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BCC Minutes 10/01/1985 R . - '" . Naples, Florida, October 1, 1985 LET IT BE REMEMBERED, that the Board of County Commissioner. in' and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(a) 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 S...lon in Building ·FW of the Courthouse Complex, East Naples; Florida, with the followinq members present: CHAIRMAN: Frederick J. Voss VICE CHAIRMAN: John A. Pistor Max Has.e C. C. wRedw Holland Anne Goodnight ALSO PRESENT: William J. ~eagan, Clerk; James C. Gile., riscal Officer; Elin?r M. Skinner, Deputy Clerk;'Burt L. Saunders, County Attorney, ~ei1 Dorrill, ~.i.tant County Manager, Pam Brangaccio, Deputy As8btant County Manager; Vickh Mullins, Community Development Administrator; David J. Pettrow, Planninq/Zoning Director, Ann McKim, . Planner, Jeff g~rry, MPO Director, Tom Kuck, Public Works Administra- tor, TOlD Crandall, Utili~ies Administrator; TOlD Olliff, Fleet Manage- ment Uirector; Nåncy Israelson, Administrative Assistant to the Board, and'Ðeputy Chief Raymond Barnett, Sheriff'. Department. . . " '1'·--, ~ . aoD( 090,~ or ..,' t",~, ".,' ~ Page 1 .. .. .. October I, 19S!> ~.,. 11 Iu. 11 AG~ - A'nonD AS M.DÐID eo..l..le..r .I.tor ~Yed, .ecoAded by Coaal..loner ..... Ind clrrled aA&a1.eo.ly, ~t tb. at.DdI be IpproY84 wltb tb. followlnt aaond"AU I a. 16F(2) - Duplicate Tax' Certificates - Added by County Planage r . It_ 12 "I.UTIS or RlGutAR "I~IMGS or 9/3 AMD 9/17/.5 - APPROYJD eo.al..loAer .1.tor ~y84, ..cond84 by Co.al..SoA.r Goodnlgbt Ind cluied _ .ul.oa.ly, ~t tb. .hat.. .f Regular ....Unc¡. of '/3 .nd '/17/15" IpprOYed as pr...nt84. U.. 13 PROCLAM'fICIII DUIGII&'ßJIQ TU VIa or 0C'I'081R 6-13, It1S AS -:lA'fIOIIAL IOUSIMO WIll- I. COLLIIR COUM'fY - ADOP'fID UpeA r.ldlA9 the rrocib..Uon, eo-l..1....r 'later 1IOY04, MCoDd.d by eo..1..1ener Qeod.I~t aDd c.rrl84 an.AI....1y tbe tb. 'roel...tlon ;t, de.l,aatl., tbe ...k .f ~tober '-13, 1'15, .. -..tloDll Iou.lag W..k- In CollI.r COlIDt~ be HeptecI. .. ' '. "t. 70. Sbleld., 're.ld..t or CoIII.r County Bulld.ra Ind Coatrlotor. Aaaoclltl.., Iccepted tbe .roal...tlon wltb tbank.. " aDD( 090 PA~ 09 Page 2 .. .. .. October 1, 1985 It.. 14 OllDl--=1 '5-52 RI PftI'flœ R-'5-ac, WIr.ac:., JlILLIR, IAR1'OII, lOLL . PIli, RIPRI. CArICO 'UftUSIIP . UGL& CUll PRO'IR'I'III, U UIC*I I1IØJI -C-4- 'fO -'VD" DOIfII AI UOL& CRIll COUJrftY CLUB BI'I'WID SR-'51 . nICI 81'R.I~ - ADOP'nD, SUBJIC'I' TO S'fIPUtA'I'IOIIS, PI'fI'fIOIIIR'S AGUIRD'f ACClrrlD Legal notice having been published in the Naples Daily News on August 30, 1985, as evidenced by' Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition R-85-8C, filed by Wilson, Killer, Blrton, SolI, Peek, representing Capico Partnership and Eagle Creek Properties, requesting rezone from ·C-4w to ·PUC· known as Eagle Creek Country Club for 15 ! acres between S.R. 951 , Price Street in Section 3, TSlS, R26E. Planner McKim explained this is a companion item to petition PDA-SS-SC and that she would ma~e her pre.entation on both petitions at the same time. She stated that the Z?ning of the lands to the north of the property under discussion is C-4, to the east is MHRP, t~ the south , . Is PUD, &l,gle Creek, and to the west ,is A-2 and PUD, Eagle Creek. She said lands to the north are undeveloped and to the east they are undeveloped and a mobile home park. She stated that Staff and all .~, County aqencies reviewed ~his petition and recommend approval subject to th! stipulatib~s outlined on the Executive SUlDaary dated 9/24/S5 for the-,režone and Petition p01r,-85-eC. She said the first four stipula- tions not included in the petitioner'. agreement are as follows: 1. A site clearing plan shall b. subaitted to the Natural Resources Management Department and the ComlDunity Development Division for their review and approval prior to any substantial work on the site. This plan aay be submitted in fhases to coincide with the development schedule. The site clear ng plan shall clearly depict hQW the final site layout incorporate. retained native vegetation to the maximum extent possible and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal. 2. Native species shall be utilized, where available, to the maximum extent possible in the site landscaping design. A landscaping plan will be submitted to the Natural Resources Managem4nt Department and the CoID.unity Development Division for their review and approval. This plan will depict the incorporation of native species and their mix with other species, if any. The goal of site landscaping shall be the re-creation of native vegetation and habitat characteristics lost on the site during construction or due to past activities. 3. All exotic plants, as defined in the County Code, shall be removed during each phase of construction from development areas, open space areas, and preserve areas. Following site development a maintenance pr?graa shall Þe implemented to prevent reinvasion of 'oo~ 090 PA"t 11 Page 3 090,~~r 1? October 1, 1985 1001 th~. s1:te by such exotic spechs. This plan, which will describe control techniques and inspectIon Interval., .hall be filed with and approved by the Natural Resource. Management Depar~ent and the Community Development DIvi.ion. 4. If, durin~ the course of site clearing, excavation, or other constructIonal activities, an archaeological or historical site, artifact, or other indicator is di.covered, all development at that location shall be iIDmediate1y .topped and the Natural Resources MlnagelDent Department notified. Development will be suspended for a sufficient length of tilDe to enable the Natural Resources Management Department or a de.ignated consultant to a..e.s the find and determine the proper course of action In regard to its salvageability. The Natural Resources Management Department will respond to any such notification in a tiIDely and " efficient aanner so as to provide only a ~inlmal interruption to any constructional activities. , Hrs. McKi. said the CApe beld their public hearing on 9/5/S5, for both petitions and recom..nd approval of the rezone subject to Staff .tipulations and with the provi.ion that the Water Managemerit 'Depart- .ent's StipulatIon., No. , on the Staff report, be clarified whIch has been done in the Executive Summary, Stipulation No. S. She said CApe recommends approval of Petition PDA-SS-BC .ubject to the same stipulation being clarified. " Mr.. McKim explained that approval of Petition PDA:S5-8C takes the property being rezoned to the PUD and Include. .it in the PUD. She said the change. to the PUD are an increase In the acreage to'lllow for the rezone and a 60 unit increa.e for:the density that will be on Parcel K. She said the PUD document in the agenda aaterial i. not the revised one with all the .tipulations but the petitioner wL1l provide tbe'correct document this date. Mrs. McXi. said Staff also recommends that the petitioner p!ovide for a polling place in the cOlDmunity building, at the suggestioñ':of tho Supurvisor of Election., and the petitioner has agreed as long as it would only be used by the resident. of Eagle Creek. She said the petitioners suggested that the fire .tation they donated, currently being built .outh of Eagle Creek be u.ed as a polling place by the public for the entire area. Responding to Commissioner Voss, Mr.. McKilD said she did not know if there are enough residents in Eagle Creek to make it a polling plac~ but that the Supervisor of Elections .aid it would be satisfactory to have the polling place for EaglIn Creek re.idents, only. Mr. Bi 11 Di llender, Chal rman of a.\ area Road Association, sdd there is a construction road that exits on Price Street and there i. no stop .ign and the traffic that come. onto Price Street at a curve Page 4 - - - .. .. .. October 1, 1995 cre.te. a traffic hazard. Be questioned whether the proper ingres. and egress of tra(fic to th1. development is being con.idered? Mrs. McKI. said that the main entrance to Eaqle Creek i. off SR-95l and Price Street will not be an entrance once development is completed. She explained the exit to Price Street will be ..intained only as an emergency exit once development .is complete. Commissioner Hasse asked what impact the heavy con.truction traffic would have on Price Street? Mrs. McKim .aid the trucks will only use a small section of Price Street but there would be some i~act. Public Work. Administrator Kuck said this is the first complaint of which he was aware regarding the traffic on Price Street but he would lo~k into the situation because the petitioner has a temporary permit for use of that road. He said iI . problem is being created the . . County could revoke that perait and require the petitioner to use the entrance off SR-951. Reaponding to eommissioner Pistor's comment that the constr'uc:tlon road "y,be used for 10 years or more, Mr. Kuck ..id if the petitioner intends to use Price' Street for any 1enqth of time Staff will maka sure he installs safety measure. In this are.. Coaal..lone! .I.tor 8oved, ..conded by Coaal..1oner u...e aAd carrl~ unanimously, that. the public bearlag be closed. " C~Js.loDer .lstor ....d, .econded by Co.aJ..lon.r ..... Ind clrrled ananlaously, ~t th. ordlAaDC. a. naaber.d an4 .ntitled below be adopted, aDd .Dt.red IAtO Ordlnlnce Book 21 Ind tbat the Petl- tloA.r'. A9r....At be Icceptedl '. ORDIIWICI IS-S4 All ORDIllAlfCI AIIDDI.o ORDIIWICI 12-2 ftl CClMPRIUllSIVI IOJIIJIG RlGULA'fIœS POR 'I'D ØIIIMCOUORA'fID ARIA or COLLIER COUll'f'f, rLORI~ 8J AllDDIIIG 'I'D 10MI.o A'ftAS lIAr 11181... 51-21-2 8Y CBAMGIMa 'fB1 ZQlIJIG CLASSIrICATIOM or TBI BlAlIM DISCRIIID RDL Ronan ftQII c-t TO -'UD- .LAJIIIID WIT DIVlLOfIIl:Irf POR IAGU CUD COUJI1'RY CLUB rIRS'I' ADDI'I'IOJI, AIID nOVIDIJIG All IrrECTIVI laft. 'A OK 090 PA'Ot 13 Page 5 "-'..,""."......,.._....,.".-.".~,, -"',-..- .. .. .. October l, 19S5 n.. t5 ORDIIlAllCI 15-53 RI "nno. '~-n-.c, WIUOM, RILLER, 1U1'OIIL~~LL , '111, "PRE. CAlICO 'ARtW&lSII' , IAQ~I CREaK PRO,aaTI181 RI ~DKI.T TO u.c;U CRIll COUJlTa'f CLUB .uD - ADOPTID, 8U8J1C'f TO S'f PULATIOMS, P~I'fIOMIR" AGRIIRIM'f ACCIPTID Legal notice having been published in the Naples Daily News on AU9ust 30, 1985, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition PDA-S5-8C, filed by Wilson, Miller, Barton, Soil' Peek, representing Capico Partnership and Eagle Creek Properties, requesting amendment to Eagle Creek Country Club PUD to change the number of acres from 284.89 to 299.S9, change the nuœber of dwelling units from 600 to 660 and related developDent standards, for property located in Sections 3 and 4, TS1S, R2 6E . - 81ac. dlscu..loo .f tbl. ,.tltloD wa~ "eld when tb. pre.loua petition wa. dl.cus.ed, eo.al..loner ,1.tor .o.ed, ..coA4.d by eo....doaer ..... aDd carried IIn.AI.oualy, that th. public be.dAfJ be cloft4d. ' . C......looer Pistol' lIOY.d, ..c.nded by eo_ladoAer ..... that th. ordlAanc. be .dopted. During the .nsuing ¿i~cussion regarding the inc1u.ion of a desi9~ated polling place,.Mr. Tom Peek, of Wilson, Miller, Barton, Soli " and Pe~k, representing the petitioner, said the petitioner would have some difficulty providing a polling place which would allow the public access to Eagle Creek SUbdivision because it i. a private developDent. He said the petitioner would have no probl.. if the polling place were used by Ea91& Creek r.sidents only. Be referred to Mr.. McKi.'