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BCC Minutes 10/20/1981 R Naples, Florida, Octohcr 20, 1981 LET IT BE REMEMBERED, that the Board of County Commissioners in and for tho County of Collier, and also acting ~s 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 9:00 A.M. 1n Regular Session in Building "F" of the Courthouse Complex with the following members present: CH^IR",^N: VICE CHAIn~AN: John ". pistor cl1 !ford Wenzel C.R. "Russ" Wimer Mary-Frances Kruso Dav id C. ßrown "LSO PRESENT: Wi:Lliam J. Reagan, Clerk; Harold L. lIa11, Chief Deputy Clerk/Fiscal Officer; Darlene Davidson and Elinor Skinner (1:3Ø P.M.), Deputy Clerks; Donald Pickworth, County ^ttorney; Ernestine Stephan, ^dministrative ^ssistðnt to the Ut;lities Manager; C. William Norman, County Manager; Edward Smith, Assistant County "'anðger; Neil Dorr111, Administrative Assistant; Terry Virta, Community Development "dministrator; Danny Crew, Planning Director; Lee Layne, Terry Clark and Tom McDaniel, Planners; Jeffory Perry, Zoning Dirp.ctor; 0r~ce Spaulding, Administrative Aide to the Board; and, Raymon~ Barnett, Deputy Chief, Sheriff's Department. Pa98 1 lOOK 065 fAct 128 II . í I )' ¡ . ¡ ! j ¡ , I .. j , . October 20, 19R1 ^GENDA - APPROVED WITH ^DDITIONS Commissioner Wenzel moved, seconded by Commissioner pistor ~nd carried 4/1, with Commissioner Kruse opposed, that the'Agenda be approved with the following additions: 1. Consideration of adoption of a Resolution regarding the initiation of ð land ncquisition program by tho ßCBB and the SWFWMD re Golden Gate Estates - added to County Managor/Community Development· "2. Consideration of Swamp Buggy Days - added as Item 140. 3. Consideration of the creation of an independent fire district for Golden Gate - added to BCC Report. 4. Consideration 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 REGULAR ~~~TING ~ND SPECIAL OUDCET MEETI~G OF S!PT~MRRR 22, 1981 - APPROVED AS PRESENTED Commissioner Wenzel moved, secon~ed by Commissioner Kruse and carried unanimously, that thQ Minutes of the Regular Meeting and the Special Budget Meeting of September 22, 1981, be ~pproved as presented. ANNUAL REPORT RE FLORIDA DIVISION OF FORESTRY PRESENTED BY COUNTY FORESTER CHRIS ^~DERRON County Forestar Chris Anderson presented the 1980-81 Annual Report regarding the Florida Division of Forestry activities in Collier County, offering to answer any questions the "oard mðy have. Upon noting that thera wore none forthcoming, Mr. ^nderson stated that ho P~9. 2 " '.' ,;,;~ . IOO~ 065 PACE 134 f , . ," . " , t \ ~ I. t .,~ ~;, 1j; l ... l ." v:" "f . . '1: .,. MOK 065 PACE 135 October 20, 1981 \~ (ï ¡, -}; ,-" would be receptive to any comments and/or suggestions regarding other areas in which the Forestry Division may become involverl 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 Forcstry 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 81-232 RE PETITION FDPO-8l-V-ll, MARIO ~AGISTO, REQUESTING APPROVAL OF A V^RI^NCE FRO~ THE MINI~UM B^SE FLOOD ELEV^TION REOUIRED BY THE FDPO ON PROPERTY DESC~IBED ^S LOT 30, BLOCK M, UNIT 2, CONNER'S V^NDERBILT ßE^CH ESTATES - ADOPTED. Legal notice having been published in the Naples Daily News on October 4, 1981, as evidenced by ^ffidavit of Publication filed with the Clerk, public hearing was opened to consider petition FDPO-V-ll, filed by Mario Mðgisto, re~~esting approval of a Vðriance from the minimum base flood elevation required by the PDPO on property described as Lot 30, Block M, Unit 2, Conner'. Vanderbilt Beach Estates. i c Planner Tom McDaniel referred to the information outlined within " , , .r the Executive Summary, dated 9/24/81, and stated that the request for a S' variance from the minimum base flood elevation conforms to the '1:1 ~i. '-'", Ji ~1l ;t~) R, ~ ~' variance provision in the FDPO and that the atnff recommends approval. " .~ . ~ ,",'0;' Page 3 ;" :~ ':~¡1 ';;' ,~ ':10 :~ '~1 ':I~ -' ;.:~ ,.,':'~ qi~ '~ , ,.J :'~ '~~ !~ '~ <, . . . . October 20, 19ß1 In answor to Commissioner pistor,' Mr. McDaniol stated that the subject property is not in a velocity zono. 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~, granting the requested variance re Petition FDPO-BI-V-ll, be adopted. pago 4 IOO~ 065 PACE 136 . '. :;~" ''''I'",' ...... . ....,., t4,t:'/t~,t .;,,0,.;:) ,':,~j~' ,~.'". ·':&1 '/>,:;t,', A~ ,. ...,.~ '¡p;. '", ,,~ 'f ~.,)~' :;:' , '\ , ~ . ~~ i;::;' , .;\'. .:J~'~~ ':¥;iJIlJ j\:'Þì,; , "'Jf~~ ,'..:111,.,;. ¡,~1W .:.'~~, , "',~'$.j "~~ "" .;~~~ '~f.~í,~ " ~~; , '~','?fiJ.~ ')'~ ,\,,~' " ¡"", ", \' '> ::t< BOQ~ 065 PACE 139 ,'~~ October 1.0, 19S1 >, f: 4', ; "i~, .,' PETITION NZ-81-fiC, WILLI^M VINES, REPRESENTING PARK SHORE, REQUESTING AMENDMENT TO P^RK snORE PUD BY ^MENI)ING OFFSTREET PARKING RE';)UIREMENTS ON BLOCKS 36-30 LOCATED ON VF.NETI^N B^Y - DF.~IEO Legal notice having been published in the Naples Daily News on October 2, 1981, as evidenced by Affidavit of publication filed with the Clerk, public hearing was opened to consiòer petition NZ-8l-~C, filed by William Vines for Park Shore, requesting an amendment to Park Shore PUD, by ðmending offstreet parking requirements on Blocks 35-38, i',' ,4 ¡i .~ " '"':'I I:· ~ r.\ ~ 'j located on Venetian Bay. Planner Lee Layne outlined the general location of the Park Shore PUD and the subject blocks therein. She explained that the petitioner wishes to reduce off-street on-site parking on these ~10cks to 1-1/2 spacos with'ovcrflow pllrking' in 9 parking pods located along Gulf Shore Blvd. Ms. Layne reported that the CAPC and, the staff recommendation is for approval of the subject petition, based on the fact that the reduction to 1-1/2 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 space. availó~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 the.. spaces.ar. primarily used Cor this purposo. Mr. Vines explained that there are still Bufficiont numbers of spaces available for public u.., even in the event that there is an overflow of cars from the residential units which need to park in the pods. He said that the ',.1 ,] Page S O)'! ~' 1( ), ,~A . . '~," ··v1 >,;';' ,~:~ ";·1 'ij"'. ~- , " .,'" "':"~ , 4~ , ,~~ ";ÎI~ ,'; '"~', ··t" ", . . . I October 20, 1961 . pÐrkin9 facilities within PÐr~ ~hore were overdesigned, thus, there has always beon 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" applicÐtion, relating to the Park Shore area, the 2/1 ratio has proven to be excessive because most of the rosidents 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 parkin9 space areas developed as ~rassy areas? He said that, in this way, if they should become needed in the future, they can be developed as parking area. Mr. Vines explained that the parking pods are presently separated by landscaped ~reas and that if this becomes n~ccssary they could be enlarged., Mr. Vines explained that in the course of securing necessary Corps permits for the overwater structures, lL was necessary to severely restrict tho extent of overwater structures which were originally plannod and which have been approved by the ~ounty. He said that, as a result of this extra constraint, the tot~l number of rlwelling units initially planned to bo developed is reduced and the portion of the structure to be developed which must be positioned on the small lan1 area i. 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?e " &00« 065 PA~140 . ~,~ /;o,~'~' ; 'I; ,~, ',~~~ ~~"·1""· "3{ , t,?;;t~ .',} ", ,:~¡~t , {",;. ,·:t .,' ~\'~,.~ ;'rk~ ',;';\i.' ;~,\ :'~;~~;' "',~(ø.':' '1::f· ;:~~~~ .~1(~' " . BCO~ 065 PACE 14f October 2Ø, 19B1 Chairman pistor stated that he opposes the idea of reducing the number of pllrking spaces per unit. Mr. Mike 1.ewalk, rQpesenting the North NÐples Civic Association, urged the Board to deny the petition, claiming that tho public needs all tho parking spaces ðvailable in the parking pods for access to the beach, which the petitioner claims will be used by the rosidents and/or their guests if 1-1/2 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 1. 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 evcni~g hours, and, he requested that the Board be guided by thoir staff who have studied this situation closely and found no objections to the request. Commissioner Wenzel moved, seconded by Commissioner Kruse and >... "., ~ i;~' ~ ." cðrried 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"Sl-6C, be denied. RESOLUTION 81-233, V^CATING CERTAIN DRAIN^GE E^SE~ENTS LOC~TED IN PELICAN BAY UNIT ONE (UNION PROPERTIES OF SOUTHWEST FLORID^, INC, BR"R ASSOCIATES OF NAPLES, LTD., BAY CLUB, INC. AND CORAL RIDGE- COLLIER 'PROPERTIES, INC.) - ^DOPTED Legal notice having been published in the Nðples O~ily News on October 4 and 11, 1901, as evidenced by Affidavit of publication filed with the Clerk, public hearing was opened to consider ~ petition i' f; .~. ,. Page 1 : ,'¡; ;,~ " . ., ,,·jl .:~i ,~.,~i' ',I- ; --~,~ ~ " . . , ,~, ,~;~ .~~ Octobor 20, 1901 jointly filed by the following entities for the vacation of certain ....mont. as indicated for Pelican Bay Unit One, within Parcels "D", ·C· and "J": 1. 2. Brar ^ssociates of N^ples, Ltd.: Petition Exhibit "A-2", as recorded in OR Book 8~7, Page l07l. 3. Bay Club, Inc.: Petition Exhibit "^-3", as recorded in OR Book 899, Page 928. 4. Inc.: P~rcel "D" Pelican Bay to: Dorchester Development Inc.; Grosvenor Development, Inc.; Union Propert:es of Southwest Florida, Inc.; and Brðr Associates of Naples, Ltd., and, Parcel "C" Pelican Bay Unit One, less the land deeded to: Archdiocese of Miami; Tierrð ~ar; and Bay Club, Inc., and, Parcel "J", Pelican Bay Unit One. Public Works ^dministrator Clifford Barksdale stated that the 'petitioners have agreed to deed said easements to Pelican Bay Improvement District upon the vacation of the platted easements. Further, the Board of Pelican Bay Improv&ment Oistrict has no obj.ction to the vacation and they are the only utility involved. Mr. Barksdale reported that the WMAB has reviewed tho subject potition and recommends .pproval. In answer to Chairman Pistor, Mr. Barksdale stated that th.re will not be any reduction in the retention areas and that drainage will not be affected by the subject vacations. pag. 8 100. 065 PACE 142 . .' ')', k~ . <;. ,1. -."', " 1,'1, -~,r; /.~"" fl t' ~ ~, ,'i, I'....· "~ ';/~ /Ì> ; .~~ /~ BOOK 065 rAGE 143 October 20, 1981 Commissioner Wenzel moved, seconded by Commissioner Brown and carried unanimously, 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. page 9 . . ':~ /~,. I l,-t.,. ¡.-~~j£ """ '~~ "", ,W,': ' '-;W~ " ~ì; ,t, , .,if..' .,.:~ " r ~~~., '11 :'fr i"J .',\' . ";:N ,:t.~' ~';.,ljH' :'~~,.~ ~q¡, . ~. .- . ,:~.{, , _'.·~1}~'f ,J~ j~" :\w....f.. ;~:.:~:. , ¡" ';1; \~i ;",' .' j ,f' I i '.1':- . ~; ,. " .'.,' ',>:, " ~:~ ~¡:. ~- ,:1" "\'J ,I.J¡ ~~i¡ , \ ;;. ' eoo~ 065 PACE 145 ',~l ~'i} October 20, 1981 ORDINANCE NO. al-S8 nE PETITION R-8l-l6C, DON^~D JONES, RP,Q'JF.