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BCC Minutes 08/20/1981 R Naples, Florida, October 2Ø, 1981 LET IT BE REMEMBERED, that the Board of County Commissioners in and for tho County of Collier, and also acting as the ~overning board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:nø A.M. in Regular Session in Building "F" of the Courthouse Complex with the following members present: CH1\IR~1\N: VICE CHAIRMAN: John ". pistor Cli Hord Wenzel C.R. "Russ" Wimer Mary-Frances Kruse David C. Drown ~LSO PRESENt: wi:Ll1am J. Reagan, Clerk; Harold L. nall, Chief Deputy Clerk/Fiscal Officer; Dðrlene Davidson and Elinor Skinner (1:3Ø P.M.), Deputy Clerks; Donald Pickworth, County Attorney; Ernestine Stephan, Administrative Assistant to the Ut!lities Manager; C. William Norman, County Manager; Edward Smith, Assistant County ~an8ger; Neil Dorr11l, Administrative Assistant; Terry Virta, Community Development ~dm1ni8trator; Danny Crew, Planning Director; Lee Layne, Terry Clark and Tom McDaniel, Planners; Jeffory Perry, Zoning Dir~ctorl ~r~ce Spaulding, Administrative Aide to the Board; and, Raymon~ Barnett, Deputy Chief, Sheriff's Department. pat,1. 1 lOOK 065 tAct 128 . I I I, I ! ! t i l d "~ï.\". J ,¡ 1 .. October 20, 19R1 ^CENDA - APPROVED WITH ADDITIONS Commissioner Wenzel moved, seconded by Commissioner pistor ~nd carried 4/1, with Commissioner Kruse opposed, that the'Agenda be approved with the following Ðdditions: 1. Consideration of adoption of a Resolution regarding the initiation of ~ land ncquisition program by the BCBB and the SWFW~D re Golden Gate Estates - added to County Manager/Community Development· '2. Consideration of Swamp Buggy Days - added as Item l4D. 3. Consideration of the creation of an independent fire district for Golden Gate - added to BCC Report. 4. Consider~tion of residents concerns regarding The Glades and Lakewood utilities - addeJ to Utilities Manager's Report. · Commissioner Kruse expressed objections to this item being added, noting that it was not an emergency and that all the pertinent facts have not been provided the Commissioners in the form of backup material. lIer objections were overruled and the item was added as part of the motion. MINUTES OF nEGULAH ~~~TING AND SPECIAL nUDCET MEETING OF S~PT~MR~R 22, 1981 - APPROVED AS PRESENTED Commissioner Wenzal moved, secon~ed by Commissioner Kruse and carried unanimously, that tho Minutes of the Regular Meeting and the Special Budget Meeting of September 22, 1981, be approved as presented. ANNUAL REPORT RE FLORIDA DIVISION OF FORESTRY PRESENTED BY COUNTY FORESTER CHRIS A~DER~ON County Forestor Chris Anderson presented the 1980-8l Annual Report regarding the Florida Division of Forestry activities in Collier County, offering to answer any questions the Aoard may have. Upon noting that thero wore none forthcoming, Mr. Anderson stated that he P~CJe 2 " " 800« 065 PACE134 ;~; r . \ \, :\ ( * , ~ ï,; i I"'" .~ ,~ ž .( 'f.,' ,~< '( MOK 065 PACE 135 October 20, 1981 would be receptive to any comments and/or suggestions rogar~ing other areas in which the Forestry Division may become involve~ in the community, adding that it has been his pleasure to serve the citizens of Collier County this year. Chairman Pistor thanked Mr. Anderson for the report and the many projects in which he has been involved this past year, noting that he is am&zed that so much was accomplished by the Division of Forostry for Collier County. County Manager Norman expressed his person~l appreciation as well as that of the entire County to Mr. Anderson and the Division of Forestry for their cooperation and many efforts throughout the year. RESOLUTION 8l-2J2 RE PETITION FDPO-8l-V-ll, MARIO ~AGISTO, REOUESTINC APPROVAL OF A VARIANCE FRO~ THE MINI~UM BASE FLOOD ELEVATION REQUIRED BY THE FDPO ON PROPERTY DESCRIBED 1\S LOT Jø, BLOCK ~, UNIT 2, CONNER'S VANDERBILT AE1\CH ESTATES - ADOPTED. Legal notice having been published in the Naples Daily News on October 4, 1981, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider petition FDPO-V-l1, filed by Mario Magisto, req~estlng approval of a variance from the minimum base flood elevation required by the FDPO on property described as Lot 30, Block M, Unit 2, Connor's Vanderbilt Beach Estates. 'i , Planner Tom McDaniel referred to the information outlined within ,f the Executive Summary, dated 9/24/Bl, and stated that the request for a S' variance from the minimum base flood elevation conforms to the '.~ f.~ , '.1-; ;t I~' k ~" i t1\;,· " i" . . variance provision in the FDPO and that the st~ff recommends approval. '¡. ~ Page 3 'J::'; ¡~ :~~1~ ,~ '" d ~. ':~ '::~f~ ,.;"1 "I,~ \~ '~J ,l .:~ .:~ '.;~ :~ ~~t . . . . October 20, 19R1 i, í' In answor to Commissioner Pistor,' Mr. McDaniel stated that the subject property is not in a velocity zone. Commissioner Wenzel moved, seconded by Commissioner Kruse and carried unanimously, that the pUblic hearing be closed. Commissioner Kruse moved, seconded by Commissioner Wimer and carried 4/1, with Commissioner Wenzel opposed, that Resolution Sl-23~, 9ranting the requested variance re petition FDPO-81-V-ll, be adopted. Pa9. 4 ,:1 1 - IOO~ 065 tACE 136 . :.~: .'- -... ....""..~,I:f': . "~' ,';: 'jfJ' t,~"JI1 'Of!:-\ '. :~·.~j;f """¡'" '"':r4''' ,¡:..' .. "i'll, , .~.~ :. ~ , "t" " "~ ,,," ::~i . , "'f '" ',',,:".' ", .... ~'~~. '~::.~, .: ;")¡~ t, ! . ¡;,':~-' ~. , ,;f'::l;' {fj,"., ' ',!,"~, ~~j..I' ';~~ . ,..~."~.J;~.~" . ~",",~~ "L¿ ".~ '",,~, f 4 ,~, r;· ,,. ., i,' ê\' i'- 'i ("', \: (.f' .' ;1 .~¡1' ~~; '~þ-:, ~..( ·9 :'i'" ßO~~ 065 PACE 139 ..... ; .~ October ?ø, ¡9Sl >. PETITION NZ-8l-()C, WILLt^M VINES, REPRESENTING PARK SHORE, REQUESTING AMEND,.,ENT TO PARK SHORE PUD BY ^~ENI)ING OFFSTREET PA.RKING RE';)UIREMENTS ON BLOCKS 36-33 LOCATED ON VF.NETIAN BAY - Dr.~IEO ..r ¡;¡ 'if .~~ Legal notice having been published in tho Naples Daily News on October 2, 1981, as evidencod by Affidavit of publication tiled with the Clerk, public hearing was opcned to consider petition NZ-el-~C, filed by William Vines for Park Shore, requesting an amendment to Park Shore PUD, by amcnding offstreet parking requirements on Blocks 35-38, located on Venetian Bay. Planner Lee Layne outlined the general location of the P~rk Shore PUD and the subject blocks therein. She explained that the petitioner wishes to reduce off-street on-site parking on these ~locks to 1-1/2 spacos with' overflow p~rking' in 9 parking pods located along Gulf Shore Blvd. Ms. Layne reported that the C^PC and, the staff recommendation is " for approval of the subject petition, based on the fact that the reduction to l-l/2 parking spaces is sufficient for the higher-density multi-family areas and that only the parking located on the actual buiding site will be reduced leaving sufficient numbers of spaces availb~le in the front of the subject blocks. There was a general discussion regarding the relation of the parking pods along the front of the subject blocks to public beach ·access, during which ~s. Layne stated that approximately 42 of these spaces.are primarily used Cor this purposo. Mr. Vines explained that there are still sufficiont numbers of spaces available for public us., even in the event that there 1s an overflow of cars from the residential units which need to park in the pods. He said that the '::'" ':~ Page 5 :'~ l! I ~f~ -1¡;1 ~'Þ}1 '~~ '~;~ïl .~ ).~1f ,I \~ , . . I October 2", 1901 . parking facilities within Par~ ~hore were overdesigned, thus, there has always been a surplus of parking spaces available. He said that, theoretically, the required "two" parking spnces per unit is usually justified; however, in a more "practical" application, relating to the Park Shore area, the 2/l ratio has proven to be excessive because most of the residents of Park Shore do not have two automobiles. Mr. Vin~s stated that the subject application is based solely on the abundance of available parking spaces in the off-street pods. Commissioner Wimer asked Mr. vines if the parking facilities could, if the reduction is granted, be designed with the deleted parkin? space areas developed as ~rassy arens? He said that, in this way, if they should become needed in the future, they can be doveloped as parking area. Mr. Vines cxplained that the parking pods are prcsently separated by landscaped ~reas and that if this becomes n~cossary they could be enlarged., Mr. Vines explained that in the course of securing nccessary Corps permits for the overwater structures, il was necessary to severely restrict tho extent of overwator structurcs which were originally planned and which have been approved by the ~ounty. He said that, as a result of this extra constraint, the totðl number of dwelling units initially planned to bo developed is reduced and the portion of the structure to be developed which must be positioned on the small 1an1 area is increased. Mr Vines added that, pursuant to this, the land area available for parking is substantially reduced, thus, a reduction in parking spaces is being requested for a modification to the PUD document. Pa.,. iI\ ICO~ 065 PA~ 1(0 . ',r- . , , I~'''~'. I ':,~.!~' ,',irft ..,......".. "% ;;1£f., i '.~:~' /1, " "!,~ .,'~~ ~~ ,·:,;t:tt;::" , ...'J. ..~J'I;' .'<J~ ;'11/' :;~?~; " ~:~~: ....:1 &CO~ 065 PAGE 14f October 20, 1991 Chairman pistor stated that he opposes the idea of reducing the number of parking spaces per unit. Mr. Mike 7.ewalk, ropesenting the North NÐples Civic Association, urged the Board to deny the petition, claiming that the public needs all the parking spaces available in the parking pods for access to the beach, which the petitioner claims will be used by the residents and/or their guests if l-l/2 spaces per unit proves to be insufficient. He further claimed that there is a shortage of parking spaces 'for the public in the general area along the beaches. Mr. Vines took exception to Mr. Zewalk's remarks, stating that there is no scarcity of public parking in the area; the public would not have to give up any parking spaces, as'any overflow from the ~esidential units would be ma~nly in the eveni~g hours, and, he requested that the Board be guided by their staff who have studied this situation closely and found no objections to the request. .' Commissioner Wenzel moved, seconded by Commissioner Kruse and carried unanimously, that the public hearing be closed. Commissioner Wenzel moved, seconded by Commissioner Kruse and carried 3/2, with Commissioners Wimer and Brown opposed, that petition NZ·'81-6C, be denied. RESOLUTION 81-233, VACATING CERTAIN DRAINAGE EASE~ENTS LOC^TED IN PELICAN BAY UNIT ONE (UNION PROPERTIES OF SOUTIIWEST FLORIDA, INC, BR~R ASSOCIATES OF NAPLES, LTD.; B~Y CLUB, INC. AND CORAL RIDGE- COLLIER 'PROPERTIES, INC.) - ADOPTED Le~al notice having been published in the Naples O~i1y News on October 4 and ll, 19B1, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider ~ petition . " f" ." " ,. Page 7 , ë.. . ~',M} '~::'~ ;,) . ,JJI: '."'.~¡ . ,'t" ,.~' ::1~ .' ..~ .' . . . i;~ '''~ " Octobor 2Ø, 1901 jointly filed by the following entities for the vacation of certain ....mont. a. indicated for Pelican Bay Unit One, within Parcels "D", ·C· and "J-: 1. A- 2. Brar Associates of N~~les, Ltd.: Petition Exhibit "A-2", as recorded in OR ~ook 8 7, Page l07l. 3. Bay Club, Inc.: petition Exhibit "A-3", as recorded in OR Book 898, Page 928. 4. Inc.: Pðrcel -D- Pelican Bay to: Dorchester Development Inc.; Grosvenor Development, Inc.; Union Propert:es of Southwest Florida, Inc.; and Brar Associates of Naples, Ltd., and, Parcel "C- Pelican Bay Unit One, less the land deeded to: Archdiocese of Miami; Tierra ~ar; and Bay Club, Inc., and, Parcel "J-, Pelican Bay Unit One. Public Works Administrator Clifford Barksdale stated that the 'petitioners have agreed to deed said easements to Pelican Ray Improvement District upon the vacation of the platted easements. Further, the Board of Pelican Bay Improv6ment Oistrict has no objection to the vacation and they are the only utility involved. Mr. Barksdale reported that the WMAB has reviewed tho subject potition and recommends approval. In answer to Chairman pistor, Mr. Barksdale stated that there will not bo any reduction in the retention areas and that drainage will not be affected by the subject vacations. Pa9. 8 eoo~ 065 rACE 142 . : f- .~ '" \> ~. ~ f; ~':", \~ ,;¡~' . ..':+ " t; ?.J. . ~.. . , '''.. ;c. ,..' If' .:~ . j '~,~ ð",', :;J' ,. ~. ;^". >'~~;¡ ':~~ ;,{ ~ aDOK 065 PhGE143 October 2Ø, 1981 Commissioner Wenzel moved, seconded by Commissioner Brown ðnd carried unðnimously, that the pUblic hearin~ be closed. Commissioner Wenzel moved, seconded by Commissioner Kruse and carried unanimously, that Resolution ßl-233, vacating the aforementioned easements be adopted. Pa9 e 9 . . 1;,' ,~ /.1; '.,.J,~ \;~(~ ",1:f\~'tt ,·...···1¡-..I.[;... . !'~ :'.' ii(!'t" .."I c '., ,·'~,f ::~ :.~'~ t' ,;¡' .' . ,:J . . '}f 10,''>; .~;~~: ,j ::~i. ~ "~1~i ;···:t~· \~/Ç :~:,':f' , ('. "I " ..' ), ;'; \ ),,- 6QO~ 065 PACE145 .,,¡ <~ ,\.~ , ~ (.1 ,.'~ ORDINANCE NO. 81-58 RE PETITION n-81-l5C, DONALD JONES, R~QUR~TINO .~ REZONINC FRO~ "A" TO "PUD" FOR PROPERTY LOCATED AT THE 5W COR~E~ OF AIRPORT ROAD AND IMMOKALEE ROAD .FOR PROPERTY TO BE KNrn4N AS GREEN TREE CENTER - ADOPTED, SUßJECT TO STIPULATIONS; PETITIONER'S AGREEMENT TO STIPULArIONS ACCEPTED October 2Ø, 1981 Legal notice having been published in the N~ples Daily News'on, September ll, Igal, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consirler Petition R-8l-l5C, filed by Donald Jones, requesting rezoning from "A" to "PUD" for property locatod nt the SW corner of Airport Road and Immokalee Road to be known as Green Tree Center. Referring to an overhead map, Planner Lee Layne outlined the general location of the subject property proposed to ~e developed as a mixed use p~anned unit devel?pment consisting of a shopping center, professional office buildings and multifamily residential area with 86 units at a total density of 3.95 units per gros3 acre or II units per net acre. Ms. Layne stated that the petitioner receive~ approval for a comprehensive land use change in August, and is now requesting that the applicable PUD zoning be approved. She said that the Gtaff, advisory bo~rds and the CAPC have reviewed the subject petition and recommend approval, subject to .the following stipulationsr l. Remove the eastern most access point on Immokalee Road. 2. Petitioner must construct a gravity sewage collection, system and lift station at his expense. 