BCC Minutes 05/24/1994 RNaples, Plotida, May 24, 1994
LET I? BE REMEMBERED, that the Board of County Commissioners in
and for the County of Collier, and also acting as the Board of Zoning
Appeals and ae the governing board(e) of such specia! districts as
have been created according to law and having conducted business
herein, met on this date at 9:00 A.M. in REGULAR SESSION in Building
"F" of the Government Complex, East Naples, Florida, with the
following members present:
CHAIRMAN: Timothy J. Constantine
VICE-CHAIRMAN: Betrye J. Matthews
John C. Norris
Michael J. Volpe
Burr L. Saundera
ALSO PRESENT: Ellis Hoffman, Marilyn Fernley, and Sue
Barbtrett~, Deputy Clerks= Dwight Brock, Clerk of Court=
Count7 Manager; William Hatgert, Assistant County Manager; Jennifer
Edwards, Assistant to the County Manager; Ken Cu¥1er, County Attorney~
Marjorie Student, Ram~ro Manalich and Richard Yovanovich, Assistant
County Attorneys~ Tom Conrecode, Office 02 Capttal Projects Management
D~rector; Dick Clark, Acting Community Development Services
Administrator; George Archibald, Transportation Services
Admintstrator~ Mike Smykowski, Acting Budget Director; Bob Mulhere,
Acting Current Planning Director~ Wayne Arnold, Acting Building Review
& Site Dtrector~ John Drur¥, Airport Authority Executive Director~ Ron
Nino, Planner, Clyde Fugate, Engineering Inspection Supervisor; Deputy
Rosa Hernandez-White, Sheriffte Office and Sue Fileon,
Assistant to the Board.
&.
Page
Tap~
(147)
APPROVED
Hay 24, 1994
Conn~mm~oner Volpe moved, eeconded by Conniemlone~ Matthew~ and
carried unnnlaouel¥, to approve the agenda w~th the changee an
detailed on the Agenda Change Sheet.
;4'
Page
COl~r~ Aii~'DA - Air. OViD AgD/OR
Hay 24, ~gg4
The motion for approval of the consent agenda te noted under Item
(24~)
~PLOYE~ SERVICE AWARDS - PRESENTED
Commissioner Constantine congratulated the following employees for
their service with Collier County Government:
Emmanuel Augustin - 5 Years, Transportation Services
James Marge/is - 15 Years, Maintenance Administration
(290)
PROCLAMATION DESIGNATING JUNE 5-11, 1994, J~ SAFE BOATING NEEE BY THE
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTZON- ADOPTED
Upon reading of the proclamation, Conniealone= Matthn moved,
leconded by CommlleloneF Volpe and c&rr~id m~UInlly, that the
Proc3mt~on deeAgnatAng June 5-12, 1994, as Safe Boat~ng Week be
adopted.
The Proclamation was accepted by NaJor Jerry Thomas, Police
Officer Don Dudlsh of the Naples Police Department and Sgt. Grad¥
Johnson of the Sheriff'e Office Narine Patrol.
Page 3
Nay 24, 1994
(406)
Xtem#4B2
PROCLAM&~ZON DESICCATING JUNE ~-ll~ 1994, AS NATZONAL SJLPB BOATING
Upon reading of the proclamation, Conise~ona~ Vo~pe moved,
seconded by Cosmlae~onar Norris and carried unanimously, that the
Proclasmtion dastgnat~ng June 6-11, 1994, u Nat~ona! 8aTe Boating
~eekbe adopted.
The Proclamation was accepted by Commander Edna Scarlett, Naples
Power Squadron~ Commander Nail Tower, Marco Island Power Squadron;
Commander Carl Pile, Coast Guard Auxiliary; and VAce Commander Howard
Boyar, Marco Island Coast Guard AuxAlAary.
Page 4
~tem#4B3
PROC'~tI~TXON DIBXG3ATXNG MAY 30,
D~Y -I l D OPTED
1994, A~ PRAYER FOR P~tOI, N~ORZAL
Upon readLng of the proclamation, Conlle~oner lottie aoved,
alcondad by Conl~llloner NatthM and carried unantmoualy, that the
ProclalatLon dellgnatAng Nay 30, 1994, ae Pra¥1r Fo~ Place, Melo~Ial
Day b~ adopted.
Page
(7so)
PROCLA)I&TZON DESZ(~TZN~)IJtY 24,
~DOFT~D
May 24, 2994
1994, AS NAPLES YOUTIE SOCCER DAY -
Upon reading of the proclamation, Con~lllOneF SlundeFI loved,
lecond~ b7 ¢on311~oneF XorF~I and carried unan3Boully, that the
~oc2~t~on delegating Ma~ 24, ~994, II Youth Socce~ DI~ ~n 0o21~e~
C~ ~ ~opted.
Co~188toner Saunders Introduced and ~cknowledged the
coachee off the U-~5, U-~ and U-~2 Nap3e8 Youth Soccer Teams.
Page 6
~ay 24, ~994
(2250)
EMERGENCY MEDICAL SERVICES (EMS) RECOGNIZED fOR THEIR ACHIKV~MKIFT OF
AN KXIMPLARY A#ARD ISSUED BY THE STATE OF FLORIDA IMS OFFICE -
Commissioner Constantine recognized the Collier County Department
of Emergency Medical Services for the achievement of an exemplary
award /ssued by the State of Florida EMS Office.
Commissioner Constantine reported that the State of Florida
Office Ltcensure and Certification Division, Compliance Monitoring
Unit, conducted an Intensive two day inspection of the Collier County
EMS and found that this department consistently exceeded all regula-
tory requirements and demonstrated outstanding service to the com-
munity.
EMS Supervisor Tom Magutre accepted the award on behalf of all KMS
employees who strive to work in an exemplary manner.
(lSO0)
Item
B~DGIT~S 94-39! AND 94-398 -ADOPTED
Acting Budget Director Smykowsk! stated that there are two routine
budget amendments requiring Board approval.
CommAseisner Volpe moved, seconded by Commissioner Matthews
carried 4/0 (ConIsotoner Saunders out), that Budget Auendaente 94-391
and 93-398 be adopted.
Xram
BUD(JKTAMI31DMXI~f RKSOLUTION 94-18 - ADOPTKD
Acting Budget Director Smykowski requested Board action for Budget
Amendment Resolution 94-18.
Commissioner Volpe moved, seconded by CouutealoneF MatthewJ and
carried 4/0 (Couuleeioner SaunAera out), that Budget A~endment
Resolution 94-18 be adopted.
Page 7
Ma~ 24, ~994
SUBMITTAL OFT HE COLLIER COUNTY AIRPORT &UTHORITYBUBINESS P~,AN-
Collier County Airport Authority Executive Director John Drury
presented the Commission with a BusLness Plan for the Everglades
Airpark, Immokalee Regional Airport and the Marco Island Executive
Airport.
Mr. Drury reported that the Airport Authority committee ~embers
worked many hours and spent a considerable amount of time developing
the plan, as presented. He noted that the Economic Development
Council has also been a participant In this endeavor.
Mr. Drury pointed out that the third Item of the Mission Statement
reads as follows: "The Authority will go beyond its preservation,
maintenance, and operational duties by undertaking an accelerated
growth and development program by participating in the FAA and FDOT
Airport Grant Improvement Program."
Mr. Drury stated that $4 million in improvements is proposed for
the three airports next year. He Indicated that $S million of that
amount will be funded by the Florida Department of Transportation
(FDOT) Aviation Division.