. statement reqarding use of the fire hall and Commi.sioner Pistol' said that the election .equi¡:ment does not function properly if it is not in an air conditioned area. He said he would be glad to put a stipulation on this petition that the fire hall could be used if it is acceptable to the SUpervisor of Elections. Co_..loDer ,I.tor wtt!adr.. bi. ~UOA IDd c:o.t..lour ..... withdrew lal8 8eC:0a4. Co.....I.nar .I.tor lIOY.d, .ecoDded by eo_I..loner GOodnlgbt, tbat the ordlnanc. I. nuaÞered Ind .Atltl.d below be adopt.d, tblt the ..tltloa.r'. Agr....At be acc.pt.4 aDd tb.t I pro.I.lon be ..de .t tbe proper tl.. for I polling pllc. for the r..ld.nt. of Ia91. Cr..t. In response to Commissioner Hasse, Commissioner Voss said if there 1s sufficient population in Eagle Creek to create a precinct a polling 'OOK 090,m 15 . Page 6 ..~,_."-'..~-''''''~~'''''''''''''''''''''~-' ''''--'''.- ..~,~ .'--'"..'- 090 16 October 1, 1985 'O~p~ce '~il~ be provided. COlIlDhsil)ner P1stor pointed out there au several polling places in the area at this time for the use of area residents. Upon call for the qae.tloD, tbe ~tloD carried unaAl.ou.ly~ ORÐIIlAMCI IS-53 All ORDIIWICI NLIIfDma OaoIlWIC1 15-1, IAGLI CRill .LAIfIIID CllIIT DInLOfRD'f ga¡)IIIAIICI, MDDIIIG TBI IXIS'fIIIG JAGLI cRln P.U.D. .1' Ml:llDI.o ..SICrIOll 1.01, IJI1'1tODUC'fIOII AMD PURPOSI, MIIIDIIIG SUNICrIOII 1.02, ST,.TZMD'f or COfI.LIAMCI, MDDIMO SUlSIC'fIOII 1.03, UGAL DØCJtUTIOII, MDDIIIO SIC'fIOII 2.06, u.IQ) IJSI DU'fRIaUTIOII AIm DDSIn, MDDIIIa SUIISIC'fIOII 2.07, '&MInm YARIA'flO11 or IIWILLlIIG UIII'J'S, MDDIIIG SUBSICrIOII 3.01, ,u..oal, MDDIIIO SaaSIC'fIOII 3.02, JlAXIRUII IIWILLIMO UMI'II, AllDDIIIG ..SIC'I'IOII 3.03, PlMIT'RD usn AMD .ftUCTURlS, MØDIIIa SUBSIC'fIOII 3.04, U8IDIII'I'IAL DIVlLOPflIM'f 8'fAIIDA"', ADDIIIG .uaSlC'rlO11 3.05, IDO LOT LI.I DIVlLOPflIII'J', ADDIIIQ Sœ&ICrIOll 3.06, VILLA, CLUSTER BOllI, AMD 'fOWllBOfII DEVlLOI'MIII'f, ADDI.o ."SIC'fIOII 3.01, LOW RISI AIID.GARDD A'AR'I'KIII'I' DIYlLOPflIII'I', MDDIIIQ SDlSIC1'IOII 5.02, .lMlnlD usa AlII) SftUCTURU, MIlfDIIIO S.SICTIOII 5.03, PRO'IRTT DnKLOMalT GITDIA, MDDI.o .uaSICrIOII 7.01, .URPOSI, MDDIIIO ..slCTIœ 1.02, .IMInID usa AMD 1ftØC'fUR1S, MlllDIIIQ SUBSIC'fIOII 3.03, DInLOIPPID'f .LAII, MDDIIIa 'fBI IAGLI CRIll Cuu.T.f CLUB '.U.D. lIIAS'fIR .LAII, noyIDIJIQ All, urlC'flYK DA'fI. '. þ .~ " -: \ -\ .~ '. . Page 7 - - .. 'ftJJW P1'.t 18 October 1, 1985 RISOLU'fIœ 15-201 RI '1'fI'fIœ Y-IS-24~f _~ILL IIIAUGDI8SY, RJ:'RI. IRWI. .. 8ILlaaoD, U YARIAllCI nOlI PROIn' IAIW SITBACI RIQUIRIRIII'1' or 30' 'f0 25' 'TO cœs'fRUC'f A 81..1.& FUlLY RlSIDDCK 011 LO'I' 23, aLl. S9C, VIII'f 23, RARCO alAca SUBDIY. - ADOPTID Legal notice having been published in the Naples Daily News on September 15, 1985, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition V-85-24C, filed by Bill Shaughne..y, repre.enting Irwin B. Seligsohn, requesting a variance from the front yard setback requirement of 30' to 25' to construct a single family residence on property described as Lot 23, Block 594, Unit 23, Marco Beach Subdivision, Collier County, Florida, Section 7, T52S, R26E. '. Planning/Zoning Director Pettrow said this is a request for a variance on property located on the east side of Swiss C?ur t" JOO' south of Kendall Drive and 650' west of North Collier Boulevard on Marco Island. He said the petitioner is requesting a 5' variance from the required 30' for the construction of a single family residence facing vest, directly towards Clam Bay. He said the property is ZOned RSF-3 which requires a minimum lot area of 10,000 square feet. 8r " . ,. explained, although this lot i. irregular in sh~pe due tb its location on a cul-de-sac, it contains approximately 13,900 square {aet. He said the lDinimum width of the lot is 102', that 80' is normally'required and that the minimum dept is 9l'. He ~aid the lot ' is as large or larger , , than some of the surrounding irregularly shaped:10ts and the proposed residence can be placed on the lot if oriented differently. He said Staff recommends denial of this petition., Mr. Bill Shaughnessy, representing the petitioner, said the~e are '. . special circumstances that exist based on the existing structures that are in the neighborhood. He said this lot is one of the few sites on Marco Island where there is a half-water !half-lot in a standard cul- de-sac area. He said the location that Staff recommends for construc- tion of the hOlDe ~u1d place it all the way to the left which ~u1d mean the petitioner would abut the home within 20' of the existing pool of the neighboring home and the petitioner ~u1d look into the side setback of a home on the other side of him. He said the request for the 5' variance ~u1d allow p1ace~ent of the house in the center of the lot and, by angling the house, the petitioner is allowed to see the water as veIl as being further from the nei9hboring homes. He said this would be a benefit because three houses would not be clustered Pag e 8 .. .. .. 1 I j ¡ I I I .. - ~ October 1, 1985 together. Øe .aid this plac...nt would definitely be in harmony with the neighborhood because it would add to the aesthetic value of the community and protect the neighboring property owners. He said the petitioner requests this variance in order to build a moderately priced home without having to go to an expensive custom designed house to fit the irregularly shaped lot. In answer to Co.-iasioner P~stor, Mr. ShaU9hnes.y aaid there is no other cuI-de-sac tip lot on Marco Island that has the same side setback dilDension that this lot has where it faces into a side lot. 'f.ape 12 Ms. Betty Cottongilll, architect, described her experience designing hOllle. on cul-de-sacs on Marco Island and explained that every other such lot on which she h.s worked bad .. 25' setback and on a 90' radius with .. ~S' rear setback there ia 40' to desiqn .. hOlDe. She said In this instance with a 30' setback in the front and 25' in the back there is only 35' in which to build the home. She .aid she has designed home. under those circUID$~ances but they have been rather extrava9ant in order to lDe.t the angles and width requirements of the lot. She said the pet1t,ioner is trying to build' a home within a budget that has regular shapes ~o lIIeet his requi rements of view and to be consIierate of his neighbors: She said the only way this can be done is to place the home in the center of the lot. In answer to Commissioner Voss, MS. Cottongim said this is th~ only cul-de-sac lot that has 90' of the " supposed waterfront, the rear lot line, that is actually landlocked so it has a much smaller waterfront area than any other lots in the area. Comlllissioner Holland said the ability to create lIIore open space between the ~esidences on either aide of the proposed house would be a fact the Commission should consider, adding the 5' setback will not change the lines on the homes in the area, to which Ms. Cottingim ag reed. C...i..loDer .iator ....d, .econded by eo_i..lon.r ..... and carrl.ð uca.l.oa.ly, tbat th. public b.arln9 be cl0..d. Co_l..1oDer 'Istor .....d, ..coAð.d by eo_is.loner BoUand aDd c.rried UD.nt.ou.ly, th.t ....lutlon 15-201 r. Petitio. V-IS-2CC, 8111 SbaøgbA...y, be adopted bec.... th. proposed b~ I. OA a cul-d.-.ac and will AOt IDterf.r. wltb th. ..tback on otber bou... built on that cal-cS.-.ac. aODI( 090 "A~t 19 Page 9 1110( 090~ 22 n.. t7 RaournCIII 15-202 RI .nIno. Y-I5-25C, "MIS I. VlW8IL, RIPRI~ ASBLAIID OIL, IIIC., U YMIAalCI nOlI 8lftACK RIQUIRIRDlU POR AU'fQIIIOIILI 81RVICI annou '1'0 ALLOW c:œftR~lo. or A CCIIVUIIIICI JIARIIT POR I.0'I'l 1-6, aLl. C, 1IAPLIS YUu.& - ADOP'fID October 1, 1985 Legal notice having been published in the Nap1e. Daily News on September l5, 1985, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition V-85-2SC, filed by JaDes E. Vensel, representinq Ashland Oil, Inc., requesting a variance frolD the front yard setback requirement for automobile servic~, stations fro. SO' to 25' and side yard setback from 40' to 25' to allow construction of a convenience aarket for property desc~ibed as Lots 1 through 6, Block C, Maple. Villas, Plat Book 4, Page 7, Section 1, T5OS, R25E. Planning/Zoning Director Pettrow explained this property Is located on the east sida of Airport Road between Hibiscus ^venue and poinsettia Avenue, approximately 1/3 aile north of ~cvis Boulevard, c~ntains approximately one acre and is presently vacant. He said~ because this property fronts on three streets,. it is considered t~ h~ve three front yards, one side yard and no rear yard. He s~ated a conven- ience store with gas pumps is required to meet ~he same development standards as an auto service station and in this case the'~property Is zoned C-4, Commercial General. Ke, said the re~uired side yard and front yard setbacks for a convenience store with gas pumps are' 40' and SO', respectively. He said, for all other useB~ in the C-4 District, the required side yard setback.is 0' to 5' and the front yard setback is 25'. He said the petitioner is requegting a variance to allo~ the convenience store to be constructed with a 25' front yard setbac~,on the western boundary line, fronting Airport Road, and a 25' side yard setback. He said Staff recommends denial because there appears to be no hardship or relief from literal interpretation. Mr. Pettrow said in September 1982, the Board amended the Zoning Ordinance relative to convenience stores and he read the change which said convenience stores are a high traff~c turnover business, with the addition of gas pumps it becomes more of a problem; that the existing Ordinance did not require the corvenience store to meet the lot area requirements nor building setbacks of the service station section, with the addition of gas pumps on smaller lots a hazardous situation occur. with little distance between the pumps and existing parking spaces, and that existing requirements are met but are absolute minimum. He said Page 10 - - - - October 1, 1985 the petitioner's arguments are substantive in the sense that it is a function of design when gas pumps are located in conjunction with a :onvenience store. He said because gas pumps are included the building Gust be moved back to 50'. He said the a.endment to the Zoning Ordi- nance does put confusion into the matter, but Staff is compelled to recommend denial because of the amendment. He said Staff understands the predicament of the petitione~ and until the Zoning Ordinance is amended Staff would have to recommend denial of similar situations. Commissioner Holland said it seems impossible for a lot without having a front and a rear to it, adding it would stop controversy if a front and rear were designated to these lots. Mr. James Vensel, architect for this project, explained that Superamerica, the petitioner, is a mini-supermarket which is almost twice the size of a typical conyenience store. He said the firm is basically owned by Ashland Oil, Inc., has:1ocations in the mid-west and this is the first one to be constructed in Collier County. He referred to a site plan indicating the setbacks for a convenience .tore with and without gas pump.. He said this variance does not conflict with the intent that the Board undertook In 1982 because at that time the Board ~, was concerned with the small size being used for convenience stores and lervic:.e stations·., He said, this is a large site and explained the County's requirement of t~e driveway acce..es to be setback 75' from III corner. makes the location of the pumps as shown so there is free traffic access on the site while honoring the driveway requirements. He .aid the Fire Code requires that the operator of the gas facility aust be w1.thin 1:10' frolD the furthermost pump. He said the request Is for the minimum variance necessary to comply w1th all these requlre- aents and only the C-4 setbacks, front and rear, apply to the building. Ue said the service station pumps will be located 1n full compliance with the ZOning Ordinance. Responding to Co..is~ioner Hasse, Mr. Vensel indicated the three accesses on the site plan. In response to Commissioner Vos., Mr. Vensel said there are two single-family ho.... in back of this property and the petitioner will buffer that area with a concrete louvered fence. In answer to Commissioner Pistor, Mr. Vensel explained that the petitioner bas suff1cient island and pump space in which people are encouraged to park, obtain their gas, leave their car and shop. He said there are approximately nine additionðl parking spaces by the 'OO( 090 ~A:! 