3. Left and right turn storage lanes shall be provided at all entrances on Airport and Immokalee Roads. 4. Developer shall pay his fair share of the capital costs of installing traffic signals at the main entrance. on Airport and Immokalee Roads when deemod necessary by the County Engineer. .. , ~.~>j~ . r::,~j '\:'~~' 'If'~ ",.~ ,.,..Jj ',~·;:;·,:'i~' :....~.... ..~ ':~'l ',:r~f 'i)""," >~ Page 18 .' . . Octoher 2C, 1981 5. Sidewalks or bike paths shall be constru~ted alon~ Immokaleo Road. 6. The live oak and cabbage palm hammock sh3ll he preserved in its natural state and clearly delineated prior to any clearing or construction taking place on the site. Donald Jones gave a summary of various meetings with members of staff, various County Departments, several hearln~s before advisory boards and the public hearing bofore the CAPC and noted that the drawings and plans displayed during this hearing indicate the culmination of all of these meetings Ðnd incorporates all requests, recommendations and stipulations placed on the petition. He referred to the aesthetics of the proposed centp.r as "rural" in appearance and outlined the intent of the developer to keep all of the vegetation possible and to adhere to all staff and CAPC stipulations. He stated that it is his opinion that the proposed center will reflect the composite of ideas that have been forthcoming from the representatives of the four surrounding communities with whom he has met since tho inception of this project. He outlined the time and money exhausted thus far in an effort to ~ain the requested zoning and nddressed the cor.cerns of Chairman pistor rogarding entrances to the proposed center along Airport Road and Immokalee Road. He said that he has agreed, as a stipulation to the approval of the requested zoning, that he would close the eastern most entrance ~long Immokalee Road. Also, he explained that wh~t appears to be three entrances along Airport Road in the drawing within the backup material is actually one entrance for the re.idential area, ono from the shopping area and an exit-way for del Ivory trucks, etc. with a right turn only lane onto ~irport Road in pag_ 11 aoc~ 065 PAtE 146 . . . . aQO~ 065 PACE147 Octobor 2Ø, 1991 a wosterly direction. He said that this exit will not have a correspondin9 cut through the median. He sðid that he has discussed this with the Traffic Engineer and has received his approval. Terry Lewis, Attorney for the petitioner, addressed the Crean Tree Center in respect to three separate points I the consistency of the center with the regulatory framework of Collier County; the equity and fairness the applicant should be able to expect in governmental decision making concerning rezoning; and, the reasonableness that is a part of any rezoning decision by a governmental body. The first point Mr. Lewis addressed concerned the requested rezoning in respect to the Comprehensve Plan, explainin1 that the rezoning wo~ld be consistent' to, the Plan, as attested to by the staff within their various reports. Mr. Lewis then addrossed t:le equity "nd fairness that may be expocted by his client, noting that his client has done everything that is possible to meet all objections from staff and that he has met all the criteria of the relative ordinance. Also, his client has spent a great deal of money on this basis. He also addressed the point of zoning decisions being made, based upon "reason- and also having to be "reasonable", noting that there must be a direct relationship between the adverse effects that this project might have on the health and welfare of the general public if the rezoning were approved before a denial would be justifiable. He stated that he sees none. .Further, he said that he see. no direct relationship between any positive effects on the health and welfare of the general public and the retention of the zoning category of "A" for this particular parcel of land. Therefore, he respectfully requestad that his client'. PlUJe 12 . . . "¡ , . -. ......... ...'.'. ,. .. October 2Ø, 1981 " , petition be granted. Chairman Pistor referred to that portion of the Zoning Ordinance which outlines tho various documentation that must be submitted by the petitionor in order to meet the criteria for a "PUD" approval and read a portion thereof. He asked the staff if the petitioner has met all these requirements and if the County has all the required documen- tation, noting that he, personally, has not been able to locate some of the documentation. Ms. Layne replied that the petitioner has submitted all required documentation. ""' The following persons spoke in opposition to the approval of the requested rezoning: 1. Grace H~llock, who submitted a petition of opposition containing l27 names from residents of Palm River. 2. LeA Von Henningsen, resident of Palm River 3. Jules C. Rouch, resident of Palm River 4. FranklIn G. McClintock, resident of Palm River, who presented a written statement of objection to the Deputy Clerk for the record. S. Alfred W. Hewitt, resident of Palm River 6. John Grimes, resident of Palm River The following persons spoke in favor of the approval of the requested rezoning: 1. S.T. Jackson, representing the unanimous decision of the Willoughby Acres nomeowners Assoc. 2. Bettie Gulascsik, Vice Chairman, Zoning Committee, Collier County Civic Assoc. 3. Mrs. Earl Ransone, resident of Willoughby Acres ", , ~.} .:~~ ',I .,\, .it~ "".J, ,.~ Page 13 ..;~ "~~ , \:Iï! ".. "~ :~~..", . 'YJ';:. '.'t ".~' '.'J: . t "'~.':~~ ~IJ ";',J~) ",,~ '\:1 aOOK 065 tAtE 1(8 . &OQK 065 PAGE 149 October 20, 1901 4. Mrs. Wm. Selleck, resident of Willoughby Acres. s. Mike Zcwalk, representln~ North ~aples Civic Assoc. 1. George lIarrison, reproscntinl) himself and neighbors in Willoughby Acres, who prefer to see a center without food store, however, still favor the overall project and rezoning. 7. F. Lawrence Doherty, President of Victoria Park Property Owners Assoc, representing the unanimous decision of same association. 8. Michael Van Camp, resident of Four Seasons. *Also submitted for the record were the following: l. Memorandum to Chairman Pistor, dated October 19, 1981, from Nancy Israelson, ace Administrative Sectretary, tr~nsmitting letters, notes, and messages, re the subject petition, totalling 27 in favor of and Sl opposed to same. 2. Attorney Lewis submitted copies of petitions in favor of the subject petition containing a total of 483 signatures. Mr. Lewis addressed many of the objections raised by the aforemp.ntioned speakers who were opposed to the proposed project, including traffic, which he claims will not be a problem because there are pl,ns to four-lane both Immokalee Road and Airport Road; the possibility of this approval setting a legal precedent, which he claimed as irrelevant, noting that all rezoning applicðtion~ must be judged on their own meritl and, finally, concerns that the development' would result in worsening a situation in an area already suffering from insufficiont water pressure, which he disclaimed any past knowlodge of and noted that the same sized development of all single faimily . residences would use more water than the proposed center. Pð'JO 14 . . .. October 20, 1981 Aftor a brief discussion of some of the remarks from registered speakors, Commissioner Wenzel moved, seconded by Comissioner Brown and carried unanimously, that tho public hearing be closed. Commissioner Wenzel moved, seconded by Commissioner Brown and carried 4/l, with Commissioner Wimer opposed, that the Ordinance as numbered and entitled below be adopted, subject to the aforementioned 8tipul~tioDS and entered into Ordinance Book No. lJ and that t~e Petitioner's Agreement to stipulations be acceptod. Alter the vote, Commissioner Wenzel reqested that the record refle~t Commissioner pistor's statement that that he still does not think that the petitioner filed all the necessary documentation for a PUD and the County Manager's reply that "it probably recognizes that they have submitted ð revised plan". ORDINANCE 81-58 AN ORDINANCE AMENDING ORDINANCE 76-3Ø, TilE COMPREHENSIVE ZONIN~ REGUL^TIO~S FOR THE UNINCORPORTATED AREA OF THE COASTAL ~RE^ PLANNING DISTRICT BY AMENDING THE ZONING ATLAS MAP NUMBER 48-25-7 BY C'J.I\NGI~G THE ZONINt:; CLASSIFICATION OF THE FOLLOWING DESCRIBED PROPERTY FROM "A" AGRICULTURE TO "PUD" PLANNEO UNIT DEVELOP"'ENT: TilE "IE 1 /4 OF SECTION 21;, TOWNSHIP 48 SOUTH, R.~NGE 25 EAST, A,m PROVID- ING AN EFFECTIVE O^TE. . . . RECESS - TIMEt lOt40 A.M. - 10:45 A.M. . . . Page 15 ,\ &00« 065 PAtE 150 ~ ~: ~': "..' ,,: i:~ ¡ . ';'t;~ . -,- BQO~ 065 PAGE 151 .. :;, ~' 1"" . ?~~/ Oct~b~r' ?O, 1981 J, ORDINANCE NO. 81-59, RE PETITION CP-Bl-l9C, WILLI^M L. BLACKWELL, REPRESENTINC E.L. JOII~SON, JR., REQUESTING Þ. COMPREHE~SIVE PLÞ.N L^ND USE AMENDMENT, FROM RESIDP.NTIAL LOW-MEDIU~ DENr,ITY (Ø-4 UNITS/~ROSS ACRE) TO COMMERCIÞ.L FOR APPROXIM^TELY 3.4 ACRES ON THE W~ST RIDE OF HIGHWAY 29, (l,32Ø FT. NORTH OF LAKE TRAFFORD ROAD), IM~OKALEE _ ^DOPTED Legal notice having been published in the Naples Daily News on September ll, 1981, as evidenced by Affidavit of Publication filed with the Clerk, public hearin~ was opened to consider petition CP-8l-l9C, filed by William L. Blackwell, representing E. L. Johnson, Jr., requesting a Comprehensive Plan Land Use Amendment from residential low-medium density (0-4 units/gross acre) to commercial for approximately 3.4 acres on the west side of Highway 29, l,320 ft. north of Lake Trafford Road, in Immokalee. Planner Terry Clark recapped the information within the Executive Summary, dated 9/28/8l, regarding Petition CP-81-l9C, including the staff and CCPA recommendation for approval, based on the fact that the proposed commercial use is consistent with the goals and objectives of the Comprehensive Plan. There was a brief discussion regarding the petitioner's intent for use of the property, during which William Blackwell :eported that, at one point, his client was anticipating constructing a bank; however, the banking firm interested could not wait sufficient time for the appropriate stepa to be taken in the relative governmental process and has since made other arrangements. He said that his client wishes to go through the processes necessary for using this land commercially to negate any further -deals" from "falling throu~h". ~fter a brief explanation as to the physical description of the subject property, Commissioner Wenzel moved, seconded by Commissioner Brown and carriod unanimously, that the public hoaring be closed. '. / .~ :r! ··'t~ ....;'1 ,,¡.' il;~ "...'..... ¡:;'~ ,:~ ,····I·~··.· Ii" '~'."~ .',~ .. Page 18 . . I .. Octobor 20, 19B1 Commissioner Brown moved, seconded by Commissioner Kruse and carried unanimously, thðt the Ordinðnce as numbored ðnd entitled below be adopted and entered into Ordinance book 'l3. ORDIN1\"JCE Bl-59 AN ORDINANCE A~ENDIN~ ORDI~ANCE 79-32, THE CO!-1PREHE~~IVE PLI\~: 70R COLLIEI1 COU"ITY, FLORIDa, BY AMENDING THE L'ND USE ELE~ENT ~ORK STUDY AREA ~AP ICï FRO,." RESIDEIIJTII\L LO'oJ TO ~F:T)IUM DENSITY (0-4 U~ITS PER GROSS ACRE) TO CO~- MERCIAL O~ THE FOLLOWI~G DESCRIBED PROPERTY: TilE SOUTH 37Ø.Sr, FEET OF THE E1\ST 50n FEET .OF THE NE l/4 OF THE NE 1/4 OF SECTION 32, Ta~N- SHIP 46 SOUTH, RANGE 29 EAST, LESS EAST l~O FEET RESERVED FO~ HIGH'''AY 29 RIGHT-OF-I\lAY; AND PROVIDING AN EFFECTIVE DATE. ORDINANCE NO. Bl-5n, RE PETITION R-8l-9C, ~HI~PERING PI~ER INC./GLASS GORHAM, INC., REQUESTING A REZONING FROM "A" TO "GRC" FOR 21+ ACRES LOCATED AT THE fNTRA~CE TO I~PF.RII\L GOLF ESTATES ON EI\ST ~rDE OF U~ 4l - ~DOPTED, SUBJECT TO STIPULATIO~S; PETITIONER'S a.GREE~ENT TO STI?ULA- TIONS - ACCEPTED Legal notice having been published in the Naples Daily ~p.~s on September ll, 19a1, as evidenced by Affidavit of Publicatio~ filed with ~he Clerk, public hearing was opened to c~nsider petition R-9l-9C, ~lled by Whispering Pines Inc./Glass Gorham, Inc., requesting D rezoning from -1\- to -GRC" for 21+ acres located at the entrance to l~perial Golf Estates on the east side of US 4l. Planner Lee Layne outlined the general location of the suhject property on an overhead map and noted that the subject petition was ~eviewed by all concerned advisory boards and recommended for approval, subject to the following stipulations: 1. Submission of a w~ter management development plan of the entire development to W~^B for review and approval. "'89& 17 ,oo~ 065 rACE 152 .. . ' \., .t: ,.:>'. '7t 'II tf\ .1.". . ''Ij' ~\ ;~ ,4 ~' BQO~ 065 PAGE 153 Octobor 20, 1901 2. Upon approval of master drainag~ plan, phased construction will require submission of definitiva plans to County Engineer for review and approval, prior to commencement of any construction. 3. ^ traffic signal when deemed w~rranted by the County Engineer, after which the signal will be owned, operated and maintained by the County. 