Mr. Drury explained the capital Improvement program as depicted on
various charts and detailed within the Business Plan.
Mr. Drury advised that general aviation encompasses everything
other than scheduled passenger carrying service or military opera-
tiens. He Indicated that the economic Impact of general aviation tn
Florida is in excess of $2 billion. He noted that more people enter
and exit the State of Florida by aviation than by all other modes of
transportation combined.
In answer to Commissioner Volpe, Mr. Drury reported that $3
million of the capital budget for FY 94/95 will be reimbursed by the
State. He remarked that $! million will remain and be carried on the
books until the Industrial Park of Immokalse is completed.
Mr. Drur¥ revealed that mobile homes will be placed on site at the
Page 8
Kay 24, 2994
Everglades and lmnokalee Airports to be rented by members of the
Shertff'e Office or persons from a security firm. He remarked that
this would serve as a security measure.
In response to Commissioner Volpe, Mr. Drury stated that
$1,686,000 will be requested next fiscal year for the total Airport
Authority budget. He revealed that $1 million of that amount is for
capital.
Mr. Drury stated that he would like to see the engineering design
completed as soon as possible In order to expedite the pay back of the
$3 million loan to the County. He explained that staff has advertised
nationally for an aeronautical engineering firm that specializes in
the high tach area of global position satellites and things of that
nature that will be required at the airports.
Nr. Drury divulged that he anticipates the RFP's to be submitted
by June 3, 1994, with a 30 day period for short-listing and inter-
views. He cited that he suspects that an aeronautical engineering
firm will be selected and on board by August, 1994.
The following persons spoke with regard to this item:
Scott Cameron
Nlchae! Xennedy
Commissioner Matthews moved, seconded by Couuleeloner Volpe and
carried unanimously, to accept and approve the Business Plan as
mitred by the Oollter Oounty&lrport Authority.
ltu#aH1
R~$OLUTIO~ 94-365 ~ 94-366 AIIDT,,~R AGlt~KM~8 BY AHDBETMEEN
COLLIER COUNTY AND THE COLLIER COUNTY AIRPORT AUTHORXTY rOR TIIZ
XI~qO~ZLMD EVERGLADES CITY AIRPORTS - ADOPTED AND &PPROVED
Commissioner Saunders moved, seconded b~ Couulesioner MatthM and
carriedunaniBously0 that Resolutions 94-365 and 94-366 be adopted and
to approve the lease agreements by and between Collier County lad the
Collier County Airport Authority for the Imuok~lee and Kvergledes City
Airports
Page 9
County Manager Dorrill stated that Agenda Items 8A3 and 8A4 relate
to the mechanisms associated with construction of the necessary faci-
lities at the Everglades Airpark and Inunokalee Airport.
Commissioner Volpe reBarked that the County, in good faith, will
try and Beet the requirements as presented, and questioned the legal
obligations by participating with the state tf there is a shortfall in
funding all that is being requested. Kr. Drur¥ replied that if In
October, the budget does not reflect the County~s share of the cost of
the facilities, the Bone¥ will be returned to the state and those
dollars would go to another county.
Col~tlstoner Saunders loved, seconded by Co~Itelloner Norris and
carrledun~nImou~ly, to lulloft the pro,acts II requelted, thereby
idoptlngltelolutIOnl 04-367, 94-367-A, 94-367-Band 04-a67-C; and that
the ~oInt Participation Agreelents with the Florida i:)el~rtMnt o£
Everglades Airpark be approved.
Page
(2800)
RESOLUTIONS 94-368, 94-368-A, 94-368-B, 94-368-C, 94-388-D, 94-368-K
AND JOIXT PARTICIPATION AGREKN~NTS (GRANTS) J~TH TR~ rLORZDA
DEPARTMXITf OF TRANSPORTATION FOR ~ CONSTRUCTION OF AIRPORT
FACILITIES AT IMMOKALEE REQIONAL AIRPORT - ADOPTED AHD APPROVED
This Item was heard in conjunction with Agenda Item #8H3.
Cosuateeloner Saunders moved, seconded by Couuleelonsr Norris and
carrledunantBouol¥, to support the projects so requested, thereby
&doptLl~gRssolutlon~ 94-368, 94-368-A, 94-368-B, 94-368-C, 94-368-D
and 94-368-E; and that the ~otnt Participation Agreements with the
Florida IMpartlent of Transportation for construction of the mirport
£scLlLtlee st the Inskales Regional A~rport be approved.
Page
May 24, ~994
(2?48)
RKSOLUTZON DES'r~INAT'FN(3 COLLXKR COUIF'rY AS THE PURP~K MARTXN CAPXTAL OF
FLORIDA - FR,ESKNTED
State Representative Mary Ellen Hawkins presented the Board with a
Resolution designating Collier County as the Purple Martin Capital of
Florida.
Representative Hawkins advised that this resolution was sponsored
in the Senate by Senator Dudley and that she sponsored same in the
House. She pointed out that although not a local Bill, the Resolution
was approved unanimously by all the members of the House and the
Senate.
Co~lsstoner Constantine accepted the Resolution on behalf of the
Board of County Commissioners.
000-",'. 338
Page
May 24, 1994
BZD ~94-2169 FOR BUZLDZRG "B" R,ENOVATZON$ AT TH~ COLLZER COUNTY
GOV'gl~IO~IVT C~*ER - AWARDED TO VANDERBILT BAY CORSTRUCTION~ FOI~4AL BID
PROCESS WAIVED FOR AUDITORIUM SEATING
Office of Capital Projects Management Director Conrecede com-
municated that this Item tea request to award a contract with regard
to Bid #94-2169, Building "B" Renovations.
Mr. Conrecede explained that bids were received from two contrac-
tors and opened on March l?, 1994. He advised that the base bid from
the apparent low bidder, Vanderbilt Bay Construction, is $524,440. He
reported that the price for the work Including the add alternates ~e
$566,140.
Mr. Conrecede revealed that poet bid, an asbestos problem was
discovered. He pointed $ut that the cost to resolve thee problem As
$48,000.
Mr. Conrecede stated that staff anticipates using this same
contract as a vehicle to complete the renovations of the 2nd and 3rd
Floors of Building "F".
Additionally, Mr. Conrecede requested that the Board authorize
staff to waive the formal competitive b~d process with regard to the
acquisition of auditorium seating.
Commissioner Volpe questioned whether the County has had any
recent experience with Vanderbilt Bay Construction. Mr. Conrecede
replied that this contractor has recently completed a number of county
projects: Golden Gate City L~brary Addttton/Expane~on~ Cocohatches
River Park= and the Vineyards Community Park.
County Manager Derrill explained that Vanderbilt Bay Construction
tea local firm that coordinates its work very well with the County'a
capital projects process. He noted that this firm has been very
aggressive and competitive from a bid perspective. He Indicated that
staff will negotiate a change order for the renovation aspects of the
Board Room on the 3rd Floor.
In response to Commissioner Saunders, County Manager Derrill
Page 13
~ay 24, 1994
advised that renovations to the Board Room will include additional
lighting, and to re-work the video system to Amstall closed circuit
cameras in the ceiling as well as re-wiring of the PA system, replace-
ment of any of components, if necessary, and 15 monitors
Commissioner Saunders stated that he has received and will share
with County Manager Dotrill an informational packet from Manetee
County, describing renovations to their Board Room.
