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BCC Minutes 10/25/1988 R Naples. Florida, October 25, 1988 LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier. and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein. Det on this d~te at 9:00 A.M. in REGULAR SESSIOR in Building "F" of the Government Complex. East naples. Florida. with the following members present: CHAT RMAH : Burt L. Saunders VICE-CHAIRMAN: Anne Goodnight John A. Pistor Arnold Lee Glass Max A. Hasse ALSO PRESEIiT: James C. Gile~, Clerk; John Yonkosky. Finance Director; Ellie Hotfman and Dalila M«mdez. Deputy Clerics: Ron McLemore, Assistant County Manager; Brian MacKenzie, Assistant To The County Manager; Tom Olliff. Acting Community Development Administra- tor; Ken Cuyler, County Attorney; Tom Crandall, Utilities Administra- tor; George Archibald, Public Worlcs Administrator; Barbara Cacchione, David Weeks, and Dwight Nadeall. Planners; Nancy Israelson, Administra- tive Assistant to the Board; and Deputy Chief Ray Barnett, Sheriff's Department. Page 1 .-.--........ "'."'.""" ..---. Tape .1 It.. n AGØDA OCTOBER 25, 1988 APPROVED WI'I'B CRAJlGJtS eo.ai..ioner Goodnight 8OVed, .econded by Co..i..ioner Pi.tor and carried unani80U8ly, that tbe agenda be approved with tbe following chang- : Ite. .. a. Ite. 7~3, Petition V-88-7. Clyde C, Quinby - 11/15/88 - requested by the Petitioner. continued to b, Itea 981. recoaaendation to cancel contract B-88-1266 and to rebid ite.. included in the contract, continued to 11/01/88 - requested by County Manager Dorrill. c. It.a 9Cl. recoaaendation to update the Board of County Co..issioners on the statu. ot negotiations with the Willow Run Trust for the acquisition ot a Regional Park and seek Board direction regarding continued pursuit of the park site. continued to 11/08/88 - requested by County Manager Dorrill. d. Ite. 9F2. recoaaendation to award RFP-88-1317 for the selec- tion of a consultant to prepare a CDBO Application tor Collier County - Added. e. Itea lOA, Resolution suppleaenting and aaending Resolution 88-217 which authorized the acquisition ot lands by gitt, purchase or condemnation. nece.sary tor the tour-Ianing ot State RoAd 951 from 0.5. .1 to the Marco River Bridge - Added by request ot County Attorney Cuyler. f Ite. 12A, di~cussion re "0" percent tax increase tor the 1989-90 budget. continued to 11/01/88 by reque.t at County Kanaoer Dorrill. g. Itea 1.A2. requesting acc approval ot interim tunding ot E8ergency Shelter Grant tor Iaaokalee Friendship House. Inc., pending finalization of HRS contracting procedures. continued to 11/01/88 - requested by Acting Coaaunity Developaent Adaini.trator Ollitf. h. Itea 1.A. moved to 9Al. authorization to neootiate a contract tor con.ulting services to the Development Services Departaent - requested by Co..issioner Saunders. 1. Item 1.B~ .oved to 9B2, recoaaendation to waive the com- petitive selection process tor the design and engineering ot an addition to Building C-2 (Property Appraiser's Ottice) and direct Statf to negotiate a contract with LWSM. Inc. ot Ft. Hyers - requested by County Attorney Cuyler. J. Ite. 12C aoved to ðCl, proposed Resolution establ1shing a drug abuae tru8t tund tor the purpo.es ot receiving a..essaent. troD drug of tenders and disbursing as.i.tance grant. to drug abuse treataent or education prograaa - requested by Co..issioner Goodnight. KIJrOTU or acc REGULAR K1tETIRGS OF OCTOBER. AHD 11. 1988 - APPROVED Page 2 -,..-'"--..-......-' OCTOBER 25, 1988 Co8ai..ioner Pi.tor aoved. seconded by Co..issioner Raese and carried unaniaously. that the .inute. of October ., 1988 and October 11. 1988 regular meeting. be approved.. pre.ented. ITEM "5A ÐŒLOYD SDVICE AWARD TO CURTIS HALL - PRESEJffED Coaaissioner Saund~rs presented an employee service award to Curtis Hall of the Road and Bridge Department for five years of ser- vice with Collier County Government. ITDI ft. RESOLOTI~ 88-269/CMS 88-26. ACCEPTIRG O,S, ENVIROKMEKTAL PROTECTIOK AGDICY IiJt.Uf'1' OrrEK OJ' U, 0 I5ð , 127 J'OR THE EAST AID SOUTH RAPLES SARITAXT SEND COLLECTIOR SYSTEJ4 PROnCT - ADOPTED Utilities Administrator Crandall stat~d that his presentation is on behalf of Mr. Dick Richardson of the D~partment of Environmental Regulation. who was to be in attendanc~ today, but he is not present. Mr. Crandall advised that during the past three years, the County has been active in pursuing grants from the State that are EPA Safe Drinking Water Act grant monies tor sewer projects. He noted that because the grant program has concluded and there are no available grant monie~, other than possibly so~e unused funds which may be av~ilable for added projects that the County may have, he believes that the additional funds should not be anticipated. He stated that on behalf of the DER, he 15 presenting a "mock-up" of three checks: 1 . 510,194.221 check received ~~ years ago, which was the first coaaitment for installment toward the South County Sewer Treatment Facilities. 2. 51,165.467 in additional funds were obt6i~ed for the South County Sewer Project through the special efforts of Tom Taylor ot Hole, Montes & Associates and Assistant Utilities Administrator Arnold. 3. 55,06~,127 - After approximately 23 trips to Tallahassee. many hours of overtime worlc by Staff and Tom Taylor in meetings with Don Berryhill of DER, through George Ossi's office, and special thanlcs to Dale Prockman, Secretary of DER in Tallahassee, subject funds have been obtained for the East and South Collection System. Commissioner Saunders stated that on behalf of the Board of County Coaaissioners, he would like to thank Mr. Crandall, Start and the par- Page 3 1 -~"',"_......,"'-_."._...__. OCTOBER 25. 1988 ticip~ting consulting engineers for their efforts in obtaining tunds in excess of $16,000,000 for Collier County. CO8a~..ioner Pi.tor .oved. seconded by Co..issioner Hasse and carried unani80U8ly, to adopt Resolution 88-269/CWS 88-26, accepting the USEPA. grant ofter tor the East and South Xaples Sanitary Sewer Collection Syat.. project, and authorIze the execution at coapan1on grant agr....nt. Page 0& (3 OCTOðER 25, 1988 It.. .&c RESOLOTIO. 88-210, ESTABLISBIRG A DROG ABUSE TRUST FUKD rOR THE PURPOSE or RECEIVIWO ASSES£MEXTS FROM DRUG OrrEKDERS AKD DISBURSING ASSIST~CE GRAWTS TO DRUG ABUSE TREATMENT OR EDUCATION PROORAHS - ADOP'rXD -'-'--------- Coaaissioner Goodnight advised that r~cent State Legisl~tion passed a Bill which giv~9 Counties the local option to impose addi- tional assessments against d~ug offenders. She noted that she has spoken with the judges of Collier ~ounty, and they are in favor of the proposed resolution. Hr. Stan Ciciora. Vice President of the Foundation For A Drug Free Generation, read a prepared statement. noting that Collier County is not untouched by the destructiveness of substance abuse, adding that a recent survey conducted by the Collier Co~nty Health Department ranked substance abuse as the number one concern of all subgroups responding to the survey. He advised that arrests for use and sale of controlled substances are daily routines for local law enforcement officers, and the school system must maintain a constant vi~il to keep school cam- ~uses free of drugs. With regard to a solution to the substance abuse problem, Mr. Ciciora stated that prevention must start at an early age. i.e., educational programs to build the self-esteem of youth, and help the. to develop skill~ tor de~ling with the pressures to use drugs. Mr. Ciciora stated that adoption ot the subject resolution will send a clear message thðt Colli~r County not only wants the law enforced, but it wants to do something positive toward preventing substance abuse. Mrs. Mary Peterson of Naples Informed Parents stated that it is aost appropriate that the Board of County Commi~sioners is considering the Resolution to establish a Drug Abuse Trust Fund. during "Red Ribbon Weelc". She noted that strong law enforcement with stiff penalties will reduce the demand for 1rugs, a1ding that the demand is Page !I ,..