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BCC Minutes 09/27/1988 R -----" , - - .. Naples, Florida, September 27, 1988 LET IT BE R£}IEMßERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 A.M. in REGULAR SESSION in Building "F" of the Government Complex, Eðst Naples, Florida, with the following members present: CHAIRMAN: Burt L. Saunders VICE-CHAIRMAN: Anne Goodnight John A. Pistor Arnold Lee Glass Max A. Hasse, Jr. ALSO PRESENT: James C. Giles, Clerk; John Yonkosky, Finance ." Director; Maure~n Kenyon, E11ig Hoffman, and Dalila Mendez, Deputy Clerks; Neil Dorril1, County Manage;; Ron McLemore, Ass:stant County Manager; Tom Olliff, Acting Community Development Administrator; Ken Cuyler, County Attorney; Tom Crandall, Utilities Administrator; George . Archibald, Public Works Administrator; Philip Scheff and Barbara Cacchione, Planners; Ken Baginski, Planning Services Manager; Kevin O'Donnell, Public Services Administrator; James Reardon, Emergency Services Adminiðtrator; Nancy Israelson, Administrative Assistant to the Board; and -Deputy Chief Ray Barnett, Sheriff's Department. " Page I &OOK 118 PA'.£ 240 OK 118 Plr.( 249 Tape 11 Itea 13 S~PTEMBER 27, 1988 AGENDA - APPROVED WITH CHANGES Commissioner Pistor moved, seconded by Commissioner Saunders and carried unanimously, that the Agenda and the Consent Agenda be approved with the following changes: 1. Approval oC minutes should read Regular Meeting of September ~ and September 13 and Budget M)eting of September 7, instead or September 13 and September 19. Item 9A7 moved to Item 9D2 re Cees and charges Cor utility construction document processing and inspection services. 2. 3. Item 12A continued to October 4, 1988 re Marco Island Beach Rcnourishmcnt Advisory Committee 4. Item 1482 mov~d to 9B3 r~ excavation permit 59.330, Naples Farms 5. Item 1466 moved to Item 964 re waiving competitive selection process, declaring emergency and negotiating a contract with Smalley, Welford and Nalvin, Inc. for the design of two roadways in :mmokalee. Item 14B7 deleted re executing purchase agreement for right- of-way for the four-lane expansion of S.R. 951 between U.S. 41 and Marco Island. 6. 7. Item l4C2 moved to Item 9CI re e3tablishing a schedule of parking fee~ at the Clam Pass Park, Tigertail Beach & Vanderbilt Beach County Parking facilities. 8. It~m 1401 moved to Item 903 re authorization for Chairman to sign interlocal wastewater agreement with the Beach and Tennis Club and Lee County and to be heard before Commissioner Pistor departs from the meeti~g. 9. Item 14Gl moved to Item 9G3 re adding East Naples Civic Association to the list of recognized geographic groups par- ticipating in the fire Consolidation Phase I study. Item 9fl to be heard at 10:30 A.M. re escort services in Collier County. 10. pagc 2 - - ---*-,--- . --.--, . - - ---.-.-,.. 1988, be approved as presented. SEPTEMBE~ 27,1988 It.. 14 MINUTES OF REGULAR BCC MEETINGS 01" SEPTEMBER 6 AND 13 AND BUDGET MEETING OF SEPTEMBER 7, 1988 - APPROVED AS PRESENTED c088issioner pistor moved, seconded by commissioner Hasse and carried unaniøously, that the minutes of the Regular Board meetings of september 6 and september 13 and the Budget Meeting of september 7, Itea 15A PROCLAMATION DESIGNATING GRE~TER MAPLES QUEER'S DAY AS OCTOBER 1, 1988 - ADOPTED commissioner Hasse read and presented the proclamation to Joyce Tice, representing the Greater Naples Queen's. commissioner Hasse moved, seconded by commissioner Pistor and carried unaniøously, that the proclamation designating Greater Naples Queen's Day as October 1, 1988, be adopted. Page 3 &DO( 118 W.{ 250 -"-- SEPTI::MBER 27, 1988 It.. 158 PROCLAKATIOJl DESIGNATING THE WEElt OP OCTOBER 23-30,1988 AS "RED RIBBOJI WEE~" - ADOPTED Upon reading of the proclamation and presenting same to Kevin O'Donnell, Administrative services Director, Commissioner Goodnight moved, seconded by Commissioner pi.tor and carried unanimously, that the proclamation designating the week of October 23-30, 1988 as "Red Ribbon Week", be adopted. Page 4 &CO( 118 pm 252 " -,-"- SEPT~9E~ 27, 1988 Itea 15C PROCLAMATIONS RECOGNIZING ALEX KIRXHAN; FREDERICK T. BARBER, III; FERKIN A. DIAZ; AND DOMINICK AMICO OF THE LOCAL ENGINEERING AND CONSTRUCTION COKHUNITY FOR THEIR ASSISTANCE IN THE DEVELOPMENT OF THE COLLIER COUNTY UTILITIES STANDARDS AND PROCEDURES ORDINANCE - ADOPTED Upon reading the proclamation by Commissioner Glass, Commissioner pistor moved, seconded by Commissioner Glass and carried unanimously, that the proclamations recognizinq Alex Kirkman; Frederick T. Barber, III; Fermin A. Diaz; and Dominic~ Amico of the local enqineering and construction community for their assistance in the development of the Collier County utilities Standards and Procedures ordinance, be adopted. Page 5 &DD~ 118 P1Gt 254. / - - - SEPTEMBER 27, 1988 It- '50 PROCLAXATIOJf DESIGJfATIJfG THE WEEK OF OCTOBER 2-8, 1988 AS "MEJlTAL ILLIfE8S AWAREJfESS WEEK" - ADOPTED Opon reading of the proclamation and presenting same to Audrey Harcbesano, commissioner Pistor moved, seconded by commissioner Glass and carried unanimously, that the proclamation designating the week of October 2-8, 1988 as "Mental Illni!ss Awareness Week", be adopted. Page 6 aoo( 118 w.~ 256 - - - SEPTEMßER 27, 1988 Ite. UBI PETITION R-88-5C, WILSON, KILLER, BARTON, SOLL, , PEE~, INC. REPRESENTING SHOWAKERICA ATTRACTIONS, INC. - WITHDRAWN PER PETITIONER'S REQUEST coaaissioner Pistor moved, seconded by Commissioner Hasse and =arried unanimously, that Petition R-88-SC be withdrawn. I tea UB2 PETITION R-88-4C, CHARLES L. SHrXKWAY, FIRST PLAZA CORPORATION OF NAPLES, INC. REPRESENTING DON L. HUFFMAN, 2UC~EYE INVESTMENT CORPORATION - CONTINUED FOR REA~VERTISEKENT BEFORE THE CCPC AND acc commissioner pistor moved, seconded by Commissioner Hasse and carried unanimously, that Petitioner R-88-4C, be continued for reað- vertiseaent before the CCPC and the BCC. Itea 1683 ORDINAØCE 88-73 RE PETITION R-87-44C, WILBON, MILLER, BARTON, SOLL' PEEK, INC. REPR. AYERS PARTNERSHIP, REQUESTING A REZONE FROM A-2 TO C-4 FOR A SHOPPING CENTER AT THE SOUTHEAST CORNER OF AIRPORT-PULLING ROAD AND IMHOUoLEE ROAD - ADOPTED SUBJECT TO PETITIONER'S AGREEHENT Legal notice havIng been published in the Naples Daily News on August 26, 1988, as evjdenced by Affidavit of Publication filed with the Clerk, public hearing was opened to conslåer Petition R-87-44C, filed by Wilson, Miller, Barton, Soll & Peek, Inc. representing Ayers Partnership, requesting a rezone from ^-2 to C-4 for a shopping center on property located at the southeast corner of the intersection of Airport-Pulling Road and Immokalee Road in Section 25, Township 48 South, Range 25 East, consisting of 15.9 acres. Planner Cacchione stated that lands to the north are zoned RSF-): Page 7 BOOK 118 rA'.[ 258 aDO< 118p:,,~ 259 SEPTEMBER 27, 1988 lands to the ~a5t are ~oned A-2. A-2 "ST" and RSF-l: lands to the south are zoned PSf-2: and lands to the west are zoned PUD. She stated that lands to the north are vacant: lands to the east contain si~gle-family dwelling uni~s, a well drilling business and undeve- loped land: lands to the south contain single-family dwellings and a church; and lands to the west contain the Greentree Shopping Center and undeveloped land. Hr. Alan Reynolds of Wilson, Miller, Barton, 5011 & Peek, Inc., represe~ting the Petitioner, stated that this petition has been reviewed by all County agencies and has been recommended for approval subject to stipulations which the petItioner concurs with as contained in the agreement sheet. C~mmissioner Hasse questioned wh~t impact this project would have on the water sy~trym, to which Planner Cacchione indicated that the petitioner is required to meet the waterflows and it is a stipulation contained in the agreement sheet. In answer to CommIssioner Saunders, Ms. Cacchione stated that this petition is in complIance wIth the existing Comprehensive Plan and will also be in compliance with the new Comprehensive Plan. co..issioner GOOdnight moved, seconded by Commissioner Pistor and carried unanimously, that the public hearing be closed. coamissioner Goodnight moved, seconded by Commissioner Pistor and carried unanimously, that the Ordinance as titled and numbered below Page 8 - - - ~ , k l . .--.-. - - - SEPTEMBER 27, 1988 be aðopted subject to the Petitioner'. Agreement anð entereð into Ordinance Book "°. 32: ORDINANCE 88-73 AU ORDINANCE AMENDING ORDINANCF: 82-2 TilE COMI'RElllo:NsIVE ZONING REGULATIONS fOR TIŒ UrHNCORPORATED AREA OF COLLIER COUNTY, fLORIDA, BY A,.U.:tIOING TilE OfFICIAL ZOrliNG ATLAS MAP NUMBER 48-25-7 BY CIIMIGItiG TilE ZONING CLASSIFICATION OF TilE HEREIN DESCP.J~I:::D PROPERTY LOCATED AT SOUTIIEAST CORNER Of THE IHTf.RSECTION Of AIRPORT-PULLING ROAD AND IMMOKALEE ROAD (CR 846) IN SF-CTIOh 25, TOWNSHIP 48 SOlITlI, RANGE 25 EAST, 15.9 ACRES FROM A-2 TO C-4; AND 6Y PROVIDING fOR AN EFFECTIVE DATE. Page 9 &OIX 118 p~'~ 260 / SEPTEMBER 27, 1988 Item 16B4 ORDINANCE 88-74 RE PETITION R-88-1C, WILBON, KILLER, BARTON, SOLL, , PEEK, INC., REPRESENTING COLLIER DEVELOPMENT CORPORATION, REQUESTING ^ REZOJfE FROK A-l KH TO PUD ItNOn AS "HERITAGE" IN IKKOItALEE - ADOPTED SUBJECT TO PETITIONER'S AGREEKENTS Legal notic~ having been published in the Naples Daily News on August 26, 1988, as evídençed by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition R-88-lC, filed by wilson, Miller, Barton, 5011 I> PI?fó'k, Inc., representing Collier DcvclQpmcnt CQrpofation, requesting a rezone fro~ A-I MtI to PUD J.:nown as "Heritag<::" for 798 residential units, 13 acres of commcr- cia 1 uses, community uses, and reçreational facilities, for property located on the east sIde of SR-29 and the north side of Madison Avenue in Section 28 and 33, Township 46 South, Range ¿9 East, in Immokalec consisting oC !345.6 açres. Planner Cacchionc gave the ~eneral location of the project and indicated that lands to the north and east contain citrus groves, posture, fallow farm fields, and scattered wetland depressions; lands to the south contain a developed single-family subdivision; and lands to the west contains ð cow pasture. She stated that the subject pro- ?erty is located within the Urban Area of Immokalee as designated on the Comprehensive Plan's Future Laild Use Map and the proposed uses ar'-" allowed within the Urban Area provided that all requirements and cri- ter ia are met. She indicated that Slaff reviewed the 13 acre commer- cial r~quest under the 5-2-1 PUD commercial which has bee~ under a Page 10 eoo( 118 ":'.1 266 aDO( l1R'n2G7 SEPTEM6ER 27, 1988 moratorium th~ past y~ar. She noted that th~ moratorium lapsed on Jur,~ 23. 1988. and has not b~~n reactivated at this time, rerefore, the petitioner 15 eligible to request this provision under the Co~prehensive PJðn. She noted that the maximum acreage ðllowed for commercial under the S-2-1 rule for this project IS 13 acres anr th~ propo3ed uses are intcnd~d to be lowcr level support retail facili- ties, addIng that thes~ uses are usually limited to convenience oriented neighborhood serving uses which would serve the residents oC the PUD. She reported that Staff recommended that certain uses be deleted from the PUD as noted in the staff report ðddendum. She indi- cated that Staff and all appropriate County agencies reviewed this pctition and have no objection to its approvaJ 5ubject to the stipula- tions contained in the staff report and the two agreement sheets. She stated that the CCPC hcld two public hearings; one on July 7 and one on September I, 1988, notIng that at the July 7, 1988, meeting various items were discussed and were resolved. She noted that the CCPC 1uggested that the petitioner add additional commercial acreage and the petitioner added an addItIonal five commercial acres which made up the total 13 acres and then added an additional 4.6 acres to the communIty use sit~. She noted 'hat th~ p~titloner has stated his Intent to com~ In at a future date to amend the PUD to request this 4.6 acres for commercIal use as well. She noted that there were changes made to slgnage and fire protection. She stated that the CCI'C Page II ¡ &0°' 118 P1r.~ 268 SEPTEMßF.R 27, 1988 forwarded this pc tit ion to thc Board with a recommendation of approval subject to the p~tition~r's agreements. She concluded by stating that there was no public input at the CCPC hearing nor was there any correspondence received. Commissioner Saunders questioned if the petitioner is in agreement with the stipulations, to which Ms. Cacchione replied affirmat:vely. Commissioner Saunders questioned if this location is an appropriate location for commercial and IC Staff feels that the mora- torium should be put into effect again, to which Ms. Cacchione indi- cated that the location IS appropriate for commercial. She noted that with regards to the moratorium, she docs not see much sense in putting it into effect again as it wil] take four to six month for a petition to be brought before the Board if it is filed at this time and by the middle of January the new Comprehensive Plan ~ill be adopted, which will take care of this concern. In answer to Commissioner Saunders, County Attorney Cuyler stated that the filing date is not the date that is tne determining factor, it is the date of review and any petition would have to adhere to the plan that is in existence at that time. Mr. Alan Reynolds of wilson, Miller, Barton, SoIl & Peek, Inc. , representing the Petitioner, stated that there are no outstanding issues on this ~atter, adding that it has been reviewed by all appropriate agencies and is being recommended for approval. Page 12 / aDo. 118 Pl';[ 269 SEPTEMBER 27, 1988 comaissioner Goodnight moved, seconded by Commissioner Pistor and carried unanimously, that the public hearing be closed. c088issioner Goodnight moved, seconded by Commissioner Pistor and carried unanimously, that the ordinance as numbered and titled below be adopted subject to the Petitioner's Agreements and entered into ordinance Book 32: ORDINANCE 88-71\ AN OIWWANn; AMENDING ORDINANCE 82-2, Tm COMPRr-:lIENSIVE: ZONING REGULATImjS r-"OH TilE UNINCORPORATED AIŒA OF COLLIER COUNTY, fLORIDA, BY AMENDIN<:. Tm; OffICIAL ZONItIG ATLAS MAP NUMBER 46-29-8 BY CHANGING THE ZONING CLASSIfICATION Of THE HEREIN Dr-:SCRIBED PROPERTY LOCATED ON THr-: EAST SIDf: Of SR-29 AND TIlE NORTH SIDf. Of MADISON AVENUE IN SECTIONS 28 AND 33, TOWNSHIP 46 SOUTH, RANGI-: 29 EAST (IMMOKALEE) fROM A-1MH TO PUD KNOWN AS "IIElUTAGE" FOH 798 RESIDENTIAL UNITS, 13 ACRES Of COMMERCIAL USES, COMMUNITY USES AND RECREATIONAL fACILITIES, +345.6 ACRES; Arm BY PROVIDItIG fOR AN EFFECTIVE DATE. - Page 13 - ao~ 118 ~&',~ 273 SEPTEMBER 27, 1988 Itea '6B5 ORDINANCE 88-75 RE PE~ITION R-88-8C, DAVID EVANS AND ROBERT STOWERS, REQUESTING A REZONE FROM A-2 TO RBF-4 FOR 39 DWELLING UNITS FOR PROPERTY LOC"TED ON THE SOUTH SIDE OF BAILEY LANE - ADOPTED SUBJECT TO PETITIONER'S "GREEMENT Legal notice having been published in the Naples Daily News on August 26, 1988, as evidenced by AfCidavit of Publication filed with the Clerk, public hearIng was opened to consider Petition R-88-8C, Ciled by David Evans and Robert Stowers, requesting a rezone from A-2 to RSf-4 for 39 dwel lIng units for property located on the south sidc' of 6ailey Lane approximately 1/4 mile west of Airport Road in Section 23, Township 49 South, Range 25 East, consisting of 9.76 acres and is a companion petition to PU-88-10C. Planner Scheff stated that he wo~ld be presenting this petition and Petition PU-88-10C, Item 162 together. He indicated the general location oC the property, noting that lands to the north include a single-Camily home and undeveloped woodlands; lands to the east arc developing with a mixture of single family homes dnd duplexes; lands ~o the south are single-Camily homes; and lands to the west are unde- veloped woodlands. lie indicated tt.at this petition is for 39 dwelling units and the assocIated provisional use IS to allow mixed single family and cluster housIng. He noted that Staff sees a need for buf- fering along the southern perimeter of the project to protect Poinciana Village, whIch must be in accordance with Section 8.37 of th,' Zoning Ordinance. lie reported that thc proposed density for this pro- Page 14 - - - SEPTEMBER 27, 198& ject is compatible with adjacent property and the character of the general neighborhood and, therefore, is appropriate in this area. noted that the Petitioner must provide a central sewage system for the site in order to recelve the necessary points to allow the requested 4 dwelling units per gross acre, and iC the petitioner cannot provide this system, the density as requested would not be in compliance with the Comprehens;ve Plan ~nd Staff would hðve to recommend denial of this petition. He noted that t:,e Health O.