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BCC Minutes 08/23/1988 R r~>.'.-t;,.....!.. ..~ ~JI' II . "'-,...' .. -_.. - --.- . ..- -- -",",,\ ..",;... . .~ Naples, Florida, August 23, 1988 LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business ~'t..', herein, Jaet on this date at 9:00 A.M. in REGULAR SESSION in Building -F- of the Government Complex, East Naples, Florida, with the 8embers present: CHAIRMAN : Burt L. Saunders VICE-CHAIRMAN: Anne Goodnight Arnold Lee Glass Max A. Hasse John A. Pistor ALSO PRESENT: James C. Giles, Clerk; John Yonkosky, Finance Director; Dalila Mendez and Ellie Hoffman, (10:40 a.m.), Deputy Clerks; Neil Oorrill, County Manager; Ron McLemore, Assistant County Manager; Tom Olliff, Acting Community Development Administrator; Ken Cuyler, County Attorney; Tom Crandall, Utilities Administrator; Philip Scheff, Planner II; David Weeks, Project Manager: Lori Zalka, Budget Director; Barbara Cacchione, Chief Planner; Stan Litsinger, Budget Analyst; Michael Smykawski, Budget Analyst; Jennifer Pike, Budget Analyst; Jean Gansel, Budget Analyst, Barbara Wescott; Budget Department Secretary; Leo Ochs, Administrative Services Administrator, George Archibald, Public Works Administrator. Page 1 aDD( 117PAr.r. 01 , ".--.-..-- "--_.,----- .. AUGUST 23, 1988 AGEJrDA A1fD COIf SENT 1\GEND1\ - 1\PPROVE!I WITH CH1\}fGES Co8aissioner Piator moveð, ~.conðeð by Commissioner Hasse anð carrie4 unanimously, that the agen4a an4 consent agenða be approveð with the following changes: Itea 112A Discussion regarding sewage effluent disposal on private property - Added. East and South Naples Sanitary Sewer System; creation of Special Assessment and Ordering Construction - moved to Item 19D1. Item 114D3 Itea 16Bl Itea 114BS Withdrawn Continued Plans for implementing mosquito control measures in the Everglades City area - moved to Item 19B3. IteJ't 114B3 .It.. ISA EIIPLoYE'B SERVICE 1\WARDS - Chairman Saunders acknowledged Employee Service Awards for the following employees who were not present: Clyde Sullen Ralph McKellar Road & Bridge Solid Waste 10 yrs. S yrs. .It.. f5B ~ FINANCE OFFICERS ASSOCI1\TIOH (GFO1\) PLAQUE - PRESENTED Ad8inistrative Services Administrator Ochs introduced Mr. Damon Adaas, Finance Director of the City of Fort Lauderdale and represen- tative of the Government Finance Officers Association in South Florida. Mr. Oche congratulated Budget Director Zalka, Budget aOO1( 1171'1(i[ 07 Page 2 --"""-'-""'--'" """""""""""-...".",-. ,.._,_..."..".."~--"._.~_._.,,..,,- ".. ' "...""".."--.--,..-.,....-.---,-,-."'" 117ta«og AUGUST 23, 1988 Ana~ysts Litsinger, Pike, Smykawski, and Gansel, and Department Secretary Wescott for their outstanding accomplishments in budget pre-' paration. Budget Director Zalka accepted the 1987 Distinguished Citation Award for the Board of County Commissioners for the current budget year. Mr. Adams stated that the GFOA program provides State and 10caJ governments the opportunity to attain international recognition for .: è' outstanding Budget documents. He noted that the program evaluates budget documents on the basis of the budget as a policy tool; operations guide; a financial plan, and as a communications an IDed fa . He indicated that only 299 State and local governments in the United States and Canada have ever received the GFOA award for a distinguished budget presentation. .It.. 1'82 DO-88-1 RB PETITIOØ DO1\-88-2C, WILSON, KILLER, B1\RTON, BOLL. PEEK, A!ID YOOlfG, V1\N 1\SSEIfDERP, VARNADOE. BENTON, REPRESENTING LEISURE 'l'ECIDIOLOGY OF FLORIDA, REQUESTING 1\1( AJŒIfDMENT TO BRE'l'TOHE P1\RK DEVELOPKENT ORDER 87-2 - 1\DOP'l'ED. Legal notice having been published in the Naples Daily News on Jul, 22, 1988 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition DOA-88-2C filed by Wilson, Miller, Barton, SolI & Peek and Young, Van Assenderp, Varnadoe and Benton, representing Leisure Technology of Florida, , -~uesting an amendment to nrettone Park Development Order 87-2. :. -- Planner Week~ .. ivised that the petitioner is requesting an amend- '--'--""" Page 3 --- -hh - ------- "-"-"'-~ .~-----'" ,J ff: p~; J~ f~¡':"- - ;: r,;.; 'þ~ .tí; .",. ' t- ; ,t ,. ;,' 1i'" 'I l~. '1"-'-- : '~ ii ;. f.l ;,~. t; :1; - - - AUGUST 23, 1988 ment to the Brettone Park Development Order in conjunction to the PUD docuJaent. Mr. Weeks indicated that the Board, the Southwest Florida Regional Planning Council, and the Florida Department of Community Affairs had previously determined that such an amendment does not constitute a substantial deviation. He noted that the proposed amend, øent constitutes the following changes: 1- 2. 3. 4. 5. 6. Addition of a IS-hole golf course. Decrease commercial area by acreage and square footage. Increase recreation/open acreage. Decrease the residential area by approximately 25 acres. Change the Level of Service (LOS) determination on Davis Boulevard to be consistent with procedures outlined by FOOT. Delay the submission of revised transportation analysis from prior to approval of Phase II to prior to approval of Phase III. Survey done on site for nesting bald eagles or red-cockaded woodpeckers. Add a phasing/absorption schedule. Adjust the "D.O." termination time frame from 5 years of original approval to S years after the date of the amendment. Exempt the project from down-zoning or density/intensity reduction for seven years. 7. 8. 9. 10. Mr. Weeks stated that Staff had retracted its objection to the ite8 regarding down-zoning, since the State Statutes do not specifi- cally state the number of years, but states that the Development Order can be prohibited from the down zoning. He noted that Staff has no objections of the proposed changes, and recommends approval of the amendment to the Development Order. He indicated that CCPC reviewed the petition on July 2l, 1988 and recommended approval. Attorney George Varnadoe, representing the petitioner, concurred with Mr. Weeks' report of the proposed amendment; he delineated the Page 4 lOOK 117 I'A&[ 09 '> .,.....,,--., '---"-" ".'--""'.-'--- 117~ 10 AUGUST 23, 1988 colored sections of the original and the revised plan as proposed. Mr. Varnadoe advised that provisions have been added to the PUD docu- 8ent which will allow minor changes to the site plan. He noted that as a result of trying to obtain permits, three minor changes have been .ade. He stated that a provision has been added to the PUD docu- 8ent that will allow minor changes to the site plan that do not exceed St of the area that are caused by Federal or State or permitting requlreJDents. He indicated that the phrase "On a zero lot line side, a roof overhang not to exceed 30 inches to be allowed" was added to Section 3.68, and in Section 2.3A the phrase "Approximately l3.4 acres of the golf course will remain in upland habitat; selective clearing, filling and exotic removal" was added. Commissioner Saunders asked if the Planning Staff had any objec- tions to the three additions to the PUD document? Mr. Weeks responded that Staff did not have any objections to these changes. Referring to the site plan, Hr. Varnadoe advised Commissioner Pi.tor that the community recreation consists of l2.2 acres which will include a clubhouse, swimming pool, and recreational facilities. CO88issioner Pistor moveð, secondeð by Commissioner Gooðnigbt anð carri84 unanimously, that the public bearing be close4. Commissioner Pistor moved, secon484 by Commissioner Hasse and carri8ð unanimously, that Develop.ent Or4er 88-1 be approve4. - ---- Page S ( I , ""-"'-"""'------"" ...