Commissioner Matthews moved, seconded by Commissioner Saunders and
carried unanimously, to award the contract for BAd #94-2169 to
Vanderbilt Bay Construction, as outlined in the Executive Summary; and
that the formal bad process be waived for the purchase of auditorium
C3287)
Item
WRITTEN DECISION ON MARCO ISLAND CABLE, INC.~S FRANCHISE APPLICATION -
APPROVED
Commissioner Volpe announced that he x-equested that this item be
removed from the consent agenda and placed on the regular agenda to
provide the opportunity to review the transcript and findings that
were not included In the printed agenda packet.
Assistant to the County Manager Edwards explained that the report
from the consultant had not been received at the time the agenda was
prepared for printing. She indicated that the written decision was
distributed to the Commission, County Attorney's Office and Minutes
and Records on May 19, 19~4.
Commissioner Norris moved, seconded by Commissioner Saunders and
carried 4/1 (Commissioner Volpe opposed), to approve the written deci-
sion on Marco Is/and Cable Inc.'a franchise application.
(3~00)
Itsm #PB
RESOLUTION 94-S69/CWS-94-SA0 CORRECTION OF A SCRIVENER'S EP~ROR IN THE
MAY 4, 1993 MEMOP~TDUM OF AGREEMENT BETWEEN WCN AND COLLIER COUNTY AND
A SCRIVENER'S ERROR IN THE MAY 4, ~993 INTERLOCAL AGREEMENT BETWEEN
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY AND THE BOARD OF
SUPERVISORS OF THE PELICAN MARSH UNIFORM COMMUNITY DEVELOPMENT
DISTRICT - ADOPTED
Commissioner Saunders moved, seconded by Commissioner Matthews and
carried unanimously, to correct the scrivenar~e error in the
Page
May 24, 1994
Me~orandu~of Agreement between MCN and Collier County inducing
Collier Count~ to support the creation of a Cormmiry Development
District and a ecrivener's error in the Interlocal Agreement between
the Board of County Conissioners and the Board of Supervisors of the
Pelican Nareh Uniform Com~unity Development District, thsrsb~ adopting
Resolution 94-369/CWS-94-SA.
!~DOK
Page 15
24, 1994
eee Raceme: 10:30 AN - Reconvened: 10:50 AN At this time,
Depu~Z Clerk Fernlay replaced Deputy Clerk Herflirt e,e
(3¢??!
Xtem #9A
A~tE~NT N~TH COLLIER COUNTY VETERANS C0UNCZL, INC. TO GOVERN TI~ USE
OF TH~ FORD NOTOR COMPANY FLKET TEST EQUII~I~NT AND T~ FUNDING FOR
~L, MAXHTENAHC~ AND XNSURANCE - APPROVED
Ramiro Manalich, Assistant County Attorney, informed the Board
that this item was approved An concept on May 10, 1994 and the
Agreement governs the relationship between Collier County and the
Vetcrane Council on the use of the vehicle.
CoBmtoeSoner Saunders moved, macended by ConmAeeloner Worr~m end
carr~edunanlmou~ly, that the Agreement between Col/let County and the
Collier CountyVet/reno Council, Inc. be approved.
Page 16
May 24, 1994
(S6S6)
DISC~SSIOX ~XOA~DIXO ~I~ CO~20N - S~ ~0 D~OP
~Z~ ~ ~GOTZA~ SK~~S OF O~ST~ZNQ ~Z~S ~
Dwight Brock, Clerk of Courts, stated that Staff is requesting
direction on collection of outstanding fines in the amount of
$8 million representing monies due to the County, State and State
Trust Funds.
Mr. Brock Indicated that the Fine and Forfeiture funds ts the
largest recipient and the funds are utilized to operate the State
Attorney's Office, Public Defender's Office and Court ~ystem. He
explained that in recent years ad valorem taxes have been utilized to
cover the shortfalls in the operation of these offices and collection
of the outstanding fines due could eliminate that need.
Mr. Brock stated that a number of large fines exist in the
$50,000 to $100,000 range and he has been approached regarding nego-
tiating settlements on some of the Judgments. He pointed out that a
statement of financial condition would be required tn order to nego-
tiate a settlement based upon a percentage on the amount owed and the
settlement would be presented to the Board of County Commissioners for
approval.
In response to Commissioner Constantine, Mr. Brock stated that
other than a negotiated settlement, civil remedies for enforcement of
fine collection exist and would entail hiring an attorney on art hourly
or contingency basis based on dollars collected.
Mr. Brock stated that local attorneys are willing to present
proposals for collection services or bill collectors can be utilized.
Mr. Brock Indicated that fine and forfeiture funds are limited In
use and payment of attorney's or bill collector fees for collection of
the outstanding fine8 is prohibited.
Mr. Brock recommended hiring outside council for collection on a
contingency basis rather than hiring additional County Attorney Staff
because of the costs involved without any assurance of collection.
Page 17
Nay 24, 1994
In response to Commissioner Volpe, Hr. Brock replied that the
majority of the persons owing money are local but the longer the
County takes to collect the fines, the more difficult It becomes to
collect because people become transient.
Hr. Brock pointed out that a mechanism does not exist that allows
the County to collect f/nee and pay a contingent fee on that portion
of the fine that inures to the benefit of the State and State Trust
In response to Commissioner Volpe, Hr. Brock etated that laws
exist wherein fines owing will appear when renewing drivers' licenses
but the problem is that drivers~ licenses are Issued for a long period
of time.
Hr. Brock indicated thst Judges are taking an aggressive approach
with compliance hearings to encourage compliance through the ~udlclal
system without taking any clvtl action.
Commissioner Constant/ns indicated that a written list of alter-
natives with pros and cons and a report on how the other Counties in
Florida are handling collection of outstanding fines needs to be
compiled.
Hr. Brock Informed the Board that there are not two (2) Counties
In the State of Florida that handle the collection of outstanding
fines the same.
Comttssloner Volpe moved, seconded by Couutsstoner MattheMs and
c~ted unanimously, that Staff develop guidelines and
negott&ttng settlaments of outstanding fines and prasent
fo~ enfo~cemento
ORDI!tkWCE 04-28 RE PETITION PUD-77-19(6), W~LLIAM R. VZNES OF VINES
~ ASSOCIATES, INC, REPR~SKHTING BAY~RONT GARDEN HOM~OWIFKRS
ASSOCIATION FOR THE Fu~,,.POSE OF AMKNDIN9 THE LELY BAREFOOT BEACH PUD
ORDINANCE 85-21 AS AMENDED, TO RKDKFI!q'E THE APPLICATION OF SIDE YARD
REQUIRI3q~NTS AS THEY APPLY TO A PORTION OF TRACT I (BAYFRONT GANDENS
SUBDIVISION) AT SECTION Z0.5.4.C OF THE SAID LELY BAREFOOT BEACH PUD
DOCUMENT -ADOPTKD
Legal notice having been published In the Naples Daily News on
Hay 5, 1994, as evidenced by Affidavit of Publication filed with the
Page
May 24° I994
Clerk, public hearing was opened.
Ron Nine0 Senior Project Planner, stated that this petition seeks
to amend the side yard requirement in the Lely Barefoot Beach Bayfront
Garden Subdivision by removing the requirement that & aide yard be
equal to one half (1/2) the height of the wall adjacent to a aide yard
or ?.5 feet, whichever is greater. He pointed out that this restric-
tion is not uniform throughout the Lely Barefoot Beach PUD In that
other tracts are subject to only the ?.5 foot aide yard set back.