---, OCTOBER 25, 1988 very hiQh in Collier County. L~~ County. all throuQh Florida, and all over the United States. She indicated that everything possible must be done to s~nd the .~ssag~ to young people and drug users that Collier County is doing everything it can to eliminate this problem of drug abus~. Sh~ urg~d th~ Board to adopt subject Resolution. Co..issioner Saunders read Paragraphs 1 and 2 of the Resolution which indicates: 1. Ther~ is hereby created and Hstabliahed a Collier County Drug Abuse Trust Fund for the purpose of receiving assessments collected from drug offender" and disbursing assistance grants to drug abuse tr~atm~nt or education programs. 2. Th.. aRRf>.SSments <¡hall Of>. Imposed by th... courts. collected and r~mitted to the Colli~r Coun~y Drug Abuse Trust Fund by the Collier County Clerk of Courts. supe~vised and administered by the Board ot County Commissioners. and disbursed by the C:erk of Co~rt~ aft directed by the Board. C088is.ioner Pi.tor moved. seconded by CO..i8sioner Goodnight and carried unaniaoualy. that Resolution 88-270. Establishing a Collier County Drug Abu8e Trust Fund. be adoptotd, Page 6 OCTOBER 25, 1988 It.. "81 ORDI~CE 88-81. PETITIO" R-88-7C. WILSO". MILLER. BARTOK, SOLL & nu. I.C. R.El'USEnIJlG STEFAK P. GALAZZI, URL C. BODGES AJm THELMA T. BODGES, RJtZQIP- FROM RMl'-6 TO C-6 FOR PERMITTED OSES OK 'I'DE JlORTHNEST A1ID SOUTHWEST INTERSECTIOK OF 10TH STREET. AND OHIO DRIVE - ~,frn" _SUB.1ECT TO J'ETITIOIrER'S Aq,REJ~MERT L...gal not Ice h~ving b....n ptJbl l~he(1 In th.. N~pl~5 Dill 1'1 N"w5 on September 23. 1988, a~ evidenced by Affidavit of Publication filed with the Cleric public h..arln'J W-1!1 °p'~nerl to con!'lider Petition R-88-7C, filed by Wilson. Miller, Barton, 5011 & Peelc, Inc. , representing Stefan P. Galazzi, Earl C. Hodges and Thelma T. Hodges, requesting a rezone from RMF-~ to C-6 for permitted uses therein, property located on th~ northwest and southwest intersection of 10th Street, and Ohio Drive. approximately 250 feet east of North Tamiami Trail. .!. 1.7 ..cr"" , in ~...c' Ion 22, TOWIIDhip 4'1 :;uIJth, Rallye 2!) !o!!ItJt. Pl~nner Nadeau advised that the !'Iurroundlng zoning and land uses of subject prop~rty to the north, W~5t and south ~r.. zoned C-4, and lands to the east, across lOth Street are zoned RSF-4. and is deve- loped as a single-family, residential neighborhood. He noted that land to the north is undeveloped vacant land, and lands to the west are co_ercial uses which fro~t on U.S. 41. He indicated that -"..:':. to the south are partially clea¡e~, undeveloped lands. Mr. Hadeau stated that the Petitloner proposes to develop subject property for professional land use. He noted that the Petitioner worked closely with Staff in order for the development to comply with the intent and purpose of the C-6 District. However, he advised that initially, Staff had concerns relating to a four-plex which exists on subject property, noting that the tenants of the residential land use would be living there after approval of the rezone, and thus, would create a non-conforming land use and a non-conforming structure. advised that stipulations. as contain..d in th.. agreement sheet, will alleviate the previous concern. He stated that the CCPC is recom- mending approval of this Petition, subject to Staff's stipulations. Page 7 for He ,-.-.-- OCTOBER 25, 1988 He noted that no public comment was expressed at the public hearing. and no correspondence has been received. Mr. Willis Kingsbury of Wilson, Miller, Barton. SoIl 6 Peek, Inc.. representing the Petitioner. stated that subject property was a typical piece of infill property two years ago, but its pres~nt zoning use is not appropriate. He noted that since the Camp Plan and the Zoning Ordinance have b~en amended, they now allow this type of infill which will have a more ~ompatible use in grading between full general com- mercial and residential. In answer to Commissioner Pistor. Mr. Kingsbury advised that most of the residential tenant leases will expire before the year. and the owner is negotiating with the other tenants. ~.sioner Pi.tor aoved. seconded by Co..issioner Goodnigbt and carried unani80U8ly. to close the public hearing. Co8ai..ioner Pi.tor moved. seconded by Co..issioner Gl... and carried unani80U8ly. that the ordinance.. numbered and titled below be edopted aubject to tbe Petitioner'. Agreeaent Sbeet, and entered into Ordinance Book Ro. 32: ORDIKAJfCE 88-81 AN ORDINANCE AMENDING ORDINANCE 82-2 THE COMPREHENSIVE ZOIiING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 49-25-5 BY CHAIiGIIiG THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED ON THE NORTHWEST AND SOUTHWEST INTERSECTIONS OF 10TH 5TREET, AND OHIO DRIVE APPROXIMATELY 250 FEET EAST OF NORTH TAHIAHI TRAIL FROM RMF-6 TO C-6; AND BY PROVIDING FOR AN EFFECTIVE DATE. ~".. m ,." ,"."-,---,-- --.---.-. OCTOBER 25, 1988 It.. ..82 ORDIx..CJt 88-82, RJt PETITIOR R-88-9C, COASTAL ERGIKEERIRG. IRC., AND TEAM n...ur. I.C" REPR.ESEJrTIRG KARIJIA SOOTH, IRC.. REQUESTIRG A ozon FROM JaQ'-6. AJID MHRP, TO POD DfOWJl AS SOUTHPOIlITZ YACHT CLUB LOCATED SOt1T1l OJ' IfIJrDSTU POD AJrn WEST OF nu STREET - ADOPTED SUBJECT TO PETITI_~~_~~1f!'.._-- _uu'-, --- --, - - ,---------- Legal notice having been published in the liaples Daily News on Septeaber 23, 1988, as evidenced by Affidavit of Public~tion filed with the Cleric, public hear1.lg was opened to consider Petition R-88-9C, filed by Coastal Engineering, Inc. & Team Plan Inc.. repre- senting Marina South. I~c., requesting a rezone from RMF-6 and MHRP to POD known as Southpolnte Yacht Club located south of Windstar POD and west of Fern Street in Section 23, Township 50 South, Range 25 East. Planner Cacchione stated that this is a request for a rezone of 16.51 acres from RMF-6 and MHRP to PfJD known as Southpointe Yacht Club. She advised that subject property is located on the west side Fern Street. and south of the Windstar PUD which contains 749 residen- tial units and a golf course on 320 acres; lands to the east and south contain the POD for Collier Development Corporation; properties to the south also include single-family dwelling units; and property to the east contains the City of Naples and is zoned R-l, single-family. Mrs. Cacchione advised that the Petitioner is proposing to develop the site with 96 dwelling units; a y~cht club; clubhouse, including a cocktail lounge, restaurant; 11 room~. for an overnight lodging tacili- ty; harbor master facilities; and 72 existing boat slips. She noted that the main concerns of the project were the yacht club and the boat slips, which are intended to be for the exclusive use of club members. She indicated that 22 slips are reserved for accessory use of the residential development. She noted that in order to distinguish this project from a commercial marina, uses normally found in commercial marinas are prohibited. Mrs. Cacchione stated that the concern for project compatibility exists with the west and south property lines in relation to the resi- Page 9 rq OCTOBER 25, 1988 dential sinqle-faally development that will occur there, but the deve- lopaent standards providing the increased getb~ck for additional height, landscape buffers, and parking setbacks will ensure com- patibility with the this project and surrounding single-family deve- lop.en t . She advised that Staff finds this project to be in coapliance with the Comprehensive Plan, meeting the Standards of Section 14.4 of the Zoning Ordinance, and they have no objection to the approval of this petitioh. Mrs. Cacchlone indicated that ,he CCPC is recommending approval of subject petition, adding that there was no public comment regarding subject petition, and no correspondence has been received. Co8ai..ioner Piator aoved, seconded by Co..iasloner Has.. and carried unani80U8ly, that the public bearing be closed. Co8ai..ioner Pi. tor aoved, seconded by Co..i.sioner Goodnight and carried unani80U8ly, that the ordinance - nUJIbered and titled below be adopted, .abject to the Petitioner'. Agreeaent, and entered into Ordinance Book Ro. 32: ORDIRAJICE 88-82 AX ORDINANCE AMENDING ORDINAIiCE 82-2 THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE ZONIIiG ATLAS MAP NUMBER 50-25-6 BY CHANGING THE ZONING CLASSIFICATION OF THE H~REIIi DESCRIBED RRAL PROPERTY FROM MHRP AND RMP-6 TO "PUD" PLAIiNED UIiIT DEVELOPMEIiT KIiOWN AS "SOUTHPOIIiTE YACHT Cr,lJB" POP 96 MULTI-FAMILY DWELLING UNITS AND A YACHT CLUB POR PROPERTY LOCATED Oli THE WEST SIDE OF FERN STREET DIRECTLY SOUTH OP WINDSTAR PUD Iii SECTIOIi 23, TOWNSHIP 50 SOUTH, RANGE 25 EAST; AND PROVIDING AN EFFECTIVE DATE. Page 10 d,O OCTOBER 2~. 