4. Increased storage capacity for the left and right turn lanes when doemed warranted by the County Engineer. ~. In addition, the developor shall provide additional right-of-way to provide lO~' right-of-way from the Trail to the easterly right-of-way line of the abandoned Seaboard Coast Line Railroad. With the development of these properties, the developer shall four-lane the roadway from the Trail to the easterly property line. 6. No more than 33Ø sewer facility units and 2~7 multi-family apartment units (equivalcnt to 1(,0,700 GPD flow) will be connected to the forca mnin and lift station, until expansion of the County's sewago treatment facilities (Sewer Area "A") are completed. Ms. Layne reported that the Community Development Division reviewed the petition and recommended that the CAPC deny the petition for the following reasons: l. "At the present time, 330 single family homes are approved under zoning and Søø multi-family units are approved. Based on existing zoning, there would not be enough cap~city to serve the existing multi-family nor the proposed commercial area. The single and multi-family zonin~s wore approved based on the adequac~ of the system to serve them. Based on the recommendation of the Utilities Manager, the proposed rezoning would take away what has been theoretically reserved for these permitted or approved areas." 2. "The Comprehensive ~lan states that 'Where lands are classified for n specific land use by this Comprehensive Plan, such classification shall not confer upon the land owner the automatic right to such land use.' The Comprehensive Plan designates this area as Commercial, however, based on the requirements in the Zoning Ordinance concerning whether changed or changing conditions make the passage of the proposed amendmont necessary and whether the change suggested is out of scale with the needs of the neighborhood - the areø is not ready for additional commercial zoning. There is existing in this 4 square mile aroa and Imperial Golf P.statos a total of 1~3 acres zoned commercial which would serve a population of IB6,~r,~ people. ^t the presont time there are 1148 rosidents in this Area.- Page 18 . . ;.1 '. .,' '·f " . . , ._-/"'.. October 20, 19a1 Ms. Layne stated that the CAPC considered the subject potition on Septembor 17, 1981 And recommeded Ðpproval because the developer is ready to devolop this land and it would not create strip zonln~. She said that their recommendation for approval is subject to the aforementioned stipulations, with stipulation '5 amended to read, "it tour-laning is needed in the future". Dr. Neno Spagna, representing the petitioner, explained that the proposed commercial use is an extension of Imperial Golf F.states which has been under development since the 1970's. He referred to the recommendations for approval by the EAC, WMAB And CAPC, subject to . stipulations to which the petitioner has agreed, adding that the Utilities Manager has also made certain stipulations to which the petitioner has agreed. He said that the petition is consistent to tho Comprehensive Plan and should be appròved, even though the staff recommends denial, based on the ample justification for the request. The differcnce of opinion btitwecn staff and the petitioner waR explained by Dr. Spa~na, as based on the staff's feelings that there is sufficient commercial properties available in the area. He said that while he agrees that there is commercial property available, he noted that most of it is on the west side of thc Trail. He further disputed the premise that this petition should not be approved because there are not sufficient numbers of people in the area, noting that there are largo developments already approved for the area which will generate sufficient numbers of residents in the near future. Dr. Spagna stated that the petitioner feels that 20 acres of land, with 500 ft. of depth, is adequate to provide open space, offstreet page 19 eoo« 065 PAc£15t " ."".....,..,.....!'( . '., ~'.' .)~; iY.' 'Y' " !~. ~. i,t'~: '. ~ " -'-, ~~. . &CO~ 065 PAGE 155 ~¡~ '.-, A October 2Ø, 1981 parkin~, ~enerous setbacks, bufferin~, etc., and he conclu~ed by statin9 that the petitioner is prepared to begin construction as soon as all the permits are forthcoming. Commissioner Brown moved, seconded by Commissioner Wenzel and carried unanimously, that the public hoaring be closed. Commissioner Brown moved, seconded by Commissioner Wenzel and carried 4/l, with Commissioner Kruse opposed, that petition R-8l-9C be approved, subject to the stipulations as amended by the CAPC, that the Ordinance as numbered Dnd cntitled below, be adopted and entered into Ordinance Book No. l3; and, that the petitioner's Agreement to stiplations be accepted. ORDINANCE 8l-50 AN ORDINANCE AMENDING ORDINANCE 7~-3Ø, THE COMPREHENSIV~ ZONING qEGULATIONS FOR THE UN- INCOR.PORATED AR.EA OF TilE COASTAL ARE1\ PLANNING DISTRICT BY M1ENDING TIIÉ: ZONING ATLAS MAP NUMBER 48-25-5 BY CHA~GING THE ZONING CLASSI- FICATION OF THE FOLLOWING DESCRIBED PROPERTY FRO~ WA" AGRICULTURE TO wGRCw GENERAL RETAIL COMMERCIAL: PART OF SECTION l5, TO\'¡NSHIP 48 SOUTH, RANGE 25 EAST LOCATED AT THE ENTRANCE TO IMPERIAL GOLF ESTATES AND BY PROVIDING ~N EFFECTIVE DATE. ORDINANCE NO. 81-51, RE PETITION R-S1-24C, N.I\PLES RATH .I\ND TENNIS CLUB, REQUESTING AMENDMENT TO THEIR PUD DOCUMENT CORRECTING ^ TYPOGRAPHICAL ERROR - ADOPTED Legal notice having been published in the Naples Daily News on September ll, 1ge1, ðS ovidenced by ~ffidavit of Publication filed with the Clérk, public hearing was opened to considor potition R-81-24C, filed by Naples Bath and Tennis Club, requesting an amendment to their PUD Document, correcting a typographical orror in the total unit count paqe 29 .. , . . -..' . . October 2A, 1901 . and to reduce and increase the single Ðnd multifamily areas, respectively, by five units. , Planner Lee Layne outlined the general location of the ~ubject property know as Naples Bath and Tennis Club, and recapped the Information within the Executive Summary dated 9/18/01, including the fact that the petitioner is actually requesting approval for a -housekeeping" proceduro. Ms. Layne stated that there will be no Increa~e i~ the overall density nor any significant change in land use. She reported that the CAPr. and the staff recommends approval of the subject petition. .; ',' " ~, ii;( :'f$. ".'C;~ ,~~ ",ï ~,,'~ ......:, . .. ".~ .' ~1 ,I .¡ ...:"j , Commissioner Wenzel moved, seconded by Com~issioner Brown and carried unanimously, that the public hearing be closed.' .' Commissioner Wenzel moved, seconded hy Commissioner Brown and carried unanimously, that the Ordinance as numbered and entitled below be adopted and entered into Ordinance Book No. l3. ORDINANCE 8l-61 AN ORDI~ANCE AMENDING ORDINANCE 7~-30, THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF THE COASTAL AREA PLANNING DISTRICT BY AMENDIN~ THE ZO~IN~ ATLAS MAP NU~1ßER 49-25-5 BY A~r.NDI~G THE PLANNED UNIT DEVELOP~ENT DOCU~ENT FOR NAPLES BATH AND TENNIS CLUB BY CORRECTING A TYPOGRAPHICAL ERROR IN TilE TOTAL UNIT COU'!T AND BY Dr::CREAS- ING THE SINGLE FAMILY AREA BY FIVE (5) UNITS AND INCRE1\SING THE ~ULTIF1\~ILY AREA RY FIVE (5) UNITS AND BY PROVIDINC AN EFFECTIVE DATE. " ',;~,: Page 21 eûOK 065 fACE 156 . . . I· ... - .. 065' ~A~E157 &tiOK October 20, 19A1 ORDINANCE NO. 81-~2, RE PETITION R-81-2lC, ~ULF COA~T LITTLE LEACUE, REQUESTING nEZO~INa FRO~ "^" TO "RO" FOR 4.2~ ~CRES LOCATED RETWEE~ LEL'i FIRE STATION AND LEL'i SEWER TREt..TMENT PLANT SOUTH OF ST. A~!,)REWS BLVD.. -'^DOPTED, SUBJECT TO STIPULATIONS; PETITIONERS AGREEMENT TO STIPULATIONS - ACCEPTED. Legal notice having been published in the Naples Daily Nows on September ll, 19S1, as evidenced by Affidavit of publication filed with the Clerk, public hearing was opened to consider Petition R-Sl-2lC, filed by Gulf Coast Little League, requesting a rezoning from "A" to "RO" for 4.26 acres located betweon Lely Fire Station and Lely Sewer Treatment Plant, south of St. Andrews Blvd. Planner Lee Layne outline~ the general location of the property for which petition R-8l-2lC has been filed, indicating that the intent of the petitioner is to develop'this proporty into two Little League ballfie1ds. Ms. Layne stated that the staff and åll concerned advisory boards have reviewed the subject petition and have recommended approval, subject to the following stipulations: 1. No water management plan is required unless the grassed parking area is paved. ~. No construction is. to take place within any part of the canal easement. 3. Utilities office must approve site utility plans prior to construction. 4. Letter must be received from Lely Estates committing to connect the facility to the Lely Sewer System. P"ge 22 . . . . "0" _......."~'".__............" October 2~, 1981 '''.:1 ..:,~{·f ,,, ,~ ;:;U ~i;~~ '~] .~ ,-"t :;,~ 4,.;, . '".~ Ms. LÐyne reported that the CAPC bas recommended approval of the subject petition, pursuant to a public hearing held on Septomber 17, 19a1. Mr. John Nocera, representing the Gulf Coast Little Leaguo, explained that the financial responsibility for the development of the proposed ballfields and the maintenance thereof will be completely borne by the Gulf Coast ~ittle League and will not cost the County anything. He explained that Mr. Duvekot, of Lcly Estates,.has donated the subject land and the remaining funds necessary to ~evelop the parcel will be provided by donations. He requested that the Board approve the subject petition, noting that there are inadequate numbers of facilities for the children's use throu~hout the County, especially in the area of Lely. Mr. Kurt Siederer, representing Loly Civic Association, spoke in opposition to the subject petition, noting that this opposition is -~ ~ .,'{ , I'; ;'1 .. pursuant to concerns of the residents in Lely regarding additional traffic, noise, and possible proporty devaluation. He added that, while his org~nizðtion has voted to oppose the petition, he personally favors the project. *~ three page petition in opposition to the subject rezoning request was accepted for the record by the Deputy Clerk. There was a brief discussion as to the placement of the bal1fields, during which Commissioner wenzel stated thðt he favors the proposed location as it will not be "backed up to anyone's house". :\" , -. .: eoo~ 065 PACE 158 ;i' .~ ~'i~ ~-): .: -,~ If; '11 . ~t, ."':~ .. .... - ..'~ -':'''' "c1¡ - ~~ . ~it~ ~ ~ ,,<, t P"ge ZJ . ~co~ 065 PACE 159 October 20, l~ßl Mr. Nocera stated that he has previously received overall ~pproval from the past Board of Directors of the Loly Civic ^ssociation, addin9 that Mr. Siedorer ropresents a newly-elected Aoar~ of Oirectors. Commissioner Wimor moved, seconded by Commissioner Brown and carried unanimoulsy, that tho public hearing be closed. Commissioner Wimer moved, secondod by Commissioners Kruse and Brown and carried unanimously, that petition n-Al-2l-C, be approved, subject to the above-referenced stipulations and that the Ordinance as numbered and entitled below be adopted and entered into Ordinance Book No. l3. ORDINANCE 8l-r,2 AN ORDINANCE AMENDING ORDINANCE 76-30, THE COMPREHENSIVE ZONING REGUL^TIO~S FOR THE UNIN- CORPORATED AREA OF THE C'JI\STAL "REA PLANNI"lG DISTRICT BY A~E~DING THE ZONIN~ I\TLAS MAP NUMßER 50-2'1-4 AY CUA"IGING TilE ZONING CLASSI- FICATION OF THE IIEREI~AFTER DESCRI8ED PROPERTY FROM ·A" ~~RICULTURE TO "ROM RECRE^TION OPEN SP^CE: PART OF SECTIO~ 20, TOWNSHIP 50 SOUTH, RAN:;E 26 EAST, LOCATED ,.,rEST OF TilE LELY SEWAGE TREATMENT PLANT AND NORTH OF NAPLES ~ANOR SUB- DIVISION AND BY PROVIDING AN EFFECTIVE DATE. RESOLUTION 8l-234 RE PETITION ~U-al-aC, U~ITARIAN UNIVERSALIST CONGRECATION OF GREATER NAPLES, REQUESTING A PROVISI'JNAL USE (1) OF THE "EM DISTRICT, FOR A C!lURCH TO BE LOC^TED ALONG PROPOSED 1-75, BETWEE~ lOTH .a.ND l2T!I AVENUES S.W., AT THE PoND OF OAKS BLVD. - ADOPTED, SUBJECT TO A~ENDED STIPULATIONS; CAPC FINDING OF FACT AND PET1TIONF.R'S AGREEMENT TO INITI^L CAPC STIPUL"TIONS - ACCEPTED FOR THE RECORO Planner Lee Layne described the subject property r09ardin9 Petition PU-81-aC, filed by the Unitaricn Universalist Con9re9ation of Creater Naplos, requestin9 a provisional use (l) o£ the "E- Estat.. District, for ð church to be located alon9 the propose~ 1-75 ..-r Page 24 ... . . " " ...~: October ?~, 19A1 .,. '::;,(1 <,",\,,",'..; -~~~~ frt~= -v.'I ~~i .;.. :~1'~ ::', .." ri9ht-of-wny near the oxtension of O~ks Boulevard. She explained the surrounding zoning and land uses as outlined more fully within tho staff report to the CAPC, d~ted 9/24/81. Ms. Layne reported that the staff and all concerned advisory boards have reviewod the petition and recommend approval, subject to the following stipulations: 1. Definitive sfte drainage plans be submitte~ to the County Engincer for review and approval prior to commencement of ðny construction on site. . >1 .1 2. Access be limited to lOth Ave. S.W. with access ~ate on l2th Ave. S.W. opened only in emergencies. 3. Final p~lkina plan must be npproved by the zoning Director at time of buidlng permit application. 4. All signs must be approved by the Zoning Director. S. All lighting must be situated so as to avoið glare to neighboring properties. Ms. Layne reported that the CAPC reviewed the subject petition at a public hcaring on October 1, 1981 and that, based on their finding of ~act, recommended approval, subject to the aforementioned stipulations. Mr. Robert Falisey, representing the petitoner, outlined the background of the Unitarian Universalist Congregation of Greater Naples and gave a brief history of the church. He urged the Board to approve the requested provisional use, noting that he considers tho subject pruperty ideal for this kind of a use. lie said that thore will not be any traffic problem duo to the somowhat isolat.~d location. Raymond Barnott, Deputy Chief, Sheriff's Depðrtment, roquested that stipulation 12, be amended. He explained that emergency vehicles have bettor access if there is no locked gates blocking an acce.s ·C. ,:\> ,\ PluJe 25 ,);" ,~ -.;~~ "\'~ "*'1 , .."..~.}~ri.: '1 . :_iJ, '~4¡ "~~ ),"f.:,; .!'''P ,~ .