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BCC Minutes 11/10/1986 R .. .. - Naples, Florida, November 10, 1986 LET IT BE REMEMBERED, that the Board of County Commissioners in ðnd for the County of Collier, and also acting as the Board of Zoning Appeals and as the governinç 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 Courthouse CompIE'x, East Naples, Flor ida, with the following members present: CHAIRMAN: John A. Pistor VICE-CHAIRMAN: Anne Goodnight Frederick J. Voss Max A. Hasse C. C. "Red" Holland ALSO PRESENT: James C. Giles, Clerk; Maureen Kenyon and Virginia Magri (5:10 P.M.) Deputy Cl~rks: John Yonkosky, Finance Director; Donald B. Lusk, CGunty Manao;¡er; Neil Dorrill, Assistant County Manager; Ken Cuyl~:, County Attorney; Bruce Anderson, Assistant County Artorney; Dave PettroH, Comnunity Development Administrator; Ann McKim, Planning/Zoning Dire:tor; David Weeks, Barbara Cacchione, Charles Gauthier, and Tom M:Daniel, Planners; Tom Crandal~, Utilities Administrator; GeJrge Archibald, Public Works Administrator; Nancy Israelson, Administrative Assistant to the Board; and Deputy Chief Ray Barnett and Willi~m McNulty (1:45 P.M.), Sheriff's Department. Page 1 rOOK 099 PAS[ 01 I' I I . f .~ i :. ,¡ Ii' ' . . i ' . t I I " J ~ ¡ I I I I I i '1 i ·1 , f I I I 'I . I I ¡ ~ ; i . ' , · I I' ,\ , ¡ · . · , ' I I ¡ ¡ I I , I i I , I , : ¡ . ,&OOK 09Ð p~~r 06 November 10, 1986 Tape '1 Item U 1\GENDA - APPROVED WITH CHANGJ~S Commissioner Voss moved, seconded by Commissioner Goodnight and carried unanimously, that tho agenda be approved with the following changes: a. Item 9Cl Added .. re ¡:ecommendation tor the acceptance of the Juvenile Justice and Delinquency Prevention Grant. b. Item l2G Added - Report from University of South Florida. (Ccmmissioner Pistor: c. Item l2H Added - re lId Hoc Study COlllrlittee - Single District Membership d. Item 9B2 ra lease agreement with Collier County Fair and Agricultural Exposit;.on, Inc. to be heard at 11:00 A.M. &. Items 6B2 and 6B3 re Collier Development Corp. to be heerd at 1:30 P.M. Item 'SA EMPLOYEE SERVICE AWARDS - PRl:SENTED Commissioner Pistor prespnted service awards to the following employees: Beverly Utley - EMS Antonio Almodovar - Road & Bridge 5 years 5 years Item 'SB PROCLAMATIliL'f DESIGNATING THE WEEK O:r¡o NOVEMBER 16-22, 1986 AS "HOSPICE OF NAPLES WEEK" - 1I.DOPTED '. Commissioner Pistor read and presented a proclamation to Philip Francoeur designating the week of November 16-22, 1986, as "Hospice of Naples Week", and thanked hiIT for all that has been done for Collier County. Commissioner Goodnight mcved, seconded by Commissioner Vo~s and Page 2 · . Î , r! - - - ,! - ! I. , " , I' " ''"''··--·,-'',,··..,'''·....··..._____.,...''''_4'_'''''''''.'_-¡;'''^~- - .. . ,",,' November 10, 1986 carried unanimously, that tha: the proclamation be adopted. - Mr. Philip Francoeur accc)ted the proclam~tion expressing deepest appreciation for the support .)f Collier County. ~l1DK 099'-;'0; 07 ,qe 3 - - .. - November 10, 1986 Item 'SC 10 YEAR PIN AND CERTIFICATE PRESENTED TO COMMISSIONER PISTOR Commissioner Goodnight )resented a pin and a certificate to Commissioner Pistor for 10 {ears of service as a County Commissioner. Item '6Bl PETITION R'-8S-24C, DOMENIC :)'AGOSTINO - CONTINUED TO JANUARY, 1987 Planning/Zoning Directo~ McKim stated that the Petitioner is requesting that this i tem b,~ continued unti 1 sometime in January, 1987. She noted that this petition would have to be readvertised as it is being continued for more than five 'Heeks. Commissioner Voss moved, seoonded by Commissioner Hasse 4nd oarried unanimously, that P,.tition R-85-24C, be continued until some- ";;ime in January. Commissioner Pistor indicated that this petition may not come back as the Country CluD may be 301d. Mr. J&.k Breeden, President of the Collier Golf Authority, stated that he met with the principles of the golf course and the Collier Golf Authority is proposing to lease with an option to buy that golf course within the next 10 d~ys. Mr. Jim Toomey, Vice Pr'~sident of the Fairway Homeowners Association, stated that th'He has been a lot of concern regarding this matter and he is glad to he,u that this gGlf course will be l~ased with an option to purchase, but he would l~ke to know the tErms of the lease. He stated that he wants to be sure that the lease will go Page 4 aoo~ 09'9 P:-:< 09 aDaK 09n pv·r 10 November lO, 1986 through and that the residents do not have to worry about the golf course being rezoned in the future. Commissioner Hasse stated that he has always supported the golf course and does not support strip zoning which is what this would be if it is rezoned. Item t7A1 RESOLUTION 86-217 RE PETITION FDPO-86-5C, ERMON BECK, REQUESTING A 4' VARIANCE FROM THE MINIMUM B~SE FLOOD ELEVATION FOR PROPERTY AT 103 BAYVIEW AVENUE, LOTS 31 , 32 BLOCK B, UNIT 1, CONNER'S VANDERBILT BEACH ESTATES - ADOPTED Legal notice having been published in the Naples Daily News on October 24, 1986, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition FDPO-86-5C, filed by Ermon Beck, requesting a 4' variance [rom the minimum base flood elevation for property at 103 Bayview Avenue. Planner McDaniel stated that Mr. Beck is requesting that he be allowed to build 3 single-family home at an elevation of 9 feet instead of the reouired 13 feet. He noted that he looked for a hardship on which to base tre variance, but none exists. He noted that staff recommends denial. Commissioner Hasse stated that a letter was received from a number of people that live in th~ area asking that this variance be granted and questioned if the rest cf the homes are at the same lc"el as the request ?r higher, to which Mr. McDaniel stated that all of the homes with the exception of one WEre built prior to 1979 before the Flood Damage Prevention Ordinance was enacted, and they are all buil~ ~t Page 5 - - - .. .. .. November 10, 1986 grade level and therefore, would be lower than Mr. Beck's home if he WðS granted the variance. lie stated that Mr. Beck's lot is an over- sizcd lot and the only home that has been built since the ordinance WðS enðcted is across the ~t;reet and thðt wa~ built at the proper ele- vation. Commissioner Hasse questioned if this home is built higher, would it çreate a problem for the neighbors as far as run-off is concerned, to which Mr. McDaniel statecl that Mr. Beck plans on building hi& home in the middle of the property and there is 180 feet between side lines and, therefore, he could control the run-off. Tape '2 Mr. Ermon Beck stated th~t without the variance he would build the lot up from grade level to the middle of the property where the house will be set. He stated that the neighbors would like to see him granted th~ variance and he would like to accommodate their wishes so that he does not have to wo¡·ry about any run-off requirements. Commissioner Voss quest~oned if a variance is granted without a justifiable reason, does the County have problems with FEMA, to which Mr. McDaniel replied affirmatively, adding that the last time FEMA was in, they wrote a letter cri~icizing the Commission. Mrs. Evelyne Lawmaster, Director of Vanderbilt Beach ~LQP~rty Owners I'\ssociation, stated:hat th,,' neighborhood is in favor of this variance ñnd presented a li:3t of names to the Commission indicating same. She stated that most of the homes are at street level ex~ ~t Page 6 &O~ 099 w': 11 aODK 09'9 pn 12 November 10, 1986 for the one across the street which no one likes. She stated that these homes have gone through Hurricane Conna and are still standing. She stated that Mr. Beck is going to have a Rutenberg Home built on this property which will be a nice addition to the neighborhood, and it would look better if it ~as in conformance with the rest of the area. Commissioner Hasse st.Jt'~d that he concurs with the Flood Damage Prevention Ordinance but, in this case, everyone in the neighborhood feels that it would be detrimental to their property if Mr. Beck had to raise his lot to build hls home. Mr. McDaniel stated tha': the street level is about 5' and if this home was built at 9 I, it wOIJld be about 4 above the street ...evel. Commissioner Goodnight noved, seconded by Commissioner Voss anð carried unanimously, that the public hearing be closeð. Mr. Jaeger, adjacent neighbor to Mr. Beck, stated that he would like to see the variance grénted as it would look nice for the neigh- borhood. Commissioner Holland moved, seconded by Commissioner Ha..e anð carrieð 4/1, (Commissioner iistor opposed), that Resolution 86-217 re Petition FDPO-86-5C requesting a tour toot variance tor 103 Bayview Avenue be adopteð. Pðge 7 .. .. .. ,.~,---"",,--,-,,--~,.,,._.,--< .. .. .. November 10, 1986 Item 171\2 RESOLUTION 86-218 RE PETITION FDPO-86-6, PUTURE CITIZENS, INC. RBQUBSTING 1\ 2.6' VARIANCB PROM THB MINIMUM 81\8B PLOOD BLBVATIOR POR THB 80UTHB1\8T QU1\RTER OF SECTION 16, T48S, R25E - 1\DOPTBD L~gal notice having been published in the Naples Daily News on October 24, 1986, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition FDPO-86-6, filed by Future Citizens, Inc. requesting a 2.6' variance from the minimum base flood elevation 3S required by the Flood Damage Prevention Ordinance for prop=rty described as the ~outheast quarter of Section 16, T48S, R25E. Planner McDaniel stated tnal this will be a camping area and is south of Germain car dealership, west of the Pewter Mug and north of the Cocohatchee River. He stated that the plans consist of four shelters which will be built Jf 2 by 4'5 with wooden sheathing and unfinished. He stated that t1ey will only be used during inclement weather and are being built b{ Vo-tech at a minimal cost. He noted that if the shelters hðve to Je elevated, they will be required to have handicap ram~3 which would come close to exceeding the cost of the shelter itself, and this ,:ould be considered ð hðrdship, adding that, therefore, staff is rec,)mmending approval. Mr. Thomðs Davi~, representing Future Citizens, stated th~t this is a campground for children In general. He stated that :hese shelters ~re designed to sit an the ground with 10 bunks that run along the wall on the inside which would be used in case of roi~, Page 8 aoo( 099 ".":1 15 aOOK 099w,: 16 November 10, 1986 excessive bugs, etc. He not!d that the children will normally be sleeping in their sleeping b~9S outside. Commissioner Voss stðted thðt it seems illogical to raise the flood elevation because if they lose these shelters, they hðve not lost too much. Commissioner Voss moved, seoonded by Commissioner Goodnight and carried unanimously, tbat tbo'public bearing be olosed. Commissioner Voss moved, seconded by Commi.sioner Goodnight and oarried unanimously, tbat Rellolution 86-218 re Petition PDPO-86-6, Future Citizens, Inc. request;ing a 2.6' varianoe for tbe sO~j;;bea.t quarter of Section 16, T48S, R25B be adopted. Pðge 9 - - - A .~' .