1988 In", . 683 ORDI~ 88-83, PETITIO. R-88-6C, MILSO., MILLER, BARTOR, SOLL 6 PEZE, IXC., ~E8TIRG MA8UYACTURED HOUSIRG ASSOCIATES, IRC., RKQUUTIJIG A uzon FROM A-2 AJrD A-2 "ST" TO POD DrOWX AS RAPLES GOL~ ESTATU - ADOPTZD. RO TAXPAYERS MOIaY TO BE USED POR ORAl RAGE IMPlWv UUUII IS - "-- - --'--'----'--'-- -, -- -" - ----,-,- Legal notice havin~ been published in the Na~les Daily News on SepteJllber 23, 1988. a!'l evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition R-88-6C, filed by Wilson, Miller, Harton, SolI & Peek. Inc., repre- senting Manufactured Housing Associates, Inc.. requesting a rezone from A-2 and A-~ "ST" to POD known as Naples Golf Estates for 790 residential units and 9.9 acres of commercial for property located 9?utheast of the intersection of S.R. 951 and (S.R. 8.) Alligator Alley, Section 2. Township 50 South, Range 26 East. 614.0 acres. Planner Weeks advised that this is a request to rezone 61. acres from A-2 and A-2 ~ST~ to POD, Naples Golt Estates, located at the southeast corner of C.R. 951 and S.R. B4. He indicated that the type of use proposed is a residential golf course PUD. with a total of 790 units; a 9,9 acre commercial tract; an 18 hole golf course; a . acre sewage treatllent plant site; a recreation/community center; and approxiaately 300 acres of Conservation/Open Space area. He noted that lands to the north, across SR-84, are zoned Toll Gate Commercial Center PUD, and is currently vacant; lands to the east are zoned A-2, A-2"ST" and POD; properties to the south are zoned A-2 and A-2 "ST", and contain single-family homes and undeveloped land; lands to the west, across CR-951, are zoned A-2 and Industrial. He noted that sub- ject property is in compliance with the 1983 Comprehensive Plan. Mr. Weeks noted that the proposed gross project density is 1.3 units per acre, which is within the maximum 5 units per acre, per- mltted by the point rating system. He added that the project is not, at this time, in close proximity to schools or fire protection. He advised that subject property Is located within the Belle Meade Page 11 . - ,,-- ---".. d( OCTOBER 25, 1988 Watershed, and there have been concerns relating to drainage and flood protection in this area. With regard to traffic impact, Mr. Weeks advised that the Transportation/Planning Staff r~viewed subject p~tition and they reco..end that this project be subject to concurrency relating to the policy to be adopted through the new Growth Management Plan. He noted that th~re is a transportation concern, in that, the review of the phasing plan and the transportation impact study indicates that ini- tlally, the project will not have a negative impact upon the roads in the surrounding area dropping below an acceptable level of service. However, he stated, that based upon calculations for later years (1991-1994), the segment of CR-951 fronti~9 the project (between SR-8. and Rattlesnake-Hammock Road) will be operating at an unacceptable level of service. He advised that the completion of four-laning in that area, iß scheduled for April 1994, and the levels of service will then be return~d to an a~cÞptable lev~l. He indicated that if the project develops as proposed. it is possible that by 1992, action may have to b~ taken to defer f'lrther development until additional road improvements are made in subject area. Mr. Weeks stated that much of the site is environmentally sen- sitive, noting that the EAC recommended approval of this petition, subject to several stipulations; the Water Management Advisory Board is recommending approval of this petition, subject to stipulations; the CCPC is recommending approval of this petition, subject to Staff stipulations and the resolution of four items which were unresolved at the time of their public hearing on October 6, 1988. He advised that Start has made recommended changes to the POD document, to ensure internal compatibility, to bring the project into closer conformance with the Zoning Ordinance and other approved POD's, and to provide overall clarity and ease of implementation of th~ development docu- aent. UfO. ..dvlrlt,d thltt ~;ti1rr it< r'":um,,,.,ndIIlY dI'IIT")Vd ot this p~tl- tion, subject to stipulations and the resolution of four issues: Page 12 OCTOBER 25, 1988 1 . The provision of interim well and septic tanks to service model homen: This issue has been resolved, in that, it relates to model home~ ~nd for a one year period. Additional time, if requln'd, munt be ;')pprnv{~rJ t,y Staff. 2. Dedication of additional drainage easement along CR-951: This is~t]e has been resolved, in that, the easement will be 150' rather tha:. . --', and the petitioner will allow some offsite drainage to flow onto subject property, and to the wetland area, This will solve ;') drain~ge problem for water north of subject property without necesRltating a larger drainage easement along the western boundary of the property; and seccndly, this will help the wetlands maintain viability. Specific language provision for site plan and frac plan procedures/approval process: Thin issue has been resolved, in that, Staff will accep~ the proposed language contained within the PUD document. 3. 4. Re~trictions on platting into Conservation/Open Space areas: This issue has been resolved, in that, the Petitioner will note on the plat the PUD name and Ordinance; and reference the uses permitted in the Conservation/Open Space area. This will serve as a public notice mechanism to advise potential property owners that thl~ property is not buildable. Co_issioner H",<¡se stated thllt 8ubjl"..ct prop,.rty 1s within the one .ile urban are;') east of CR-951, 'll1d question,.d whether approval of this project will be setting a precedent? Mr. Weeks stated that there are other approved projects within this area, i.e. Woodfield Lakes and Swamp Buggy Days, and Staff's position is that this petition in in compliance with the current Plan. Co-issioner Saunders indicated that if approval of the subject project does set a precedent, it could be a positive one, noting that this is a fairly low density project. He noted that he does have con- cerns regarding drainage in the area, and he assumes that the developer will be installing all internal drainage improvements, and there will be no subsidy from any source in Collier County. He questioned whether the project has oeen designed so that the runoff tram a to-year storm will be totally retained on site? He stated that he would like the Petit I un..... r to explain the enhllnc~m~nt ot the drainage situation to the north. Attorney George Varnadoe, representing the Petitioner, indicated that the four islands as depicted on the map, will be passive Page 13 )~ OCTOBER 25, 1988 recreational areas, and will not be used for residential development. With regards to the drainage in the Belle Meade area, he advised that a drainage canal will run through the site to the west, and drainage from development areas will end up in that canal at a lesser rate of flow than is currently historically present. H~ stated that part of th~ drainaye frea the developm~ntR will be forced into the wetland area, to increas~ the hydro period in the cypress ar~a. With regard to concerns of setting a pr~c~dpnt. Mr. Varnadoe indicated that because of the low density of the project, the amount of conservation and open space that will be preserved, and clustering of the units to the west, and the enhancement of the stressed wetlands, this project could be a poaitlve precedent tor what should be allowed under the Future Land Use Plan. He advised that he is in agreement with the Staff stipulations. Mr. Alan Reynolds of Wilson, Miller, Barton, SolI « Peek, Inc. stated that one-half of the land of subject property has been devoted to Environmental Conservation and Open Space uses, and the Petitioner has coaaitted to a number of steps that will help to restore the wetlands on the site: underflows under the FPL right-of-way and off- site water will be rerouted into the project wetlands, which will relieve some of the otfsite drainage impactz that occur on CR-951. advised that the project has been designed in conformance with the recomaendations of the Belle Meade reports, and a limited discharge from the project will be controlled by collection into the lake system, routing into the project wetlands, which will also enhance some of the drainage problems to the south. He noted that during the 1990-1991 four-laning of CR-95I, canaj improvements will be made which will restore the design capacity of the canal. In addition, he stated that the Petitioner has agreed to take water that comes from the north, and divert it into the major Conservation/Open Space on the east part of the project. whIch will help to serve otfsite properties, and will be Page 14 He ~o OCTOBER 25, 1988 a benefit to the County, ðt the d~veloper s cost. Mr. Reynolds indicated that the infrastructure to serve subject project is currently in plðce or developer provided in all aspects, l,e. water, sewer, roads, etc., Mr. Ira Evans stated that nothing has been addressed regarding the school system or fire protection, which is inadequate in that area. He indicated that the present 5 year plan will have continuous construction on CR-951 from 1991-1994, and the drainage situation one aile east of CR-951 has been discussed for months, noting that the Water ManageMent Department estimates it will cost approximately $10,000,000 to correct this situation. He noted that the impact will be felt all the way to Marco Island. He suggested deferral of appro- val of this project, until all questions are firmly in place, and the required infrastructure, not only in the development, but in the surrounding servIce ar~a b~ determined, and the funding of it be deterained. He stated that the development, regardless of its bene- fits, should not be subsidized by the taxpayers of Marco Island. In answer to Coamissioner Saunders, Public Works Administrator Archibald stated that the existing design for the Water Management System is one that will retain the water on site for 10-year and 25- year stora events, and it wil] control the water on site, rather than running into the canal on CR-951. He noted that the amount of the needed improvements along CR-951 will be greatly reduced. Mr. George Keller stated that there is design~ted commercial on the other corners adjacent to subject project, and he believes it would be positive to have the project set into ð nice entrance, rather than co-ercial. He further indicated that CR-951 will soon be four- l.ned, but it will not be too many years before six-laning is required, and questioned whether there will be enough room for future eix-Ianing? He further questioned the effect of high tension lines transaitting unfavorable currents to nearby residents? He stated that Page 15 OCTOB!R 25, 1988 he believes approval of the PUD at this time, is rushing ahead, since it falls under the old Comprehensive Plan. Mr. Archibald stated that part of the design of the project ensures that there is a ~5' median, which will accommodate the future six-laning. With reg~rd to the power lines, Mr. Archibald stated that he has not specifically discussed this with FPL, but noted that other areas within th~ County with similar easements, require 100' of right- of-way to provid" the necessary buffer, and there are restrictions as to what can be constructed within the easement area, 1.e. metal culvert pipe. Mrs. Charlotte West~an stated that the proposed Comprehensive Plan has an existing one mile wide strip for urban development, noting that the League supports that no urban area exist east of CR-95l, because of the general nature of that area. She noted that the density of the proposed development is referred to as "light" because of the 1.3 units per acre, but she stated this is gross density and it does not apply to the density within the developed area. She indicated that there is criticism from the State, DER, DIiR, and the Game and Fresh Water Fish Commission regarding the one mile wide strip, which refers specifically to the environmental ~le.ent. She stated that she believes a precedent will be set by approving this project. ~..loner Pi.tor aaved, ~conded by Co..is.ioner Goodnight and carried unaniaou.aly, that the public hearing be closed. Co..issioner Saunders stated that he shares Mr, Keller's concerns regarding the commercial aspect, but noted that the new Comp Plan requires Commercial Activity Centers, which is a positive step for- ward. and the subject commercial area will be within a Commercial Activity Center in tÞe new Plan, and therefore, no new commercial areas are being created. Tape '2 Co..issioner Hasse stated his concern regarding the urban area, Page 16 ,,'-.-- 3~ ---- OCTOBER 25, 1988 one .ile east of CR-951, notin~ that he feels uncomfortable in approving this Petition, prior to adoption of the new Comprehensive Plan. Coaaissioner Glass indicated that there are always concerns with every project. but the case at hand must be loolced at. He noted that the Bo~rd dir~cted Staff to find a transitional area, and he believes this project will fit the terms of the transitiollal area. He stated that he feels this project is well planned, and it serv~s the purposes o! protectin~ and improving the drainage area, without any cost to the public. Coaaissioner Goodnight noted that during discussions held in the Growth Manageaent Worlcshop, it was determi~ed that high density would not be located next to single-families on 5 or 10 acre plotn. She stated that there were concerns regarding the drainage and taxpayers paying tor the drainage of that area, but this Petitioner is alle- viating those concerns. She indicated that she feels this would be a good transition area. and hopes that Staff will continue with this type of development in this one mIle area. Co8al..ioner GI... aoved, seconded by Co..i..loner Pi.tor, and carried 4/1 (Coaal..ioner Haa.e opposed), that the ordinance.. nua- bered a.nd titled below be adopted, and that no taxpayers' aonle. are to be U8ed tor i8prove..nt. to the drainage tacilltie., and entered into Or4~. Book .0. 32: ORDIRAJICE 88-83 AN ORDIIiANCE AMENDIIiG ORDIIiANCE 82-2 THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUIiTY, FLORIDA BY AMENDING THE ZONING ATLAS MAP NUMBER 50-26-1 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A-2 AND A-2 ST~ TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS NAPLES GOLF ESTATES FOR 790 RESIDENTIAL UNITS AND 9.9 ACRES OF COMMERCIAL FOR PROPERTY LOCATED SOUTHEAST SECTION OF THE INTERSECTION OF CR-951 AND (SR-8.) ALLIGATOR ALLEY. SECTION 2, TOWNSHIP 50 SOUTH, RAIiGE 26 EAST. 614.0 ACRES; AND PROVIDING AN ~FFECTIVE DATE. Page 17 33 OCTOBER 25, 1988 ... aecese 10:36 A.M, - 10:&0 A.M. at which ti.. Deputy Clerk MeDdez replaced Deputy Clerk Bottaan ... It.. ..cl 8uUU&~ AR&.