~TINO REZONING FRO~ WA" TO "PUD" FOR PROPERTY LOC^TED ^T THE 5W COR~E~ OF AIRPORT RO^D ^ND IMMOKALEE RO^D.FOR PROPERTY TO BE KNrn~N ^S GREEN TREE CENTER - ADOPTED, SUBJECT TO STIPUL~TIONSI PETITIONER'S AGREEMENT TO STIPUL^fIONS ACCEPTED Legal notice having been published in the Naples Daily News'on, September 11, 1981, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consi~er petition R-81-1GC, filed by Donald Jones, requesting rezoning from "^" to "PUD" for property located at the SW cornor of ^irport 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 Qe 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 Ð total density of 3.95 units per gros3 acre or 11 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, subj act to .the followi ng sti pul at ions r 1. Remove the eastern most access point on Immokalae Road. 2. Petitioner must construct a Iravity sewage collection, system and lift station at h s expense. 3. Left and right turn storage lanes shall be provided at all entrances on ^lrport and Immokalee Roads. 4. Developer shall pay his fair share of the capital costs of installing traffic signals at the main entrances on Airport and Immokalee Roads when deemed necessary by the County Engineer. .. , Page U ';:".;/1' :~ ,;,j . ~·:~~~r }\;l. ",~'-',1~ ;"~.'J .-;~~ ··"-:',"'.t .'.;,1 ,': ,~;;, . . . . ';-it:: ;''''' ,,', }~i~:J ~ . ,; , ~ ¡ i Octoher 2Ø, 1981 s. Sidewalks or bike paths shall be constru~ted alon~ Immokalee Road. 6. The live oak and cabbage palm hammock sh~ll 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 hearings before advisory boards and the public hearing before 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 ~nd 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 the inception of this project. He outlined the ti~e and money exhausted thus far in an effort to gain the requested zoning and addressed the cor.ccrns of Chairman pistor regarding entrances to the proposed center along Airport Road and Immokalee Road. He said that he has agroed, 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 "irport Road in the drawIng within the backup material IB actually one entrance for the re.idential aroa, one from the shopping area and an exit-way for dolivery trucks, otc. with a right turn only lane onto ^irport Road in page 11 aoc,; 065 PA~ 146 , . . . . BCO~ 065 PACE147 Octobor 20, 1981 a westerly direction. He said that this exit will not have a corresponding cut through the median. He sðid that he has discussed this with the Traffic Engineer and has received his approval. Torry Lewis, Attorney for the petitioner, addressed the Green Tree Centor in respect to three separate points; the consistency of the center with the regulðtory frðmework 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, explainlnj that the rezoning would be consistent' to, the Plan, as ðttested to by the staff within their various reports. Mr. Lewis then addressed t:le equity ~md fairness that may be expectod 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 tho health and welfare of the general public if the rezoning were approved before a denial would be justifiable. He stated that he see. none. .Further, he said that he sees 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. Thorefore, he respectfully requested that his client'. P~ge 12 .. . . '" ,'.. . .. .'-" .......or .;-.:~ ,"'.'. f; .. October 20, 1981 petition be granted. Chairman pistor referred to that portion of the zoning Ordinðnce which outlines the 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 Ðsked the staff if the petitioner has met all these requirements and if the County has ~ll 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. GrÐce H~llock, who submittod a petition of opposition containing 127 names from residents of Palm River. 2. Left Yon Henningsen, resident of Palm River 3. Jules C. Rouch, reøident 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 Grimos, resident of Palm River The following persons spoke in favor of the approval of the requested rezoning: 1. S.T. Jackson, representing the unanimous docision of the Willoughby Acres Homeowners Assoc. 2. Bettie Gulascsik, Vice Chairman, Zoning Committe., Collier County civic Assoc. 3. Mrs. Earl Ransone, resident of Willoughby "cr.s , )-, .;~ , aOOK 065 PAGE 1 ~8 , .._~ , '.-"'. : ,t{j paCJe 13 ·~;ci ':~:~ '. ':~;;,\~ 'i~ 'r , ',)~ ,_. ,;ti ' :. 'jf ·v~ . ~oaK 065 PAGE 149 Octobcr 20, 1901 4. Mrs. Wm. Selleck, resident of Willoughby Acres. s. Mike Zcwalk, representin~ North ~aples Civic Assoc. Ij. George !larrison, representin'] himself and neighbors in Willoughby Acres, who prefer to see ð 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: 1. Memorandum to Chairman pistor, dated October 19, 1981, from Nancy Israelson, BCC Administrative Sectretary, tr^nsmitting letters, notes, and messages, re the subject potition, totalling 27 in favor of and 51 opposed to same. 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 2. 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 ^irport Road, the possibility of this approval setting a legal precedent, which he claimed as irrelevant, noting that all rezoning application~ must ~e judged on their own merit; and, finally, concerns that the development' would result in worsening a situation in an area already sufferin9 from insufficiont water pressure, which he disclaimed any past knowledge of and noted that the same sized development of all single faimtly ,residences would use more water than the proposed center. PIt.,o 14 . . ...... ......- October 20, 1981 After a brief discussion of some of the remarks from registered speakors, Commissioner Wenzel moved, seconded by Comissioner Brown and carried unanimously, that the public hearing be closed. Commissioner Wenzel moved, seconded by Commissioner Brown and carried 4/1, with Commissioner Wimer opposed, that the Ordinance as numbered and entitled below be adopted, subject to the aforementioned stipul~tio~s and entered into Ordinance Book No. 13 and that t~e petitioner's Agreement to stipulations be accepted. After 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 a revised plan". ORDINANCE 81-58 AN ORDINANCE AMENDING OrmIN^NCE 76-30, TilE COMPREHENSIVE ZONIN~ REGULATIO~S FOR THE UNINCORPORTATED AREA OF THE COASTAL ~RE^ PL^NNING DISTRICT BY ^MENDING THE ZONING ^TL^S MAP NUMBER 48-25-7 BY CII.1>.NGING THE ZONING CLASSIFIC^TION OF THE FOLLOWING DE5CRIBED PROPERTY FROM "A" AGRICULTURE TO "PUD" PLANNEO UNIT DEVELOP"'ENT: THE NE 1/4 OF SECTION 2/5, TOWNSHIP 48 SOUTH, R....NGE 25 EAST, "'·"0 PROVID- ING AN EFFECTIVE D~TE. . * * RECESS - TIME: lO:4Ð ".M. - lØ:4S A.M. . . . Page 15 &00« 085 PACE 150 " ~ ' . ",< ,,(~ .',¡ '. !:J'''' '" "'.1. .. -, . ~ , , " &QO~ 065 fACE 151 ,) :1-:; OctobAr, ?O, 1981 ,~¡ ORDINANCE NO. 81-59, RE PETITION CP-Bl-19C, WILLI^M L. BLACKWELL, REPRESENTINC E.L. JOIINSON, JR., REQUESTING 1\ COMPREHE~SIVE PLA.N LAND USE AMENDMENT, FROM RESIDENTI^L LOW-MEDIU'" DEN5ITY (Ø-4 UNITS/GROSS ^CRE) TOCOMMERCI1\L FOR APPROXIMATELY 3.4 ACRES O~ THE WEST RIDE OF HIGHWAY 29, (1,32Ø FT. NORTH OF L^KE TRAFFORD ROAD), IM~OKALEE - ADOPTED " ~,;:' Legal notice having been published in the Naples Daily News on September 11, 1981, as evidenced by Affidavit of publication filed with the Clerk, public hearing was opened to consider Petition CP-81-19C, 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 commcrcial for approximately 3.4 acres on the west side of Highway 29, 1,320 ft. north of Lake Trafford Road, in Immokalee. planner Terry Clark recapped the information within the Executive Summary, dated 9/28/81, regarding Petition CP-81-19C, 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 mÐde other arrangements. He said that his client wishes to go through the processes necessary for using this land com~ercially to negate any further -deals- from -falling through-. "fter a brief explanation as to the physical description of the subject property, COlnm1ssioner Wenzel moved, seconded by Commissioner Brown and carriod unanimously, that the public hoaring be closed. ./'~ . Paf,Je 18 t" J"; '" ·r. :-\1 :~~ ,;,j \~ "1 '.~ 'Ð ';\i'¡ "~~ '~ ,'\ . . I Octobor 20, 1981 . Commissioner Brown moved, seconded by Commissioner Kruse and carried unanimously, that the Ordinance as numbered ðnd entitled below be adopted and entored into Ordinance book #l3. ORDINl\"ICE 81-59 AN ORDINANCE A~ENDING ORDINANCE 79-32, THE COMPREHENSIVE PL~~ !OR COLLIER COU~TY, FLORID' BY AMENDING THE L'ND USE ELE",ENT ~ORK STUDY ARE^ "'^P Ie; FROM RESIDE~TI~L LO"¡ TO "'F:I1IUM DENSITY (n-4 UNITS PER GROSS ~CRE) TO CO~- MERCIAL ON THE FOLLOWING DESCRIBED PROPERTY: THE SOUTH 37Ø.5r, FEET Of' THE EAST 50n FEET . Of' THE NE 1/4 OF THE NE 1/4 OF SECTIO~ 32, T~~N- SHIP 46 SOUTH, RANGE 29 EAST, LESS EAST l~O FEET RESERVED FOR HIGH'''AY 29 RIGHT-OF-\\1AY; AND PROVIDIN~ AN EFFECTIVE DATE. ORDINANCE NO. 81-Sn, RE PETITION R-Bl-9C, ~HI5PERING PI~ES INC./GLASS GORHAM, INC., REQUESTING ^ REZONING FROM "^" TO "GRC" FOR 21+ l\CRES LOC~TED ~T THE :NTRA~CE TO I"'PF.RI~L GOLF ESTATES ON F.\ST ~IDE OF US 41 - ADOPTED, SUBJECT TO STIPULATIO~S; PETITIONER'S 'GREE"'IENT TO STIPULA- TIONS - ACCEPTED " .Legðl notice having been published in the Naples Daily N~..,s on September 11, 1981, as evidenced by Affidavit of Publicatio~ filed with ~he Clerk, public hearing was opened to c~nsider petition R-BI-9C, £iled by Whispering Pines Inc./Glass Gorham, Inc., requesting Ð rezoning from "A" to "GRC" for 21+ acres located at the entrance to Imperial Golf Estates on the east side of US 41. P1anner Lee Layne outlined the general location of the subject property on an overhead map and noted that the subject petition was ~evlewed 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~AB for review and approval. 'I'.ge 1 7 .oo~ 065 rACE 152 . , , f " .:~ :,~~ ,I.:, " ~.~ .'. .- ~;\ " " J" ,~, .~- B(jO~ 065 PACE 153 Octobor 20, 1901 2. Upon approval of master drainage plan, phased construction will require submission of definitive plans to County Engineer for review and approval, prior to commencement of any construction. ! 3. ^ traffic signal when deemed warranted 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 deemed warranted by the County Engineer. ~. In addition, the developer 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 247 multi-family' apartment units (equivalent to lr,O,700 GPD flow) will be connected to the force mnin and lift station, until expansion of the County's sewage treatment facilities (Sewer Area "AW) 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: 1. "At the present time, 33Ø single family homes are approved under zoning and Søø multi-family units are approved. Based on existing zoning, there would not be enough capacity to serve the existing multi-family nor the proposed commercial area. The single and multi-family zoninas 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 boen theoretically reserved for these permitted or approved areas." 