~- 0, :,¡,);'~ - t t .. .. Novembcr 10, 1986 I I ¡ ¡ ~ It';f~ .9B2 LEM3£ AGREEMENT WITH THE COLLIER COUNTY FAIR AND AGRICULTURAL ~'::I_'00 IT ION , INC. - APPROVED WITH ADDITIONAL LANGUAGE Public Works Administrator Archibald stated that this is to con- siÙ0r a lease with the County Fair Board thAt addresses a piecc of ~rf)perty on Immokalee Road that was donated by Orange tree Development. He noted that the lease agreement is fairly standard and covers a serics of items that include i~provemenls undertaken by the Fair Board, insurance clauses, llability clauscs, default clauses as well as provisions for utilities and joint USE. 1Ie :1otcd that the term of the lease is for 50 years and there is nc termination clause cxccpt for the default provision. He stated that the best use of this pro- perty would be fer a fair grounds, addinç that the total acrcage is 40 acres with the County retaining 15 acres to be used by the Florida Extension Services. Commissioner ~istor questioned why t~e lease 15 for 50 years and not 99 years? Mr. Bill Hill, President of the Fair Board, stated that he does not kn~' how the l¿ase ended up as a 50-year lease as h~ was trying for a 99-year lease. He stated that the fair Board offers 5 service that is getting more difficult to find, which is a family use type service that represents all segments of the community. He ,Itated that they work hard and plan on continuing to work hard. He note~ hat this is a no loss situation for the County, adding that they ale planning to improve the grounds throughout the year and the more they Page 10 ~oo~ ODD r~'! 1.9 a01l_ OD!) ~:'.: 20 November 10, 1986 improve the property the better it is for the County. Commissioner Pistor stated that if buildings are going to be built for a permanent use and the grounds improved which is for the good of all the people in Collier Ccunty, then the lea~e should not be ter- minated in 50 years. Mr. Hill stated that he has visited many cOllnty fairs and the 99- year lease is a standard lease which is why they asked for such. Tape '3 Mr. George Keller stated that he feels that 50 years is long enough as there is no tellin~ what will happen in that area in the next 50 years. County Manager Lusk stat~d that he would request that this item be r.ontinued for two weeks as t~is property came to the County in a legal settlement and there may be 30me problems in the contract and he would not want the Fair Board to start anything until everything has been resolved. Mr. Hill stat~d that thc, have waited long enough and the Fair Board's credibility has been established and if there is something tn~t cannot be settled, he would not hold the County to the lcase. Mr. Lusk stated that it could be approved this date, but the Chairman could be authorized to cxecute the lcase in two wcck~ after the County Attorney authoriz~s it. Commissioner Pistor stat~d that Mr. Hill would not holt the County to the lease and if thcrc wa:3 a prc'blem, the lease would be ;::ancelled Page 11 - - - ',. I . , . . I . . . ,. ! ~ I t ¡ f f f \ I . > f I ! f . , . '.' : I' .' '.. . , :. I . ..- . ," r ! J . . Novcmbcr 10, 1986 along with the deed. Commissioner Voss moved,. seconðed by Commissioner Hasse, that the Board confirm the lease agrIJement for 99 years with the proviso that if there is any legal ðitri,:ulty with regarðs to the county owning the property, the lease would bn cancelled. 'County Attorney Cuyler Bt~ted that he would prefer to find out what difficulties thcre are before the BOdrd makcs such a decision. He 8t"tl~d that for the prot.?ction of the E"air Board and thc County, he would prefer to wait two we,~ks to be surc that evcrything has been set tled. Commissioner Voss withðcew his motion Anð Commissioner Hasse ¡ f I withdrew his second. Commissioner Pistor stated that the lcase ð9recment would be con- tinued for two weeks. *** Later in the meeting County Attorney Cuylcr statcd that hc was under the impression that there were some problems with the acquisi- tion of the property, but has sincc found out that the County has the deed to the property and under thcse circumstances, he has no problems .~ith the Board of County Ccmmissioners approving the lease with the additional language inserted that would indicate that the ),ease rights are being required by the County pursuant to the PUD ana if the pro- perty rights are affected, the County has the right to terJninate the lease. He stated that the other problcms with the Develo[:,er will be worked out, but he would like to be able to insert the addi~ional Page 12 t { f . ¡ r i &or ~ 090 r:,:! 21 . " , , ,I ~ '". ¡! ,': ~ .. . ..' ¡ -- " ;' &ODK 099 ~-:r 22 November 10, 1986 language in proper form if the Board approves this 18ase. Commissioner Voss moved, seconded by Commissioner Hasse and carried unanimously, that t~e LeAse Agreement with the Collier County Fair and Agricultural Exposltion, Inc. be approved with the County 1\ttorney inserting addition.ll langu~ge as previously stated above. frlrlr NJTE: »:)cuœnt not received in Clerk to Board Office as of 12/1/86. *frlr Page 13 - - - -- -""'- ~.... - -- -- t , f ¡ j J I I ! , I , ¡ t - .. - November 10, 1986 Added Item PLAQUES PRESENTED TO COMMISSIONER VOSS AND COMMISSIONER HOLLAND Commissioncr Pistor prese'nted Ð plaque to CommIssioner Voss and Commissioner Holland for their dedicated servIce over the past four years ðS Commissioners. Commis~ioner Hollðnd indicated thðt he hðs enjoyed the opportunity to serve the County ðnd look~ forward to the County progressing. Col. Beebe read a letter from the Lakc~lood Civic Association exprcssing their appreciatiorl to Commiss' oner Voss for the f inc job he has done as a Commissioner dLring the past four years. Commissioner Voss stated that it has been a pleasure and he will I"iss it. ***** Recess: 10:20 A.M. - Reoonvened: 10:30 A.M. ****** Item '7Bl RJ:nOLUTION 86-219 RE PETITIO~' PU-85-17C, RICHARD HENDERr,ONG, REPRESENTING COLLIER DEVELOPIt:ENT CORPOR1\TION REQUESTING A PROVISIONAL USE EXTENSION FOR SEWAGE TREITMENT PLANT FOR RIVER REACH - ADOPTED Planning/Zoning DirectQr McKim statcd that a lettcr from Collier Development Corporation was received requesting a provi3ional use extension for a sewage tr~atrrent plant for River Reach as this project had been delayed due to court proceedings. Commissioner Voss moved, seconded by Commissioner Hasse and carried unanimously, that Re!olution 86-219 re Petition PU-8S- -c, Collier Development Corporat; on re~'Uesting ,a provisional use ex.;:.~~ Jion tor a sewage treatment plant tor River Reaoh be adopted. MOK 099 p~'12:J Page 14 - --- _.- '--_.~.._- I' I: I, I: f ¡ ! ,I I: , t i . ¡ aOOK 09D l>yf 26 Novcmber 10, 1986 Item '7D2 RESOLUTION 86-220 RE REHEARIN] ON PETITION PU-86-8C, WILSON, MILLER, BARTON, SOLL, , PEEK, INC. RE~RESENTING COLLIER DEVELOPMENT CORP., REQUESTING PROVISIONAL USE FO::t A PSYCHIATRIC HOSPITAL NORTH OF IMMOKALEE ROAD - ÄDOPTED Planning/Zoning Director 11cKim stated that th is is a rchear ing for a provisional use request for a psychiatric hospital 1/4 mile north of Immokalee Road, 1/4 mile east of US-41, south of the Cocohatchee River anð west of the Scaboard Coast.line Railroad right-of-way. She noted that all neighbor ing propert iE:S are zoned A-2 and A-2 "ST" and are undeveloped. She indicated ~tat Staff r0vicwed this petition and have no objection to its approval ~ubject to Staff stipulations. She indi- cated that the CCPC held the:! public hearing and recommended approval subject to the deletion of Stipulation "J". She indicated that the continuance for this petition was bðscd upon receiving a Certificate of Need which has still not becn rcceivcd at this time. Commissioner Pistor statc¿ that Stipulation "J" rcfers to a 25 foot right-of-way along the nc,rth side of Immokalee Road for future roadway widening rmd questione:d why it is bcing dcleted, to ....hich Public Works Adminjstrator Arc:hibald stated that Immokalee Road 4-laning design is in the proc:ess and within the next 6 to 9 months, it will be determined as to what right-of-way is actually neeJ, i ~nd the Petitioner has Indicated that he will work with the County iI, ~hat time. Mr. A. W. Bancroft representing the Charter Glade Hospital, stated tha~ there has been no Certificate of Necd obtained at this time and Page 15 .. - - -- -- -- ,-- - - ~... ----""""'" -..- - - - t I 1 November 10, 1986 there are still excessive be¿s that exist now, Commissioner Pistor stated that he looked int0 this matter and the i I ! } , I f 1 : , " i I f t Tape '4 way the County is growing, there is a feeling by the David r~wrencc Medical Center and the Naples Community Hospital that this t,/pe of service is going to be needed. Commissioner Holland staled that if this provisional Uñc ðpproved and the C~rtificate of Need is not obtained, the facility will not open anyway. Commissioner Holland moved, seconded by Commissioner Voss and f ( f i J , t, t I, \ f I f carried unanimously, that Resolution 86-220 re Petition PU-86-8C, rdquesting provisional use for a psychiatric hospital north oE :~mmoJtalee Road be adopted. Page 16 MO( 09Dp~,,; 27 _. .- - ". <II' , '1 I . - .. .. November 10, 1986 Item '7B3 RESOLUTION 86-221 RE PETITION PU-85-22C, BOARD OF COUNTY COMMISSIONERS REQUESTING A PROVISIONAL USE EXTENSION FROM DECEMDER 17, 1996 TO DECEMBER 17, 1987 FOR THE RESOURCE RECOVERY PLANT AT THE NAPLES LANDFILL - ADOPTED 'Planning/Zoning Director ~cKim stated that a provisional use extension is necessary as this provisional usc will expire December 17, 1906, and the request is for a one-year extension, making the expiration date December 17, 19B7. Mr. Bob Krasowski refcrred to Section 13 of the Zoning Code and described what is required for a provisional use petition, noting that the Petitioner did not file all the required paperwork for this provi- sional use. He stated that the original permit did not satisfy all the requirements of the ordin~[ce and to extend the provisional use for another year is only comp~unding thc original issues that were not addressed. Commissioner Pistor statej that this provisional use is for part of the landfill which has bee~ approved by the State and also is necessary for the resource re:overy plant, Assistant County Mana1er )orrill stated that there was some question as to whether this provisional use was needed or not, adding that the original provisional use was approved by the Board and this is simply a procedural matter requesting ah extension to that original provisional use. Planner McKim stated that the provisional use has been approved ðnd the ordinance requ~res th,3t it begin within a year and also provi- ~OO( nDD W! 35 Page 17 · ¡ / I ! · , ! I t ~ · t i t t f ,~ tOOK 099 ~'.! 