~~ R!tSOtOTIoaS 88-38,88-39 AXe 89-1 APPROVIaG AMJta~rS TO FIfÇ.AL ~ 1987LUIJ,-~,_fr_-~~..8JS./J~-~~_-=-~~D_,_____u_---,----- Legal notic~ having been published in the Naples Daily liewB on October 21. 1988 as evidenced by Affidavits of Publication filed wl.,h the Clerk, public hearing was opened to consider the adoption ot budget aaendaent resolutions for Viscal Year 1987/1988 and Ficcal Year 1988/1989. Finance Director Yonkosky stated that the above-mentioned item pertaIns to amendments to the current year's adopted budget, as well as to FIscal Year 1989 adopted budget. He noted that Chapter 129.06, Florida Statutes defines how the ~nnual budget can be subsequently aaended. He stated that certain budget amendments which increase total appropriations in a fund or funds over the original adopted budget can be approved by resolution. and indicated that the amend- aents have been properly advertised. Responding to Commis~loner Piotor, Mr. Yonkoslcy advised that the budget ð8endments were tentatIvely approved at var1uu~ tImes In the last quarter. and reiterated his previous statement regarding the Statute. ~..ioner Pi.tor aoved, "conded by Co..i..ioner Goodnight and carried unaniaou.ly, that the public hearing be closed. ~.sioner Pistor aoved, seconded by Co..is.ioner Goodnlght and carried unan1aou8ly, that Budget A8endaent Re.olutions 88-38, 88-39, and .~1, be adopted. Page 18 ~c-f OCTOBER 25, 1988 Itn, .1Al PETITIO. V-88-3, RICHARD ~PLEY REPRESEKTING DERWARD C. JOHKSOR, TRUSTEE, REqUZSTI8G A 36 FOOT VARIANCE FOR PROPERTY LOCATED OR THE ~T SIDE OF VA.lfDERBILT_Q~IVE - DERIED ~_.. L~~al notice havin; been published in the Naples Daily News on Octobf-.r 9, 198R iHJ f'vlclenu'r\ b', Afftclilvlt of I'lIhllc;ilt!on filed with the Cleric, public hearing was opened to consider Petition V-883 filed by Richard Kepley, representing Bernard C. Johnson, Trustee, requesting a 36 foot variance from the maximum permitted height of 100' to 136' for property located in Sec~ion 17. Township .8 South, Range 25 East (North Naples). Project Manager ~eeks advised that the su~ject item is co~panion to Item 7Bl. which is a request for Provisional Use "b" and "e" of the "RT" (Residential-Tourist) zoning designation for a marina and r~staurant . He noted that the objective of the 36 foot variance request is to const ruct two 136 foot, 15-otory residential towers; since the "RT" District limits buildIng h~19ht to 100 feet or 10 stories, whichever is greater. the variance is necessitated. He stated that since the subject property is zoned "RT", multi-family dwellings are a permitted IIse. He noted that lands to the north and so"th, across the waterway, are zoned "RT"; lands to the east, across Vanderbilt Drive, are zoned POD, Wiggins Bay, and the portion nearest the site is undevelopable mangrove wetlands. He further noted that land to the west is zoned RMF-12 ST, Residential Multi-Family; the waterway abutting the site is the Cocohatchee River, and the Gulf of Mexico is approximately 3/. of a mile to the west. He stated that the site contains 5.7 ~ acres, is irregularly shaped, but in Staff's judgment is developable. He noted that based on the criteria of the Zoning Ordinance, a land or structure relat~d hardship does not exist, and, therefore, Staff recommends denial. He noted that the location of the property to the north will not bloclc the view of residents on the subject property, and having a greater density/height than the Page 19 ~S? OCTOBER 25, 1988 subject property does not justify the variance request. He advised that on October 6, 1988 the Planning Commission held their public hearing and reco..ended approval; it was noted that a 20-story struc- ture may b~ built nearby, leoA~nlnq the I.p~ct of the height increase, however, the one opposl!'d to the request not,,-d there were not any miti- gatIng circumstances, and that a precedent may be set for similar requests. He stated that two letters of opposition have been received pertaining to property valueu. He Indicated that if the variance is denied the structures would have to.> be decreased to the 10-story height li8it and to maintain the allowable density of 90 units a third structure would have to be built. Mr. Al Rosen, of Q. Grady ~inor & Assoclates, representing Mr. Kepley, stated that the height varIance is a not a substantial request. Referring to the map, he delineated the subject property by identifying the colored lines. He stated that the construction of two buildings would effectuate in extra open spacf', whereas, the construc- tion of three buildings would limit the space. He noted that three buildings would have a greater amount of asphalt for parking facili- ties. Co..issioner Pistor stated that it is the Board's intent to adhere to the Zoning Law, and he did not agree with Hr. Rosen's statement in his recent communication. He indicated that he did not see any justi- fication for a variance, as the petitioner was aware of the property's li8itations, and he agreed with Staff's recommendation of denial. Mrs. fmilï Maggio referred to a report by the South Florida Water Management District which sites that the waterways in the Vanderbilt Lagoon- have been stressed to the point that the water quality has been degraded. due to the increased amount of development; organIc enrichment of the w.aterway frolD the runoff w.ater; and uncontrolled boat traffic. She emphasized the importance of pro- tecting the quality of the waterw.ay, and the traffic impact the deve- Page 20 34 _._, "_0"__""""-"'.'" OCTOBER 25, 1988 lopaent will have on the area. She indicated that the egress and ingress into the property is on a narrow stretch of land with two 8aall bridges. Hr. Rosen retaliated Ms. Maggio's statement by indicating that pre- sentlya 148-unit resort hotel with a restaurant, docks, and accessory retail estab1ish=ents can be constructed on Eite if designed to its aaxi.um capacity. He indicated th~t right and left-turn lanes will be provided, and t~e water qu~lity will be monitored. In response to Commissioner Hasse, Public Works Administrator Archibald advised that Staff has requested the pr~vision of the turn lanes, and overhead flashing lights will be incorporated as a safety aeasure. He stated that Staff's requirements will mitigate the adverse traffic impact in the area. Co..issioner Glass aslced if the proposed development is a better solution to what is presently allowed in the area? Mr. Archibald responded that Staff is trying to prohibit uses that will generate a lot of truclc traffic, and the proposed use will be advantageous to the area. Responding to Commissioner Saunders, Mr. Weelcs advised that the site is coapletely cleared; the zoning allows the construction ot the 90 units; 16 units per acre is not unusual for the area, and presently the "RT" zoning allows docks on site, hotel/motel co~plex, at 26 units per acre. He stated that the final determination on whether or not the petitioner can build on the water will be initiated by the State. Mr. Rosen confirmed that 50\ of the docks are for public use, as per CHR's requirements, and the traffic generated will mostly be boat traffic, not automobile traffic. In response to.~.s. Maggio, Mr. Weelcs stated that the subject pro- perty had a building permit in the early 1980's which has since lapsed. ~a.ioner Pistor moved, seconded by Co..iaaioner Goodnight an4 carried unaniaoualy, that the public hearing be closed. Page 21 OCTOBER 25, 1988 Co..ission~r Saunders stated that he is o~posed to the height variance, as the Board should not he granting variances, unl~ss there is a land related hardship. In response to Commissioner Saunders, Mr. Weeks advised that regardless of what type of structure is constructed on site, the building limitation is 100 feet, unless a variance is obtained. Co8aJ...ion8r Pi. tor aoved, ..conded by Co..issioner H.... and carried 4/1 (Co.