding land uses determines that this petition qualifies favorably for its proposed use. He indicated that the Naples Production Park is centrally located, and most of the infrastructure required and paved roads are within radius of this site. He noted that the Comp Plan identifies four generëd locations in the Naples area that have industrial land uses; two are w~~hin the traffic congestion area: Pine Ridge Industrial Park and the industrial area on Old U.S. 41, Page 31 (pI -----,._--,--"., -..- ,---.... ...""."'---"'-'.-"'" .. FEBRUARY 14, 1989 south of the Lee County line. He noted that the other two locations are the proposed site, Citygate/Gator Gate near C.R. 951 and S.R. 84. He stated that in his opiniorl, the proposed site is the proper loca- tion for industrial uses. He "idvised that the petitioners have made commitments to improve the infrastructure that is not there, and will be necessary for them to function as an asphalt paving business. He noted that there are no environmental jurisdictions on this property. Mr. P.eynolds stated that the subject site is 7-1/2 acres and significant buffering will be done to protect the planned residential subdivision to the east. Mr. Reynolds advised that exi:.Jting facilities on two of the I'Jtreets in this area include: a moving and storage company, crane service, concrete bRtch plant. petroleum gas storage, pressure and fueJ tank vendor; marine ~ontractor with heavy equipment, waste dispo- sal equipment storage area, ice manufacturing, firearms range, commer- cial clean up facility, bottling plant, freight terminal; refuse storage facility; plastic mould,~ng and fabricating business; numerous body shops, fabrication shops, and steel fabricating companies. Mr. Reynolds indicatert that, if a comparison is made of the zoning development standards anà the standards that Harper Brothers has com- mitted to, it will demonstrate the extent that the petitioners have gone beyond the minimum requirements, 1. e. the minimum lot area in the industrial park is 1/2 acre, this site is ï-1/2 acres; the minimum yard requirement is 50 feet, and the closest facility at the proposed plant, is 60 feet for a small office building; all other facilities are from 9~'_120' from any property lino:!, at the closest point. He indicated that the bufferi~g requirements have been exceeded by three times. Mr. Reynolds advised that the planning process fc:r this site has taken nearly z year. He noted that feedback was obtained from all reviewing Staff as to what their desire would be, adding that in many cases, the requirements were not those that the petitioner had to Page 32 {,z, ..,..".,.......".......-,--,..-. FEBRUARY 14, 1989 comply with by law, i. e. the containment mechanisms. He advised that impervious concrete containment will be under all tanks, fuel lines, and asphalt :ines. He noted that impact studies have been provided and Staff agrees that the impacts have been addressed and mitigated. He indicated that there has been a 6-7 month review process, and at each step of the way, this project has been recommended for approva 1 , by unanimous vote. He stated that the petitioners are willing to go that extra mil~, in addressir.g the impacts of the site. Mr. Reynolds noted that noise has been an issu~ of opposition, adding that the only noise associated with this site will be caused from traffic, loaders that move the aggregate on site, and the b\~rners associated with the asphalt plant operation. He indicated that these noises are similar to what takes place in an industrial park. He advised that safety considerations outweigh the nuisance of having a beeping backup devic~ on a truck. He noted that the burner is the only source of noise that is characteristic of an asphalt plant, and in a typical production day, i " will operate 1-1/2 to 2 hours per day. He stated that the location of the material storage piles along the eastern perimeter of the site is an effective noise buffer, adding that the noise generated from Livingston Road will be much g~eater of a nuisance to the residen'~s of Briarwood, than the plant will be. With regards to odor, Mr. Reynolds advised that asphalt plants do not emit toxic fumes and noxious odors, oLher than what is controlled very restrictively by the Department of Environmental Regulations. He noted that all asphalt is kept and processed in enclosed containment vessels and pipes, and the onl:' time it is exposed to the atmosphere, is when it is loaded into the truck for transport. He advised that the petitioner has agreed to state-of-the-art technology at this plant, to minimi7e the impact of odors. Relating to the issue that has been raised regarding smoke, Mr. Reynolds advised that this is not sl:1oke, but water vapor, which comes from the drying of aggregate. Page 33 {,; ~ f ' ..n.._, - ~ -~ ~'-'-'-'---'" FEBRUARY 14, 1989 Mr. Reynolds stated that there have been concerns regarding dust coating adjacent businesses. He noted that concrete processing does create a coating of dust. He indicated that the aggregate storage areas will be watered, so ther¿ will not be a dust problem. Mr. Reynolds noted that the DER permitting process for an asphalt plant is quite stringent, and there are regular inspections, and the operations are monitored by the State. He advised that the plant which is operated by H~rper Brothers in Ft. Myers has never been cited for a violation. Mr. Reynolds indicated that Bri~rwood does not exist today, and that PUD is 12-13 years old, and they have incorporated performance standards into its design to buffer themselves from the Industrial Park. He noted that the buffers that the petitioner is providing, is in :J.ddit ion to what the County is requiring. He noted that there will be a 7' high fence, a 35' natu:ally vegetated landscaped buffer, a 150' wide four-lane right-of-way, another 3D' berm and buffer on Briarwood, and a 20' setback to any structure, for a total of 485' which contains a four-laned highway and two sets of buffers. With regards to traffic, Mr. Reynolds noted that this issue has generated the most concern of neighbors within the Industrial Park. He indicated that the impact statement is correct, noting that on an average day there will be 14 incoming trucks, and 14 outgoing trucks, and the trips per day will be 75. He noted that if the petitioner operates at this capacity for one year, they will generate enough asphalt to produce 65 miles of two-laned roadways. He indicated that the 75 trips represent less than 1/10 of 1% of the capacity of the roadways that are impacted, adding that the margin of error in traffic analysis is 5%. He stated that the petitioners had c'.:>mmitted to paving a connection to Merchantile Avenue; they are now willing to pave a connection to Commercial Boulevard. He noted that by this