Mr. Nine indicated that several building permits were Issued for
residences in the aubdtvtston utilizing the ?.5 foot aide yard
requirement when the rule of one half the height of the building would
have produced a greater aideyard. He atated that certain restdencea
are now nonconforming which generated the petition by the Property
Ownera Asaoclatton to rectify the problem.
Mr. Nine etated that two (2) letter of objection have been
received.
Mr. Nine Informed the Board that the Collier County Planning
Commalesion reviewed the petition on April 210 1994 and unanimously
recommended approval.
Nllllam Vines of Vlnea and Aasoctatea, representing Bayfront
Garden Homeowners Association, stated that the expectation of the
manner the homea would be developed throughout the Lely Barefoot Beach
PUD was small homes on amall lots but substantially large homes have
been conatructed. He Indicated that the aide yard requirement would
not have become a problem If small homes had been constructed.
Commissioner Constantine closed the public hearing.
Co~iealoner Norris ~oved, eeconded by Cow-ieeloner Volpe and
carried unanimously, to approve Petition PUD-77-19(6) and that
Orttnlnce 94-28 be adoptet aru~entered into Ordinance Book ]o. 66.
(els)
2t t22 2
ORDIRJLNC~ 94-29 R~ PETiTiON R-O4-i, DR. N~NO SPAOXA REPIR~SENTZXG
SAM ~o AND ~OYCE '. GO~DZNG R~QUESTZNG A R~ZONZNG O' CERTAXN DS~ZN~D
PRO~ A~ H'EREXN DESCRZBED IrROM A-ACSC/$T TO MH-ACSC/BT r0R PROPERTY
LOCATI~D ON ~ATZON Z~LAND AND AMXNDZNG ORDINANCE NO. 91-102, ~
COL~Z~R C0U1~A'Y T.,AND DEVELOPMAq~T CODE - ADOPTED
000
Page 19
May 24, lgg4
Legal notice having been published in the Naples Dally News on
May 5, 1994, as evidenced by Affidavit of Publication fi~ed with the
Clerk, a public hearing was opened.
Ron Nlno, Senior Project Planner, stated that the subject parcel
ts 1.27 acres and is adjacent to the Plantation Island Mobile Home
Subdtvis~on. He Indicated that the property ts currently zoned
Agricultural with an ST overlay and the request ts for a fezone to
Mobile Home w~th an ST overlay. Mr. Ntno explained that the fezone
wil! allow the owner to subdivide the property and authorize a maximum
density of four (4) dwelling units per acre.
Mr. Ntno Indicated that two [2) letters of opposition have been
received. He stated that the Collier County Planning Commission heard
the petition on May 5, 199& and unanimously voted to recommended
approval.
Commissioner Constantine closed the public hearing.
Commissioner Saunders moved, seconde~ b~ CommiasAonar Natthew~
and carriedunanA~m~ly, to approve Petition R-94-1 and that Ordinance
94-29 he adopted and entered into Ordinance Book No. 66.
Itel #12C1 - Cont/nue~ to 3une ?, 1994 Meeting
Itel #12C2
RESOLUTION 94-3~0 R~PETZTZON A~ 94-010, ROBERT BRAS~I'~, J~ AGain'FOR
0Mlt'ER, RE$OI~ DEVELOPI~RT OY COLLIER COUNTY, I~C., REQUESTING V&C&?ION
OY A PO~RTION O~ TRACT NN2, & DRAINAGE EAS~EII~ LOC&Ti~D ON A PORTION O~
~ i'T,A~ O~ LET..YI~$0R~o I~.ASg ONE - ADOPTED
Legal notice having been published in the Naples Daily News on
May 8 and May 15, 1994, as evidenced by Affidavit of Publication filed
with the Clerk, public hearing was opened.
Transportation Services Administrator Archibald stated that
Petition AV 94-010 pertains to the partial vacation of Tract WM2, a
drainage easement located on a portion of the plat of Lely Resort,
Phase One. He Indicated that the vacation will allow for a lot line
adjustment to create a more buildable single family lot but will not
increase the intensity of use.
Commissioner Constantine closed the public hearing.
Page 20
May 24~ ~994
Oosmlselone~ Sa~Lndero moved, seconded by Couuloeloner Nor~s and
carried 4/0 (Cona~se~oner Volpe abstained), tha~ Pet~on AV 94-0~0 be
approved, therel~ &dopt~ng Reoolut~on 9&-3T0.
,00~ 0C0~,,.,.355
~a¥ 24, 1994
Ztem#22C3 - To B~ Readvertieed
Item ~22C4 - To Be Readyerr/Bed
Item #13&1 - Continued to 3une ?, 2994 Meet/ng
Ztem #13A2 - Continued to Suns ?, 1994 Meeting
Itel #23A3 - Cont/nued to 3une ?, 2994 Nesting
Item ~13A4 - Continued to June 14, 1994 Nesting
Item
P~TITIOR CU-94-2, GEORGE L. VARNADOE OF YOU~G, VAN ASSENDERP,
VANRIDGE & BENTON, P.A., REPRESENTING APAC-FLORIDA, INC, REqUeSTING
CONDITIONAZ, USE "1" (EXTRACTION OR EARTH NINING, AND RELATED
PROCESSING AND PRODUCTION NOT INCIDENTAL TO THE AGRICULTURAL
DEV~LOPi~NT OF THE PROPERTY) OF SECTION 2.2.2.3 OF THE "A# RURAL
AGRICULTURAL DISTRICT OF THE LAND DEVELOI~[ENT CODE FOR PROPERTY
LOCATED APPROXIHATELY THREE (3) NILES EAST OF C.R. 951 AND TWO (2)
NILES NORTH OF 1-75 ALL IN SECTION 20 - DENIED
Lega! notice having been published in the Naples Daily News on
April 24, 1994, as evidenced by Affidavit of Publication filed with
the Clerk, the public hearing was continued from May 10, 1994.
Co~misstoner Constantine indicated that this item is a companion
to Xtem #eA1.
Commissioner Norris Indicated that he has had no ex parte com-
munications which would influence his decision making process.
Commissioner Saunders indicated that he has had no ex parts com-
munications which would Influence hts decision making process.
Commissioner Volpe indicated that he has had no ex parts com-
munications which would influence his decision making process.
Commissioner Matthews abstained from voting due to a conflict of
Interest.
Commissioner Constantine Indicated that he has had no ex parts
communications which would Influence his decision making process.
Commissioner Constantine stated that some discussion took place
on the APAC issue at the Golden Gate Townhal/ Meeting but the Com-
missioners present did not part/c/pate in the discussion {Commissioner
Saunders was not present).
County Attorney Cuyler explained that a verbatim transcript of
the Golden Gate Townhall Meeting was provided to the petitioner's
Page 22
May 24, 1994
counsel.
At this time, Commissioner Constantine swore In el! persons
wishing to participate tn the proceedings.
Bruce Anderson of Young, Van Aesenderp, Vernadoe & Benton, P.A.,
representing APAC-Florida, Inc., etaTed that the petitioner's request
for a hearing officer was denied by failure of the Board to act on the
request at the May l?, 2994 meeting. Mr. Anderson reiterated the
petitionerrs objection. He pointed out that this Is a quaei-Judicta!
proceeding and the United States and Florida Constitutions guarantee
the petitioner the right to a fair and Impartial hearing but by the
Commission hearing and deciding the petition, the petitionerrs right
will have been denied.