36 -- - 1 rM -~ .. November 10, 1986 des for the ßoard to allow a one year extension which is what the request is, adding that the E'xtension request information is not the 5ðme as the original request information. She stated that an exten- sion request is simply a letter requesting thòt the Board approve an extension. Mr. Chester Dobeck stated that he would like to see the Board enforce tne mandatory trash collection, to which Comm~ssioner Pistor stated that a mandatory trash collection ordinance has not been passed at this time but ,¡ill be cOMing forth in the future. He stated that as far as materials for Jurning at the resource recovE,ry plant, the County is looking into mi1ing the present landfill to get rid of a pollution problem that exists. Mr. Curt Mitchell indicat~d that his prGperty is one-half mile north of the landfill, adding that he has a tree farm that he is very concerned about as incinerator emission may damage those trees. He stated that this information .s required on a provisional use to show that this will not cause any detrimental effects to the community. He questioned what information hils been submitted addressing this issue? Commissioner Pistor stated that he has a copy of a report on the plant that is going to be built that will show that the plant will have no detrimental effect on Mr. Mitchell's trees. County Manager Lusk stated that this is simply a routine extension for the landfill and has nothing to do with the resource recovery plant. - - Page 18 - - .. .. \ , ¡ , ¡ , 1 ¡ ¡ 1 I I , 1 ! I I I ! , I I 1 ¡ . ! I ¡ I ¡ ! I ~ j J ! November 10, 19B6 ~r. John Keschl questionef1 if additional studies will be made if this provisional use is grant,~d, to which Commissioner Pislor replied affirmatively, adding that th~ County is required to continue making studies and assured him that ':he plant would not run until the County has complied with all requirements. commissioner Voss moved, :Jeconded by Commissioner Goodnight, that Resolution 86-221 re Petition PU-9S-22C, requesting a provisional usa extension from December 17,1')86, to December 17,1987, for the land- fill be adopted. Mr. Mike Zewalk question~j jf there is any plant close enough that could be compared with what C)llier County is gong to build, to Hhich County Manager Lusk stated th3t the closest one is the Erie plant, but it is not yet underway. Tape '5 Commissioner Holland stated he still has a lot of queßtions regarding this matter and if there is a 20% differential in revenue, it is going to cort the people of this County, He stated that the landfill is also sitting over a brackish aquifer which could become polluted. Upon call Cor the question, the motion carried ~/1, (Commissioner Holland opposed). Commissioner Pistor indicated that with regaL'ds to this item, he would like to see Mr. Humphr~y and Dr. Stokes reappointed to the Solid Waste Advisory Committee as their term expired in June. Page 19 eoo( 099 W,< 37 , &lO( 09n w'~ 38 November 10, 1986 Commissioner Holland stated that he feels that Dr. Stokes has a conflict of interest. Commissioner Voss moveð, that Mr. Jack Humphrey and Dr. Charles Stokes be reappointed to the Solid Waste 1\dvisory Committee. County Attorney Cuyler stated that this item was not advertised on the agenda and, therefore, should not be voted on this date, adding that he would suggest that t1is matter be pl~ced on next week's agenda. Commissioner Voss withdraw his motion. See Pages ~ ~7 . Item f9Al BID '86-1022 FOR LABORATORY 9ERVICES FOR ENVIRONMENTAL SCIENCE AND POLLUTION CONTROL DEPARTMENT - AWARDED TO THORNTON LABORATORIES IN THE AMOUNT OF $124,167.00 Legal notice having been published in the Naples Daily News on September 17, 1986, as evide1ced by Affidavit of Publication filed with the Clerk, biùs were re:eived for Bid #86-1022 for laboratory services for the Environm~nt~l Science and Pollution Control Department until 2:30 P.M., l)cLober 1, 1986. Mr. Bill Lorenz, Environ~ental Science and Pollution Control Director, stated that this i3 a recommendation to award Bid #86-1022 to Thornton Laboratories for the pollution cnntrol program. He noted that this is needed for the :>ludge and pollution complaints, adding that invitations were sent to 18 vendors and bids were received from 5 of those vendors. He stated that ~he bids considered estimated total annual cost for all paramete's, priority parameter costs, shipping Page 20 .. - .. - - --- __ _-r - - .. November 10, 1986 I " costs, ðnd extra charges for weekend analyses. He stated that Thornton Laboratories in Tam~a, Florida, was the overall low bidder. Commissioner Voss moved, seconded by Commissioner Holland and carried unanimously, that Bid '86-1022 tor laboratory services tor the Environmental Science and Pollution Control Department be awarded to Thornton Leboratorie3, Inc. in the amount ot $124,167. Item UBI í r r " . . f ¡ I BOX CULVER~ STRUCTURE - AWARDED TO OLSON PRECAST IN AMOUNT OF $33,984 AND EQUIPMENT AND MANPOWER RESOURCES ACCEPTED FROM APAC-FLORIDA, INC. RE BRIDGB REPLACEMENT ON aOLDEN GATE BLVD. Public Works AdministratJr Archibald stated that this request is to continue with efforts to replace the bridge on Golden Gate Blvd., which is one mile east of C.~. 95l. He stated that it is proposed that the bridge be replaced ~ith two precast box culvert units so that the replacement can be done in the shortest period of time. He stated that four proposals were rec,~ived and the low bid was Olson Precast. He stated that this work cc~ld commence in the early part of January. He stated that the equipment and labor will be supplied by APAC-Florida, Inc. and upon completion, the Road and Bridge Department will build the road approaches and the road segment going over the bridge. Commissioner Hasse stated that the roads in Golden Gate Estates are not standing up to what they should and questioned if any of the trucks are liable for tearing up the roads, to which Public Works Administrator Archibald stated that the tr'ucks conform to state statu- eoo( 099 W·1 39 Page 21 . f' &OCK 099 r:q 40 November 10, 1986 tes and, therefore, can use the roads. Commissioner Holland moved, seconded by commissioner Voss and carrie4 unanimously, that the Box Culvert structure be awarded to Olson Precast in the amount ot $33,984 and that the equipment and manpower resources be accepted from ~P~C-Florida, Inc. tor the bridge replace- ment on Golden Gate Boulevard. Item f9Fl REPORT ON IMPROVEMENT REVENUE REFUNDING BONDS - CONTINUED TO 11/18/86 County Manager Lusk ~ated that this is with regards to the last of the thrce refundings and he is requesting that this itcm be con- tinued to November 18, 1986. Item f9Cl JUVENILE JUSTICE AND DELINQUENCY PREVENTION GRANT - ACCEPTED Cynthia Conners, Youth Guidance Director, stated that she is requesting authorization for the Chairman to sign the Certification of Acceptance of the Subgrant Award for 1986-87. Commissioner Voss moved, seconded by Commissioner Hasse and oarrie4 unanimously, that that the Certification of 1\cceptance of the Juvenile Justioe and Delinquency Prevention Grant be executed. Page 22 J - - - -- . ¡ ! I j t t I I I aoÞ( 09D w.£ 42 November 10, 1986 Tape '6 Item '10A EMERGENCY ORDINANCE 86-76 AMENDING ORDINANCE 85-51 RE COLLIER COUNTY PLANNING COMMISSION VOTE REQUIREMENTS - ADOPTED County Attorney Cuyler stated that this is an emergency ordinance to amend Section Five (b) of Ordinance 85-51 which provides for a for- mal recommendation to be forw~rded to the !3oard of County Commissioners, adding that this ordinance also has a section dealing with retrospective and prospective application; conflict and severabi- lity; and provides for a., effective date. He stated that it is necessary that the Commission waive notice of intent to consIder this ordinance by a 4/5ths vote. Commissioner Voss mov~d, seconded by Commissioner Goodnight and carried unanimously, that the notice ot intent to consider this ordinance be waived. i' County Attorney Cuyler stated that this matter was brought up because of the Collier petition, adding that previously the CCPC has voted by a simple majority if there has been a quorum present. He stated that after checking into various petitions that have been approved by the CCPC, it has been the intent to make recommendations for approval or denial by a simple majority and therefore, the ordi- nance needs to be changed to reflect same. He stated that the pre- vious Ordinance 85-51, did not reflect the fact that there must be five members present to constitute a quorum, but out of those five members, only a sim~le majority vote is needed. He indicated that ,~ ~ Page 23 - - - , , ';. . . . . . . . . . I '. . I,' " . .. . " I ~ . ,. __ t . - .. .. November 10, 1986 based on the previous ordinance, the recommendation that was made could not be consldered as a formal recommendation of the CCPC and it is the intent of the Boar~ to accept every recommendation as a formal recommendation irregardless of the vote. He stated that this has hap- pened on previous petitions, but the ~ituation became known when the vote was taken on the Collier petitions. Commissioner Pistor stated that previously the Board has con- sidered items that have oee1 denied by the CCPC and when the Board heard them, they were approJed. He noted that this is the first time this issue has come up and in order to resolve the matter on previ0us petitions, the Board of Cou1ty Commissioners could adopt this emergency ordinance to clarify the matter. Planner McKim stated th3t in the past a simple majority vote has been forwarded to the Board as long as a quorum has been present. Mr. George Keller, repr~senting Collier County Civic Federation, stated that the ordinance t1at was in effect should be upheld the way it was written. Commissioner Hollðnd st'3ted thðt if it is upheld the wðy it was written, there would be problems with previous petitions as well as the Collier petition, addin~ that the ordinance has been violated unintentionally since it wa:i first written and it has now been brought to the attention of the Board to rectify. County Attorney Cuyler Btated that thi.s recommendation comes from his legal department, addin( that at the present time, there is a Page 24 ~OD~ 09gfn13 I ¡ . ¡ " l' :..-'" ,. . . . 1 aOOK OH9PJ<:t 44 November 10, 1986 defect in the ordinance thðt the Board needs to take action on. Commissioner Voss moved, E,eoonded by Commissioner Goodnight and carried 4/1, (Commissioner Ha,se opposed), that Émergency Ordinance 86-76 amending Ordinance 85-51 vhioh establi~hed the Collier County Planning Commission be adopteð and entered into Ordinance Book '25: ORDI~ANCE NO. 86-76 AN EMERGENCY ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 85-51 WHICH ESTABLISHED THE COLLIER COUNTY PLANNING COMMISSION; AMENDING SECTION FIVE (b) TO PROVIDE THÄT Ä MAJORITY VOTE OF AT LEAST 5 VOTING MEMBERS CHALL BE NECESSARY IN ORDER TO FORWÄRD Ä FORMAL RECOMMENDÄTION TO THE BOARD OF COUNTY COMMIS- SIONERS; PROVIDING FOR PROSPECTIVE AND RETROSPECTIVE APPLICATION; RATIFYING PRIOR PLANNING COMMISSION RECOMMENDATIONS: PROVIDING FOR CONFLICT AND SEVERABI- LITY1 PROVIDING FOR DECLARATION OF EMERGENCY AND PRO- VIDING 1\N EFFECTIVE DATE. Item 1111\ ROUTINE BILLS - 1\PPROVED FOR PAYMENT Pursuant to Resolution 81-L50, the following checks were issued through Friday, November 7, 1986, in payment of routine bills: CHECK DESCRIP~ION !:HECK NOS. 150817 - 151089 AMOUNT $2,200,275.81 Vendors Item fllD BUDGET AMENDMENTS 1(-25/31 - AI~PTED commissioner GocH1night movnd, seconded by Commissioner Holland and carried unanimously, that Budgft Amendment 86-27 be adopted. Commissioner Voss moved, sfconded by Commissioner Goodnight and. carried unanimously, that Budgflt Amendments 86-25/26 and 86-28/31 be adopted. Page 25 - - #" . - , . :' . .' . þ " . . I . . :. : ¡ '. ... " . '" - .. .. November 10, 1986 Item tllB P1\YMENT OF $44,595.89 TO SUN ßANK FOR THE TRUSTEE OF THE $76,600,000 V1\RIABLE R1\TE BONDS - AUTHORI3ED Clerk Giles indicated tha~ the Trustee for the $76,600,000 Variable Rate Bonds was Sun Bank and they have presented a bill in the amo~nt of $44,595.89 which consists of $15,320 for Management Fees; $l9,150 for Annual Fees; $5,9:33.16 for Legal and Out-of-Pocket Fees; and $4,142.73 for Signature Company Fee reimbursement. Commissioner Holland move.1, seconded by Commissioner Hasse and carried unanimously, that the payment ot $44,595.89 to Sun Bnnk tor the Trustee ot the $76,600,00) variable rate bonds be authorized. Item '121\ COMMISSIONER GOODNIGHT TO TR1\VEL TO NACO AGRICULTURE AND RUR1\L AFFAIRS TASK FORCE HEETING IN DENVER, COLOR1\DO ON DECEMBER 18, 1986 Commissioner Pistor state,j that Commissioner Goodnight serves on this steering committee and i3 requesting permission to attend this meeting. Commissioner Hollanð move'1, sec"nc1ed by Commissioner Voss and carried unanimously, that commissioner Goodnight be allowed to attend the NACO 1\griculture and Rural 1\ffairs Task Force Meeting in Denver, Colorado on December 18, 1986. Item tl2B 1\CCEPTANCE OF PROPERTY FOR NOaTH NAPLES WATER TREATMENT PLANT - CONT'D Commissioner Pistor stated tha~ this i~em would be continued for a week or two as the County cannot accept the deed without the proper signature and the individual is out of town at this time. Page 26 &DO( 099 Þ~'.