\~ aû~~ 065 fACE 160 -," . "ì~" .n:· \~ ,~\. l "'" . ~~: :~ ~,,~. ,r:· t~ Jfi ~ ,:/ií: :1 l~~ j i . ¡ ¡ I í ¡ l ¡ &(¡O~ 065 PAGE 161 October 20, 19a1 drive. He said thðt he would prefer to see one of two alternativeSI either remove the 9ðte from the drive ~nd allow emergency vehicles to have easy access, or, remove the access drive altogether and allow emergoncy vehicles to ~rive over tho grass if necessary. There was a brief discussion regarding stipulation 12, during which Ms. Layne stated the the relevant Fire Department requested that the dr.ive access be placed on l2th Avenue. Mr. FaUsey stated that t·he congre~ation has no objections to removin~ the gate ~cross the drive on l2th. Avenue. Commissioner Wimer moved, seconded by Commissioner Wenzol, that Resolution 81-234, approving petition PU-8l-8C, subject to the aforemcntioned CAPC stipulations with the exception of t2, which shall not include the requirement of having a gate across the l2th Avenue S.W. access drive, be adopted; that the C^PC Finding of Fact and the petitioner's agreement to the initial CAPC stipulations be accepted for the record. Planner Lee Layne requested clarification from the motioner, specifically, does the motion inclu~e the approval of having an access on l2th Avenue S.W.? Commissi~ner Wimer replied ðffirmatively and Commissioner Wenzel agreed that he seconds the motion as clarified by Commssioner Wimer. Upon call for the question, the motion to adopt Resolution 81-234 carried unanimously. \< , ' . pal)e 21; \:- . . BúO~ 065' ~AGE 167 October, 20, 19~1 MORATORIUM AEOARDINQ 1\DDITIONAL ..,OAILE IIO"'P,S Ofll CIIOKt')LO~KEE IRL.~ND LIFT~D 1\N~ PRE~ENT 7.0fllING CL^5SIFIC^TIO~ OF "FVn" RTANDS Planning Director nanny Crew stated that, pursuant to Board direction, his Department has conducted a study of the effects of hurricane winds has been complete and the results have been submitted as p3rt of the Executive ~ummary dated 9/23/Rl. Mr. Crew explained that the results of the study indicate that mobile homes constructed at the required l6' NGVD elevation requires placing it on stilts and that this placeG the mobile home in jeopardy of the hazards of hurricane forco winds. He said that if the County were to grant variances to the FDPO for the mobile homes on Chokoloskee Island, they would jeopardize the County's participation in the Flood Insurance Program. Mr. Crew stated that staff is recommending that the "FVR" zoning classification be amended to restrict mobile homes to interior areas of the County and prohibit mobile homes se~ward of the salinity line, thus prohibiting any new mobile homes on Chokoloskee Island. He said that, if the aforementioned recommendation is not agreeable to the Board, the alternative recommendati~n would be a. follows J "Do nothing and allow mobile homes to continue to be placed on the Island. If this alternative is selected, strict adherence to the Flood Damage Ordinance should be required as follows: 1. No mobile homes will be allowed in velocity ·V" zone.. New and replacement mobile homes, except in existing mobile home parks, must be elevated to the required elevatlon.- 2. In answer to Commis.ioner Brown, ~r. Crow explained that the salinity line run. approximately where US 41 i. located.. Commissioner Brown asked Mr. Crew if he i. rocommending that no mobile ho~es be ,; . . PluJe a7 " , . . . ,,,', . Octohor 20, 1901 ,.¡ .. allowed south of US 4l? Mr. Crow replied affirmatively. Commissioner Kruse asked if the Board has the option to leave things the way they are and adopt a policy and/or understanding that the Board will not grant any FDPO variances for mobile homes? Mr. Crew replied that all variances are recommcnded for approval or disapproval hy the staff, according to whether or not they meet the Federal criteria for such a variance. He said that, in order to maintain eligibility for the Federal Flòod Insurance Program, any petition for such a variance would have to meet that criteria before being ~pprov.d. Jimmie Robinson, representing the citizens of Chokoloskee Island, submitted to the Deput" Clerk a copy of her statement of objection to the staff's report and recommendations. She objected strongly to the subject Island being singled out from the rest of Collier County and went over the statement, point by point. Ms. Robinson urged the Board to leave the zoning regulaticns the way they are and not to interfere In the personal decisions of how people choose to live and in what kind ~f residence. She requested that the moratorium prohibiting additional ~obile homes on Chokoloskee Island be lifted and "things left just as they were". *~n 8 page petition opposing any action that would prohihit mohl1e homes on Chokoloskee Island and copies of ~ letters of opposition to same, submitted for the record. After a lengthy discussion regarding ~rs. Robinson's statements, Commissioner Brown moved that the present zoning regulations remain "as is" on Chokoloskoe Island. Commissioner Wimer seconded the motion. Chairman Pistor asked for clarification of the motion. He asked Commissioner Brown if he realizes that the present zoning ordinance require. all mobile homes to be at the elevntion of 16 ~GVD and th~t If the motion carries there will bo no variances? Commissioner Brown replied that hi. motion's Intont is to leave the zoning re~ulðt!on. as " ~ ¡! ",:¡ , " &~O~ 065 t'A~E 168 'ago '-" . . . B~O~ 065 PAGE 169 October' '-0, 1901 <~ 'f, they are at the present timo, periodl Commissioner Wimer a9ree~. Thero was ~ lengthy discussion regardin~ futuro requests for variances, during which it was explained by Mr. Crew that the Zoning d Ordinance specifies that a vnrtance may be requesterll howover, staff's recommendations will be made according to Federal guidelines and criteria for such variances. It WðS the consensus of the Ro~rd that the normal procedure for variances would be followed, if the motion carries. Commissioner Brown was requested by Ms. Robinson to inclu~e the lifting of the Ðforemention~d moratorium in the motion and he agreed as did Commissioner Wimer. Raymond \o-'ooten, President of Everglades Area Chamber of Commerce, spoke in objection to requiring teplacement trailers to h~ve to build at the l6' elevation. He said that if replacement trailers are not allowed to be placed on the same pad as the original trailer, it seems to him that there is an intent~onal "phasing out of mobile homes" being perpetrated by the Board, which they denied. County Manager Norm~n stated that the subject variances only relate to height or elevation and have no bearing on allowing or prohibiting mobile homes in any area in the future. Upon call for the question, the motion to lift the moratorium on mobile homes on Chokoloskee Island and the present zoning regula'tions for tho island, (FVR) remaining the same carried unanimously. . . . '1, RECESSI The meeting was recessed at 12:n1 P.M. to reconvene in Workshop Session at 113" P.M. ~t which time Deputy Clerk Davidson w~. replaced by Deputy Clerk Skinner. The Regular Seasion was reconvened at 2:15 P.M. for completion .of the ^genda. \J.'. .'J~ :, ,.:~, ,,;~(j '3~!~ <~ ~ ,.~~ .'."'.~~ ,[1: ,~','; . . . . P"ge 29 . . . . ¡\. Octoher 2Ø, 1981 .. BOARD APPROVES ARCIIITECTUR1\L/ENGINEERINC AGREEMENT WITH ROSR/- EHRENKRANTZ RE: P\lASE I OF GOVF:R"IMENT CO'-1PLEX ¡::XP"NSIO~ PROJECT; NECESSARY RUDGET AMENDMENT TO BE PREPARED FRO~ UN"LLOCATEO FUNDS IN FUND 3"2 IN "'" AMO'JNT TO PROVIDP. FOR PAYMF."'T OP PII1\SP. I ;'ERVtCP.~ Administrative Assist~nt to the County Manager Oorrill explained that staff recommends that the Roard execute ~n ~greement for architectural/engineering services related to the Collier County Government Centcr Expansion program. Ha said that the Board, in March 1981, approved a short list of ðrchitects and engineers in compliance with the Consultants' Competitive Negotiation "ct and that shortly thcreafte~ discussions were initiated in negotiations related to the contractual language but that cliscùssions related to fee were withheld until the architectural program had been developed and finalized and was approved on September l5, 19A1. He sðid that the proposed contract under discussion today is phased to coincide with existing contracts for construction program, man~1ement ser- vices and the financial consultants who helped develop a financing plan. He said the plan has been done in tho eVL~t that actual construction of the project is delayed, as a result of funding constraints some timo at the end of Phase I, which would bring the project through schematic designs. Mr. Dorrill referred to the Executive Summary dated 1~/l4/81 which outlined the items that Phase I-A entails. Ho explained that Phase II will entail traditional basic ^/E servicos related to design development, preparation of construction docu~ents, bid awards and negotiations with contractors and the administration of actual construction and renovation. :. a~o~ 085 ~AC£ 170 pa'Jo ," . . . , ¡ I I ! ¡ I ! ï I I ~IJO~ 065 PACE 17í Octobor ?on, 19R1 .' Mr. Dorrill said that total roimbursables attributed to the project are incl uded in the foe for Phase I services which wan dona to result in alum p sum foe for "/E services to include total costs incurred for this project for trips back and forth, par diem expenses for the office staff which is proposed to locate here, office rental, ~nd reproduction of blueprints, since these items are historically attributed to the total C03t but not always under the direct control of the owner. He said that the totðl initial fee for the A/E contract, as proposed by the noss/Ehrenkrantz group, which is a joint venture betwacn H. J. Ross and Associates of Miami and the Ehrenkrantz Group of New York, was $2,092,5a~ and that as a result of initial negotiatio~s between the County M~nager, the staff and the Construction Manager, an immediate reduction of approxi- mately $9~,C20 was realized as a result of fee clarifications, and that further anal ys i s by Poll zz i/lleery resulted in an add i t ional reduction of the fee of $73,O~Ø for a recommended fee for a total project rost of $l,B29,49l. Mr. Dorril1 said that it is recognized that this expansion proje~t involves a major historical decision related to physical planning and construction for Collier County for the next fifteen years and it is good, at this point, to look at the A/E fee as a percentago of total construction cost, which would be an historical comparison for professional services of this type. He noted that when compared against the actual construction bUdget of $27,909,900 or $28,000,000, the percentage of the A/E fee equates to 6.7' of construction cost, and he oxpl~ined that if some of the reimburs- able. are removed and the historically providod b~sic services are reviewed, that tho percentage of fee compared to construction co.t 1. 5.~'. He said, .. this project requires both new construction . p~']o H . . : r ~ ~~' ~;'y: ~;., ,'., > " :t~ ;!¡ (~~ " 'i'~\ ~; w~ ;;~~~ ' :..'1 'l~i'l ';,]; V' ¡i b"I' ,'1' ~; ....~ t.\ ,~ ..I,l;" Octobor' ?O, 1991 for a jair and criminal justice facility and renovation, that the recommended established A/E fees for same are from 5\ to 9\ and 8' to l2\ for renovation, respectively. He said that, including the reimbursablcs, the proposed fee of ~.7' seems quite within the realm of compensation for historically proviðed~ervices. Mr. Dorrill said that the initial owner commitment by t'is Board to fund this contract will be throu9h Phase I and that, at the end of Phase I, if the project is delayed, everyone will essentially be sent home until such time as the funding plan is developed and the constuction funds which are necessary to undertake the project are obtained. Hc explaincd thDt the initlal Phase I associated fees are $514,051 and that part of that amount is budgeted, and he noted it was difficult to prcdict what the actual amount would be because of so many variables as to what would be proposed. Mr. Dorrill explained tnat within the County's major Cnpital Improvement Budget Fund 302 there is an additionDI $7ø~,ønO which is .availabla but unallocatcd, at this time, to help offset the differ- ence of npproximately $29~,OØO. He said that a8 a rosult of the fee reductions which were realized, when compared as a total lump sum arrangement and when viewed from a standpoint of acquirin~ nation- ally recognized profcssionals, architects and engineers in the scope of planning and designing for criminal justice f.acilities, it is staff's recommendation that the ßoar~ exocute the agreement for A/E services related to the Expansion Project which is before the Commissioners. In response to Commissioner Wenzel's question of whether S.