-...partment has indicated that this site cannot be serviced wi~h septic tanks due to State require- Ølents. He indicated that the CCPC held their public hearing and recommended approval of this petition subject to stipulations con- tained in the petitioner's agreement sheet. He further noted that no one spoke for or against the petition at the CCPC public hearing and there has been no correspondence received. Commissioner Hasse questioned if this is the area where there has been concerns regarding drainage, to which Public Works Administrator Archibald stated that one of the conditions for approval is that the petitioner assure that there is an outfall for this project and that is a condition of obtaining development permits. lie not....d that he hfl!'i not been able t~ negotiate with owners and he is in the process of going through eminent domaIn at the present time in order to obtain the necessary rights-of-way. He stated that there are three projects in this area and they all have the same condition, that permits cannot Page 15 &OO( 118 Pl'.t 274 "..---- II", -.-' ao. 118 P1',~ 275 sEPTEM6ER 27, 1988 be obtained unti I they have tt,e down stream r íghts-of-way resolved and then at that time, construction can begin. Ms. Debbie Gress. representing David ~vans and Robert Stowers, stated that the petitIoners are In agreement with the stipulations. comaissioner Pistor moved, seconded by Commissioner Glass and carried unanimously, that the public hearing be closed. . Comaissioner Pistor moved, seconded by Commissioner Glass and carried unanimously, that the Ordinance as numbered and titled below be adopted subject to the Petitioner's Agreement and entered into ordinance Book "0. 32: ORDINANCE 88-75 AN ORDINANCE AMENDn¡G ORDINANCE 82-2 THE COMPREHENSIVE ZONING REGULATIONS FOR TilE UrlINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OfFICIAL ZONING ATLAS MAP NUM6ER 49-25-6 BY CIIANGING TilE ZONING CLASSIfICATION Of THE HEREIN DESCH I In:!) PROPEWry LOCATED ON TilE SOUTII 5 I DE OF BA I LEY LANE APPROXIMATELY 1/4 MILE WEST Of AIRPORT ROAD IN Sf:CTION 23, TOWNSIIIP 49 SOUTII, RANGE 25 EAST, 9.76 ACIŒS, fROM A-2 TO RSF-4 TO ALLOW 39 DWELLING UNITS; ANI' BY PROVIDING fOR AN Efn:CTIvr: DATE. Page 16 - - - \ ( tOO< 118 '1'-t 279 SEPTEMBER 27, 1988 Itea 17B2 RESOLUTION 88-225 RE PETITION PU-B8-10C, DAVID EVANS' ROBERT STOWERS REQUESTING PROVISIONAL USE "G" OF THE RBP-4 DISTRICT POR CLUSTER HOUSING ON THE SOUTH SIDE OP BAILEY LAKE, COMPANION TO PETITION R-88-8C - ADOPTED SUBJECT TO PINDING OF FACT AND PETITIONER'S AGREEJŒ1f'1' cO8aissioner pistor moved, seconded by Commissioner GooCnight and .~rried unaniaously, that Resolution 88-225 re Petition PU-88-10C, be nðopted subject to Finding of Pact and the Petitioner's Agreement. Page 17 - - - -- SEPTEMBER 27, 1988 It- ,6Cl RESOLUTION 88-226 RE PETITION SKR-88-1C, PLANNING DEPARTMENT REQUESTING MARSEILLE DRIVE SOUTH IN RIVIERA COLONY GOLF ESTATES BE RENAKED MARSEILLE DRIVE ~ND UNNAMED STREETS OFF MARSEILLE DRIVE BE JfAXED MARSEILLE DRIVE SOUTH AND CHANTELLE DRIVE - ~DOPTED Legal notice having been published in the Naples Daily News on Sl!ptember 11, !986, as evidenced by AfCidavit of Publication filed with the Clerk, public hearing ~as opened to consider Petition SNR-88-IC filed by the Planning Department requesting Marseille Drive South in Riviera Colony Golf Estates be renamed to Marseille Drive and unnamed streets off Marseille Drive be named Marseille Drive South and Chantelle Drive. Planner McDaniel stated that when this petition originally came before the 60ard it had not been properly advertised and 'e was instructed to advertise and then come back to the Board. He noted that this petition has now been advertised and the public has been notified, adding that he is requesting approval. commissioner pistor moved, seconde4 by Commissioner Goodnight and carried unanimously, that the public hearing be closed. Comaissioner Pistor moved, seconded by Commissioner Hasse and carried unanimously, that Resolution 88-226 re Petition SNR-88-1C be adopted. Page IS &00« 118 ,,:';! 286 \ S~PTEMnER 27, 1900 Ite. 16C2 RESOLOTIO. 88-227 RE PETITIO. SBR-88-3C, PLANNING DEPARTMENT REQUESTI~ A PORTION OF WHITE 8OUL~RD AND A PORTIO" OF PINE RIDGE ROAD BE RENAMED TO PINE RIDGE ROAD EXT&BSION - ADOPTED ~gal notic~ having be~n published in th~ Naples Daily News on September 11, 1988, as ~vidcnced by ^CCidavjt of Publication filed with the Clerk, publIc hearing was opened to consider Petition SNR-B8-3C, filed by the Planning Department requesting a portion of White Boulevard and a portion of Pine Ridge Road be named Pine Ridgc Road Extension. Planner McDaniel stated that this is basically a housekeeping item, noting that this portion of the road goes from 1-75 east to C.R. 951. He noted that the petItion has been advertised and legal requirements have been met. commissioner Pistor moved, seconded by Commissioner Goodniqbt and carried unanimously, that Resolution 88-227 re Petition SBR-88-3C be adopted. Page 19 loDe JLJL~,:~! 2!J() , - - - sEPTEMBEF 27, 1988 It.. I6C3 RESOLUTION 88-228 RE PETITION AV-88-021, WILSON, KILLER, BARTON, SOLL , PEE~, INC., AGENTS FOR PETITIOØER, REQUESTING VACATION OP A PORTION OF THE DRAINAGE EASEKENTS LOCATED ON TRACTS "RAft' fiRS" LOCATED ON THE PLAT OF KARCO .BE~c:!t_R~PLA..!~_~~RTI.2!'- OF UNIT ELEVEN - ADOPTED Legal notice having been published In the Naples Daily News on ~eptembcr II and September 18, 1988, as evidenced by Affidavit of publication {iled with the Clerk, public hearing was opened to con- sider Petition AV-88-021, {iled by Wilson, Miller, 6arton, Soli & ~eek, Inc., Agents for the Petitioner, requesting a vacation of a portIon of the drainage casements located on Tracts "RA" & "R6" on the plat of Marco 6each, replat of a portion oC Unit Eleven, to allow petitioner to better utilize tracts so that the Petitioner may replat. Public Works Administrator Archibald stated that the parcels are located adjacent to Elkcam Circle and Collier Boulevard. He noted that the existing casements and the new easements will be dedicated to the County so that the buildings can be properly loc~ted on the par- cel. He noted that the easements will be replaced by a far greater amount of easements that will serve the County's purpose. He noted that Staff has no objection to this vacation and he is requesting approval and authorization of the execution of the resolution by the Chairman and the recordation of same by the Clerk. Mr. Ira EVðOS, resident of Marco Island, stated that there will be a shopping center on this property, which IS going to create worse drainage problems than already exist, adding that he hopes that &OO( 118 PI'.! 292 Page 20 ".- ,GO< 118nr.t293 SEPTEMBER 27, 1988 adequate precautions have been taken to prevent flooding. Mr. Archibald slaled that the storm drains will be replaced, adding that one of the problems has been that two of these storm drains arc at the same level as Smokehouse Bay. lie noted that the overall result will improve the drainage with regards to capacity and will also eliminate som~ of the existing problems with flooding. co..issioner pistor moved, seconded by commissioner Goodnight and carried unanimously, that the public hearing be close4. comaissioner Pistor aoved, seconded by Commissioner Goodnight and carried unanimously, that Resolution 88-228 re Petition AV-88-021 be adopted. Page 21 SEPTEMB~ 27, 1988 ltea 16C7-11 DISCUSSIOK AKD ACTIONS REGARDING DISTRICTS II, 12, 13, 14, AND IS - EAST AKD SOUTH NAPLES SANITARY SEWER SYSTEM Commissioner Saunders stated that there will be one public hearing held for the East and South Naples Sanitary Sewer System which will cover all five districts. Legal notice having been published in the Naples Daily News on July 7, 1988, and September IJ, 1988, as evidenced by Affidavits of publication filed with the Clerk, public hearing was continued from August 30, 1988 to consider the public hearing on the tentative appor- tionment of cost of assessable improvements for the Special Assessment District Cor Districts '1 and '2. Legal notice having been published in the Naples Daily News on September 11, 1988, as evidenced by Affidavit of publication filed with the Clerk, public hearing waS opened to consider a tentative apportionment of cost of assessable improvements for the Special Assessment District for Districts 13, 14, and #5. Assistant Utilities Administrator Arnold stated tnat a public hearing was held on Districts 11 and 12 on June 13, 1988, adding that there were several continuatIons of that hearing. lie stated that he would suggest that Districts 'I and 12 public hearings be continued ~n order to try.and resolve the remaining issues and finalize those districts and then have a separate public hearing Cor Districts #3, 14, and '5. He noted that the County has been attempting to develop eoo( 118 PAr.! 302 Pagc 22 " .------- ..- Mil( 118 f~-,--n SEPTEMBER 27, 1988 a regional sewer system for its service areas throughout the County; a north service area, a central service area and a south service area. He noted that the initial efforts have been directed toward deve~oping the south service area regional system, adding that this was initiated in th~ 1984-85 time frame when th~ County aecided to do an update of the 201 faci I iti~s Plar, which is the Master Sewer Plan that spells out the 20 year program for sewer improvements in the County. He noted that it is prepared in response to Section 201 of the federal Water Pollution Control Act and the purpose of this is to make the County eligible Cor federal grant funding under the Clean Water Act. He noted that in [~cember 1985, the 60ard of County Commissioners directed that the County staCf update the 201 Plan so that the County would b~ ~ligible for gr~nt funding and in March, 1986, the first grant application for the County Regional System for the South County was prepared. He noted that this grant application was for the treatment plant itself; the master pump stations asso- ciated with it; the major transmission mains that will transmit the raw sewage from the master pump stations to the plant; and an efCluent distribution system which is reclaimed water that is piped out to area golf cours~s and other areas for irrigation use. He noted that in May, 1986, th~rc was a public h"-ðrlng on th"- 201 Plan and on September, 1986, the 201 Plan was further defined and a South County Sewer Master Plan was adopted. He indicated that in March, Page 23 - - - sEPTEM6ER 27, 1988 19B7, there was an informal workshop to discuss the scope and intent of the entire South County system and in November, 1987, the County was awarded a 510.2 million grant toward construction of the system of the South County Regional System. lie stated that in December, 1987, there was a public hearing on the East and South Naples project that is now being discussed, adding that that public hearing was a requirement Cor qualifYIng for grant Cunds to the subject project. He noted that in April, 1988, t~e Board passed a resolution which created Districts II and .2 oC this project. He indicated that there are two separate projects; the Regional System which is the backbone of the system; and the East and South Naples System is the collection syste. and takes in Cive separate districts and will actually provide the lines that run down the streets to which people will actually connect to, which should be assessed at 100\. lie jndicated that the federal Government provides funding assistance for these projects in regards to trying to meet the mandates of the Federal Clean Water Act which is directed toward removing pollution sources and potential health hazards that are represented ly various private Cacilitics in various areas of the Country. lie indicatcd that the facilities in the East and So~th Naples area are the proliferation of septic tanks and package sewer treatment plants that exist in this area. lie noted that there are over 5,000 septic tanks in the area and about 50 package plants in the South County area. lie stated that the heallh Page 24 aao( 118,.".£ 304 \. '01)( 118 F1'.~ 305 SEPTEMßER 27, 1988 and pollution potentials are high enough in these areas and if steps are not taken now, thnre will be some major problems ultimately and the County may be mandated to address the problems. He reported that this project needs to go forward now because the Federal Grants P.'ogram is providing a major portion of the funding for these pro- jects and this is the last fiscal year that the Federal ~overnment will be providing grants for con~truction assistance. He noted that he has been successful in obtaining another $1.1 million in a grant increase. 11(> stated that he is also seeking grant monies for the East and South Naples project, adding that all indications are that the County has met all the required criteria and he expects the EPA to extend a grant oCfer in the neighborhood of $4.5 million in the next several weeks. He noted that if this grant is received, it will represent a potential 23\ reduction in the unadjusted assessment rates. In answer to Commissioner Hasse, Mr. Arnold stated that effluent lines are not part of the assessment project, adding that they are part of the regional project. He noted that a rate is being proposed for the effluent that is being taken to the golf courses. He stated that the ratepayers typically pay Cor the major components of the system, but in a collection system project, the properties that arc to be benefitted pay these cost through an assessment project. Mr. Larry Lukin, representing the Collier County Public Health Pðge 25 - - - SEPTEMB~~ 27, 1988 Department, stated that he is encouraging the Ooard of County Commissioners to go ahead with these projects. lIe noted that his agency's obligation is f~r the protection of the public health and the enhancement of environmental quality. He indicated that the sep- tic tank has its rightful place, but it needs to be in an area where there are large tracts of Jand 50 that it can operate properly and only if it is not ~conomically feasible to put in sewer lines. He indicated that his co~cern is with the urban environment where the potentia] exists Cor diseases and viruses Crom the septic tanks. lie noted that there is increasing concerns about the effects of septic tanks on the water resources for the use of future populations. He indicated that Chapter 1006 regulates the siting, the design and the construction of the septic tank systems. lie noted that these stan- dards are more stringent than when the systems were installed in past years in Districts II through 15. He indicated that sinc~ 1983, there has been a total oC 777 permits issued for septic tank repairs in these districts. He stated that it is for these concerns that he would suggest that this project be undertaken. Mr. Tom Peek of Wilson, Miller, Harton, 5011 & Peck, Inc. , explained the various assessment methods that were examined and ~he determination was to use the front foot assessment method as it is the most equitable and appropriate method. lie noted that there are some areas that have a special assessment as they receive a bene- aoo( 118 F ~.~ 306 Page 26 \ - '* 118n~307 SEPTEMBER 27, 1988 fit exclusive to their particular parcel of land, like an existing mobile home park where there is a package plant. He noted that he proposes that a pumping station be constructed inside the park and a force main to deliver th~ sewage from that park to the collection sfstem, external of th~ park, so the cost will be a soecial ass~ssment to that particular ownership rather than being distributed throughout the entire district. He noted t~at on a typical straight forward lot, it is determined by the front footage ass~ssment taken Crom the property card. lie indicated that on a cul-de-sac lot where there are pie-shape lots, he used the front footage assessment value equal to the average lot width that approaches this lot on the straight part Gf the street. lie stated that where there is a corner lot that Cronts on two streets, both sides are considered and then 150 feet is deducted from the total so that the person is not being double-charged for the corner parcel. He noted that if it was a small subdivision lot on a corner, then only the short side of the lot was used. He stated that if there is a flag-shaped lot due to someone having a larger parcel of land and then subdividing it into two par- eels with an easement for access to the rear part of the lot, that lot is being asscsscd for only the dimension of the flag because the party that owns the property to the rear of the lot is going to have to spend an additional amount of money to bring the service from the street to his parcel in the back. He stated that on an irregular Page 27 ....... , - - - SEPTEMBER 27, 1988 lot that was fronting on three different streets, the location of the sewer installation was lookecJ at as well as the st:'rvice being pro- vided to the property and the frontages were totaled and then the double Crontage oC 150 feet from each side was subtracted so that there was not double charge on any side of the property but there was charge for the other areas of the property where there was access and has an opportunity to utilize the sewer. Mr. Arnold stated that no assessments will be levied against the homes until after the final assessment public hearing which will be held at the completion of the project, which is projected to be done in two years. He noted that it takes about a year to gather all the costs and do the final auditing and then it will be brought back to the Board with the final figures and then ~t that time, the final assessments will be levied against the property owners if the 60ard of County ~ommissioners is in agreement. He indicated that there would probably not be any bills sent out before 1992. lie noted that there will be options to finance these assessments which will be discussed later during the meeting. *.... Recess: 10:25 AK. - Reconvened: 10:35 A.M. at which time Deputy Clerk Hottman replaced Deputy Clerk ~enyon *.