com- mitment, that will cost Harper Brothers $60,000, they will have pro- vided a full integrated way to Airport Road, as well as Radio Road. Page 34 vi -- FEBRUARY 14, 1989 He indicated that the six-laning of Airport Road 1s currently under design, and ~s scheduled to be completed in 1990. He stated that he understands ~hat there is a contract to extend the left-turn south- bound lane on Airport Road, entering Merchantile Avenue, that will increase the capacity by nearly three times. He indicated that Radio Road is under design to be four-laned, and it will be completed by 1990. Mr. Reynolds stated that if an evaluation is done from the stand- point of concurrency and road improvements, there is no question that the propoDed project meets the test. He added th<1t the donation by the petitioners for reser-"ation of the right-of-way for Livingston Road amounts to $61,800 worth of land that the County will not have to purchase. Commissioner Volpe stated that the problem he has, is the dif- fic111ty in separating fact from concerns that have been expressed. ..... Recess: 12:10 P.M. - Reconvened: 12:20 P.M. at whlch tlae Deputy Clerk Kenyon replaced Deputy Clerk Hoffaan ..... The following people spoke in favor of Petition PU-88-17C citing the facts that there will not be that much increase in traffic, there will not be any pollution. it will be an asset to the commun~ty, and competition in this type of business is needed in Collier County: Don Arnold Gene Brisson Bobby Cadenhead Richard Braun Bill Higgs The following people spoke in opposition to Petition PU-BB-17C citing exces~ive traffic, pollution, dust, excessive noise, economical impacts, heavy industry type that does not presently exist in this industrial park, impacts that it would have on neighborhood residen- tial areas, as well as concerns of health and safety \lith regards to PAR's that are carcinogens: Dave Missal Paul Kierstein Jim Lindsay Richard Viets Addison Fischer Mary Missal Gary Pickel Matt Kurke Rolan" Warren Bob Beckler Bruce Anderson Robert Mahar ..... Deputy Clerk Hoffaan replaced Deputy Clerk Kenyon at thls t1ae - 1:3ð P.M. ..... Page 35 / ~~ -.--.--,. -_--m,- -_.. FEBRUARY 14, 1989 Mr. Reynolds stated that the factoring of the aggregate trips is accurate, and the petitioners are willing to subject themselves to a one year monitoring of traffic that is generated from their plant. He noted that if Staff determines at that time that the information is inaccurate, additional mitigation measures will be taken, or the provisional use will be discontinued. He indicated that he has sym- pathy for Briarwood, but they voluntarily elected to have a sub- division next to the plant. Commissioner Saunders questioned what is in the vicinity of the Harper Brother~ plant in Ft. to.¡ers? Mr. Dennis Rosa, Vice President of Operations for Harper Brothers, stated that there is a bank processing facility adjacent to the plant, a car dealership within 400' of the plant, and a large trailer park 1/4 mile to the west of the plant. He noted that the plant at the Six Mile Cypress Parkway in Ft. Myers is approximately 40 acres, and the proposed Naples site will consist of approximately 5-1/2 acres. Commissioner Saunders presented photographs, as submitted by one of today's speakers, to Mr. Rosa, and questioned whether it depicts his plant in Ft. Myers? Mr. Rosa stated that the photos show two of his asphalt facili- ties, as well as the concrete plant in Ft. Myers. Commissioner Saunders indicated that the photos are quite drama- tic, and he would not want to see a facillty of this nature in the area of Airport Road. Mr. Rosa stated that what is requested today if' a 5 acre site for an asphalt plant. Mr. Reynolds noted that it is apparent that the pnotos depict a site where no buffering is required, and is 5 to 6 times the proposed size, and contains 3 plants. one of which is a concrete plant. He indicated that he does not feel that it is fair to characterize the photos as to what the proposed plant will be. Mr. Rosa advised that 1 of the 3 plants in Ft. Myers will be moved Page 36 11~ -, ""-'-"""-'-"'-"""""'----"--'--"'" - ' , FEBRUARY 14, 1989 to Naples. Commissluner Shanahan questioned the decibel noise of 80-120, that had been ref~rred to earlier? Mr. Reynolds indicated t~at since he has not been provided with the input relating to the measurement point, he c;:¡nnot respond. Mr. Rosa stated that based on the average use of the plant, which is 300 tons per day, noting that the plant runs at 180 tons per hour, the total running time would be less than two hours per day between the hours of 6:30 A.M. - 2:30 P.M. Commissioner Saunders questioned whether other site locations were evaluated, and if so, are there are other available sites? Mr. Rosa stated that sites were looked at in the Shirley Street area, as well as the subject industrial area. He noted that the other rock mines are owned by his competitors. Commissioner Shanahan questioned the source of supply for materials for the other locations? Mr. Rosa indicated that the material comes from his rock mine in Ft. Myers, which is approximately 30 miles from the subject plant. Commissioner Saunders questioned what the difference is in hauling the raw material to Collier County comp~red to driving the finished product from the plant in Ft. Myers? Mr. Rosa stated that it costs $3.50/ton to haul material from the plant in Ft. Myers to any point in Collier County, noting that this would provide a savings of $3.50 per ton for asphalt. He noted that he will still have transportation costs, but because of the prices in Naples, he will be able to overcome those costs and still compete. Commissioner Shanahan stated that one of the speakers indicated that the trucks will be le3ving the plant with loose asphalt falling onto the roadways, and questiJned whether this is typical? Mr. Rosa advised that this depends on the way the trucks are out- fitted. He noted that his trucks are equipped with high sideboards and tarps, to prevent this problem. Page 37 117 .. "---.."..'-"""'--"""--".".---"-'_.0..