Mr. Anderson indicated that the right to a fair hearing has been
denied by the Land Development Code requirement that four (4} votes
are necessary to approve a conditional use petition. He etated that
on1¥ four (4} Commissioners are ezigible to vote due to the conflict
of interest by Commissioner Matthews which transforms the requirement
of an 80 percent approval vote to a lO0 percent approval vote. Mr.
Anderson pointed out that the ZOO percent approval vote requirement
violates the equal protection and procedural due process clauses of
the Constitution by requiring an unanimous vote for approval.
Mr. Anderson explained that this application of the four (4) vote
requirement will be subject to strict ecrutiny in The Constitutional
sense because it is being applied against the context of
Constitutional protection of private property rights and the guarantee
of procedural due process. He stated that in addition to the objec-
tion to the four (4) vote requirement, the petitioner raises the issue
that the super majority requirement for approval of a conditional use
or special exception is not authorized by, conflicts with, and is
inconsistent with Special Act 671.246, Law of Florida, as amended. He
explained that the Special Act is a delegation by the State
Legislature to Collier County of certain specified planning, zoning
and subdivision regulatZon powers end Section 2 of the gpeclai act
Page 23
May 24, 1994
sets forth the limitation that in exercising the powers granted In the
Act, the powers must be exercised in the manner prescribed.
Mr. Anderson stated that Section 1! of the Special Act also sets
forth a limitation on the Countyte exercise of the powers delegated to
it and provides that no change in the zoning ordinance shall become
effective except by an affirmative vote, or 4/5 of the full membership
of the governing body. He pointed out that the Special Act contains
no other specified voting requirement for the County Commission to
approve a variance, an appeal of an administrative interpretation or
decision, or a conditional use or special exception.
Mr. Anderson stated that the County has gone'beyond the authority
delegated in the Special Act to require more than a simple majority
vote for approval of a conditional use request, i.e. an unlawful,
unauthorized action.
Mr. Anderson informed the Board that in 1990 the zoning ordinance
was changed to require the four (4) votes rather than a simple
majority vote for conditional uses.
Mr. Anderson introduced into evidence Petitionerie Composite
Exhibit 1.
Commissioner Constantine informed Mr. Anderson that Petitioner's
Composite Exhibit 1 Is accepted into evidence.
Mr. Anderson explained that the right to a fair and impartial
hearing has been rendered Impossible because of ex parts com-
munications that have occurred regarding this conditional use peti-
tion.
Mr. Anderson stated that there is no evidence of ex parts com-
munications with the Collier County Planning Commission who recom-
mended approval of the petition.
County Attorney Cuylsr stated that nothing Indicates that the
four {4) vote requirement, coupled with a commissioner abstaining,
denies due process.
Commissioner Matthews indicated that every effort has been made
to resolve the conflict.
,oo, 000 , 3'63
Page 24
May 24, 1994
Mr. Cuyler stated that the conflict has not been resolved.
Mr. Cuyler Indicated that the County has the ability to enact
zoning ordinances and voting requirements.
Commissioner Constantine stated that the March 10, 1994 Townhail
Meeting was not called to discuss APAC and the meeting was terminated
early due to the death of a citizen present.
Commissioner Yelps pointed out that time wtll have been wasted by
numerous people if the allegations presented by Mr. Anderson are
correct and suggested seeking a declaratory Judgment from the Circuit
Court on whether the Board of County Commissioners does have Jurisdic-
tion In this matter.
Commissioner Saunders recommended that the Board either hear the
petition today or let a hearing officer hear the matter. He pointed
out that the Courts will Eost likely wait for the outcome of this
hearing before making a Judgment.
Mr. Cuyler stated that a hearing officer will have to hear the
petition should the courts find that ex parts communications did occur
prior to the Board of County Commissioners public hearing.
It wa~ the consenwum of the Board that Petition CU-94-2 be heard
at this tl~e.
The Bo~rd recognized County Staff as expert witnesses in their
respective fields and there was no objection voiced by the petitioner.
County Manager Derrill introduced Into the record a letter from
Kimberly Dryden, Florida Game and Fresh Water Fish Commission,
regarding Listed Wildlife Species Survey, Collier County, 680 Acres,
Section 20, APAC Mine.
In response to Commissioner Volpe, Mr. Cuyler stated that the
letters received by the Board regarding APAC were routinely answered
by a form letter with the original letter forwarded to the appropriate
department for filing.
Ron Nine, Senior Project Planner,. stated that the eub~ect site is
the entire Section 20 and is located south of 16th Avenue S.W. and
west of l?th Street S.W. which are zoned rural estates. He indicated
Page 25
May 24, ~994
that the land south and east of Section 20 is zoned agricultural with
a one (1) square mile section ~mmed~ately northeast contain~ng an
existing mining operation under the Warren Brothers PUD. Mr. Nino
pointed out that a tract within the Warren Brothers PUD is an
industrial area comprised of approximately 47 acres. He stated that
approximately one (1) mile north of the Warren Brothers PUD is Golden
Gate Boulevard and the primary access road to the PUD is 5th Street
S.W.
Mr. Nino stated that this petition is for a conditional use and
is different from a rezontng action In that a conditional use does not
change the property zoning classification but merely allows a par-
ttcular property to be used differently from surrounding properties.
Mr. Ntno stated that the four (4) criteria to be considered when
making a conditional use determination are:
Consistency with the Comprehensive Plan;
2. Whether there is adequate Ingres~ and egress to the project;
3. The affect the conditional use will have on surrounding
properties in relation to noise, glare, economic or odor
effects; and
4. Compatibility with adjacent properties and other property tn
the district.
Mr. Nino stated that on May 5, ~994, the Collier County Planning
Commission voted 4/2 to recommend approval of the petition.
Mr. Nino Indicated that Staff finds the request consistent with
the Growth Management Plan in that earth mining is authorized in the
Agricultural/Rural Estates designated areas.
Mr. Nino stated that the Issue of Ingress and egress relates to
the ease with which traffic and pedestrians can interact with the pro-
posed use on the subject property.
Mr. Nino explained that there ie an element of subjectivity in
the evaluation of the effect on neighboring properties in relation to
noise, glare, economic or odor effects. He indicated that technical
standards and expert testimony will need to be relied upon in this
Page 26
Nay 24, 1994
determination but Staff feels that all these issues can be mitigated
with the stipulations contained in the Agreement.
Mr. Nine stated that there are no definitive or measurable
dards for the issue of compatibility with adjacent properties and
other property in the district except comparison to other allowable
activities in an agricultural district. He indicated that if earth
mining As no more objectionable than another allowable uses, then
earth mining is compatible with contiguous zoning district but the
Board has the authority to increase the specifications to accomplish
compatibility.
Mr. Nine pointed out that the build out study indicated that the
Golden Gate Estates area will have a population of approximately
fi00,000 by the year 2050 but the subject site will not be required for
urban purposes within the next several decades.
Mr. Nine stated that the production of high quality aggregate is
a marketable natural resource.
Mr. Nine indicated that res/dents were represented by three (3}
attorneys at the Collier County Planning Commission meeting of which
two (2) took great exception to any approval of the petition and a
number of residents spoke in opposition.
Commissioner Constantine questioned how many residences exist in
the area?
Tape #3
Mr. Nine stated that ?4,8?5 acres are contained ~n the planning
community with a population as of 1993 of 8,635 people or 2,902
dwelling units.