23 Page 11 .,,'J ~ "~ ,r, c¿ 100C 090,AGt 24 October 1, 19B5 pumps which will provide sufficient parkin9. Mr. Oeorqe Keller, President of the Collier County Civic Federation, asked if enouqh parking i. being provided for people who only want to sh~p and do not want 9a.7 Mr. Vensel respond.d affirmatively, add1n9 the plan will comply with the County's parkin9 requirnents. Co_l..1oaer PI.tor IIOYed, ..cODCSed br Co_t..lolUr Bolland and carried 8ftIn~..I,; that tbe pabllc bearlDt be cl0..d. Co..l..IOMr .1.tor ....d, ..conded by' Co_l..loeer ..... and carried uaaa~ly, thI~ ".ola~lon '5-202 r. 'etltloA Y-8S-25C, J.... I. Y.....l, be ad.pted. .. . . '. '. þ '~, \, ,\ ~ , . . .~ '. . ", Page 12 - .. .. .. .. .. October 1, 1985 Ite. II .RISIWTATIOM RI IUMAMI SOCII'ft'S rlMAMCIAL 'LIGBT - MO ACTIO. Ms. Kay TÞomas, President of the Humane Society, requested that the Board purchase a new van the Humane Society purchased for wild animal rescue. She said the Humane Society is in bad financial strait., has had to reduce its Staff and will no lonqer be able to use the van because there will not be the personnel to take care of wild animal rescue. She said it was her understandinq that the Collier County Animal Control has offered the Conservancy the option of taking over this function for them and it was her hop. the van would be useful for this purpose. She said the van has been custo.ized for animal rescue to facilitate cleanliness and ease of maintenance. , . Re~ponding to Commissioner Voss, Deputy Assistant County Manager Brangaccio explained the past atrangem.nt.between the Humane Society and the County Animal Control ie that the Society had been taking care of wild animals, such as:pe1icans at the Naples Pi.r. She said if this function f~lls back on the Animal Cont~ol it could be done by using the County's requl,ar van. She said the Animal Control Di rector has not .xpr.ss.d any desire to take over this van and absorb it into his operation, adding it is to? customized for County needs. ~s. Thomas såid the çonservancy asked the Humane Society to take " over w~ld anilDal rescue and the Society requ.sted that the Conservancy help them purchase the van but they refused, stating Animal Control was going to take over their function in this r.gard. She explained that the Humane Society veterinarian treats the animals when they are captured because the Conservancy or Animal Control do no have any veterinarians on staff. R.sponding to,Commissioner Holland, Ms. Thomas said the amount of .oney to be considered if the County purchased the van would be $13,000. Commissioner Holland said the Humane Society has done a tremendous job over the years and it would be humane for the Commission to try and help them in this situation. Responding to ComlDissioner Voss, Ms. Thomas said that the Staff has been reduced to three peopl~ in the clinic and three people In the shelter. Mrs. Brangaccio said there are eight positions in the County Animal Control but only two work in the kennel. She said if the Huaane Society cannot carry on its function Animal Control will take ov.r transportinq the animals, adding Staff has not heard anything about the lOK 090na Z7 Page 13 'OIK 090~'7. 2B October 1, 19S5 Conservancy getting out of the treatment of wild animals. Animal Control Director Staudenmeier explained since 1976 one of Animal Control's functions has been transpo~ting endangered and wild animals to the Conservancy. He said approximately six months aqo Mr. Doughty, of the Humane Society, said the Society wanted to take over the project and Mr. Stuadenmeier said he offered to assist them in any way. He said the Huaane Society has been transporting wild birds and AnilDal Control has been transporting wild ahilDals because of the rable. aspect. He said it was his opinion that the Conservancy is still doing, the rehabilitatIon and the ..jority of veterinarian care of injured animals and birds. COID.issioner Hasse said the County should encouraqe the public to make contributions and support the Humane Society in anyway.possible. In answer to Commissioner Pistor, Mr. Staudenmeier said he did not have any money in his budget to purchase the van. He said he planned to replace Animal Control vehicles with trucks with modular units which he has been told are 1D0re satisfactory than vans for the work need,d. Ms. Michele Delgad? explained that the Humane Society is the .only organization to provide a humane educatIon program that'!s availabfe for all the public schools. She said in 1984 this program reached over '~ 4,000 students and 400 adults. She said the Society has a,Pet Assisted Therapy Program where small anima1~ are taken ~o visit the elderly and infirm in health care centers in Naples and the Humane SocIety; Is the ~ . only organization that provides this program I~Collier County. She corrected an earlier statement .by stating that only two people that are keeping the ahelter open and not three. Commissioner Voss said no one questIons the worthwhile work of the Humane Society, however, the problem is that Collier County has no use for the van. Commissioner Pistor agreed with him. Attorney saunders said no action was needed for this item. ····RlCI88a 10a05 A.M. RSCOKYIXIDI 10120 A.R..... . 'rapo n It. It CIRCU. PIMI'f 15-3 UQUISTID .Y t:IWAIIII CLUB or IlAPUS roa 10/2.. , 10/25/15 - Al'PROYID 1UB.71C'1' to PROVIIIOII or RIQUIRID 11'1.... IURln .OIID WAIYlD Planner McKIm explained the request of the Kiwanis Club of Naple. for a permit t~ conduct a circus on October 24 and 25, 1985. She said the proof of insurance, a food establishment permit and occupational license have not been received. She said the KiwanIs Club requests the Page 14 - - .. .. .. .. October 1, 1985 waiver of the Surety Bond and Staff has no objection to that and recommends approval with the provision of the above items. c:o.ale.loner Iolllad ".ed, .eceneS" by Coaaledon.r ....., tblt Clrcu. 'e~lt 85-3 for IlvaAI. Club of Waple. for 10/24 and 10/25/85 be Ippro..d .ubjec~ to proYlaloA of th. proof of In.uranc., I food ..ubU....nt per.! t IDd In occupeUond Uceu. and tblt tb. Sur.ty aond be wlived. Mr. Richard Grant, President of the Kiwanis Club, said he and Past President Michael Stephen were present to ask if it would be possible to waive theapp1 ication fee of $2001 Deputy Assistant County Manager Brangaccio said that Ordinance 75-l1 states that the fee i. non- refundable. Upon call for &be ~.tloa, th. ..tloA clrrl.d anIAI..asly. CÖ~~issioner Pistor said It costs the County money to process the permit. and, although this orgal'llzation d~es civic work, if the application fee i. waived for one organization other group. will want the same benefit and he r.comlDended not waiving the fee. \ , , fl. . ., '. .. loft noon?: 29 Page 15 _.,..,.;-......~............"- ¡; 090~ 31 It.. 110 RUOLUTIOII 85-203 .LACIJIG A , MOIITB RORA1'ORIUM 011 1IfP0RCDlIH'I' or LAIrD U'I YIOLATIOIIS 1'0 Tal ZQIII.o ORDII1A11CI POR CIR'I'AIM AIUA8 IM IMOItALII AJI1) œ DrORCIMD'f or ILLEGAL PADIlla or cavmRClAL VlBICLU I. MP-6, MBSD . JUlRP ZOIIIMO DlS'fRIC'fS - ADOrnD October I, 1985 Planner McKim explained Staff was directed to bring back a reso- lution to implement a moratorium on enforcement of land use violations to the Zoning Ordinance for certain areas in Immokaloe. Sho referred to the proposed resolution and said the moråtorium would be on existing principal use violations for the areas in Immokalee depicted on Exhibit, wAw. She referred to the sa~e exhibit posted on the board. She said the following conditions are placed on the moratoriums', 1. The burden of proof that the violation existed prior to the effective date of this resolution shall be on the property owne r . 2. All building permits ShMll be issued in accordance with the regulations of the existing Zoning Ordinance. 3. The existing uses which are legal non-conforming uses sh~ll remain legal non-conforming, subject to the provisions of the Collier County Zoning Ordinance. " þ Mrs. McKim said the 1D0ratorium would also be p1aced- on the enforcement of illegal parking of commercial vehicles and·~quipment in the RMF-6, MHSD and HHRP Districts.. She said this does not Include the parking of any vehicle in the riqht-of-way. She indicated the areas on . the map where parking of commercial vehicles an~ equipment would be allowed, adding that commercial vehicle parkinq i. already allowed in the VR, Village Residential District. Shoe sa,id the resolution also states that all violations stall be corrected and brought into ::. confor2ance with any zoning standards established by the Board of Count~ COmmissioner. after 10/1/86, and no non-conforming status or other vesting rights shall accrue to any individual based upon the zoning enforcement moratorium. Responding to Commissioner Haase, County Attorney Saunder. said there is no legal prob1eID in imposing a moratorium in a specific area of Collier County, even though the Commission may be granting special privilege in that part of the County. He pointed out that a short terlD moratorium can be ilDpos.d by a r.solution but an ordinance would be required to impose a long-term over more than a few months. He said this reao1ution would be effective for a ahort term until the necessary ordinance to pccpetuate the moratorium ia passed. Page 16 - .. .. -,---~, """ "<I ~ _~~,,,.