- ----" ..._.,--,,--- FEBRUARY 14, 1989 Commissioner Shanahan questioned whether Mr. Rosa would be willing to mitigat"- the traffic problem on Merchantile Avenue by using Progress Avenue? Mr. Rosa replied affirmatively. Commissioner Volpe noted that one of the photos depicted two 10' towers, and quastioned what the height of the towers will be at the proposed location? Mr. Rosa stated that the tower at t~e Naples plant will be 53'. Tape.. Commissioner Volpe stated that the issue relating to concerns of public health has not been resolved to his satisfaction. He noted that signatures on the petition that has been submitted come from all over the County, including Port Royal, Pelican Bay, and River Reach. Mr. Rosa indicated that he does not feel that there is a public health issue. Environmental Services Administrator Lorenz stated that in an operation such as the proposed, public health concerns are valid. He noted that the compounds that are derived from a particular material that is associated with this particular process, the concen t:.:a t ions, and the duration of exposure is an entirely different matter with regard to how tar an individual is from that plant. He advised that in Staff's investigations of asphalt plan~s, there is nothing in pro- fessional literature that suggests that thera is a pëblic health impact, from an air quality standpoint. There were no other speaker" either for or against this petition. C~..loner Hasse aoved, seconded by Co..issioner Volpe and carried 3/1 (Coaalssioner ShAn~h~n opposed), to deny Petlt10n pu-e8-17C. Commissioner Volpe stated that he feels this type of use is inappropriate in an industrial park. He indicated that he believes that the existing zoning ordinances should be looked at, to determine what may be an appropriate area for these types of uses. Page 38 ~ì .......,.. FEBRUARY 14, 1989 Commissi'Jner S<3.unders stated that he concurs with Commissioner Volpe. He indicated that Airport Road will be the County's U.S. 41, in the not too distant f'ùturE', and he did not want to take action today that will cause problems down the road. He noted that Staff needs to work with the petitio~er for possible locations where this facility shoulJ be sited. County Attorney Cuyler stated that he understands Mr. Volpe's com- ments regarding this petition being viewed on this particular location. He indicélted that if Staff is instructed to look at industrial areas, in general, that's fine, but he does .10t wan t the record to indicate that there are no industrial areas where a provisional use is appropriate. Commissioner Saunders indicated that this is a site specification situation, and the provisional use deals with the compatibility of a particular location, not a zoning classification. He noted that the entire Commission realizes that Collier County does need an asphalt plant, but the question is, where is the appropriate location? Commissioner Volpe qpestioned how many ind'J.strial zones are located in Collier County? Mr. Olliff replied that there are three industrial zones in Collier County, noting that the the subject industri;3.1 park, and the Pine Ridge Industrial Park are the two major zones. Coaai8s10ner Volpe aoved. seconded by Co..lssioner Haase and carried 4/0, that Staff be directed to review current zonlng. aa part of the zonlng re-evaluation prog.t'aJI and review these heavy types of induatrlal uses in the current industrial parks. Mr. Olliff stated that this is a use that has a greater impact than most uses, even in an industrial classification, and that is why the provisional use process is required. He indicated that even though a use may corne in for particular zoning, determination is left to the Board. He noted that Industrial and Agriculture next to a rock quarry are the only two places where this use wo' ld be allowed, and Page 39 l1q FEBRUARY 14, 1989 it still requires the provisional use process. ... Recess 2:05 P.M. - 2:20 P.M. ... It.. .7B2 RES~LUTIO. 89-36, PETITION PU-88-24C, lfENO 3. SPAGNA, REPRE S EJf1' I N G EAMPGROU1lDS OF AMERICA, INC. REQUESTING PROVISIONAL USE "C" 01" THE TTRVC DISTRICT FOR 10 CAMPIHG ~ABIKS ALONG THE KORTHERLY SHORE OF HDDERSOIr CREEX AND EAST OF BAREFOOT WILLIAMS ROAD - ADOPTED Planner Naõeau advised that this petition is a request for a Provisional Use, submi~ted by Neno J. Spagna of Florida Urban Institute, Inc., representing Kampgrounds of America, Inc., for ten camping cabins along the lIortherly shore of Henderson Creek, east of Barefoot Williams Road, (County Road 31), in Section 9, Township 51 South, Range 26 East, and consists of approximately 14 acres. He noted that surrounding zoning and land use to the north, across Tower Road, is the Eagle Creek POD and permits 600 multi-family units on 285 acres; land adjacent to the subject property is a golf course; land to the east is zoned PUD (Riverbend: permits 78 multi-family); lands to the south and west are zoned A-2 and A-2 "ST"; Mr. Nadeau stated that on September 13, 1988, the Board of County Commissioners approved an amendment to the Zoning Ordinance to allow camping cabins in the TTRVC zoning section. He noted that H.e requested camping cabins will be located within the existing park on Lots 50-59. Mr. Nadeau noted that the CCPC heard this petition on January 5, 1989, and based on their findings of fact, a;:,e forwarding same to the Board with a unanimous recommendation of approval, subject to stipula- tions as contained in the Petitioner's Agreement. In answer to Commissioner Hasse, Mr. Nadeau advised that this is a temporary lodging facility. Commissioner Volpe questioned the water and sewer facill ties for the cabins? Wastewater Director Clemons advised that the water supply for that area comes from the County's system and sewer treatment will be from a package plant. He noted that there is standard language in the Page 40 1() ..,-..-...- FEBRUARY 14, 1989 back-up matl!!rial that would be required, if the park's intensity of use was to be in~reased. Dr. Nello J. Spagna, representing Kampgrounds of America, Inc., noted that the petitioner agrees with all stipulations, as indicated in the Agreement Sheet. Caaa1.8sioner Hasse aoved, seconded by Co..issloner SÞ.~.~.n and carried 4/0 to approve Petitlon PU-88-24C, and adopt Resolution 89-36. Page 41 1/ . ......, '- -.. FEBRUARY 14, 1989 It- nB3 RlSOLUTIO1f 8~-37, PU-BB-21C, lIElfO J. SPAGNA, REPRESElI'l'I1fG BE'l'HESDA CHURCH OP CHJ!IST, REQUESTIKG PROVISIOKAL USE "A" OF THE "E" ESTATES ZOnKr.. DISTRICT FOR PROPERTY LOCATED ON THE HW CORNER OF 15TH AVE1fUE S.W. AIfD C.R. 951 - ADOPTED SUBJECT TO SITE PLAN AND STIPULATIONS Planner Scheff stated that the petition~r is requesting a Provisional Use "a" of the "E" Estates Zoning District for a church and ~elated permitted accessory uses for property located on the northwest cornE:r of 5th Avenue S.W. and C.R. 951 in Section 10, Township 49 South, Range 26 East, and consists of 2.72 acres. He noted that lands to the north, west, south, across 5th Avenue 5.W., and to the east across C.R. 951 are zoned Estates. He indicated that lands to the north are undeveloped woodlands, and further to the north lies a building under construction proposed for church and school uses. He stat"d that lands to the west are single-family residential and undeveloped woodlands; lands to the south, across 5th Avenue S.W., are undeveloped woodlands; lands to the east, across C.R. 951 are single family residential and u~developed woodlands. He advised that this petition is consistent with the Growth