¡ 45 l ~ ! '"." î ! ( 1 ¡ &OIlK Ogg W~ 46 November 10, 1986 Item '12C RESUMES TO BE SUBMITTED TO ~D BROUG3T BACK TO BCC REGÄRDING ÄPPOINTMENTS TO M1\RCO ISL1\ND BE1\CH RENOURIBHMENT ÄDVISORY BOARD Commissioner Pistor stated that there has been a lot of interest expressed in this advisory board and he is asking that resumes be sub- mitted and brought back to the Board for appointments. He indicated that he is also requesting th3t the County Attorney prepare a b~ach renourishment ordinance for M3rco Island and bring back to the Board of County Commissioners in a :ouple of weeks. Item '12D RESOLUTION 86-222 APPOINTING J~R. EÄRL JOHNSON 1\ND REAPPOINTING MR. CHARLES TURNER TO THE HOUSING PIW1\NCE 1\UTHORITY - ADOPTED commissioner Voss moved, neconded by Commissioner Goodnight and carried unanimously, that that Resolution 86-222 appointing Mr. Earl Johnson and reappointing Mr. Charles Turner to the Housing Finance 1\uthority be adopted. Page 27 - - - '^ '., t 1 ! j 1 ¡ ! ¡ I . , I &OOK 09'9 W,t 48 November 10, 1986 Item U28 STAFF DIRECTED TO PREPARE AN RFP AND OBT~IN PROPOSALS FROM HYDROLOGIST FIRMS REG~RDINQ A SURVEY FOR THE CORAL REEF ~QUIFER Commissioner Pistor stat~d that every time he,sees a map, the Coral Reef Aquifer is in ð differe,t location and he would like to see a survey done defining the exa~t boundaries of this reef, adding that an eastern boundary has never b~en defined. Utilities Administrator '::randall stated chat there is a general location for this reef, but th~re has never been any definite loca- tion, adding that it is a large aquifer and covers many miles and would be best for a geologist to give a preliminary report on this aquifer. He stated that it may be best to go into competitive ne9ú- tiations for something li~e this as it may be very expensive. He noted that the eastern portion of the aquifer needs to be defined as there may be high transivity in that area. He stated that if a preli- minary report is done, it would cost between $10,000 and $20,000 and if ð test well program is started this could cost $200,000. He stated that fot the prelimL.öry report, it would be a matter of gathering information that is already available, and with a preliminary report, the overall cost could be reduced because then an area would be defined that could be used for wellfields. Tape '7 Commissioner Voss moved, seconded by Commissioner Goodnight and carried unanimously, that Stat! be directed to prepare an RFP and obtain proposals trom Hydr,logist tjrms to do a survey to the degree Page 28 '.. .. .. ....' ....... F - - - November 10, 1986 nocessary to tind suitable l1ellfield locations in the Coral Reef aquifer. Item U2F TWO MEMBERS OF STAFF TO ATTBND LAND ~C UISITION MEETING IN T~LL1\H~SßEE . ......,'.. "....ioj,.~ ¡'j, ': .~~""'. ,.)t. . Commissioner Pistor sta~ed that he understood that there was to ~e a meeting in Tallahassee rCl1arding thc St:!te purchasing property on Barefoot Beach, but has sin·:e learned that it is a discussion regarding changing the bounjaries. He stated that instead of two Commissioners attending thi3 meeting, he would like to hðve '~wo staff . representatives attend, ðdding that the meeting will be at 10:00 A.M., November 12, 1986. Item f12G TERMINATION DATE OF CONTRACT WITH UNIVERSITY OF SOUTH FLORIDA CHANGED FROM NOVEMBER 30, 1986 TO D3CEMBER 30, 1986 Commissioner Pistor indlcated that he rcceived a letter from Mr. Menzel of the University of South Florida stating that it would be . difficult to hðvc the final rcport preparcd by November 17, 1986, and would like to have their contract extended to December 30, 1986, instead of November 30, 1986, and possibly be able to have the final report ready the 2nd week of December. Commissioner Voss moved. seconded by Commissioner Goodnight and . carried unanimously, that the termination date of the contract with the University of South FloI'ida be changed' from November 30, 1986, to December 30, 1QS6. Page 29 ~DOK 090 W,j '-9 If, f , t. t ¡ ~' - - - November 10, 1986 Item U2H AD HOC STUDY COMMITTEE RE BINGLE DISTRICT MEMBERSHIP - FORMED WITH 8 MEMBERS Commissioner Pis tor stated that sometime ago, the Board talked about putting together a corrmittee to collect information re~arding the advantðges and disadvantages of single district memberships on the County Commission. He stated that he has talked with people that would be willing to investi~ate this matter so that next March it could be put up for a referendum vote and the people would be made ðware of what they are votirg on. He stated that the committee will be formed with the followins members: ,( Alice Alatalo - Golden Cate Joe Cox - Naple~ Jane Hittler - Marco Island Wade Schroeder - Naples Fred Voss - North Naples Rich Mapes - North Naples John T. Witchger - Immokalee Marion deForest - Naples ..... Commissioner VOSß moved, seconded by Commissioner Goodnight and carried unanimously, that the following items under the Consent Agenda be approved and/or adopted: ..... Item '14Bl BUDGET AMENDMENT ~RANSFERRI~G FUNDS WITHIN FUND 315 FOR CAPIT1\L PROJECTS Item U4B2 PUBLIC WORKS 1\DMINISTRATOR JND REAL PROPERTY MANAGEMENT DIRECTOR 1\UTHORIZED TO SIGN ~ORM DR-219 RE TRANSFER OF INTEREST IN REAL PROPERTY Item U4Cl CONTRACT FOR ONE TIME ONLY J'UNDING CONTRIBUTION TO THE REDLANDS CHRISTIAN MIGRANT 1\SSOCIATIC'N (/ G" _ ".9 See Pages ~ L,_ Page 30 ðOOK 099w,[ 51 ,. , . " , '" ".. ¡DOK 09"9 p~-,r 52 November 10, 1986 Item 'UDl BID '86-1034 FOR CHEMICALS FOR UTILITIES OPERATIONS DEPARTMENT FOR FY 86-87 - AWARDED TO VARIOUS VENDORS Legal notice having bee1 published in the Naples Daily News on October 8, 1986, as evidenc~d by Affidavit of Publication filed with the Clerk, bids were receiv~d for Bid #86-l034 for chemicðl for Utilities Operations Depart~e~t, until 2:30 P.M., October 21, 1986. Item U4D2 BID '86-1035 FOR UTILITIES ANALYTICAL SERVICES AWARDED TO FLOWERS LAB FOR APPROXIMATELY $8,000 Legal notice having bee~ published in the Naples Daily News on October 8, 1986, as cvidencad by Affidavit of Publication filed with the Clerk, bids were receivad for Bid #86-1035 for utilities analyti- cal services until 2:30 P.M., October 21, 1986. Item U4D3 Bid '86-1032 FOR UTILITIES TOOLS AND SUPPLIES AWARDED TO FAYARD H1\RDWARE , SUPPLIES, INC., NOT TO EXCEED $5,000 Legal notice having been published in the Naples Daily News on October 2, 1986, ðS evidenced by Affidavit of Publication filed with the Clerk, bids were received for Bid #86-1031 for Utilities tools and supplies until 2:30 P.M., Cctober 15, 1986. Item 'UEl " ~; GROUNDSREEPER POSITION IN IARRS DEPARTMENT RECLASSIFIED TO MAINTENANCE SUPERVISOR I Pðge 31 - - - .. .. .. November 10, 1986 Item 1401 CERTIFIC1\TES FOR CORRECTION TO T~X ROLL 1986 Tangible Personal Property Nos. 86-l - 86-63 Item f14G Dated lO-28/11-3-86 MISCELLANEOUS CORRESPONDENCJ: - FILED AND/OR REFERRED There being no objecti(ln, the Chair directed that the following correspondence be filed and/~r referred to the various departments as indicated below: l. Public Notice dated 10/30/86 from Dept. of the Army re Permit Application No. 86lPF-20216, Collier County BCC, re East Naples Park. Referred to Neil Dorrill, Kevin O'Donnell and filed. 2. Copy of memorðndum dated 10/28/86 to Tom Beck, Administrator, DRI 2~ctjon, DCA, from Rod Westall, Chief, Bureau of Planning, re Collier DR I, ADA-986-925. Referred to Neil Dorrill, David Pettrow, Cliff Barksdale and filed. 3. Notice to Owner and Notification of Bond, dated lO/28/86, advising that Kraft Const. is furnishing materials for Bldg. "CD of the Governmer.t Complex under an order from Sutter Roofing. Referred to Neil Dorrill, Skip Camp and filed. 4. Copy of letter dateè 10/24/86 to Sheriff Rogers from Florida Dept. of ~orrectionf, Louie L. Wainwright, Secretary, re Inspection Report fcr Collier County Stockade. Filed. 5. Letter dated 10/28/S6 from Van R. Hoofnagle, DER re user charge system C1205S7020 (Step 3) Collier County Treatment Facilities and C120:97030 (Step 3) Collier County Sewers, and enclosing Attacrment VII.0.1, which is a checklist that relates to user charge systems, Attachment VII.03 which is a checklist that r~lates to sewer use ordinance, and an EPA publication. Referred to Nell Dorrill, Bruce Anderson and filed. 6. Construction Grants Pipeline dated 10/15/86 notifying of Fiscal Year 1986 Feèp.rðl Grðnt Awards. Referred to Neil Dorrill, Bruce Anderson, Tom Crðndall and filed. aOOK ()[)!JP~,[ ~~' Pðge 32 ~ 1 } . aODK om) rn 54 Novembcr lO, 1986 7. Memorandum dated 10/29/86 to Affected Agencies and Persons from Karen Anthony, DER HIgh Speed Rail Program Coordinator re High Speed Rail Rules. Referred to N~il Dorrill, Jeff Per ry and filed. 8. Letter dated lO/29/86 from Michael J. Volpe, Chairman, Golden Gate Fire Control and Rescue District, advising of schedule for the regular fire commission meetings for FY 86-87. Filed. 9. Letter dated 10/24/86,frum Marlin P.Seay, Director, Child Support Enforcement, Dept. of HRS, attaching warrant totaling $22.00 for incentive payments for 01/01/86 through 03/32/86 quðrter on child support collections processed on behalf of IV-D AFDC and IV-D Non-AFDC families, and attaching Warrant #4 0705109 and Detailed Incentive Statement. Referred to Jim Giles, with check. xc: Filed. 10. Letter dated 9/30/86 from Jim Chaplin, Manager, 4.6S, Dept. of Housing and Urban Development re Section 8-Existing Free standing Vouchers Project No. FL29-V14l-00l, advising that applicðtion has been npproved and Annual Contribution Contract Authority has been reserved as specified in letter. Referred to Neil DorrilI, David pettrow, Wanda Jones and filed. 11. Memorandum dated 10/28/86 to Interested Persons, from Greg Diehl, Planner, Bureau of State Lands Management, attaching copy of most recent draft of proposed amendments to Chapter l8-21, F.A.C., the Submerged Lands Management Rule, and advising of public heérings. Referred to Neil Dorrill, Dr. Proffitt ~n~ filed. 12. Memorðndum dated 10/2E/86 from Sheriff Rogers attaching check in amount of $942,859.04 representing excess funds from the Sheriff's Office cperating budget for the period 10/01/85 through 09/30/86. Referred to Joe Warren with check. Copy filed. 13. Received 10/31/86 from the Division of State Lands, Notice of Proposed RuJemaking, Rule N~. 18-2, RuJe Title: Management of Uplands owned by the Board of Trustees. Referred to Neil Dorrill, Dr. Proffitt and filed. 