~.,.,,'_o - - .. October 1, 1985 In answer to Coømissioner Hasse, Mrs. McKim said the proposed moratorium would not allow 1D0bile homes to be moved into the areas, adding that all that the moratorium would allow is that any existing illegal mobile home, as an example, would be allowed to remain until the moratorium is lifted. She said when Staff prepares the Master Plan for Immoka1ee and the øubsequent rezoning it iø her opinion that changes will be made which may .ake the present illegal uses legal or will provldð some mechanism for them to exist. She said thiø was one reason Staff felt the moratorium was appropriate rather than cite these people and make them 1D0ve a mobile home which in a year miqht be allowed to remain. In response to Co..issioner Pistor, Mrs. McKim said Staff plans to start the Immoka1ee Master Plan in October 1985, and estimates it will take néår1y ð year to complete.. . Commissioner Holland said he had a problem with this matter, adding it was hi. opinio~ the moratorium passed by a resolution for a year inst~ad of an ordln~nce could be challenged. Mr. Sðun~.rs said Ståff would have to bring an ordinance back within a few months to formalize the moratorium but it could be ~, effective during that pe~iod of time. Commissionw~ Holland ~aid in the past ImIDoka1ee residents have ~ ind!cated they do not want to be treated differently than other areas of Col~ler County, however, this resolution would allow certain illegal acts to continue to happen. He said the people in other parts of the County lDay be disturbed over this being allowed. He said he dId not see how there can be two sets of enforcement standards. Commisstoner Goodnight agreed with Commissioner Holland, but said the problem is that until March 19S5, Immoka1eø was treated differently because mobile homes ~re allowed to be placed where they were not supposed to be put. She said trucks have been parked illegally for years and, when Staff began treating these situations like they are treated in the rest of Coll1e,r County, the people have had to move thðir vehicles but there is no place to put them. She saId the only thing she asked Staff was to devise a solution until Staff, Immokalee citizens and the Commission could complete a Master Plan for Immoka1ee for rezoning so 1mmokalee can be consistent with the rest of CollIer County. During th~ ensuing discussion Commissioner Hasse sU9gested that the trucks uS.d for hauling vegetables might be parked legally at ;; O9O!a!l 35 Page 17 lOOK 090...&..'=1 36 October 1, 1985 packing houses. Commissioner Goodnight explained that the people use these vehicles for daily needs as well and Commissioner Voss pointed out if the vehicles are parked away from the homes they would not be available for the people to go to the grocery stores, for instance. Commissioner Voss sU9gested that Staff could prepare part of the Master Plan to provide for th~ i1leqal parking problem in six months and Mrs. McKim agreed Staff could attempt this. Commissioner Goodnight described the situation in Lake Trafford Farms partially zoned A-I where a mobile home can only be placed on 5 acres. She said one organization was allowed to build between ten and fifteen homes on ten acres, which is illegal, and a person who purchased the lot next to these houses wants to put two mobile homes on five acres and is not allowed to do it because the zoning laws are now being enforced at her request. She said Staff agrees that this area does not need to be zoned as it is and a moratorium would allow time for the zoning to be changed. Commissioner Holland said it was his anderstanding that the Board of County Commissioners previously told Staff not to issue any more citations until there was a clear understanding on the matter and ~ Community Development Ad.inistrator Mullins státed the only thing ·§t~ff has to operate under, now, is the Zoninq ordina~ce. County Manager Lusk said citations have been issued during the past few ~eks and the requested action is the way to ~r.vent them from being issued. Mr. George Keller said it woúld be wise to have the 1D0rat~ri~ for six months, however, because Immokalee Is a uni~ue community it was his opinion tile area would never completely fit into the zoning applied to the rest of the County. Co..la.toner Goodnlgbt ~.ed, aeconded by Co..laalOAer 'Iatõr lAd carrl.d 4/1, Co..I..loner Bolllnd oppo..d, tbat Resolution 15-203 placlag a 6 .ontb ~rltorlaa on eAforce.ent of land a.. .lo1ltlona to the Zoning OrdlnaAce for certain area. In Iaaokal.e and on enforc..ent of Il1.,al parkl.. of c~rclal ..blcl.. In RXP-6, KBSD and RBRP ZOAlng DI.trlcts .,. adopted. Page 18 - - - --~._.,~~._.",.,.-......,.,.. October I, 1985 It_ 111 IUDGn MllllltD!' 'fIWI8PDRIJIG $35,200 rROM GalUL I'UJID (001) 1'0 C080 PUIID (121) 1'0 COVlR UIIUIRBUIUIID D,aDI'I'URIS, UrLIC'fBD AS A 'fIWIS- ACTIOl rOR Py 'IC-IS AKD &8'fAlLISIMD!' or orrICIAL POLICY RI 'fll 'RO- GRAMS AMD PIRsonlL or '1'111 ICOIIORIC DIVILOPMa1' DIPAR1'JIIDT - A"ROVID Communily Development Administrator Mullins said this item is a request to correct the deficit in the Communtiy Development Block Grant (CDBG) Fund and to establish an 4fficia1 ,01icy relative to those programs and personnel within this fund. She said, as a result of the County's audit, the Fiscal Officer has advised her of an existing deficit within the Section 8 Housing Assistant Proqram. She explained the Section 8 progra. provides rental assistance benefitting eligible low-income families and is regulated by the Department of Housing and Urban Development. .', 'fapo U . Mrs. Mullin. said the Execútive Summory dated 9/25/85 gives details about the situation. She said the Section 8 Program i. not self-supporting and the 8dœinistration of it has required subsidy since , ' its inception in 1982, and the current¡deficit represents that subsidy by Collier County. She said there are currently two positions within the CDeG Depar£.ent, the Housing ProqralDs Director and the Section 8 Counselor. She said it is. not clear whether these elDployes. can be SUb,idized by Cou~ty funds if grant funds run out. She said Staff would like to have an official policy so that the regulating agencies will know what the County stand is. She recommended that the Board approve a budget amendment transLerring $35,200 from the Ceneral Fund (001) to the CDBG Fund (J21), and that this be reflected as a trans- action for' FI·scal Yur '84-85 and that the Board officially establish a policy of commitment to and subsidy of those progralD8 and personnel within the CDBG Fund. Commissioner Voss said the County needs the Com.unity Development Block Grant ProgralD and he did not see how the County could expect to hire someone if that person ~s out of a job as soon as the block grant money runs out. He said the County should go on record as supporting the position to the extent necessary when block grant funds run out and this should be an established pOlicy. Mrs. Mullins said the position of Director is currently vacant. Deputy Assistant County Manager Brangaccio said, in recruiting a replacelDent for the former Direct~r, it makes it easier to be able tell that person he or she will be guaranteed a job twelve months a year aD" O9Op~ 41 Paqe 19 -~.". .~-y,,-' ..., lOll 0901'I~ 42 October 1, 1985 while ~rking on the next grant application. She said there is no money besides grant money for administration and the administration of these programs used to be handled out of HUD's Jacksonville office. She said the entire CBDG Progra. has been turned over to the Department of Community Affairs, adding that BUD used to encourage prolonging grant administrative costs so the County would have money to pay for the positions but the DCA has very strict guidelines on when the grants will be finished. Responding to CómlDlssloner Pistor, Mrs; 8rangaccio said the $35,200 is a reflection of a deficit that has been in existence on the ., books from FY '81-82. She said Staff will return at a later time for the aaount that would b. n.eded in n '95-86. '. Fiscal Officer Giles explained that reimbursement was denied on that grant period of administrative cost and there is a cer~.in am~unt of overhead that cannot be covered by the COlDmunity Development Block Grant. C"'I"lon.r 'Istor ....d, ..coAded by Co..issloner ..... thlt the blldget uend..nt trADIferr1ft9 .35,200 frn. the C.n.ral fund (001) t'o " tbe CDIQ ruDd (121) be approved, that tb. tran..ctloA be. reflected "for rlscal Year '14-15 aDd that tb. BeC officially .~tabllsb . policy of CGellllbeAt to, and .ubsldy of, tho.. progr... IDd peraonne~ within th. CDIQ had (121) \ . Commissioner Holland asked ~here this money will be obtain~d out . of the '84-85 budget, and Mr. GUes sud this tr.naaction would b. . , recorded as a payable to the General Fund and receivable of the grant fUnd as of September 30tb. He said the actual cash will not have. ' . passed because it is beyond September 30th.' He said this is a accumulated total through 6/30/83. Mrs. Mullins said the deficit started in 1982 and the aUdits were i~ 1983. Sh. said once the Housing Proqrams Director has been hired that person will be assessing the needs of the department and,Staff will return with an estimate for the amount of Subsidy needed for the Se cti on 8 prog raID. Mr. Giles said the County has several, grant programs which require a match from the County and when grants are accepted the authorization to subsidize the prograa from the General Fund or the affected fund should be made. He said there are other cases where the County await. reimbursement which draws from the cash of the grant and Staff should be looking for temporary advances to cover that situation. ... Page 20 - - - - .. .. October 1, 1985 Responding to Commissioner Holland, Assistant County Manager Dorrill said through 1984 the County had the International Systems Incorporated to seek grant funds and they were paid on a percentage basis of grants the fir. returned to the County. He said there i. still the need to resolve the issue of administration of the grant proqram once the funds are received. UPOA call for the qae.tloA,· the .0tloA carried unaAlaou.ly. Ite. 112 AIIDIIUDI'J' '1'0 I'LI~ MUQDlEII'J' , YlBICLI MAIftDAJlCl COIITRAC'f AIID RELATED G.UAa1 MID BQUIPIUIr!' LIASB 81mn COLLIIR COtnI'fY AIlD AlIA MAHAalD LOGISTICS SYS'fEMS - APPROVED Fleet Manaqer Director Olliff explained the County currently has a contra~ with ARA Service., Inc. for vehicle and equipment maintenance, adding fhis i. the third year of that contract. He said this request is for the first amendment to the contract to extþ.nd the d~adline two years to t~rminate in 19~9 in order to establish 10nq range qoals for ARA Services. He explained Staff is consolidatinq the shop to a new location on County Barn ROad and the e~tension would be helpfUl. He said ARA has å lease with the County for service vehicles and this =" lease is not clear as fa~ as the vehicles and is more specific for faci1!ties and ~quipment and the Risk Manager had concerns that the seryicé vehicles were not"being covered well enouqh under liability insurance, therefore, Staff has ~ade additional requirements to raise the vehicle insurance standards to $500,000 for both bOdilY,and property liability. Be said the final change is a contract date change so the ann,iv~r..ry date will be October 1st instead of February 1st in order to coiñcide with the County calendar. County Manager Lusk said there is still a clause which would allow the County to cancel on a 90 day notice. Respondinq to Commissioner Holland, Mr. Olliff said the request for a contract extension is in order to make long-range plans. He said staffing changes have been made, adding the contract was not being monitored as it should have been, and he said long-range goals for equipment down-time is being planned. He said Staff feels two years is a short time to achieve all these itoms. Assistant Manager Dorri1l said that anothor reason i. to put more leverage on the County'S sidé of the contract. He said Public Works Administrator Ruck and Mr. Olliff have negotiated a contract that will be fixed in terms of percentage increases over the next threo years at ~~ 09(h~ 43 Paqe 21 lODe 090,.