Commissioner Volpe pointed out that a phasing schedule was pre-
sented for the conditional use granted to the commercial excavation
pit adjacent to the Corkscrew Sanctuary and questioned whether a
phasing schedule has been prepared for this petition which is over
twice as large in area?
Mr. Nine informed the Board that a phasing schedule has not been
prepared for this petition.
Page 27
May 24, 1994
Mr. N/no Indicated that 28 mining operations exist in Collier
County with ten (10} being parts of proposed urban development sites
and are short lived.
In response to Commissioner Volpe, Mr. Nino explained that the
Land Development Code provides for oil and gas exploration,
Mr. Nino stated that Staff explored the possibility of access to
the subject site from the south but the Transportation Department
Indicated that such a route is not feasible. He explained that the
existing 5th Street access will be the only access to the subject
site.
In response to Com~isstoner Saunders, Mr. Nlno informed the Board
that the master plan Indicates that 562 acres of the 640 acres will be
excavated and represents the size of the lake that wil! remain after
excavation of the proposed site is completed.
Commissioner Saunders questioned what the long term impacts could
be to the ground water supply?
Mr. Nino stated that the Natural Resources Department reviewed
the application and did not indicate that there would be impacta to
the ground water supply.
In response to Commissioner Constantine, Mr. Nino explained that
the Warren Brothers PUD was approved on December ?, 1976 and no homes
existed at that time in the area.
Dick Clark, Acting Community Development Services Administrator,
stated that dynamiting is not controlled by the noise ordinance
because the duration does not exceed the one (1) minute time limit but
could exceed the decibm1 standards.
Commissioner Constantine pointed out that blasting is compared
to a summer storm when in reality thunder does not strike in the same
location on a continuing basis.
In response to Commissioner Constantine, Mr. Nlno stated that 5th
Street is the collector road to be utilized by the trucks.
Commissioner Constantine stated that 5th Street is & loom! road
even though it may have been constructed to collector road standards
367
Page 28
May 24, 1994
and Golden Gate Boulevard is a collector road.
Transportation Services Administrator Archibald indicated that
approximately 80,000 pounds can be carried by each truck.
Commissioner Constantine pointed out that 26.2 million cubic
yards of fill are available for production which represents a large
number of hauled loads leaving the subject site and will impact the
roads in the area.
In response to Commissioner Constantine, Mr. Nino stated that
there is no indication from a report received from Dr. Gall Gibson,
Pollution Control Senior Hydrogeologist, that the blasting will affect
the well structures in the area but could cause turbidity.
Commissioner Constantine indicated that the proposed site is tn
the middle of the most heavily resided area of Golden Gate Estates.
Mr. Nino informed the Board that residences exist to the north
and west of the proposed site with sparsely developed parcels to the
south and undeveloped lands to the east.
Mr. Nino explained that in the Rural Estates Zoning District land
utilization is not as strict as conventional residential zoning
districts.
Commissioner Constantine stated that he does not believe that
activities such as cattle feed lots, pig farms and chicken farms are
more offensive than the proposed blasting.
Commissioner Constantine stated that If the 562 acres are per-
mitred for excavation, the haul tripe will Increase and impact traffic
on Golden Gate Boulevard, bike traffic and pedestrians.
Mr. Nlno explained that truck traffic will not cease when the
current mining operation is depleted because of the existing
Industrial area and aggregate can be hauled onto the site.
Commissioner Constantine stated that the expected residential
growth In the area will Increase traffic on Golden Gate Boulevard
along with the increase in truck traffic.
Commissioner Volpe questioned the time frame Involved when
addressing the compatibility issue7
Page 29
May 24, 1994
Mr. Cuyler explained that future compatibility can be taken Into
account.
In response to Commissioner Volpe, Mr. Ntno explained that the
subject site Is outside the urban boundary line.
Commissioner Constantine indicated that the Executive Summary
states that with the exception of living areas exposed to truck traf-
fic associated with the off-site removal of aggregate, all living
areas contiguous to the subject site can be relieved of nuisance value
through mitigation which means that the living areas exposed to the
truck traffic cannot be addressed.
Mr. Ntno pointed out that a natural buffer is created tn the
estates area because estates lots are normally 660 feet deep and
construction usually takes place in the front 100 to 200 feet.
Commissioner Constantine stated that the Executive Summary rela-
tes that no residence will be closer than 300 feet to an earth mining
activity which seems awfully close when blasting Is taking place.
Commissioner Constantine indicated that If Staff feels that
nothing Is better than the status quo, then why would the Board choose
anything different?
Mr. Ntno responded that the Board has the responsibility to
review applications for land use and to determine whether or not the
use should be extended to the requested property.
In response to Commissioner Constantine, Mr. Ntno stated that
Pelican Marsh and Berkshire Lakes are good examples of developing
residential areas wherein earth mining activity is occurring con-
currently with development.
Commissioner Constantine pointed out that truck traffic will be
traveling past the elementary school on Golden Gate Boulevard located
west of 5th Street.
Commissioner Constantine swore in Clyde Fugate, Engineering
Inspection Supervisor, and acknowledged him as an expert in the
blasting field.
Mr. Fugate stated that an inspector is present at every blast
Page 30
May 24, 1994
which occurs in Collier County to assure that all standards and guide-
lines of the County and Industry are followed. He indicated that
blasts usually are from 108 to 122 decibels.
In response to Commissioner Constantine, Mr. Fugate explained
that a trembling will occur from the blast and the maximum allowable
velocity in Collier County is .75 tn./sec. which is not a structural
damaging velocity but could cause cosmetic damage,
Mr. Fugate stated that turbidity can flow through a well and plug
the system but can be remedied by simply cleaning the system.
Mr. Fugate informed the Board that an owner of property can
obtain a blasting permit but the actual blasting must be performed by
a licensed b/aster.
Commissioner Matthews distributed a Future Land Use Map of the
subject area designating the Estates as Urban Residential and local
area maps provided by the Board of Realtors to assist In determining
If the parcels of land are remote. She also distributed the 1990 cen-
sus for Census Tract 104.04 which covers the planning distr~ct from
1-75 north to C.R. 846 and C.R. 951 to DeSoto Boulevard Indicating
that the population was 5,869 in 1990 and 160 in 1977.
County Manager Dotrill Indicated that there Is a 29?? aerial pho-
tograph in his office.
$~$ Recessed: 1:15 P.M. - Reconvened= 2~00 P.M. at whlch tlma Dalr~ty
Clark Barb~rstt! replaced Deputy Clerk Fernlay s$~
Mr. Clark confirmed that there is a provision ~n the Noise
Ordinance that states that the explosion sounds can be regulated.
In response to Commissioner Constantine, Mr. Clark stated that the
sound could be measured if someone from Code Enforcement is present
at the time of the blast with a dectbel meter set up to record the
sound.
At this time Mr. Varnadoe cross examined Mr. Ron Ntno.
At this time Mr. Vernadoe cross examined Mr, Clyde Fugate.
Mr. Vernadoe, representing APAC of Florida, Inc., ateted that the
petltton ks a request for conditional use In the #Ag" zoning dlstrlct
for earth mining. He Indicated that expert testimony will be pro-
Page 31
May 24, 1994
rided.
Mr. Varnadoe stated that in the State of Florida land use deci-
sions are not a popularity contest.
Using an aerial photograph, Mr. Varnsdoe described the site and
the proximity to the Warren Brothers PUP which is located in Section
16. He said that there are two uses in the Warren Brothers PUP: earth
mining and a series of industrial uses, including an asphalt batch
plant and a rock crushing plant.