*.. Upon return-from the recess, Item '9Fl was heard at this time, but appearing in the minutes after Items 16C7 - 6Cll. Public Hearings on the East and South Naples sanitary Sewer System Districts resumed at this time. AsSistant Utilities Administrator Arnold provided copies of Issues Related to Assessment Districts '1 and '2 - East and South Naples, Page 28 aoo( 118 ,,~r.! 308 , .. 118 ~S'.I 309 SEPTEMBER 27, 1988 Sanitary Sewer System. He advised that these issues respond to inquiries of Staff via public comments, letters received from pro- perty owners, and questions of the Board: Issue "0. 1: Assessment of Collier County Public Schools (CCPS) Mr. Arnold advised that there are several school properties within Assess~nt Districts .1 and '2, noting that some of these are propcr- ties where the schools are locat~d, and some are single-family lots and small parcels spread throughout the District. He advised that the schools were not initially included on the assessment rolls, because StafC was under the assumption that they were exempt by Statute. Ue advised that the School Board had representation at the previous hearings and objected to the assessments, based on exemption by Statute and a recent State Supreme Court ruling. He indicated that County Attorney Cuyler advised that there may be some "grey area" in the position taKen by the School Board, and an Attornpy General's opi- ni?n has been requested. Therefore, he recommends that in the interim, all school propArties should be included on the assessment roll, and if they need to be deleted as per the Attorney General's response, they can be deleted at the final assessment hearing, after completion of the project. With regard to the Impact fees, Mr. Arnold noted that the schools are exempt, by Statute. Page 29 - - - - SEPTEMBER 27, 1988 Issue 110.2: Assessment Of ~ll Public-owned Properties Hr. Arnold stated that due to the 60ard's sensitivity to the cost of this project, and with hopes of trying to reduce the cost of impact to the small homeowners, Staff was directed to include all appropriate p~blic owned properties within the assessment district that had not b~en included inItially, ~pc~ificaJly: 1- 2. 3. East Nap]cs Fir.-:- Control r,istrict - Station No.2 City of Naplcs - Shadowlawn Water Storage Facilities Collier County Parks af(ected by the District . East Naples Community Park . Coconut Circle Neighborhood Park Mr. Arnold noted that Staff is recommending that the following properties not be assessed: 1. Collier County Government Complex - The Complex has been served by the pump station and force main which takes the sewage to the City of Naples. There are no immediate plans to change this arrangement. 2. Windstar Treatment Plant Site - The County owns the plant site, but it will revert back to Windstar on~e the project is built and the plant is phased out. Mr. Arnold advised that the City of Naples has requested exemption of the assessment for their Shadowlawr Water Storage Facilities, on the basis that there are no restrooms or related sewage producing facilities on this site. He noted that Staff feels this is not suf- ficient grounds Cor exemption. Mr. Arnold stated that other scattered County-owned properties have been included on the assessment roll, and Staff is requesting aoOl( 118 Pi',! 310 Page 30 , aoO( 118 w.t 311 SEPTEMBER 27, 1988 direction, as to which properties are to be included/excluded. Issue "0. 3 - Assessment of Winðstar PUD ^nd Related properties Mr. Arnold indicated that Windstar was not originally included on the assessment roll, noting that this was discussed at the initial plJblic hearing, and Staff was directed by the Board of County C~ission~rß tc review the issue of including Windstar.- He advised that the public hearing was readvertised, and the legal description of the assessment districts were changed to incorporate the Windstar pro. perties, and other properties. lie noted that there are several Windstar properties involved: Windstar PUD, Tennis Village at Windstar, Windstar Marina, and a smaller area referred to as Fern Street Properties, which is a companion to the Windstar project. Mr. ^rnold advised that the County has a current agreement with Windstar, containing language which states that they will dismantle their plant, and construct a pump station and force main and connect to the County's system when it becomes available. lie indicated that the agreement also contains language which refers to Windstar making connections to a transmission system, adding that discrepancies have developed as a result of this language. In an attempt to come to a fair compromise, Mr. Arnold stated that Staff has met with the Winostar representatives. He indicated that StaCf has reviewed the cost for Windstar to tie into the collection system, noting that it will cost S30,OOO! less than connecting to the Page 31 - - - - SEPTEMBER 27, 1988 "transmission" system, pursuant to the Windstar agreement. He indi- cated that the proposed ðsscssmcnt for Windstðr is 5105,535, and th~ 534,760 or 32.94' could be applied as a reduction to the assessment. Issue "0. 4 - Assessment Of The Tennis Village At Windstar (foraerly Canta Ksr) And Related Properties Mr. Arnold indicated that the Tennis Village is under separate ownership, and it was not originally included in the assessment rolls. He advised that it now's included, and Staff is recommending a credit to their assessment, based on the fact that the Tennis Village donated an easement to the County, after they were advised that they would not be assessed. He noted that Staff Ceels that 515,000 is a reasonable credit to t~e assessment of 597,000, thus decreasing it to $82,000. Issue "0. 5 - Deletions From the Assesment Rolls sprinqvOOd Condominium (Davis Boulevard) - Mr. Arnold stated that this project was originally included as a special assessment, noting that there is no front footage applicable to subject property. He advised that the special assessment was to cover the upsizing of the pumps in the pump station that would be required at the time it was to be connected to the East and South Naples System. He noted that an Agreement between the County and Springwood calls for them to ~on5truc: a pump statio~ and force main to connect to the Glades System. He indicated t~at Staff feels that there is a current system available, and therefore, recommend that springwood be deleted from the assessment roll. aoo< 118~~(. 312 Page 32 , ,_118~~313 SEPTEMBER 27, 1988 Gulf Gate Plaza Shopping Center - Mr. Arnold advised that this pro~rty was not incl~ded in the originally prepared assessment roll, since it had City of Naples sewer service Cor 20 years. He noted thal Staff feels that based on the 20 year service from the City of Naples. t~is property should not be assessed, but they should be included in the project, adding thdt lines are being utilized in the vicinity of tne shopping center, which will ~erve the project, as a whole. indicated that the City-County Sewer Service Agreement will be He revised, accordingly. With regard to impact fees for Gulf Gate, Mr. Arnold stated that the County Attorney has advised that the Agreement contains languagc which exempts properties that are subject to transfers between the City and the County, therefore, the impact fees will not be applicable to Gulf Gate. Issue Mo.' - ~.se.sment of Condominium Developments Mr. Arnold indicated that there has been difCiculty in identifying and notifying the individual condominium owners. He noted that Staff is recommending that the parent condominium associations, as registered with the State, be included on the assessment rolls. Issue No.7 - Miscellaneous Revisions To The Assessment Rolls Mr. Arnold stated that many letters and comments have been received at previous public hearings, noting that Staff has reviewed these, and complied ð list, addressing each issue with recommendation, Page 33 .. .. ... ,-" SEPTEMAER 27, 1988 as noted. lie noted that Staff is requesting direction, as to how these miscellaneous revisions should be handled. Issue øo. 8 - Special Assessment. Mr. Arnold noted that subject issue relates to the methodology of the assessment, as pre3ented by Mr. Peek. He indicated that if there are further questions from the public, additional detail will be pro- vided. I.sue øo. 9 - Payment Mechani.m. for System Development Charges (SDCr., i.e. Impact Fees ) Mr. Arnold stated that there have been concerns that the impact fees, in conjunction with the assessment, represents a financial hardships to many property owners. He indicated that the Board of County Commissioners has recommended a 10 year financing program, but he noted Staff is recommeding against that, based on the fact that it is believed that by doing so, would be setting a dangerous precedent. He noted that in the past, System Development Charges have never been financed for longer than 3 years. He advised that those fees are geared to offset the capital costs of projects, and they are required up front, so they can be applied directly to th~ project at the time of construction. With regard to prepayment, Mr. Arnold stated that Staff feels this option should apply only to existing developments, as long as the County is paid in full. tie indicated that Staff is recommending that these rates not be "locked-in", as by doing so, it will jeopardize the rate making methodology. aD( ( 1181'1,.lJ14 Page 34 , ... ~: 1'" f,., ;' i- i: ~, ~ t, ~, ~ I I r ~ ( t &* 118 '1'.1 31~ SEPTEMBER 27, 1988 Issue 10 - Rebate Of Funds Remaining From previously Collected Að Valorem Taxes for "South 1/2 of Sever Area B" KSTU Mr. Arnold noted that this issue relates to the subject MSTU, created in 1980. He stated that there are legal issues involved, and Staff is requestin] that this issue be addressed separately from the assessment project, and that the County Attorney research same, ~nd return to the Board of County Commissioners with recommendations, In response to Commissioner Hasse, Mr. Arnold advised that approximately 51,000,000 was collected from that District over a ~-5 year period, with some of the funds being used for the previous design of the project, noting that there is approximately 5370,000 remaining in the Cund. Commissioner Pistor questioned what the amount of the Sy~tcm Development Charges (SDC) will be? Mr. Arnold replied that the sr~ for sewer is 51,100 for ð single bathroom, and an additional 5240 for each additional bathroom. Issue 11 - Possible ~djustments To Reduce The proposed Assessment Rates Mr. Arnold noted that subject issue is a recap of the adjustments that have been discussed by the Board to date: 1. Adjustment Cor EPA Grant - Amounts that have been listed on the letters to the property owners, will most likely be subject to a 256 reduction. 2. Adjustment for Administrative Costs - There is approximately 5\ included in the assessments for administrative costs. Mr, Arnold indicated that if the Board chooses to have the Water/Sewer District customers absorb this cost, the assessment rates will be reduced by approximately 5\. Page 35 - - \1 ..- f , . t t t f î ~. , \ - - - SEPTEMBER 27, i388 3. ^djustmcnts for Previous Bayshor<:! Driv<:! Improvements - M~. ^rnold noted that there were previous improvements done 'Jr: 6ayshore Drive, adding that these costs could be rccov<:!r~d by the assessment, but if the Board decides against this, U',c'r~ is approximately SSOO,OOO that could b<:! taken out of th~ assessment, and would represent a 31 reduction. Adjustment for Surcharge - Mr. Arnold stated that there ~rÇ! two options to consider regarding subject adjustment, sp~çi- fically 10\ or 4\, or a combination of the two, which could be applied. Public Comments 4. Attorney John Brugger, representing Moorhead Manor Mobile Hom~ Park, stated that subJÇ!ct Park is a cooperative operation, consisêlng of 156 mobile homes. lIe noted that his clients have many concerns: they currently have an operating package plant which is functioning quite well, and their sewer charges are approximately $3.00/month; their rates will be in excesS of SIO/month with the new proposal, Mr, 6rugger advised that his clients are not opposed to the new plant, but they feel everyone should be charged equally, including Canta Mar and Windstar. He indicated that Staff is proposing to offer a credit to Windstar because they will have to build a force main and pumpinr¡ station, adding that his clients will be required to do the same thing, and they should also be entitled to the same credit, as all . properties should be treated equally. He noted that Springwood IS to be excluded Crom the assessment, and his clients feel that they should be treated like everyone else. He mentioned the fact that before the Courthouse Complex is excluded, other areas that arc being served by Page 36 &00( 118 f",! 316 , &000( 118 'Y.~ 317 SEPTEMBER 27, 1988 the City should also be looked at. He stated that he would like to see the issue addressed Curther relating to the administrative charges being deleted to reduce the front footage rates. He also advised that he believes there is unCairness regarding impact fees, noting tnat his clients will be assessed approximately Sl,300 each, adding that most of thcsc people are on fixed incomes, and he f~e1s that thc a~unt is outragcous. He stated that he hopes the County wi 11 allow payments to be made, and if credits are given to some properties, other properties should also be given credit. Mr. Larry Ingram, representing Gulf Gate South Partnership, stated that he is requesting that Gulf Gate South, consisting of 18 commer- cial units, which is the southerly quarter of Lots 37 and 38 of Naples Grove and Truck Co's. Little Farms be excluded from the District. He noted that in 1969, subject property hooked into the City's system, and paid water/sewer impact Cees. He noted that he recently learned that subject property owner paid to have the lines run to the Gulf Gate property, noting that the 60ard oC County Commissioners hooked the Courthouse Complex into those lines, and never paid for it, addinu tllat there seems to be some inconsistency. lie requested the exclu- sion of Gulf Gate from the District, based on the fact that the current lines were installed at their expense, they have been on the Municipal System sInce 1969, they paid higher ad valorem taxes, and they would not benefIt by connectIng to the County system. !Ie noted Page 37 - - - ,--..- SEPTEMBER 27, 1988 that regardless of the amount of the assessment, the rental amounts re1llðin the same. He indicated that his gross revenue rentals per year totðl 560,000, and out oC that he pays a mortgage, ad valorem taxes, and the cost of maintenance. He noted that a severe hardship will be created if subject property is required to be included in the County's system. He suggested that Staff explore the possibility of negative amortization loans Cor private homeowners within the District, whereby, there is no repayment on the loan ~ntil the time of death. Mr. Tom Hart, representing IRT Property Owners of Gulf Gate Shopping Center, stated that his comments are the same as those of Mr. Ingram, the previous speaker. He stated that subject property owners paid 5250,000 for thc system that currently serves them, and the County hooked into, therefore, he requested that the Gulf Gate Shopping Center property be totally excluded Crom the project. Mr. Jack Faust, President oC the Coconut River Estates Civic Association, stated that the total assessment costs as proposed by Staff are 1/4 of the cost for the total outlay to the property owners. lie noted concerns of additional costs that would be incurred Cor the removal or filling of a septic tank. The Collowing Myrtle Lane residents spoke against the East and South Naples Sanitary Sewer System: ~r. Shade Jones Mr. Phil Cubine Mrs. Carol Landsale w/Petition Mr. Marcus Reardon Mr. M. E. Swanson The above-mentioned property owners objected to the proposed pro- ject and requested that they be excluded Crom the system, for the Page 38 aDDt( 118 m¡ 318 , I ..