Management Plan. Mr. Scheff indicated that C.R. 951 between the Pine Ridge Road Extension and Golden Gate Boulevard is expected to be upgraded from two to four lanes in the near future. He noted that Staff is recommendillg that access to the site be provided by 5th Avenue S.W. He noted that Staff is requiring buffering along thp. northern, western, and southern boun- daries of this parcel to mitigate noise and glare impacts on neigh- boring properties resultant from automobile headlights, noting that parking and security lights should be located so as to prevent glare from neighboring properties. He noted that Staff has no objection to this request, and recommends approval. He advised that the CCPC held their public hearing on D~~ember 15, 1988, and based upon their Findings of Fact, forwarded subject petition to the Board with a recommendation of approval, subject to Staff stipulations, and the resolution of Stipulation "i", relating to fire suppression on-site. He adviseà that this stipulation has not been resolved, and the peti- Page 42 1} ..."'. '.._,... . .._~-"".. --...-......---- FEBRUARY 14, 1989 tioner has not signed the agreement sheet. Commissi'Jner Hasse stated that assuming that the Golden Gate Master Plan will be forthcoming, it seems logical not to permit any further development that is different from Estates, until the Plan is adopted. Commissioner Shanahan questioned whether there have been any further negoti'!.tions relating to the fire suppression on-site? Dr. Spagna stated that he has met with the Golden Gate Fire Chief, and he is recommending that sprinklers be installed in the building. He noted that the petitioner conc~rs with this recommendation, and he is prepared to sign the Agreement Sheet. Commissioner Shanahan questioned where the congregation is pre- sently meeting? Bishop Nash, Pastor of the Bethesda Church of Christ, stated that the congregation is presently conducting services at 115 12th Street North, adding that he does not know how much longer the building will be available to the members, since it is being used on a temporary basis. County Attorney Cuyler advised that the Board has the discretion to have the site plan approved, pursuant to the Provisional ~se, which designates the building that is being authorized, as opposed to a Provisional Use for a piece of property. Mr. Dick Braun, President of the Golãcn Gate Estates Taxpayers Association, stated that no provisional uses should be approved until the Golden Gate Master Plan if> completed. He noted that the i?lan sta- tes that 90% of the parishioners should live within 4 square miles of the church, and he does not believe this church meets that qualifica- tion. He requested that this petition be denied until the Golden Gate Master Plan is approved. Mr. George Keller, President of the Golden Gate Civic Association, noted that there are presently 22 churches in the Golden Gate area. He indica~ed that because property is less expensive in the Estates Page 43 1q 1"~__"_., -,-..-...-..,-", ",._-,----, .~. ---...,-, FEBRUARY 14, 1989 areas to set up their churches, this is going to be a real problem, since churches do not pay taxes. He noted that the Eagles Lodge, south of subject property was denied, because the Master Plan has not been approved. He stated that he is requesting that there be no rezoning in the Estates until the Plan has been ap?roved. Dr. Spagné'. stated that: he feels that it is grossly unfair to hold up a petitioner because of the proposed Master Plan. He indicated that the petitioner has pa i::l $800 to file for the provisional use, which Iolas a sacrifice on t;1e part of the congregation. He stated that he does not see any benefit that will be accomplished by denying this petition. Commissioner Volpe questioned whether there are immediate plans to commence construction of the church, if the provisional use is appro- ved? He noted that there are a number of church sites that have pre- viously been approved, and construction has either not begun, or it is moving along very slowly. Bishop Nash stated that he is anticipating construction to begin between 1-2 ':/ears. He advised that 90% of the congregation does reside in Golden Gate. In answer to Commissioner Saunders, County Attorney Cuyler advised that if the Provisional Use is granted, construction is to commence within one year. He noted that an extens~on can be applied for. Commissioner Volpe questioned what the timetable is for completion of the Golden Gate Master Plan? Mr. Keller stated that the plan should be presented by this summer, and he sees no reason why something cannot be crystalized by September. C~..ioner Volpe aoved, seconded by Co..lesloner Shanahan, to approve Petitlon PU-88-21C, in accordance with the subaitted 81te plan tor one buildlng 40' x 100', and subject to stipulations as con- talned in the agreeaent sheet, Includlng Stipulatlon "I", relatlng to tire suppression, and adopt Resolutlon 89-37. Page 44 CfO FEBRUARY 14, 1989 Commissil'ner Saunders stated that BiJhop Nash indicated that constructi~n will commence within 1-2 years. He noted that if an extension for Provisional Use is applied for at the end of that year, he will not vote in favor of that request. Commissioner Volpe noted that if the petitioner's rights are not vested during this peri01 of time, there will be no right to use the property for this Provisional Use. CommissioT'.'1r Hasse indicated that the Golden Gate Master Plan Committee is looking at the overall growth of the Estates, and he feels that their recommendations should be carried out. He noted that there is one church partially constructed, north of the subject pro- perty, and he feels that the plan should be approved, before considering this petition. Upon call for the question, the action carrled 3/1 (Coaa188ioner Baa- oppoae4). Page 45 11 .,-- FEBRUARY 14, 1989 ..... Recess: 2:50 P.M. - Reconvened: 3:00 P.M. at whlch ti.