-i..ioner Gla.. opposed) to deny Petition V-88-3, Rlcbarð Eepley representing Bernard C. Johnson. Trustee, requesting a 36 toot varianca troD the aaxiaua permitted height ot 100 teet to 136 t_t. It- fiB1 PrrITIOJI pu-8a-5C, RICBARD nPLEY, RLPRESEJrl'IRG BERlfARD C, JOHJISOK, IJW:H&&, REQt1JtSTIKG PROVISIOKAL OSES "B" A1fD "E" OF 'I'DE "RT" ZOKIXG DIsn.ICT I'OR A JlI.STAURAJrT IJD MARIKA. FOR PROPERTY LOCATED WEST OF Vuœun.T DR.IVK - DOIED Project Manager Weeks stated that the above mentioned item is to obtain Provisional Use "b" and "e" of the "RT" zoning designation. noted that the request will allow the developer to construct a 200 seat floating restaurant and a marina, which will consist of 29 boat docks that will provide space for 58 boats, and in accordance with Stãte regulations, half of the space will have to be available for public use. He noted that a stipulation prohibits the petitioner from selling boats and fuel on site. Referring to the map, Mr. Weeks stated that the proposed floating restaurant will be located along the north side of the subject property, and the docking facility will surround the property. In response to Commissioner Pistor, Mr. Weelcs advised that the floating establishment must comply with both County and State health standards. He indicated that the County does not have the regulation over the waterway since the State has jurisdiction. Co_issioner Saunders asked if the provisional use request is for a floating Page 22 ---- He yl .'----"" ."" ",.. OCTOBER 25, 1988 restaurant? Mr. Weeks responded that the pro'lisional use is to permit a restaurant on site. Responding to Coa.~ssioner Saunders, Count? Attorney Cuyler advised that as long as the petitioner has title to the submerged land, the County Ordinance does not preclude him from constructing. Coaaissioner Pistor asked what would occur if the Board denied the provisional use? Hr. Weelcs responded that the petitioner can build the site with either 90 residential units with permitted accessory structures of docks, parking, etc., or with a 148 unit hotel complex. Co..issioner Goodnight stated that the Board did not have a substantial reason to deny the provisional 11se, and pointed out that both Staff and the Planning Commission had recommended approval. Co..~ssioner Pistor indicated that if the Board denied the provisional use, then pe "aps the State would also concur with their deter- 8ination. Due to the petitioner's absence during Board action. Commissioner Saunders indicated that as he had further questions of the petitioner, he could not vote in favor of the request for a provisional use. ec-..t..ioner Goodnight l8OVed, _conded by Co..i..ioner Glaa.. to 89P!O~- Petition PU-88-5C. Co..i.sioners Pistor, Baas. and Saunders voted agaiDat the 8Otion and it tailed 2/3. It- nA2 RESOLUTIO. 18-271, PETITIO. V-88-1?, jOBX AKD jOSETTA THOMAS, R.EPJtUDTED BY CARL BEIBER, UQUESTIRG non YARD VARIAJlCJ: FOR ~ra.ltn LQCAT~ O~ THE~OJtTILJSID!-9P. ~OJLP!t.JY'I3._-:.._ADOPTED Legal notice having b~en published in the Naples Daily News on October 9, 1988 as evidenced by Affidavit of Publication tiled with the Clerk, public hearing was opened to consider Petition V-88-l? filed by John and Josetta Thomas, represented by Carl Beiber, to allow ~ partially constructed residence to be completed at its existing location extending 1.4 ff!et into the required front yard setback. Page 23 ----- , OCTOBER 25, 1988 Project Manager Weeks stated that the subject property is located on the north side of Mentor Drive approxi~ately 600 feet east of Lakeland Avenue, east 1/2 of Lot 2, Mentor Pines, in Section 24, Township 48 South, Range 25 East. He noted that the property is zoned RSF-3, is an interior lot. and complies with the lot width and area requirements of t~e zoning district. He stated that Staff reviewed the request and did not find that a land or structure related hardship exists. He stat ~d that the petitioner obtained a huilding permit in May of the current year. He noted that the permit plot plan origi- nally submitted did not ~eet tho 30 fnot front yard sethack require- ment; the petitioner was notified by mail, and a revised plot plan was submitted. He indicated that the construction commenced, and the spot survey indicated that the structure encroached 1.4 feet. He noted that the Planning Commission held their public hearing on October 6, 1988 and recomaended approval of the petition, He stated that no public comment haß been rn~nlved, however, R letter in favor of the petition has been received. Based on the aforementioned. Mr. Weelcs stated that Staff is recommending approval of the petition. In response to Co.mi~~ oner Pistor, Mr. Weelcs advised that the roof and walls have been completed. Mr. Carl Beiber, representing the petitioner, stated that the 1.4 toot encroachment was an honest mistake, and the property was staked based on the approved plot plan submitted to the Building Department. Coa8d..ioner Pi.tor aoved, seconded by Co..i.sioner Saunders and carried anani80U8ly, that the public hearing be closed, Coaaissioner Hasse aslced Mr. Weelcs what Staff attributed the l.4 foot .istake t07 Mr. Weeks responded that the mistalce can be attri- buted to a construction error in the field or miscommunication. Coaaissioner Pistor ~t~ted that the holls"'- should be taken down because the report indicates that Mr. Allen, a professional land sur- veyor, revised the plot plan, and the 30 foot requirement was Page 2. --- yj OCTOBER 25, 1988 apparently known. Co..issioner Glass stated that he would approve the request even though it is ~n error thðt continuously occurs, however, if the Board requested that the house be taken down, the homeowner would be the one to suffer. and is probably not the one at fault. ec-i-ioner Glas. aaved, ..conded by C088i.cioner Goodnight and carried 4/1 (Coamd..ioner Pl~tor oppoaed) that Reaolution 88-271. Petltion V-88-11, john and joaetta Tboaaa, repre..nted by Carl Seiber, requeating a 1.. toot variance troa the required tront yard ..tb&ck ot 30 teet to 28.6 teet, be adopted. Page 25 , ", OCTOBER 25, 1988 Ite8 nB2 RESOLOTla8 88-272, PETITIOK PO-88-13C, BRUCE GREEK & ASSOCIATES, I.C., REPRPDTIwG CELEBRITY GOL" DEVELOP1Œ1I'1', REQUESTIHG PROVISIOWAL USE "C" OF TKE C-. DISTRICT FOR A MIKIATURE GOLF COURSE FOR PROPERTY LOCATED OW THE WORTH SIpE or EAST TAMIAMI TRAIL - ADOPTED Planner Nadeau stated the above mentioned petition is a request to obtain Provisional Use "c" to allow the construction and operation of a 36 hole miniature golf course and related accessory uses. He noted that the subject property is apprnxiaately 1,053 feet southeast of Saint Andrews Boulevard (entrance to Lely Golf Estates), in Sections 19 and 30, Township 50 South, Range 26 East, and consists of 3.90 acres. He provided the Board with pictures of the proposed miniature golf course. Co..issioner Hasse asKed how many miniature golf courses the Board has approved within the last few months? Mr. liadeau responded that Staff had applications for three, however, they approved one on Coaaercial Drive on the East Trail; a rezone from C-3 to C-5, which per.its 8iniature golf uses, but was withdrawn by the petitioner, and the present request is the second request before the Board. He stated that the provisional use will expire in a period of one year, there- fore, if there is no marKet demand it will not stand one year after the possible approval. He described lands to the north as C-. and RHF-12; to the east as C-. and RSF-4; to the south, across U.S. .1 as A-2, and to the west C-4. He noted that to the north is vacant land and lands developed with single/multi-family residential neighborhood; to the east is a furniture and an appliance store. He stated that Staff has recommended some mitigated measures to improve compatibility of the surrounding properties. He advised that the Planning Co..ission recomaended that "There shall be no music played openly on site", as a stipulation, and in regard to Commissioner Pistor's question about lighting, he indicated that Staff is stipulating that any lighting whether elevated or not, will be located as to not impact Page 26 qg ,<~"m-"-'-"-""""'.'