~' Is the standard architectural fee today for a project or S25,APA,onn or more, Mr. Dorrill Answered that tho Construction ~~na~ers veri- fied that is the stAndard foe for new construction. ec~~ 065 PAf',( 17Z P"C]o :u . . " ß(ìOK 065 PAGE 173 October 20, 1981 County Managor Norman reported that he ~nd Mr. Dorrill wore heavily involved in the ne~otiations ~nd devolopment of tho lðnguage to ensure a product which they felt tho Commissioners ðnd staff wanted and ono which will mash well with the construction management program. He said that it was extremely satisfying to him to have the services of the Polizzi/Hoery organization to assist in analyz- ing th~ numbers which were being provided and the amount of work which was identified by the architect ßnd he said that he felt the negotiations have led to a very cost effective situation. Commissioner Kruse moved, seconded by Commissioner pistor and carried unanimously, that the staff recommendation to approve the agreement with Ross/Ehrenkrantz be approved with the necessary Budget A.:nendment to be preparod from unallocated funds in Fund 3"2 in tho amount to provide for p~ymont of Phase I services of the Government Complex Expansion Program. When Commissioner Brown asked if the percontage was not high, Mr. Dorrill said the only comparison he had was that of the existing renovations of the air conditioning systems at the Govornment Complex which Watson and Company is undertaking for the County and that their porcentage of construction cost is l2\. Mr. Norman noted that Mr. Bailes and a representative of the firm were present to answer any questions. Mr. Aailes said that he ~ and several members of the Polizzi/Beery firm have been actively involved for several weeks with H.R. Ross and Ehrenkrantz and that very serious dialogue has been held, and that they have a very clear understanding of what they, as representatives of the owner, want and they think that the fee proposed to provide the services, which they contractually will oblige Ross/F.hrenkrantz to do, i. well within the current contemporary limits if the amount i. converted to , , ,-~ ' . . j- ~ p.tJe 33 ~ . , .. Octobor '-0, 1991 a basic fee percentÐgo. He explained ·that another perspective is that basic A/E services is 5.2S\ of the construction cost and he said they felt that is very much within reason, because this pro- ject, which has a $27,034,OØØ construction budget escalated over 2 and l/2 to 3 years, has firms who are willing to make a commitment to deliver a product that is defined within the program of requirements, i.e. definition of the amount of space, quality of the , ' spaces, and timetable. ,c,o~ 065 fACE 174. PIUJO 3' . " Octobor 20, 1901 '" ,,). DISCUSSION RE SEW1\GE TRE~TMENT FACILtTIE~ IN L1\KF.WOOD, GL~OES ~~~AGE TREATMENT PLANT HOOK-UP ALLOWED; L1\KEWOOD SEWAGE TRE1\TMF.NT PLANT NOT ALLO',"¡ED TO BE CLOSED OR DISMANTLED; GLADES SENACE TREATMENT FRAN- CHISE TO BE HRITTEN; NQ RATE INCREASE UNTIL 5UCH TIMP. ~S BCC SETS TIlE RATES AND PROJECT CAN CO TIIROU'JH FRAIIZCIIISE ItEARtN'3S Chairman pistor explained that residents of The Glades and Lakowood have been in his office and that Commissioner Kruse has met with them and they have requested the opportunity to expression their opinion with respect to the fees for sewage treatment and especially the fact that the County does not hÐve a controlling franchise in force. Mr. George Ves~, representing The Glades, said his clients have discussed the situation with County Attorncy Pickworth and have sent letters to thos~ residents concerned with the situation, and that he understood there is a petition and that his client is willing to sign the petition, since The Glades wants a franchise ~greement with Collier County as soon as possible. Chairman Pistor said that the question of a franchise for The Glades is part of the petition but that the high rates which The Glades would charge is anothor factor which has been presented to him. He said the residcnts who have come to him want the Commission to try and start a franchise where the rates aro moro reasonable. Mr. Vega said his client would be happy to rliscusB rates with County representatives. He stated that The Glades was not plðnning to chargo a system development Cee, sewer assessment, or hook-up charge, so tho user will savo several thousand dollars. He said his client is willing to discuss the situation with administrative poople from the County and work out the problcms of a franchiso for providin~ sewer sorvices to tho aroa at any time. Col. John E. Beebe, Jr., chairman of the Citizens Committeo of "'. '. , ,}¡ ~ ; tot "\ eGO~ 065 PA~£ 208 page 35 . CGO~ 065' fACE 209 October 20, 19G1 tho residents of Lakewood, thanked the Commissioners for tho oppor- tunity to be heard. He said he was present to petition the Board to act in the interest of the Lakewood residents Ðnd in accordance with the County ordinances with respect to the disposition of the sewage at Lakewood. He gave the Board copies of petitions which had been circulated during a four day period and signed by 524 residents of Lakewood, and he noted that many of those people who signed wore present in the Boardroom. Col. Beebe explained that there are more than l,ØOß residents of Lakewood but many were not at home when the petitions were circulated. He stated that of those persons contacted, support waS practically lO~'. He said that the residents became concerned when they saw a newspaper report of the October ~, 1981 ßCC meeting and many decided to attend the East Naples Civic Association meeting held on October l3, 1981, at which time Commissioner Kruse appeared and discussed the matter of providing sewage treatment for Lakewood. He said at the conclusion of that meetin~, those present decided to form ð Citizens Committee to make further inquiry into the matter and to request a hearing by th~ Commissioners and Action to protect their interests. He said that, although the people have not discovered all the information pertaining to the situation, they would like to correct the rec6rd in respect to the Lakewood ~ew&ge Treatment Plant which is operated by Naplos Utilities, Inc., a subsidiary of the U.S. Home Corporation. Col. Beebe noted that, at the Octobor ~th BCC meeting, one attorney representing The Glades and one attorney representing U.S. Home Corporation were present, and that one attorney state~ that the Lakewood Sewage Trentment plant was "falling apart" and not operat- ing properly and the other attorney statod that tho plant ha~ dumped . P~ge 3~ . , ,'~ ' . October 1.0, 19A1 \, raw sewa~c into the lakes. He said that the implication was that the Commissioners should approve the connection into The Clades because of an emergency situation which required protection of the pUblic health. Col. Beebe stated he was an officer and ~irector of the Lakewood Country Club which owns four of the lakes in Lakewood, as well as a home owner in thðt area close to one of the lakes in the outfall flow from the c.ewage plant, and that he WðS concer~eð by those allegations, and he cðlleò the DER in Fort Mycrs where he spoke to Mr. Gordan Romice, who told him that the Lakewood Sewage Plðnt was performing s~tisfactorily¡ that it was in compliance with the DER regulations¡ that it was capable of continuin~ to function properly if not connected into The Glades system¡ that it was not -falling apart"; that there was no emergency which required such a connection, and that the plant had been upgraded to capacity of 2ØØ,ØØØ gallons within the last year. Col. Beebe said that Mr. "Romice emphatically denied that raw sewage was dumped into the lakes and that ho stated that during the heavy rains several weeks ago, he authorized 95\ treatment offluent from the third polishing pond to be super-chlorinated and discharged into the lakes to prevent over- flow or rupture of the berms, which drew the water level down approximately two feet. Col. Beebe said that Mr. Romice explained that this represented absolutoly no hum~n, health hazard. Col. Beebe said that the people had been advised by ~ne of the U.S. Home Corporation engineers that the water discharge was of drInkIng water quality. Col. Beebe reported that Mr. Romice saId that whon U.S. Home Corporation roquested permission to connect into The Clades ..wag. treatment plant, he aproved the applIcation because The Glad.. plant was capablo of handlIn9 tho Lakowood Iowa;. but he dId ~~o~ 065 fACE 210 P~CJO 37 . eeOK 065' PACE 21f :1 October 20, 1981 r,;, not order u.s. Homo Corporation to mako the chan90. Col. Beebe saId he thought it should be ,noted that the Dr.n is concerned only with water quality, public health, and environmental aspects of the sewage treatment plants and that the County Commission remains responsible for policy decisions with respect to the areas to be servod by pðrticular sewage plants, tho rates and the regulations of those plants. Col. Beebe said that it seemed to the Civic Committee that the u.s. Home Corporation, which is nearing the completion of its development of the Lakewood Subdivision and is now in negotiation with the home owners concorning the turnover of Lakewood community service, also desires to get out of the sewage treatment business. He explained that by a fortunate coincidence the owners of The Glades, from whom u.s. Home Corporation purchased the 40Ø+ acres which became Lakewood some years ago, had recently built a 70~,ØØØ gallon sewage treatment plant, which could easily take on the Lakewood sewage and that U.S. Home Corporation could then move their sewage plant to ðnother development site and build more housing on the vacated site, which would be a splendid business derision for u.s. Home> Corporation. Col. Beebe said that these actions raised to his Committee the following important public policy questionsa l. 2. Is East Naples to be served br a unified sewage system? Is such an undertaking feðsib e in any reasonable timeframe? How and at what price could such a system be funded? If there is no reasonabl~ prospect of a unified East Naples sewage systom, should the Commission pormlt area systems, serving more than one development, to be built and operated and if so, by whom? What hðppons to the fringe areas needing Sewftge service if the ·cream" is skimmed off by privato, sowa9. plant entrepreneurs? 3. 4. 5. . Page 3R .' . . Octoher 20, 1901 t'~b Þt,. , ;~}t " " 6. What about vested ri~hts of home owners who hnve paid for sowa~e factlities in developments such as L~kewood? 7. Who owns and who will mðint~in the sewer lines and the mains, for example, in Lakewood, where the roads under which the sewer lines lie have been dedicated to the County? ' Col. Beebe said that not the least of the policy questions is whether developers may construct sewAge teatment plants and reach boyond the limits of their own platte~ subdivisions to take on the sewage tre~tment of other developments without the approval of the County Commission, and may a developcr divest himself of his responsibilities to provide sewage treatment for his development by contracting away his system and its users to another without the consent of the County Commission? ·'.fi :; ',;:"r " " ~.-~ Col. Beebe noted that Ordinance No. 7~-71, dated 12/2l/7~, certainly provides for control by the BCC over public utilities and the granting of franchises, the establishment of rules, regulations, and procedures, rates and prohibiting rates and charges not approved by the Board, and penalties for the violations of any of those provisions. He stated that the actions of The Glades and the u.s. Home Corporation in this matter are, according to the County Utility Manager, in violation of the County ordinance and that the County Attorney noted in the October r,th meeting that Lakewood has a legal obligation to operate its plant. Col. Beebe said that the residents of Lakewood must complain that the actions taken by The Glades and U.S. Home Corporation have been without notice or hearing, no franchise has been granted by the BCC to Tho Glades, no rAtes have beon set by the County Commission nor has any rate making procedure, required by the ordinance, been filed. He laid that Section ~C of the ordinance provides that ð public utility .h~ll not charge or receive, directly or indirectly, '~J .~ '" . "', ~~\ .,. i~ ':~,'~ 'I·~ -. ,'r" ,-¡" '.r~...··.. .;':( ;"1 '¡',,~ ]:,1" " ..;'~- : " " , j'i'-~~ , \~'~ aOOK 065' PACE 21Z PlttJ. 39 . ßOO~ 065 PACE 213 October 2A, 19B1 any rate or chÐr~c not on file with tho Board for the pnrticular class of service involved, which obviously predisposes that the Bce had granted a franchise and established the rates before such a public utility may collect from those served by the system. Col. Beebe said that if, in due course. the Board does authorize The Glades to take over sewage treatment for the Lakewood SubdivJsion, the Civic Committee of Lakewood respectfully requQsts that the 8CC comply with Ordinance No. 76-7l and follow the procedures prescribed therein with respect to the granting of franchises, determining and fixing reasonable rates, including necessary notices and hearings before the U.S. Home Corporation i. relieved of its responsibilities to provide sewage service for Lakewood. He said that the Civic Committee has made no request that the U.S. Home Corporation abandon Lakewood and turn that sewage system over to the Glades. He said that although there have boen occasional complaints about odor, service has been satisfactory and the rates have been fair and reasc~able. Col. ßeebe explained that in 1980, he paid $7.00 per month for sewage, paying one year in advÐnce, and that this year he paid $9.5Ø per month, a~ain paying one year in advance. Homeowners whether living in houses, villas, or condominiums all pay the same rate In Lakewood, regardless of the size of the dwelling, number of baths, ßinks, etc., he said, and he noted that a homeowner could pay quarterly in advance at the rate of $lC.8Ø per month. He added that on October 1, 1981, those homeowners payin9 quarterly were notified by Naples Utility Corporation that "due to an anticipated changeover in the system, the enclosed statement is on1y for the month of October. W. hereafter are billin~ monthly." He said that he wa. told by Utilities Manager Berzon and a Clades re.ident that Th. Pa~e 40 . . October 20, 1901 ~. Clades charges re~idents $14.90 per month ~nd he stated that if such a chargÐ were applied to him, that would represent more than a S0' increase in his sewer charges and the i~crense would be close to 4A\ for a person now paying $lO.S0 per month. He said that the Civic Committee does not view such increasos with enthusiasm. Col. Beebe said that if the BCC does eventually decide to franchise The Glades as an aroa public utility, he felt that the BCC should keep in mind that, according to Mr. Aerzon, The Glades requires a service capacity of 135,n~n to l4n,øOO gallons per day and Lakewood 20~,ØOO gðllons per day. He said that in fixing rates, the excess capacity of 3ØO,~ØØ to 35ø,øa~ gallöns beyond the current requirements and the investment in plant and equipment, as well as depreciation schedules for the excess, should