~ Deputy Clerk ~enyon replaced Deputy Clerk Hoffaan ..... Ite8 ,gAl PETITIO. CP-89-2, DAVID LAWREKC! MElfTAL HEALTH CE1n'ER, REQt1ESTIKG A PERMIT TO COllDUCT A CARIHV AL JffiOM FEBRUARY 21 THROUGH 7EBRUARY 26, 1989, OK EAST US-4l, SE OF THE IHTERSECTIOH OF DAVIS BLVD AKD U.S. 41 - KO ACTIOK CommissiOl.er Hasse indicated that this intersection is a bad area to have a carnival. Acting Co~munity Development Administrator Olliff stated that this property is the same property that the County used a few years ago for their County fair. He noted that th~ petitioner has gone through all the appropriate agencies and everyone has recommended approval of this petition. He stated that the only thing being requested is the waiver of the surety bond. Commissioner Hasse indicated that there is such a bottleneck at this intersection with traffic because of the construction that he does not think it would be wise to have a fair at this location. Mr. Olliff indicated that the high traffic volume is during the day during the week, and not in the evening hours or on weekends. Mr. George Fraser, representing the David Lawrence Mental Health Center, st'3.ted that he looked into several sites and none were found that the property owner would let them use except for this one. He stated that this carnival is going to be 'Jery small and is simply a fund raising event. He noted that they have been discussing this with the Sheriff's Department and there will be deputies assjgned to handle the traffic and parking. Commissioner Hasse questioned if this could be put off until the construction at this intersection is completed, to which Mr. Fraser indicated that if it is put off much longer, there will not be the additional tourist in the area. Commissioner Shanahan questioned how many people would attend this event, to which Mr. Fraser indicated that there would be approximately 2,000 people per evening and on weekends there would be more. Page 46 ,-t '---'------ -,- - FEBRUARY 1"', 1989 CollUllissi -mer Volpe questioned if the Sports Park could be made available and Mr. Fraser indicated that they checked into that park, but there is going to be a race coming up soon and it would not be available. He noted that the property owner has donated this land for this use at no charge. He noted that he did not feel that the fairgrounds would be a good place because it is too remote for such a small event. He noted that this event will take place a week from today. Commissioner Shanahan questioned how much money has been spent to this point, to which Mr. Fraser indicated that only the money for the permit has been spen t, the rest is volunteered time. Mr. Richard Braun stated ~hat this should be at the fairgrounds as that is the purpose of that property and this event should have been planned in advance a.ld not at the last minute. He indicated that he would recollUllend that the Board deny this matter. Mr. Fraser stated that it was a last minute idea because money has been cut this year for the David Lawrence Mental Health Center and he felt that this would be a good way to raise money. Coaalssloner Haase aoved, seconded by Co8Mlssloner Volpe to recoa- aend denlal of Petitlon C-89-2. Upon call for the questlon, the vote waa 2/2, (Co..lssioners Shanah~n and Saunders opposed). Co..l.s1oner Saunders aoved, seconded by Co..issioner Shanahan, that Petition C-89-2 be approved with the stipulation that there will be adequate ~11ce to insure the best traffic flow as posslble. Upon call tor the questlon, the vote was 2/2, (Co..issioners Volpe an~ H_- opposed). Commissioner Volpe indicated that this particular location is a very serious concern to him. Later in the meeting, this item was brought up again and further discussed. County Manager Dorrill stated that Commissioner Goodnight was instrumental in helping to obtain this property for this event and Page 47 ~ ..-..--..".--"' "'...---,..-.,..,--.- .'--- -- - "'.'-".-- FEBRUARY 14, 1989 if she was h'!re this dat""-, it is assumed she would have voted in favor of it. He noted that a problem arises if this pet it ion is brought back next week because the carnival contractor has completed his contract in Ft. Mye:cs and if there is not to be a carnival here, he will be heading north. He indicated that the intersection of Davis Blvd. and U.S. 41 is complete with the exception of some striping. He noted that the oply area that is still under construction is on Davis Blvd. going into the Village Inn. Mr. Praser stated that there will be extra deputies on duty directing traffic in and out of the parking lots, adding that there will be ample parking. He indicated that he would also be willing to open the fair during the week at 6 P.M. instead of 5 P.M. Caaaiaaloner Shanahan aoved, seconded by Co_issloner Saunders, that Petition C-8~-2 be approved. Upon call for the question, the vote... 2/2. (Co..issioner Volpe and Hasse opposed.) Commissioner Hasse indicated that he is always getting complaints from people when th~se fairs a:e going on and he does not think that it is an appropriate location. Commissioner Volpe indicated that he simply could not vo~e in favor of this request because of the location. It- nA2 COJITR&CT 91'h~ COLLIER COUIITY AXD CAMEO SOFTWARE, IJIC. FOR BUILDIJIG PERMIT nAC'n1IG SOP'TWARK - APPROVED IK THE AMOUJIT OF Sð2, ð150 Acting Community Development Administrator Olliff stated that this is software for the building permit tracking system, adding that the original estimate was $35,000 and the actual contract is $52,560. He noted that the original estimate was simply based on viewing the soft- ware but afte¡: further investigation, it was determined that there would have to be re-writes in codes, standards and language, adding that the re-write process amounted to $17,560. He noted that this cost was not anticipated, but it is the only software available that County staff has been able to find in the last 12 months. Commissioner Volpe questioned if this additional money Is available Plkge 48 qo ..,.~_.....,..,_...,..,,'_....,.._--,--_.._.._.._.. , , f 4 " : , . . - . . . . , , 00. . '. ,.. - ,01- .", . ..-. ... . !'. ..;', " ... .' -.. . . . -. .. - -. .... . . - . - '. r , I, '. 0 . . . \ ' I " . . 'I ' i o. 0 . ... .' ..l- . . . : j j . . I " "" I .,'. \, " I 'f I I I ,I " ! .1 I . ~ f I ~ . ( . . . . ..-' , . , I I .. . , ! . I'. ~ ': ~ . ~ . FEBRUARY 14, 1989 Itea flBl RD'l'AL OJ' EQUIPMElI'T TO PERFORM SIT!: NORX AT THE COLLIER COU1frY J'ADUJJWUJrDS TO BE BROUGHT BACX WHD' THE APPROPRIATE rISURAl(CE HAS BEE1f OBT UJnm Public Works Administrator Archibald stated that this item deals with activities at the fairgrounds. Ho:! noted that in October, 1988, the Board deci.1~d to undertake the site work for the excavation of a lake at t;¡e fairgrounds and to undertaka site preparation tor the future agricultural building, adding that it is necessary to rent equipment to economically remove the excess fill material tor place- ment within the fairground property. He noted that it is anticipated that the work will take about 3 days at a total cost not to exceed $2,500. He noted that a waiver of the insurance requirements is requested al.3 a release from 1 iabi lity will be obtained from the equip- ment rental firm. He stated that he is recommending the proposal from Jack Queen Construction. He indicated that he is asking for the insurance waiver because of the time involved, adding that the contractor has more than adequate coverage but if the County has to wait for an insurance certificate, it will delay the job. Commissioner Saunders questioned if the Risk Management Department has signed off on this matter, to which Public Works Adminlstrator Archibald replied negatively. Commissioner Saunders questioned if County Attorney Cuyler has any problem with this item, to which he indicated that he always feels more comfortable if the County is the named insured on the pr~ject. He stated that with regards to the time constraint, it is a business decision. County Manager Dorrill stated that in some cases, the cost is more than the amount of work that is involved, adding that this job is only about a 3-day job. rape ft Public Works Administrator Archibald stated that if this fill is not moved at this t.