- , I ,ao< 118n'.f 319 SEPTE:MBER 27, 1988 reasons as listed below: The street is unique; lots are 100' x 500' deep. District 4 is not eligible for grant funds. They have no pre5~nt rlrainðg~ problem5. This is a low d~nsity n~ighborhood, and a dead-end street. Some homes arc set back 300'_~OO', and will require pumping sta- tions in the rear yards. The septic tanks are working adequately. The assessments arc ou~rðgeous, in some cases, l/~ of the value or the homesite. Lift station will severely impact the value of the properties. The additional costs are not necessary. Mr. Gary Perrine, Harmony Shcres Mobile Home ('ark owner, noted that he had previously sent in a letter noting concerns that his assessment was not correct. Mr. Arnold indicated that has spoken with Mr. Perrine, noting thaI there was an error in the front footage calculations oC his property. which has been corrected; revisions have been mad~ to an easement layout adjacent to his property. There were no other speakers, either for, or against the East and South Naples Sanitary Sewer System. Commissioner Hasse stated that he is not comfortable with the three year payout period. as suggested by Staff. fie indicated that he is in favor of a !O ycar payout plan. fI(~ indIcated that he fe(~I:o that Staff should investigate the negative amortization loan option that was earlier discussed by Mr. Ingram. Tape t3 Commissioner Glass stated that the Moorhead Manor issue has not Page 39 - - - SEPTEMBER 27, 1988 been specifically addressed. Mr. Arnold advised th~t Moorhead Manor is one of the properties that has a package plant that is targeted to be phased out with the project, and they do have a special assessment that is an estimate of the exact cost that it will take to replace the pacKage plant with the pu.p station to make the connections to the County system. He noted that with regard to fairness, if a new development comes in and wants to build, and there are no facilities available for them to connect to, they have to build ð packagc plant, and all the intern~l collec- tion systems. fIe noted that th(>re is a PUD stipulation or agreement for those developments w~ich states that they will be required to con- nect to the County facilities when they become available, at their own cost. He indicated that from a fairness standpoint, Staff [eels that the cost should also be applied to existing developments. At this time, a review of the Issues Related to Assessment Districts II and 12 - fast and South Naples Sanitary Sewer System, with appropriate action was taken. Issue "°. 1 - Assessment or Collier County Public Schools - Commissioner Saunders advised tha~ he has had conversations with Dr. Ritchey concerning the assessments. lie noted that t.he School 6oard has indicAted a willingness to consider paying the assessments, as long as the appropriate credits are given for land/~asements they have donated to the County. Page 40 aoO( 118~~,' 320 -.- --~ lOCI( 118 w.~ 321 SEPTEMBER 27, 1988 comaissioner Glass moved, seconded by commissioner Hasse and carried unanimously, to approve staff's recommendation that all collier County Public School properties be included on the assessment rolls, as indicated on the attachment hereto, pending receipt of an A~torney General's opinion, and appropriate credits to be given for land/easements that have been donated to the county. Issue "0. 2 - ASSe_!!~_lI!ent of All Public-~!!ed p!,~erties - Commissioner Goodnight moved, seconded by Commissioner pistor anð carried unanimously, to accept staff's recommendation to exclude the Collier County Governaent Complex, and the county-owned sewage treat- .ent plant site at Windstar fro. the assessment rolls; include the East Naples Fire control District-Station "0.2, City of Naples - Sbadowlawn Water storage Facilities, East Naples Community Park, Coconut Circle Neighborhood Park, and all other county-owned proper- ties except those excluded above. Issue No.3 - Assessment of winds tar POD and Related Properties - In answer to Commissioner Hasse, Mr. Arnold advised that there is an existing agreement between the County and Windstar which calls for ~:indstar to connect into the County's transmission mains. He indj- cated that there has been an argument made on the part of Windstar, that the verbiage in the language states that they will tie into one of the transmission maIns, as opposed to a collection main, which is what th~ East and South NapLcs System is providing. He noted that the Page 41 - - - .-.- SEPTEM6ER 27, 1988 distinction is that the transmission main is part of the Regional System, and the collection system is part of the assessment project, adding that the implicatIon is if a property ties into th~ transmission system, it would be exempt from the assessment. Commissioner Saunders slated that he does fee] the ambiguity of the term "transmissionM is suCCicient to ju3tify a 30% reduction in the assessment. Attorney Brugger stated that he beJieves the lðnguage as referred to by Mr. Arnold is contained in all PUD's, and noted, if this credit is given to Windstar, the County will be giving millions of dollars worth of credits in the future. Commissioner Saunders moved, seconded by commissioner Pistor and carried unanimously, not to provide a credit to Windstar, based on the aabiguity of the language. commissioner Pistor moved, secon~ed by Commissioner Hasse and carried unanimously, to accept Staff's recommendation that the Wlndstar POD and related properties be included on the assessment rolls. Issue No.4 - Assessment Of The Tennis Village At Windstar (formerly Canta Mar) And Related Properties - Commissionec SaundErs stated that the value of the credit for the easement that the owners are requesting, may not be fair, and questioned how the $15,000 was determined? Mr. Arnold indicated that the Utilities SlaCf and the County Page 42 '00( 118 r~': 322 , -,-- log( 118 "1'~ 323 SEPTEMBER 27, 1988 Attorney have discussed subject credit, and feel that it is reaso- nable, based on th~ land value and appraisal, and legal costs that th~ County would incur if the easement was to be açquired through eminent domain. comaissioner Glass moved, seconded by commissioner Hasse and cT.rried unanimously, to approve staff's recommendation that the Tennis village at Winds tar be included on the assessment roll, issuing a $15,000 credit tor an easement; ~lso to be included on the assessment roll is the outparcel at the Tennis Village at windstar. Issue No.5 - Deletions From The Assessment Rolls - commissioner Glass moved, seconded by Commissioner Hasse and carried unanimously, to accept Staff's recommendation, to delete or exclude from the assessment rolls: Springvood Condominium, the Gulf Gate Plaza Shopping Center, and Lots 37 and 38 of the Naples Grove anð Truck Co's. Little Farms. . Issue No.6 - Assessment of Condominium Developments - Commissioner Glass moved, seconded by Commissioner Hasse and carried unanimously, to accept the recommendation of Staff, that parent condominium associations, as registered with the state, be included on the assessment ~olls as opposed to assessment of each individual condominium unit owner. Issue No.7 - Miscellaneous Revisions To The Assessment Rolls - commissioner Pistor moved, seconded by Commissioner Goodnight and Page 43 - - - ..,.",- SEPTEMBER 27, 1988 carried unanimously, to accept the recommendation of Staff, that the .iscellaneous revisions to the assessment rolls be approved. Issue Mo. 8 - Special Assessments - Mr. Arnold advised that special assessments arc recommended, as reflected on the list provided. Attorney John Brugger stated that it appears that Windstar equals about 1/3 of th~ land area in District 'I, noting that they have their own internal lines and pump stations, adding that his clients also have their own internal lInes and pump station, which have been paid for. He indicated that he disagrees totally with the assessed metho- doloqy. In answer to Commissioner Saunders, Mr. Peek replied that Windstar is not a flag lot concept per se, noting that they have two different locations where they have frontage. He indicated that the total assessed length is 1,300'-1,400', and he believes that the best tech- nique was used in assessing Windstar, fairly. Commissioner pistor moved, seconded by commissioner Glass and carried unanimously, to accept the recommendation of Staff to approve the special Assessment methodology. Commissioner Pistor moved, seconded by Commissioner Glass and carried unanimously, that revisions to the special Assessments as indicated for Districts II, 12, 13, 14, and $5 be approved. Issue No.9 - Payment Mechanisms For System Development Charges (SDC's, i.e., Impact Fees) - Mr. Arnold stated that the recommendation of Staff is that if the Board determines that the System Development Charges are to be aoO( 118 pn 324 Page 44 ,~.- &1)0( 118 'S'.~ 325 S~PTEMBER 27, 1988 financed, the period of financing be limited to 3 years. He also indicated that if prepayment of SDC's are permitted at the current rate, StaCf is recommending that they be paid in full, and the pre- payment option should be ~imited to currently developed properties. He further stated that staCf is recommending that the current SCD rate not be "locked-in". cosai..ioner Ha..e moved, to extenð the payment of the SDC'. for 10 years, anð approve the remaininq recommendations of staff relating to tb. system Development Charges. Motion died for lack of a second. ACter a lengthy discussion regarding time payments, and pre- payments of the SDC's, it was the consensus of the Board to defer action on this issue, until Staff has the opportunity to provide an analysis of a study evaluating the time periods in which to collect SOC's. I.sue No. 10 - Rebate of Funds Remaining From Previously collecteð Ad Valorem Taxes for "South 1/2 of Sewer "rea en MSTun - Mr. Arnold advised that this issue has not been formally discussed, but it relates to the prior Taxing District that was set up for the South 1/2 of Sewer Area "6", which was to collect money for tho design of a system. He added that the system went through the design process which was paid for with monies budgeted from the MSTU, the pro ject came to referendum, but it was never buIlt. lie indicated that OIl: of the 51,000,000 that was collected, 5600,000 was paid for the design, and there is approximately 5375,000 remaining in the old MSTU Page 4~ - - - ..,- SEPTEMBER 27, 1988 Fund. He noted that It is unknown at this tim~ how to legally refund those IIIOnies. fie indicated that the recommendation is for Staff to come back with specific recommendations, concurrent with the Tax Collector, and addressed at that time. comaissioner Glass .oved, seconded by Commissioner Hasse and carried unanimously, that deter Issue No. 10, tor further study. Issue No. 11 - possible Adjustments To Reduce The Proposed Assessment Rates - In answer to Commissioner Co~dnight, Mr, Arnold stated that the Growth Management Plan states th~t not only will facilities be pro- vided for future growth, but the existing deficiencies will also be taken care. Commissioner Glass indicated that Myrtle Lane is a small area, consisting of 31 residences, and suggested that Mr. Lukin provide a report relating to the inspection of the septic tanks in that area. It was the consensus of the Board that Staff be directed to report back to the Board, the standards on lot sizes to permit septic tanks OD Myrtle Lane. Commissioner Pistor stated that perhaps an investigation could be conducted within the next month, and reach a final decision on Oi strict 4. County Manager Dorrill indicated that a better option would be to remove Myrtle Lane, subject to determining the extent to which ground water pollution may be a problem, noting that the ßoard may choose to Page 46 &OOK 118w,1326 .,..--..., .--- ,.. 118n'~ 327 SEPTEMBER 27, 1988 have Myrtle Lane remain in the Oistrict, but estJblish ð future date to provide a more specific report on the potential pollution problems, and by separate motion, have them excluded from the final apportion- ~nt of costs that would occur in the future. co~issioner pi.tor moved, to continue the discussion on District 4 until October 25, 1988. Motion died for lack of second. It was the consensus of the Board to include Myrtle Lane in the public hearinq today, until a future date, at which time staff will provide a report on the viability of removing them, based on the uni- que circumstances. Mr. Arnold stated that the Summary Sheets regarding possible adjustments, lists the front footage rates for each of the individual Districts. He noted that the EPA Grant has not been formalized, but added that it is anticipated that an adjustment of 23' could be applied to reduce the assessment in Districts #1, #2, and 13. He indicated that the second adjustment proposes ðdministrative costs, which are typically recovered through the assessment project, and is a 5\ estimate of the cost of administration of the project. He noted if this cost is to be absorbed by the County Water/Sewer customers, 5\ can be deducted from the front footage rates from all five Districts. coamissioner Goodniqht moved to approve the payment of Aðainistrative Costs by spreading it throughout the entire County water/Sewer District, resultinq in a 5\ reduction of assessments for Page 47 - - - ._- SEPTEMBER 27, 1999 tbe five Districts. Commissioner Pistor slaled thal it appears that the surcharge will be paying for the adjustment. In answer to Attorney Brugger, Mr. Arnold stated that these admi- nistrative costs are applicable to any increased project, and are sub- ject to final audit, as to what the actual costs arc. comaissioner Goodnight withdrew her motion. coaaissioner pistor moved, seconded by commissioner Goodnight and carried unanimously, to approve the adjustment of a $1.00 Surcharge. co..issioner pistor moved, seconded by commissioner Glass and carried unanimously, not to provide a 3% adjustment for previous Bayshore Drive Improvements. co..issioner pi.tor moved, .econded by commissioner Glass and carried unanimously, that an adjustment not be made for the Adainistrative Costs, county-wide. commissioner Pi.tor moved, seconded by commissioner Hasse and carried unanimously, that the $1.00 Surcharge be bonded for a period u¡: to 10 years. Commissioner Pistor moved, seconded by commissioner Goodnight and carried unanimously, that the public hearing be closed on Districts 11 and f2. District 11 RESOLUTION 88-229/CWS-88-19, AMENDING RESOLUTION NO. 88-90/CWS-88-3, CREATING DISTRICT 11 AND REVISING THE ADDITIONAL AREAS TO BE INCLUDED - ADOPTED Pagc 48 &00( 118 !'S',' 328 ._- ,00< 118 ,y.! 329 SEPTEM6ER 27, 1988 c088issioner pi.tor moved, seconded by Commissioner GOOdnight anð carried unani.ously, that Resolution No. 88-229/CWS-88-19, relative to additional areas to be included in District 11, be aðopted. Page 49 - - - -.---'-" --- SEPTEMBER 27, 1988 RESOLUTIOft ftO. 88-230/CWS-88-20, CONFIRMING CREATION OF DISTRICT 11 AIfD ORDERlftG CONSTRUCTION OF THE IMPROVEMENTS - ADOPTED c088issioner Goodnight aoved, seconded by Commissioner pistor and carried unaniaously, that Resolution No. 88-230/CWS-88-20, confirming tÞe creation of District II, as amended, and ordering the construc- tion of the iaprove=ents, be adopted. "" Page 50 aool( 118 P~(.' 334 -..- SEPTEMBER 27, 1988 CO.SULTIØG ~aI~ER TO FlØALI22 CONSTRUCTION DOCUMENTS, STAFF TO PURSUE CONSTRUCTION FINANCING, AND ADVERTISE PROJECT FOR CONSTRUCTION BIDS FOR DISTRICT II - APPROVED commissioner Glass moved, seconded by Commissioner Goodnight and carried unanimously, to authorize the consulting engineer to finalize t~e construction documents: Staff to pursue construction financing arrangeaents via Construction Loan, Bond Anticipation Note, or other appropriate means: and, &taff to advertise the project for construc- tion bids upon completion and ap~roval of the construction documents, construction permits, acquisition of necessary easements, and the method of construction financing for District II. District t2 RESOLUTION 80. 88-231/CWS-88-21, AMENDING RESOLUTION NO. 88-91/CWS 88-4, CREATING DISTRICT '2 AND REVISING ADDITIONAL AREAS TO BE INCLUDED - ADOPTED commissioner Glass moved, seconded by Commissioner Pistor and carried unanimously, that Resolution No. 88-91/CWS-88-4, be amended, by revising District 12 relative to additional areas to be included, and thereby, adopting Resolution No. 88-23l/CWS-88-21. ~O()( 118",.13'42 Page 51 , ...-.,-- SEPTEMßER 27, 1900 RESOLCTIOft ØQ. 88-232/CWS-88-22, COftFIRMING THE CREATION OF DISTRICT 12 AND ORDERING CONSTRUCTION OF IMPROVEMENTS - ADOPTED Coøaissioner Glasa moved, seconded by commissioner Goodnight and carried unanimously, that the creation of District 12 be confirmed, as amended, and ordering the construction of the improvements, thereby adopting Resoluticn No. 88-232/CWS-88-22. " " Page 52 aoO( l1Hplr,! 346 -.