not be factored int~ the rate base for the residents to be served by the system. He said that if The Glades is franchised to develop its business property frontages on u.s. 4l, Davis Boulcvarù, and Airport Road and acquires other customers, then the excess capacity should be worked into the rate base. He noted that it should be remembe'red that the Boar'd did not ask The Glades to develop a plant of such capacity nor did the . residents of Lakewood or of The Glades. Chairman pistor ^skod County Attorney Pickworth what action the Board should take and ~r. Pickworth said that the question is, is the Board going to make the decision as to whether The Clades serves Lakewood and in the terms and conditions of a franchise, the rates, or is the Board going to allow the hook-up to be made and then see what can be worked out. He said ·what is goin1 to come first· Is really the question. Commissioner \\'enzol stated he would recommond that the !rðnchiso come Cir8t and, if tho franchise i8 acceptable to bQth aOOK 065 'ACE 214 p"!)O 011 . . nOOK 065 PACE 215 'j" Octoher, 2Ø, 19a\ i,< parties, then a permit would be given The Glades to hook-up ðnd expand their area outside their present development. Commissioner Brown laid that he heard Mr. Vega say the last time he w~s present ropresQntin~ The Glades, that they would be 9lad for the County to .», " } ,', .,~: ,i regulate, the rates. Chairman pistor said thatt he felt the problem was that The Glados went outside their own development, contrary to the la\l, and that the feeling of the people who have talkod to him is that a stop should be put on The Glades and the franchise written. Mr. Bill Barton, a representative of U.S. Home Corporation, said that from the beginning u.s. Home Corporation never intended to be in the sewer business and tha t the existing sewage treðtment plant is temporary in nature, an~ that, under the zoning and plat, the land is approved for residences to be built in the area where the sewer plant currently exists. He said that it was u.s. Home Corporation's understanding, at the time the plant was built, that an East Naples sewer system would be in place and operating no later than 197~ ðnd probably by 1975. He explained that the sewer plant is operating very well and is a larger capacity than is required for the current flvws, with the ~xception of effluent, and that the percolation pond~ of the Lakewood sewer plant have the same problem which the City of Naples has with its plant, i.e. what is to be done with the effluent? Ho said that the polishing ponds are as large as they can be for the site and were very nearly overtopping their bank. during the past rainy season. He said that on a long term basis, if effluent was allowed to flow to the Lakewood lakes that .. the nutrients in the effluent, which cannot be removed by the current plant, would rapidly be~in to deteriorate the lakes from the increased growth of weed and ð1gðe in the lake syste~, and that U.S. !':~: :i~ ")';:" . !f>- ').j, 'S,}' .~ti }~~, . ;~'t\ , ~i pag I .. 2 . . \" October 2A, 1901 Home Corporation considers that to be intoler~ble, and, therefore, the Corporation was under duress in that the sewago plant as a total function is incllpable of continuing to accept the flQ,ws that' it is currently receiving. Mr. Barton said ho felt that it was important to note the fact that The Glades is more than willing to sit down and use approved accounting methods for the detormination of sewer rates ~nd to have those rates controlled by Collier County throu~h a franchise agree- ment. He said u.s. lIome Corporation would appreciate the Board's statement that the BCC will assist them in working toward that Pond. Commissioner Kruse said that there ~re two methods currently used in the County, i.e. granting a franchise or the procedure which was used to hook up part of Marco to Deltona, and she asked if both of these methods have been considered in the case of The Glades, and Mr. Barton said that he is of the opinion that the rates currently being charged in The Glades have not becn set by a stand~rd rate study accounting method, but that intends to be done. lie said that there would be no increase to the Lakewood residents until January 1, 1932. Commissioner Kruse asked if a developer is going to cease operations on a sewer treatment pl3nt would th~t not require Board permission, and Mr. Pickworth said that he did not know of anyone who håd abandoned a sewage treatment plant before and, therefore, he could not respond to that question. In response to a question by Commissioner Kruse, Mr. Pickworth said that he and Mr. Berzon have received a proposed rranchise from The Glades and they ~re in the process of preparing a franchise which they feel would more adequately serve the public. He s~ld that ho would not recommend thðt tho Board USe any or the other aOOK 065 PACE 21.6 P"10 011 . ßGO~ 065 PAGE 217 \' October 20, 1901 franchises under which the Board currently opcrates with other p~rties. Mr. B. M. Nielsen, residant of Lakewood, stated that he felt the situation was going to "take a little more pressure than the residents of Lakowood have" to resolve the situation under dlscus- slon. Commissioner Wenzel moved that the Bo~rd exorcise its right and authority, as defined in Ordinance No. 7~-7l, to take whatever action the Board deems necessary to resolve the matter in a manner such is equitable to both parties and that at such time as the franchise is brou~ht before the Board, that thp. Board exercise that right. His motion died for lack of a second. ^ft~r continued ðiscussion, Commissioner Wimer stated he felt it was important to have some public hearings on the sewage treat- ment situation in Lakewood in order to get some input on the rates, and Chairman pistor said that when the Commissioners voted as they did at the October 6th BCC meeting, it gave The Glades the right to hook-up and charge whatever rates they wanted until they agreed to a franchise. Commissioner wimer said that he felt at that meeting everybody agreed they would work and develop a franchise so that The Glades would have a franchiso areal that from the correspondence, which he assumed all the Commtssioners had received, The Clades ~aid' they hired an enginoering firm to delineate an entire area because that was the Board's request. He said that at the October 6th meeting, the Board asked The Glades to find what area they could oconomically serve in Collier County and come back with a franchise so that the Board could rc~ulat. them to care for the citizens because tho governmont cannot do it. ',I; '::1* ..",~ ·.~k; ;~:F . ~'¿,t ,'::".... .: '~~;1~ Commissioner Kruse offored a compromi.e that the Board ~llov . Pðge 44 . . . \' October '"0, 1981 The Glades to hook-up the service pendJng fr~nehise agreement but that no rate hiko would be allowod until ratification of the franchise agreement in front of the Aoard and that the Lakewood plant shall not be rlismantled until such time as the agreement is reached. Mr. Thomas R. Brown, a represent~tive of u.s. Homes Corporation, stated that his client was in agreement with Commissioner Kruse's compromise and he noted his client would prefer to have a franchise agreement which would define procedure,but that if one is not in effect, the County Commissioners still have the right to set rates under the County ordinances. Mr. Vega said that The Glades agreed with Commissioner Kruse's compro~ise and that his client w~s willing to work out a franchise ~nd will not raise the rates pending a resolution but the company would like to proceed at a normal pace. Commissioner Kruse moved, seconded by Commissioner Wimer and, carried 4/0, with Commissioner Brown absent, that The Glades hook-up bo allowed to be made; that the Lakewood sewage treatment plant not be closed or dismantled; that a franchise be prepared; ðnd that no rata increase will b~ allowed until such time ~s a franchise is ratified and a rate hearing is hold for the Board to set the rates. Commissioner ~imor s~id he hoped that during the public hearings all interested persons would attend so thðt those questions which Col. Beebe asked would be brought out. Col. Beobe expressed his thanks for the Board's cooperation ~nd consideration of the Lakewood residonts' concern re~~rdin9 the aewage treatmont facility in Lakewood. ·····RECESS: 3.05 P.~. RECONVENEO: 3zl'- P.~...... Commissioners Brown and Wonzel absent. &00« 065 fACE 218 ' pafJe ~~ 8CO~ 065 PACE 21.9 Octohar ~n,.1901 FURTIIER CONSIDERATION OF PROPOSED n~VISIONS TO ORDIN^NCE NO. 80-77 DESIGN~TING DUTIES AND RESPONSIBILITIES OF COUNTY M^N~GER - TO BE \\OnKSlIOPPED I\T 1\ FUTlJnr. MF:F.TtNG Chairman pistor stated that further consicleration of the proposed revisions to Ordinance No. 8A-77 designating duties and responsibilities of the County M~nðger would be workshopped at a futuro meeting. CATV FRANCHISE AGREEMENT WITH WARNER-A~EX, IN~. FOR THE I~MOKALEE I\REA - I\PPROVED In response to a question by Chairman pistor, County Attorney Pickworth explained that when the request for approval of the trðnsfer of CATV came before the Board on October l3, 1991, the actual drafting of the revised agreement hðd not been done but that it is now complete and he briefly related the ch~n~os which have been made in the agreement, i.e. the references with Sandia have been deleted, references to the Office of Risk Management have been replaced ~ith Clerk of the Court, Section 4 was reworded slightly to require immediate notice from franchisee and insurers that insurance is in full force and effect and the Rub-section which dealt with starting construction within certain time periods was deleted. He said that with the above changes, he recommended that the C,unty execute the sam~ franchi81 with Warner-Amex which is currently In effect with Sandia. Commissioner wimer moved, 8e~onded by Commissioner Kruse and carried 3/0, with Commissioners Wenzel and Brown absent, that the CATV franchise a9reement with Warner-Amlx, Inc. for the Immokal.e aria b. approv.d. .. PafJO 4.. . . f¡~: ; . , ,"''0 :. \,','..... II :, 'O.a- ;.I .,.... ,It.: CJ " ';U~ ~ ,... . ... ........ "'+le :þ. " :;. ~ .t: 'II B · .... B . . &J..... ~.+' ~,,~ f.~ ~'8 ;8 &... , Co '..11 .. " iI:....... ·\'.5. )"~··'S E I', 0 ;1 !... " tJ '\4 .... "IO+' . .... c P..·~CJ.'" ... , ... 0 : ø. \.4 .)" ':ø.,tc' . :" ' 1(~"lt·,···~- , ßúO~ 065 ~AGE 231 Octobor ?n, 1901 SUPERVISOR OF ELECTIO~S' REQUEST FOR 1\S~I~TANCP. FROM PL"N~INC DEPART~ENT STAFF IN DRAWING NEW ELECTION PRECINCT qOUND^RIES _ APPROVED Community Development Director Virta explained that his department has an estimate now of the time which would be needed in order for the Planning Department staff to assist the ~upervisor of Elections in drawing new elections precinct boundaries, and he said he would liko to present a report, reqarding this project to the Board on October 27, 19a1, which would indicate what is h~ppening to the rest of the Planning Department work programs as a result of doing the work for the Supervisor of Elections in order for the Board to have a complete understanding of what is involved. Commissioner Wimer moved, seconded by Commissioner Kruse and carried 3/0, with Commissioners ~enzel and Brown absent, that the Board approve the Supervisor of Elections' request for the Planning Department's assistance in drawing new election precinct boundaries which she needs immediately. Chairman Pistor asked that the presentation of the report, to which ~r. Virta referre~, be placed on next week's BCC agenda. PETITION FP-Bl-17C RE FINAL PL~T FOR MARCO BEACH UNIT 27, KNOWN AS MARCO SHORES - GRANTED Commissioner Wimer moved, seconded by Commissioner Kruse and carried 3/0, wllh Commissioners Brown and Wenzel absent, that the final plat for Marco ßeach Unit 27, known as Marco Shores, aa requested in Petition FP-Bl-l7C be ~pprovod. . paq. 41 " . . . ; '~,~';~:' ~~~;~f' .-'.! (of, . ~~:':t""'i-~ . '1.;.(,. t' ',,', " '':'''' II .\4 0 ~ O~.... '..... tJ II '" II tJ ..."-tll opf . ÞOt ....... 'opf... c:: ..,~ II II 'Q"..c: '." a I ...·8 ' . ..II.... ,;ao+) , ., ~ ~, tIØ'tI ,.'i&[ :I!'=~ :~5~ .'¡~. ' 8;:: · 0 , JÞOt ! tJ ,:\4 .... ",0'" . ;, ... c:: · :¡. .... ÞOt " k 0 :" .~ø.\04 ØJ··", " · ., ...'....,'....,, < ,- ::¡I'~< ': " .. ..#". \' October 2Ø, 1991 In response to a quostion by Chði'rman Pistor, Pl~nner Lee Layne said that the Board had to act on the aforementioned project because it was ð requirement of the Subdivision Regulations. PETITION PU-81-1l-C nEQUESTI~G PROVISION^L USE (9) OF "A" ZONIN~ FOR A COM~UNICATION TOWEn ON PROPEnTY LOCATED ON T"E SE CORNER OF THE UTILITY SITE L~CATED OFF ELKCAM CIRCLE - OE~IED Commissioner Wimer moved, seconded by Commissioner Kruse and carried 3/~, with Commissioners Wenzel and Brown absent, that Petition PU-81-lC requesting provisional use (9) of "A" zoning for a communication tower on property located on the SE corner of the utility site located off Elkcam Circle be denied. PETITION FP-8l-1BC FINAL PLAT FOR PELICAN BAY UNIT THREE, AND CONSTRUCTIO~ SUnETY - GnANTED Commissioner Wimer moved, seconded by Commissioner Kruse and carried 3/Ø, with Commissioners Wenzel and Brown absent, th~t Petition FP-Sl-lOC re final plat for Pelican Bay Unit Three and construction surety be approved. ,; . , ,> &GOK 065 fACE 232 Page 4" . " . ... ~.... r. October 20, ,l!)Ol PETITION TR-8l-24-C, THEODEASE K. GILLINGS REOUE~TINC ^ Tr.