-'-' OCTOBER 25, 1988 motorists traveling, the residential neighborhood, nor the Willoughs to the west. In response to Commissioner Hasse, Mr. Nadeau reiterated that the entrance to the golf course will be approximately 1,053 feet east of Lely Golf Estates. He stated that the Traffic Department is recom- mending stipulations in this respect, Mr. Archibald stated that there is not enough room for a full length turn lane at the location, and the aoveaent will be restricted to right-turn in and right-turn out. He stated that the radius of the driveway will be changed to 50 teet. Co..issioner Pistor asked it there are enough easements for the proposed 6-laning of U.5. .1 and if the drainage ditch will be pro- perly culverted? Mr. Archibald adviaed that the median on U.S. 41 will accoaaodate the 6-laning project, and the existing ditch along 0.5. .1 will reaain in place, however, a culverted process will be initiated, Mr. Joe Boggs. of Bruce Green & Associates, Inc., representing the petitioner, stated the miniature golf Course's most outstanding feature will be the landscaping, and only 1/4 of the site will be impacted with building and paving, as outlined in the Statf report. In regard to the egress and ingress on U.S. 41, he stated that the petitioner had requested a 50 foot radius on the driveway, rather than a turn lane. He indicated that the turniture store further to the east has two drive accesses, and a turn lane will create problems for the store. He confirmed Mr. Archibald's statement regarding the dr~inage ditch, and stated that a 15 foot wide drainage easement for canal aaintenance purposes will be dedicated to the County along the northerly and easterly sides of the property, Responding to Commissioner Hasse, Mr. Boggs stated that the site plan indicates 72 parking spaces will be constructed, and a clubhouse. Mr. Nadeau indicated that at the Planning Commission meeting one Page 27 49 '" ---«,--",.. .-",----,_...., '" OCTOBER 25, 1988 person spoke in opposition based on the possible noise emanating trom the land use, and one letter of no objection has been received with concerns regarding no!se and lighting from the project, however, Staff has applied 8itigative measures for these concerns. Mr. Boggs indi- cated that the petitioner concurs with Staff's stipulations. ec:-.t..ioner Pi.tor aoved, _conðed by Co..is8ioner Glas. and carried anan~ly, that Reaolution 88-272, Petition PU-88-l3C. Bruce GreeD aDd A880ciat.., Inc., representing Celebrity Golt Development, reqae.t~ Provl.1onal Use .C" tor a a1nlature golt course tor pro- perty located on the north .ide of East Taaiaal Trall, be adopted as per Statt'. .tlpulatione. Page 28 OCTOBER 25, 1988 It- nAl AOTBOIlIZATIOJI TO JrEGOTIAT'E COJrTR.AC'1' FOR CO.St1LTI.G SERVICES TO TIm DKVEI..OPICD1' SDVIC1S DEPARTMEJfT WI'I'D BRUa GRED II ASSOCIATES, I.e. A.r'r*'-'v &U Co..issioner Saunders advised that he had requested the above item be taken off the Consent Agenda because of a concern in terms of the expenditure of funds. Coamunity Development Ad~inistrator Olll!f concurred with Co..issioner Saunders' concern about the County's expenditure of funds, but stated that Staff does not have the available personnel to manage the current development and building related reviews. He stated that Statt is in the process of hiring an engineer and has been unable to fill the position. In response to Commissioner Saunders, Mr. Olliff stated that funds are available within the Community Developaent Reserves, and the request will be limited to $20,000. Assistant County Manager McLemore advised that the work is presently being done on a consultant basis through the Public Worlcs Division, however, Staff needs the Board's authorization to continue the work, until a person is hired for the position. Public Works Administrator Archibald stated that it would not be possible to use Staff because the manpower is not presently available, and would delay other areas. Commissioner Saunàers indicated that he wanted to ascertain that the County is saving as much as possible in its use of consulting firas, however, Staff has reassured hi. that the request is indeed necessitated. CO88.1_ioner Goodnight 8OVed, seconded by Co..i.sioner Pl.tor and carried unani80U8ly, that the .tandard requir...nts tor coapetitive biðd~ be waived, Statt was directed to negotiate a contract with Bruce Green II Aaeociates, Inc. not to exceed $20,000 to ...i.t the D8'Irelop88D.t Servic- Depart_nt with petition and construction c1ocu- 88S1t rev1_. It- ....2 Page U ro .. -.-.....----,- OCTOBER 25, 1988 COMPn'ITIVE SJtLECTIOH PROCUS HAlVED FOR THE DUIGK AJß) EJlGIJrEERIHG OF .ur ~DITIO1I TO BOILDIHO C-2 (PROPER't'Y APPRAISER'S On-ICE) AJm JrEGO1'Un CO1ITR.ACT WI'I'D L. W. S.".. IKC. OF PT. MYERS - APPROVED Public Works Ad.iniotrator Archibald requested authorization for an addition to the Prop~rty Appraiser's Building C-2 to provide added space for the computer programs. and to perform certain MSTU func- tions related directly to the Pine Ridge Industrial Park development project; the Naples Production Parlc project, and the Livingston Road project. He requested that an emergency be declared and that a contract be negotiated with the original engine~rs on Building C-2, L.W.S.M., Inc. of Pt. Myers, which would result in a savings to the County, and the addition can be expedited. Co8al..ioner Pi. tor aoved, seconded by Co..i..ioner Bas.. and carried unanl80'U81y, declaring an e_rgency in consideration ot i--- diate floor 8pace requireaents; to waive the coapetitive selection pro- ces., and Statt to n&gotiate a contract with the original engineers on 8uild~ C-2, L.N.S.M., Inc. ot Ft. Myer.. It- ftF1 MCKDAT HIGHT OCTOBER 31, 1988 DUIGHATED AS "TRIC~-OR-TRJtAT HIGHT IH COLLID ~-=-~Q~J)--- ---- ~..ioner Pi.tor aoved, .~conded by Co..issioner Has.. and carried anani80'U8ly, that Monday night October 31, 1988 be de.ignated .. 8Trick-or-Treat8 night in Collier County troa 6:00 p... to 1:00 p... It- ftF2 RrP ..-1317 FOR THE SELECTIO. OF A CO.SULT~ TO PREPARE A CDBO APPLIGATIOH FOR COLLIER COUJrTY AWARDED TO FRED POX EJrT1tRPRISU Assistant to the County Manage~ MacKenzie ntated that acting on Board's direction of August 18, 1988, Staff sent out proposals to firas to prepare a Co.munity Development Bloclc Grant application tor Collier County. He noted that on October 17. 1988 three proposals were received from Fred Fox Enterprises, John L. Adams & Company, and Page 30 5~ OCTOBER 25. 1988 Mike Langton & Associates, which h~ve been ~valuated bas~d on written and v~rbal presentations. He stated that Fred Fox Enterprises received the highest ranking from the selection committee, John L. Adams & Company Mas the second choice, and Mike Langton & Ass~ciates was chosen as the third firm. In response to Comaissioner Pistor, Co.missioner Goodnight advised that Fred Fox !:n':erprises opf".rates an out-of-town office, and has volunteered his serviceB to the Collier County to prepare the CDBG application. CoIIa1_1cmer Pistor 8OVed, -cond.ed by Co_is. loner Goodnlght and carried 8Dani80'U8ly. that RFP 88-1317 be 8W4rded to Fred Fox Enterprl... tor submittal ot CollIer County CDBG application only. It:- -lOA 1tKSOLOTI0IJ 18-213 TO StJPPLEMEJrr AJrD AKD'D RLSOLUTIO. 88-211 RE ~SITIO1f OF~- ~~ ~Q!t=J~~!~(L~R-9ð~-=-_~PTE~- County Attorney Cuyler recommended that a reoolution be enacted to supplement and amend Resolution 88-217 which authorized the acquisition of lands by gift, purchase or condemnation. necessary for the tour-laning of State Road 951 fro. u.s. .1 to the Marco River Bridge. He noted that the words "tee simple title" will be added, as "highlighted" in documentation provided to th~ Board. Co8aissioner Pi.tor 8OVed, "conded by Co_issioner Goodnight and carried unaniaou.ly, that Resolution 88-273 to .uppleaent and 88eD4 a..olution 88-211 with the words .tee staple title., be adopted. Page 31 100 OCTOBER 25, 1988 It- .111.1 BODO.: ~.