14. Letter dated 10/30/86 from Robert L. Patton, Controller, Collier County Tax Collector, attaching a distribution recap showing yeðr to date totals for 1984/85, 1985/86 and 1986/87. Filed. Item U4Hl TRANSFER OF $1,200 FROM THB CONTINGENCY RESERVE TO CLERK TO THE B01\RD TO FUND 1\ M1\IL PICKUP Page 33 - - - T'II_ } - - - November 10, 1986 ..... Reoess: 12:20 P.M. - Reconvened: 1:45 P.M. ..... Item t6B2 U DEVELOPMENT ORDER 86-2 RE PET[TION DRI-8S-1C, AND ORDINANCE 86-77 RE PETITION R-86-14C, WILSO!!, MILLER, B1\RTON, SOLL , PEEK, INC., REPR. COLLIER DEVELOPMENT CORP. REQUESTING A REZONE FRon A-2 AND 1\-2 liST", RMF-6 AND RMF-6 "ST" TO PUD K~OWN AS CDC PUD - ADOPTED Legal notice having been published in the Naples Daily News on September 5, 1986, and October 6, 1986, respectively, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition DRr-85-lC and Petition R-86-14C respec- tively, filed by Wilson, Miller, Barton, Soll & Peek, Inc., repre- senting Collier Development Corporation, rcquesting ð rezone from A-2 and A-2 "ST", RMF-6 and RMF-E uf;T" to PUD to be known as CDC PUD and a Development of Reg~onal Impact consisting of a maximum number of 4,000 dwelling units for property that consists of 1,921 acres and is located south of Thomasson Drive, south and west of US-41 and east of the Naples Bay Intercoastal \-'aterway. Zoning Director McKim st~ted that the purpose of these petitions is to develop a Flanned Unit Development, adding that various zoning districts surroun~ this proposed development. She indicated to the north of the project are low density residential uses; generally single-family and duplexcs; 1.0 the east is commercial ðt the corner of US-4l and Rattlesnnke Hammoc~ Road and Lely's golf course and commer- cial; to the south are g~neréllly undeveloped lands; and to the west across Naples Bay are single--family homes., She noted that staff reviewed these petitions and recom,nended approval subject to the aOOK 099~n 55 Page 34 tOOK 09'9 P1'>t 56 November 10, 1986 recommendations in the staff report dated October 21, 1986. She indi- cðted that the CCPC held thejr public hearing on-October 16, 1986, and unðnimously recommended contjnuing this petition to November 13, 1986, to allow the Petitioner, ColJier County st~ff, and staff of the Southwest Florida Regional PJ~nning Council to resolve several issues which were still in question. She stated that at the public hearing on October 16, 1986, two people spoke in opposition to the petition, expressing environmental concerns, the increased boat traffic on Naples Bay, the inconvenient route to the marina for the gcneral public because of the proposej bridging of Bayshore Drive, and the magnitude of unresolved iSSUC3. She stated that two letters of appro- vðl for this project have bee~ received by the Planning Department ðnd several other letters and phone calls, requesting further information on ::he oroject, ha..: been rec(~ived. She reported that on October 22, 1986, the CCPC held a special meeting to consider a request by the Collier Development Corporation to move the originally scheduled date of November 13, 1986, to an e¿lrlier date and the CCPC unanimously recommended moving their public hearing from November 13, 1986, to Fridðy, November 7, 1986. Sh~ stated that at that meeting, one person spoke against moving the publjc hearing to an earlier date because most winter residents wiJl not be present to voice their opinions. She noted that the Chief of tre East Naples Fire Dcpartment also sp~ke against moving this petition to an earlier date because he needed more time to gather data for his review. She indicated that Staff reviewed Page 35 - - .. -- - - .. November lO, 1986 the changes to the PUD and th(! Development Order and recommended approval, subject to the recor1mendations in the staff report dated November 5, 1986. She noted that at the CCPC public hearing on November 7, 1986, they voted 4/3 to forward these petitions to the Board for approval subject to all of staff's recommendations including the,SWFRPC recommendations. Bhe reported that 17 people spoke opposed t to the project stating environmental concerns for the marina, number and height of hotels and lack of time to review this project. She stated that two people spoke :or the project stating the need for additional boat facilities and the project in general. She noted that she has received a PUD with t,e recommendations of the Planning Council incorporated except fJr five changes that had not been incor- porðted into the PUD and also changes to the master plan that had not been made. She stated th~t th2 Petitioner is in agreement with adding all the changes. She stated that on Page 3-6, Third Paragraph under "B", the 8th line, the word "and" is missing; rage 4-1, Section 4.01 (2), third line from the end of that paragraph should read "200 wet/100 dry slips" to be consistent with their phase-in plan; Page 4-1, Section 4.01 (3A) should have the following under MB: (the eastern most portion of the County area); Pa~e 5-9 h. additional language was added by the County Attorney; Page 6-1 under NRMD, it should simply read the Natural Resources Management Director; and on the Amendment to Utili ties Di visiop Memo dated June 20, 1986, the last sentence on that memo should be struck. She stated that on Exhibit Page 36 ðDO! 099.0:,; 57 .' aoo~ 09'9 PS',: 58 " November 10, 1986 "H" which is the Master Development Plan, "ST" should be added to all interior wetlands which are jesignatcd "Ron as well as the prima area which is also outlined on Exhibit "X" and should· be on the Master Plan as well as that is the bindi~g plan. She stated that with those chðnges, the PUD document is consistent with the Planning Commission's recommendðtion. She stated t~at with regards to the Development Order, the Region has written a letter dated November 6, 1986, outlining the issues that they found not to be consistent with their recommendations. She stated that these recommendations are signifi- cant ðnd could lead to an ðppeal of that Development Order. She stðted that she also received a letter dated November 10, 1986, from the Department of Community Affairs (DCA) with significant concerns regarding the Development Order. She noted that the Development Order does have language as recommended by Staff, but that Development Order will be reviewed ~y both SWFRPC and DCA for consistency with their regulations and policies, adding that if it is found not to be con- sistent they will appeal the Development Order. She stated that she also received correspondence from Mr. James Elkins opposing this deve- lopment claiming of overuse ~f the area which will decrease the quality of life in the areð. Dr. Proffitt, Natural Resources Management Director, stated that he reviewed the quantitative monitoring plan and how it will be tied to project phasing of the marina. He stated that the two prime com- ponents deal with the marina and with the Water Management District #6 Page 37 "" - - .... .. .. fa November 10, 1986 improvements. He stated that: ¡:re-construction monitoring will be con- ducted for a minimum of one ~'ear and then the data will be compiled and analyzed along with any fJupporting evidence to answer certain questions in a supplemental J~nvironmental Impact Statement (EIS) that was previously approved by the Board of County Commissioners. He stated that this, along with the language in the PUD, helps to ~ssure thðt any approvðl in ecologiçally sensitive Dreas is only conceptual in nature as far as the land use is concerned, adding that they have to demonstrate that the acti/ities will not harm the natural res?urces of the area prior to giving 3ny site specific approval for construc- tion. He noted that the marina site, estuary sites and Dollar Bay will be monitored for changes in grain size, organic content, copper, lead, mercury, and possibly tin, as well as pesticides and oil and grease. He noted that water quality will also be looked at for dissolved oxygen, salinity, temperature, nutrients, color form, bac- teria and copper, lead, mercury and tin, if feasible. He stated that the estuary bottom communities will also be looked at. Tape f8 Dr. Proffitt stated thðt mangroves would be looked at for tree cropisition, size frequency, net primary productivity, and export of organics to the estuary. Dr. Proffitt stated for ,)istrict #6 improvements, monitoring will be included for sediment samples i~ the LeJy canal and spreader water- way for the previous parametars that were mentioned for the marina Page 38 bDO~ 099 w.: 59 - aOaK 099 p~r,£ 60 Novcmber 10, 1986 area, adding that it will also include monitoring of the soft and hard bottom estuarine communities at the mouth of the Lely canal. He stðted that the marina related monitoring will oécur in each of the first 16 yeðrs with ðnnual reviews of the data and five-year reviews for their phase-in plans. He noted that the District #6 monitoring will occur over the 20-years build-out of the project. Mr. Roy Cawley, representing Collier Development Corporation, stated that the plan that was in the ^pplication for Development Approval had several important r.omponents, adding that one was the addressing of the Lely outfall canal. He stated that this has been an issue for yeðrs and part of the concept was to create a spreader waterwðy system. He stated that another significant component of the project is the realignment of Rattlesnake Hammock Road which will remove an intersection. He 3tated that another component was the uti- lity site which was programm'~c' in, but has since been decided that it is not needed. He refer rea ~o an overhead map indicating the location of the golf course, the residential area, and a major yacht facility. He reported that from that p~an, which was the initial plan, it was determined that there were several problems; one being the development of golf course holes in residential communities. He stated that in consideration of that, all development was moved up to a more designated development area. He stated that in conjunction with this, it was agreed that all areas inbetween the fairways would be left iB a natural state instead of bE,ing selectively cleared. He stated that Page 39 - - .. ) ,'~ - - ~ November 10, 1986 he a1eo ðgreed to tðke the residential communities out of the interior island and agreed to the concept of phðse-in of the marina with only the initial 200 slips being put in. He stated that the Yacht Club would no longer be such and would simply be a harbor master facility that would service the boat:) that came into the area as well as fuel fðci1ities for the boats th,lt would be using that particular waterway. He štated that this ðl10wed them to preserve some of the uplands and took away the intensive use:3 that residential could create on this particular island. He stat~d that from that concept, they went to the concept that is presently bl~ing presented this date for approval. He stated thðt with the removal of the treatment facility and keeping in mind the Fire Department and the School Board's concerns, the project was redesigned creating a s,:hool site and fire station site with ready access to Thomasson Drive. He stated that he believes that this has been accepted by those boards. He noted that in addition, the canal WðS redesigned tc go straight through the preserves. He stated that they agreed to take the marina and make it a 50\ public facility. He indicated that they have ag=eed to dedicate 540 acres of 1ðnd that would go into preserve and be conveyed to the Department of Natural Resources, which would be p,lrt of Rookery Bay. He noted that they agreed to the monitoring pl~n to determine if there are any negatives effects occurring and what ,:an be done with them. Commissioner Voss questioned how anyone would get to the island, to which Mr. Cawley stated that there will' be a bridge as well as ðDItK 09n Pt'.! 