-.,.-- It.. "BoC ^UGUST 23, 198B ORDI~CB 88-67 RE PETITIOK PD1\-88-5C, WILSON, MILLER, BARTON, SOLL ~ PEEK AJfI) YOUHG, VAN ASSENDERP, V1\RB1\DOE , BENTON, REQUESTING .AN JUŒJrDMEXT TO BUTTOn PARK PLANNED UHIT DEVELOPMENT 87-15. - 1\DOPTED Legal notice having been published in the Naples Daily News on July 22, 19B8 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider amending Ordinance 87-15, the Brettone Park Planned Unit Development, by amending the permitted residential land use types, amending the residential development stan- dards, amending the Master Plan to relocate utility sites and add a golf Course, and other incidental changes to the document and Master Plan for property located between Radio Road and Davis Boulevard, approximately l/2 mile west of the intersection of Santa Barbara Boulevard and Radio Road in Section S, Township 50 South, Range 26, East. Planner Weeks stated that this item was a companion to Petition DOA-8B-2C, requesting an amendment to Brettone Park Development Order 87-2, by changing the acreage of commercial, resi- dential and other land uses. Coaaissioner Pistor move4, seconded by Commissioner Hasse anð carrieð unanimously, that the public hearing be closed. Co..i8sioner Pistor move4, secon4eð by Commissioner Hasse an4 carrie4 unanimously, that the or4inanc8 as numbered an4 titled below be a4opte4 an4 entered into Or4inance Book No. 31 ORDINANCE NO. 88-67 AN ORDINANCE AMENDING ORDINANCE 87-15, THE BRETTONE PARK PLANNED UNIT DEVELOPMENT, BY AMENDING THE TITLE PAGE; iõ~ 117 'J~-! 31 Page 6 '" _.,.__....,-,-,,---~-, . ... ll7 YrA 32 AUGUST 23, 19B8 AMENDING THE INDEX PAGE; AMENDINC SUBSECTION 1.3, PROPERTY OWNERSHIP; AMENDING SUBSECTION 1. 4, GENERAL DESCRIPTION OF PROPERTY AREA; AMENDING SUBSECTION 2.3, PROJECT PLAN; AMENDI~~ SUBSECTION 2.S, PLAN APPROVAL REQUIREMENTS; AMENDING SUBSECTION 2.6, EXCEPTIOr.,s TO COONTY SUBDIVISION RECULATIONS; AMENDING SUBSECTION 2.7, STREETS TO BE PUBLIC; AMENDING SUBSECTION 2.9, P.U.D. DOCUMENT COMPLIANCE; AMENDING SUBSECTION 3.2, USES PERMITTED; AMENDING SUBSECTION 3.4, MINIMUM LOT AREA; AMENDINC SUBSECTION 3.S, MINIMUM LOT WIDTH; AMENDING SUBSECTION 3.6, MINIMUM YARD REQUIREMENTS: AMENDING SUBSECTION 3.9, MAXIMUM HEIGHT; AMENDING SUBSECTION 3.l0, OFFSTREET PARKING REQUIREMENTS; AMENDING SUBSECTION 3.11, SPECIAL BUFFER REQUIREMENTS; ADDINC SUBSECTION 3.12, MINIMUM DISTANCE BETWEEN PRINCIPAL STRUCTURES: AMENDING SUBSECTION 4.2, USES PERMITTED: AMENDING SUBSECTION 4.3, DEVELOPMENT STANDARDS, BY ADDING PARAGRAPH "F."; AMENDING SUBSECTION S.B, OPEN SPACE USE; AMENDING SUBSECTION 5.9, RED COCKADED WOODPECKER SURVEY; AMENDING SUBSECTION 7.2, WATER AND SEWER; DELETING SECTION IX, GOLF COURSE, COMMUNITY CENTER, CLUBHOUSE, RECREATION AND OPEN SPACE; AMENDING EXHIBIT H., P.U.D. MASTER PLAN; AND BY PROVIDING AN EFFECTIVE DATE. Page 7 - - - ---~,O<_-'"' i1117r¡r;( 38 It:" ;~~:t.. 16B3 fORD.InXCB 88-68 RE PETITIOK PDA-88-4C, COLLER COtnrl'Y UTILITIES DrvzSIOK, REPRESEKTIKG BCC, REQUESTING Aft AKEHDKEKT TO THE POXPIRE pur DOCUJŒKT BY AKEHDIlfG SECTION VI, 'l'R.ACT D, PIRE STATION TO PUMP ST1\TIOJ'f AIm EFFLUEJI'l' RTORAGE TAInt SITE - 1\DOP'I'ED . Legal notice having been published in the Naples Daily News on AUGUST 23, 19BB June 24, 1988 as evidenced by Affidavit of Publication filed with the hearing was opened to consider amending Ordinance 81-68, . the Foxfi re 'c, '_it:.::: '4 ¡ 'are part of ',: POD document and the PUD Master Plan, to change the per- of Tract "0". Scheff stated that lands to the north, across Radio Road, the Briarwood PUD, and are undeveloped woodlands; lands to east are zoned A-2, and are cleared right-of-way for the Florida ~'Power & Light transmission line; approximately 150 feet farther east are lands zoned PUO, and are undeveloped woodlands; lands to the south west are part of the Foxfire PUD, and contain single-family homes. Scheff advised that the petition is in compliance with the Comprehensive Plan and the petitioner proposes to change Tract "0" to '8 wastewater pumping station. He indicated that the County acquired a l.2S ~ acre site located in the extreme northeastern portion of the Foxfire PUD, by eminent domain proceedings, and the facilities to be located on this site are to be He stateç' .hat the petitioner requests the minimum front yard Page 8 - - - --,,-""~.. "'.."_.".__.."-_.."..,,-,._._.__._,-,,~--_._,,._._-,,. ¡OJ, t: ' '......'.~.' '1....'1....~....'..":, . I .. ¡; >' r f'J' AUGUST 23, 198B setback be reduced from BS feet to 40 feet and the maximum height be increased from 30 feel to 33 feet. He slated that the reduction of the front yard setback is necessary to accommodate the facilities and structures for this site, while the increase of maximum height is necessary to accommodate the effluent storage tank. He indicated that Staff sees a need for buffering this project, primarily to protect the surrounding developments, and recommends approval of the peti tion. He stated that the Collier County Planning Commission held their public hearing on June 16, 19B8 and recommended approval of the petition subject to Staff's stipulations and amendments as follows: A. -A8end Page 4 of the Agreement Sheet to add the following stipulation: -aa. The petitioner shall provide a minimum front yard setback of 7S feet measured from the south boundary of Radio Road R.O.W. as it existed on January 1, 1975." B. "Amend Page 4 of the Agreement Sheet to add the following stipulation: "bb. Provide a six foot tall wooden fence around the subject parcel where it abuts residential properties. " Mr. Scheff advised that two letters of oPposition have been received regarding this petition, which include concerns of odors generated by the proposed uses, effect on property values of surrounding property owners, and effect on aesthetics of the surrounding area. He noted that at the CCPC public hearing, five people spok~ in opposition to this petition for the following reasons: concerns previously mentioned as well as the magnitude of the size tank and the eff ~ts of standing water on the community, and Staff aDaK 117,Af".( 39 Page 9 8001 117rY{ 40 AUGUST 23, 198B reco.øends approval of the petition subject to CCPC's recommen- dations. In response to Commissioner Hasse's question regarding the size or the storage tank, Mr. Scheff reiterated that Staff is recommending buffering be provided to lessen the impact on residential uses. Utilities Director Crandall further explained that the proposed tank will replace a storage tank and pumping facility located within a block of the new tank, and will be three feet higher than the current tank. Coømissioner Pistor questioned if the pumping station would be located below ground level, and stated that since the material is treated at the sewage treatment plant there should not be any odors derived from the tank. Mr. Crandall advised that the pump would be located above ground, will have a buffer and a structure around the pump which will control noise. He also advised that the effluent is chlorinated, and, therefore, will b~ odorless. co..issioner pistor moveð, secon4eð by Commissioner Goo4night anð carrieð unanimously, that the public hearing be close4. co..issioner Pistor moveð, seconðe4 by Commissioner Gooðnight anð carrieð 4/1 (Commissioner Basse opposeð) that the or4inance as num- bered anð titleð below be a4opted an4 entereð into Or4inance Book No. 31. -. -~issioner Basse stated that further improvements to storage tanks adjacent tc - ~sidential should be determined, as buffering and Page 10 - - - --.,.