\me, it will have to be moved twice. He noted that Page 50 1'1 FEBRUARY 14, 1989 Jack Queen Construction has the appropriate insurance except that the County is not named as an insured on the E"x1sting policy. Commissioner Shanahan questioned how long it wo~ld take to get the proper i:lsurance, to which Mr. Archibald indicated that it would be about 10 days. It was the general consensus that this item be brought back when the property insurance has been obtained. It.. nDl AKBUAL COKTKACT FOR GRAVITY SEWER LIKE REHABILITATION - roRMAL BIDDIKG 1UIVKD; IISITtrFORM SOt7T1ŒAST, IKC. D:ECLARl:D AS SOLE SODRCE, .&lID AlOIUAL COIITKACT TO BE DGOTIATED Wastewater Director Clemons stated that this item is for gravity sewer line rehabilitation as some of the older portions of the lines are showing signs of deterioration. He noted that it was determined that Insituform is the most feasible method for this type of repair and staff is requesting that the Board declare Insituform Southeast, Inc. as the sole source and waive the formal bidding process and authorize Staff to negotiate an annual contract not to exceed $100,000 which will be brought back to the Board. Commissioner Hasse ~uestioned if this is an economical way to proceed, to which Mr. Clemons indicated that the Board has approved this three times in the past and it has worked well. Coaai..ioner Havse aoved, seconded by Comalssioner Volpe and carried nnan1~ly, that the annual contract for Gravity Sewer Line Rehabilitation be approved ln an amount not to exc~ed $100,000; that the foraal biddlng be walved and that Insltufora Southeast, Inc. be declared .. a sol. source. It.. ftHI COUKTY COMMISSIOK KOT IN SUPPORT OP AKKEXATIOK BY THE CITY O~ KAPLES BASED 0Jf AJrALTSIS PREPARED. FACT SHEET TO BE MAILED County Manager Dorrill stated that he has been working with the Clerk's o1fice and Sheriff's office on this item, adding that he is prepared to mail a fact sheet pending the Board authorization. Commissioner Saunders stated that they received a letter from the Page 51 I 'l- 0 ........, ..,...,",.~.~, . FEBRUARY 14, 1989 Mayor concerning the fact sheet, and the only question he has is whether all the facts are correct in terms of numbers, to which County Manager Dorrill replied affirmatively, adding that all numbers were confirmed and reconfirmed. Commissioner Volpe indicated that he is comfortable with the docu- ment that is t- be ma i led with the exception of one word on question 13 which is "erroneous". He stated that he would have suggested that this word be changed if this document was done over again. The following speakers indicated their desire that the Board take a stand on the annexation issue: Mr. J. Sandy Scatena Mr. Paul Hoffman Mr. Richard Braun Mr. George Keller Commissioner Hasse stated that the last time this matter was discussed he was against annexation and is still against it. Coaai..10ner Hasse moved, seconded ~I Comalssioner Volpe, that: t:he Count:y CO88J.-1on oppose annexation. Commissioner Saunders stated that last week the entire City Council and City Manager were present at the meeting and there was a lengthy discussion regarding this matter and there was no action taken. He noted that the only thing that was advertised for this meeting is whether the fact sheet is to be mailed or not. Commissioner Volpe stated that the position that has bp.en taken is that the Board has tried to identify the issues that are of concern to the people in the community. He noted that there are concerns with regards to tax bills, issues related to the sale of alcoholic bevera- ges on Sundays, and issues regarding tax exempt status of certain organizations. He stated that the fact sheet tries to resolve some of these issues ¿nd çoncerns. He stated that he does not feel that the Board should take a stand for or against annexation, but simply pre- sent the facts. He noted that he seconded the motion simply to discuss the matter. Commissioner Saunders stated that if "':he motion is seconded and the quest ii)n is called for, the Board will have taken a stand on Page 52 11-1 .... FEBRUARY 14, 1989 annexation whether it is for or against. Co..lssioner Volpe withdrew his second at this tl_. Commissioner Shanahan stated that the fact that annexation was and is on the agenda gives the Board room to adopt or take a position on annexation. He stated that the Board has articulated their position but have not ~:'me out and said that they are against annexation. He stated that he is against annexation because the County's analysis of annexation determined that residents in the annexation area would not experience improvements in services as a result of annex1\tion; resi- dents in the annexation area will not save money, but in fact, most would pay more for services if annexed; and residents in the annexa- tion area ,,{oulG experience little if any improvement in quality of life amenities as a result of the annexation. Coaalss1oner ~hanahan seconded the Dotion of Co..issloner Hasse baaed on the above reaaODS. Commissioner Volpe stated that he feels that the message is clear that the County cannot support annexation. He stated that if he is called upon to take a position, he would have to vote against annexa- tion because he does not feel that the people will benefit fl'om annexation. Commissioner Saunders stated that ~e would vote against the motion because it is not advertised on the agend', and also because he feels that the people should be presented with the facts, but they should make up their own minds -'lnd he does not feel that it is appro¡,;riate for the Board to take a position on annexation. Commissioner Hasse stated that he feels that if the Board takes a stand, it will help the people to make up their minds. Commissioner Volpe stated that the Board should follow the lead and take a position like the City of Naples has. Mr. George Keller stated that the City of Naples has been pushing this mattpr and it is up to the Board to make a decision in order to preserve the rignts of the County. Page 153 ¡VV- ..... FEBRUARY 14, 1989 County Manager Dorrill stated that for the benefit of the public he would suggest that the motion be amended so that it would indicate that the Board is opposed as a result of not being convinced that the City's plans are in the best interest or the best service or best tax interest of all the residen~s of Collier County. He stated that another concern he has is that the ballots will be mailed this date and a lot of ¡,ople will receive them tomorrow and vote, adding that he does not want to see the fact sheet chang¿d as it will be delivered to the post office this date. Commissioner Shanahan stat~d that he does not have allY problem with the fact sheet going out as it is, adding that with regards to the motion, he stated his reasons for seconding the motion which became part of the motion. Commissioner Volpe stated that the conclusion regarding opposition to annexation is based on the analysis that has been done, adding that there is nothing in the report that would indicate that the Board could support annexation. Co~aaloner Hasse indlcated that he would change the aotlon to stat. that the Board is opposed to the annexatlon aa presented and Co~..loner Shan.