------. - &Of( 118 w~ 353 SEPTEM6ER 27, 1988 CORSULTIßG ERGINEER TO PINALIZE COßSTRUCTION DOCUMENTS, STAPP TO PURSUE CORSTRUCTIOR FIßANCING, AND ADVERTISE PROJECT FOR CONSTRUCTION BIDS FOR DISTRICT '2 - APPROVED Commissioner Glass moved, seconded by Commissioner Goodnight and carried unanimously, to authorize the consulting engineer to finalize the construction documents; Staff to pursue construction financing arrangements vial construction Loan, Bond ALtlcipation Note, or other appropriate means; and Staff to advertise the project for construction bids upon co.pletion and approval of the construction documents, construction permits, acquisition of necessary easements, and the .ethod ot construction financing tor District '2. *.. Mr. Crandall stated that after further discussion with County Attorney Cuyler, he is suggesting the removal of Myrtle Lane from the Special Assessment District, and that the public hearing be closed, and order construction without the inclusion of this area. 1/(> further indicated iC, at a later date, it is determined that a special assessment should be created for Myrtle Lane, it could be so done. commissioner pistor moved, seconded by Commissioner Goodnight and carried unanimously, to delete Myrtle Lane from District 14 assessment. ~n the basis of the uniqueness of the size of the lots. Commissioner Goodnight moved, seconded by Commissioner pistor and carried unanimously, to close the public hearing on Districts 13, 14, and 15 - East And South Naples sanitary Sewer System. Diatrict 13 Page S3 - - - SEI'1'EMBEH 27, 1988 RESOLUTIOØ ftO. 88-233/CWS 88-23, CONFIRMING THE CREATION OF DISTRICT 13 EAST AND SOUTH NAPLES SANITARY SEWER SYSTEM, AND ORDERING COKSTRUCTIOK OF THE ASSESSABLE IMPROVEMENTS - ADOPTED CO8Dissioner Glass moveð, seconded by commissioner Goodnight and carried unanimously, to confirm the creation of District 13 East and South Kaples sanitary Sewer system and order the construction of the assessable improvements, thereby, adopting Resolution No. 88-233/CWS 88-23. comaissioner Glass moved, seconded by Commissioner Gooðnight and carrieð unanimously, that the utilities Division be authorized to obtain a Constructton Loan or Bond Anticipation Note in an amount not to exceed $1,011,666. co..issioner Glass moved, seconded by Commissioner Goodnight and carried unani.ously, that the Consulting Engineer finalize the construction documents for the project, and the Utilities Division obtain bids for construction of the sewer facilities upon completion and approval of the construction documents, construction permits, all necessary utility easements, and the method of financing the construc- tion. Page 54 &OOK 118 Plr.~ 354 I f I I SEPTEMBER 27, 1986 District t4 RESOLUTION MO. 88-234/CWS 88-24, CONFIRMING THE CRE~TION OF DISTRICT 14 EAST AND SOUTH NAPLES SANITARY SEWER SYSTEM, DELETING MYRTLE LANE, AND ORDERING CONSTRUCTION OF THE ~SSESS~BLE IMPROVEMENTS - ~DOPTED co..issioner Glass moved, seconded by Commissioner Goodnight and carried unanimously, to confirm the creation of District 14 East And South Naples Sanitary Sewer system, reflecting the deletion of Myrtle Lane, and ordering construction of the assessable improvements, thereby, adopting Resolution No. 88-234/CWS-88-24. Comgissioner Glass moved, seconded by Commissioner pistor and carried unanimously, that the utilities Division obtain a Construction Loan or Bond Anticipation Note in an amount not to exceed $6,701,817; the Consulting Engineer finalize the construction documents for the project; the utilities Division obtain bids for construction of the sever facilities upon completion and approval of the construction docuaenta, construction permits, all necessary utility easements, and the aethod of financing the construction. . , 6001( 1189s<) an{) Page 55 .---...---.-- .....---.--.-... &00< 118,:,,1.367 SEPTEMBER 27, 1988 District 15 RESOLUTION NO. 88-235/CWS 88-25, COMYIRMING THE CREATION OF DISTRICT 15 EAST AND SOUTH NAPLES SANITARY SEWER SYSTEM AND ORDERING THE CONSTRUCTION OF THE ASSESSABLE IMPROVEMENTS - ADOPTED commissioner Glass moved, seconded by Commissioner pistor and carried unanimously, to confirm the creation of District '5 East anð South Naples Sanitary Sewer System, and order the construction of the assessable improvements, thereby, adopting Resolction N~. 88-235/CWS- 88-25. c088issioner Glass moveð, secondeð by Commissioner Gooðnight and carried unanimously, that the Utilities Division obtain a Construction Loan or Bonð Anticipation Note in an amount not to exceeð $634,380; the Consulting Engineer to finalize the construction ðocuments for the project; the utilities Division to obtain bids for construction of the sever facilities upon. completion and approval of the construction ðocuaents, construction permits, all necessary utility easements, anð the method of financing the construction. Page 56 '¡. "* 1181"-',:373 SEPTEMBER 27, 1988 It.. "Fl COKSIDERATIOK OF Aft ORDIKAftCE TO REGULATE ESCORT SERVICES, PRESENTED BY S~TE ATTORØEY - COUNTY ATTORNEY TO ADVERTISE ORDINANCE State ^ttorn~y Jos~ph P. D'^lessandro present~d a draft of an ordinance to regulate escort s~rvic~s in CollIer County. lie stated that an investigation was conducted, in conjunction with his office, t~e Sheriff's Department and the Police Department, to distinguish between the Iegitinlate services and th03e operating as fronts for prostitution. He added that as ~ result of the investigation, a couple of services in Collier Co~nty were closed down. Mr. D'Alessandro stated that the proposed ordinance wi11 require ~ license to operate an escort service. lIe n-:>tcd tha t permi t denial/revocation as addressed in the draCt, do~s not include "anyonÐ who has been convicted of any Drug Statutes of Florida", and indicated that the Board of County Commissioners may wish to consider including this language. Mr. D'^lessandro advised that the proposed ordinance will mandate that those persons operating an escort service obtain a permit, pro- vide certain information to the County, op~ratr their business in a certain manner, and those per30ns working for the service, as an escort, must be fingerprinted and photograph~d, cannot have a criminal record, and the permitting department must be notified of any change of address. lie noted that a list of the cl ientelc wi 11 also be required. He indicated that an ordinance of this nature will make Page 57 - - - ----------.. --- ¡ I I I ) s~:I"n:MH!::R 27, 1988 it much more difficult for prostitution operations to exist, adding that there were five escort services operating in Collier County; two of which were closed by law enCorcement officials, and three which have closed up shop; and, Lee County had twenty-three escort services, and as of today, all are closed. Mr. O'Alessandro stated that the City of Naples has been provided a cop, of the draft, and he believes th~y will ~upport it. Commissioner Plstor stated that he feels the ordinance is a good one, and he does not believe the climate of Collier County is the typ~ to support ads in the telephone books and newspapers for these ser- vices. Commissioner Saunders stated his concerns relating to these ser- vices operating in residential neighborhoods. lie suggested that the addresses of the services be required in any advertising. Mr. George Keller questioned whether the ordinance provides for health examinations of the escorts? Tap. t2 Mr. D'Alessandro replied negatively, noting that required medical testing would cause the ordinance to be declar~d unconstitutional. SheriCf Aubrey Rogers indicated that he concurs with the comments ~de by Mr. D'Aiessandro, adding that his Department has been involvcrl in the investigations of these services. ¡:e sUIted that he is in Cavor of Commissioner Saunders' suggestion that all advertising list Page 58 &00< llaw.! 374 ,. t &00( 118 nr,t 375 SEPTEMßER 27, 1988 the location of the business. lie noted that it was ev idenced that many escort services are operating out of the same offices, and he would li~e to see the ordinance adopted. cOKDissioner pistor moved, ~econded by commissioner Glass and cðr~ied unanimously, that the County Attorney be directed to draft an ordinance for puÞlic hearing, designed with the suggesti9ns of the state Attorney; the requirement t~at all advertising of escort ser- vices must include the address of the operation; and the Permit Denial/Revocation section of the ordinance to include the conviction of any offense relating to the Drug/Narcotics statutes. ---- Recess 1:30 P.M. - 2:30 P.M. at which time Deputy Clerk Mendez replaced Deputy Clerk Hoffman. ... Ite. ,6C4 REBOLOTIO" 88-236 ~ETITION AV-88-Q23, MIRIAM O. DUBACH REQUESTING VACATIO" OF A PORTIO" OF THE DRAI"AGE AND UTILITY EASEMENT LOCATED ON LOT 39 OF FOXFIRE tJ1(IT 3 - ADOPTED Legal notice having been published in the Naples Daily News on September 11 and September 18, 1988 as evidenced by Affidavit oC publication filed with the Clerk, public hearing was opened to con- soder a petition to vacate a portion of the drainage and utility eð5C- ment on the plat of foxfire, Unit 3. Public works Administrator Archibald stated that the drainage easement is not required for drainagc purposes as Lot 39 is adjacent to ð largc drainage easement. lie slated that "Letters of No Page 59 - - - J ( - - - SEPTEMBER 27, 1988 Objection" have been received from all pertinent utility companies. Tape f4 Responding to Commissioner Saunders, Mr. ^rchibald advised that ther~ is a wooded drainage easement which extends to the subject pro- V'fty. I ~ indicated that there is a 10 foot drainage easement in the rear of the lots which is r~quired to be vacated if the rear setback reduction is granted. He reaffirmed that there ar" no objections frJm the nc.ighbors. Co..issioner Glass moved, seconðed by Commissioner Saunders and carrieð unanimously, that the public hearing be closed. co..issioner Goodnight moved, seconðed by Commissioner pistor and carried unanimously, that Resolution 88-236, Petition AV-88-023, Hiriaa O. Dubach, as petitioner, requesting vacation of the ðrainage anð utility easement on I.ot 39, Foxtire unit 3, be aðopteð. Page 60 aoo( 118 W.\ 376 SEPTEMBER 27, 1988 Itea I9Al PETITION KP-ØØ-l0C, CAS~ POOLS OF COLLIER, INC., REPRESENTING KIRIAH DUBACH, REQUESTING SETB~CK REDUCTIon FOR ~N ACCESSORY STRUCTURE FOR PROPERTY LOCATED ON THE E~ST SIDE OF FOX DEN CIRCLE (LOT 39, BLOCK F, FOXFIRE UNIT 3) - APPROVED Plann~r Nadeau advised that the subject item is a companion to petition AV-88-023, which was previously addressed. Mr. Nade~~ statcrl that this request results from a building permit app] ication which indicates that the pool and enclosure would be set back 10 feet from the rear property line. lIowever, he stated that at the time the foundation survey was required, it indicated that the 10 foot setback requirement was not met. ðnd that there was an encroacement oC 6.8 feet to the area. lie núted that the location of the pool will not impact Lots 38 and 40 if the structure is constructed, however, it is a 68\ setback reduction. lie noted Staff recommends denial of the petition because it may set a preceden~ for greater setback reduc- tions. 11(' índicat<:>d t.hat the Planning CommissIon r<:>view<:>d the peti- tion on August 4, 1988 and forwarded the petition with a recommendation of denial. 1Ir> furlhf?r Indir::alr>d !.hal lhf? CCPC ~xpressed displeasure with thf? pool. Mr. Robert A. LeVine, representing Casa Pools, stated that the 68 setback rcducti9n was a very minor reduction which was not done inLen tionally. lie reiterated that the neighbors did not object to the set. back reduction. lie provided the Board with pictures of the Dubach's swimming pool, and indicated that the rear consists of 150 feet - 200 Page 61 &00( 118 '1',: 378 _.... 100< 118 W! 379 SEPTEMBER 27, 1988 feet wooded ar~a. He indicated that the setback will not have any ðdverse efCects on the surrounding area. Mrs. Rose Toney of Casa Pools conCirmed that the pool had been set according to the stakes placed on site, and stated that at the time a plot plan was not needed, however, regulations have since changed. Responding tl) Commissioner Hassc, County Manager Dorrill advised that due to County regulations the Dubach's ~ave been unable to complete their pool. co..issioner Glass 8oved, seconded by Commissioner Hasse and carried 4/1 (commissioner pistor opposeð) that petition MP-88-10C, Casa Pools of Collier, Inc. representing Miriam Dubach, requesting a 6.8 foot setback reduction from the required rear yard setback for an accessory structure of 10 feet to 3.2 feet, be approveð. Page 62 - - - SEPTEKBER 27, 1999 Itea I6C5 RESOLUTIOft 88-237, PETITION CCCL-98-13C, ~NCHOR ENGINEERING, REPRESEftTING SOMERSET CORPORATION OF K~RCO ISL~ND; REQUESTING ~ VARIANCE FROM THE CO~ST~L CONSTRUCTION CONTROL LINE ON THE SOMERSET CONDOiUNlt1M LOT - ADOPTED Legal notice havIng been published in the Nilples (Jai Iy News on September ll, 1988 as evidenced by Affidavit of publication filed with the Clerk, public hearing was opened to consider a request for a 20 f~ot variance for the Somerset Condominium lot located on Marco Island on North Collier Boulevard. Natural Resources Technician Stevens slaled that the petitioner is requesting permission to construct a temporary fence 20 feet seaward of the CCCL. She noted that the property is made up of two parcels totaling 7.6 acres. She indicated that the Sandcastle Condominium is located north of the subject property, and the Maribclle Club is located to the south of the lot. She advised that the fence will be 6 feet in height, 500 feet in length, ðnd will encompass a hazardous work area. She stated that a crane will be assembled on site, and r~located 2 - 3 times during construction, and bolh the fence and the crane will be removed in one year. She concluded by stating that Staff recommends approval oC the petition subject to five stipula- tions contained in the resolution. commissioner pistor moved, seconded by commissioner Goodnight anð carried unanimously, that the public hearing be closed. commissioner pistor moved, seconded by Commissioner Goodnight anð Page 63 aoo( 118 Pi',! 380 u~ 118 '1'~ 381 SEPTEMBER 27,1988 carried unaniaously, that Resolution 88-237, Petition CCCL-SS-13C, Anchor Engineering representing Somerset Corporation of Marco Island, requesting a 20 foot variance troD the Coastal Construction Control l~ne, be adopted. Page 64 - --- SEPTEMBER 27, 1988 Itea UC6 ORDI~CE 88-76, ESTABLISHING UTILITIES STANDARDS AND MEASURES FOR THE DEVELOPKEØT AØD CONSTRUCTION OF WATER AND SEWER FACILITIES WITHIN THE U1fINCORPORATED AREAS OF COLLIER COUNTY - ADOPTED L<:?gal notice having been published in the ~Iùples Daily News on September 8, 1988 as evidenced b, Affidavit of publication filed with the Clerk, public h<:?aring was opened to consider adopting an ordinan~e to establish the minimum utility requirements, standards and proce- dures for the development ~nd construction of water transmission and distribution facilities and sanitary sewage collection and transmission facilities within the unin~orporatcd areas of Collier County. Utilities Administrator Crandall ~dvised that the 6oard authorized Staff to compile a standards manual which is an important item in the development of the utilit, facilities in the County. Project Review Services Manager Madajewski advised that the ßoard has reviewed the Ordinance which is a consolidation of standards and procedures utilized by the Utilities Division. He noted that this Ordinance will provide Engineers, Developers and Staff a working tool ~o review and approve Utility's development in a rational manner, and provides a Corm for reasonable updates to the document, when necessary. He advised fees are being cr,~aled and an interpretation of the County's Subdivision Regulations. He noted that presently there is a collector fee for water and sewer review by the Public Page 65 &OO( 118 W.! 384 , ao", 1t8 I'S'.t 385 SEPTEMBER 27, 1988 Works Division which does get passed on to Utilities, however, by the creation of the fees and the document a different fee wilJ be collected at a higher rate than for the Subdivision Regulations. He noted that the Public Works Division will collect the fee under O-dinance 76-l~ for the drainage and roadway improvements, and the Utilities review will be conducted by the fees until the.Subdivision Ro~ulations are updated. lie indicated that the Ordinance will have a review process of six months, an~ at the end of a year minor revisions will be made accordingly. In conclusion, Mr. Madajewski requested that the Board adopt the Ordinance. Commissioners Glass and Pistor commended Staff for an excellent job. Mr. Madajewski clarified for Senior Vice-President French of Florida Cities Water Company, that the nanuaJ did not apply to Florida Cities Water Company as long as it holds a Public Service Certificate. He noted that Staff had jointly worked with the County Attorney's OCfice to ascertain that the manual would abide by the regulations adopted under the Collier County Water/Sewer District Act, and problems are not foreseeable. He indicated that it also ascer- tains that there will not be any conflicts with Avatar, Marco Island Utilities, Pelican Bay Improvement District, and the Immokalee Water-Sewer District. Responding to Commissioner Hasse, Mr. Madajewski stated that Staff Page 66 - - - 1 I ' - - - SEPTEMBER 27, 1988 has reviewed other utility companies, and they arc not doing anything basically different than Staff's proposal. Mr. French stated that the manual is well-prepared and is com- p~tible to Florida Cities Water Company's standards in review materials for constructing sewer lines, water lines, etc., and they are agreeable to the standards. He read Section Five, 5.1, of the propo~ed Ordinance, and referred to Sections I] and ]2 and indicated that they were specifically written for the County's operation. Madajewski suggested that the words "with the exception of" be Mr. inserted before "Florida Cities Water Company Company service area, Marco Island Utilities service area, Pelican Bay Improvement District service area, and the Immokalee Water-Sewer District service area, until such time as they are under County jurisdiction". Mr. Ira Evans, Marco Island resident, stated that the language previously inserted in the Ordinance is superfluous and urged the 60ard to exclude it. Ms. Charlotte Westman, representing the League of Women's Voters of Collier County, stated that the manual is constructive, essential, and congratulated Staff for a magniCicent job. Commissioner Pistor moved, seconded by Commissioner Goodnight anð carrieð unanimously, that the public hearing be closed. Responding to Commissioner Saunders, Mr. Madajewski indicated that the aforementioned language would be further discussed with County Page 67 &OO( 118 P1',~ 386 \ &00< 118 W: 387 S~PT~MßER 27, 1988 Attorney Cuyler for his r~vi~w and approval. Comaissioner Glass moved, seconded by Commissioner Hasse and carried unanimously, that the ordinance with the changes to Section 5.1 as numbered and titled below be adopted and entered into Ordinanc~ B"ok "0. 