--.-.. AUGUST 23,1988 pumping odorless effluent derived from these tanks is not always cer- tain. ORDINAKCB BO. 88-68 AN ORDINANCE AMENDING ORDINANCE 81-68, THE ORDINANCE THAT ESTABLISHED FOXFIRE PLANNED UNIT DEVELO~£NT BY AMENDING SECTION VI, TRACT D: FIRE STATION SITE; AND BY PROVIDING AN EFFECTIVE DATE. aOO( 117 "A~ 41 Page II ----., I, '¡¡:" 1f ?;.'~ j,f .".' .....:.. aooc 117 f}r.t 46 {, . "'" AUGUST 23, 1988 PETITION R-87-21C, DR. KENO SP1\GNA REPRESENTING G1\RRETT P.X. 1\ND TERY~. BEYREJrl' REQUESTING REZOJUIf<J FROM ESTATES TO PUD JCNOW'K 1\8 "ISL1\ND PINE GARDEIf'" VCR PROPERTY LOC1\TED OK COUN'l'Y Ð1\RH ROAD - CONTINUED Legal notice having been published in the Naples Daily News on July 22, 1988, as evidenced by Affidavit of Publication filed with th~ Clp:~1 public hearing was opened to consider Petition R-87-2lC, filed by Dr. Neno Spagna, representing Garrett F.X. and Teryl Beyrent, requesting a rezone from Estates to PUD known as "Island Pine Garden". f Planner Scheff advised that the proposal is for 65 multi-family ~ ~ ~ residential units and 1.4 acre tract for neighborhood commercial uses . in property located immediately south of the County Maintenance Facility on County Barn Road, which consists of 9.6 acres. Mr. Scheff stated that lands to the north, across Crews Road, are zoned Estates, . and enco8pass the County Maintenance Facility; lands to the east and 'j south are zoned undeveloped woodlands; lands to the west, across J County Barn Road, are ~rimarily single-family residential and undeve- loped woodlands; a church is located to t~e south west, across County Barn Road. He stated that Staff sees a need for buffering along the perimeter of the project, both to protect the proposed development as well as the surrounding future developments. He noted that the peti- tioner has propoved a neighborhood park for two acres of the site. 8tat~ that in Staff's judgment, the neighborhood commercial acreage associated with the proposed project is not justified. He stated that the population base living in the surrounding service area does not Page l2 - - - ---..., He .--..----.'",. - - - AUGUST 23, 1988 appear to be adequate to support this type of commercial. He indi- cated that the northern, Davis Boulevard, and the southern, Rattlesnake-Hammock Road portions of County Barn Road appear to have adequate existing and proposed commercial acreage to ')port the pro- posed development. He stated that the proposed commercial acreag~"._". associated with this development is not compatible with other land uses in the area; Staff finds multi-family residential land uses to be appropriate, therefore, with appropriate buffering, Staff recommends that an additional 11 units be permitted to allow a total of 72 multi- family residential units for this PUD. Mr. Scheff advised that Staff recommends the approval of the 61 multi-family residential units and neighborhood park because they comply with the Comprehensive Plan, will provide a needed housing type, and are, in general compatible with surrounding properties. He also advised that Staff recommends denial of the proposed neighborhood commercial acreage because it is inconsistent with the Comp Plan as it is incompatible with its surrounding properties, however, approves an additional II multi-family units for the acreage presently proposed for commercial. He noted that the Collier County Planning Commission held their public hearing on June 16, 1988 and recommends approval subject to Staff's stipulations, allowing a total of 72 multi-family units, with no commercial permitted. At the public hearing, he stated, one person spoke in favor of this petition, while three people spoke in opposition for the following reasons: maintain the character Page 13 lOOK 117 t.r.l. 47 --, ~r ~:. :'0(. .t:;,/ "'~:" ;&i:~ 4!/ lì- ~'-¡; f IDO( 117 w.r. 48 AUGUST 23, 1988 of the Estates area as it is, lack of need for additional convenience' stores in area, concerns of traffic if a convenience store is allowed, and concerns for additional traffic that would be placed on the inter- section of County Barn Road and Davis Blvd. In response to Commissioner Hasse, Mr. Scheff advised that pre- sently the concentration is one unit per 2.5 acres, and since this is MUlti-fa.ily this will be eight units per acre. Referring to the map on the wall, Mr. Scheff delineated the colored sections, and their land uses. Coø.isuioner Saunders stated that lands to the south, east and west of the property would be subject to changing their zoning, and asked if Staff would recommend changing of such, specially to the south of the proposed project? Mr. Scheff stated that if the character of the Estates areas is to be maintained a line must be drawn somewhere. To further clarify the aforementioned, Planner Weeks advised that there is a small strip of property approximately 400 feet from the suject property which is currently RH-6, and it would be reasonable for the Tract adjacent to the south to rezone at some future date. He noted that the uses in the general areas of the proposed project are 8edium density, relative high intensity, or a minimum non-residential character. He confirmed for Commissioner Saunders that lands south of Copeland will probably be subject to change from Estates to some higher density. Page 14 - - - - - - ^UGUST 23, 1988 In response to Commissioner Hasse, Mr. Weeks stated that this area was considered outside the Golden Gate Estates Subdivision; is within the urban area and is the appropriate area to have t. and higher intensity uses. higher density -----.-- In response to Commissioner Pistor's question, Mr. Weeks advised that the petitioner has not agreed to exclude the convenience/commer- cia1 uses, and referred to other PUD's approved during the last year. Dr. Neno Spagna, representing the petitioner, stated that the rezone requ~~t is for 65-multi-family residential unlts and 1.4 a~res tract for neighborhood commercial uses. Dr. Spagna indicated that the reason for requesting a higher density is because buffering and landscaping the site will be more expensive, due to the fact that the County Barn Facility is close to the proposed project. He noted that the petitioner's goal is to provide affordable housing, and he has bui It lower priced housing in the County and would like to continue that trend. He noted that when the project was presented to the CCPC, it was determined that the commercial property should buffer more than normally required. Referring to the sketch, Dr. Spagna indicated that a 60 foot separation will be allowed along the southern portion of the property; the remaining portion of 1.9 acres is being proposed for commercial uses, ~hich will serve the surrounding area~. Commissioner Saunders asked how much of an increase would resul~ if the commercial uses was not allowed? Dr. Spagna responded that the price of the units would approximately be increased by $2,000 if Page IS 1001 117 IS';! 49 -. I:;,: ~.. [ ¡ t ~: N: 11)0( 117 m 50 AUGUST 23, 1988 the co.