~ronARY RESIDE~CE PER~IT TO UTILIZE A TRAVP.L TRAILER DURI~C CO~~TRUCTIO~ OF A PRINCIPLE RESIDENCE ON TR^CT 32, UNIT 73, GOLDEN ~ATE ESTATES - GR~NTED ' Commis~ioner Wimer moved, seconded by Commissioner KrusG ~nd carried 3/Ø, with Commissioners Wenzel ðnd Rrown absent, that Petition TR-8l-24-C, filed by Theodease K. Gillings requesting a t.mpor~ry ~esidence permit to utilize ð trav~l trailer during,. . constr.uction of ~ principle residence on Tract 32, Unit 73, ~olden Cate Estates be approved. CONS~IDER^TION OF A RESOLUTION RE BCBß AND L....ND ,",CQUISITION TO GOLDE~ C~TES -CONTI~UED TO ~OVP.M9ER 3, 1991 Chairman pistor said that Board conr.ideration of a resolution regarding aCBB and land acquisition to Golden Gate would be postponed until November 3, 19a1 because BCBB Executive Director Yidzes was not present. ·····Commissioner Brown returned to the room at 3120 P.M...... FINAL ^CCEPTANCE OF VARIOUS STREETS IN MARCO BEACH SUBDIVISION - GRANTE:D .. Commissioner Wimer moved, seconded by Commissioner Kruse and carried 4/~, with Commissioner Wenzel absent, that final acceptanco of the following streets in Marco Beach Subdivision be approved: MRCO BEACII UNIT I) South Seas Cour t Cottonwood Court Cottonwood Aridge June Court lonl ta Cour t IIale. Court Wale. Br idge II..ter1e&:l! Court Edgewater Court Marque.as Court Adml ralty Cour t Hunt Court South Joy Circle Wost Joy Circl CI Rio Court Golden nod ^vonuo (Wnles Court to Ed(jowl\tor Ct.) tçOt 065 fACE236 pago 4' . 6GD~ OGS rACE 237 October '-n, 19n1 MAnco RF:M:rt UNIT 11 HYÐcinth Court (from Giralda to Rockport) Hull Court Rockport Court "'MtCO ßE^CII UNIT 12 Ranard Court "1Dundec Court Thorpo' Court Gray Court Kendall Drive (from Hernando to 120' North of Renard Court) Richards Court Austin Court PI! rkhouse Court Clifton Court . APPROVAL TO DISPL~Y COUNTY IIELICOPTE~ AT COASTLAND ~ALL, NOVEMBER 13 £ l4, 19A1 - GRANTED Commissioner Wi~Qr moved, seconded by Commissioner Brown ~nd carried 4/0, with Commissioner Wenzel absent, that the Board approve the display of the County Helicopter at Coastland Mall November 13 , l4, 1981. ' ·····Commissioner Wenzel returne~ to the room at 3:25 P.M......· REPORT TO BOARD RE PURCHASE OF ^ DOUBLE WIDE MOBILE OFFICE UNIT FOR BUILDIN~ INSPgCTION AND RP.LOCATION OF A SINGLE WIDE ~OßILE OFFICE UNIT TO SERVE THE T^X COLLECTOR; RESOLUTION 81-235 EXPRESSING APPRECI^TIO:-J TO MOORINGS PA:U< F,;)R THEIn DONATION OF THE DOUBLE WIDE ~OßILE OFFICE UNIT TO COLLIER tOUNTY TO BE PRESENTED AT 9:00 A.M. ON OCTOBER 27, 1901 - ADOPTED Assistant County ~anager Smith explained that the Board had previously approved $39,9A4.0a to pUrCha8G a new double wide mo~ile office unit and relocÐtion of a single wide mobile office unit to serve the Tax Collector, and that as a result of contact between Commissioner Wimer and representatives from Moorings park, it was loarned that ð used double wid. mobile home unit was available whlcb could be used for an 'office for the ßuildin~ Inspection Dopar~ent. He said this was acquired, moved in~o position and a savln9s of approxlmðtoly $25,000 rOBulted. Ho roferred to tho Executive .. . '.go S' . ". " . . . .' " . ; ':1 . . . " Octobor '"0, 1981 .. \' s ~ : J /. Summnry dnted 10/12/8l reCJardinCJ the oforcmentioned 8ubje'ct and a Resolution which would express the Board's appreciation to MoorinCJs Park for this mobile unit. .; , . " Commissioner Wimer moved, seconded by Commissionor Kruse and carried unanimously thnt Resolution 81-235 expres8in~ Board appre- ciation to Moorings Park for the double wide mobile offico unit be adopted and Commissioner Wimer requested that the presentation of Resolution8l-23S,be placed on the BCC agenda for October 27,'1981 at 9:00 A.M in order to give Moorings Park appropriate recognition Cor their contribution and the other Commissioners agreed with that åuggestion. ~-~ ').';'; ~'~'I, }1:!iI'~ ~;~. 'Ii, ,,',-' ',' ~- \ft:,~ :~\'> ac,o~ 005 tArÆ238 Pa9. Sl "1\°" 'J"- ,/::/ .. ".',':',,' .". ,~.~. . .' ~ . ~- ;, ~ ,,}¡~. . . '. .' , Octobor 2", 19n1 . BIDS 1510 RE ROLL-OFF CONTAINER SERVICE FOR NAPLES TR~NSFEn ST~TION - REJECTED . Legal notice having been published in the Napl~s'Dnily.News on September 25 and 28, 1981, ðS evidenced by Affidavit of publication filed with the Clerk, bids wore received for Bid ISlB, for roll-off container service at the Naples Transfer ~tation, up to October 7, . ' 19B1. .... . . Commissioner Wimer moved to award aid .S'lO to Yahl Brothers Disposal. Assistant County ~anager Smith stated that Public Works . Adm1'nistrator Bðrksdale adv'ised him that since 3id ISle was taken , I' .and the recommendðtion, as explained in the Executive Summary dated 10/9/01, was prepared for the Board, his department has explored the possibility of purchasing a trailer for the County to be used as a roll-off container to allow large or bulky type wastes to be deposited at the Naples Transfer Station so as to reduce small vehicular traffic at the Landfill and to keep uncompactable material out of the compaction units. Mr. Smith said that it may be co~t Gt£cctiv~ to obtain such a trailer and that Mr. Barksdale recommends the purchase of a trailer for the aforemontioned, purpose and that the Doard not accept the bid for aid 1518. Commissioner Wime~ withdrew his motion. Commissioner Wonzel moved, soconded by Commissioner Kruse and carried unanimously, that the bids received for Bid 'SlS be rej.cted. ~{ ·····Commission.r Rrown left the room at 3133 P.M...... ''.+t ";h_ , .,:.i_~, " "!p.~ aLO-. 06S ~AG£ 240 '~ ')" '.{~: ,'~w Ii. ,r.~, ':.::t: '.;i,~ "1 .)" pa9. 52 . .. &~O~ 065 tAcE241". October, 2", 19'11 . aID 1519 RE COMPUTER ELECTRICAL PROTECTOR - AWARDEO TO MtD-CONTI~r.NT ELECTRIC, INC. EXCLU3IVE: OF D^TA CO..,:.1UNIC^TION TERMIN,\L IN TilE AMOUNT OF ^PPROXIM^TELY $ 4r,,~11 Lcgal notice having been published in the Naples Dnily Nows on September 25 and 29, 19A1, as evidencod by Affidnvit of Publication filed with the Clork, bids were received for Bid ~S19 for a Computer Electrical Protector, up to October 7, 19B1. Assistant County Attorney Smith explained staff recommendation to awar~ part of BId ISl9 for the purchase of a motor-generator and connecting cable, in the ,amount of approximately $4G,4ll.0Ø, to the low bidder, Mid-Continent Electric, Inc., and that the part of the bid relating to the communication cable between the computer and the CRT terminal be deferred until ð later time when a decision has been made as to whether fiber optics or conventional cable would be used for that purpose. County Manager Norman responded to a question by Commissioner Kruse by stating that fiber optics is not a typical item with which electrical contractors are involved and is very specialized with only two or three companies in the country able to provide it. "e explained that rather than incorporate the fiber optics option into the bid or delay the bid opening and ordering the motor generator, staff proceeded with the bid opening and did independent investiga- I tion using Mr. Murray, consultant, and Mr. Bill Denty as resource people to look into the fIber optics possibility. Mr. Norman reported that he had received a call from Mr. "'urray in which he IndIcated ho roceived a proposal from a firm which staff had contActod and it was Mr. Norman's understanding that the material. which that firm ..lla are GSA priced and, therefore, it would not b. nec...ary for the County to 90 throu~h the bid process on the . Pa90 53 . , . " '. ~¡ "~ 'i~ ,;'...: ,;'~ ...~ :1 ". },~ i;:.: ~ October 2Ø, 19"1 communication cable. He said he expected to havo an answor for the Commissioners on the fiber optic item within the next week or two. Commissioner wimer moved, seconded by Commissioner pistòr and carried 4/Ø, with Commissioner Brown absent, that Bid 1519 be awarded to Mid-Continent Electric, Inc., being the lowest bidder, in the amount of $~~,~ll.ØO, and that the Chairman be authorized to <,'<; '/i; ç!- ;1 "1 sign and trye Clerk to attest the resulting agreement. CETA CONTRACT MODIFICATIONS TO PROVIDE FOR FURTHER REDUCTIONS IN YOUTH EMPLOYMENT ~ND TRAINING FUNDS - APPROVED Commissioner Wimer moved, seconded by Commissioner \alenze1 Ðnd c.Ùried 4/0, wi th Commissioner Brown absent, that the CETA contract modifications, liS explained in the Executive Summary dated 1 A /<; /8 1 , to provide for further reductions in youth employment and training funds be approved. <.'-. .'J' " ,co« 065' ~ACE242 .,,.... ~~~: !::~~~~" ',,¡~.. .,~~) . -;1' Pð"O 1)4 :,', " ..J<, ~ '.1. . r Octohor 20, 1981 ,:~ ",:,1 .. ~ '. ~;,I " BOARD EXERCISED OPTIONS TO CONTINUE LEASE OF OFFICE ~PACE AT 512 11 th STREET N., IN ~APLES FOR TilE YOUTU GUt DANce DEPART,.,ENT FOR THE PERIOD OF 10/1/ln THnOU::;fI 9/3"/93, AT " $<1~H, MONTHLY R1\TP. County Manager Norman explained the option to ronew the lease for offico space for the Youth Guidance DepÐrtment at 512 llth Street N. for the period of lØ/l/gl through 9/30/83 as detailed in the Executive Summary dated lO/S/81. He said the $4~O monthly rate was ~stablished in the ori~inal lease which was negotiated last year and is a two year optional renewal. He noted th~t is a favorable price and staff recommended the option be exercised for two years. Commissioner Wimer moved, seconded by Commissioner Wenzel and carried 4/0, with Commissioner Brown absent, that the Board exercise :'" " the option to continue the lease of offico space at 512 llth Stre~t No., Naples for the Youth Guidance Department for the period of lØ/l/8l through 9/30/03, at a monthly rate of S40Ø.OØ. , 'J~ 'jí 't . r (.~: .q: .. <t '.,:' .'~ .\:" /'.~;: e~o« OG5 tACE252.· PII90 55 ,,' . . ,.,'.ii : :\i'l , ,,~ .,'" \' October ?ø, 19R1 ·····Commissioner Brown returned to tho room at 3:35 P.M.··..· FORMAL BIDDING PROCESS 'tlAIVED; P1\N "~ErHC"~ SURVEY 1\UTnORtzED TO PERFORM AERIAL PHOTOaR1\PHY OF THE GOVERN~~NT CO~PLEX WITH THE TOTAL AMOUNT NOT TO F.XC~r.D $?,'>~O.O~ Administrative 1\ssistant to the County Manager Dorrill referred to the Executive Summary dated 1Ø/l2/8l which explains a request for aerIal photography to ncquirc a composite survey of the exiating Government'Complex. He said that the 1\rchitect/Engineer for the expansion project had presented a recommend~tion "nd that, upon lJnðlysis of that recommendation, Public \,forks Administrator Barksdale indicðte¿ to stÐff that in-house engineering and surveying crews could perform the site survey at a consider~bly reduce~ cost than what had b~en proposed. Mr. Dorrill asked that the formal bidding process be waived for the aerial photography portion of the survey, which could not be u~dertak~n by the Engineering Department personnel, in an amount not to exceed $2,6~n.On. Commissioner Wimer moved, seconded by Commissioner Brown and carried unanimously, that the formal bidding process be waived and that Pan American Survey be authorized to perform aerial p~otography of the Government Complex with the total amount not to exceed $2,60Ø.JØ. ·····Commissioner Wimer left the room at 3:31 P.~...*.. CONGREG1\TE ~EALS SERVICE A~REEMENT FOR FY 1981-82 WITH TRt-CQUNTY SENIOR SP.RVICE5 - "PPROVED County Manager Norman explained that the Con9re~ate ~cðl. Service Agreement was a routine matter fo110wln~ the adoption of the budget for FY 1981-82 80 th~t payments can be made. Commissioner ~ruse moved, 8econ~ed by Commi88ioner wenzel ~nd cðrriod 4/0, with Commissionor Wimer ahftent, that the Con9re~At. ac,o~ 065 tACE 25'- PlIIgo IS" . ßCO~ 065 rAGE 255 October. UI, 19R1 Meals Service Agreement for FY 1991-a2 with Trl-County Senior Services be approved nnd thDt the ChDirm~n be ~uthorized to execute same. When Commissioner Wimer returned to the room, he stated for the rÐcord thðt he voted ðffirmativoly for this itom and, therefore, the vote was unanimous. . P~1. 57 , . ~úO~ 0 ð~ ~ÅGE' z;5g ... ',." 'i~ 1} ~~ Octobcr 1.0, 1981 I':> W^TP.R FACtLtTIES FOR TREF.TOPr, OP N^PLE;, - ^CCr.DT~n Administrative ^ssistant to the Utilities M~nager ~tephan explained that Treetops of Naples, which is a development located on the East Trail just before the Hitching Post, has constructed water and sewer lines for the development and the developer is asking for acceptance of the water lines only, ~t this time, so that the Utility Division will be able to begin sche~uling water meter installations in that area. She said that on October 27, 1981 acceptance of the sewer facilities will be requestecl. She explained that the developer, Mr. Bruce Mumm, has given the Utility Division a letter stating that no Certificates of Occupancy will be issued to any of the structures in the development until the sewer facilities håve been deeded to the County and leased back to the developer for operation and maintenance. Commissioner Kruse moved, seconded by Commissioner Brown and carried 4/0, with Commissioner Wimer absent, that the water facili- ties only of the Trp.etops of Naples developmcnt be ~ccepted ðnd that the documents listed below be accepted an~/or filed for the record. When Commissioner Wimer returned to the room, he stated for the record that he voted favorably for this item, and, therefore, the vote was unanimous. A) Warranty Deed for the water facilities. B) Results of pressure testin~ the water lines. C) h statement from the Developer agreein9 to dedicate the sewer lines to the County when the County accepts the sewer line.. D) Bacteriological clerance from tho OER. E) Lab results on bacteriolo~icÐl tests for the water lines. F) Bill of Sale for the water facilities. . Page 58 . . . . , ".. t " ~" " , , r October ?on, 19n1 ':. G) Affidavit of No Liens and Partial Relense of Mortgnge. H) Certification concerning any contributions in aid of construction. I) Verification of final cost for the water system, J) Legal description. K) Up-to-date list of customers and/or owners of individual lots. L) Utility Easement granting rights-of-way to lineB ~nd/or system within privato property. M) Letter by Engineer certifying that all water facilities are located within the Public right-of-way or dedicated easements. N) Contractual Guarðntec for m~terial and workmanship for a period of at leßst one (l) year ~fter the Board of County Commissioners' ðcceptðnce for both water and sewer facfi i tics. 0) Letter from Fire District rcgarding ownership and maintenance of fire hydrants. P) One set of as-built drawings signed and sealed by the Engineer of Record. .".., ~. 