2. "The Comprehensive ~lan states that 'Where lands are classified for a 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 requiremonts in the Zoning Ordinance concerning whether changed or changing conditions make the passage of the proposed amendment necessary and whether the change suggested is out of scale with the needs of the neighborhood - the area is not ready for additional commercial zoning. There is existing in this 4 squaro mile aroa and Imperial Golf Estates a total of 1~3 acres zoned commercial which would s.rve a population of 186,r,~~ people. At the present time there are 1148 rosidents In this ~rea.· .. Page 18 . . . " . , .---- . October 2ß, 1981 Ms. Layne stated that the CAPC considered the subject petition on September 17, 1981 and recommeded Ðpprova1 because the developer is ready to develop this land and it would not creðte strip zonln~. She said that their rccommendation for approval is subject to the aforementioned stipulations, with stipulation IS amended to read, "if four-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 E^C, WM^B and CAPC, subject to stipulations to which the petitioner has a~reed, 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 thou~h the staff recommends deniÐl, based on the ample justification for the request. The difference of opinion b~twecn 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 the Trail. He further disputed the premise that this petition should not be approved because there are not sufficient numbers of people in the area, notin~ 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 50B ft. of depth, ia adequate to provido open apace, offstreet Page 19 &00« 065 PACE 15t " 041.....,...,...~~, " " J,< : ~~. ;, ~. I: ,&CO~ 065 PACE 155 ~1 '; October 2C, 19a1 parkln~, generous setbacks, bufferin~, etc., and he conclurled by stating that the pøtitionor is prepared to begin construction as soon as all the permits are forthcoming. Commissioner Brown moved, seconded by Commissioner Wønzel and carried unanimously, that the public hoaring be closed. Commissioner Brown moved, seconded by Commissioner Wenzel and carried 4/1, with Commissioner Kruse opposed, that petition R-81-9C be approved, subject to the stipulations as amended by the CAPC; that the Ordinance as numbered and ontitled below, be adopted and entered into Ordinance Book No. 13; and, that the Petitioner's Agreement to stiplations be accepted. ORDINANCE 81-6" ^N ORDINANCE ^MF.NDING ORDIN^NCE 7~-3Ø, THE COMPREHENSIV~ ZONING qEGULATIONS FOR THE UN- INCORPORATED ARE^ OF TilE COA5T^L ^RE^ PLANNIJ.l(j DISTRICT BY ^:-'IENDING TIIÉ zorHNG ATL^S MAP NUMBER 48-25-5 BY CHASGING THE ZONING CLASSI- FICATION OF THE FOLLOWING DESCRIBED PROPERTY FROM "A" AGRICULTURE TO "GRC" GENERAL RETAIL COMMERCIAL: PART OF SECTION l5, TO\'¡NSHIP 48 SOUTH, RANGE 25 E^ST LOC^TED ^T THE ENTRANCE TO IMPERI^L GOLF ESTATES ^ND BY PROVIDING AN EFFECTIVE DATE. ORDIN^NCE NO. 91-61, RE PETITION R-Sl-24C, NAPLES BATH AND TENNIS CLUB, REQUESTING AMENDMENT TO THEIR PUD DOCUMENT CORRECTING A TYPOGRAPHIC"L ERROR - ADOPTED Legal notice having been published in the Naples Daily News on September 11, 19B1, as evidenced by Affidavit of Publication fi1eð with the Clérk, public hearing was opened to considor petition R-81-24C, filed by Naples Bath and Te~nis Club, requesting an amendment to their PUD Document, correcting a typographical orror in the total unit count Pa98 2" . , . . . ·"i~ October 20, 1901 '····:-···)I¡~) " . , '-'\;':' ",í' ~. '\·"I~ ,', .< "':~..' : . ¡ '\~ <,~ ,~ '.1\ ;]~ '~ ,Ii( . and to reduce and increase the single and multifamily areas, respectively, by five units. . Planner Lee Layne outlined the general location of the subject 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- procedure. Ms. Layne Atated that there will be no Increa~e i~ the overall density nor any significant change in land use. She reported that the CAPC and the staff recommends approval of the subject petition. '-,.J' ., ,Commissioner Wenzel moved, seconded by Com~issioner Brown and carried unanimously, that the public hearing be closed.' .# Commissioner Wenzel moved, seconded by Commissioner Brown and . carried unanimously, that the Ordinance as numbered and entitled below be adopted and entered into Ordinance Book No. 13. ORDINANCE 81-61 AN ORDI~ANCE AMENDING ORDIN^NCE 7~-30, THE COMPREHENSIVE ZONING REGULATIO~S FOR THE UNINCORPOR^TED ^REA OF THE COAST^L ^REA PLANNING DISTRICT BY ^MENDIN~ THE ZO~IN~ ATL^S MAP NU~1ßER ., 9-25-5 BY ^MF:NDI~G TilE PLMmED UNIT DEVELO~~E~T DOCU~ENT FOR N^PLES BATH AND TENNIS CLUB BY CORRECTING ^ TYPOGRAPHIC^L ERROR IN TilE TOT^L UNIT COU~T Mm BY DE:CREAS- ING THE SINGLE FAMILY ^RF.A BY FIVE (5) UNITS AND INCRE^SING THE ~ULTIF^~ILY AREA RY FIVE (5) UNITS A~D BY PROVIDING AN EFFECTIVE O^TE. , '. '.-:\' 1 ,,¡, 1'1, Pa9' 21 aQOK 065 fACE 156 . . . ·'1 'f, '. ... . .. BeOK 065' ~A~E 157 October 2", 19A1 ORDINANCE NO. 8l-~2, RE PETITION R-81-2lC, ~ULF COA5T LITTLE LEAGUE, REQUESTING REZONINa FROM "A" TO "RO" FOR 4.2(, ~CRES LOC~TED RETWEEN LELY FIRE ST^TION AND LELY SEWER TREI\TMENT PLMIT SOUTH OF ~T. ANDREWS BLVD. -'^DOPTED, SUßJ~CT TO STIPULATIONS; PETITIONERS AGREBMENT TO STIPUL^TIONS - ACCEPTED. Le~al notice having been published in the Naples Daily News on September 11, 1981, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider petition R-8l-2lC, filed by Gulf Coast Little League, requesting a rezoning from "A" to "RO" for 4.26 acres located between 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-81-21C has been filed, indicating that the intent of the petitioner is to develop' this property into two Little League ballfields. 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 ~rassed 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 . . . . , ;" , , Octoher 2Ø, 1981 :~~fi :i~ )!t~ . Ms. Layne reported that the CAPC has recommended approvðl of the subject petition, pursuant to a public hearing held on Septomber 17, '¡'¡' '~ ,.~ '-;,f 1981. '. , ..';¡ Mr. John Nocera, representing the Gulf Coast Little League, explained that the financial responsibility for the development of the proposed ballfields and the maintenance thereof will be completely borne by the Gulf Coast Little League and will not cost the County anything. He explained that Mr. Duvekot, of Lcly Estates,.has donated the subject land and the remðinin~ funds necessary to rlevelop 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 Lely Civic ^ssociðtion, spoke in opposition to the subject petition, noting that this opposition is . ' " 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 roquest was accepted for the record by the Deputy Clerk. There was a brief discussion as to the placement of the ballfields, during which Commissioner Wenzel stated that he favors the proposed location as it will not be "backed up to anyone's house". ) P~tJe D ,\., " ",1 aoo~ 055 PACE 158 i'J~ \!~ , t¡i~ . :.. ,~ ..... .'\""~'~ -.;p :;} , ~~t,: ,\I , -~i~ ~ . ~( . &ûa~ 065 PAGE 159 October 2Ð, 1981 Mr. Nocera stated that he has previously received overall ~pproval from the past Board of Directors of the Loly Civic ^ssociation, adding that Mr. Siedorer ropresents a newly-elected Board of Directors. Commissioner Wimor moved, seconded by Commissioner Brown and carried unanimoulsy, that tho public hearing be closed. Commissioner Wimer moved, seconded by Commissioners Kruse and Brown ðnd carried unanimously, that petition n-Bl-21-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. 13. ORDINANCE 81-152 AN ORDIN^NCE AMENDING ORDINANCE 7~-3Ø, THE COMPREHENSIVE ZONING nEGUL^TIONS FOR THE UNIN- CORPORATED ARE^ OF THE C'JI\ST^L ARE^ PLANNING DISTRICT BY A~E~DING THE ZONIN~ I\TL^S MAP NUMßER 50-21>-4 AY CHA"'GING TilE ZONING CLM;SI- FIC^TION OF THE IIEREIN^FTER DESCRIBED PROPERTY FROM MA" ~~RICULTUnE TO "nOM RECREATION OPEN SP^CE: PART OF SECTION 20, TOWNSHIP SO SOUTH, RAN:;E 2G EAST, LOCATED \-.rEST OF TilE LELY SEWAGE TREATMENT PLANT ^ND NORTH OF NAPLES ~ANOR SUB- DIVISION ^ND BY PROVIDING AN EFFECTIVE DATE. REGOLUTION 8l-234 RE PETITION t'U-Sl-SC, UNIT~RIAN UNIVERS~LIST CONGREGATION OF GREATER NAPLES, REQUESTING A PROVISI0NAL USE (1) or THE -E" DISTRICT, FOR A CHURCH TO BE LOC^TED ALONG PROPOSED 1-75, BETWEE~ 10TH AND 12TH AVENUES S.W., AT THE END OF O^KS BLVD. - ADOPTED, SUBJECT TO ^~ENDED 5TIPULATION5; C^PC FINDING OF F^CT AND PETITIONER'S AGREEMENT TO INITI^L CAPC STIPULATIONS - ACCEPTED FOR TilE RECORD Planner Lee Layne described the subject property rogarding Petition PU-81-aC, filed by the Unitarlon Universalist CongregatIon of Greater Naplos, requesting a provisional use (1) of the -E· Estate. District, for a church to be located along the propose~ 1-75 ...., page 24 . . . . ..,. . October '-ø, 1981 ..:~ ~.'~ 41\"; ... >j ,f, , right-of-way near the extension of Oaks Boulevard. She explained the surrounding zoning and land uses as outlined more fully within the staff roport to the C^PC, dated 9/24/81. Ms. Layne reported that the staff and all concerned advisory boards have reviewod the petition and recommend approval, subject to "I ;~ . the following stipulations: 1. Dofinitive sfte drainage plans be submitted to the County Engineer for review and approval prior to commencement of any construction on site. 2. AcceQs be limited to 10th Ave. S.W. with access ~ate on l'-th Ave. S.W. opened only in emergencies. 3. Final p~lkino plan must be ~pproved by the Zoning Director at time of buidlng permit applicÐtion. 4. All signs must be approved by the Zoning Director. 5. All lighting must be situated so as to avoid glare to neighboring properties. Ms. Layne reported that the C^PC reviewed the subject petition at a public hearing on October 1, 1981 and that, based on their finding of ~ðct, 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 property ideal for this kind of a use. lie said that thore will not be any traffic problem duo to the 80mowhat isolat.~d location. Raymond Barnott, Deputy Chief, Sheriff's Oepðrtment, requested that stipulation 12, be amended. He explained that emergency vehicles have bettor access if there is no locked gates blocking an ðcce.. < ~ :~~ Plat]. 25 ,~ ,~J ,''IN ;1 - ..~~ . .