øercial uses are not permitted. fie noted that an alternative to be considered in order to keep the prices down, would be to have a total of 88 units per 10.3 acres of land, without commercial uses, which would offset the cost of buffering and landscaping. Commissioner Saunders, however, stated that since Staff has not reviewed the project on Dr. Spagna's alternative, the petition would have to be referred to the Planning Commission for their review and reco..endation. Chief Planner Cacchione stated that the acreage in the project has varied throughout the process, and Staff would recommend what is per.itted under the Comp Plan which is a maximum of 8 acres on the gross 8 units per acre. Ms. Cacchione stated that if the dedicated County right-of-way is included, the maximum acreage would be 10.3, at 8 units per acre allowing a total of 82 units under the Comp Plan. County Attorney Cuyler advised that he did not have a problem with the consideration of the additional acreage, provided that Staff is com- fortable in their analysis of land use criteria, and it is not a substantial deviation. Commissioner Saunders stated that he would not have any objections to the 82 units per lO.3 acres, as defined by . Ms. Cacchione, but would object to the 88 units per 10.3 acres. Citizens Keller, Riner and Jones expressed their views about the proposed project by stating that they were opposed to the construction of such a site, specially the commercial use, as they preferred for the area to remain Estates, and other uses should not be permitted. Page l6 - - - . --.--.-,-."'.------.--. '"' AUGUST 23, 1988 Mr. Gary Beyrent, the petitioner, advised that he had presented the Planning Staff with 88 multi-family residential units and a convenience commercial site, however, Staff recommend~d 88 multi- dwelling units, without the commercial use, thus cre ing a $2,000 cost increase of the selling price of the units. He noted that th';---.... proposal would be a duplicate of the southern multi-family zoned areas, and would eliminate the commercial use, if he obtained 88 units needed to calculate prices from $S8,000 - $59,000 range. He noted that the property is in fact 10.3 acres, however, a 30 foot road right-of-way was deducted which made the property 9.6 acres, and will be contributed to the County. He stated that in order to build affor- dable housing, as planned, he needed the 88 multi-family units on the property. C~issioner Glass indicated that the proposed project is not an insignificant deviation, and the petition should be referred back to the CCPC for a hearing, Commissioner Pistor concurred with this stateøaent. Commissioner Saunders indicated that the proposed project is adja- cent to an urban area, and some transition should be made between the urban and the Estates area; he agreed with Commissioner Glass' recom- Jaendation that the petition sl.ould be referred bl'lck to the CCPC. Commissioner Basse stated that commercial uses should not be per- .itteð in the area, and the density in question should be carefully examined, as to the impact it will have on the Estates area. 8001( 117 w"," .u Pl'lge 17 _.__.~-- aGO( 117 PV.{ 52 AUGUST 23, 198B Co8aissioner pistor move4, seconðeð by Commissioner Hasse an4 carrie4 unani8ously, th~t Petition R-87-21C be referred back to the Planning staff for further investigation, ðue to the change in the number of units an4 the 4eletion of the commercial use. In regard to the four-laning of County Barn Road, Commissioner Pistor stated that the right-or-way should be taken into con- sideration: Commissioner Saunders stated that the Facility necessi- tated landscaping, and perhaps a solid fence could be constructed; County Manager Oorrill concurred with this statement. Public Works ^dministrator Archibald advised Commissioner Hasse that Crews Road would become a local road between the extension of Santa Barbara and County Barn Road, and a 60 foot right-of-way should be reserved for future uses. ... aece.. 10:2S A.H. - 10140 A.H., at which time Deputy Clerk Hotfman replaced Deputy Clerk Hen4ez ... It.. 'GCI RESOLUTION 88-187 RE PETITION 1\V-SS-018, WILLIAM JONES REQUESTING VACATION OP G I RE1\R EABEKENTS ON LOTS ,5-10, BLOCK I, TR1\I L 1\CRES - ADOPTED Legal notice having been published in the Naples Daily News on August 7 and 14, 1988, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider vacation of the six Coot rear easements on Lots S-lO, Block 1, Trail ^cres. ~'~.!!.blic Works Administrator Archibald indicated that subject Petitioner is re(: - 3ting approval to vacate the rear yard utility Page lB - - - -...----- -,. ~..~.... .-- " ~ I" :~~'"~,, ;"",,t,,; ~" .t ~ " :~, ' 1: :i . ..-- "---" AUGUST 23, 1988 easements, so that the property owner may better utilize that pro- perty. He stated that these easements are not going to be used by the County or the Utility Companies, noting that the appropriate Letters of No Objection have been received. Therefore, he advised, that Staff is reco.mending approval of the vacation of the above-described ease- Jaents. There being no speakers, either for or against this Petition, eo..issioner Glass moved, seconðeð by Commissioner Pistor and carried unani8ously, that the public bearing be 010.e4. CO88issioner Pi.tor moveð, seconðed by Commissioner Goo4night and oarrie4 unanimously, that Petition AV-88-018 be approveð and Resolution 88-187 be aðopte4. Page 19 aoOK 117 1'11",[ 53 .....-- ----'.--"'--. aoor 117 lA~ 56 AUGUST 23, 1988 Itea f6C2 RESOLUTION 88-188 RE PETITION AV-88-019, WILLIAM C. MC1\NLY REQUESTING VACATIOII OF VALLEYBROOJIt'DRIVE, A SIX'l'Y FOOT RIGHT-OP-W1\Y, REGENT P1\RJI:: - ADO P'1'ED Legal notice having been ptJblished in the Naples Daily News on August 7 and 14, 1988, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider vacation of Valleybrook arive, a sixty foot right-of-way, as shown on the plat of Regent Park replat so Petitioner may consolidate property. Public Works Administrator Archibald stated that subject Petitioner is requesting approval to vacate a road right-of-way if. Regent Park, south of Immokalee Road. He noted that a l60' portion of the roadway was platted to provide for a future connection to the adjacent Quail wood development, but this is a multi-family develop- .ent, and there is no need for ~his inter-connection. He indicated that the actual vacation involves 60' of right-of-way, approximately l60' in length, and the adjacent property becomes the ownership of the adjacent lots which are zoned multi-family, but the density will not be changed, since the density is controlled by a P.U.D. document. There being no speakers, either for or against this Petition, Coaaissioner pis tor aove4, secon4e4 by Commissioner Goo4night and carrieð unanimously, that the public hearing be close4. Commissioner Pistor move4, secon4e4 by Commissioner Goo4night anó '-'carri!.4 unanimously, that Petition 1\V-88-019 be approve4 and ReSOlution 88-186 9 adopted. Page 20 - - - ...."._,,-_.... ~.~-,_._._~_._.".__. . ",-."--..,---.---- "-~....'--'-'~ -'-"'-'--- ---. "---.---.-.",... IGOr 117 'v,( 58 AUGUST 23, 1988 It.. "C3 P£T7T.IOX SKR-ØØ-1C, RENAKIXG MARSEILLE DRIVE AND SOUTH M1\RBEILLE DRIvE .IX R.IV1:ERA COLONY GOLP BBT1\TES - TO BE RE1\DVERTISED Legal notice having been published in the Naples Daily News on July 10, 1988, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider changing the street name of Marseille Drive South in Riviera Golf Estates Unit Two and Riviera Colony Golf Estates Unit One to be renamed Marseille Drive and the access street to Bayberry II Condominium be named Marseille Drive South. Graphics Chief McDaniel stated that subject request is being .ade, based on a request from the Post Office, noting that Bayberry II, a condominium complex accessed off of Marseille Drive (South), is using numbers which duplicate those of single-family units along Marseille Drive South, thus causing confusion. f~ further noted that a short segment of road leading to the Fountains IV, where two buildings are constructed, is named Marseille Drive South. He stated that he advised the developer of Fountains IV of the problem, and they both agreed that this new road should be changed. Mr. Mc Daniel suggested that the new road be called Chantelle Drive, adding that he notified the residents of the existing two buildings, advising that they would have to change their addresses, noting that he has received no responses, as yet. ---'---tn-conclusion, Mr. McDaniel requested approval of naming Page 21 '" - - - ,-...",.,,"~.