61 Page 40 I', \ .00« om) p,-:: 62 November 10, 1986 parking facilities, which will also be a four-lane road. Mr. George Hermanson of Hole, Montes & Associates, stated that his firm is handling the water rranagement and drainage aspects of this project. He stated that there are two concepts behind the water mana- gement system, ðddlng that the first is th~ on-site or project rolated improvements. He stated that this is designed in accordance with all the criteria established by the County and the Water Management District and utilizes on-site retention of stormwater, limiting of discharges to pre-development levp.ls and will go through full per- mitting. He stated that the other aspect relates to the off-site and Lely watershed improvements. He stated that Water Management District #6 was created in 1966 for fJrthor study and to set guidelines as to how development was to occur. He stated that the project represents the outfall of the greater pJrtion of the District #6 area, adding that the largest watershed i, District #6 is the Lely watershed. He stated that this watershed is to a great extent developed at this time. He stated that there 3re a number of low lying areas that have cðused a number of problems. He stated that due to the restricted flow of the water through th~ Lely canal, which acts as the outfall, it has caused a lot of flooding problems in the Lely area. He noted that another problem that has been caused is the discharge into Dollar Bay with no control which has created an impulse of water into the Dollar Bay and the fringes of the H00kery Bay area. He stated that in the development of this proj ~ct a certain number of improvements tha.t Page 41 - .. - -",- .. .. ~ November 10, 1986 are slated for thðt outfall will be implemented. He noted that the cðnal facility from U.S. 41 to the lower reaches of the project will be improved and the spreader waterway will be created which will allow the passage of flood waters through the project when they occur and, at the sðme time, the creation of the spreader waterway would intercept all'the flow coming down the Lely cðnðl and spreðd it over ðpproxima- tely 8,000 feet of fringe area. He stated that it would help the pro- ject in terms of mitigating impacts on the run-off of the project, and also for 8 or 9 square miles north of that. He stated that this is the major feature of the project, adding that it represents a real asset for the project. He n~ted that part of the proposal for the project would be a creati~n ~f a smaller flow Hay which would extend along the western portion of the large east tract which would help the flooding problems of the Kelly Road area. Mr. Tom Missimer of Missimer & Associates, stated that they looked at information collected on 1ydrogeology and water quality within the general area of the Lely Basin and the area surrounding it. He stated thðt they conducted an exten3ive inventory of all the existing wells that could be found within ð few miles of the area. He noted that all this information gðve him th~ basis for beginning his assessment of impacts on the site. He sta~ed that they did a site specific investi- gation of the area and they looked closely at the geology and the aquifer systems and asses~ed the freshwater resources on the site. He stated thðt 18 test wells were drilled ðt various locations throughout Page 42 &(D~ ()~!)p~(! ()~ ~ 'j J aoaK 099 P~"[ 64 November 10, 1986 the entire DRI site. He note·j that in construction of those l8 wells, he mapped the detail geology, measured the watcr quality and the posi- tion of the saline freshwater interface which underlies this ðrea, characterized all the aquifer systems down to a depth of 100 feet ðpproximately, measured the background water quality of the wells, the nutrients, the dissolved chlorides, salinity and temperature. He stated that the surface water. quality was meúsured at various loca- tions and that information wa!l compiled into the ADA document. He noted that the amount of infolmation provided in this ADA document is more thðn any other that he h~s ever worked on in Collier County. He stated that they looked at polential impacts of the land uses, golf course, water use on the golf course, how it could effect the ground- water system and the position of the saline freshwater interface. He stðted that ð computer model ~ðS ~onstructed ~nd did the standðrd hydraulic analysis showing the drawdowns for various types of wells and depths. He stated that they also looked at how much water would be required for the golf courses pr"posed and decided that the reuse of wastewater would be a good idea and they looked at the proposed impact of th3t. He noted that an analysis was done of how the nutrients of potential pollutants that enter a golf course would be transported through the ground~ater system, adding that when a golf course is irrigated with waste~ater or just irrigated and then fer- tilizer is added, approximatel{ 97~ of the nitrates are ðbsorbed into the groundwater system and cO~/erted into various compounds by bac- . Page 43 .. - .. 1 .. .. .. November 10, 1986 teria in the soils, which would then have to be transported through the ground, into the lake system, and into the spreader waterway. He stated that if the nutr ients ,:;ould get through this system, it would still hðve to pðSS through th~ mangrove fringe before it could ever enter into any tidal wðter bo,:3y. Tap!t f9 Dr. Eric Heald, Ecologist of Tropical Biolndustries, said that his interest is in wet1ðnd ec)logy with ð speciðl interest in coastal mðngrove systems. He stated that he :,s familiar with Collier County ðnd his primary task of this ?roject was to process a resource inven- tory of the property which in~olved a mapping. He stated th~t another task was to define the limits of wetland systems and physically mark them in the fields to determi~e the jurisdictional limits for DER and the Corps of Engineers. He stated that he spent in excess of 100 days in the field, adding that he ~laced ribbons in excess of 16 lineal miles. He stðted that he was involved in the first phases of the pro- ject as he produced a baselin~ resource map which was used for land planning purposes. He stated that he was involved in making decisions on land planning and what shoy1d be preserved. He stated that they have tried to reduce the impa,:ts on the natural systems to an absolute minimum. He noted that the eastern parcel is the major portion of the tract in terms of acreage and represents a mosaic of vegetational nðtural communities ranging f~om hjgh scruþ pine lands through pine lands wIth saw palmetto understories and pine lands with grass aoo( 09D p~~r 65 Page 44 · -........,,' lOOK 09'9 w,t 66 November 10, 1986 underetories with slightly l~wer ~levðtions down through extensive mðrsh systems. He stated th3t the Lely canal is-a major feature of this property and has had the effect of over drainage which shor- tens the hydroperiod of the ~etland areas and reduces the summertime flood levels. He stated tha~ the cypress areas show distinct signs of over drainage to the extent that exotic plðnts are beginning to enter these ðrea in considerable nJmbers. He stated that what is known as the Naples Mðnor canal drain3 the marsh to undesirable low levels very early in the dry season and ~ control structure will be placed in that canal to extend the hydroperiod of the marsh. He stated that an important feature of the eas~ern parcel is a spreader waterway system with ð split, adding that wa~er will be retained on site and, there- fore, water leaving that spr(?ader waterway should be of excellent quali ty. He stated that the western portion of the project, which is referred to as tne marina site, contains a high upland ridge, pine land and some scrub oaJ: that separates a freshwater marsh system from a mangrove sloug~. He stated that in design and placement of the marina bay and channels, he concentrated on keeping wetland losses to an absolute minimum. He referr~d to an overhead map indicating a loca- tion that would be appropriate to cross to gain access to the marina site. He noted that pelicans use the mangrove area a great deal, which does not disturb him at all oecðuse the mangroves will not be disturbed and are not close to the marina. Mr. Mike Stephens of Coastal Engineering, stated that they were PagE: 45 .. .. .. "'~"~"- - - III November 10, 1986 contacted to evaluate the corcept of a marina facility in conjunction with the development of the 2,000 acres. He stated that the locðtion of the marina is adjacent to a large deep water canal, is in proximity to the general population and the proposed growth, contains adequate uplands for support facilities and services and has op~ortunity for future expansion over the life of the project, has good ðccess to the interior roðds and the rest of the County, and is close to existing deep water navigable channels marked and maintained by the Federal Government. He stated that t1ese factors as well as others were com- pared to 7 or 8 areas in Collier County including Port of the ISlands, Goodland, Big Caxambas Pass a~e~, Big Marco, Isle of Capri, Dollar Bay, Lower Naples Bay, Upper I~aples Bay, and Wiggins Pass. He stated that if these properties were evaluated and ranked, this property is the best location for a boating facility. He stated that extensive research was done on boat tra~fic for Collier County and the figures project a 68% growth rate in boating in Collier County over the next 20 to 25 years, bringing the ':otal boats In Collier County from thû current 9,000 to L~out 16,000 or 17,000 vessels. He stated that if the growth projected by the DNR and the birth projected is used, there will still be a large unsatis:ied demand for boaters. He stated that in permitting and approving ð marina facility, one of the biggest problems and one of the first and most significant questions thðt is asked is whether the mar ina b,ssin will circulate and flush water, adding that they did a variet·{ of field studies on this and also did a &OOK 099 W,! 67 Page 46 1001( 099 P£'.£ 68 November 10, 1986 marine survey throughout the area of interest. He noted that tide gauges were recorded to dete~mine the overall tidal characteristics of the existing channels as welL as conducting current metcr velocity studies to determine the cirçulation potential driven by the tidal currents. Tape 110 Mr. Stephens stðted that water samples, sediment samples ðnd borings were done in the Bay ðrea. He stated that as a result of the studies, it was determined t~at circulation was v~ry good. He noted that based on the studies it was determined that t~e channel possessed ð strong likelihood of circulating the entire water mass in less than 24 hours. He gave a slide presentation showing the field dye study thðt was conducted to document the circulation. ...*. Reoess: 3:25 P.M. - Reconvened: 3:35 P.M. ...** Dr. Coe van Derkreeke, professor of m~rine physicist at University of Miami, stated ~hat he participated in the Naples Bay study a few years ago. He sta~ed that he reviewed the flushing study and he agrees with the findings that the marina area will flush within 18 hours, adding that the details of his evaluation can be found in his report, anò in addition to the marina flushing, he was asked to eva- luate the cumulative effects of the proposed marina on copper con- centrations in Naples Bay, Gordon Pass, and Dollar Bay, with the conclusion being that there is an increase in copper concentration o~ less than 5 parts per billion, which is less than the State standards. P"'ge 47 - - .. ~",,,.,,.,,.,,.,,,,,.