32 ORDIN~NCE NO. 88-76 AN ORDWANCr: PRr.SCRIAINÎ. MINIM'Jr'! UTILITY R~~QUIREMENTS, STANDARDS AND PROCEDURES FOR TilE DEVELOPHENT AND CONSTRUCTION OF WATER TPANSMJSS ION MID DISTR I BUT ION FACILITIES MHJ SMIITAI<ï SF:WAG~; COLLf':CïION AND TRMISMISSION fACILITIES WITflIN TilE UNINCORPORATED AREAS OF COLLIER COUNTY; SETTING fORTI! FINDINGS AND PURPOSE; PROVIDING TITLE Arm CITATION; PROVIDWG APPLICABILITY; WCORPORATING WATER AND SEWER ORDINANCES AND P.ESOLUTIOr~S; PRQVIDWG REQUIREMENTS FOR PUBLIC SERVICE COfl11fSSIOrl CERTIFICATED SERVICE MU:AS; PROVIDING fOR DEFINITIONS; S~:TTING fORTH POLICIES ArID STANDARDS; REQUIRING CONSTRUCTION APPRO'JAL AND rxx:Ur-W,NT SUBMISSION; REQUIRING OBSEHV/,TION OF CONSTRUCTrON; SETTING FORTH UTILITIES COINE'(MICf: PROCf:IJUR~;S; PROVIDING TECHNICAL STANDARDS FOR SNIJTARY SEylER SYSTH:S; Sr:TTING f'ORTII TECHN I CAL STANIJ/dWS FOR WATER TRANSH J 5S ION AND DISTRIBUTION FACILITIES; PROVIDING fOR I'~:NALTY; PROVIDING FOR CmWLICT AND S~:VERABILITY; PROVIDING AN EFfECTIVE DATE. Itea I6C12 ORDIØAHCE 88-77 AKENDING COLLIER COUNTY ORDINANCE 74-50 ESTABLISHING A REVIEW PROCESS AND FEE FOR BUILDING PERMIT RELATED WATER MANAGEMENT SYSTEM DESIGNS - ADOPTED Legal notice having been publish~d In the Naples Dai Iy News on September 8, 1980 as evidenced by AffidavIt of Publication filed with the Clerk, public hearing was op~ned to consider amending Ordinance 74-50 to establish a revIew process and fee Cor building permits Page 68 - - - SEPTEM6ER 27, 1988 related to water management system design3, Acting Community D<>-velopment Administrator OIJifC stated that in relation to previous discussions with the Board and community and public workshops, Staff had advised that there would be rate reviews for proposed rate increases, lie noterl th-3t in this case a rate will ~e established for water system designs. Responding to (;ommlssioncr flass"!, ~lr, OllIff advised that pre- gently there is not a r,!C. and the noard h~d ~jrcctcd Staff to review the permitting process to dctcrr".inc wh(Orr:- adjustments should be made, and where new fees needed to be implcm(onted. Ife advised that the per mit will cost $65.00. County Manager I'orr i II advised that this pro- cess is to implement an engineeri~g review of retention areas as it relates to buil¿ing permits. Comaissioner Goodnight moveó, seconded by Commissioner pistor and carried unanimously, that the public hearing be closed. co8missioner Goodnight moved, seconded by Commissioner Pistor and carried unanimously, that the ordinance as numbered and titled below be adopted and entered into Ordinance Book No. 32 ORDINANCE NO. 88-77 AN ORDINANCE MIENDJNG COI.f.IEH (OUNTY OIWINANCE NO. 74-50, AS AMf:ND¡-:¡) , BY AImiNG ^ SUBsr':CTJON UNDER ART ICI.I': II, sf:CTION 2.01 WIIICfI IU:QUIIH:S ^ m-:vII-:W fEE fOR WATER MANAGf:Mf:N'f S'(Sn:M DES I GNS ASSOC I AT/': ) WITH IIU I 1.0 I NG PERM IT APPI. ICAT IONS ArID ESTABr. I SIWS TIIAT TilE rEf: THERETO SIfALL BE F:Fn:cn:o BY IH:SOLUT ION ADOPTED BY TifF: l!OARD Of' COUNTY COMMISSIONERS; PROVIDING fOR CONFLICT AND SEVERA6 I LI TY; PRay I 0 ING AN EfTECTJ VE DATE. Page 69 &OO( 118 w.~ 388 , aGO( 1181'1,.t 389 S~PTEMßER 27, 1988 Itea "AS REBOLUTIOK 88-242 ESTABLISHING FEES RELATING TO WATER MANAGEMENT SYSTEM DESIGKS ASSOCIATED WITH BUILDING PERMIT APPLICATIONS - ADOPTED Acting Community r~vclopmcnt Administrator Olliff advised that th~ subject item accompanies Item 16C12. Co--issioner Goodnight moved, seconded by Commissioner Pistor and carried unanimously, that Resolution 88-242 establishing fees relatinq to tbe review or water management system designs associated with buildinq permit applications, be adopteð. Page 70 - - - 100( 118 Fl'.~ 391 SEPTEMBER 27, 1988 Itell 171.1 RESOLUTION 88-238, PETITION V-87-17, LEONARD F. LARESCA REQUESTING A ~ FOOT VARIANCE FRO" THE REQUIRED SIDE YARD SETDACX OF 15 FEET TO 9 FEET TO ALLOW AN EXISTING UTILITY SHED TO REMAIN AT ITS PRESENT LOCATION FOR PROPERTY LOCATED ON THE SOUTH SIDE OF 4TH AVENUE S.W., EAST OF LIVINGSTON ROAD, GOLDEN GATE ESTATES - ADOPTED L(?gðl notice having b<:,~n publ ¡shed in the Napl(~s r>ai ¡'ý News on S~ptember 11, 1988 as evid~nced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider a petition for a 6 foot variance from the required side yard setback of 15 feet to 9 feel for property located on the soulh side of 1th Avenue, S.W., approxima- tely 3/4 mile east of Livingston Road, Colden Gal~ E3tales. Planner Scheff stated that the request is to obtain a 6 fool 3ide yard setback variance In order to allow ðn existing utility shed to remain at its present location. He noted that the petitioner had the shed installed on September 27, 1987 assuming that since the slab had been approved with the home, the utility shed could be installed. Ho~ever, he noted on October 5, 1987, the petitioner was notified by County StðfC that the utility shed encroached Into the east side yard setback. lie noted that 19 feel of space exists between the single- f~mily home and the present location of the utility shed. fie stated that a land structure related hardship does not exist. fie stated thai the Planning CommJsslon held their public hearing on August 4, 1988 and recommended denial of the petition, and two people spoke in favor of the petition commenting tnat it is an attractive shed and is har- Page 71 - - - r r I ¡ I , ¡ 1 f J - - - SE!'TE:;MB~:R 27, 1988 monious with the neighborhood. lie not~d that two letters of support have been received from owners adjacent to the subject property on thr~ east and west. Mr. Leonard F. LaR~sca, petitioner, concurred with Mr. Scheff's report, and added that since he did not hear from County Staff he assumed that the s~ed could be installed. lie stated that the purpose of the utility shed is t~ protect his water purification system, and it is an expenditure that he cannot afford to eliminate. He also noted that the shed is not detrImental to the neighbors or the surrounding area. Rcf~rring to the Zoning OrdInance, Mr. LaHesca indicated that it does create a hardship, and therefore, requested approval of the petition. Commissioner Saunders ðdvised Mrs. Rodriguez, property owner to the rear of the LaResca's, that no one is planning to invade her pro- pcrty. comaissioner pistor moved, seconded by commissioner Goodnight anð carried unanimously, that the public hearing be closed. commissioner Glass moved, seconded by Commissioner Goodnight and carried 4/1 (Commissioner pistor opposed) that Resolution 88-238, Petition V-87-17, Leonard F. LaResca, requesting a 6 foot variance fro. the required side yard setback of 15 feet to 9 feet to allow an existing utility shed to remain at its present location, be adopted. Page 72 ~OO( 118 PI',! 392 , - - - SEPTEMßE~ 27, 1988 It- 17Bl RESOLUTION 88-239, PETITION PU-88-9C, Q. GRADY HINOR , ASSOCIATES, REPRESENTING HUBSCHKAN , 1.SS0CI1.TES, REQUESTING PROVISIONAL USE "B" OF THE A-2 DISTRICT FOR E1.RTHHINING ON THE NORTH SIDE OF TAHIAKI TRAIL SOUTHEAST OF RATTLESHAItE HAMMOCIt ROJ\D - ADOPTED Planner Nadeau stated that the subject petition is a request for Provisional Use "b" for earthmining for property located on the north sid~ of Tamiami Trail approximately 4-1/2 miles southeast of Rattlesnake Hammock ROðd in Section 13, Township 50 South, Range 26 East, and is companion to ~xcavdlion Permit 59.330, Naples Farms, Item 983. He stated that lands to the north, and east are zoned PUD, and to the west which include undeveloped pine flatwoods; to the south, across U.S. 41 East are zoned C-3 and C-3 with a Provisional Use for a radio station. lie stated that t'J the northwest is Naples Manor sub- division. He noted that the request is in compliance with the Comprehensive Plan. lie stated that based upon the surrounding zoning and land uses, and the recommended mitig~tion mea~ures in the Agreement Sheet, Staff has no objections to the approval of the peti- t ion. He stated that the Planning Commission held their public hearing on August 18, 1988, and expressed concern that any blasting on site might disturb surrounding property owners and might lead to ~roundwater contamination, and overloaded trucks. lie stated that the Planning Commission added the following stipulation: "In the event that trucks are consistently found to be overloaded, Page 73 aoo( 118 Ø~',I 306 \ ,00< 118 P~',I 397 S~PTEMBER 27, 1988 the prov:sional us~ s~all be revoked". Based on the aforementíon~d, Mr. Nadeau indicated that the Planning Commission recomm~ndcd approval of the petition. In response to CommIssioner pistor, Mr. Minor stated that the elc- vation of the ground is about 5.5~ ~bove sea level. He noted that th~ intent is to clear the remainder of th~ site and convert- it to a small vegetable farm. lie stated that there will be an excess of fill of 190 cubic yards that will be hauled off-site. Commissioner ftasse questioned how long It has been since the issu<: of overloaded Lrucks ha5 bc~n enforced? Mr, tl.1<J(~,lU ::;LaLed Lhat Staff agrees that it will be a difficult enforcement to undertake. Public works Administrator Archibald stated that the State statute allows for enforcement of those regulations on truck weights by the Department of Transportation. He noted that DOT has two vehicles that service the County ~nd Inspect many of the trucking sites. He advised that the inspectors do, In fact, Cine those trucks that have excess we~ght, however, two officers are not suCficient to service the entire Southwest Florida area. In regard to the Sheriff's Department involvement, Mr. Archibald advised that enforcement of this issue ~ould be a difficult task to undertake, however, an ordinance to this effect can be drafted regarding this particular task. Responding to Commissioner Pistor, Mr. Archibald stated that making the lakes deeper would not solve the drainage problems in the Page 74 - - - -~- f ¡ ! . I t ¡ SF.PTF.MBr~t{ 27, 1988 f I . I , : , , I northern part of the area, and there are not any existing easemcnls to drain the area to the south. In response to C~mmissioner Glass, Mr. Minor advised that the blasting program will probably he conducted in a few weeks, and the petitioner has 3greed to the restrictive stipuJations. Mr. Ira Evans expressed concerns about the hazardous traffic problem the earthmining might have in the area, questioned how much earthmining the County needed, and suggested that some regulations should be put into efrc~t regarding this J~~ue. Mr. Minor stated that the earthmining program will be a safe small operation, where precautionary traffic mea~ures will be undcr- taken. In regard to Mr. Evans' remark about the need of such an operation, Mr. Minor emphasized that such an operation is needed to provide fill material to elevate construction sites to the required flood elevation. c~~issioner Goodniqht moved, seconded by Commissioner Pistor and carried unanimously, that Resolution 88-239, Petition PU-88-9C, Q. Grady Minor' Associates representing Hubschman , Associates, re:¡uesting Provisional Use "b" of the A-2 for earthmininq, be adopted. Page 75 &ODe 118 '~',í 398 \. -' -----..- .. . ---......-- .. .- SEPTEMBER 27, 1988 Itea UB3 EXCAVATION PERMIT no. 59.330, "W\PLES Fi\RJ1", SECTION 33, TOWN::>nIP 50 SOUTH, RA1IGE 26 Ei\ST; on THE NORTH'.SIDE OF U.S. 4l (ElIST), EAST OF R1\TTLESNAKE HAMHOCK ROi\D, BOUIIDED orl TilE NORTH lIND ElIST BY LELY RESORT D.R.I. PROJECT - APPROVED connissioner Goodnight moved, seconded by commissioner pistor anð carried unanimously, that Excavation Permit no. 59.330 "naples Farm" for Hubschman , i\ssociates, be approved. (companion Item to 7D1) Item leA PUBLIC PETITION, DY R. P. MARROII, REGARDUIG ZONING PRODLEMS - REFERRED TO STAFF Mr. Marron referred to the 60ard's direction whereas Staff was directed to compile information to assist prJperty owners with variance problems. He noted that StaCf had requested that the Planning Commission review variances. Commissioner Saunders stated that the Board concurs that variances should be disç~uraged as much as possible, and an Ordinance has been approved that provides for administrative review and approval of minor variances. Mr. Marron indicated that perhaps the County should have a Board of Adjustments composed of contractors, engineers, builders and laymen to assist in sorting zoning matter~. lie indicated that his zoning problem5 b~gðn two years ago. lie noted Lhi.!t after consulting - with three Zoning Directors, it wð5 determined that he apply for a variance. He indicated that Staff should have directed him to the Appeal of Administrative Decision, which is a lot cheaper than a ... Page 76 me 118w, 412 tOO< 118 rsr.~ 413 SEPTEMBER 27, 1988 variance. 11<:' referred to his recent communication to the Zoning Department which dclineat~s the Ordinance. Commissioner Saunders suggested that Mr, Marron further discuss the aforementioned issue with Staff. Mr. OlliCf indicated that Mr. Marron has met with StaCr on several o~casions and has quggcstcd good ideas to clarIfy the ~oning Ordinanc<:'. lie notcd that Staff is in th<:' process oC incorporating revlsions to the Zoning Ordinance whereas the language will be clarified in the RMF-6 section. Ife staterJ th,)t Mr. Marron has two options, one would be to reappear before the Board, and the other option would be to PI Jceed with a variance process. County Attorn~y C'Jylcr stated thót Mr. Marron appeared before the 6oard a year and half ago requesting several variances, and some had been granted. Itea t9A3 RESOLUTION 88-240, INCREASING FEES RELATING TO PERMITTING FOR WOR~ WITHIN THE PUBLIC RIGHTS-OF-WAY PURSUANT TO ORDINANCE 82-91 - l.DOPTED Acting Community Development Adminislrator OJ I iff slated that :terns 9A3, 9A4 and 9^6 involve resolutions to increase existing development or building related fees. He noted that workshops have been conducted which IncJuded development and buildIng industry representatives who do nol object to the proposed increases. Cocmissioner Goodnight moved, seconded by commissioner pistor and Page 77 - - - ) - - ~-------_._-- - - - SEPTEMBER 27,1988 carried unanimously, that Resolution 88-240, to increase tees relating to peraitting tor work within the Public Rights-ot-way, be adopted. Pagc 78 &OO( 118W,t 414 SEPTEMBER 27, 1988 :~e:a .9A~ F.!:SOL::TIO~ 88-241, INCRE1o.SING PERMIT 1\ND INSPECTION FEES FOR BUILDING C=~S~UCT:ON - 1o.DOPTFD C=~i..ioner pistor moved, seconded by Commissioner Goodnight anð carried u~aniQously, that Resolution 88-241, to increase permit and i:spectio~ fees for the collier County standard Building Code, C~llier Ccunty Electrical Code, Collier County Plumbing Code, collier County Mechanical code, collier County Fire Protection Code, Collier C~unt7 Gas Code and collier County swi~ing Pool Code, be adopted. " Page 79 &OO( 118w,I418 aoo( 118 Pi';' 4.21 Sf:PTI::Mm:R 27, 1988 Itea I9A6 JlESOLOTIOM 88-243 INCRE"SING FEES MfD CH"RGES FOR ZONING RELATED "PPLICATIOMS AKD PETITIONS - ADOPTED C~,issioner Goodnight moved, seconded by commissioner pis tor and carried unanimously, that Resolution 88-243, increasing fees and charg~s for zoning related applications and petitions, be aðopteð. Page 80 - - - --.