__.... ---, """'-- AUGUST 23, 1988 Chantelle Drive, changing a portion of the platted Marseille Drive South to Marseille Drive, and to name the entrance road to Babyberry II to Marseille Drive South. Chair.an Saunders noted that the request for the southerly road to be na.ed Chantelle Driv~ did not appear in the advertised Notice of Public Hearing. ComaIssioner Pistor moveð, seconaea by Commissioner Hasse to reað- Tertise all of the proposea street name changes an4 bring back to b~ bearð. Attorney Thomas Franchino of Siesky & Lehman, stated that he is representing the residents of Bayberry II, on Marseille Drive South. He noted that he supports Staff's position regarding the proposed name changes, as it would eliminate the duplicative addresses that are causing confusion. He advised that there have been problems with the delivery of emergency services to this area, due to residents with the sa~ addresses in a v~ry short stretch of the road. He noted that he feels Staff's proposal would minimize the cost and the inconvenience, due to the fact that all the residences along the original Marseille Drive and Marseille Drive South would retain the addresses given to the. by the County, therefore, no chageover by those people. With regards to Bayberry II, he stated that he feels the proposal is most equitable, since it was the first development along any of the Marseille Drives, and he believes that it is only fair that they be allowed to retain their original numbers. Upon call for the question, the motIon carrie4 unanImously. ;~ 117 "lr.~ 59 Page 22 " ".-."...-... .".".--..-.."""'-".. --."-."".,, ......."...".""'.""--..-.-.---"..-...,. """""'-'-"" ~,," 1t ;~,,' , ,.'" I,. IO8r 117"" 60 i':: , . ~'f' '<'},' . AUGUST 23, 1988 .It.. f7Al RESOLUT.IOIf 88-189, PETITIOIf V-88-1, DR. , MRS. KOTT REQUESTING S' VAlUAJICB FOR PROPERTY LOCATED ON '1'HB WEST SIDE OF CYPRESS POINTE DRIVE - ADOPTED 0 r~ga} notice having been published in the Naples Daily News on August 7, 1988, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition V-88-8, filed by Dr. and Mrs. James B. Mott, requesting a S foot variance from the required rear yard setback of 25 feet to 20 feet in the RSF-3 Zone. Planner Weeks advised that subject request is to obtain a setback variance of 5' to the rear yard, to allow a partially constructed residence to remain at its present location. He noted that the pro- perty is located within the Big Cypress Golf and Country Club Estates, adding that the petitioner was granted a building permit earlier this year, and went forth with the construction. However, he noted, the permit was put on "hold" when the spot survey was submitted, due to a S' encroachment. Hr. Weeks stated that there is a 5' discrepancy between the recorded plat and the physical property. He noted that it appears that the applicant is caught in a bad situation, since the State Certified land surveyor should have advised the petitioner of the . discrepancy so that he could have redesigned the house configuration, - or applied for a variance application, prior to any con~truction Com- .~ on site. "~stated that Staff feels this is a civil matter Page 23 - - - ~'i'.'.,.""'.,',: .é' ¡t,. , ;11,. .4- ..,. i',-'t !.~ ~; . .. } ,; AUGUST 23, 19BB between the Petitioner and the surveyor, and a variance is not warranted, based upon the criteria of the Zoning Ordinance, and ther~- fore, are recommending denial of subject petition. Mr. Weeks advised that the CCPC reviewed subject petition and una- nimously recommended approval, noting that they felt that the applicanl was caught in the miodle of a situation of which he had no control. He indicated that the Manager of the Country Club Estates spoke at th~ CCPC hearing, stating no objection to subject request, 8 letters of "N', Objection" were received, and an additional letter was received this week froø Mr. Tompkins, Manager of the Country Club Estates, reiterating no objection. Mr. Jerry Triplett, representing Dr. and Mrs. Mott, stated that the recorded plat was used to construct the house, which was laid out according to the setbacks of the plat. He noted that when the house was laid out, there was a full time superintendent on the job site, but he was not notified of any encroachments, adding that after the fill was brought in, the surveyor was once again called out to recheck the site to make sure the stakes were still in the proper locations, and once again, he had not advised them of any discrepancy. Mr. Triplett stated that he discovered the short distance at the rear of the house, when the septic was to be installed. He noted thal he went to the surveyor at this time to check his map, and then went to the Courthouse and learned that no amendments had been made to that area. He indicated that upon learning of the discrepancy, construc- lØOK 117nt;{ 61 Pðge 24 í'f1 ,r- 'tl . .. , ;'" ,). rJ ~;: l:/'\;." . f~, ':'1- 'I" ? :.~ " '~ IIIOC 117,AÇ[ 62 tion was ceased. AUGUST 23, 1988 Mr. Ed Tompkins, General Manager of the Country Club of Naples, stated that he would like to enforce the letter he sent to the Board, endorsing approval of the request for the variance, noting that the Country Club is lhe primary property involved, and it takes the posi- tion that this is an unfortuante circumstance. Mr. Richard Cram stated that he supports Dr. Mott's request for a variance. He noted that he is a builder from North Carolina and he has learned of the County's intent to streamline the variance con- fusion, and suggested that the County may wish to consider variances ~ straight line from required yard to required yard. Commissioner Saunders stated that any suggestions Mr. Cram has regarding the streamlining of variances, will be most appreciated, and requested that he meet with Mr. Weeks, if he would like to share his ideas. eo..issioner Glass move4, seconðed by Commissioner pistor an4 carrie4 unanimously, that the public hearing be closeð. C088issioner Pis tor moved, seconðed by Commissioner Glass an4 carrie4 unanimously, that Petition V-II-I, be approve4; the surveyor of recor4 file an affidavit ot change with the plat, anð that aesolution 88-189 be a4opted. t' -""---- Page 2S - - - ,--- .,..".. _. ....._-~ ----~----,-, .""" . "'..--.-...-------."".-,...,.-".-.-,,- ",."".""-..,, '7 1 I'" I';ij" . ' ~t " I ", ,.,'.'..:.'. " "¡' .~ í1.t; ~I &1' .-..._-,~_." - - .. "- AUGUST 23, 1988 .It.. 17Bl R2S0LUT7~ 88-190, PETITIO" PU-87-8C, INVESTMENT PROPERTIES CORPORAT.IO., REPRESENTING C , S TRUST CO., REQUESTING EXTENSION OP PROV7SIOKAL USE FOR A CHURCH - 1\DOPTED Planner Weeks advised that a request is being mar to obtain a --., one year extension of a provisional use for a church LO be construc~er ---" on the northeast corner of Solana Road and Goodlette-Frank Road. Co8aissioner Pistor moveð, secondeð by Commissioner Hasse anð carrie4 unaniaously to approve Petition PU-87-8C, for a one year extension, an4 that Resolution 88-190 b. a4opte4. lOOK 117 P1(,[ 65 Page 26 .. --"-...,. 