- · - .. .. November 10, 1986 He stated that there would be no adverse pollutant effects from this marina. Dr. Eugene Corcorðn froff the University of Miami, stðted that he has been dealing with organics and trace metals in sea water for the past 30 yeðrs. He stated that of ðll the trace metals that have been measured, the copper content has received the greatest attention. He noted that copper is an indispensable element for the biology of sea water. He stated that muscles and barnacleG need copper and it has also been used as an algðcide to keep barnacles from forming on the bottom of boats. Dr. Larry Brand from University of Miami, stated that if there is too much copper in the sea water, in the amount of 300 to 3,000 parts per billion, there will be death in mðrine organisms. He stated that there are detrimental effects when the copper is as low as 50 parts per billion. Tape III Dr. Brand stat~d that the 10 parts per billion that is expected as ð maximum in this water area would hðve no effect on marine biology. Planning/Zoning Director McKim stated that she would suggest at this point, that the representative from Southwest Florida Regional Planning Council address the Board as they have some concerns they would like to express regarding the Development Order. She stated that South Florida Water Man3gement Distri~t also has a representative that has concerns with the pcoject and the Development Order. She &00,( 099 P~~[ 6.9 Page 48 'DD( 09'9 P.'·l 70 November 10, 1986 stated that the Planning Co~nission did recommend approval of this DR! subject to Southwest Floridð Regionðl Plðnning Council's recommen- dations and that they be inc',rporated into the Development Order, adding that she has not seen a Development Order with their recommen- dations incorporated. She s~ated that the Petitioner did not object to thi= at the Planning Commission hearing. Mr. Cawley stated that SI)me of the comments that the Southwest Flor idð Regional Plðnning COlmcil mðde were in conflict in terms of the marina, adding thðt he would prefer to handle that in the Development Order and let thnt be a function of review by the Regional Planning Council, which is the normal process. Mr. David Burr, Planning Director of the Southwest Florida Regionðl Planning Council, fI)ferred to a memorandum that was issued to stðff on November 7, 1986, ðdding that the development order thðt they reviewed was a draft and they have not received the final development order yet. He stated thðt ðu far as his Staff is concerned, there are still major concerns with thn drainage regarding the District #6 study, which is something that goes beyond the responsibility with the Collier DR!, but th~y want to be sure that everyth ing will be con- sistent. He noted that hurr:.cðne evðcuðtion is a major issue that is unresolveù, the marina is another issue that is unresolved, the number of wetland acres to bE! impacted is still unknown, and he recom- mends that the marina project, as designed, be denied and that a new marina b~ designed to be lim~ted to the spoil areas immediately adja- Page 49 - - - - - - November 10, 1986 cent to Naples Bay and that the soil detail information be submitted with the designs. He stated that the dredge and fill that will occur has not been answered nor hi'S the effect of the overall impact on the habitat of the rare and endangered Jpecies. He stated that this was his basis for insufficiency during their review. He indicated that wetlands is also a major is~ue as there is a lack of information regarding this concern and more detail is needed. He noted that with regards to transporation whiçh is also an issue, as the Development Order language is not consi:3tent with the Council's recommendation, adding thðt there needs to be major wording modifications in regards to trðnsportðtion. He stated thðt he is not ðble to state at this time if the new draft is acceptable. In ðnswer to Commissioner Voss, Mr. Burr stated thðt he is not sure if his questions and concerns can be answered through the per- mitting process which will be the next process if this is approved. Ms. Susan Coughanour of SFWMD stated that the District has not had an opportunity to review an', of the proposed changes that have been discussed regarding this project. She stated that the impact assessment report that was dpproved by her governing board in September will stand ðS it is. She stated that with regard to District #6 improvements, t~ey have a permit application in hand. She indicat~d that with regards to the proposed development order, she has only reviewed a prelimi.1ary draft. Mr. Clyde Mollon stated that h~ is in favor of the project, adding Page 50 nODK 099p~r-t 71 ,><,.,--,._"" aOOK 09'9 p~r,r 72 Novembcr 10, 1986 that a marina is needed in ~his area. Mr. George Gaynor, representing Key Island, Inc. stated that he is in a dilemna about this proposed project as they are planning to donðte to the State of Florida 1,500 acres on the east side of the coðstðl waterway. He stated thðt all of Keewaydin Island properties will be sold to the Sta te, Io'M,ch includes 4 to 5 miles of beachfront that will be set aside and rrade into a preserve area and tied in with Rookery Bay Sanctuary. He stated that he has serious doubts now as to what to do with his property. He stðted that he would urge the Board not to take any action on this matter at this time. He indicðted that he is also speaking for the Naples Yðcht Club, adding that they are very ar,prehensive of the impact that this marina will have on Naples Bðy and the inland waterways, and therefore, are requesting that this project be denied. Mr. Chðrles Shumway, member of Sðples Yðcht Club, stated thðt he feels that this is an excellent project and he has spent considerable time reviewing these plðns. He stated that this is the number one . location for such a marina and future people coming to Collier County will enjoy this marina also. He stated that this project will ðlso create jObs for people. Tape 112 Mr. Robert Ott, Director of the Conservancy, read a letter from the Chðirm~n of the Board of the Conservancy which indicðted that tne Conservancy is agðinst this project due to environmental problems. Page 51 - - .. '. November 10, 1986 Mr. Bernie Yokel, Florida Audubon Society, stated that there are many problems wi th the projE!ct, ci ting water management problems, potential impact on wildlifE! and marine habitat, loss of mangroves, overload of boats in Naples Bay, adding that the eastern portion of the project could be approvE,d, but the marina area should be held in abeyðnce until everything h~s been resolved regarding all the con- cerns. Ms. Elizabeth Berg of Nep1es stated that this project will do damage to the water birds wtich are an important resource to the entire community. She requested that this petition be denied or post- poned until there has been ample time to resolve all the problems that have been previously discussed. Dr. Mðrk Benedict, Conservðncy Director, stðted that there are mðjor concerns remaining with the marina ðnd issues hðve not been ade- quately ðddressed. He statej that these areas that are proposed for the m~rina are undisturbed ðreðs ðt this point and will create a high impact on the biological res)urces. He stated that data that has been supplied does not iustify this land use change. He noted that this project will impact 900 acre3 of wetlands. He stated that there is not enough information with :egards to water management issues or wildlife. He noted that the Environmental Advisory Council determined that the ADA was no~ suffici/mt to satiSfy the EIS requirements. Tape 113 Dr. Benedict stated that he would recommend that the eastern tract 8001 099 PAr.r Page 52 73' ''''''''-''''-'.'' aDaK 099 ø~'.[ 74 November 10, 1986 be rezoned with safe guards ðnd that the marina not be rezoned at this point ðS it is too premature. Mr. George Keller, representing Collier County Civic Federation, stated that this project is being fast tracked too qujckly and that the public is demanding thðt they be listened to and this petition not be approved. He noted thðt if the petitioner was willing to divide this project, the eastern portion of the project could be approved. He indicðted that no one has 3ddressed the fact of petroleum products, adding that there are still a lot of issues not resolved. Attorney Dave Rynders, representing the Conservancy, stated that there is not sufficient information to meet the County requirements, adding that according to the County Manager there can be no clearing or construction until the supplementðl EIS is submitted, which means that irregardless of the action taken this date, it means that no development can be done until a supplemental EIS has been submitted. He stated that Ch~pter 380 of the Florida Statutes requires Development Approv~l for this ~evelopment which puts the developer in a very unusual situation ðS h~ would have to go back through the DR! process agðin if the supplemertal EIS h~s not been submitted. He stated that the Com~ission is moving too fast and he does not understand why an emergen~y ordinance had to be adopted to change the number of votes necessary for approval by the Planning Commission body and made retroactive. He stated that this should be delayed until all information has been submitted. Page 53 - - - -_..- ....----""_......,. - .. .. November 10, 1986 Ms. Eileen Arsenðult, representing the Collier County Audubon S?ciety, stated that the marira will impact the habitat of native plants and animals, including some endðngered species as well as the eatuðrine systems. She stateé thðt these impacts have not been ade- qua~ely addressed and she reccmmends that no action for this property be taken until all matters ha\e been resolved. Captain Al<Jn P. Slaff, ref resenting Port Royal Property Owners Association, stated that ther~ are between 1,000 and 1,500 boats moored in the bay ðnd the asscciated wðterways ðt this time, adding that in the formal course of éevelopment this number will increase whether or not this project gces forward. He stated that if this pro- ject does go forward, this cOlld lead to completely unsafe and unsati- factory seamanship and navigation problems. He stated that a lot of these channels are very narro~', poorly defined and already crowded. He stated thðt these channels cannot be enlðrged and this development could lead to a serious boatirg situation. ***Deputy Clerk Magri replac'ed Deputy Clerk Kenyon at 5: 10 P.M. *** Concluding, Captain Allan P. Slaff requested that the Commissioners consider the future events very carefully in coming to an important decision this afternoon. ***** Reoess: 5:13 P.M. - Reconvened: 5:21 P.M. ***** Mr. Dave Bennett, Presidert of the Par~ Shore Association and President of the present council consisting of nine property owner civic associations, said that they feel that the eastern track, as Page 54 &DDK OOOw: 75 -------_._~.