Mr. Varnadoe reported that the Environmental Advisory Board
approved the petition.
Mr. Varnadoe stated that the petitioner met with local residents
at meetings sponsored by the Golden Gate Civic Association. He said
that as a result of these meetings the application has been amended to
Include greater standards than required by the Land Development Code.
Mr. Varnadoe submitted the transcript of the Collier County
Planning Commission Meeting Into the recold. He also presented the
resumes of the experts Into the record. He submitted a composite of
documents Into the record which included provisions from the Land
Development Code, County Ordinances, Warren Brothers PUP document,
excerpts from the Growth Management Plan.
Commissioner Saunders expressed concern regarding the possible
contamination of pesticides into the aquifer.
Mr. Varnadoe stated that the concern will be addressed by one of
the expert witnesses.
Keith Richardson, Regional Vice President of APAG of Florida,
Inc., gave a brief history of the company and his professional
experience. He stated that the company employs approximately 70
people. He said that APAO has had a part in helping Collier County
with necessary Infrastructure to meet concurrency goals for many
years. He stated that 95~ of every ton of material that is crushed
and manufactured is reincorporated into the economy of Collier County.
He reported that since his involvement with the firm in 1978, he to
unaware of any injuries to non-employees at the site. He said that
Page 32
May 24, 1994
his flrn wtl! construct a 4 foot fence with two strands of barbed wire
around the unfenced portions of the mine site In Section 16.
In response to Commissioner Saunders, Mr. Richardson replied that
the batch plant on the neighboring property is under the control of
APAC. He said that the plant sometimes has projects that require
night operations. He said that the fill pit is expected to remain
operational for another six years. He said that tf APAO's application
is not approved today and the fill pit operational life comes to an
end, the petitioner will leave the batch plant on site and bring in
aggregate from other sources. He stated that this would double the
amount of truck traffic in the area.
In response to Commissioner Volpe, Mr. Richardson etated that tf
the application is granted Job security would be maintained for the
employees.
In response to Commissioner Vo]pe, Transportation Services
Administrator Archibald stated that the C~unty~8 excavation ordinance
provides for payment of road impact fees. He said that it is based
upon the number of trips generated from the use. He said it is
measured on the new lane miles occupied by the trucks. He stated that
the impact fee and maintenance fee must be considered.
Mr. Richardson stated that APAO maintains 5th Street out to Golden
Gate Boulevard.
In response to Commissioner Norris, Mr. Richardson replied that no
expansion plans have been developed at this time.
Commissioner Saunders ~oved, seconded by Con~ss~one~ Norris to
&ccept Allen Reynolds as an expert witness.
Upon call for the question, the motion carried 4/0.
Allen Reynolds, explained that he is serving as planner for this
project. Be described APAChe plan for Section 20 which consists of
67! acres. He said the sole use will be the excavation and stock-
piling of sand/rock materials and the transport of those materials
to The axisting processing facility.
Mr. Reynolds stated that the operational restrictions for Section
Page 33
May 24, 1994
16 are not as limited as those proposed for Section 20.
Mr. Reynolds conunented on the four criteria. He said that the
Staff Report clearing ahows that the project ts consistent with the
Land Development Code and the Growth Management Plan. Referring to
egress and Ingress to the property, he said that all that is proposed
is providing raw material to the existing processing facilities in
Section 16.
In response to Commissioner Constantine, Mr. Reynolds stated that
APAC maintained Golden Gate Boulevard for 15 or 20 years and pointed
out that before it was turned over to the County, APAC resurfaced it.
Mr. Reynolds stated that the current utilization of Golden Gate
Boulevard by APAC operations te lees than 5~ of its level of service
capacity.
Commissioner Constantine remarked that truck traffic mixed with
pedestrian traffic is a dangerous situation.
Commissioner Volpe asked what impact the four-laning of Golden
Gate Boulevard will have on the 5~ level of service?
Mr. Reynolds replied that it will Increase the capacity of Golden
Gate Boulevard to accommodate traffic growth in the area.
In response to Commissioner Constantine, Mr. Reynolds stated that
he estimates that at least 80~ of the traffic generated from the
Warren Brothers PUD te going west.
Mr. Reynolds recalled that when this petition was heard at the
Collier County Planning Commission meeting there was much concern
regarding accidents on Golden Gate Boulevard. He said that his eva-
luatton of accident data indicates that tn the last five years there
was not a single heavy truck owned or leased by APAC Involved in any
accident.
In response to Commissioner Constanttne's question, Mr, Reynolds
confirmed that three of the trucks involved in accidents tn the past
five years were trucks that were coming or going to the APAC site.
Commissioner Constantine commented that %here is a possible safety
concern.
Page 34
Nay 24, 3994
In response to Commissioner Constantine, Mro Reynolds confirmed
that the length of the trucks are 30 to 40 feet depending on the ty~e
of vehlcle.
In answer to Commissioner Volpe, Transportation Services
Administrator Archibald replied the average median widths of the road
are so narrow that a truck can make a turning movement but not a
turn. He said it does provide for right and left turn movement from a
thoroughfare.
Mr. Reynolds commented on the effects of the conditional use to
the neighboring properties. He noted that there is no raw material
processing on the site and that night operations are not permitted so
there w~ll be no glare or odor effects. He said that Mr. Tanner, a
noise expert, measured the sound of existing operations at a distance
that is equal to the closest possible location to an adjoining
perty line. He stated that the level of sound measured at ?! DBa
which complies with the Noise Ordinance. ~e said that a berm and
vegetative buffer is planned so that the sound at the property line
wil! not exceed the level of sound allowed to be generated by a
dential use which is 60 DBa.
Commissioner Constantine asked if the level of sound would ever
exceed 60 DBa under any circumstances?
Mr. Re~nolds stated that he ts speaktn~ of the excavation opera-
tions on Section 20 which is the operation of the drag line that digs
the lake. He said that the blasting operation is a different issue.
He emphasized that the setback', buffer, berm and operational restric-
tions reduce the noise levels to the same as those of a residential
Mr. Reynolds stated that the blasting la an impulsive sound with
ar~ increase allowed for audible sound by the Noise Ordinance.
Mr. Re~nolds explained that the berm and buffer designed
screen the excavation and the height of the stockpile will be
restricted.
Mr. Re~nolds etated that the proposed use is compatible with the
Page 35
Hay 24, 1994
adjacent properties and other properties in the district.
In response to Commissioner Constantine, Mr. Reynolds explained
that the map provided by Commissioner Matthews is a supplemental map
to the Future Land Use Element. He said it classlfies each of the
land uses under the Florida Land Use and Cover Classification System
which describes each type of use.
In response to Commissioner Volpe, Mr. Reynolds replied that there
are 13 residences to the west of the subject property.
Mr. Reynolds pointed out that if a compatibility problem did
exist, the area would not be developing at the same rate as other
parts of the County. He said that when the mining operation was
approved by the County An 1976, a finding was made that mining opera-
tione are compatible with the surrounding Agricultural and Estates
zoning districts.
[i' Commissioner Constantine remarked that the complexion of the
'! Estates zoning district has changed.
~' Mr. Reynolds stated that approval has been granted for Shady
Hollow ~n the last five years. He said that Shady Hollow is a commer-
~: ctal earth mining operation located on Immokalee Road. He said that
Shady Hollow is bounded on two sides by Estates zoning and the other
two sides are bounded by Agricultural zoning.
In response to Commissioner Constantine, Mr. Reynolds stated that
Shady Hollow is approximately 7 to 10 miles from the urban center.