~ !.t\¡ '\~ eûo~ 065 fACE 160 . &úO~ 065 PAGE 161 October 20, 19B1 drive. He said that he would prefer to see one of two lIlternativesl either remove the gate from the drive ðnd allow emergency vehicles to have easy access, or, remove the access drive altogether and allow emergcncy vehicles to rtrive over the grass If necessary. There was a brief discussion regarding stipulation .2, during which Ms. Layne stated the the relevant Fire Department requested that the dr.1ve lIccess be placed on 12th Avenue. Mr. FaUsey stated that tOhe congregation has no objections to removing the gate ~crOSB the drive on 12th. Avenue. " Commissioner Wimer moved, seconded by Commissioner Wenzol, that Resolution 81-234, approving Petition PU-81-8C, subject to the aforementioned CAPC stipulations with the exception of '2, 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 motloner, specifically, does the motion include 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. I, I ',' , ~ , Pal)e 2~ . . aúo~ 065 ~AGE 167 October, 2", 19~1 MORl\TORIUM REG^RDINQ l\DDITION^L "10AILE IIC"'P'S ON CtlOK()LO~KEE tRLAND LIFTED ^N~ PRERENT 7.0NINQ CL^SSIFIC^TIO~ ()F "FVR" ~T^NDS Planning Director Danny 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 part of the Executive ~ummary dated 9/23/Al. Mr. Crew explained that the results of the study indicate that mobile homes constructed at the required 16' NGVD elevati~n requires placing it on stilts and that this places the mobile home in jeopardy of the hazards of hurricane force 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 seaward 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 as follows: WDo nothing and allow mobile homes to continue to be placed on the Island. If this alternative is selected, strict adherence ~o the Flood Damage Ordinance should be required as followsl 1. No mobile homes will be allowed in velocity WV" zone.. New and replacement mobile homes, except in existin9 mobile home parka, must be elevated to the required elevation.w 2. In answer to Commissioner Brown, ~r. Crow explained that the salinity line runs approximately where US 41 i. located. Commissioner Brown asked Mr. Crew if he i. rocommendln9 that no mohlle ho~e. be . PlUJe 21 " . . ,," . . '...' ) .. t· ; ~ . . 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 thoy are and adopt a policy and/or understanding that the Doard 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 Flóod Insurance Program, any petition for such a variance would have to meet that critoria before being approv.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 regulations 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 mobile homes on Chokoloskee Island be lifted and "things left just as they were". ·"n 8 page petition opposing any action that would prohibit mohile homes on Chokoloskee Island and copies of ~ letters of opposition to same, submitted for the record. After a lengthy discussion re~arding "'rs. Robinson's statements, Commissioner Brown moved that the present zoning regulations remain -as is- on Chokoloskoe Island. Commissioner Wimer secondc~ the motion. Chairman pistor asked for clarification of the motion. He asked Commissioner Brown if he roallzes that the present zoning ordinance require. all mobile homes to be at the elevðtlon of 16 ~GVD and th~t If the ~otion carries there will bo no variances? Commissioner Brown replied that his motion's intent is to leave the zonin9 re~ulðtion. as &~o« 005 fA~£ 168 pago '-.. , . . L ': > ~ . - ~ ßGO~ 065 PAGE 169 October' ?OO, 1901 1:2: they are at the present time, periodl Commissioner wimer ðgree~. Thero was n lengthy ~iscussion reg~rdin~ futuro requests for variances, during which it was explained by Mr. Crew that the Zoning Ordinance specifies that a variance may be requested; however, staff's recommendations will be made according to Federal guidelines ðn~ <1 criteria for such variances. It was the consensus of the Ao~rd that the normal procedure for variances would be followed, if the motion carries. Commissioner Brown was requested by Ms. Robinson to inclurle the lifting of the aforemention~d mor~torium in the motion and he agreed as did Commissioner wimer. RaYlnond ""ooten, President of Everglades Area Chamber of Commerce, spoke in objection to requiring replacement trailers to hðve to build at the 16' 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 thore 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 he1ght or elevation and have no bearing on allowing or rrohibiting 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 re9ula'tions for the island, (FVR) remaining the same carried unanimously. . * * RECESSI The meeting was recessed at 12:01 P.M. to reconvene in Workshop Session at 113" P.M. at which time Deputy Clerk Davidson W~. replaced by Deputy Clerk Skinner. The negular Seasion was reconvened at 2115 P.M. for completion of the ^g enda . . . , ,þ '.It. .:¡) 'J1:: ,,1 ,~ ~: ..;~; ;); .~ , ...., I:} . . PIIge 29 . . . Octoher 20, 1981 . BO^RD APPROVES ARCI1ITECTURAL/ENGINEERING AGREEMENT WITH ROSR/- EHRENKR^NTZ RF.: P!t^SE I OF GOVf:Rt.lMENT CO'''PLEX eXPf\NS IO~ PROJECT; NECESSAR~ RUDGET AMENDMENT TO BE PREPARED FnO~ UN^LLOCATEO FUNDS IN FUND 3"2 IN ,,~ 1\MO'JNT TO PROVIOP. FOR P^~MF.~T OP PII^SE 1 5ERVICES ^dmlnistratlve Assistant to the County Manðger Oorrill explained that staff recommends that the A08rd execute an ~greement for architectural/engineering services related to the Collier County Government Center Expansion Program. He said that the Board, in March 1981, approved a short list of lIrchitects and engineers in compliance with the Consultants' Competitive Negotiation ^ct and that shortly thereafte~ discussions were initiated in negotiations related to the contractual langua~e but that discussions rclated to fee were withheld until the architectural program had been developed and finalized and was approved on September 15, 19R1. He slIid that the proposed contrnct under discussion today is phased to coincide with existing contrllcts for construction program, man~1ement ser- vices and the financial consultants who helped develop a financing plan. He said the plan has boon done in tho ev~~t that actual construction of tho project is delayed, as a result of funding constraints some time at the end of Phase I, which would bring the project through schematic designs. Mr. Dorrill referred to the Executive Summary clated 1~/14/81 which outlined the items that Phase I-A entails. He explaino~ that Phase II will entail traditional basic A/E services related to design development, preparation of construction documents, bid aWÐrds and negotiations with contr~ctors and the administration of actual construction and renovation. &~O~ 065 rACE 170 ',' palJo ," " , " 'l; " . ~vO~ 065 PACE 17f. October 20, 19R\ " Mr. Dorrill said that total roimbursobles attributed to the project are incl udad in the foe for Phase I services which wan ~onQ to result in alum p sum fee for A/E services to include total costs incurred for this projoct for trips back and forth, per diem expenses for the office staff which is proposed to locate here, ¡~ office rental, and reproduction of blueprints, since these items are historically attributed to the total COgt but not always under the direct control of the owner. He said that the total initial fee for the A/E contract, as proposed by the Ross/Ehrenkrantz group, which is a joint venture between H. J. Ross and Associates of Miami and the Ehrenkrantz Group of New York, was $2,092,50~ and, that as a result of initial negotiatio~s between the County ~anager, the staff and the Construction Manager, an immediate reduction of appro~i- mately $90,C20 was realized as a result of fee clarifications, and that further analysis by polizzi/lleery resulted in an additional reduction of the fee of $73,OØA for a recommended fee for a total project rost of $1,829,491. Mr. Dorrill 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 ne~t fifteen years and it is good, at this point, to look at tho A/E fee as a percentage 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,ønA,ø00 or $28,000,000, the percontage of the "/E fee equates to 6.7' of construction cost, and he expl~ined that if some of the reimburs- .ble. are removed and the hiatorically provided basic service. are reviewed, that tho percentðge of fee comporod to construction coat ia 5.~'. He .aid, .. this project requiros both new construction . P~10 31 . . , I octobctr' ?O, ]991 for a jair and criminal justice facility and renovation, that the recommended entablished ^/E fees for same are from 5\ to S\ and 8\ to 12\ 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'ls .' Board to fund this contract will be through Phase I and that, at the end of Phase I, if the project is delayed, everyone will essentially f be sent home until such time as the funding plan is developed and II;' 'j.l, H the constuction funds which are necessary to undertake the project ~ are obtained. He explained that the initlal Phase I associated fees !t J, ~ ~~ .~~ ,~)" ;f.'~ ~\ ~ :~. ,;'f ~tr:· ,t,¡I.. ,j(" J¡ '¡: t¡¡ ,!f H'r! 3iJ.1 'f1 .~. are $514,051 and that part of that amount is burlgeteð, 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 that within the County's major Cnpital Improvement Budget Fund 302 there is an additional $7ø~,ønø which is .available but unallocatcd, at this time, to help offset the differ- ence of npproximately $294,000. He said that as ~ 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 professionals, architects and engineers in the scope of planning and designing for criminal justice f.acilities, it is staff's recommendation that the ßoard 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.~' i8 the standard architectural fee today for a project or $25,A~A,onn or more, Mr. Dorrill answered that the Construction ~~na1or. veri- fiod thðt i. the standard foe for new construction. ~c~, 065 fAt,E 17'l p~~o :¡, . . . . " ßGOK 065 fA~f 173 October 20, 1991 County Managcr Norman reported that he ~nd Mr. Dorril1 wore heavily involved in the negotiations ~nd development of the lðn~uag. to ensure a product which they felt the Commissioners and staff wanted and one which will mesh well with the construction management program. He said that it was extremely satisfying to him to have the services of the Polizzi/Hcery organization to assist in analyz- ing th~ numbers which were being provided and the ðmount 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 noss/8hrenkrantz be approved with the necessary Budget Amendment to be prepared from unallocated funds in Fund 3"2 in the amount to provide for payment of Phase I services of the Government Complex Expansion Program. When Commissioner Brown asked if the percentage was not high, Mr. Dorrill said the only comparison he had was that of the existing renovations of the air conditioning systems at the Government Complex which Watson and Company is undertaking for the County and that their percentage of construction cost is 12'. Mr. Norman noted that Mr. Bailes and a representative of the firm were present to answer any questions. Mr. Railes said that he ~ and several members of the pol1zzi/lJeery f1 rm 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 understandin9 of what they, as representative. of the owner, want and they think that the fee proposed to provide the service., which they contractually will oblige Ross/F.hrenkrant& to do, i. well within the current contemporary limite if the amount I. converted to ,.,' . .j' Pa98 33 , , :;; . . ,.' Octobor ?n, l~Bl . a basic fee percentÐgo. He explained ,that another perspoctive is that basic A/E services is 5.28\ of tho construction cost and he said they felt that is very much within reason, because this pro- ject, which has a $27,03~,OØß construction budget escalated over 2 and 1/2 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 tho , ' spaces, and timetable. ac,OK 065 fAtE 174 P~90 '). . Octobor 20, 1981 " DISCUSSION RE SEW^CE TRE~TMENT F^CILITIE~ IN L^~r.wOOD GL^OES ~~ÑAGE TREATMENT PL^NT HOOK-UP ^LLOWED L^KEWOOD SEW^G~ TRE^TM~NT PL^NT NOT ^LLO'AED TO BE CLOSED OR DISMANTLED; GLADES SEN^GE TRE^TMENT FR^N- CHISE TO BE 11RITTF.N; NO R^TE INCREASE UNTIL SUCH TIME ^S BCC ~ETS THE R^TES A"IO PROJECT CMI GO TIIROU'Jli Fn^~CIII~E IH.:^RIN'JS 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 thÐt the County does not hÐve a controlling franchise in force. Mr. George Ve~~, representing The Glades, said his clients have discussed the situation with County ^ttorney Pickworth and have sent letters to those 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 Clades 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 Clades would charge is another factor which has been presented to him. He said the residents who have come to him w~nt the Commission to try and stÐrt a franchise wherc the rDtes are more reasonable. Mr. Vega said his client would be happy to ~iscuss r~tes with County representatives. He stated that The Glades was not planning to charge a system development fee, sewer assessment, or hook-up charge, so tho user will savo several thousand dollars. He .aid his client is willin~ to discuss the situation with administrative people from the County ~nd work out the problems of ft franchisc for provldln9 ..wer services to tho aroa at any time. Col. John E. Boebe, Jr., chalrmDn of the Citizens Committee of " &CO~ 065 fACE 208 page 35 . ßGO~ OÐ5' fACE 209 Octoher 20, 1901 the residents of Lakowood, thanked the Commissioners for the oppor- tunity to be heard. He said he was present to petition the Board to act in the interest of the Lakewood residents and in accordance with the County ordinances with respect to the disposition of the sewage at Lakewood. Ho 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 moro than 1,ØOO residents of Lakewood but many were not at home when the petitions were circulated. He stated that of those persons contacted, support was practically lon\. 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 13, 19B1, 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 a Citizens Committee to make further inquiry into the matter and to request a hearing by th~ Commissioners and ~ction 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 5ew&ge Treatment Plant which is operated by Naplos Utilities, Inc., a subsidiary of the U.S. Home Corporation. Col. Beebe noted that, at the October "th BCC meeting, one attorney representin~ The Glades and one attorney representing U.S. Home Corporation wero present, ~nd that one attornoy stat.~ that the Lakewood Sewage Treðtment plant was -falling apart" and not operat- ing proporly and the other attorney 8tato~ that tho plant ha~ dumped .. P~ge 3'i . . October ?'0, 19R1 ,. raw sewa~c into the lakes. He said that the implication was that the Commissioners should approve the connection into The Glades because of an emergency situation which required protection of the pUblic heal th. 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 that area close to one of the lakes in the outfall flow from the =-ewage plant, and that he was concer~ed by those allegations, and he called the D8R in Fort Mycrs where he spoke to Mr. Gordan Romice, who told him that the Lakewood SewÐge Plant was performing sLtisfactorily; 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 -fallinq apart"; that there was no emergency which required such a connection, and that the plant had been up~raded to capacity of 2ØØ,ØØØ gallons within the last year. Col. Beebe said that Mr. Romlce emphatically denied that raw sewage ....as dumped into the lakes and that he stated that during the heavy rains several weeks ago, he authorized 95\ treatment affluent 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 feot. Col. Beebe said that Mr. Romice e~plained that this represented absolutoly no human, 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 when U.S. Home Corporation roquested permission to connect into The Glade. .ewag. treatment plant, he aproved the application because The Glad.. plant was capablo of handlin9 tho Lakowood lowa;e but he did e~o~ 065 fACE 210 P~90 37 . BOOK 06~ PACE 21f October 2", 19B1 not order U.S. Home Corporation to mako the chðn~o. Col. Beebe said he thought it should be noted that the DF.R is concerned only with water quality, public health, and environmental aspects of the sewage treðtment plants and that the County Commission remains responsible for policy decisions with respect to the areas to be servod by particular 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 owncrs conccrning 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 4ØØ+ acres which became Lakewood some years ago, had recently built a 70~,AØØ gallon sewage treatment plant, which could easily take on the Lakewood sewðge and that U.S. Home Corporation could then move their sewage plant to another development site and build more housing on the vacated site, which would be a splendid business de~ision for u.s. HomE" Corporation. Col. Beebe said that these actions raised to his Committee the following important public policy questions, 1. 2. Is East Naples to be served br a unified sowage system? Is such an undertaking feasib e in any reasonable timeframe? How and at what price could such a system be funded? If there is no reasonable prospect of a unified East Naples sewago system, should the Commission permit area systems, serving moro than one dovelopment, to bo built and operated and if 10, by whom? What happons to the fringe hreas needing lewage service If the "cream- Is sklmmod off by private, sowa98 plant entrepreneurs? 3. 4. 5. . Page 3R .' . . !," Octoher 2Ø, 1901 r 6. What about vested rights of home owners who h~ve paid for sowa~e facilities in developments such as L~kewood? 7. Who owns and who will mðint~in tho sewer lines and the mains, for example, in Lakewood, where the roðds undor which tho 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 " beyond the limits of their own platte~ subdivisions to take on the sewage treatment of other developments without the approval of the County Commission, and may a developor divest himself of his responsibilities to provide sewage treatment for his development by contracting away his system and its users to another without tho consent of the County Commission? 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 ~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 bean set by the County Commission nor has any rate making procedure, required by the ordinance, been filed. He said that Section ~C of the ordinance provides that a public utility shall not charge or receive, directly or indirectly, , -, ^" .,.' . ", 5 f~ ',"I,,~:i·,~;,·"" . )!' '" ' j "\' ,. ;,tj ":~ .',~;\' ~:¡ . ". ;1 '.:¡~ :,,!; lOOK 0 6~ PACE 212- Pð90 39 . aOOK 065 PACE 213 October 2A, 19B1 any rate or chnr~o not on file with tho Board for the pnrticulðr class of service involvod, which obviously predisposes that the BCC 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 Subdivlsion, the Civic Committee of Lakewood respectfully requests that the BCC comply with Ordinance No. 75-71 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 iø 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 been occasional complaints about odor, service has been satisfactory and the rates have been fair and reasc~able. Col. Beebe explained that in 1980, he paid $7.00 per month for sewage, paying one year in adv~nce, and that this year he paid $9.SØ 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, sinks, etc., he said, and he noted that a homeowner could pay quarterly in advance at the rate of $10.80 per month. He added that on October 1, 1981, those homeowners paying quarterly were notified by Naples Utility Corporation that -due to an anticipated changeover in the system, the enclosed statement 1. only for the month of October. w. hereafter are billin~ monthly." He said that he wa. told by Utilities Manager eerzon and a Glades re.ident that Th. pa.,e 40 . . October 20, 1901 \" Glades charges rebidonts $14.9" per month ~nd he stated that If such a charge were applied to him, that would represent more than a 50\ increase in his sewer charges and the i~crense would be close to 4A\ for a person now paying $10.S0 per month. He said that the civic Committee does not view such increases with enthusiasm. Col. Beebe said that if the BCC does eventually decide to frðnchlse The Glades as an aroa public utility, he felt that the ace should keep in mind that, according to Mr. Rerzon, The Glades requires a service capacity of 135,~~~ to 140,~On gðllons per day and Lakewood 20~,ØOO gðllons per day. He said that in fixing rates, the excess capacity of 3ØO,ØØØ to 35Ø,ØO~ gallbns 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 dovelop its business property frontages on u.s. 41, Davis BoulevarJ, and Airpor~ Road and acquires other customers, then the excess capacity should be worked into the rate base. He noted that it should be remembered that the Boar'd did not ask The Glades to dev"lop c!I plant of suc,h capacity nor did the residents of Lakewood or of The Glc!ldes. Chairman pistor asked County Attorney Pickworth what action the Board should tc!lke and ~r. Pickworth said that the question is, is the Board going to make the decision as to whether The Glades serves Lakewood and in the terms and conditions of ð 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 90in~ to come first· is really the question. Commissioner Nenzol stated he would recommend that the !ranchiso come !irst and, if the franchise is acceptable to bQth aOOK 06S PAtE 214 P~90 ., 1 , . . ßOOK 065 PAGE 215 ~.. ,; Octoher, 2Ø, 19a\ ,'~ pnrtios, then a permit would be given The Glados to hook-up ~nd expand their area outside their present development. Commissioner Brown said that he heard Mr. Vega say the last time he w~s present rQpresQntin~ The Glades, that they would be glad for the County to '~i , 4 .;~: " regulate the rates. Chairman pistor said thatt he felt tho problem was that The GIDdos went outside their own development, contrary to the la\l, and that the feeling of the people who havQ talked to him is that a stop should be put on The Glades and the franchise written. ~r. Bill Barton, a represontative of u.s. Home Corporation, said that from the beginning u.s. Home Corporation never intended to be in the sewer business and that the existing sewago treatment 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~ nnd 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 exception of effluent, and that the percolation po nd!i of the Lakewood sewer plant have the same problem which the City of Nð ples 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 banks 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 be9in to deteriorate the lakes from the increased growth of weed and ~19ae in the lako syste~, and that U.S. . Page "2 . . " October 2~, 1901 Home Corporation considers that to be intoler^blo, and, therefore, the Corporation was under duress in that the sewago plant as a total fun6tion is inc~pable of continuing to accept the fl~~s tha~ it is currently receiving. Mr. Barton said ha 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 detarmination of sewer rates ^nd to have those rates controlled by Collier County through a franchise agree- ment. He said u.s. Ilome Corporation would appreciate the Board's statement that the ace 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 beon set by a stand~rd rate study accounting method, but that intends to be done. He said that there would ba no increase to the Lakewooù residents until January 1, 1992. Commissioner Kruse asked if a developer is going to cease operations on a sewer treatment pl3nt would th^t not roquire 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 franchise from The Glades and thoy ^re in the procoss of preparing a franchise which thoy feol would more adequately serve the public. He 8~id that ho would not recommend th~t tho Board uso any oC the other aOOK 065 rACE 21.6 p'UJO ~) . " &GO~ 065 PACE 217 ." October 20, 1901 frÐnchises under which the Board currently opcrðtes with othor P,HtieS. Mr. B. M. Nielsen, resiclont of Lakewood, stated that he felt the situation was going to "take a little more prcssure than the residents of LaKowood have" to resolve the situation under discus- sion. 