~~n concurred with saae. Upon call for the question. the action carried 3/1. (Co_laslo"\ar Saunders opposed). County Manager Dorrill stated that thf' fact sheet will be mailed at ~ P.M. Finance Director Yonkosky stated that he delivered a respunse to Mr. Horton this date regarding the per capita and he presented a copy to the Commissioners. It- nH2 DGOTUTIOR OP A RETAIlŒR AGREEMJmT WITH CTIC ASSOCIATES OP AJOL\JmALE, VA. roR CATV PRARCHISE APPLICATIOK REVIEW AND COKSULTIKG SERVICES - APPROVrD Assistant to the County Manager MacKenzie stated that he is requestin~ approval for negotiation of a retainer agreement with CTIC Page 54 ¡t'3 --"-- ""-- r -",.--."",""""..,.. ",'..-.,----...-.-----,.......- FEBRUARY 14, 1989 Associates of Annandale, Va. for cable television consulting services relative to incoming applications for cable TV franchises. He stated that he is also asking U.at Mr. Harold Horn be recognized as the sole source supplier of these particular services because he is the only one in a lengthy search that worked so)~ly for the public sector. He indicated that with the applications coming in there is a fee and that money will be passed through the C~unty to Mr. Horn at a rate of $90.00 per hour for his consulting services, therefore, there will be no County money involved in this. Coaai..ioner Shan~h_n aoved, seconded by Co..issloner Rae.. and carried unan~ly, that the retainer agreement with CTIC Associates be approved and that they be recognized as the sole source. Ite. .10A RESOLUTIOK 89-38 APPOIKTIKG CHARLES ANDREWS, TIMOTHY COKSTABTINE, DARLDJ: CODELL Y, MARX LAMOUREUX, MICHAEL PEDONE, MARX STRAIN, A1'lD JACXIE WILLIAMS TO THE COLLIER COUl'lTY CODE El'lFORCEMEl'lT BOARD - ADOPTED Assistant County Attorney Wilson stated that this item is strictly to request the Board to make appointments of seven membt1rs to the Code Enforcement Board. She stat~d that Ordinance 88-89 was enacted to provide for this board, adding that there are 6 categories for guidance in appointing these members. She stated that Dick Clark will be working with this board. She indicated that she has interviewed the people that have applied and she is asking that the appointments be made. She noted that there are staggered terms which the members will decide élt their first meeting. Coaai881oner Hasse aoved, seconded by Co..issioner Shana~.n and carried unan~ly, that Resolution 89-38 appointlng Charles Andrews, Tiaothy Constantin~, Darlene Connelly, Mark Laaoureux, Michael Pedone, Mark Strain, and Jackie Wlll1aas to the Collier County Code Enforclt8ent Board, be adopted. Page 55 )î-~ FEBRUARY 14, 1989 It.. -llAlë2 BVI>Gn AMEmJKDT'S 8 9 - 1 0 7; 89-108; 89-109; AND 89-111 - ADOPTED Coaai..ioner Hasse 8Oved, seconded by Comaissloner Shanah.n and carried nnani.~ly, that Budget Aaendaents 89-107, 89-108, 89-109, and 89-111 be adopted. It.. .111.3 JroDGrr AMEJrmCat'l RESOLUTIOlf 89-11 - ADOPTED coaa1ss10ner Hasse aoved, seconded by Co..lssloner S~nahan and carried unaniaously, that Budget AAendaent Resolutlon 89-11 be adopted. Page 56 I~" ~~" , "^,..,--,", -,..-.."".., "---_.,."".,,-_.,- ..., ,..'.... FEBRUARY 14, 1989 It.. .12B WAIVER OF LAJfDnLL FEES FOR GOODLAlfD "CLElli'I-UP DAY" - APPROVED Mr. Bud Ko":"nse, speaking for the people of Goodland, stated that Waste Manageme~t has agreed to provide eight 20-yard dumpsters to Goodland for a clean-up day scheduled for March 1, 1989 and he is requesting that the landfill fees be waived. County Manager Dorrill stated that a budget amendment will be pro- cessed after-the-fact to reimburse the solid waste enterprise fund from the County general fund, adding that it is typically less than $1500 for the tipping fees. Coaai..ioner Shanahan aoved, seconded by Co..issioner Haase and carried unan1-ously. tbat the landfill tees for Goodland Clean-up Day be -lved. Itea .12C COMMISSIO~S $2,000 TRAVEL EXPENSE TO BE USED FOR DISCRETIOKARY TRAVEL FOR nco, SAGC, AND OTHERS AND $',000 TRAVEL EXPEKSE TO BE USED KHEð A COMMISSIOKER IS REQUIRED TO ATTEND A MEETING OR CONFERENCE Administrative Assistant to tho:! Board Israelson stated that this is asking for ~pproval for the attendance of any Commissioner that would like to attend the Hurricane Conference in Miami with the expen- ses to come out of the $4,000 miscellaneous funds. Commissioner Hasse stated that he thought that this conference would come out of the $2,000 travel expenses. Finance Director Yonkosky stated that the motion was appr~ved for $2,000 for each commissioner to attend NACO, and SACCo Commissioner Saunders stated that he made the motion which was that each Commissioner would have $2,000 to attend those types of con- ferences such as the NACO, SACC, or other conferences that the Commissioners would like to attend for their educational purposes and the $4,000 was for travel for things that are requested of the Commissioners like if a Commissioner has to go to Tallahassee for an issue involving S.R. 951, etc. Financ~ Director Yonkosky stated that the words in the motion did Page 57 -Z~ ..' -_.