-----.. " ) UQ( 118 w,~ 431 S~PTEMßER 27, 1988 Recess 4:00 P.M. - Reconvened 4:10 P.M. (Commissioner pis tor left the meeting at this time) Ite. UA8 REQUEST FOR A RECONSIDERATION OF THE WOODFIELD L^KES P.U.D., PETITIO~ R-87-40C, SIES~Y AND LEHKÂ~ P.A. - ^PPROVED Cnmmunlty Developm~nL AdminisLrator Olliff slal"d th"()t the subj'f...l item is based on a letter from the petitioner of Woodfield Lakes. Mr. Charles Lehman, representing ""'oodfield [.a":'='5, referred to his recent correspondence to County Manaçer r~rrill in which he requests reconsideration of denial of t~e PUD. He noted that under the origí- nal petition the lakes were to be dug to -23 feet NGVD, however, the Board approved an ¡':y,cavation Permit of -6.5 f~et NGV[) , which is a substantial change in circumstances. Due to this substantial change, Mr. Lehman requested to be reheard. County Attorney Cuyler confIrmed for CommIssioner Saunders that the Ordinance provides for the petitioner to request reconsideration of a rezone or a Comprehensive Plan item. commissioner Glass moved, seconded by Commissioner Hasse anð carried 3/1 (Commissioner Saunders opposed) that reconsideration of Woodfield Lakes PUD request tor a rezone be approved and readver- tised. Mr. Garry Beyrent, representing the petitioner, Indicated that the petitioner was planning to refrain severa] of the uses in the com- mercial area. Page 81 - - - ...J -~-- . \ '.," . " . '. -----~ ," SEPTEMBER 27, 1988 Item I9A9 RESOLUTIon 88-2044 ASSURING LEVEL OF FUNDING MID SERVICE FOR POCI".ET OF POVERTY AND TO APPROVE A LOCl'\L COMPREHE1ISIVE Fl'\RM-WORKER HOUSING PLAN - ADOPTED Acting Community Dev~lopment Administrator Olliff indicated that t~e subject item is regarding the current level of funding and service for the Pocket of Poverty program, and to authorize the Commission's representative, CommISSIoner Goodnight, to revi~w and approve the comprehensive Carm-worker housing plan. He noted that the Board received a Sl-million grant to assist with a Carm-workcr housing plan. He indicated that the plan consists oC several components and a nine member committee will review and approve the pJan for submission to the State. commissioner Hasse moved, seconded by Commissioner Glass and carried 4/0, that Resolution 88-244 resarding the level of funding and service for the Po~ket of Poverty program, be adopted and Commissioner Goodnight be authorized to review and approve the comprehensive farm- v~rker housing plan. Page 82 ~oa( 118.1,,1 432 , .... - 180( 118 P)'~ 435 SEPTEMBER 27, 1988 It.. : t9AI0 RESOLUTION 88-245 TO FILL THE VACANCIES FOR DISTRICT TWO, THREE, AND FIVE OF THE COLLIER COUNTY PLANNING COMMISSION - ADOPTED Acting Community Development Administrator ~lliff stated that the subject item relates to the upcoming expiring terms of three existing positions on the Collier County Planning Commission. fie noted that Mr. Williams expresses a desire to be re-appointed. lie stated that Staff and the Commission's Chairman have evaluated the resumes received. co..issioner Glass moved, seconded by Commissioner Hasse and carried 4/0, that Raymond Link be appointed to represent District 2 on the Collier County Planning commission. commissioner Hasse moved, seconded by Commissioner Glass and carried 4/0, that Wayne Young be appointed to represent District 3 on the Collier County Planning Commission. commissioner Goodni~ht moved, seconded by Commissioner Hasse and carried 4/0, that Jackie Williams be re-appointed to represent District 5 on the .Collier County Planning Commission and Resolution 88-245, be adopted. Page 83 .. - - - ,00( 118w~ 431 S~PTEMß~R 27, 1986 Tape 'IS Itea I9Bl ~COKKEXDATION TO ~W~RD THE ANNU~L BIDS FOR FY 88/89 - AW~RDED Legal notice having been published in the Naples Daily News on July 22, 1968 as evidenced by Affidavit of publication filed with the Cl~rk, annual bids were received until 2:30 P.M., August 24, 1988. Public Works Administr~tor Archibald 5tat~d that the subject item is a summary of the annual bids to be considered for the upcoming 88/89 year. He noted that in regard to Bid 1188-1283, SeaCon Industries was considered based on the establishing oC a plant in the upcoming year, and should they not place a plant ~hen needed by the County, the County will utilize the second low bid for performing the contract work. comaissioner Goodnight moved, seconded by commissioner Hasse and carried 4/0, that the annual bids be awarded as follows: 6id 186-1277 - Traffic Signal Poles - Mid-Continent Electric Company Bid 188-1278 - Traffic Signal Controllers, etc., - Mid-Continent Company Bid 1188-1280 - Ilel icopter Spraying - lIarold (-'. Brown, Inc. Did 188-1281 Emergency Electrical Service - Phelps Electric Collier Electric 6id 188-1282 portable Toilet Rental - J.C. Drainfield Bid 1188-1223 Bid 188-1274 Milling of Existing Asphalt - Turtle Southeast Thermoplastic & Painted Roadway Markings - Dura Last Page 84 , I I - - - SEPTEMBER 27, 1988 Bid '88-1275 Painted Markings - Florida Striping Sign Blanks and Posts - Universal Signs and Municip~l Sign and Surply Company, Georgia Pacific 6id '88-1279 Epoxy Adhesive Kits - [-nond E-Poxie Co. AquGtic Plant Chemicals - Southern Mill Creek, Asgrow, Applied Bio-Chemisl, lIe1ena Chemical Compan'¡ and lIor i zons Bid '88-1283 - ~sphalt and Related Items - APAC, Fl., SeaCon Industr ies, Better Roads, Inc. Bid '88-1284 - Met~l Culvert Pipe - Metal Culvert Pipe Company, Conlech, Inc., Southern Culvert Pipe, Naples, Culvert Pipe Company and Advanced Drainage Systems 6id '88-1285 - Concrete Culvert Pipe - Joclson Pipe Company, lIydro- Conduit Pipe Company and Advanced Drainage Systems Bid '88-1286 - Limerock & fill - APAC, The Highway Pavers, Inc., Florida Rock Industries, Harmon Brothers Rock am' SeaCon Industries Bid 188-1287 - Gasoline and Diesel fuel - Carroll Oil Company, Combs Oil Company, Evans Oil Company, Mansfield Oil Companï, and Georgia and Onyx Petroleum Company 6id 188-1288 - Sod, Seed and fertilizer - Southern Turf Nurseries, Asgrow florida, Producers fertilizer, Little Sprout and Rae's Sod Bid 188-1289 - Ballfield Lining Pai'lt - MAB Paints Bid 188-1298 - Courthouse Grounds Maintenance - R & B Lawn Service, Inc. It.. 1982 FINAL ACCEPTANCE OF THE ROADW^Y AND DRAINAGE IMPROVEMENTS IN RIVIERA COLONY GOLF ESTATES, UNIT 3 - APPROVED Public WQd:~ AdminIstrator Archibald "l,ltr,d that aL the Sept('mbr:-r 13, 198ß Board meeting a lengthy discussIon regarding the Riviera Page 85 &DO( 118 W,I 438 i I ¡ ¡ I i I I ¡ ! ! . i . ... &00< 118~-= 439 SEPTEMBER 27, 1988 Colony Golf Estat~s was ~onducted. He n~ted that the Riviera Colony Golf Estat~s is an internal development not associated with the par~- m~t~r drainage, which was accepted Cor preliminary maintenance, and the developer has satisfactorily maintained the required improvement for a year. Coamissioner Glass "oved, s~conded by Commissioner Hasse and carried 4/0, to grant final acceptance of the roadway and drainage improve.ents in Riviera Colony Golf Estates, Unit 3, accept the security for completion of the sidewalks and authorize release of the aaintenance security. Itea 9B4 WAIVER OF THE COMPETITIVE SELECTION PROCESS, EMERGENCY DECLARED AND STAFF DIRECTED TO "EGOTI~TE ~ CONSULTING SERVICES CONTRACT WITH SMALLEY, WELFORD AND N~LVIN, INC. FOR THE DESIGN OF TWO ROADWAYS IN THE IHHO~LEE ~RE~ - ~PPROVED Public Wor~s Administrator Archibald stated that currently the Immokalee Water-Sewer District have a local consultant performing water main expansion services, and they are in the process of making application to the Environmental Protection Agency and to the Farmers Home Administration for matchIng funds. He noted that the proposed waterline extensions will be along two future roadway corridors, and it wIll be advantageous to the County to have the same consulting firm prepare plans for the road project and prepare plans for the water and sewer improvements along the same corridor. He noted that the firm of Smalley, Welford and Nalvin has been contacted accordingly. He stated Page 86 ..' - - - I SEPTEMBER 27, 1988 that the aforemention~d firm is willing to do the road design on Westclox Street, and the extension of Carlson Road between Lake Trafford Road and Immokalee Drive. He noted that if both segments of the work are done together, ~ considerable savings will result to the County, and Curther, de~laring an emergenç, is ba3ed upon the afore- ~entioned information. He requested that the ßo~rd waive the con- suIting selection process, de~lare an emergency. and direct Staff to negotiate a final design and permitting contract with Smalley, Welford and Nalvin. commissioner Goodnight moved seconded by Commissioner Hasse and carried 4/0, that the waiving of the consulting selection pro- cess, declaring an emergency, and directing Staf! to negotiate a final design and permitting contract with the firm of Smalley, Welford and Malvin, Inc., be approved. Itea t9Cl RESOLUTIOK 88-246 EST~BLISHING A SCHEDULE OF P^RKING FEES ~T THE CLAM PASS PARK, TIGERTAIL BEACH AND V~NDERBILT BEACH COUNTY PARKING FACILITIES - ADOPTED Public Services Administrator O'Donnell stated that the subject item is a resolution to increase parking f~cs at the Clam Pass Park, Tigertail Beach and Vanderbilt Heach parking faG} lities. Commissioner Goodnight moved, seconded by commissioner Hasse and carried 4/0, that Resolution 88-246 establishing a schedule of parking tees at the Clam Pass Park, Tigertail Beach and Vanderbilt Page 87 &OO( 118 >~.,: 440 , ... . - tOOl( 118 P:-~ 441 SEPTEMBER 27,1988 Beach County parking facilities, be adopted. County Attorney Cuyl~r ~dv¡s~d that lh~ subj~~l ¡t~m will be pr~- sented to the 60ard at a future date for Ordinance adoption. Page 88 - - - ¡ " , .- -.--------.-.- , !( ! ~ - - .. SEPT~MBER 27, 1988 ltea u:n RECOKKEXDATIOK TO EXTEND THE MARCO PHASE II CONSTRUCTION LOAN IN AnTICIP~TIO" OF BOND PROCEEDS - ~PPROVED Utilities Administration Director MçN~es recalled that on August 3ú, 1988 Staff had requested an extension of the loan to September 27, 1?88 at which ti~~ the projected closing dale for permanent bond financing was antIcIpated for September 2~, Consequently, 1988. validation proceedings wer~ undertaken, but the Issue was not closed on the anticipated ~ðte. he stated. Due to the aforementioned, Mr. McH~es rqquested an extension of the note in the amount of 51,665,000 at 7.85\ per annum interest rate through Dec~mber 31, 1988. commissioner Glass moved, seconded by commissioner Ha5se and carried 4/0, that an extension of the note in the amount of $1,665,000 at 7.85\ through December 31, 1988, be approved. Page 89 &OO( l18P:'.: 4114 , ¡ I ¡ 'OÐ< 118P1'.~449 SEPTEMBER 27, 1988 Itea t9D2 RESOLUTION 88-247 EST~BLISHING FEES ÄND CHARGES FOR UTILITY COKSTRUCTION DOCUMENT PROCESSING AND INSPECTION SERVICES - ÄDOPTED Project Review Serviçcs Manager Madajews~i stated that this item is a companion to the Utility Standards Procedures Ordinance pre- viously adopted. fie indicated that revcn'JI' generated from the Ordinðnc~ will be applied to Development Ser.ices to offset the cost for document processing and inspection services, and requested appro- val of such a resolution. Coamissioner Goodnight moved, seconded by Commissioner Hasse and carried 4/0, that Resolution 88-247 establishing fees and charges relating to construction document processing And inspection services for water and sewer facilities in the unincorporated areas of Collier County, be adopted. Page 90 - .. - ¡ ~ t . ¡ ~ ! t I I S F:PTEr'¡I3ER 27, 1988 Itea I9D3 IKTERLOCAL WASTEWATER AGREEMENT WITH THE BEACH AND TENNIS CLUB AND LEE COUNTY - APPROVED Utílities Administrator Cr~nda11 stat~d that acting on the 60ard's dir~çtíon Staff proc~eded to forward the thre~ party agreement to the Beach and Tennis Club for ~x~cution by th~ L~~ County Commission. He noted that the agrecm~nt has been ex~cut~d, therefore, he requested approval of same. commissioner Glass moveð, se~ondeð by Commissioner Gooðnight and carrieð 3/1 (Commissioner Hasse opposed), that the Interlocal Wastewater Agreement with the Beach and Tennis Club and Lee County, be approved and executed. Pagc 91 aoo( 118 <;" 452 - - - SEPTEMBER 27, 1988 Itea t9F2 DISCUSSIO" REGARDI"G ENACTMENT OP A ONE-CENT LOCAL OPTION SALES TAX I" COLLIER COUNTY - NO ACTION TA~EN County Manager Dorrill stated that th~ committee that put together the original penny sales t~x over a year ago reconven~d to ~v~luate the option of a seventh cent p~nny sales tax, adding that there was a unanimolJs vote of that C'Jmmlttr:><' to iJsk this Commission to give consideration Cor a local option sales tax that would be heard sometIme durIng 1989, H~ noted thð t th(> "n] '/ ch~nge over the prev ious proposal is that it is not being proposed that the County play any promotional or selling role ~S it relates to the local option sales taJl:. He noted that members of the Committee hav~ proposed that a pri- vate political action committee could be created for which they would raise lheir own funding t~ do promotional w')rk in support of voter approval of this issue. He stated that the Supervisor of r:lections has indicated that no elections are currently contemplated beyond the November General Election next year. He noted that il will cost bet- ween $150,000 and 5200,000 to hold a special election. which she does not have in her budget. He stated that the on~y other change is that if this proposal is approved, he would sugg~st that a proportIonate share of th~ cost of the election be obtained from the City of Everglades and the Cll'¡ of r ~plcs as th~ï w'Jl.Jld benefit from that sales tax also. In answer to Commissi'oner Hasse, County Manager !Jorri 11 stated Page 92 eoo( 118 ~;',: 488 aoo< 118 WI 489 s~:IYrI::MBER 27, 1988 that th~ m~mb~rs of th~ Chamb~r of Comm~rc~, lh~ Economic Development Council, the Naples ^r~d CIvic ^ssociation, th~ Contractor's Association, the Board of R~altor5, the League of Women Voters and s~v~ral other people are on this committ~e. The following people spoke in favor of this referendum noting that the shortfall of the Growth Managem~nt Plan has to come from some place and it is wis~ to giv~ the voters a ch~nçe to decide on a one cent sales tax increas~ that ev~ryonc would b~ paying instead oC si~ply increasing th~ prop~rty taxes. They were also in favor of having a special election as the cost would only be 1/4 of l' of the total amount of money that is needed to make up the shortfall: Lyle Richardson, City Councilman Terri Tragcsser, (pr~sent~d a letler from Fred Voss in favor) Lee Layne, represe~ting the Board of Realtors The following people spoke against the referendum citing that the residents of Marco Island were against this issue unless al1 details were completely writte~ out; not enough information has been presented that would indicate d $70 million shortfall and further study is needed: Ira Evans, resident of Marco Island George Keller, representIng Collier County CIVIC Federation County Manager Dorrll] slated thal a] I lhe legal documents would hav~ to be brought back to th~ Board as w~J J as th~ actual rcCerendum question, noting lhat he 15 sImply askIng that the Board indicate if they have any interest In such a referendum. Page 93 - - - SEPTEMBER 27, 1988 In answer to Commissioner Hasse, Count.¡ Manager Dorril1 stated that th~ Board was required to send a balan~cd budget a5 far as the Growth Manag~ment Plan and that budg~t requires 579 million in new revenue program. lie noted that the major portion of the Plan is a requirement that the Board re-appropriate for the next five years a portion of the one mi Ii for Capital Improvements which will require t'¡at the Road Impact Fees be doubled; t."o new Impact fees for Parks and Libraries wi I] b,. reqlJired; ;¡ General Oblir-¡;¡tion Rond Referendum for Parks and Ljhrari,.