~. - - .. November 10, 1986 Dr. Chris Thoemke, Flori~a DNR, said that they hðve been following the project with great interE'st due to the impact on Rookery Bay pre- serve, as it is recognized a~ highly productive for shell fish, making it an economic asset to the County. Using a map displaying the pro- posed marina, Dr. Themkey pointed out the boundary of the Rookery Bay preserve which is approximðtJey 1,600 feet from the proposed marin~. He said that the County's heJp is essential in protecting Rookery Bay and the surroundings ðre and requested a two week delay. He said that they are opposed to the projE,ct at this point becau'1e they have not had time to review the modifjcations. He said the State should be involved. Mr. Gordon Glorch, President of Royal Harbor Homeowners Association, said thðt they ~re basically opposed to the project until further studies are made to inform them on the total lmpðct of the project. Ms. Edith Williams voiced her opposition to the proposed ~arina, citing increased boater traffic and water pollution. Mr. W. V. Hartman expresf1ed his concern regarding the water supply being provided by the City of Naples because the County is unðble to do so. Ms. Gail Boorman supported the project, noting that it gives her another alternative to place her boat. She expressed concern for the environment but noted that the rational needs of the people should be considered and asked the Board to support the project so that resi- BOOK 09D W'~ 77 Page 56 aOOK. 09'91'1":' 78 November 10, 1986 dents here now cðn have recr'~ational facilities ðvðilðble. Mr. Ned Twerdðhl, presi1ent of Port Royal P~cperety Owners Association said th~t his bo~rd voted for the eastern portion and ðgainst the marina at this p~rticular point in time. Mr. John A. Burnham su93ested that the matter be tabled for further consideration of the marina and water/sewer problems. Mr. Arthur Lee, Director of Southwest Florida Archaeological Society, said that this is aî archaeological important area and they have heðrd thðt ð survey has be~n made but they have heðrd nothing about a report. Tape U5 ~r. Jðmes Kuhlmðn, Lely resident, said thðt he is favor of the project, noting that every Y~ðr Lely floods and passage of this pro- ject would solve t~e drainag~ problems. He said that the intersection of U.S. 41 and Thomasson Dri~e is extremely dangerous and this pro- ject ðddresses it. He said that is a properly planned development. Mr. Gerard Newmann, President of the Voters League of Collier County, said that they Bre c~ncerned with the lack of environmental information and requested th3t that no decision be made until all boards involved with issuing permits have submitted full reports to the Commission. Mrs. Chðrlotte Westmðn, representing the League of Women Voters, noted that the first phase of development is for 200 wetslips and that additional slips will require proof that there has been no detrimental PBge 57 .. .. - November lO, 1986 impðct on the environment. She said that the League supports the DRI in its entirety, both eastern and western section. Ms. Williðm Polumbo, Lely resident, said that the developer is offering ð solution to the I~ly flooding problem, which cannot wait. Also, she would like to see i~ developed as Naples Bay is an asset that should be used by the Jargest number of people in Collier County. Commissioner Voss noted that the developer has to pay considerable impact fees before anything is built and, regarding the petition being fast-tracked, it has been around for at least a year and a half and the Board has been aware óf it for a long time. He said that it is difficult to separate emotic,n from logic and he believes this is the solution to Lely's flooding. Commissioner Voss questioned Mr. Cawley about the height of the hotE,l and the boat slips. Mr. Cawley said that the hotels are proposed as 400 unit complexes and it is not viable to get under 300 units. but they could respon- sibly cut the hQtel to two ;00 unit complexes. Regarding the boat slips and related traffic, ~e advised that a study revealed that no more than 20% of the bOðts so out. He said thðt they would be willing to cut 200 of the dry slips and reduce the total impact and build it out to 800 units instead of 1000. Mr. Voss questioned why there is a need for so many dry slips and Mr. Cawley advised that it is less expensive for small boats to have dry storage. Responding to Mr. Voss regarding the appearance of the buildings, Mr. Cawley said that in5~ead of using metal buildings they aOOK 099 p,",,! 79 Page 58 "'"-, ---....-.-.>-."'=",.....""".....,......,....,...-... ""''''' .(: ' . ' . aOOK 099 p~r,t 80 .. November 10, 1986 would use other kinds ðnd soften the looks considerably. He said thðt if they build the chan~~l they need to have the opportunity to put the wet slips in as the project goes forward, Mr. Cawley said that the Coast Guard and Marln~ Patrol said that the amount of traffic is not the concern, it is th,~ velocity that is going through that creates the hazard. Tape 116 Commissioner Hasse complemented Mr. Cawley on the eastern section ðnd sðid that if he would se(re9a~e the two sections he would go ðlong with the project now; otherw,.se, ht:! would like to see it delayed. Commissioner Holland askl~d if the drainage has been integrated between the north and south Bide ðnd Mr. Cawley replied ðffirmatively, ðdding that they are happy to design and build it the way the County and Wðter Management District want it. Responding to Commissionl)r Goodnight Mr. Cawley said that they have ðgreed to all of the SOllthwest Florida Regional Planning Council's recomme~dations and they ðre in~luded in the Development Order. Regarding "'urricane evacuation, Commissioner Goodnight said that the County is in the process of having a definite plan and Mr. Cawley sðid that they would participate in it. Mr. Cawley outlined on a map the location of proposed "No Wake" signs and said that the Fresh Water Fish and Game Commission and the Coast Guard as well as the DlIR would be working with them on the exact locations. Pðge S9 - - - .. .. .. "-'. .._-..... ....~-""...._~--_.~... November 10, 1986 Attorney Cuyler referred the Commissioners to Page 5-9 of the PUD document, 3rd line from bott~m of page, reðding "County's decision will be upheld....the following works should be stricken: If there is competent evidence to show and they will be replaced with the fOllowing: If the court finds upon reviewinq the record that there WðS substantial competent evidcnce produced at the hearing before the County that....". Mr. Cuyler 9ðid that is the change tha~ he has agreed to. He also asked that any additional commitments that have been made by Collier Develcpment Corporation, that his office have the right to review and approve thc language that is placed in the PUD document or Development order. Commissioner Hasse sðiè that he would liy.e to see the drainage cðnal stðrted immediat~ly for the Lely, DðVis Blvd. ðnd Rðdio Road areðS. Mr. Cawley said thet they have committed to start immediðtely upon receipt of the permite. Assistant County Manag~r Dorrill advised that the County has sub- mitted the application for conceptual approval for the permittable work that it is necessary to undertake for all of the improvements within District #6, to include work along Davis Blvd. and all of the work contained in the am~nded District #6 drainage studies. ***** Recess: 6:40 P.". - Reconvened: 6:50 P.M.***** Commissioner Voss said that it should be a matter of record that the hotels will not be morc than five stories and Mr. Cawley agreed to that. pago 60 &00'; 099PA"\ 81 f I lOOK 099 P~-.[ 82 November lO, 1986 Commissioner Gooðnight ~ov.ð, seconðeð by Commissioner Holland and aarrieð unanimously, that the public hearing be closeð. " ~ Zoning Director McKim n,)ted the changes that need to be incor- porated into the PUD document concerning zoning and the changes just spoken about concerning the number of slips and the building. She asked if the five stories in above pðrking or ground floor? Commissioner Voss said t.hat it is important to keep the buildings low so thðt they do not becc,me visible. Mr. Cawley suggested thët they be set as five stories above base flood elevation. Ms. McKim said if the pðrking is below flood it would not count. Mr. Cðwley noted that if they hðve two stories of pðrking above base flood then they would only have three stories. Ms. McKim advised the Commissioners that the Development Order thðt they have in their packet is differe~t than the DO recommended from the Planning Commission, basicðlly by the factors outlined in the letter from SWFRPC dated November 6, 1986, which addressed the major areðs of difference, such as drðinage, water quality, marina, hurri- cane evacuation, preservation of wildlife, wetlðnds and transpor- tðtion. She said tht to SOl1e degree it would be in conflict with what hðs been proposed. She said that tt.e marina recommendation does not include the marina basin as proposed in the plan, but that is what the CCPC and SWFRPC recommenjed. Ms. McKim said that if the concerns of the SWFRPC are not met th~y Page 61 - - .. '. " , . . 'f ;, ¡ l~ ~ (, - .. .. November 10, 1986 have the opportunity to appeal b~sed on the information presented in their letter. Commissioner Hasse askej if he votes for this project could he call it up in a couple of w~eks if there was cðuse? Attorney Cuyler said it cannot be called up againi the land use decision would be made today. Commissioner Voss asked Mr. Twerdahl if his concerns have been satisfied inasmuch if this ,?roject is approved and they put in 200 boat slips and then have to wait five years to see if there is any impðct? Mr. Twerdahl said the o:her consideration is height of the buildings. He said that he believes the people will be satisfied with the five-story compromise. Tape 117 Commissioner Pistor saie! the first item to be considered is the PUD document dated November 6, 1986, with chanqes made in tOday's meetings and corrections stilted by Ms. McKim at the start ot the meetinq and aqreements that have been made by the applicant and oorrections made by the att()rney, plus limit the height of the buildinqs to rive stores ab(,ve base flood elevation, 200 dry slips and 600 wet slips (a reduction (It 200 dry slips) 1 2 hotels with 300 units each on the bay side, "No W,Lke" and manat.,e zones on the waterway and the developer agrees to ^ f"ir sha.e contribution or participation in policies or ordinances for t.he hurricane evacuation and sheltering. !OOK (J~!)þ~r.[ ~~ Page 62 "'L Ii 'f~ -.'¡' '0. 099 'I/;! 8( November lO, 1906 Commissioner Ho11ðnd made a motion to that effect. Commissioner Goodnight seconded ~he motion which carried 4/1, Commissioner Hasse opposed, whereupon the following ordinðnce was ðdopted and entered into Ordinance Book #25: ORDINANCE NO. 86-77 AN ORDINANCE AMENDING ORDINANCE 82-2 THE COM- PREHENSIVE ZONING REGULATIONS FOR THE UNINCOR- PORATED AREA OF'COLLIER COUNTY, FLORIDA BY AMENDING THE ZONING ATLAS MAP NUMBERS 50-25-6, 50-25-7 AND 50-26-4 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A-2, A-2 "ST", RMF-6 AND RMF-6 "ST" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS "CDC" FOR PROPEHTY LOCATED SOUTH OF THOMASSON DRIVE, SOUTH AND WEST OF US-41 AND EAST OF THE NAPLES BAY INTEHCOASTAL WATERWAY IN SECTIONS 23, 24, 25, 26 ,\ND 36, TOWNSHIP 50 SOUTH, RANGE 25 EAST AND SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST; FOR A I1AXIMVM NUMbER OF 4,000 DWELLING UNITS ON 1921 ACRES, A MARINA, A PARK, GOLF COURSE AND OTHER COMMERCIAL USES AND PROVIDING AN EFFECTIVE DATE. commissioner Hollan4 move4 to a40pt Development or4er 86-2 with 600 wet slips and 200 dry slips. commissioner Voss seconde4 the motion which carried 4/1, Commissioner Hasse opposed. See Page. .9'" - /Itø Exhibitn to Develcpœnt Order 82-2 are on file in the office of Clerk of tOO Board. '~ ~ 1'a<]. 63 1~'}': " - .. ... _,.,...."'''''__.....·..__,__'''''~><'''''_o.._.._.."._.._~~.__._ ,.-_>_ - - *** .. November 10, 1986 There being no further ~lsiness for the Good of the County, the meeting was adjourned at 7: 1,) P.M. by Order of the Chair. BOARD OF COUNTY COMMISSIONERS/ BOARD OF ZONING 1\PPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ATT~S!f;"~"""'" J~" 'C. .~~,. "CLEM ........ ",'1 .e' :.·.:~'··i,·~~.:ii'O :'. ~''') <yy '.~ ,f:tj:'~~;'~~~ [. C \: .....~'e¡.~, øi~~¡tt~ approved b:r the Board on ~~-e-./ ~ I" ~ /" . ~ .'~' ~I,,,\,, ',.r- ~ ~... '~;~~ent.~·::,~:v or as corrected ""'" '." f(,I,(, -, """" . aOOK 099 Pv.! 85 Page 64