117 '11',£ 72 It.. 17B2 AUGUST 23, 1988 RESOLOTIO" 88-191, PETITION PU-87-14C, BILL GRIFFIN OF COLLIER COUNTY EMS REPRESERTING KEVIN L. STONEBURNER REQUESTING PROVISION1\L USE FOR EM STATIO" AT THE CORNER OF Y1\HL STREET AND PINE RIDGE RO1\D - 1\DOPTED Planner Weeks stated that the Petitioner is proposing to obtain a Provisional Use for an EMS substation, to be located at the Orange Tree Center, located at the intersection of Yahl Street and Pine Ridg~ Road. He noted that the property is zoned C-5, with a portion zon~ù Industr ial. He advised that surrounding properties to the west and east are zoned C-S Industrial, land to the north is zoned Industrial, and the Qu~il Run Golf Course is to the south, adding that there is a retail tire center to the east of the property, a commercial office co.plex to the west, and mixed commercial and industrial land uses are located due north of subject property. In answer to Commissioner Pistor, Mr. Weeks replied t~at Staff's review indicates that subject location is appropriate from the stand- point of compatibility, noting that it is an office type use with the employees of the EMS Substation staying there. He added that the intersection of Pine Ridge Road and Yahl Street is a very busy inter- section, and the County Engineer has mentioned that there is a need for a traffic signal, but at present, there is no plan for a light to be installed there. He advised that this ties into the concern of the Transportation Department of the emergency vehicles getting out on the roadway. He stated that initially, the Transportation Department recommended that an emergency signal, such as a flashing light, be Page 27 - - - .._-.,-----,-- ,---", ^UGUST 23, 1988 installed, so that the traveling public would be aware of that vehicl~ entering the roadway, but after learning that this is a temporary facility, it alleviated much of the concern, however, they do want to make it known that this is a busy intersection, with a need for a traffic signal. Mr. Weeks stated that the CCPC's recommendation was that of ~-,~ denial, expressing concerns with the financial aspect relating to the placeJaent of a traffic signal that would cost an estimated $30,000, plus the added cost of the rental of the building, and they discussed the possibility of relocating elsewhere, within the general neigh- borhood. Mr. Weeks noted that Staff had made a recommendation of approval, subject to utility stipulations, adding that this has been withdrawn, since this is an existing plaza, and utility connections are in place. and the recommendation has been changed to "no objection". He advised that no correspondence has been received regarding subject petition, and there were no speakers, either for or against the petition at the OCPC public hearing. Commissioner Pistor questioned where the permanent station will b~ placed? County Manager Oorrill stated that the EMS Station will remain at subject location, noting that the original Growth Management Plan was predicated on a stand alone EMS Only Station, to be built, but it has been determined that this is not a good use of public funds. He added aDO( 117fAr.r. 73 Page 28 ..- .. --, .-...-----.....--- ..----........", ...._- _.,-, -_....",._'...-..~---.._.".."..,"".- "".-..""""", '* ll7rr.r. 74 AUGUST 23, 19BB that an attempt was made to work with the existing fire department, but there was not sufficient room; an attempt was made to acquire adjoining property, and add on to the fire station on Pine Ridge Road, but was unsuccessful; rental opportunities were looked at, but had considerable additional costs associated with them. He further indi- cated that before this Station is made a permanent one, the issue would be brought back before the Board, with explanations of the rationale, and defining all the costs associated with a long term EMS facility. E8er9~ncy Services Director Reardon noted that a traffic light is needed at subject location, regardless of whether or not the EMS Station will be there, and the operation of emergency vehicles weighs heavily upon the training of the individual, who will be driving defensively. Coamissioner Glass move4, secon4eð by Commissioner Hasse, to to approve Petition PC-88-14C, subject to the installation of an appropriate emergency signal, anð that Resolution 88-191 be adopted. Public Works Administrator Archibald stated that the recommen- dation of the Transportation Department is that a signal is not warranted at this time, but that it may be in the immediate future. C088issioner Glass ...ndeð his .otion, by ðeleting the requirement o~ the installation of an emergency signal. Commissioner Hasse accepteð the amendment. carrieð unanimously. Upon call for the question, the motion Page 29 . ------ - - - - .. II7w.[ 78 .It.. ISA AUGUST 23, 1988 LEOKARD WZSB7EWSKI REQUESTIKQ PERKISSIOK TO PARK MOTOR HOME ON BUILDIKG LO7 WHILE HOME "IS OXDER COKSTRUCTIOK - NO 1\CTIOK Mr. Dick Braun, President of the Golden Gate Civic Association, stated that the County presently has an Ordinance prohibiting the pla- cement of mobile homes in the Estates, and is recommending that the Commission deny subject request. Since there was no representation on behalf of the Petitioner, it was the consensus of the Boar4 that no action be taken. Xt.. leB JrrF CARESJŒY REQUESTIKO WAIVER OP FEES FOR PIVE MILE RUN EVENT SPOKSORED BY DAVID LATfREKCE CENTER - NO 1\CTION Mr. Jeff Careskey advised that the Banyan Pavilion at the David Lawrence Center is a not-for-profit drug and alcohol rehabiliation center for teenagers. He stated that the center is requesting that the fees be waived for a five mile run on September 24, 1988, with proceeds benefiting the center. He noted that the majority of the people involved are donating their time and services. Deputy Chief Ray Barnett, Sheriff's Department, stated that if deputies are on duty for this event, they cannot donate their time, noting that they will most likely be paid overtime. He questioned if roads are closed, and there is an accident, is there anything in the Ordinance which would prevent the County from being liable? ~-~ounty Manager Dorrill advised that in the past, insurance or bond -- requirements have .en waived, but the permit fees have never been Page 30 - - - --..--, ...."_.,, "--",...",..."..,.. ,.-.." ""..-..""-,,--.----.. .. ....-..-.-- --.-.~.-,,-..---.--.. --, " - - - AUGUST 23, 198B waived. Acting Community Development Administrator Olliff advised that Bon t~rary use permits were issued last year, adding that Staff recom- mends that a precedent not be set by waiving these fees. Commissioner Saunders noted that the County, through its budgeting process, contribute a substantial amount of money to the David Lawrence Center, adding that it is not a question of dollars at this point, but indicated that there are 800+ temporary use permits per year, and if the fee is waived for this event, it would not be fair to impose a fee on the other requests. .It was the consensus of the Board that no action be taken. Itea 19B1 ESTABLISH1IfG THE NAME "PIIfE RIDGB ROAD EXTBlfSIOJl" FOR THB ROADWAY BrrEJmBD EASTERLY PROM 1-75, 1\8 A COIfTINU1\TION OP THB EXISTING PInE RXDGB ROAD TO C.R. 951, WHICH INCLUDES A ONB MILE SEGMEIfT OP WHITE BLVD. 11f GOLDEN G1\TE EST1\TES - 1\PPROVED Public Works Administrator Archibald advised that in September, 1987, the four-laning of Pine Ridge Road from 1-75 to C.R. 9Sl was cOlDpleted. lie noted that the total length of the four-laning is 3 miles; 2 of which is a new alignment that did not include any exislinq roadway: and 1 mile was constructed on the platted White Boulevard. He stated that notices were sent out advising of the recommendation to ren~me the entire roadway as "Pine Ridge Road Extension". He added that the Post Office responded in concurrence to the recommendation, but noted that the numerical addresses of the 22 property owners on &OOK jljl¡rPIGt Jr~ Page 31 ", '. ,: !