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 brought 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 area; that from the correspondence, which he assumed all the Commissioners had rcceived, The Glades ~ald' they hired an engineering firm to delineðte 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 economically serve In Collier County and come back with a franchise so that the Board could ro~ulato them to care for the citizens because the governmont cannot do It. ., ; ,::-*. . ~;r'(: ,...I"l \,;\~ .",,1·'':1 ,!in; f"'" (.: ,,-:,;~, ' >h ,,;.. Commlssionor Kruse offered a compromise that the Board ftllov . Pago U . . October '-", 1981 I' The Glades to hook-up the service pendJng fr~nchise agrooment but that no rate hike 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 1s reached. Mr. Thomas R. Brown, a representative 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 tranchise agreement which would define procedure,but that if one is not in effect, the County CommissionÐrs still have the right to sot 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 and will not raise the rates pending a rcsolution but the company would like to proceed at a normal pace. Commissioncr Kruse moved, seconded by Commissioner Wimer and, carried 4/0, with Commissioner Brown absent, that The Glades hook-up bø allowed to be made, that the Lakewood se~age treatment plant not be closed or dismantled, that a franchise be prcpared; nnd that no rate increase will bi allowed until such time as a franchise is ratified and a rate hearing is held for the Board to set the rates. Commissioner Wimer s~id he hoped that during the public hearings all interested persons would attend so that those questions which Col. Beebe asked would be brought out. Col. Beebe expressed his thanks for the Boftrd's cooperation and consideration of the Lakowood residents' concern regarding the sewage treatmont facility in Lakewood. *****RECESS: 3105 P.~. neCONVENEOz 3z12 P.~....*. Commissioners Brown and Wenzol ahsent. eoo~ 065 fAC£ 218 ' palJe 4~ ..~'." " ßGM 065 PACE 21.9 October 20,.l901 FURTI1ER CONSIDER^TION OF PROPOSED R~VISIONS TO OnDIN^NCE NO. 8n-77 DESIGN~TING DUTIES ^ND RESPONSIBILITIES OF COUNTY MA~~GER - TO BE ""onI<SIIOPPED I\T ^ FUTlJRP. MP.ETtNG Chairman pistor stated that further consideration of the proposed revisions to ordinance No. aA-77 designating duties and responsibilities of the County M~nager would be workshopped at a futuro meeting. CATV FRANCHISE AGREEMENT ~~ITH WARNER-A"'EX, IN~. FOR THE IMMOKALEE ArtE^ - I\PPROVF.D In response to a question by Chairman pistor, County ^ttorney Pickworth explained that when the request for approval of the tr~nsfer of CATV came before the Board on October 13, 1991, the actual drafting of the revised agreement had not been done but that it is now complete and he briefly related the ch~n~es 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 rep]aced ~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~ franchise with Warner-Amex which is currently in effect with Sandia. Commissioner wimer moved, se~onded by Commissioner Kruse and carried 3/0, with Commissioners Wenzel and Brown absent, that the CATV franchise agreement with Warner-Amox, Inc. for the tmmokale. area be approv.d. ,., . Pal]O 4') . . ¡ f¡~ . , ,hog :, ~";...- II ,0 It ~ +' ~ ,k':: CJ II .:'" _ CJ ....fHII ....-4. ... 'f"'4~ ..øc:: 'I,þ. II "0; .c: ':.~ §. , .8 .,-~ ~.+' ,tot " ~ J, . tIIO'8 ;';~ 8.... '. ø, ,.II I) II ìIIt~... ",i..fi, . ,.,. ~ k~~' 8 ~ 't ! .<; ... " U ;\04 'P4 !'t, 0 -+J . . ". C ~"a,t ~ :,. Q,\.4 =)~,<" -~~". ß(¡O~ 0 65 ~ACE 231 Octobor 1.0, 1901 SUPERVISOR OF ELECTIO~S' REQUEST FOR ^S~I~T^NCr. FROM PL~N~INa DEPhRT~ENT ST^FF IN DR^WING NEW ELECTION PRECINCT ~OUND~RIES - ^PPROVED 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 Rupervisor of Elections in drawing new elections precinct boundaries, and he said he would like to present a report, reqarding this project to the Board on Octobcr 27, 1981, which would indicatc 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 referred, be placed on next week's BCC agenda. PETITION FP-8l-l7C RE FINAL PLAT FOR MARCO BEACH UNIT 2;, KNOWN AS MARCO SHORES - GRhNTED Commissioner Wimer moved, seconded by Commissioner Kruse and carried 3/ß, with Commissioners Brown and Wenzel absent, that the fin~l plat for Marco Beach Unit 27, known as Marco Shores, as requested in petition FP-81-17C be ~pprovod. . Pðge 47 " . , :I~ ;i~~:" . '~"".~':" t '.t~ ¡;(.\ ',' r,;¡';t'-. · c':"';. Þiro"O .~, "'- ~ ..'.\of 0 po '0.. .-4 ~. U ~ "tiÞ. u ..'"'~ ....t04 ...... '......, r:: ,A . ~ 'Q " .c: .,a~ f"'t. c ',.0 "..-4 ,;...., " IJ 8 'I .. ( tIØ"O ..1'..0 ,.8. p.~ .:I~ ','J: ,'.!J +t ~ 't¡~' S~ ; 0 , !pt04 ':", ~ ~ ,,0"" . ,k C ¡....t04 I k 0 :,. ~ø.';4. :~"'¡h ~~~;f~¡" '. . . J ,.,¿J ·~'1 ,...,.~ ~ .. t October 2n, 1991 In response to a question by Chai'rman pistor, PlAnner Lee Layne said that the Board had to act on the aforementioned project because it was a requirement of the Subdivision Regulations. PETITION PU-81-11-C nEQUESTI~G pnOVISION^L USE (9) OF "^" ZONIN~ FOR A COM~UNICATION TOW8~ ON PROPEnTY LOCATED ON THE SE CORNER OF THE UTILITY SIT~ t~C^TED OFF Et~C^M CIRCLE - OE~IED Commissioner Wimer moved, seconded by Commissioner Kruse and carried 3/~, with Commissioners Wenzel and Brown absent, that petition PU-81-1C 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-81-18C rINAL PLAT FOR PELICAN B^Y UNIT THREE, AND CONSTRUCTIO~ SU~ETY - GnANT~D Commissioner wimer moved, seconded by Commissioner Kruse and carried 3/Ø, with Commissioners Wenzel and Brown absent, thAt Petition FP-81-10C re final plat for Pelican Bay Unit Three and construction surety be approved. . " ,. 'j,-', ~.íi .,j~! eCOK 065 PACE 232 ;: ~., ,~~\V '.,~~':: ~ "::" , ~'ti'\ ':~ :..,\,,\ '¡'f Page ..,. ..., .f-~~ ",' '~'~~~f . . " . ... . ...f I , r. October '"0, ,l!1Dl PETITION TR-81-24-C, TBEODEASE K. GILLINCS REOUE~TING ^ TP'~PQn^RY RESIDE~CE PER~IT TO UTILIZE ^ TR^VEL TR^ILP.R DURI~G CO~r.TRUCTIO~ OF A PRINCIPLE RESIDENCE ON TR^CT 32, UNIT 73, COLDEN ~ATE ESTATES - CR^NTED ' Commi8~ioner wimer moved, seconded by Commissioner Kruse ~nd carried 3/Ø, with Commissioners Wenzel ~nd Rrown absent, that Petition TR-81-24-C, filed by Theodease K. Gillings requesting ð t.mpor~ry ~esidence permit to utilize ð trðv~l trailer during" , constr.uction of ~ principle residence on Tract 32, Unit 73, Colden Cate Estates be approved. CONS~IDER^TION OF ^ RESOLUTION RE SCBB ^ND L....ND ~COUISITION TO GOLDE~ C^TES - CONTI~UED TO ~OVP.M9ER 3, 1991 Chairman pistor said that Board conr.ideration of a rosolution regarding BCBB and land acquisition to Golden Gate would be postponed until November 3, 1981 because scaB Exccuti.!e Di rector Vidzes was not present. *...*Commissioner Brown returned to the room at 3120 P.M.····· rIN^L ^CCEPTANCE OF VARIOUS STREETS IN MARCO BE^CH SUBDIVISION - GRANTED ,. Commissioner Wimer moved, seconded by Commissioner Kruse and carried 4/~, with Commissioner Wenzel absent, that final acceptance of the following streets in Marco Beach Subdivision be approvedl MRCO BEACII UNIT I; South Seas Cour t Cottonwood Court Cottonwóod Rridge June Court lonl ta Cour t tlalea Court "'ale. Bridge tlaterle<'1f Court £dgewater Court Marque.lIs Court Admiralty Court Hunt Court South Joy Ci rcle Wast Joy Circl Q Rio Court Colden Rod ^vonuo (wales Court to £d<Jow~tar Ct.) ,>, ~ 065 fAte 23 6 p'UJO 4. "1 . ~. . ;~~~ . ;.... . 6~D~ 065' PACE 237 October '-", l~nl ' , . M^nCO RF:M~II UNIT 11 Hyacinth Court (from Giralda to Rockpor t) Hull Court Rockport Court M^RCO ßE^CII UNIT 12 RðnDrd Court "'Dunder: Court Thorpe" Court Gray Court Kendall Drive (from lIernando to 120' ~orth of Renard Court) Richards Court Austin Court PlIrkhouse Court Clifton Court . I ~r APpnOVAL TO DISPL~Y COUNTY IIELICOPTEQ AT COASTLAND ~ALL, NOVEMBER 13 & 14, 19A1 - GnANTED Commissioner' Wl~er moved, seconded by Commissioner Brown ~nd carried 4/0, with commissioner Wenzel absent, thDt the Board approve the display of the County Helicopter at Coastland Mall November 13 , 14, 1981. ' 666**Commissioner Wenzel returne~ to the room at 3&25 P.M.·····' REPORT TO BO^RD RE PURCHASE OF ^ DOUBLE WIDE MOBILE OFFICE UNIT FOR BUILDIN~ INSPECTIO~ AND nr.LOCATION OF A SINGLE WIDE ~OßILE OFFICE UNIT TO SERVE THE T^X COLLECTOR; RESOLUTION 81-235 EXPRESSING ^ppnECI^TIO:-J TO MOORINGS p^:n< F,)R THEIn DON^TION OF THE DOUBLE WIDE ~OßILE OFFICE UNIT TO COLLIER ~OUNTY TO BE PRESENTED AT 9:00 ".~. ON OCTOBER 27, 1901 - ^DOPTED Assistant County Manager Smith explained that the Board had previously approved $39,9A4.0a to purchaso a new double wide mo~ile office unit and relocDtion 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 learned that ð used double wide mobile home unit was ~vailable which could be used for an 'office for the Dui1dln~ Inspection Departlftent. He said this was acquired, moved In~o position and a savln9s of approximðtoly $25,000 roøulted. Ho roferrod to tho Executive .. . 'ago S' . :' . . . ~J .~ , Octobor '"0, 1981 .. (.;~ 'J~ I,: a- I' Summory dated 10/12/81 re9ardin9 the Ðforcmen~ioned subje~t and a Resolution which would expross the Board's appreciation to Moorin9s Park for this mobile unit. , . Commissioner wimer moved, seconded by Commissioner Kruso and carrIed unanimously that Resolution 81-235 expressIn~ Board appre- cIation to Moorings Park for the double wide mobile office unit be adopted and Commissioner wimer requested that the presentation of Resolution'81-23S,be placed on the BCC agenda for October 27,'1991 at 9:0D A.M in order to give Moorings Park appropriate recognition {or their contribution and the other Commissioners agreed with that suggestion. " " ',~,: ......,-íi '~;:~' ";t,' . ~ , ",,' i~ ..