&';{ 44 October l, 1985 4'. He said the target price includes both ..nagement fee, ARAts profit, as veIl as the cost of repairing the vehicles. Mr. Olliff said there is a clause that holds ARA to the target price, adding if they go over that price the fir~ pays 70\ and the County pays 30\ to the Maxl~ua Price which Is 15' above the target price. He said the fira has to pay anything above the target price. Commissioner Holland said he had heard pro and con on this type of service, adding there has been a lot of down-time on occasions, the weed eater for instance. He asked if there"is any penalty for down- time? Mr. Olliff responded affiraatlvely, adding there is a target percentage as far downti~e and out-of-service ti~e. Commissioner Holland said he did not see the need to extend a contract that has two year. to go since there has been controversy on this item. Mr. Dorri11 said he did not believe versy during the past year. He said the excess of SlSO,OOO the first year of the increases in the contract are well below booget. ". C._I..I....r .bter ....eI, ..coA4eel by CoÍllllb.l.ne~· ..... .nd clrrl.d 4/1, C...l.sIOA.r aol1lnd opposed, thlt'the AaeA4"At t. rl..t 'I/' RaDa,..ent and Veblcl. RalnteDance Contr.ct Ind rellt.d g.rag. Ind eqølp.eAt I.... bet...A Collier Coùnty end ARA,Rlne,84 Loglatlc. \ lyatoas be appre.ed. . , that there had been contro- firm saved the County an contract and the percentaqe the increase. in the County .. ".. .~ ".- Page 22 - .. .. " Ã WJll}I..~ 51 October 1, 198 S RUOLftIOII 15-204 AUTIIORIZIMC WA'RR IWIACIJIDT DIRIC1'OR 'fa 1X1CU1'1 AGRIDID'fS 81'I'WID COLLIIR COUII1'J AIID STATI or noRI~ DIn. or IlATURAL RISOURCI8, VIIIDIM CIR'fAIM O'IM818 IIICURDD BY COLLIIR COUJlTf rOR COMTROL or AOUA~IC PLAM'fS ARE REIKBURSID - ADOPTID Public Works Administrator Kuck said this is a request to obtain Board approval of a resolution authorizing the Collier County Water Management Director to sign, on behalf of the Board of County Commi.- sion.rs, .gr....nts with the Dep.r~ent of Natural Resource.. He said these agreements do not involve an expenditure of funds and are only a " lDechanism whereby Collier County Aquatic Plant Control Program receives reimburse.ent from the DHR. He said additional funds have been budgeted for this year for this program. Co_iesloner a.... .".ed, HCOnded by Co_l.8IoA.r 'ist-or .nd c.rrl.d aDanlaou.ly, th.t "solution 15-204 .utborlalAg tb. w.ier Ra","'At Director to ..ecute .'r....At. between Colll.r Coanty Ind State of rlorld. Depar~At of M.turll ...ources, wb.re lA c.rtlln .KPOft8e. IAcurred by Colll.r County for control of aqaatlø p18nt. ~re re labur..d be Idopt.d. '. ,#0 , .~ ,. ,~ , . , .~ Page 23 .. .. .. . ItejJal1 D90 PAGt 56 October l, 1985 IKDGIIICY DICLAIlID, ORDIIlAllCI 15-5. MDDI.o ORDI.AllCI 79-62, 'fHI COLLIIR COUlTY fLOOD PRIVEM'fIOM ORDI.AMCI - ADOPTID County Attorney Saunders said this ia a public hearing pursuant to Section 125.66, F.S. which provides for the enactment of an emergency ordinance with a waiver of notice requirements by a 4/5tha vote of the membership of the Co.mission declaring that an emergency exists and tbat immediate enactment is necssary. He requested a motion to that effect. C...S..loDer ,I.tor ~ed, .econded by'Co..S.sloAer Goodnl,ht, tbat aA e..r,ency be declared ID order to enact an ordSnaAce a..ndlng OrdlDaDCe 71-62, the Collier County rleod 're.entloA OrdlDaftce. In response to Commi~sioner Hasse, Commissioner Pistor said that the Federal Emerqency Management Agency (PEMA) has agreed with the South Florida Water ManagelDent Board who prepared, under th~ quidance of Assistant County Attorney CUyler, maps that lowered the floòd plain heights from what FEMA had mandated. He said the enlarged ~pa have not been received, as yet, adding a map haa been rec~ived on which linea are difficult to assess. Assistant County Attorney CUyler reviewed.the ordinance. He ,said on Page 1, Section 1 and on Page 2, Section 2 are specif!c amendmeñts to the current Flood Plain Ordinance to incorpotate the SFWMD study and 'II' the map and allow Staff to regulate according to SFWMD e1eyations. He said Section 3 Is not associated with the SFWMÇ study and it entails deletion of a sub-section Staff requested be deleted. He said\Section ~ , 4 i6 a general amendment provision to make sure'everything has been covered to allow Staff to implement the SFWMD regulations. He said the . scale of the map under which Staff has to operate is less detail~~ than the Flood Insurance Rate Maps tha t Staff will receive and Section- '5 provides that the Board of County Commissioners' intent in passing this ordinance Is to give a great deal of discretion to Staff so they are not forced into trying to pinpoint a structure when the detail of the map does not allow that. He said if Staff feels they cannot pinpoint a structure because of the detail of the map they have the authority to either deny the permit application or, If It is a situation where a structure will fall between a 7' or 8' level, Staff will give the authority to build at the 8' level. He said the homeowner can wait until the detailed maps are received. He said Section 6 is a Dis- claimer and Notice to the various permit applicants indicating that Page 24 - .. .. -"'.,-".....<;.~.__._"'_.. .. .. .. October 1, 1985 Collier County is under interi. regulation at the present time and if they want to be permitted under these circumstances they have to take the responsibility if there is any change in the Flood Insurance Rate Maps when they are received. Be said Planner McDaniel, who handles the floQd variances, feels he can ..nage the floQd plain regulations pursuant to this ordinance. Responding to Co.missioner Hasse, Mr. Cuyler explained that the Board of County ComlDissioners felt the VEMA elevations were too high and not supported by current scientific methods currently in operation. He said the Board contacted the SFWMD and requested they determine what the correct elevations should be for Collier County and this was done in a separate study. He said this study was submitted to the lEMA and the County indicated the elevations contained therein were the correct elevations for flood surge and the VEMA took 18 months to review the study.~He ..id rEMA has stated they will accept the SFWMD's elevations " .... as the correct hurricane elevations for Collier County. He said when the detailed ..ps are rec_ived he will request that the Commissioners incorporat. those ..ps into an ordinance. He said the elevations in question are supposed to be above the 100 year storm and would be above day-to-day flooding. ,~, Upon c.l1 for tbe ~.tIOft, tbe ~tlon c.rrled anaAl.oa.ly. '1'.,0 IS ~ " Co_ta.loAer .0U.Ad·...e4, .ecoD4ed by eo_I..loÞer .I.tor .nd carried uaan~u.ly, th.t th. ordln.nc. .. nuabered and eAtltl.d below be adopted aDCI .ctere4 lat. Ordlnanc. look 211 ORDIIWICI 85-54 All DlUQDCY ORDIIlAJlCI MDlDIMO COUlD COCßI'fY ORDIIlAJlCK .0. 71-62, 'rB& COUIIR COUII'fY rLOOD PRIYIII'fIOM ORDIIWICI, AJlDDI.o SIC7IC. SIX or SAID ORDIJlAllCI, JUlDDIMO SEC'I'IOM IIG8'f or SAID O~IKAMCI, DILlTIMG SUlSIC'fIOM 12(1) (3) (ly) or lAID ORDIIWICI, ADDI.o SIC'I'IOII 'l'WEII'n-rOUR 'fO ..OVIDI POR A GIllIRAL MDDltD'f 'ROVISIOM, ADOIMG IIC'fIOM 'I'WIII'fY-rIYI '1'0 PROVIDI 'f8AT 'fBI c.Isr ADMIMI8TRA'I'IYI orrICIAL IS GIYlM OISCRnIOM I. 'IJUII'fTIIIG, ADOIIIG 81C'fIOM 1'W'III'n-Itx '1'0 .ItOVID& rOR .OrICI 'fO 'IRKI'f AP.LICAII'fS, PROVIDIIIG rOR COMPLIC'f AIID SIVIRABILIn, PROVIOIIIG All IrrlC'fIYI DA'fI. lOOK 090 PAGE 57 Page 25 uip.n90 PAt;{ 58 Octob.r 1, 1985 ROUT:.I .ILLS - APPROVID POR 'ATMIMT Pursuant to Resolution thro~h September 27, 1985, CHECK DESCRIPTION V.ndor ...R&CISSI 11122 A.R. 8l-l50 the following checks were issued in payment of routine bills: CHECK NOS. AMOUNT 133782 - 134044 $3,913,403.93 RlCOMYIMIDI 11124 A.R.... Ite.'U 'UDGE! ARIIDREITa 15-4.1/445, 15-.'7/451, 15-454/457 AMD 15-55' - ADOrnD CO.....loMr ,i8tor ......d, ..coAd.d by Co_is.loner Goodnl,bt an4 carrl.d unanl..u.ly, that 1ud9.t A8end..nts '5-441/445, 15-447/451, .5-454/457 aAd 15-55' be adopted. It.. 117 RISOLUTI01I 15-205 RS UDIS'fRIC'I'IMO USIIIG MAP -A- - ADOPTED Deputy Assistant County Manager Brangaccio said the redistricting issue has been placed on the agenda at Commissioner Pistor's request. She said, a1thouqh there were no special advertising requirements,~ Staff placed an ad in the newspaper on 9/29/8S~tating that notic. wåa given that the Board would discuss and vote on' the subjêct of redi;- tricting at this meeting. She said the ExecutiÝe Summary dated 9/23/85 '~ explains that the Minutes Department notified Staff of the,spec1al advertising requirements that app1~ if the Boa~d votes on redistricting this date and these would be followed. She said a copy was in~luded in ~ . the back-up of the geo-c.l1 data utilitized for' the Planning Staff's prior presentation on redistricting to the Board, adding that the only , ' . criteria utilized by Staff, at that tim., was that the geo-cell é~dlng system would be the method utilized. She said the Bureau of Econömic and Busines. Research of the University of Florida has verified the geo-ce1l population projections with their estlmat. being llS,22l people which results in 23,032 people per district and Staf~ aimed at 23,000 per district. She said the current month's data that would be utilized was November, 1984. She said mapping would begin by using the existing five boundaries rather than completely recreating the. and each Commissioner's residence would be kept within their respective district. She said the population would be equalized within each district, adding when Staff started with the geo-cel1 information the population variance was 9,815 between the existing district. and the Page 26 .. .. .. - October 1, lU5 plan Staff has presented in the past shows a variance of 313 people. She said the group of people wh? were present at the Board meeting approxiIDate1y a month ago did bring a suggested redistricting plan to Staff. She explained Staff has taken that plan and checked the population figures and placed it on a map for the Commissioners' consideration, but Staff is ready to represent their original plan of Redistricting ~~p wA-. Planning/Zoning Director Pettrow explained Staff prepared a Redistricting Map with a target population of 23,414 people in each district. He stated the hand-out he gave the Commissioners contains a matrix which shows the small difference between each Commissioner's District. ,He said Map WBW was prepared by a citizens group which they believed would be an aggregation o! geo-cel1s that would retain some of the Golden Gate Estates area. He indicated District 3 on both maps and showed'~he area of District 5 on Map WA· which extends into East Naples. He uid in District 3 on Map -A· ;'the population would be 23,442 and on Map -8· there would be an increase of 61 people which Is insiqnificant. He said the population in District 5 on Map WAW would be 23,367 ~nd on Map ·Bw the populatio~ would be 23,306 which would be a nominal difference. Commissioñer Haase said the Commission received petitions from Golden Gate Estates residents stating they did not want to be separated from District 3. He said.he saw nothing wrong with keeping the people " in tha~ area together in a harlDonious type of district. He said the proposed population in District 4 is 23,562 people which i. a consid- erable aøount more than the other Districts. He said the people of Golden Gate Estate. and Golden Gate City are presently cooperating together and'~hey would continue to work together. He said the people in that area did the realignment that resulted in Map w8w and he requested that the,Commission try to accommodate the wishes of those people. He said Hap WBW provides District 5 with a comparable amount of people. ComlDissioner Goodnight said when she ran for office for District 5 she ran from an agrarian society, adding that Immokalee and the majority of District 5 has alway. been an agrarian .ociety. She .aid District 5 should remain that way and should not be involved in the urban part of Naples. She said Map wB- would mean District 5 would contain Kings Lake and added .she took offense at that. Commissioner Pistor aqreed that Di.trict 5 has been the agrarian lODe 090 pm 59 Page 27 --~--,-------.."