~~~1a "-'3~L!1' - ADOPTED en--i..iooer Goodnight aaved, seconded by Co..i..loner Pi.tor and carried anan~ly, that Bu4get Aaendaent. 88-433/434 be adopted. It- .11A3 BCIJU&Z &:-,.-1...-1' RJtSOLUTIO8 88-40 - ADOPTED ('~~..l00er Goodnlgbt acNed, .econd.ed by Co-issioner Basse and carried ~i8nU8ly, that Budget Auend8ent Resolution 88-40 be 8dopU4 . Page 32 , ':), ') ",,_... ....".".." ".- OCTOBER 2&. 1988 I~- .12,A DISCUS8IOJr U ZD.O PDCUT TAX nCRJtASE FOR THE 1989/90 BUDGET - CO.t1~~~ TO ~ER 22, 1988 Co..issioner Saunders indi~ated that Mr. McLemore has prepared a thorough report dealing with productivity, however, the report does not specify how each department's operation can be dealt with. He stated that on Hovember 1, 1988 Mr. McLemore will be asked to consider the development of a formal proQra.. wherf'.hy f"ach department will be evaluated for efficiency on an annJal basis. Responding to Commif<Rioner Goodnight, Mr. McLemore stated that the report describe3 the level of efforts and addresses a certain level ot resources. He indicated that presently there 1s a program in place which will be presented at the next scheduled meeting. Commissioner Glass recommended that the meeting be scheduled for November 22, 1988, as to ~lve the new Comaissioners the opportunity to participate. Coaaissioner Plstor stated that the Board should wait until after the first of the year before the aforementioned is undertaken, as pre- se~tly the Board cannot foresee what is going to occur in the near future. Co..issioner Saundf"rs, however, stated that he did not feel it was too early to set the "tone" to accomplish a zero percent tax incr-ease. The Board unanimously agreed to continue this item on Ho'/eaher 22, 1988. It.. .128 RKSOLDTI08 88-27. APPOIWTI.a DAVID B. LAWD TO PILL VAC~CY O. THE COLLIn COOJrTY POCUT OP POVERTY REVIE'M COMMITTEE - ADOPTED C48a1_ioner Goodnigbt lIOVed, seconded by Co..is.ioner Pistor and carried UAaDi80U8ly, that Reaolution 88-27. appointing David B. ~ to t:..be Collier County Pocket ot Poverty Review Co_itt_, be adopted . Page 33 '~ll ""'" ."..-,.,- ..." ."......... ---, OCTOBER 25, 1988 ... ~t-l0D8r Pi.tor 8OVed, aeconded by Co..i..ioner Goodnight aDd carried 1ID8nl.8ov.8ly, that the following it... be approved and/or 8dopte4 1IIIIide'r the Con8en t ~: It- #1""1 BALI'-TIJIK POSITIO1I CRUnD TO PROVIDE ASSISTAKCE OR THE ADMIJr1S'TUTI08 01' ARTII'ICJ;AL REEl' PRO.[ECTS It- .1¿A2 - Continued to 11-1-88 It.. #1¿A3 COtt$ULTA8"r COnaACT WI'I'D "PLAJOII8G SERVICU" TO DEVELOP IMMOJtALEK ~ P'LAX See Pages ...3~-=:i1-!. I - J..3 It.. .1¿B1 I'LDT K.t..IUo.GIXICI BU"DGrI' AKEJrI)ME)I"I' IKCREASIKG OPERATIKG EXPOSES BY DECRUSIJIG USDW.S FOR COIfTIRGERCIES It.. .1¿82 DOUUAI' ~I' TRA.RSPERRIRG P'OTDS FROM 301 RESERVES TO THE CEJI'l'RAL C1IILLD AJID ELltCTRICAL PLAJIT COST CUTER IR ORDER TO COMPLETE TIllS PRO.J'KC'T 111 FISCAL YEAR 1988 - 1989 It.. #1¿B3 I'IIAL PLAT 01' PHASE TB:REE, QUEERS PARI: AT LAGO VERDE WITH STIPt1I.ATIOß With the stipulation th3t the final plat not be recorded until the required i.provements h~ve been constructed and accepted or until approved security is r~ceived for the uncomplet~d improvements and that all construction shall be completed within 36 months of the date of approval. It- #l¿N I'IJU.L PLAT 01' PKLICAJI BAY, UJlIT TO FOR RECORDIKG. KAIJrrDUJCK ~ ~~.JTY ,!Ç,Ç..JPTE]h,,__- - See Pages 3_('.::J3..Lj~5_____- CORSTRt1CTIOW AJID It.. .1¿Dl ACCEPTA»CJt 01' MATER I'ACILITIES I'OR VIREYARDS, UWIT 3 WITH STIPULATIORS 1. The water facilities to serve this project cannot be placed into service or water meters set until the facilities have bacteriologically cleared to the satisfaction of the Utilities Operations Department. 2. Approved connection of the Vineyards PUD is made to the new 30" North County Water Trans.is.ion Main. Recorded in O.R. Book 1390, Pages .2-58 It- #1¿&1 Page 34 1d.6 .... ,.... .. """.""" OCTOBER 26, 1988 a.;YA.8IJSB BLAJrDT PtJ'RCBASIt ORDERS TO TIm .AnltS AIRPORT AUTHORITY rOR '23,000, COt.LID COt11rTY SJlERln'S DEPARTMEKT FOR $12,000, IùID BELL KJtLI~~, rEXTRO. raR 89,000.00 It.. .1.B Ml~S CORRJtSPOJrDUCE rILED lùID/aR RERRRED There being no objection, the following correspondence was filed and/or referred to the various departments as indicated below: 1 . Heaorandum No. 88-172 dated 10/17/88 from Tom F. Wooten, Chief, B~reau of Enrollment & Contrihutions, Division of Retirem~nt, re Membership Options for Elected County Officers. Referred to Huaan Resources, BCC and filed. 2. Heaorandum dated 10/06/88 from Rosa Morgan, Community Program Administrator, DCA, to Potential Economic D~velopment Recipients and Other Interested Parties re Deadline for Submission of Florida ScalI Cities Community Development Block Grant Program Ph~5e I Economic Development Category Applications and Schedule of Worlcshop for All Potential Applicants. Referred to Tom Olliff, Wanda Jones and filed. 3. Grant Adjustment Notice dðted 10/IO/RA from Earl H. Parmer, Authorized Official Director, Division of Housing and Co..unity Development, DCA, re Enforcement/Apprehension. Referred to Tom Olliff, Wanda Jones and filed. . . Memorandu. dated 10/10/88 from Barry A. Swihart, Chief, Bureau of Waste Planning and Regulation, DER, re Availability of Grant Funds. Referred to Heil Dorrill, Bill Lorenz, and filed. 5. Meaorandum dated 10/10/88 from Don W, Berryhill, P.E., Chief Bureau of Local Government Wastewater Financial Assistance, DER, re public workshop on Revolving Loan Program Rule, Chapter 17-503, Florida Administrative Code. Referred to Neil Dorrill, Tom Crandall and filed. 6. Letter dated 10/14/88 to BCC from Rob Loflin, Environmental Specialist, DER, enclosing short torm application, File No. 111558335, which involves dredge and fill activities in waters of the State within the limits of this jurisdiction. Referred to Neil Dorrill. George Archibald, Bill Lorenz and filed. 7. Letter dated 10/10/88 from Richard White, Administrator, Records Management Section, Bureau of Coastal Engineering and Regulation, DNR, re notice of expiration of Permit CO-1l20, John and Frances Glaser. Referred to Tom Olliff, George Archibald, and filed. 8. Memorandum dated 09/26/88 ~rom Peter Ii. ~towt!ll, Director, Southeastern Area, U.S. Department of Transportation. re Hew Format Change in Funds Transfer Deposit message. Referred to Jeff Perry, George Archibald. 9. Meaorandum dated 10/1./88 troD Peter N, Stowell, Director, Southeastern Area, U.S. Department of Transportation, re FY 1989 Release Cycles. Referred to Jeff Perry, George Archibald, and filed. Page 35 l'd.ì ,"", '" .-. -~ ,-...,- OCTOBER 2~, 1988 10. Letter dated 10/11/88 from East Naples Fire Control and Rescue District notifying of change of address. Referred to Jay Reardon, Neil Dorrill, and filed. 11 . Letter dated 10/07/88 fro. Rep. Mary Ellen Hawkins acknowledging receipt of Resolution 88-04 requesting approval and construction of an interchange at 1-75 and SR 29. Referred to BCC and filed. 12. Letter d~ted 10/17/88 frum Raymond H. Barnett, Deputy Chief, Services Division, Collier County Sheriff's Department. re Interest Earnings - 1987-88, filed. 13. Minutes: 0./19/88 - Immolcalee Lighting & Beautification Advisory Committee and 10/18/88 Agenda 10/06/88 - CCPC and 10/20/88 Agenda It.. #14Hl $ATIØACTIOJI or LIDS rOR SERVICES or 'I'BJt PUBLIC DEFUDER See Pages ~~ ' / - :;. ... There being no further business tor the Good of the County, the meeting was adjourned by Order of the Chair - Time: 12:10 P.M. BOARD OF COUNTY COMMISSIONERS/ BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ATTEST~ J~ c. GILES:'~~ERK ( , .... 4~~h" 4 ' \, ' LJ~ .' / /;;1 f "'. Theš~ 8inutes approved by the Board on as presented or as corrected /~ Page 36 1;)2 ',U-""""