~ ~IIJ be required; a utI] ¡tv concept for storm water drainage will also be re1uired and failure to accomplish this will mean that the levels of service will have to be amended or another source of revenue will have to be used to make up the short- falL Commissioner Saunders stated that about a vear"ago he voted against putting this on the ballot, because a sufficient plan was not developed nor a use of the funds. fie stated th-'1t this amounts to S18 million a year and there is not enough information on this matter to vote for it at this time. fie indicated that he is not convinced that there is a $79 mi Ilion shortfall, adding that he be] ieves that there are projects that can be trimmed. fI,: indicated that he is not willing to put this on the ballot until he has sufficient information on this JIIatter. I Commissioncr lIass" stat"d that h" agrr.f'S with Commissioner ~OOt 118 r~" 400 Page 9" .00( 1181'~r-: 491 SEPTEMBER 27, 1988 Saunders, adding that Jt has not b~~n proven to hIm that there is such a great shortfall. lie nolr!d that he believ('s thaI. it should go to the people to vote on the matter but he docs not (eel that it is appropriate to do it a~ this time. Commissioner Goodnight stated that she feels that the Growth Management Plan has been cut to the extent possible and if there IS not enough money to pay for It, then as soon as r~^ approves this plan, the County is going to have to amend it, She stated that she felt that when this plan WðS sent, it was the final plan and the County was going to abide by it. She stated that she feels that the public needs to be informed and then put it on the ballot and allow the voters to choose, adding that if it is turned down, the County is going to have to loo~ for alternate funding. Commissioner Clas6 stated that a plan was made and the County has to stick with it, but he does not feel that there is sufficient inCor- mation at this time on the finances. He noted that he feels that the voters have a right to vote on this matter, but he would like to have Staff come back with some facts and figures on this before it goes to referendum. Commissioner Saunders stated that he would suggest that if this referendum is to be cons I dered, thr:n thr:' B(Jo1rd nr.'eds to have some cv i dence to support the figures. Page 95 - - - - - - S~;PT¡';MBF:R 27, 1988 Item HGI RESOLUTION 88-248 RE Ä BASE RATE INCREASE OF $200 FOR HELICOPTER KEDEVAC SERVICES BY COLLIER COUNTY EMS EFFECTIVE OCTOBER 1, 198~ - 1\DOPTED Em~rg~ncy S~rvíc~s ^dmlnislrator R~ðrdon 3lòt~d that this is a resolution requ~sting th~ application of a 5200 nelicopt~r Medevac flight surcharg~ for us~rs of the servic~. He noted that revenues will b~ us~d to offset high maintenance COSt3 of the helicopter as well as offs~tting some of the ~ersonnel co3ls, He noted that this is the first year that there has not been an Increase for the ambulance service, adding that he is also looking Jt a program that may reduce the cost of land-based ambulanccs servicing the non-emergency com- munity. He noted that this issu~ is considered reasonable and custo- mary to the insuranc~ lndustry also. commissioner GlA~S moved, seconded by Commissioner Goodnight and carried 4/0, that Resolution 88-248 re a ba3e rate increAse of $200 for Helicopter Hedevac Services by Collier County EMS effective October 1, 1988, be adopted. County Attorney Cuyler stated that there will be an ordinance brought back on this matter. Page 96 ðOOt 118<:,' 1D2 ~OO( 1181'~-.¡ 495 SEPT~MßER 27, 1988 Itea t9G2 FOUR MONTH EXTENSION FOR THE FIRE CONSOLID~TION PH~SE I TIME FRAKE J\ND AUTHORITY TO FORM1\LLY CONTJ'\CT FIRE J'\GElICY ELECTED OFFICIJ'\LS UrvITING THEIR JURISDICTION TO P1IRTICIP1ITE HI THE STUDY - J\PPROVED East Napl<:s Flr<: Cont.rr)l & R<:"r::u<: fJistrir::l Chi<:f Marlin stated t~a~ h<: IS urging that this extensIon be approved ~n order to provide accurat@ data and b<:>ing abl<: to participate In this study. commissioner Goodnight moved, seconded by commissioner Hasse and carried 4/0, that a four month extension for the Fire Consolidation 1\ction Plan Phase I time frame be approved and authority be granted to formally contact fire agency elected officials inviting their juris- diction to participate in the study. Item t9G3 ADDITION OF E1\8T NJ\PLES CIVIC J\SSOCI1\TION TO THE LIST OF RECOGNIZED GEOGRAPHIC GROUPS PARTICIPATING IN THE FIRE CONSOLID~TION PHASE 1 STUDY - J\PPROVED commissioner Hasse moved, se~onded by commissioner Glass and carried 4/0, that the East Naples civic J\ssociation be added to the list of recognized qeoqraphaic groups participating in the Fire Consolidation Phase 1 Study. Item UIAU2 UUDGET AMENDMENTS 88-401/403; 88-405/4~~1IDO~TEp commissioner Goodnight moved, seconded by Commissioner Hasse and carried 4/0, that Budget Amendments 88-401/403 and 88-405/409 be adopted. Page 97 - - - - - - SEPTEMBER 27, 1988 It.. fllA3 BUDGET AMENDMENT RESOL~TIONS 88-34 ~~D 88-35 - ADOPTED co..isisoner Goodnight moved, seconðed by commissioner Hasse and carried 4/0, that Buðqet Amendment Resolutions 88-34 and 88-35 be adopted. ðOO( 118~~,: 400 Page 98 .' ' 1 ¡ ¡ &00< 118 w' 499 S~PTEMBER 27, 1988 Itemt11D1 AK1fUAL RENEW7t.L OF THE SPECI1\L 1\SSESSMElIT REVOLVING LO1\N REVENUE ANTICIPATION NOTE IN THE AMOUNT OF $650,000 - 1\WARDED TO C , S BANK FOR OKE YE7t.R 7t.T A FIXED RATE OF 9.32\ finance Director Yonkosky slat_~d th~t thl3 13 r~questing author i- zation for approvðl of the annual r~ncwðl of the spcçial assessment r~volving loan revenue anticipation note, addIng that this was com- pp-titive]'/ bid ; nd C I, 5 Bðnk was the !Qw birJd"r at 8.321; and he is rc-:ommendlng that it hrc ðpprOve'1 fr.Jr onrc ïrcar, commissioner Glass moved, seconded by commissioner Hasse and carried 4/0, that the annual renewal of the Special 1\ssessment Revolving Loan Revenue 1\nticipation Note in the Amount of $650,000 be awarded to C , S Bank for one year at a fixed rate of 9.32\. Page 99 - - - --.." - -- - Sr:PT/::r.¡Br:R 27, 1988 It.. 111D2 GRAlC'T ACCEPTED IN THE 1ù'!OUNT OF $20,810 1'\110 BUDGET 7\MENDMENT RESOLUTION 88-36 FOR ~ STATE MANDATED OFFEtlDER BASED TRACKING SYSTEM (OBTS) - ~DOPTED finanr::e Dir,=,ctor "(onJ.-:()sky st.:¡t-:-rJ !.h.:¡t this is ;¡ r,=,comm,=,ndation th~~ the BCC accept a grant and approve ð resolution and related budget amendment for a Stat,=, mandatcd orf~nd-:-r based tracking system, He noted that the County has been awarded a 320,810 grant which will be used by the Clerk of the C í rr;u it ColJr l, comaissioner Hasse moved, seconded by CoMmissioner Glass and carried 4/0, that the grant in the amount or $20,~lO be accepted and' Budget ADendment Resolution 88-36 for a state Mandated Offender Based Tracking System (OBTS) be adopted. Page 100 aoo~ 118'~" 504 \ SEPTEMBER 27, 1988 Ite. 111D3 ~DDITIOM~L FUNDING FOR CIRCUIT COURT HOH-OP~R^TING EXPENSES - ~PPRovEn IN THE AMOUNT OF $50,000 H_----'------ Finance Director Yon~os~y stat~j that 'his It~m 15 for additional funding for Circuit Court non-op~ratíon ~xpen5cs, adding that he is requesting that the Board authoriz~ an anditlonal S50,000 in funding fer these State mandated expendItures whIch w~uld come [rom the Reserve for Contjng~ncy. Commissioner ~oodnight moved, seconded by Commissioner Hasse and carried 4/0, that the additional funding for Circuit Court non- operating expenses be approved in the amount of $50,000. Itea 1128 REPORT 0" WIGGINS P~SS MSTU SURVEY ~ND ST~FF DIRECTED TO COME B~C~ 1ft TWO WEE~S WITH APPOI}lTMENT TO THE WIGGINS P~SS ADVISORY COMMITTEE County Manager Dorri II stated that thIs IS simply a report to bring the Roard up-t~-dat~ ~n the sur~"y, n~t¡n1 that he has not rec~lved many more return", lIó! n~tó'd lh"l r;( tho_' lOt'11, he has 523 responses that are not In favor of thó: surVf:y fjIJ<:st ion or the dislr icl continuing as proposcd and SS6 ar~ in (avor ~f It proceedIng and 35 are undecided, which IS approximately a 62~ response and there are about llOO of the L800 that have b~!en ró:lurncd. The folLowing people spok,: In fa'lOr ryf lhr- ¡J(slrlcl ònd dredging the Pass and also indicat~d that they w~uld llk~ to see appointments made to the Advisory Commltt~e 50 lhat thr- r~m~llt~~ çould be brought up to full capacity: ðOO( 118 PA',! 506 Page 101 &00( 118 '1',: 50'7 SEPTEMßER 27, 1900 L<?e Frink John Gcbo Paul Harvc>y co..i8sioner Saunders stated that there is no action necessary on this item, but tha consensus is that staff be directed to come back in two weeks with recommended appointments to the Wiggins Pass Advisory Coaaittee. Item 112C RESOLUTION 88-249 AFPOIrITING liAR { STRAHl J\Nf> EDWARD FERRINGER TO THE GOLDEN GATE ESTATES CITIZENS ADVISORY COIiMITTEE - ADOPTED Commissioner Goodni1hl inO¡çðled lh~l Mr. F~rringcr 3cnt a letter questioning the time Involved, the pJacc of the meetings, the Cre- quency oC the meetings, etc. She stated th~l she do~s not have a proble~ with appointipg him as long as his qycslions have been answered and he knows what is involv~d being ð member of such a com- lIIittee. ^dminißtrðtiv~ ^S:Jl.5tðnt to the H,)ðrrJ l~;r.)r~l:::;on Slðl~d thðt she is not aware If his concerns were resolved, bye this recommendation comes from the advisory commltt~c. coaaissioner Hasse moved, seconded by Commissioner Goodnight and carried 3/1, (Commissioner Glass opposed), that Resolution 88-249 appointing Mark strain and Edward Ferringcr to the Golden Gate Estates citizens Advisory Committee, be adopted. Page 102 - - - . ." ' .'. ", :", ~oO( 118 rl'.~ 509 S~PTEMßER 27, 1988 Item 113A GRAII"T MOllIES IN THE AMOUNT OF $237,0 S4 FROM TilE DEPARTMENT OF COKMOJCITY AFF"IRS FOR THE 7>.NTI-DRUG 1\BUSE ENFORCEMENT/7>.PPREHENSION "ND TRE"TKEKT PROGRAM ACCEPTED coaaissioner Saunðers moveð, seconded by commissioner Goodnight and carried 4/0, thAt the Grant Monies in the amount of $237,054 from the Department of Community 1\ffairs for the Anti-Drug Abuse Enforce.ent/Apprehension and Treatment Program be accepted and the Cbairaan be authorlzeð to sign certificates of Acceptance. Page 103 - .. - - S I-:P'Jï-:r~BEH 27, 1988 ..... Commissioner Goodnight moved, geconded by commissioner Hasse and carried 4/0, that the following items under the consent ~genda be approved and/or adopted: .*.** Itea 1141.1 BUDGET AKENDMJWT 1.UTHORIZHIG I'UlIDS FOR PREVIOUSLY APPROVED PLANNER II POSITION WITHIN THE ZOtlHIG REVIE~ SECTIOt~__-- Item 1141.2 R :SOLUTIOli 88-250 PROVIDItlG FOR A5SESSMEtlT OF LIEtI IN ORDER TO RECOVER FUNDS EXPEllDED BY THE COUtlTY TO ABI\TE PUBLIC tlUISl\lICE ON LOT 10, BLOCK "0, GOLDEN GATEJ- UN_I!_~,_~!LK_I-~SOtl:_I'.E~I~~-!~O~I~.!~_lJ..cTIO~~(JMPJ\NY, INC. S'C', Pa'v::> ~L~_~s-l_9- Item 114)1,3 RESOLUTION 88-251 PROVIDHIG FOR ASSESSMENT or LIEN HI ORDER TO RECOVER FUHDS EXPENDED BY THE COlHiTY TO ABATE PUBLIC NUISANCE ON LOT 3, BLOCK 40, GOLDEN GATE, UNIT ~ WI LIr:INSOrl-HEFFERT CONSTRUCTION COMPANY, INC. 3r:"c pagrcs _..s:~O-- _5:_~j-- Itea 114A4 RESOLUTION 88-252 PROVIDI1IG FOR ASSE58MENT OF LIEN IN ORDER TO RECOVER FUNDS EXPENDED BY THE COUNTY TO ABI\TE PUBLIC NUISANCE ON LOT 8, BLOCK ~ GOLDEN G1\TE~.!!_~I~ Wl_!-~!l!_l)g~~=-!!E_,-LEI3LCOl¡S:r_R_lJ~:r!Q!{_COHP~NY, INC. 3'0" P'1'J':s£~a:::_-.5':a.3_- Item 1141.5 RESOLUTION 88-253 PROVIDIrIG FOR ASSESSMENT OF LIEN IN ORDER TO RECOVEP FUNDS EXPENDED BY THE COUNTY TO ~BATE PUBLIC NUISJ\NCE ON LOT 9, BLOCK "0, GOLDEN GATE, UNITJL_~!_~KI rISOtI:_~~I!"~I3}:._c:°t:ll3,!,~[J~'r.!°N _C_OMl'l\.NY-, INC. :3('" Piq"~ 5;;'.1-~ S ~S Itea I14A6 RESOLUTION 88-254 PROVIDING FOR ASSESSMENT OF LIEN IN ORDER TO RECovER FUNDS EXPENDED BY THE COUNTY TO ABI\TE PUBLIC NUISANCE ON LOT 2, BLOCK 40, GOLDEN GATE, UNIT 2, WI L~INSOrl-MEF~~~1'_CgJi~'I'~UCTIc>N COMPANY, INC. See I'agr:s -~~"~Sa2 PiJgc 104 &00< 118 ':'; ~)12 &OOl llR w: 5tJ SEPTEMßER 27, 1988 Ite::l t1481 1,GREEMEKT BETWEEN THE BCC l\tlD THE GOLDE}! G1\TE ROT1\RY CLUD FOR THE USE OF COUKTY PROPERTY ON GOLDEN G1\TE P1\RKW1\Y FOR CHRISTMAS TREE S1\LES FROK JIOVEMBER 26/ 1988 TO DECEMBER 2 °L....!1.!JJ!..- ')~<: PYJ':s -~d..~,:::,_£d.-7'--_. Ite= '14B2 moved to Item 19B3 Item 114B3 COlfTAACT RENEWAL WITH RB L1\Wll SERVICES, ItlC. FOR LELY GOLF ESTATES KEDI~N KJo.INTENl\NCE IN THE M!OUtiT OF $7, ß40 FOR FY-89/ß9 UNDER DID '87-1..99 u_-'------'--'" -.--------- oj"., 1'-1')"5 DOCL":S7:T :íOT RECEIVED --------- It- 11484 CONTAACT RE!ŒWÞ.L WITH LIVH!G5TOI¡t 5 LAifN SERVICE FOR WESTLAKE BE"UTIFIC"TION KAItiTEII1\tlCE It! TH~~0U!~:r.......Q~_~!.L~2 FOR FY-98/89 3"r, l'....gr:3 ..DOCL::;;::iL:¡QL.PJ:CE IVED Item 11485 CO!ITRACT RENEWAL wITH SPARKY'S MAINTENANCE, It/C. FOR GOLDEN GATE PARDAY MEDIAN KAINTEN~}ICE IN THE AMOUNT OF $15,400 UNDER BID '87-116~ FOR FY-88/89 ---------- See i'ùgcs DOCL11!:t..!._LJ~QI_J~.ECEIVED Item 114136 moved to Ite= 19B4 Item 11487 deleted Iteml14Cl APPLICATION FOR FY-89 LIBRARY OPERATING GRANT (ST1\TE AID) ADMINISTERED BY THE STJ\TE LIBRARY OF FLORID1\ 1\ND ClIlIIR!11\tI TO SIGN DCOUMENT . - . -. ,----.-_u_----- See l'agc3 _~3_9~_-53..L Ite. 114C2 moved to Item 19C1 Item 1l4C3 Page 105 .. - - Sf:pn:r'1BER 27, 1988 IW:?'::l,SE IN GRANT FUnDHIG UnDER THE FLORIDA COM.MUtlITY CARE FOR THE EL~ÆP-LY ~CT ------- Sr>~ p'YJr::;S..3 ;ì.---_$¥--- It"!~ f14C4 BID 'Ba-1226 FOR COLLIER COUNTY PlIRKS MAINTElIMICE EQUIPMENT (TWO F'-."::;--~-EEEL DRIVE TRACTORS - AWARDED TO l/1\PLES RENT ALL" SALES s.::- :"_."é:,_Wl I N THE AMOU!lT O!,_S.12, 063.10 legal notjr.~ hi3'J1ng bc--::n publish-::rJ Irl !.Iv" tlapl-::s Di3tLy r <::~/S on AU9'.Jst 1, 1988, ""5 ~'/idr~rI':,=,d b'l ^ffir:Ja'/lt 'Jf PlJhlication filed with the Clerk, bid3 w~r-:: r~r.<::jv,=,d for ßjrj *88-1226 for ColI i,=,r County Parks Maintenanc,=, ~qlJipmnnt until 2:~Q p,~" Auqust 26, 1988. Item t14CS SID tað-1227 FOR COLLIER COUNTY PAR r;s MAIIiTEtrANCE EQUIPMENT FOR A THÍ'-EE WHEEL TRUC~STER - AWARDED TO DEBRA TURF" I!lDUSTRIAL EQUIPMENT COKPA.NY IN THE Þ.MOUlIT OF' $~J>_~-Q------- _un legal notice hi3'1lw;J br",=,n puhll3hr:rl In th~' tlaplcs Dðlly News on August 1, 1988, as evidenced bj ^ffid~vil or publication filed with t~~ Cler~, bids wcr~ rcc~lvcd [or 3id *88-122J for Collier County Parks Maintenance EquipIT"~nl IJntil 2:~() [',1'1., l\u9u::>l 26,1988. Item f14C6 CONTRACT FOR 1988-89 _!UtlQ.!.!lG cor¡!~!D..lJTI_Otl_TO_~~2!_~_<;_T H~.!--_~INC. :) r: c ¡ ) age 5 5.... ~---_-.£.J ?- .1 tea 114C7 COIfTRACT FOR 1988-89 FUNDING CONTRIBUTION TO I:1MOK1\LEE FRIENDSHIP HOUSE, INC. u_--------- ---------- ----------- Sr:r: 1")9<:3 _S.::3_9_-_S--'I'_L Itea I14C8 Page 106 ~OO' l1R OJ-:- 514 \... i ; ¡ ¡ \ I - \ I I ! ! I \ -.1' aOG' _: : :-~ '1',: 515 3U'TEMBER 27, 1988 C~';:?~CT FOR 1988-89 FUNDING CONTRIBUTION TO D~VID L~WRE"CE MENTAL r,'- --,.. CEtITER, ItlC. ------ 2r:,:, P'3':!C:5 ßJI!--"-~S~ Itea 114C9 C'-:;~¡;;.,CT FOR 1988-89 FUNDING CO!lTRIBUTION TO ABUSED WOMEN OF COLLIER ~ ":~;7'(, UIC. --------~------------------ :-eM: ¡W!<:'-oSJf(;,~5'f8:_- I~~~ '1401 moveð to Item .903 I'_r:~ '14H1 SAT ¡ F1\CTION OF LIE}I_S FO~_S~~~ICE~_..2.LTIiE__~I¿ß_L!_~_Q.!:FENDER SC't: p'}r,r:5 -5"-4r--~~¡;1.- I tea 114H ~ I 5CE LLÞ.NEOUB CORREBPO?iDF:-!I~F:__=---!J_L~~~1?L.9~_RE!:!:RRED T~c:rt: bt:ing no Ob)c:ctlon, the: Chðir dlrc:ctc:d that lhe: following ~jy:r:ll<1nI?OU5 çorrt::;;pr)nrjr'~IC<:' be; fllr~d and/'Jr rr'fr:rrr,rj LO the various dc:~arlm~nts as Indicated be]ow: 1. Letter dðlt:d J/l~/aa from John f, Adam:;, Chicf Regulatory DIVISion, f)r!p'lrUrr:nl of tnr: Arm, (r>rp of ¡-,ng¡nr.'crs, lo the BCt' and Coa~;lðl Lnr-Jlr,,:r,rlnq (')nsuIL,nt:" ¡w~, rr, 'wiggin::; Pass State Park ¡JroJr:r~'-, xc: Gr:r)u]r.c r,rr;hlbald; 1-¡J,,-d. 2. Letter dated 'J/12/8;J from Burj ¡",r,nrr, Jlrr:r;V.>r, ()I'¡isIOn of Jlouslng ¿¡nd ('Jr:,ê'Y'¡:-f !Jr,'/r: r'i'fT1r-r,t_, [rr" 1_0 UI<: ChJcf Elected OfficIals ((, t,";') [(:/, ;,-::hr:'j'Jir,'J ",';(~:>hr)p:, frj( ajl prJl,=,nlial applicants f<j( th', ¡-r,'jr'r"j¡ ¡I~/:.;I ,"-'.r IJ>j'5 :-'r":,ll Cltlres CDlIG Program CQf"'P'-" ¡tlr)n In 'r," f'<)'J'." ;,'r! t;r'lqhrJr)rhr,orj 1>r~vjtall7.;;!,jr..;;¡ r:' 'J:'J'-'(lr-~." '/."_: 'i' ¡J iJ'"rrlìi; ',Ianda Jones; ðnd ¡: i I cd. 3. ¡p.tter datcd 9/12/8>1 frf):< GrJrdrjr, 1~"Jrnr'lS, Environmental M¿¡nager, DEH, cncJosin') short form olr)pliciJLIOn 111515385 which involves drcd')~ and fIll açtlvlll~~ !n waters of the State wIthin Ibr_' 1'~I" r:'¡III"r r:rJ'J(,'j", J'Jrl~;dlr:'lnr" xc: ¡-'¡Icd. rag,=, ] 07 .. - - .- ( - .., - SI<p'¡'I'i,ml<p 27, 1988 . . L<"'-tler dal,,'j J/lfj/P.JJ frr)m .J, r;, J'}(¡":j, I'rryj'Jr:tion t1anagcmenl Engineer, [:')1', !r> nc': Ch']lrr.)(¡ '.¡i!,h ,;,)Pï of Ildapted five-Year Transf,J'JrlalirJn Pl.)n for .11.1'1 1, J~i;j¡', l,hr'JU'}h June 30, 1993. Y.c:: FiJ<?d. :'. "~crr,o do3,-cd ~/;!;/;~P, fr()[:1 .Jir~ r;1]"~;, (:I':r" Df CoIJrls lo Lori 7.all-.o3, FIurJ9ct DI r"c:' r)r, ((, P'JbJ lr; f~r'r:;or(j3 ¡'1orJerni7.'Jtion Trust Fund FY J'38"'-r,,¡ rf,,¡/;é;r:d rIY]'V'!, z':: f-'¡Ir,d. / . "'.¡n'JIJ'S fll"'] f'>f: a. b. c. P'/2',;,,",r"'I,ln'J'd P../22/r,;j "')"r,'],, f(J( 8/2')/88 ;nr,r, 1 r'j nf Com",! ll.<:r: , 6/30/88 r~ctlng ()f ¡'Ur>11'; '¡...hl';I': ¡,rJ'/1S()rï Committee. I-,H":> " '" f"-I' 1(>n :,:;""J>r'l Hoard, í',\r,,:, I. ¡¡",f' ,,', Ion ^dvl:Jdr'¡ Bo.)rd. ¡hr, /,:.)r(,', r'I",,'j i'.r",r;h ¡'<'nr"Jri3hmenL d. 7. Memo do3tc'j ,)/'J/ij;; frr,~ ~":fnr"-h ;" ¡,I Ien,)n, !,3s13tant Director of l,rJminis'J,!!.;rj-', ,;ff¡r;o, 0; I,h', r;','¡r'rn()r, re Local Government Crimino31 jIJ::;'-I';';:r'J:;'- ¡,uuJ. /'.'.: :,,0" (,¡ 1'.'(3; Lr;ri lalka; Neil Dorrill; and I¡jrdj, 8. M<,'mo dalo:.,d ~ ï ;;r~ fr'Jm ~":'rn' ,h ;1. ";ïl"r, CrJunl.'I ^llorney to 6CC, Neil [v,rr:]I, Tr.!r1 r;r.-n"»)J, r"",-r'~'.: r,rch¡bald, and John Boldl re rr:~,r;1r,_rj (J) ',fv.. it;,:/, i ',.;"j"'r ':h'Jrtaqr: Pr:osLriclions from s¡."n,HJ. ~r: ¡,¡!"rj, 'f. Letler dat,<:,rj 'J/r; ::r~ fr',:r, .j,)rr,(':> I;, ':11"'" (;I(;rl-., lo properly owners in U',c L,):;', <l:VJ ::;r~l_t,h t/,lplr,:..; ~/;'./(:r ::i'¡3tcm, Speciðl ^5S~S5menl [)¡strlr;l 3. ~c: ¡-'I Ic"J. Iv. Memo datr:d ?/11/r,~ from M~r'l W, M~rl~~, SUpr:o¡Vi3Dr of Elections, to hC': ro:.' flr:>I. Pr¡"'elfï '~,)r.-¡¿¡33, zr~: FllcrJ. ~OOi 11R ':': 516 Pðgc 108 &J:' , , ("\ ~ J ,J ~n 517 [7 . ":rr~ bpin'1 - ., nc) fu(t.hr'r "¡"I""" L'J~,lnc""~ r ','" ,,','WEI' 27, ,,'; '..as adjournc,,] ..L' ,rH '.h': C-,'.-! - \"r (JfLn'.,r Jf Jr-]r:r C"f -' ou t lh~ Ch~:r -.. n_y, ï' :n': : 1988 the '):30 P.M l~r)/,¡'r!r):'('(I"" . WJ/d'!J rj' : J ),I¡ ( (rJt1foJr"" O;.f-I(I" /JJtJinG I\PP~'/r.);:¡ONEHS/ ~ .J CO\lFPt ' ,. \ ..:>/EX "Pi'.': [/-,!, !JI"":P [tV~ BO^HD(S) . uJ:rrp'JI d ¡ CT:J UtlD¡':¡~ ITS Or An,.::...: J¡':"::.3 c;. G J u~s, CLUJ/' . );¡I;;: Æ!: ,.,¿ W ¿/ 7'b;)",;\ J~ ~ ~. :, ~-øc? , .i .,<:'se minutes ' . ", - apprv/rorj b' I' as r( r~sr>..nted ~ I ,r,c. ¡V;ð r d /., .~:.-" ')r .,r ," .. J' .,) .()r rrcçtr'rJ 1I:'f'~ ,,' :of..lJr¡[)FjJ~ , .:>, CHA ¡ RMAN r.in~ ------- //; /7/r Page 109 --- ¡ , ¡ ¡ t I (