._--._... ,- aOll 090 ~ 60 type of popu1ati?n. He said the people of Collier County vote area-wide for the Commissioners .nd any particular district has no effect on people 1ivinq in the district. He said Golden Gate City and Golden Gate Estates can work together just like the people of other a.e.. of the County work together. He said Staff's work that resulted in Map ·A· is . great improv....nt over the districts of the past and is a step in the direction of having simplified districts. COlDmissio~er Holland .aid he would not vote for either Map wAw or -S·, adding he had strong feelings regarding the method used to arrive at the population numbers. He said there are two procedure. that have been widely used throughout Florida and the nation and there is over a" 25\ differential in the qeo-cell count and the method of the power company meters. He said with that much of a differential some check should be made of the figures. He said he was told the 19~O census and building permits that have been issued in the different area~ ~re used to arrive at the geo-cell count. He said he was told there is in excess of 5,000 living units in Collier County that are not inhabited .nd asked where they are and if they were taken Into consideration In the geo-ce11 count? Responding to Com_issioner Voss, Mr. pettrow explained that ' " ." revenue sharing figures are based upon the Unlv!rsity of'Florida's figures that deal with building permit. and a number of o~er data and are not based upon, per se, the geo-cells Staff used. ~ Commissioner Holland said whin only one method is used to come up , \ with the redistricting proposal with the differ~ntial of 25,000 to 30,000 people it would be wise for the Commission and Staff td look at other methods for so.. verifica~ion. Mrs. Brangaccio said the population fiqures that Staff'. geo~cell method provided as of NovelDber 30, 1984 were 117,071 people and the estimate that Mr. Pettrow just received from the Bureau of Economic and Business Research in the University of Florida for April, 1985 is 115,221, a difference of less than 2,000. Commissioner Holland said the Bureau of Economic and Business Research stated in a letter that the method they use is a geo-cell count updated by the building perlDit.. Mr. P.ttrow said the Bureau al.o uses other criteria that Staff did not us.. Commissioner Holland asked why the lDethodology stat. and nationally has not been used by Staff and the figures u.ed nationally by the Bureau of Cen.u. October l, 1985 that has been u.ed Mr. Pettrow said are done by the Page 28 .. .. .. -_._-,;.",~.,_._-<."""".>-, ,." .-............- .. ~ .. October 1, 1985 Administrative Ru1.s methodology. He .aid the University of Florida has looked at a number of D8thodologies and the one they presently use has the least amount of error over a l~ng period of time and seems to correspond most closely on census count with that of th. U. S. Bureau of Census. He said Staff will look into different methods further if the Commission so desires. Co.missioner Voss said the COlDmi.sioners represent all the people in the County. He said he thought there was a good reason not to have an urban district in the Im.okalee District because with the weight of population it is conceivable, at some future date, that there would not be a representative from I.mokalee. Hr. George Keller said that the consensus of the people in the Golden,Gate area is that they do not want to be split up, even th?ugh they reiiize the area is expanding so fast the population will not be able to be contained into one district eventually. He requested keeping the people with the same desires and livelihood Into one . ~ district. \ . . Co_l..i..r Goo4AIgbt ..ed, .ecónded by eo_b.loner ,I.tor and oarrled 3/2, Co.-I..lon.r. ..... and Bolland oppo.ed, that "solation ", .5-205 ratal'dl.. re4btdctbCJ, U11aCJ Map -"-, be adopted. <;olllad..ione\", Hasse suggested that Suff investigate another methodöloqy to determine þopu1ation and Hr. pettrow agreed that Staff will lOok at the validity of the geo-cell methodology as opposed to sOllie other .ethods. , . "III 090 ..,~ ôI Page 29 ;ö; 090 f'A'.t 72 n_ UI RISOLU'fIC* 15-20' APPOIII'fIIIG R08I1t'1' II....IRMII, JAIIIS S'fACIPOOLI, KARL CORLIY, R. PRlDIRICI IIYZS, IDWARD J. OATIS, AIUIOLD GLASS, WILLINI G. TRACY, JACK W. JOIlllaœ, JR. UD JACIU WILLIAMS '1'0 COLLIER COUll1'1' .LAJnlIIIG COMIS8IOM - ADOPTID. ccre TO 81'1" TERMS or orrICI OCtober 1, 1985 Commissioner Voss said the Board of County Commissioners passed an ordinance at last week'. aeeting creating the Collier County Planning ColDmis.ion and, at that time, it was deterlDined that each Commissioner would nominate people to the CCPC for Board.action. Durin9 the discussion that ensued, County Attorney Saunders read from the ordinance which states that the Board of County Commissioners shall designate seven members frolD the regular members and/or alter- nate. of the CApe, and two melDbers from the regular members and/or alternates of the IAPC. He explained for reappointments there will be two people fro~ each District except District 4 which sha11"have one representative. Commissioner Pistor nominated Robert Zimmerman and James Stackpoole. Commissioner Voss nOlDinated Karl Corley and Arnold Glass. . Tape " Commissioner Hasse nominated Edward J. Oates and R. Frederick Keyes. Commissioner Holland nOlDinate~ William G. Tracy. Commissioner Goodnight said none of the fíve IAPC members,desired to serve on the CCPC, however, there were three;respons.s from an advertisement for a vacancy on ~he IAPC. Of those responses, she nominated Jack W. Johnson, Jr. and JackirWillialDs. eo.al..loA.r Bolland ....d, ..cond.d by eoa.l..lon.r ,I.tor,nd carried anaAlaoaaly, that ....lutlon 15-201 appointing tb. abo..-na.ed poopl. to tb. ccre be adopted. Commissioner Voss said that the ordinance states that the CCPC members will decide what the teras of office will be for each lDember. '>;' " Note: Resolution not received, (See Resolution 85-209 10/8/85) Page 30 .. .. .. " October 1, 1985 ...Tb. fOllovlnq It... ..r. .ppro.ed and/or .dopted und.r tbe COA8oAt Atea4. by ..tIOA of Co..l..loAor GOodnl9bt, .econd.d by Co.al..loner ,I.tor and carried un.nl.ou.1y.··· Ite. 119 A'f'fIllDNICE or l.rOIUlATICIII PROCES8111G SPECIALIST TO 1.8.R. SUlIIIAR, 10/21-25/15, I. DALLAS, 'fIXAS, TO KAI.TAI. 8UILDIMG PIRMIT SYSTIR AT COST or $1,111.00 ., It.. 120 RCOII . ASSOC., A. GAIL ~ . ASSOC. AIJD AR'fIIUR J. .EUMAIIJI RAllUD '1, '2, . '3 AS COIISUL'f11lCJ LAIIDSCA.. ARCBIT&C'T8 POR PRIPARATIOII or MASTIR LAJlDSCAPIIIG ,LAJI, UP 1145, RI GOLDIII GATI 'ARlWAY BEAU'fIrI- CAT I 011 DIST., GOLDIII GATI .ARDfAY 8EAU'fIrICATIOII ADVISORY COIUII'fT1I 'f0 allGOTIATI A COMTRAC'f rOR 'l'B1 'Ro.:IICT WITB 11 QUALUIID rIM Ite. 121 , ' A'f'fDIWfCI or rLI~ IlAUaKMIII'!' QIRIC"!'OR TO JIO'fOR VlBICLI/EQUIPMDI'f MAalAGIMIHT WORKSHOP, 10/lS-1E/8S, ATLAIITA. GIORGIA, AT COST or '835.00 It_ 122 , . BIGllfAY RICBT-or-WAY All]) CQMS'fRUC'fIOll AGRIKMIII'!' WITS .IMB RIDGI D'fIRPRISIS, IMe. rOR ,I.I RIDGI ROAD IRPROYIII&II'I'8 BI'fWIa u.s. .u . AIRPORT-'ULLIMG ROAD See ;~g.. ð'S-:- q ð Ite. 123 ~ " run' IlAllAQUIII'!' 8UDG~ AllDDKIII'!' IMCav.s11lG O.IRATIIIG u.nsu TBROUGB IIITER-DIPAR1'IIIIITAL RnlXUll, PUlL TAX RDA'fI1 MOT BUDG~.D MID RI8IRVlS I. AMOUNT or '70,000 rOR RlMAI.IIIG .ORTIOII or rr '14-'15 It.. 124 RICLASS1PICAflCIII or aGlMID I I. UOI.IIRIIIG DIn. TO DOI.ID 11, 'AY GRADI '-15, IrrlCTIVI '/21/15 It_ 125 " .URCBASI or u'U.CIJIIØ'f nlICLl, 1916 CBIVROL~ 8LAJD¡ PROM BOI 'fAY LOR CBIYROLIT, rOR I»GIMIIRIIIG Din. 011 QUOTI rOR $12,641. 4 It.. 12' All.EllØlIII'!' TO AGRIIJIIIII'!' WITS n.oRI~ DIn. or IIA'fURAL uaOURCIS POR 'fBI IMeLU8IOW or I.-&I.D IEBIcn AS All ELIGIILI KA'fCB RI DIVlLOPMD'f or LAlI TRAJ'rORD 'ARK See pag.. q / - 9 ;;1. lOGe 090 m!: 73 Page 31 ---,...,---~'_..¥'... .~"~'_..''''_.'..~ '-~ '.-'. --~.. ._. "'-'~' -~'_.- ""--"'~~-'--''''-'- '. I';' ßOOPIGt 74: October I, 1985 RDDfAL or II&DICAL Cœ&1JL'fIJIQ COIn'1tAC'f BnwlD ROBER'I' BOYD 'fOBIR, I.C. AMD COLLIIR COUM'fY IM AMOUM'f or $24,000 AMWUALLY See Pa9" q 3 - q ;¡ It.. 121 rlSCAI. 1'IAJt '15-'" CCIIITRAC'f AMI) CASS CC»UIITRD'I' 1'0 'fRI-COUIITY SDIOR SIRVICIS IM AMOUK~ or $15,474.00 See pag.. qf? - /0 ~ It.. 12- rI8CAI. YIAA '15-'" COWI'RAC7 81'N1D II&DICAL IXAJIIMU'I CC»UIISIIOII AlII) COLLIIR COUMTY 1M AMOUM'f or $16,056 See pag.. 1t:).3 -107 It_ 130 - , AQRUIID'I' 81'nf1D If()()I)UXI 'AIt11IIUBIP . 11IVI8'fORS L'rD. O. IIORlfAL&, UK:. AlfD COUIITY WATIR/SIWIR DIS'f. POR III'fIRIR SIWIR SIRVICI WITBIM 'fll .ORT-AU-'RIMCI IUBDIVIS10II See P_gu loR - /09 It.. 131 , RISOun'IOII 15-207 RI PAUla COfUIUJIICA~IOIII, IIIC. A8SICbDlIII'1' or rRAllCBISI ~O SOU1'l 'LORIDA CA8LIVISIOM, IMC. ," See P_g.. / / () - / / /, .. ite. 132 ~ CHAMQIS TO rISCAL YEAR 1'15-86 'AY 'LAM A~ ~O'fAL COS'f or $2,516.00 Ite. 133 . .,. DOM'fICIII or IUR.LU8 COPJD IDIAL 11533-'10-113 1'0 !MODL&I 'IIlI" DIPAR'I'"n~ It_ 134 EXTRA GAIM ~IRI POR IMRA'I MOS. 2107', 22081, 387.7 . 33250 It.. 135 DUPLICA'f1 TAX CIRTIPICA'f1 MO. 5211 ~O WILLIAII IIARJIS AlfD MOS. un, 4371, 3331, 4357, 4363, 4376, 32'7, 4361 . 4366 1'0 V. R. 'ALRIR See Pages / /do- - / d. / Paqe 32 - - - " ,.. October l, 1985 It.. 136 RISCILLAMIOUS CORRISPOIDIMCI - rILID AMD/OR RlrlRRID There being no objection, the Chair directed that the following correspondence be filed and/or referred as follows: l. Copy of letter from Tom Lewis, Jr., Sec., Dept. of Co~munity Affairs re Proposed Amendments to Rule 98-25, F.A.C. FL Small Cities Community Development Block Grant Program and proposed Rule 9d-35, F.A.C., Housing and Neiqhborhood Revitalization Categories, plus copies of the Rules. xc: Mrs. Mullins. Filed. 