'f' ...... It~~ 065 ~At,E 260 PI'ge 59 . BGQK. 065 ~'ACE 271 ." .~ October, 20, 1901 .\ "·r, r /',,- W¡\TER MID !i!::toJER F¡\CILITIES FOR TilE IIACtE"II)1t,!; - ACr.r:;PTF.O ^dministrative Assistant to the Utilities M~nager Stephan explained that the developers for The Haciendas, which is located in Cypress Way directly hehind the Naples Oinner Theater, ~rQ deeding the water and sewer facilities to thœ County for ownership, operation and maintenance. She said that all the documents have been received, reviewed and the County Attorney has found them legally sufficient for the County to accept. In response to a question by Commissioner Kruse, ~s. Stephan said there is adequate water pressure in the facilities. She responded to a question by Commissioner Wenzel by stating that all fees have been collected ðnd the developers have paid for all connections ðnd meters. Commissioner Kruse moved, seconded by Commissioner Wenzel and carried 4/Ø, with Commissioner wimer absent, that the water and sewer facilities for The fJaciendas be accepted and that the docu- ments listed below be acc~~ted an~/or filed for the record. When Commissioner Wimer returned to tho room, he state~ for the record that he voted favorably for this item, and, therefore, the vote was unanimous. A) Warranty Deed. B) Results of pressure testing the water lines. C). Bacteriological cloarance from the DER. D) Lab results on bacteriological tests for the water lin... E) Bill of Sale for the water and seWGr facilities. ." F) Affidavit of No Liens for the water and sewar facilitie.. G) Cert ~cðtion from the Monfort Corporation concornlng any contrlbutions in aid of constructíon. . Pðge ~ß ,'~ . . 'I: " \' October ?on, 19A1 II) Cert1ficlItion from the Maste'rcrÐft Dovelopment concorning any contributions in aid of construction. I) Verification of final cost for the water and sewer facilities. J) Legal description and description of the easement. K) Up to date list of customers and/or owners of individual lots. L) Utility Eðsement granting right-of-way to lines and/or ~ystem within private property. M) Letter by the En~inoer certifying that all water' and sewer facilities are located within the public right-of-way or dedicated casoments. N) Contractual Guarantl'to for material and workmtlnship f'or II period of at least one (l) year lifter the BOllrd of County Commissioners' acceptance for both water and sewer facilities. 0) Letter from the Fire District regarding ownership and maintenance of firo hydrants. P) Copy of the inflow/infiltration tests for the sewer lines. Q) One (1) set of as-built· drawings signed and sealed by the Engineer of Record. taOK 065 fAGE Z72 ' pag. 'H " , . ,/...,.. J;" ,: I', ';; ',YI " BúOK 065' PAGE 285 Octobor 20, 1981 ROUTINE aILLR - PAID Pursuant to Rcsolution 81-l5Ø adopted by the Boðrd of County Commissioners on May 2~, 1981, the following checks were issued throu~h Friday, October lr" 1981, in payment of routine bills: FUND CHECK NO~. AMOUNT County Checks 13~~l 1384t; $1,024,t;03.41 CETA 8~95 - 814l $ 7,42fi.øa General Fund 2 $ 37,573.53 BUDGET AMENDMENT 82-3 RE TR^NSFER OF FUNDS TO RE-APPROPRIATE 1981-82 FUNDS FOR EXPENDITU~E FOR SENIOR CITIZEN'S CO~PLEX ^DOPTED IN THE ^MOUNT OF $20,7SØ Fiscal Officer Hðll explaincd the need for a budget amendment to set up the funds for the Federal Rcvenue Sharing for the Senior Citizen's Center, which is action the Board has approved previously. Commissioner Kruse moved, seconded by Commissioner Wenzel and cÐrried 4/0, with Commissioner Wimer absent, that Budget Amendment 82-3 re transfer of funds to re-appropriate 1981-82 funds for expenditurc for the Senior Citizen's Complex be adopted in the amount of S20,7Sß.ØØ. When Commissioner Wimer returned to the room, he stated for the record that he voted fðvorably for this Budget Admendment, and,. therefore, the vote was unanimous. .. PIt"e ';2 . . ß~O~ 065 fACE 287 Octohcr,?O, 19R1 ·····Commissionor Wimer rQturncd to the room ~t 3:~n P.M.··.·· BUDGET A~END~ENT 82-4 R~ Tn^N~FF.R TO INCnE~SE R~L^nY EXPEN~tTURE LINE ITEM TO MEET EXPENDED EXPENDITURES (COUnT COUNSRLINO PROCRAM) FROM TilE CONTI"GENCY FU"J!':\ - ~T)(,)PTF.f) IN TIIP. 1\MnU'IT C'W $l,?qn Fiscal Officer Hall explained the request for a budget amcndment to transfer funds, to meet expenditure for increased salarios in the Court Counselin~ Program, from the Contingency Fund. Commissioner ~imer moved, seconded by Commissioner Plstor ðnd carried 3/2, with Commissioners Wenzel and Kruse opposed, that Budget ^mendment 82-4 re transfer of funds to increase salary expenditure line item to mcet expended expenditures in the Court Counseling Program (rom the Contingency Fund be adopted in the amount of $l,280. . \! Pl\~. ~3 ;",.. t\ , ",~. .\~. " . . ß(¡O~ . . ' 06~ fAGE 289 October ?~, l~91 MR. FRANK M. SI~ON ArpOINTED AS A RP.GULAR ME~ßr.R TO T~E PA~KS ~NO RECREATIO~ ^DVIRORY CO~~ITTP.E U~TIL DP.CF.~BER 31, 1903 A~D MR. D~NIEL MONACO APPOINTED AS ^LTF.RNATE TO S^Mf. COMMITTEE Commissioner Kruse moved, seconded hy Commissioner Arown ðn~ cðrried 4/l, with Commissioner Wenzel opposed, that Mr. Frank M. Simon be nppointed AS a reQular membor to the P~rks and Recreation Advisory Committee until December 3l, 1983 and Mr. Daniel Monaco be appointed as an alternate to the same committee. REQUEST BY EVERGLADES CITY TO BE EXEMPT FROM ZONING MOR1\TORIU~ FOR pnOPEnTY ON THE ~OnTI 200 FEET OF TilE ,,'EST l700 FEET A'lD THE NORTH lan FEET OF TilE '.yEST 1750 FF.ET OF THE SE 1/4 OF SECTION l2, T52, R29E, LYING EAST AND w8ST OF JANES SCENIC DRIVE RESPECTIVELY _ GRANTF:D Community Development Director Virta explained the request by tho City of Everglades to be exempted from the current zoning moratorium in order thùt they may apply for a w~ter treatment plant in conjunction with their wellfield which is located outside the corporate limits of the City of Everglades on property on the north 200 feet of the west l7nø fect and the north lOO feet of the wost l750 feet of the SE 1/4 section l2, T52, R29E, lying eðst and west of Janes Scenic Drive respectively. He said that the proposed zoning district in which this area would be, should the proposed zoning ordinance, be adopted, would not affect the provisional use aspects of this water treatment plant. Commissioner Wimer movod, seconded by Brown and carried unani- mously that the City of Everglades be exempt from the zoning moratorium in order for said city to apply for a provisional use for a watet troatmont plant on the previously described property. . pal'Je r-4 . . Octobor 2Ø, 1901 ~. RESOLUTION 8l-236 IN SUPPORT OF STATE ADOPTION OF ONE-HALF CENT OPTIONAL SALES T~X FOR COUNTIBS - AOOPTED Commissioner Brown moved, seconded by Commissioner Kruse and carried unanimously, that Resolution 8l-23~ in support of State adoption of one-half cent optional sales tax for counties be adopted. County Attorney Pickworth said that at ð future workshop he will give more specific information regarding this subject. aOOK 085 fACE292. Pi'98 '-S . . . . ¡.;,' ::, :J", .....,. ';', .,,'" , -1', }~, ':'~{ ""I;~~ ":~I~ ,~~: " ;.,,~ .>¡ i'{ N ,. ! l :'~ .\, .' w~ r ~~J\ , ~\\ ;'," :!t: ,i~.~ ":>~t· '~~ ;~ ~)l( ,~ '~~i ·.~i~·1 :; ..\~:,~... , I ...........i'l'.. .~;~,;~, . . ' ~....."....~; ....,. -""~'~'~""" ~..., "." . ' I , eoo~ 065 PACE 293 October 20, 19A1 E~S AUTHORIZED FOR FULL A~RUL^NCE C0VER~GE TO THE PUBLIC ~URINC SWAMP RU~~Y DAYS FOR TAR W~EKE~D OF OCTOR~A 2~ ~ ~5, 19n1 Commissioner Wimer explained he had received ð phone call questioning whether or not the fee policy f.or ~mbulance service should be implemented until the Board adopts said policy. He recommended to the Board that the E~S be ðuthorized to provide the public with full ambulance coverage during Swamp Bug~y weekend October 24 and 25, 1991 and that the EMS be notified that ð fee policy is being adopted for the future. County M~na~er Normùn stated he would recommend in favor of the above action and he said that he expects to have a report and recommendation for the Board regarding a comprehensive fee policy for the E~S within the next two weeks. Commissioner Wimer moverl, seconded by Commissioner Kruse and carried unanimously, that the EMS be authorized to provide full ambulance coverage to the public rluring Swamp Buggy DaYA for the weekend of October 24 and 25, 19a1. BOARD STATED THEY H^VE NO OPPOSITION TO THE GOLDEN GATE FIRE DEPARTM~NT SEE~ING INDr.P~NDENT DISTRICT ST1\TUS Commissioner Kruse explained that saveral people who are involved in requosting an indepondent Golden Gate Fire District have asked if the Board would registor whethor or not the Board i. in ~pposition or support of allowing the Colden Gate Fire District to go through the process for the legislative action for independent status with the resulting referendum. Commissioner Kruse moved, seconded by Commissioner Wimer and carried unðnimously, that the Board has no opposition to the Golden Cite Firo Department leekin~ in~ependent district status. . PðeJe ,,~ . . , , ,. i ,·.'·'.'·I·:··~..'·r,... ",' , ',",J' J .. ,", :1;'" "..'........... '.' t,·,'), ,.. ' " .;~. '-,1 " tf." ..'~ .' :~l!~ ,î. ' t , '":::~ ';"t. ·~fI·;··'·~.'· " " ,,; ~~. , I,:,!, ':,t, I" 1:,""" .' ':.l'\ . \I'''~ .; -..: '~~, 1- \, (~. . 'r. ,.,. '.~~" 1 :"',', hi -:_, ·.i~: ~ '.'........... I,~ . '......,. .'. '::':'. ',\~. 1, '1':ì:~ .""~ r October 2~, 19n1 , ·:I···....··.·~ .~. . ;¡. "t'JI ) , ~ r't . ',""'" ,,:'tl ,.~ ."'/, ~ ;~~ ~.... '~ ¥; MISCELLANEOUS CORRE5PO~D8NCE'- FILr.O AND/OR nEFp.RREO There being no objection, the Chair directed that the following corrospondence be filed and/or referred to the various departments as indicated: ~'>i ).:,~ ';'~ 1. Petition submitted by residents of Golden Gate Estates; Units 9S and 97, Sections 29 and 3~ requesting to be included in the N~FCD. xc Messrs. Norman and Hafner. Filed. '.; 2. information on background and functions of the SWFRPC submitted pursuant to recent discussion by the BCC reglHding that subject. xc Messrs. l1all, Virtl.l, and Norman. Filcd. 3. Monthly rccord of juveniles incarcerated in the Collier County Jail for the month of Septpmber 19a1. Filed. 4. Copies of Zoning Department investigations for M~y, June, July, August "nd September 1981. Filed. 5. Copy of report of dwelling units permitted from 1/1/75 through 9/30/81. Filed. 6. Copy of minutes of October 7, 1991 meeting of Ochopee Fire Control Di~trict Advisory Committee. Filed. 7. Copy of August ðnd September 1991 Forester Report. Filed. 8. Copy of memorandum dated lO/9/9l regarding State OCS Advisory Committee meeting lO/lS/al and items under discussion. xc Messrs. Virta, B~rks1ale, and Norman. Filed. 9. Copy of letter dated lO/9/9l from Ronald'L. Markham regarding situntion at Burger King on east Trail stating his intentions to repair the damago done by their company and discussing his attempts to meet with the manager, Mr. Gibson. xc Messrs. Norman and Barksdalo. F 11 cd . -. lC. Le~tor dated 10/13/81 from Georgo J. Stewart, President, Marco Island Fire Dept. enclosing copies of four Resolutions, 81-nAl through 81-004, recently adopted and proposed changos to the Marco Island Fire Department Charter. xc Messrs. Hall, Colding, and Pickworth. F 11 ad . " . '\' I ..I eco~ 065 PAGE 294 },~~< ,~~,:!,~ "t, '.'..,'.;.~',.~' ,' 'I. . '~!' ,;~.;t:'~ .¡¡.' !.V~, '¡f.~..:t,:~ "'~/""'\ . .r,,,\ '1'/;" ',.t . , fìi l,,'; '''ge ", .- . . ' . eGO~ 065 PACf295 Octobor 20, 19B1 11. Memorandum dated l~/lS/8l from A. J. MCMullian, tII, State Retirement Director, regarrling Supplemental Compenûûtion to Desi~nated Firefighters who satisfy , specified criteria as provided in Chapter ßI-~n7, Laws of Florida. xc PDyroll and Mr. Norman. Filed. Memorandum dated l(1/9/~l from Deput.y Chief Don Hunter, stating that the Sheriff's Department is unaware of any current sources of funding for their portion of the new Courthouse construction. xc Mr. Norman. Filed. 12. 13. Letter dated In/8/8l from Edward C. Shepherd, president, Board of Directors, Watersedge Condominium Assoc., regarding "grief" and property loss suffered because of the park ünd boat ramp and requesting ð g~te at the entrance to control the hours the boat ramp can be used. xc Mr. Norman. Filed. l4. Annual report from William J. Re~~^n, Clerk of the Courts, with check for $l3?,790.4r" made paýable to the Bee for end of FY 1~80-8l excess fees. Filed. Fiscal Officer 'lIall stated that $'in,:J~~ more than last year has been realized from th~ investment program this year. ,', l5. Letter dated 10/15/8l from Sheriff Aubrey Rogers submitting his Annual Report of,Receipts and Expenditures for the Budget Year ending September 3ß, 1981 and enclosing Statement of Income showing amounts of monthly collections remitted to the County Commissioners ünd Clerk of Courts plus a check for $9,490.95, made payable to the BCC. Filed. 16. Copy of memorandum from HUD dated lO/g/Rl regarding ~ two-day traIning session covering all aspects of program implementation to be held lO/28 and l0/29/8l. xc Mr. Norman and Mrs. Crew. Filed. l7. Lotter dated lØ/l3/8l from Selvakumaran M~harlev~n, DIrector, Environmental Assessment Oivision, Mote Marine Laboratory, introducing his Division and requestin~ to have their name put on a list of bidders for environ- mental projects. xc ~r. Norman and Dr. Benedict. File~. . P"ge ~R . . , . I' . ,. . . ~ October 20, 1901 lB. Copy of lettor dated H"/l~/Sl from J.V. Sollohub, Engineer Plannin~ Grants ðnd Agreements, ~ttachln9 copies of nrafts of 1\greements needed to pass PL funds to the MPO. xc Messrs. Norman, Barksdale, and Virta. Filed. . * * . . . . . . . . There being no further business for the good of the County, the mcet'lng wa~ adjourned by order of the Chair - Time: 3:5~ P.M. " / ....- /' '. /. ~f . 't1A "- " II . '\ \'I' . ,',. .. ~ &~OK 065 fACE 296 Pft90 ~9 . .