ÞJ' f"'; , '. i' t.:, '{t': ,J:{' I!} .f { 'DOC 117,1'1. 80 AUCUST 23, 1988 White Boulevard would remain the same, but the street name would change to Pine Ridge Road Extension. Mrs. Sue Franklin, stated that she has been a resident of White Boulevard for the past II years, noting that she does not want the road renamed. She cited the inconvenience of changing her address on her drivers license, bank checks, doctor's records, etc. She suggested that the cut off for Pine Ridgc Road bc at 1-75, and the remaining road running east from 1-75, be named White Boulevard. County Manager Dorrill indicated that it is poor public works practice to have one single roadway with two different names. He indicated that there are problems with the Supervisor of Elections' office trying to get ballots, precincts, and voter registration cards correct, and also problems with emergency vehicles responding to emergency calls. Commissioner Pistor noted that he concurs with Mr. Oorrill, adding that changing a roadway in the middle, is an easy way to get lost. c088issioner pistor moveð, seconðeð by Commissioner Hasse anð carrieð unanimously, to accept the Staff recommendation of establishing the name of "pine Ri4ge Roað Extension" for the roaðway extended easterly from X-7S, as a continuation of the existing pine Ridge Roa4, to C.R. 951 which include. a one mile segment of White Boulevarð in Golden Gate Estates. .----- Page 32 - - - """""",---"'-" t:. :1 ' I,.:;' :"~ì>< . ,; ~ ~: , ¡.' ik AUGUST 23, 1988 .It.. 19B2 RESOLUTIaN 88-192, ~W~RDING CERTIFICATES OF PUBLIC CONVENIENCE 1\ND lŒCZSSIn TO JAHES 1\ND ALEXANDAA SOLECKI, D/B/A INDEPENDENCE TRAKSPORTATIOft: MARCO ISLAND TROLLEY, INC., J. C1\RL SMITH, III: N1\PLES TROLLEY TOURS, INC., J. CARL SMITH III, PRESIDENT AND RICH1\RD L. TOMLINSON, VP - 1\DOPTED There were no speakers, either for or against this item. comais.ioner pi. tor moveð, secondeð by commissioner Gooðnight anð carrie4 unanimously, that the public bearing be closeð. eo.aissioner pistor aoveð, seconðeð by Commissioner Goo4night anð carrieð unanimously, that Resolution 88-192 be a4opteð an4 that certi~icates of Public Convenience an4 Necessity be awar4e4 to: James and Alexandra sulecki, 4/b/a In4ependence Transportation; Marco Islanð Trolley, Inc., J. Carl smith III, Incorporated: Naples Trolley Tours, Inc., J. Carl smith III, Presi4ent anð Ricbarð L. Tomlinson, Vice Presi4ent. aOOK 117 'l't 81 Page 33 ... ,.__.~----' - 117,1'",[ 86 AUGUST 23, 19BB It.. . 9B3 REPOR'r TO THE BCC RE PLMfS FOR IMPLEME1CTIKa MOSQUITO COIfl'ROL ME1\StJRES IX THE EVERGLADES CITY AREA- Public Works ^dministrator ^rchibald advised that as a follow up to Board directive regarding a mosquito control program in the Chokoloskee, Everglades City, and Copeland area, Staff is recommending a 14 day program which would provide for treatment, and the use of insecticides in the early morning and late afternoon to determine the impact of the spraying program on the communities requesting the ser- vice, and the cost. lie noted that if IS two week program is to be considered, the cost will be approximately $10,000, and revenue 50urce~ need to be identified. eoø.issioner Goodnight stated that the people in the affected area have petitioned the Board to provide the mosquito control program, adding that the problem appears to be the money. c088issioner Goo4night aove4 to instruct staff to find a means of financing this program, either through a MSTU or the General Fund, an~ if the program works, the county will be reimburseð by the people of the affecte4 area. Motion 4ieð for lack of a seconð. County Attorney Cuyler advised that his office and Mr. Archibald have been coordinating legal and financial mechanisms regarding the iapleøentation of this program, noting that they are still in the pro- cess of coordination. commissioner pistor stated that he feels the taxing district Page 34 - - - -..-....,.,---..-. .,-" ,-..----. -,....... " . m I - - - --- AUGUST 23, 1~8B should pay for this program, noting that this item has come up many times in the past, but whenever the cost has come up, the matter has died. He stated concerns that the County may get its~lf involved in something that will expand farther than the Everglad City area, and feels that there may be a problem, even on a test basis. ----.....- County Manager )orril1 indicated that a test program has been put together, but apparently the Commission has concerns regarding investing County money in the program. He stated that the Board may choose that Staff reapproach the Chamber of Commerce in that area, and propose the possibility of contributions in working with the assistance of the Mosquito control District to minimize the tax dollars, and determine if those residents want to create a taxing district. comaissioner pistor moved, seconðeð by Commissioner Hasse, that .onies for the testing be accumulateð through those people of the affecte4 area, and bring the issue back before the Board to determine if a reasonable amount of money has been contribute4, an4 then the Board of county commissioners will consider making a contribUtion. aotion carried 3/2 (commissioners Goodnight an4 Glass opposed). It.. UDl JOIBT RESOLUTION 88-193/CWS 88-14, DISTRICT 5 - EAST AND SOUTH K1\PLES SAXITARY SEWER SYSTEM - CREATION OF SPECIAL ASSESSMENT DISTRICT AND ORDER.ING CONSTRUCTION - ADOPTED Utilities Administrator Crandall referred to the map depicting District s. He noted that 4 of the S Districts were created a couple Page 3S aDaK 117 PI~t 87 .,.--..' ,...,...,..---.-- allO( 117,...1. 8S AUGUST 23,1988 of months ago, adding that the predesign for District 5 had not been completed by the Engineers. He advised that by creating District S today, a public hearing date will be established in the future. noted that there are several package plants associated with trailer parks that need to be phased out, in that District. eo.a1ssioner pis tor moved, seconded by commis.ioner Hasse an4 carried unanimously, that joint Resolution 88-193/CWS-88-14 re District S - East and South Naples sanitary Sewer system be approved, creating a special 1\ssessment District, be adopted. i -ì :t .11" ,.< . ' t,~ ~f J i ~ r.. page 36 - .. - He .",,------- 100( 117rv,( 96 AUGUST 23, 1988 It.. 1117.2 .( BUDGE7 ~ø~ørs 88-364 1\NO 88-367 - ADOPTED cO8åissioner pistor moved, seconðeð by commissioner Glass and carrie4 unanimously, that Bu4get Amendments 88-364 and 88-367 be adopte4. .It.. 112A DISCOSSIOK RB SEWAGE EP7LUEKT DISPOSAL OK PRIV1\TB PROPERTY - STAFF TO PROVIDE RBCOKKENO1\TIONS TO BCC RE SOLUTIO. TO PROBLEMS WITHIN 30 DAYS Cos8issioner Goodnight noted that in July, she asked for a discussion regarding sewage disposal on properties in District 5, adding that since that time, there have been newspaper articles stating that sludge has been disposed of illegally on these same pro- perties. She indicated that she would like an update. Environmental Science and Pollution Control Director Lorenz advised that the property in question, is the Piper property, noting that Staff is working with the owner to obtain a permit under the Sludge Disposal Ordinance. He stated that Staff is also educating the haulers as to the requirements of the Ordinance, and how they must dispose of the material. Commissioner Glass questioned why sludge is being dumped in an ,. )' f$. 