2. Notice from DER dated 9/l0/85 transmitting a copy of applica- tion No. 111046719 for activities in the Waters of the State of Florida by applicant, Vanderbilt Beach Rrsort, Inc. xc: Mrs. Mullins and Dr. Proffitt. Filed. Copy of memorandum dated 9/6/85, to Budget Officer Zalka fro~ Fiscal Officer Giles ~ransmitting analysis of 1985-86 commis- sions on ad valorem taxes and occupational licenses to be paid to the Tax Collector. Filed. 3'.. . 4. ÖOpy of memorandum dated 9/6/85, to County Manaqer Lusk from 'Fiscal Officer Giles re Lely Utilities, Inc. interim financing. Filed. : " 5. Copy~of letter dated 8/7/85, from James J. Bracher, Exec. Dir., Florida Hospital Cost Containment Board, enclosing copy of the· ~985 Hospital Budget Data Report. Piled. " 6. Copies of lIinutés. Filed. A. CAPC/CCPA for 8/15/85, 9/5/85 and CAPC agenda for 9/19/85 B. CCPA 9/5/85 public hearing on Adoption of the Big Cypress Area of Critical State Concern Element as an Element of the Comprehensive Plan ~. Collier Soil and Water Conservation District, 8/27/85 7. Notice of Hearing dated 9/18/85 from PSC re Docket No. 850155~S-A, Limited Proceeding Rate Adjustment for qua1ifyinq water and .ewer utilities in Collier County to allow recovery of regulatory assessment fee. xc: Mr. Saunders and Mr. Crandall. Filed. 8. Copy of South Florida Water Manaqement Annual Report, Octo~r 1, 1983 - September 30, 1984, received 9/3/85. Filed. 9. Letter dated 9/12/85, from Stephen J. Kozman, Dist. Aviation Enqineer, Public Transportation Operations, Florida DOT, re Naples Community Hospital Emergency Helistop, Collier County, encl?sing a copy of a Notice of Intent re same. xes Mr. Lusk and EMS. Filed. 10. Notice of Intent received 9/16/85 from R. L. Greenup, Dir., Public Transportation Operations, Florida DOT, re Napl.. Community Hospital Heli~top. xc: Mr. Dorrill. Filed. &ODK 090 ~n: 75 Paqe 33 100( 090!'17.. 76 October 1, 1985 11. Copy of lett.r dated 9/l8/8S, from Charlotte M. AdalDs, Acting Raq. Admin., Urban Mass Transportation Admin., U.S. Dept. of Transportation, re Participation of Private Mass Transporta- tion Operators in the Transportation Planning Proc..s. xc: Mr. Perry. Filed. It.. 137 ORDIIWICI IS-55 II'fULISII.o ROAD IMPAC'I' PlIS rOR ALL nPlS or DIVlLO'- 1UII'f, IrrlC'l'IYI WIlD rILED BY SICR.I1'AJrf or STATI, IMCLUDI.o rEI SCUDULI 1 - ADOPTED WIR AIrf MODIPICATIOII 1'0 'fBIS ORDIIIAJICB 1'0 CLEAR UP AllY MISUKDIRSTAMDIIIG 1'0 TUB PLACE I. 'fB1 .EXT MOIITB Legal notice having Leen pub1i.hed in the Naples Daily News on September 5, 1985, as evidenced by Affidavit of Publication filed with, the Clerk, public hearing was opened to consider a proposed ordinance establishing road impact fee. for all type. of development in Collier County. Commissioner Vo.. .aid the purpose of this item Is to ~Iscuss impact fees. He .aid he concurred with the po.ltlon of the Chamber of Commerce that the Board of County Commi.sloners should select a committee of lay people to look at the overall needs of th.County and determine what if any future ilDpact fees should be levied and for ~hat purpose. He said he did not think this applied to road impact fees," however, .ince there has been a committee of lay people' ~ho worked~on the subject for some months and issued a report'and a IDlnority report. '~ He said the difference between the two reports was in the ,number of dollar. to be charged as an impac~ and both report. agreed an impact fee was needed. . Commissioner Voss a.ked tho.e people who WOuld like to serve on the committee he mentioned pre~lou.ly to send a letter to the -. , Commission and he hoped the Board will be in a position to name ~eople to that committee which will have a six month tíme limit to complete the work. Transportation Director Archibald said 9rowth is effecting the County road system. He said Collier County I. in a transition from a rural road system to an urbanized road system. He said Staff has done much of the planning necessary to identify the County's long-term needs and the funding needs. He said the County has gas taxes that have been approved that are planned to address the majority of the County's long-term road construction need., however, there i. still a shortfall. He said based upon the present planning standpoint Staff is in a position to consider other fee. and revenue .ources. He .aid the only viable alternatives for revenue are ad valorem taxes and road impact Page 34 - - - .. .. .. Octobe, I, 1985 fee.. He .aid Staff believe. road impact fees are more user related and 1D0re .ensitlve to growth in the area than ad valorem taxes. He said Staff has written the road impact ordin~nce and .ome of the provisions are a. fo110~s: 1. Collection of the fee a. part of the Building Department permittinq proce.. with payment by owner and not necessarily the oriqinal develope~. provision for credit where developer elects to construct the future road need. and gain a fee reduction. Trip generation (and therefore travel ilDpact and appropriate fee) distributed between both residential and commercial land use.. " 2. 3. 4. . 5. ó. Estab1ishøent of .eparate districts which are easily defined to ensure that future road construction projects benefit the fee payer 8. .. Limitation on the time frame for u.e of funds, funds will be refunded, generally within 6 years if not utilized. , . Mr. Archibald 8aid there i8 a provi.ion for implementing the fee ba.ed upon receipt of notice of the ordinance being filed with the Secretary ~f.State. Mr. Archibald ,eferred to the two fee .chedules in the Executive Summary dated 10/1/85. He said Fee Schedule I represent. the ,evenue. that are necessary based upon exi8ting funding of the County road program and are the maxi.u. fees that can be charged at thi8 point. He explained Fee Schedule 2 which .hould reflect a reduction of approximately 29' is a fee 8chedu1e established in accordance with information outlined in the Road Infrastructure Committee Report. He .aid this fee schedule is lower than Schedule 1 but would generate revenues that would meet the majority of the County's 10nq-terlD capital road need.. Mr. Archibald said that'MPO Director Perry 18 present this date to respond to questions as well as Nancy Stroud who played an important role in the writing of the impact fee ordinance. Commissioner Voss referred to the provision regarding refunds and ----.....,.<,..-...".,-..""'. ,..",,,><,..,,,---,,,,.. 'Fee system to reflect different types of profertf usage with the corresponding fees based;on trip qenerat on nformation. 7. provi.ion for a mandatory review of the ordinance every two years. ~. At the "he payer" s option, the he can be determined from the approved schedule or through the use of a traffic ilDpact stat...ent. aD~ 090 °A~ 71 Page 35 -,~,.''"..._..~..._ ""'<I "III r 100C 0901'.\"- 78 October 1, 1985 asked if this meant the money must be spent or committed within six years? Mr. Archibald said he assumed it means committed. Commissioner Pistor asked if a road is necessary in a given area of the County but there is not enough impact fees to construct it where would the balance come from? Mr. Archibald said the primary source of funds will be gas taxes and the impact fees will be used to supplement the gas taxes. Mr. Ross Ohley, President uf the Naples Area Chamber of Commerce, referred to Mr. Dudley Goodlette's submi.sion of a position paper at a workshop in August followed by a written report supporting that position. He said the ChalDber is not necessarily aqainst impact fees ., but the position of the Chamber is that all major capital needs be defined and all sources of taxation be considered. He', said the Chamber recommends a study of needs and available taxation sources by May I, 1986. He said the currently proposed impact fee ordinance app~ars to be pOlicy set by budget staff to be carried out by the Commission which is not the appropriate sequence. He said reasons for delaying enact- lDent of a road impact fee now are that the money is not needed this year; the Commission's Infrastructure Committee made a super analysis and logical recommendations which included six'or seven funding sourées , .. and new taxations to be considered but these have not been fully con- sidered by the County, when ilDpact fees are established i~ other com- munities they have always increased quickly and impact fees are inherently devisive in any communfty and pit part of the communty \ against other parts. He said the Chamber of Co,merce suggest~ that the Board of County Commissioners appoint a wB1ue Ribbonw Citizens Commit- tee to consider all alternativ~~ of reve~ue sources and pre.ent thelD to the Commission not later than May 1, 1986~ . The following persons supported the position of the Naples Area Chamber of Commerce citing a concern about the effect of the prolifera- tion of impact fees has on a healthy County economy and affordable housing, that funds are not needed for the next two years; and that the Legislature may allow local governments to have more options for revenues: Tom Shields, President, Collier County Builders and Contractors Association. Clifford Barksdale, Chairman, Infrastructure Committee Scott Browne Bill Schreck Wayne Sprouse Edward r. McCarthey Bill Jones Page 36 .. .. .. --,--,.«..".-'""',""............ ><.~,-_."'---,.."""'----~....,-~-~-.' October 1, 1985 HerlDan Moll George Ebel Art Davh Robert F. Lyle 'l'a,. '7 Don Barber, who helped author the Infrastructure ComlDittee Report, distributed slveral page. of that report to the Commis.ioners which he Nodified to include the 6 cent gas tax passed .ince the Report vas issued and expl~ined the resulting reduction in the short-fall and change in revenue. The following persons spoke in favor of the proposed Road Imp~ct Fee Ordinance citing the revenue 1. needed now; that içact fees are fair; roads are needed to support growth, and qrowth should pay for i.pact on roads: Councilman Lyle Richardson Cóünci1man wade Schroeder Chár10tte westman, repr..e~ting the League of WOmen Voters Betth Gu1acaik , Aggie Myers, representing Lake Champagne Homeowners Association Georqe Keller, President, Collier County Civic Federation Viola 'Barclay, r.pr~enting the League of Women Voters Gina beKlrtin Hahn, ~resident of' Womens Republican Club of Naples Federated Pat Pilcher Jackie Buu1 Georgia McKinney, representing Golden Gate Estates Civic Association Mr. Bob Tiffany expressed conc.rn about the effect impact fees . . wouid ~ave on affordable housing. Attorney Donald Pickworth, a .ember of the Infrastructure ColDmittee, questioned the language in the proposed ordinance. He said, in the ordinance, the fee is not payable necessarily at the Building Department' pel.itting process because It i. payable at the i.suance of any permit or approval required for the development and prior to any actual development, which makes the fee payable at the point of rezoning. He said'the ordinance .tate. the developer can enter into an agreement with the County Manager regarding the payment of the fees and the ordinance contains no standard. with respect to vhat the agreement i. to contain, how the payment .chedules are to be worked out and contains no method by which the matter can be adjudicated before the Board of County Commissioners if the developer and County Manager do not reach agreement. He said these technical is.ues should be addressed. aOM 090 PAGt 79 Page 37 í I I aoolC 090 PA!it 80 'fape. II , " October 1, 1985 I , I I I I I t I I : ; I , I I , I r I I j , I I I ¡ f I I I I , i I I I I I I I I . t' I I ¡ I J r i I I Mr. Rusty Elferdink said l.pact fees are not fair to the building Industry. Mr. Jerry Bourgeois .xpre.sed concern for young people if an Impact f.e is imposed. ···RIe"'1 2150 .."