-" FEBRUARY 14, 1989 not come out that way, but if the Commission would like to change it, they can do so. Commissioner Shanahan stated that this has been discussed pre- viously and has been misinterpreted and the remarks were placed into the record incorrectly. C~.aion~~ Saunders aoved. seconded by Coamlssloner Shanahan and carried nnan~ly, that the Coamissioners $2,000 travel expense be used tor di.cretionary travel for RACO, SACC, and other. and the $4,000 travel expense be used when a Coamlssloner is required to attend a aeeting or conference. ADDED I~ DISCOSSIOB AKD FIIA8CIJfG OF WIDEJfIKG S.R. 951 IRCLUDIKG THE POSSIBILITY OF A TOLL TO BE PUT OK AGEKDA FOR FEBRUARY 28, 1989 Commissioner Volpe stated that he has received some correspondence from the Chairman of the MPO at it relates to S.R. 951 and there has been a request that the Board do some studying with regards to a toll on S.R. 951, adding that this should be discussed in the near future. He stated that it appears that State funèlng will not be available. Commissioner Shanahan stated that some action needs to be taken and this is something that needs to be looked into, He stated that the MPO indicated that they would start putting questionnaires out with regards to a toll. Commissioner Saunders stated that it needs to be put on the agenda for discussion and stated that he would like to see it on the agenda on February 28, 1989. Commissioner Shanahan stated that there may be a possibility of obtaining federal funding because of there being only one evacuation route from the Island. He noted that something has to be done. ..... ..... C~..loner ShA~ahAn aoved, seconded by Comalssloner Has.. and carrled unaniaausly, that the following lte.. under the Consent Agenda be adopted and or approved: ..... Ite. #l"Al BUDGr1' AME1fI»Œ1IT TRAl'fSFERRIKG $308.100 FROM OPERATING TO CAPITAL FOR THE PURCIIASE OF OFFICE F'UR.IU'l'URE FOR DEVELOPMEKT SERVICES BUILDIKa Page 58 (z,q -- .. -",,""--"-."""'.""-"-' ,,"",..-- ..--.--... FEBRUARY 14, 1989 It.. .14&2 8OV8d to .9A2 Itea .1~81 8OV8d to #981 It.. .14C1 witbdr.wn It.. .14C2 BID "8-1308 - AMARDED TO TROPHY CASE IR THE AMOUNT OF $7,985.96 ABD TO JrAPI.U AIfARDS Dr THE AMOtnn' 0 F $ 9 5 O. FOR TROPHIES USED J'OR PARXS AJrD DCUATIOJr PROGRAMS Legal notice having been published in the Naples Daily News on August 26, 1988, as evidenced by Affidavit of Publication filed with the Clerk, bids were received for Bid #88-108 for trophies used for Parks and Recreation Programs until 2:30 P.M. September 14, 1988. It.. .14El Pt1RCRA.SB AGRED!DT AXD STATUTORY DEED IK REF-LRE1fCF. TO THE SALE OF PROPDTY Dr GOLDa GATE ESTATES AXD RECORDING OF DOCUMElfTS ( PURCHASER : 3IMMY C. ~ JOAKK GIBSOR See Pages - 6/-IJ, I - AL- , , Itea .14E2 continued to 3/7/89 Itea .14~ 8OV8d to .9H2 It.. .1411 Cntuuaru OF CORRECTIOK TO THE TAX ROLL AS PRESE1'fTED BY Tn PJtOPDTY APPL\ISD' S OFFICE 1988 TANGIBLE PERSONAL PROPERTY 1988-70/71 2/1/89 It.. .1412 EXTRA. GAIJr TIME J'OR IRMA TE KOS. 58367, 58703, AXD 388015 It.. .UI MISCWT.TAWEOUS CORR&SPORDEKCE - FILED AKD/OR RZ~D There being no objection, the Chair direc~ed that the following correspondence be filed and/or referred to the various departments as indicated belC'w: 1. Memorandum dated 2/1/89 from Lewis O. Burnside, Jr., Director, Division of Housing and Community Development, DCA, enclosing a copy of civil rights documentation requirements for local CDBG recipients. xc: Tom Olliff; Russell Shreeve; Filed. 2. R~ceived 2/6/89 from Diana M. Parker, Senior Attorney and David L. Jordan, Senior Attorney, DCA, Notice of Appeal and Pet it ion, regarding Resolution 88-93 of Collier County, Florida, the Deve 1 opmen t Order for C i tyga te Com;nerce Park Development of Regional Impact, rendered pursuant to Chapter 380, Florida Statutes. xc: Neil Dorrill; Tom Olliff; and Ken Cuyler; Filed. Page 59 IQo --_. FEBRUARY 14, 1989 3. Letter dated 1/24/89 from Mary J. Jutzler, Director, Dept. of Energy, Electric Power Division, Energy Information Administration, enclosing the Federal Register notice announcing the Form EIA-867, "Nonutility Power Producer Report, " and requesting comments. xc: Neil Dorrill; Filed. 4. MeUlorandum dated 1/17/89 from Dale Twachtmann, Secretary, DER, regard1ng conclusions of the study of the State's surface water ~ùality classifi~ation system and hearing of the Environmental Regulation Commission on Revisions to the Classification System. xc: Bill Lorenz; Filed. 5. Letter dated 1/27/89 from Patrick Kenney, Environmental Specialist, DER, enclosing a short form application, File No. 112596705, which involves dredge and fill activities. xc: Nf'il Dor::- ill (Letter); George Archibald; Bill Lorenz; Filed. 6. Letter dated 1.'30/89 from Robert K. Loflin, Environmental Specialist, DER, enclosi~g a short form application File No. 111596725, which involves dredge and fill activities. xc: ~¡ e i 1 Dorrill (Letter); George Archibald; Filed. 7. Memorar:dum dated 2/3/89 from Don W. Berryhill, P.E., Chief, Bureau of Local Governme~t Wastewater Financial Assistance, regarding Revolving Loan Program Rule, Chapter 17-503, Florida Administrative Code, and advising of public hearing on March 14, 1989 at 9:00 a.m. at the DER, Tallahassee. xc: Tom Crandall; Filed. 8. 01/24/89 Public Notice from Alfred B. Devereaux, Jr., Chief, Bureau of Coastal Engineering and Regulation, DNR, advising that Emerald Beach Apartments Condominium has applied for a permi t for repair and maintenance of an existing rock revet- ment to extend seaward of the mean high water line wi thin the limits of the existing structure. xc: Tom Olliff; Bill Lorenz; and Filed. 9. Letter dated 1/23/89 from Nor::lan R. Hatcher, Jr., Fire Chief, Go~den Gate Fire Contrl & Rescue District, advising that the second Tuesday of every month has been established as the regular meeting date for the Golden Gate Fire Control & Rescue District Commissioners. xc: BCC; Filed. 10. Letter dated 1/25/89 from James Petz, President, Marco Shores Estates Homeowners, regarding Rainbow Estates Mobile Park's ingress and egress dirt road (Owner, Joseph Spagnola). xc: George Archibald; and Filed. 11. Minutes received and filed: A. 01/30/89 - Pocket of Poverty Review Committee B. 11/08/89 - Golden Gate Parkway Beautification Advisory Board 12. Letter dated 1/28/89 from Sullivan, William Francis, IV, P.A., enclosing accident report re estate of Jose Reyes Vargas, for 1/9/88 motor vehicle accident report no. 097268437 on C.R. 846. xc: Neil Dorrill; Ken Cuyler; George Archibald; Leo Ochs; and Filed. 13. LAtter dated 1/28/89 from Sullivan, William Francis, IV, P.A., enclosing accident report re Paula Vargas for 1/9/88 motor vehicle accident report no. 0972268437 on C.R. 846. xc: Neil DorriU; Ken Cuyler; Geor~e Archibald; Leo Ochs; and Filed. 14. Letter dated 1/27/89 from Sullivan, William Francis, IV, P.A., enclosing accident report re estate of Saul Vargas, for 1/9/88 Page 60 J ~I ,..,....""...........,..."".......,'~,._.._. """._'."' .... FEBRUARY 14, 1989 motor vehicle accident report no. 091268431 on C.R. 846. xc: Neil Dorrill; Ken Cuyler; Leo Ochs; George Archibald; and F lled. ..... There being no further business for the Good of the County, the meeting was ad~~ur~ed by Order of the Chair - Time: 4:35 P.M. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL . ~ . ~ ,"-' . >. r RT L. SAUNDERS, CHAIRMAN - 'A ITEST : '::.: jiMËs c. GILES, ~ERK ~~4!b. +' ;.-:c, oJ~ ~ -~ :/ ' /' - , - ";hese min{¡ tes approved by the Board on ~;~ as presented ~ or as corrected Page 61 1/ J~ . ,_.,_.- - ....,.....--,.",..--.- ---..,-...........