1<" ~ ~; .w ~'~~ ~. ',: 1 ~~ i 1:(." ;t ,;,,' 't area that is being considered for future well fields? Utilities Administrator Crandall stated that DER has been notified ~~bject property is a future well field site, and they responded that they will ta . this into consideration as to whether this should Page 37 ..-- --- - - --- -- - ".~ ..,..,,-.,-..... ".. . ........._._-~,-----,.-....-_..... -..--..,......-..-.-".....--'-""-". .. ,--.- AUGUST 23, 1988 be an approved site. County Manager Dorrill stated that the Piper's have allowed sludg~ to be deposited on their property for years, and suggested that the best course of action may be for the Board to instruct Staff to limit County per.its on that particular site within the law. Cosmissioner Hasse stated that if the dumping sites are iden- tified, they should be monitored much more closely than they presently are. In answer to Commissioner Glass, Mr. Lorenz advised that samples have been taken on site, but noted that because of the solids ~terial, there have been problems analyzing these samples, but it did give the indication that based upon that data, there was not a probleø, noting that nutrients and metals were looked at. c088issioner Goodnight aoved, seconded by Commissioner Hasse anð carried unaniaously, that statt be directed to come back to the Boarð with rec088enðations regar4ing solving the problea. of illegal ðispo- sal, within 30 days. *** c088issioner pistor .oved, secondeð by Commissioner Hasse an4 carrieð unanimously, that the following items un4er the Con.ent Agen4a be approved anð/or a4opteð: It.. f14Bl EXCAVATIOlf PERHIT NO. 59.338 "SOO'1'HPORT ON THE B1\Y", SECTION 5, TOWICSBIP 48 SOUTH, RAHGE 25 EAST, '1'R1\CT B, LELY BAREFOOT BEACH - WXTB STIPULATIONS 1. The excavation shall be limited to a bottom elevation of -5.0 ft. ngvd. All disturbed areas proposed for lake excavation shall be excavated to a minimum elevation of -4.S ft. ngvd. Page 38 aDOC 117PAr,£ 97 .--.-".",..""".--"""".-....,."",., "'""",M"""""""""""'", '* 117m 98 AUGUST 23, 1908 No excavated material shall be removed from the project site. It.. U4B2 2. R.ESOLU'I'IO1I 88-194, RE HIGHWAY LIGHTIlfG JOI1n' PROJECT 1\GREBMElCT WHEaEI1' DO'l WXLL PROVIDE STREET LIGRTIlfG ALOlfG S.R. 45 BETWEEIf SOLAN1\ RO1\D ANT! PIBE RIDGE ROAD AND THE COUIfTY WILL PROVIDE FOR MAINTEN1\NCE - 1\DOPTED Clerk Giles stated that the Joint Project Agreement refers to a "subject to" agreement between the County and the City. He questioned if the County signs the agreement with FDOT, what is the incentive for the City to negotiate later? Public Works Administrator Archibald advised that the DOT is designing the six laning of u.s. 41 from Creech Road to Pine Ridge Road, noting that as part of that project, they plan to provide stree~ lighting. He noted that the DOT has processed a similar Agreement for joint participation with the City and County. He stated when Staff received the Agreement, it was revised, to make it subject to Agreements between the City and County, adding that about one half of the lights will be within the City, and the other half will be within the County, but there will only be one meter. included the same qualifier in the Agreement. He noted that the City Mr. Archibald stated that when the project materializes 2-3 years down the road, he believes there will be sufficient time to work out the ~hanics, noting that both parties are reserving the respon- sibility of the traffic signal electric cost for that portion within -'~~espective area. Page 39 --- --- - -. ------_. ----- - ...-".--.,-----. _.._-_._-~,.,.._.". -_. ,-~.._._--"_.,....,, ....",-,_..,-'-'. AUGUST 23, 1988 CQ88issioner Glass questioned whether the ^greement between the State will reflect State Road 4l, rather than State Road 45, to make sure we are not obligated for some area that we don't know about? Archibald replied that it is actually State Road 90, and will be Mr. reflected as such. See Pages J () do -- II () It.. 114B3 - KaYed to 9B3 It.. tUB4 ~PTUCB OF SUBDIVISIOll IKPROv~.lfrS A1ID RECORDING OF. FIN1\L PL1\T OF THB VXLLAØ OF PELICAK B1\Y It.. 114B5 - continueð for one week .It.. f14D1 BUDGET AKE.u~KT OF $31,500 FOR PVRHCASB OF TRUCXS FOR UTILITIES D.IVISIO1I It.. f14D2 ACCEPTAJICB OF UTXLITY EASEJŒ1CTS, TEKPOR1\RY CONSTRUCTXOH EASEHEHTS A1fD RELA"l'ED DOCUKEtf'l'S FOR EAST A1fD SOtJ'lH DPLES SEWER PROJECT See Pages Itea tUGl DOCUMENTS NOT REr:F.TVrn TN ð.F.RK TO BOARD OFFICE AS OF SEPTEMBER 9,1988 WEEnY RE1I'1'AL CH1\RGE OF $135.00 TO CYPRESS KO'l'EL FOR TEHPORARY EKERGEJlCY KEDIC1\L SERVICES SUBST1\TION It.. IUB1 CEJrrInCA'l'ES OF CORRECTION PRESENTED BY PROPERTY 1\PPRAISER 1987 No. 122-A No. l23-A No. l24-A No. 125 Dated 11/16/87 Dated 11/l6/87 Dated 1l/l6/87 Dated 11/16/87 Page 40 am 117 rl~t 09 .. -_._----'*~~""'" ,..,......---- ¡. 117 rl(.{ 100 AUGUST 23, 1988 Dated 11/16/87 Dated 1l/l6/87 Dated 11/16/87 Dated 08/08/88 No. 126-A No. l27-A No. 128-A No. 180-A Itea 114B2 SAT.ISFACTIOR OF LIER RE PUBLIC DEFENDER See Page III It.. 114B KISCELLAØBOOS CORRESPONDERCE FILED AND/OR REFERRED The following correspondence was filed and/or referred as indicated below: 1. Letter dated 08/08/88 froø Paul R. Bradshaw, Director, Division of Resource Planning and Management, DCA, to Commissioner Pistor, re Contract No. 88-LP-08-09-2l-0l-406. Filed. 2. Letter dated 08/11/88 from Thomas Pelham, Secretary, DCA, re promulgating a new funding rule to implement the 1987 Legislature appropriation of $2.S million to assist local governments in their comprehensive planning efforts. Referred to Neil Oorrill, Jane Fitzpatrick, Tom Olliff and filed. Notice of Workshop from Florida Department of Environmental Regulation. Filed. 3. 4. Letter dated 08/10/88 from DER enclosing short form application File No. 1l1532085 re dredge and fill permit. Referred to Neil Dorril1, George Archibald and filed. Memo from Department of Revenue dated 08/10/68 from William F. tuna, Director, Division of Ad Valorem Tax, re following TRIM process. Referred to Neil Dorril1, Lori Zalka and filed. 5. 6. Minutes ------- A. 07/2l/A8 - Collier County Planning Commission B. 08/l8 ~ - Agenda of Collier County Planning Commission C. 08/04,', - Collier County Planning Commission Page 41 - - - AUGUST 23, 1988 7. Letter dated 08/11/88 from Rev. Bruce R. Sommerfield, Messiah Lutheran Church, releasing Houchin Construction fr08 any and all obligations to above mentioned church in reference to proposed addition. Referred to Dave Pettrow, Joe ~~gri and filed. ... There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 12:20 P.M. BOARD OF COUNTY COMMISSIONERS/ BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ~. ,/,"C:,~.:...,... ..' .., 1ft .,0 ~'. °. n ~, . JAMES-'" "GILES,°..cCERK .j..';.:~'" '~", ,: r') :' í . '. ç:;. :" . -' . .. ~ " ," .Þ." ~ oI¡ ,. ; '" . ...;;t. .' , ." ' ,~êse'Ílllttidte. approved 4, ----- as pr:~~~ ~ or as corrected . '. ' ~~ BURT L. SAUNDERS, CHAIRMAN t},c., by thr>, Board on ,~~//"/r aDo,; 117ri~101 Page 42 -"""-_.'-_.,,.., "."...,...,_..-,_..- ..,....-...-.--..---