~ RICOIVIMID. 3.05 ..R.... The following persons spoke in oppo.itlon of the proposed ordi- nance stating an impact fee will aak. It difficult for young people to own a hOlDe, th~t users fee. would be pref.rab1e, the ordinance Is discretionary, and not equitable: Gary Carlson Chuck Carr Ronald Bell Phil Wood Hr. Don Pellegri pointed out there are places in Southwest Plorida that have good roads but have no homes. Commissioner Voss asked Hr. Archibald to address the statement that was made by the speakers that there is sufficient money to build needed roads for the next two or three years. Mr. Archibald said the funding sources the County has are on . cash flow basis and, although a few projects a,e planned to be " undertaken in the upcoming year, he will return to the Board in ea;ly 1986 to request financing help because the 1D0nies coming into the '~ County as qas tax fund. co.e in every month. He said the funds are not received in one lump sua and because of the ca~h flow basis the County will not be able to start so.e needed projects. He said there\are not ~ . enough funds to .eet the County needs in the ne~t two or three years. ColDmissioner Pistor said Mr. Archibald does not have the money In the bank to pay for the projects he has scheduled and that he i~~ counting on income he feels will come in, to which Mr. Archibald'- agreed. He said he has to have sufficient money in the bank to cover the whole contract when the contract i. let. Responding to Commissioner Holland, Mr. Archibald said the projected need over a ten year period iB approximately 67.5 lDil1ion dollars or an average of about 7 million dollars a year without including an inflation factor. He agreed 20' of the revenue needed is available, adding both Fee Schedules take into consideration 4 cents of the 6 cent option ga. and is shown in the third column showing dollars per unit. He said the Fee SChedules are based upon construction costs and do not include any right-of-way cost. He said Staff hopes the rights-of-way will be paid by developers for future projects. '. Page 38 - .. .. - - - October l, 1985 Co.mi.sioner Holland asked how a fee will be levied on a travel trailer and Mr. Archibald explained 1D0st of these will be levied by space or unit in each travel trailer development. Commi..ioner Holland said he did not .ee any provision for school., or churches, day-care center. and asked if they are to be exempt? Mr. Archibald said they are not exempt, with the exception of sch?ols. He said the definitions set forth in the zoning ordinance would be used for the other uses and the Fee Schedule could be expanded to cover other uses, if nece.sary. Responding to ComlDissioner Holland, Mr. Saunders .aid Section Four of the proposed ordinance contains a list of different types of devel- opmonts with a set of fees and the ordinance provides if a development is not of a type listed the amount of the fee may be determined by the use of~ Traffic Impact Stat...ent. He said all type. of land develop- ment are covered in the ordinance. In answer to Commissioner Holland, Mr. Saunders said he disagreed with the comment. made r~9arding a deficiency in the ordinance in that the Board 'of County Commi~sioners would have no involvement in setting fees. He said according to the ordinance a developer has a certain time period in~,whicb he, must pay an as.e..ed fee and if he chooses not to pay the fee at the zoDing proce.s he can enter into an agreement with the County ånd the Board of County Commissioner. must approve that agr~emént. He referred tó Section Five, Paragraph B, which .tates the County'Manager or his de.ignee is authorized to enter into an agreement upon the finding of the Bo.cd of County Commi.sioner. that adequate security has been provided and that delay in receipt of the fee will not preven,t 1:.,he con.truction of capi t.al improvements for roads needed. He .aid he did not have any .ignificant problems with the way the ordinance has been drafted. Commissioner ho1land asked if road building required by the several larqe developments racently approved by t.he COlDlDission have been taken in con.ideration in the County's need., such as the turn lanes on Radio Road? Mr. Archibald .ald those items would relate to site-related improvelDents and they would remain the responsibility of the developer to provide access improvements and would not be affected by this ordinance. Mr. Saunder. referred to Page 10, of site-related improvements. He said credit for site-related ilDprovements. It.. wMw and read the definition a developer does not receive a He said credit could be given If a~; 090 ",,'-t 81 Page 39 __."_~",,,,~..,_.___.."-",,_r_,_"_'''_'___ .;'ox 090'A'4 8? October 1, 1985 there is a dedication of land for rlqht-of-way that is not associated with an internal road system. Mr. Archibald said an example of a credit would be if a developer builds the first two lanes of an arterial road. 'I'ape 110 Responding to ComlDissioner Holland'. question regarding continua- tion of Goodlette Road, Mr. Archibald said that the cost of the Improvements for this extension that developers undertake will reduce the impact fees that the parcel owners woul~ pay as the development occurs. Commissioner Holland asked about anticipated income and Mr. Archibald said that the projects proposed for construc~ion include extenBion of Pine Ridqe Road and Airport Road. He said Staff plans on receivin9 enouqh money in the upcoming year to pay for those projects, but on Pine Ridge Road designing Is being done for a four-1åne, road but only a two-lane road is planned to be built. In answer to Commi.sioner Holland, Mr. Archibald explained the project that was just co.pleted on S.R. 951 along Golden Gate City was completed as part of an 1-75 commitment by the Florida DOT. He said " thal four-lane project from the Gold.n Gate Ca~al north,to Golden ·~t. Parkway was undertaken by the State with State ~oney as part of an agreelDent between the County and the State. ' "11- Co.missioner Pistor said the ~ounty has needs besides~those associated with the roads and the ~olDmittee Commissioner Voss proposed, hopefully, will identify those needs and r.command way. to pay for them. H. said this i. the tim~ to proceed with the impact fee o rd i nance. Co..l..1oA.r .i.tor aowed, ..coAd.d by eo..l.sloAer Goodnl,b~ and carried unan1aously, that tbe public b.arint be closed. Co..l..10n.r pi.tor aoved, .econd.d by eo..ls.lon.r Yo.., that tbe ordinance a. nuabend aAd entitled below be adopted, effecU.. l...diat.ly, aAd iDelude re. Schedule 1 and that any aodlflcatlons to th. ordinance to clear up any alsunder.tanding will take plac. In tbe next .ontb. Upon reque.t by Rc. Saunder., Co..l.sloAer 'lstor 804lfled bls ~tion .0 that th. ordlD1nc. Is .ff.ctlY. wheA it I. filed by tb. Secr.tary .r Stata. Commissioner Hass. said he did not like impact fees but in order to improve the County's facilities for travel and overall standards for Page 40 .. .. .. October 1, 1985 the community it is imperative that the Commission move forward immediately on an impact fee as soon a. the law permits. Commissioner Holland said he tealized there has to be taxes to build roads. He contended that a duplex will generat. more traffic than a single family home. Mr. Perry explained that the definition provided in the ordinance for multi-family would include duplex as a multi-family unit. He said the rates were ðeveloped in a f~rmula that takes into consideration the Institute of Transportation Engineers traffic trip generation rate sChedule. He said the fee on a duplex would bo twice $167.00 because that fee is per unit. qe said the travel estimates from the Institute of Transportation Engineers documentation indicate that residents livinq in a multi-family unit do travel less than those of a .ingle family in general terDS, adding duplexes are many times only two bedroo'¡·,;Þnd most average sinqle family homes have three bedrooms and perhaps have more drivers than ðuplexes. Commissioner Goodnight referred to Commis.ioner Voss' suggestion that the committee return information in six months and she said the Commissioners meet with the Legislator~ at the end of January and if they do not hAve the strategy together'then, in order to request what is needed, another year will pass before results can be achieved. She said it is ilDpor~ant to De able to present the County's needs as soon as th',Legis1ators go int~ se.sion in January. " C~)lIm1øsioner Voss said the COJlllll1ss1oners should lobby the Legislative Delegation to obtain the permis.ive fees, however, whether they are actually levied is up to the County. Commissioner Goodnight said she would like the propo.ed committee to be ins~ru~ted to begin looking at alternatives and recommendations so that in January they can bring those back to the Commission to allow the Commi..ioners~o decide which -:lne. to .upport .0 the ChalDber of Commerce and other organizations can lobby the State to help with the CQunty's infrastructure. She said she would vote with the motion made with the understanding that the cOlDmittee will beqin work to try and find alternate funding so the Legislature can be lobbied to achieve what is needed. Commissioner Voss suggested that the charges ComlDis.ioner Goodnight mentioned be give~ to the committee as soon as the people are appointed. He asked Commiss~oner Goodnight to put her ideas in writing and she agreed. aoo« 090 ~AGt 83 Page 41 '"-""".__..._----""'-,.,~'-,.~"~ ._,."'.".~--..-".-.,,>,;-~- lOOK 090 PA(;( 84 Upon call for Bolland oppo.ed. October 1, 19a5 the que.tlon, the aotloA carrl.d 4/1, C...I..loner ORDINAMCI 15-55 AM ORDIMAMCI ISTABLISBIMG ROAD IMPACT rlls rOR ALL TY'ES or DEVlLOJlMDT, PROVIDIIIG SBORT 'fITLIC, AU'fBORITY AMD AP'LICABILITY, PROYIDIIIG 11I'fIllT MID 'URPOSE, PROVIDING rOR IIICIDDCI or ROAD IMPAC'!' rll, .ROVIDIIIG rOR COMPU'I'A'fIOII or AMOUM'f or rEI, PROYIDIIIG rOR .AYMINT or THI rll, .ROVIDIMG FOR USI or PUJlD8, PROVIDIIIG rOR RIPUJlD or rBI' 'AID, PROVIDIIIG DlrIMI'fIo.a AXD RULIS or COIISTRUCTIOII, .ROYIDIIIG rOR LIBIRAL COIIS'fRUC'fIOll, alVlRABILIn AMD '11IALn PROVISICIIIS, AXD PROYIDIIIG l"IC'!'In DA~I. . . . There being no further business, the meeting was adjourned by Order of the Chair - Tlae: 4:00 P.M. .. BOARD OF COUNTY COMMISSIONERSI BOARD or ZONING APPEALS/EX OFFICIO GOVERNING BOARD(a, or SPECIAL DISTRICTS UNDER ITS CONTROL ATTEST: WILLIAM J. REAGAN, CLERK 'RED'~~~~..' C.""'N "11'. \, by the . "'¿J e: . BC; on ¿f2/, .<,!, d/f' as \. , , . or .s corrected . ..- .. , - . ,'~ ,. .... .. " \ \'/; (1-, C"'; ,;" '.: ' '. ,', ,'.. - .. f: ..., ';, ......;.1,,' ,,'';''' " '1' ' .,. '}, '~;;i'I~\~'''' -" Page 4 2 \ .. .. - " .. """""".,.'''...---...