¡. " , '., \'" aGOA 005 tAr,£238 pa'IJO 51 '~'I;! ......::,','..,"','""" \'.. "..'~ }~ . . . '. " October 2n, 19n1 .. '-"?~ , BIDS ISIO RE ROLL-OFF CONT^INER SERVICE FOR NAPLES TR^NSFEn ST^TION eo REJECTED . Legal notice having been published in the Naples 'Dnily,News on September 2S and 28, 1981, as evidenced by ~ffidavit of publication filed with the Clerk, bids were received for Bid 1518, for roll-off ", , . container service at the Naples Transfer Rtation, up to October 7, 1981. ,'. . . Commissioner Wimer moved to award Bid I~\O to Yahl Brothers Disposal. Assistant County ~anager Smith stated that Public Works . Admi'nistrator Barksdale adv'ised him that since :Jid ISl8 was taken ,and the recommendðtion, as explained in the Executive Summary dated 10/9/01, was prepared for the Board, his departmont 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 depositod at the Naples Transfer Station so as to reduce small vehicular trðffic at the Landfill and to keep uncompactable material out of the compaction units. Mr. Smith said that it may be co~t et£ectiv~ to obtain such a trailer and that Mr. Barksdale recommenðs . , the purchase of a trailer for the aforementioned,pOrpose and that the Ðoard not accept the bid for Bid IS18. Commissioner Wime· withdrew his motion. Commissioner Wonzel moved, soconded by Commissioner Kruse and carried unanimously, that the bids received for Bid 'SlS be rejected. t, ."..Commissioner Brown left the room at 3133 P.M.····· ¥ '~t~~ 'LO~ 065' ~AGE 240 , ,~\~' .:~~~ '/:: <i~; " r~' .' _.~. ¡~ , W: 'f.~ : ~;'! :~ .\ pa9. S2 . i ßLO~ 065 tAce241,. October 2", 19B1 , BID 1519 RE COMPUTER ELECTRICAL rROTECTOR - ^WARDEO TO MID-CONTI~F.NT ELECTRIC, INC. EXCLU3IVE OF D^T^ CO..,:.1UNIC^TION TF:RMtN.\L IN TII! ^MOUNT OF ^PPRO~IM^TELY $ 4r,,~11 Lcgal notice having been published in the Naples Dnily News on September 25 and 29, 1981, as evidenced by Affidnvit of publication filed with the Clerk, bids were received for Bid ~519 for a Computer Electrical Protector, up to October 7, 1981. Assistant County Attorney Smith explained staff recommendation to award part of Bid 1519 for the purchase of a motor-generator and connecting cable, in the ,amount of approximately $4G,411.0ß, 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 a 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 ð question by Commissioner Kruse by stating that fiber optics is not a typical Item with which electrical contractors ðre involved and is very specialized with only two or three companies in the country able to provide it. He explained ttust rather than incorporate the fiber optics option into the bid or delay the bid opening and ordering the motor generator, staff proceeded wit~ the bid opening and did independent investiga4 , 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 propo.al from a firm which staff had contActod and it was Mr. Norman'. understanding that tho material. which that firm .ells are GS" priced and, thorefore, it would not be nece..ary for tho County to go throu~h the bid process on the . Pa9G 53 . . . . " . ._. ... j ~>-t," ,,~'...: :,'ft. :"f;:~.;,' .~:~~~ ..;¡~t~ /~~ '+. ~, '·r ~. October 2~, 19R1 communication cable. He said he expected to have an answer for the Commissioners on the fiber optic item within the next week or two. Commissioner wimer moved, seconded by Commissioner pistor and carried 4/0, with Commissioner Brown absent, that Bid t5l9 be awarded to Mid-Continent Electric, Inc., being the lowest bidder, in tho amount of $~~,411.ØO, and thDt the Chairman be authorized to sign and trye Clerk to attest the resulting agreement. ',:¡-'l. r" " ;, " CETA CONTRACT MODIFIC^TIONS TO PROVIDE FOR FURTHER REDUCTIONS IN YOUTH EMPLOYMENT ~ND TRAININ~ FUNDS - ^PPROVED Commissioner \..imer moved, seconded by Commissioner \>Ienzel Ðnd ca'rri ed 4/0, wi th Commissioner Brown absent, that the CETA contract modifications, liS explained in the Executive Summary dated 1"/';/81, to provide for further reductions in youth employment and training funds be approved. eco« 065' ~At£ 242. Pðf'JO ~" . , . .., ,¡ t Octohor 2n, 1961 BOARD EXERCISED OPTIONS TO CONTINUE LEASE OF OFFICE RP1\CE AT 512 11th STREET N., IN ~^PLES FOR TilE YOUTH aUID^NC~ DEPART~ENT FOR THE PERIOD OF In/l/nl THnOU:ï1\ 9/30/83, AT ^ $4:11" MONTHLY R^TP. County Manager ~orm8n explained the option to ronew the lease for offico space for the Youth Guidance Department at 512 11th Street N. for the period of lØ/l/91 through 9/3Ø/83 as detailed in the Executive Summary dated 10/8/81. He said the $4~a monthly rate , was ~stablished in the original lease which was negotiated last year and is a two year optional renewal. He noted th~t is ~ favorable :, .r), ~~ price and staff rccommended tho 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 11th Stre~t No., Naples for the Youth Guidance Department for the perio~ of lØ/l/81 through 9/30/83, at a monthly rate of $4øø.Oe. ',¡ ".-".1 J' ':!;. {,(: .~ ,~ ~ ;,,~ '..", , ..~.~ . 'h~ i,.\f , .. /,f, "~ , ,";. I~O« OG5 tACE 252. ' P"90 55 . , ~;ft ';~ " ~ ;~ I' October ?~, 19R1 ...AACommissioner Brown returned to the room at 3:35 P.M.····· FORMAL BIDDING PROCESS '^,AIVED; PMI ^MEnIC^'" ~UnVEY ^UTIt'JRIZED TO PEnFOR~ "EnI^L PHOTQGn^p~y OF THE GOVEnN~F.NT CO~PLEX WITH THE TOTAL AMOUNT NOT TO r.XCEED $?,~~n.n~ Administrative Assistant to the County Manager Dorrill rcferred to the Executive Summary d~ted 10/12/8l which explains Ð request for aerIal photogrðphy to acquiro a composite survey of the existing Government'Complex. He said that the ^rchitect/Engineer for the expansion project had prcsented a recommendðtion and that, upon analysis of that recommendation, Public Works ^dministrator Barksdale indicate¿ to staff that in-house engineering and surveying crews could perform the site survey at a considerably reducert 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~dertðk~n by the Engineering Department personnel, in an amount not to cxcecd $2,6~O.OO. 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 pcrform aerial photogr~phy of the Govcrnmcnt Complox with the total amount not to exceed $2,600.,)Ø. ··***Commissioner Wimer left the room at 3:31 P.M.····· CONOnEO^TE ~E^LS SERVICE ^GREEMENT FOR FY 1981-82 WITH Tnt-COU~TY SENIOR Sr.nVICE5 - APPROVED County Mana~er Norman explained that the Congregate ~ca18 Service ^greement was a routine matter following the adoption of the budget for FY 1981-82 so th~t payments c~n be made. Commissioner Kruse moved, Becon~ed by Commissioner wenzel ftnd carried ~/n, with Commissioner wimer ah~ent, that the Con~re~ftt. aGO~ 065 tACE 254:- P"go ~'" . 8(¡O~ 065 ~ACE 255 October,2Ç , 19R1 Meals Service ^~reement for FY 1981-82 with Tri-County Senior Services bo approved nnd that the Chairmðn be ~uthorized to execute samo. When Commissioner wimer returned to the room, he stated for the record that he voted affirmativoly for this itom and, therefore, the vote was unanimous. .. p",,_ 51 , . ~úa~ Oð~ ~ÅGE'~59 '~I :;~i October?O, 1991 '1 " .~~ , , ,: W^TF.R F^CILITIr.S FOR TREETOPS OF N^PLr.~ - ^Ccr,0TEn Administrative Assistant to the Utilities M~nðger ~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 linos for the development ~nd the developer is aSking for acceptance of the water lines only, ~t this time, so that the Utility Division will be able to begin scheduling water meter installations in that area. She said that on October 27, 1981 acceptance of the sewer facilities will be requested. She explained that the developer, Mr. Bruce Mumm, has given the Utility Division a letter stating that no Certificates of Occupancy will be issuerl to any of the structures in the development until the sewer facilities hDve been deedeò 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 wðter facil1- ties only of the Trp.etops of Naples development be ~ccepted and that the documents listed below be accepted anò/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 wator facilities. B) Results of pressure testin~ the water lines. C) A statement from the Developer ðgreein9 to dedicate the sewer lines to the County when the County accepts the sewer lines. D) Bacteriol091cal clerance from the nER. E) Lab results on bacteriolo~icÐl tests for the water lines. F) Bill of Sðle for the water facilities. ,"1: . .,..;, " , .r p"uJe 5ft . . . . . " ",. . " "-,, " October ?oA, 19n1 .,'j '!;i G) Affidavit of No Liens and Partial Relensø of Mortgnge. H) Certification concerning any contributions in aid of construction. ,. '.,t ,7;- " 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 lin~8 ~nd/or system within private property. M) Letter by Engineer certifying that all water facilities are located within the Public right-of-way or dedicated easements. N) Contractual Guaranteo for material and workmanship for a period of at least one (1) year after the Board of County Commissioners' acceptance for both water and sewer facfÜtios. 0) Letter from ~ire District regarding ownership and maintenance of fire hydrants. P) One set of as-built drawings signed and sealed by the Engineer of Record. .'~ .- Y,' .. , , It~~ 065 ~A'l. 260 P"ge 5' ,,!¡ ,j "~'I '; ';~ .~<; ',"'," ......J "I. ¡,,~~: ,£;. , ,.':'" ~Lr ¡ ~'~.~ ;',1 t,·fI'~ "~} j. ...'\',' ;f~,.· . .,', ßLaK, 065 ~'ACE 27f October, 2(1, 19n1 W^TER MID SEWE~ F^CILITIES Fon TilE II^CIE"IQI\R - Þ.CCf:PTF.O ^dministrative Assistant to the Utilities M~nager Stephan explained that the dcvclopers for The Haciendas, which is located in Cypress Way directly hehind the Naples ninner Theater, ~rc deeding the water and sewer facilities to the County for ownership, opcration and maintenance. She said that all the documents have bcen received, rcviewed and the County ^ttorney has found them legally sufficient for the County to accept. In response to a question by Commissioner Kruse, ~s. Stephan said thero is adequate water pressure in the facilities. She responded to a question by Commissioner Wenzel by stating that all fces have been collected and the developers have paid for all connections and meters. Commissioner Kruse moved, seconded by Commissioner Wenzel and carried 4/Ø, with Commissioner Wimer absent, that the water and sewcr facilities for The Hðciendas be accepted and that the docu- ments listed below be acc~~ted anrl/or filed for the record. When Commissioner Wimer returned to tho room, he stðte~ for the record that he voted favorably for this item, and, therefore, the vote was unanimous. A) Warranty Deed. B) Results of pressure testin9 the water lines. C). Bacteriological clearance from the CER. D) Lab results on bacteriol09ical tests for the water lin... E) Bill of Sale for the water and sewer facilities. ." F) Affidavit of No Liens for the water and sewer facilitie.. G) Cerl ~cation (rom the Monfort Corporation concorning any contrlbutions in aid of constructíon. " . PDqe t;ß . . ·' ~. October ~n, 19A1 II) Cert1ficntion from the Maste'rcrÐft Development concornln<;J any contributions in aid of construction. I) Verification of final cost for the water and sewer facilitios. J) Legal description and description of the easement. K) up to date list of customers and/or owners of individual 10 ts . L) Utility Easement grÐnting right-of-way to lines and/or ~ystem within private property. M) Letter by the En~ineer certifying that all wator'and sewer facilities are located within the public right-of-way or dedicated easements. N) Contractual Guarðnt~e for material and workm~nship for a period of at least one (l) year after the Board of County Commissioners' acceptance for both water ~nd 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. eeOK 065 fACE Z72 ' pag. ~ \ . ,_ ,1Ò(j 'f,:. \ . \" ßúOK 065' FAGE 285 Octobor 2Ø, 1981 ROUTINE ßILL~ - PAID Pursuant to Resolution 81-150 adopted by the Board of County Commissioners on May 2~, 1981, the following checks were issued throu~h Friday, October l~, 1981, in payment of routine bills: FUND CHE:CK NOS. AMOUNT County Checks 13~Q 1 1384t; $1,024,t;03.41 CETA 8:]95 - 8141 $ 7,42E;.08 General Fund 2 $ 37,573.53 BUDGET AMENDMENT 82-) RE TR^NSFER OF FUNDS TO RE-APPROPRIATE 1981-82 FU~DS Fon EXPENDITU~E FOR SENIOR CITIZEN'S CO~PLEX - ^DOPTED IN THE ^MOUNT OF $20,750 Fiscal Officer Hall explained the need for a budget amendment to set up the funds for the Federal Revenue Sharing for the Senior Citizen's Center, which is action the Board has approved previously. Commissioner Kruse moved, seconded by Commissioner Wenzel and carried 4/0, with Commissioner Wimer absent, that Budgot Amendment 82-3 re transfer of funds to re-appropriate 1981-82 funds for expenditure for the Senior Citizen's Complex be adopted in the amount of $2Ø,7SØ.ØØ. When Commissioner Wimer returned to the room, he stated for the record that he voted favorably for this Budget Admendment, and" therefore, the vote was unan imous. . PAge ~2 . . ß00~ 065 fACE 287 Octoncr,?O, 19R1 ***..Commissionor Wimer ret.urned to the room ðt 3:~n P.M.····· BUDGET AMF.ND~ENT B2-4 nE TR~N~FF.n TO INcnE~SE R~L^nY EXPENOITURE LINE ITEM TO MEET EXPENDED EXPENDITURER (COURT COUNS~LINa PROGRAM) FROM TilE CONTI'JGF.:NC'l FU~f) - 1\f)(')PTF:O It.¡ 'T'IIP. ^MnU"'T' n¡~ $1,?Qn Fiscal Officcr Hall explained the request for a budget amendment to transfer funds, to meet expcnòiture (or increased salaries in the Court Counselin~ Program, from the Contingency Fund. Commissioner Wimer moved, seconded by Commissioner Plstor end carried 3/2, with Commissioners Wenzel and Kruse opposed, thet Budget ^mendment 82-4 re transfer of funds to increase salary expenditure line item to meet expended expenditures in the Court Counseling Program (rom the Contingency Fund be adopted in the amount of $1,280. . pnC'Je 1;3 . . ß{¡O~ . . ' 065' fACE 289 October ,,~, 1~91 MR. FR^NK M. SI~ON APPOINTP.D ^S A REGUL^R ME~RP.R TO THE P^~KS ^NO RECRE^TION ~nvI~ORY CO"'~ITTBF. U~TIL nF.CF.~BER 31, 19R3 ^~D MR. O~NIEL MON^CO APPOINTED ^S ALTP.RN^TE TO S^MF. COMMITT~E Commissioner Kruse moved, seconded by Commissioner Arown Qn~ carried 4/l, with Commissionor Wenzel opposod, that Mr. Frank M. Simon be nppointed ~s a reqular membor to the Pðrks ðnd Recreation Advisory Committee until December 31, 1983 and Mr. Daniel Monaco be appointed as an alternate to the same committee. REQUEST BY EVERGLADES CITY TO BE EXEMPT FRO~ ZONING MOR^TORIU~ FOR PROPERTY ON THE NOHTII 200 FEET OF TilE \"EST 1700 FEET A'JD THE NORTH 10n FEET OF TilE 1.,rr.ST 1750 FF:ET OF THE SE 1/4 OF SECTION 12, TS2, R29E, LYING EAST ~~D WEST OF JÁNES SCENIC DRIVE RESPECTIVELY - GR^NTF:D Community Development Director Virta explained the request by tile City of Everglades to bo exempted from the current zoning moratorium in order th~t 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 l7~Ø feet and the north 100 feet of the west 1750 feet of the SE 1/4 section 12, T52, R29~, lying east 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 trcatment plant. Commissioner Wimer movod, seconded by Brown and carried unani- mously that the City of Everglades be exempt from the zonln9 moratorium in order for said city to apply for ð provisional us. for ð wat.t troatment plant on the previously described property. . paCJo '-4 . . October 20, 1901 \, RESOLUTION 81-236 IN SUPPORT OF ST^TE ADOPTION OF ONE-HALF CENT OPTIONAL SALES T^X FOR COUNTIES - ^D0PTED Commissioner Brown moved, seconded by Commissioner Kruse and carried unanimously, that Resolution 81-23~ in support of State adoption of one-half cent optional sales tax for counties be adopted. County Attorney Pickworth said that at ~ future workshop he will give more specific information regarding this subject. aGOK 065 fACE 292. PIH e "5 . . . . ..,,' .", , ,~~J i;', .·,'f' i~ ~·';t.%\ :,~1.' ,I'~ ~'~~ ·~'I.~·;~. 3~; , ,'1- :/, . ':¿\ . '.~" .,,~~ ., .I~. '~~ t~~\ ;;, ;~ .,'.,- ,.': ;"1' -_:;ii~~ ,,:\fi ,;.;~ ",'~ ~ff! ::,;\t . ,'-.~, : ,'I .," ............i"'.... '" . . ' , t . ßCOK 065 PACE 293 October 2~, 19n1 EMS AUTHORIZED FOR FULL A~AULANCE COVEn~~E TO THE PUBLIC ~URING SW^MP RU~~Y D^YS FOR TH~ WEBKE~D OF OCTOR~R 2~ & 25, 19"1 Commissioner Wimer cxplðined he had received a phone call questioning whether or not the fee policy f.or ~mbulance service should bo implemented until the Board adopts said policy. He recommended to the Board that the E",S be ~uthorized to provide the public with full ambulðnce coverage during Swamp Buggy weekend October 24 and 25, 1981 and that the EMS be notified that a fee policy is being adopted for the future. County MAna1er Normûn stated h~ would recommend in £~vor 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, secondeð by Commissioner Kruse and carried unanimously, that the EMS be authorized to provide full ambulance coverage to the public rluring Swamp Buggy DaYß for the weekend of October 24 and 25, 1981. BO^RD STATED THEY "^VE NO OPPOSITION TO THE GOLDEN GATE FIR! DEP^RTMENT SEE~ING INDf.P~NDENT DISTRICT ST^TUS Commissioner Kruse explained that soveral people who are involved in requosting an independent Golden Gate Fire District have asked if the Board would registor whethor or not the Board ia in ~pposition or support of allowing the Golden Gate Fire District to go throuqh the process for the leqislative action for Independent status with the resulting referendum. Commissioner Kruse moved, seconded by Commissioner Wimer and carried unanimously, that the Boðrd has no opposition to the Golden Gate Flro Department s.eking in~ependent district .t~tu.. . page 4~ . . .", 1 ·.········.I··';··.·~'·'. .' .. ',.J t . . '···I'·~;"·'·· ,"¡ . ~,~ .',; , , '.. ¡ '...,.,z,.iX ...~:JI' ;,f; . ,?I' '.'Î~ "" ' , , ~::',~ t,: 7i~"·".' ,,:/.. ,- '~: ' "{~~l t"'r, \~);. ,,i._a. . .', . ,;1:.·... ','I." I , ',I '\i 'i···...... )'11 ,,~ -:,... ~~~ ;+: ~\ >;:;¡ i.' ,\Ii ';~ October 2~, 19n1 r MISCELLANEOUS CORRE5PO~DENCP.'- FILr.D AND/OR REF~RnE~ There being no objection, the Chair directed that the following corrospondence be filed and/or referred to the various departments as indicated. 1. Petition submitted by residents of Golden Gate Estates; Units 9S and 97, Sections 29 and 32 requesting to be included in the N~FCD. KC Messrs. Norman and Hafner. Filed. d 2. ¡nformation on background and functions of the 5WFRPC submitted pursuant to recent discussion by the BCC regarding that subject. xc Messrs. !lall, VirtolJ, and Norm~ln. Filed. 3. Monthly record of juveniles incarcerated in the Collier County Jail for the month of Septpmber 1981. Filed. 4. Copies of Zoning Department investigations for MAY, June, July, ^ugust ¿:¡nd September 1991. Filed. 5. Copy of report of dwelling units permitted from 1/1/75 through 9/3Ø/81. Filed. 6. Copy of minutes of October 7, 1991 meeting of Ochopee Fire Control Di~trict Advisory Committee. Filod. 7. Copy of ^ugust and September 1991 Forester Report. F 11 ed. 8. Copy of memorandum dated 10/9/91 regarding State OCS Advisory Committee meeting 10/15/81 and items under discussion. xc Messrs. Virta, B~rks1a1e, and Norman. F 11 ad. 9. Copy of letter dated 10/9/61 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 ed . - . ! 10. Lettor dated 10/13/81 from Georgo J. Stewart, President, Marco Island Fire Dept. enclosing copies of tour Resolutions, 81-nßl throu~h 81-004, recently adopted and proposed changos to the Marco Island Fire Department Chart.er. xc Mossrs. flaIl, Colding, and Pickworth. Filed. ,/, " ',;; &COK 065 PACE 294 ;x; ...; ~; :.'~.".~.:. '(~t '.'~~; t-~' ',~~ttr '""'~ ','~. !.it,t, :.',i>~"",,\ ;"~'.: . :.,'., , ~~¡f; . J'i: "..¡;, 'I' i:; ~J{ P"CJe '" .- . . ' . BOOK 065 PACE295 Octobor 20, 1981 11. Memornndum daten 1~/15/al from A. J. McMulllan, tII, State Retirement Director, rcgarrling Supplcmental Compennation to DQsi~nated Fircfighterß who satisfy , specified criteria as provided in Chapter 01-'-"7, Laws of Florida. xc Payroll and Mr. Norman. Filed. . Mamorðndum dðted l~/9/f)1 from Dcput.y ChIef Don Hunter, stating that the 5heriff'ß 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/S/8l from F.dward C. Shepherd, president, Board of Directors, ~atersedge Condominium Assoc., regarding "grief" and property loss suffered because of the park and boat ramp and requesting a g~te at the entrance to control the hours the boat ramp can be used. xc Mr. Norman. Filed. 14. Annual report from william J. Re~~~n, Clerk of the Courts, with check for S132,790.4r" made paýable to the BCC for end of FY lQaO-81 excess fees. Filed. Fiscal Officer 'lIall stated that S'in,3~:J more than last year has been realized from th~ investment program thIs year. ., 15. Letter dated 10/15/81 from Sheriff Aubrey Rogers submitting his ^nnual Report of,Receipts and Expenditures for the Budget Year ending September 3Ø, 1991 and enclosing Statement of Income showing amounts of monthly collections remitted to the County Commissioners and Clerk of Courts plus a check for $9,490.95, made payable to the BCC. Filed. 16. Copy of memorandum from HUD dated IO/g/RI regarding n two-day traIning session covering all aspects of program implementation to be held 10/28 and 10/29/81. xc Mr. Norman and Mrs. Crew. Filed. 17. Letter dated 10/13/81 from Selvakumaran M~harlev~n, Director, Environment~l Assessment Division, Mote Marine L~boratory, 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"lJe t.)R . . , . " ~ October 20, 19a1 18. Copy of lettor dated li/l~/Sl from J.V. Sollohub, Engineer Planning Grants and Agreements, ~ttaching copies of ~rafts of ^greements needed to pass PL funds to the MPO. xc Messrs. Norman, Barksdale, and Virta. Filed. . * . . . . * . * . . * Thore being no further business for the good of the County, the meeting wa~ adjourned by order of the Chair - Time: 3:5~ P.M. BO^RO OF COUNTY COMMI~8IONEnS/EX OFFICIO GOVERNING ROARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL Øf;;: " }9 / /" '. 1', ~~ . ''''A '\... "II'" \\' . , . ~\ . &~OK 065 fACE296 P"98 ~9 .