Commissioner Volpe pointed out that Land Use districts is the main
Issue of this hearing.
Mr. Reynolds stated that the uses conditionally permitted under
existing zoning are consistent with the Growth Management Plan. He
said that the Staff Report Indicates that fact. He stated that by
adopting a Growth Management Plan the County is creating land uses
that allow selected circumstances to occur and excluding others. He
said that the County has made a decision that it is compatible by
designat~ng commercial earth m~ning to occur in the proposed location.
Mr. Reynolds gave some examples of dissimilar land uses that occur
Page 36
May 24, A994
along Pine Ridge Road.
Mr. Reynolds emphasized that every reasonable step to enhance the
compatibility of this petition has been taken. He said that the set-
back for this petition is three times the amount required by the Land
Development Code. Be said that the Land Development Code does not
require a berm of any type, but a 12 foot high, 100 foot wide berm is
proposed for this project. Be said that the proposed landscape buffer
is 50 foot wide on the outside of the harm. He Indicated that a 4
foot wire fence is proposed to be constructed with barb wire strands.
He said that the proposed hours of operation are ? A.M. to ? P.M.,
five days per week with no evening or weekend operations. He said
that the Blasting Management Plan limits blasting to four hours per
day for two days per month. Be indicated that a monthly notice wall
be provided indicating the time and date. He said that the haul road
will be paved, the feeder roads will be watered down and the parts of
the site that are cleared will be seeded An an effort to alleviate
duet. He pointed out that there is no external access to the pro-
perty.
Mr. Reynolds stated that the petitioner has tried to address all
the Issues of concern for the good of Collier County.
Mr. Reynolds presented a road map of Collier County which depicts
all of the roads that have been paved by APAC.
Commissioner Saunders stated that he would like to see a 300 foot
wide buffer. Be pointed out that this is not an indication of appro-
val.
In response to Commissioner Volpe, Mr. Reynolds stated that a per-
mit will be required from the Department of Environmental Protection.
In answer to Commissioner Volpe, Mr. Reynolds replied that the
reason the project plans to move from west to east is so that the
operation wtll begin and move away from the residences as quickly as
possible.
Commissioner Constantine referred to the Summary of Accident Data
that was presented by Mr. Reynolds. Be pointed out that although the
Page 37
May 24, 1994
Sunnary states "0" number of accidents Mr. Reynolds has verbally indi-
cated that there were three trucks Involved ~n accidents.
*** Recessed 4:10 P.M. - Reconvened 4:30 P.M. at Which time
Del~Uty Clerk Hoffmam replaced Del~ut¥ Clerk B~rblrettt
At this t/me time Mr. Kirk Martin, Hydrogeologist, was ~altfted
a~ an expert witness.
Comteeisner Sa~dera moved, seconded ~ Contaolone~ Rorrl~ ~d
carrl~ 4/0, to accept Mr. hrttn u n e~rt withers.
Hr. Hartin explained the three layered system in the Golden Gate
Estates Area as depicted on an exhibit. He advised that u~on conpie-
t/on of excavation, there would be no affect on water table ~evels and
noted that b/asttng would not affect the product/on wells. He Indi-
cated that the lake provides a st~tftcant hydrologic barrier to
wet/and impacts.
Zn response to Co~lsstoner Norris, Hr. Hartin remarked that the
clay layer extends from 45' to 70' in Sect/on 20.
Zn answer to Commissioner Volpe, Mr. Martin revealed that there
no sheet flow on this property. He reported that this area has been
htghl~ d~atned by the Golden Gate Canal system.
~r. ~arttn indicated if turbtdtt~ occurs In a private well,
not attributed to blasting.
Responding to County Manager Derrill, Hr. Martin stated that a
review of County records reveaJed that within a one mile radius
Section 20, of 193 wells, all but 26 are tapping the Tan/am/ A~t~er.
He remarked that 19 off the 26 wells were test wells.
Attorney Varnadoe Introduced Robert Tanner, acoustic consultant,
at this time.
~oot~er Sa~dero m~ed, oeconded~Conl~8/onor
c~t~ 4/0 to ~1tfy ~r. T~er as ~ e~ct.
Mr. Tanner advised that he was asked to work on this project to
ensure that the sound output at the new location would be acceptable
to the surrounding residents. He reported that he proceeded to
Section 16 to measure the sound at the Southwest corner off the present
Page 38
May 24° 1994
operation. He divulged that he obtained a reading of 51 dBA at the
time the dragline was operating which is below the permitted night
ttme requirement of Collier County'o 0rdtnance.
Mr. Tanner stated that working blasts measured In the present
situation In the southwest corner of the project measured 75 dBA,
and according to the ordinance, this reading could be 85 dBA. He
noted that the berm would reduced this level by approximately 10
dBA's. He pointed out that ordinary conversation is approximately 63
dBAts within a room.
In response to Commissioner Constantine, Mr. Tanner Indicated that
because Collier County's Ordinance allows a rather high sound level 24
hours per day from Agricultural property, It was decided to determine
how the noise could be reduced to the same limit that would be allowed
for a residential property adjacent to another residential property.
Mr. Varnadoe introduced Jeff Straw, Vice President, 0essonice,
Inc. as an expert witness in the field of acoustics and vibrations.
Commissioner Saunders moved, seconded by Contasloner Norris and
carrie~ 4/0, to accept Mr. Straw as an expert in acoustics and vibra-
tion.
Mr. Straw stated that his firm is an acoustics and vibration con-
suiting firm, specializing in the area of blast vibration monitoring.
He noted that he has been Involved with this type of work for 16
years.
Mr. Straw explained that he has been asked to review the proposed
Section 20 quarry operation and the aspects of blasting in addition to
producing specific guidelines and recommendations to help limit the
affects to the homes in the area. He pointed out that the nature of
mining in the geologic structure requires certain provisions for the
rock. He announced that APAChe rock complies with DOT~s specifica-
tions.
Mr. Straw reported that the rock cannot be dug by itself, and as
such, blasting Is used to break the rock so that It can be exoavated.
He noted in terms of comparison to other blasting operations within
Page 39
Nay 24, 1994
the state, that the APAC operation Is a rather small and limited
operation. He remarked that the blasting operation planned for
Section 20 indicates that blasting will take place two days per month
within a specific four hour time window.
Mr. Straw etated that he believes the Count¥~s Code is very well
written and well suited to protect any of the residences surrounding
Section 20.
Mr. Straw presented a Blasting Nanagement Program for Section 20.
He announced that APAC will limit the drilling and blasting operation
to SO holes per blast. He noted that the schedule for blasting w~11
be published and staff will be present during these times.
Mr. Straw revealed that preblast Inspections will he conducted
within 1/2 m~le surrounding the Section 20 area, to Identify any
existing cracks and defects.
Mr. Straw cited that the levels of v~brat~on produced by the
blasting will be monitored from the closest property where there is
home adjacent to the site.
In response to Commissioner Volpe, Mr. Straw explained that
Collier County requires the posting o~ a bond and/or an insurance
policy in the event there are any damages resulting from blasting.
Hr. Straw presented a chart depicting APAChe Particle Velocity
Levels from 1990-1994. He reported that the chart Indicates the
blasts that have occurred over that time period. He noted that the
levels, as adopted by Collier County, provide a large margin of safety
between where the defects occur and the types of vibration.
Commissioner Volpe questioned whether the standards, ae set forth
in the management plan, are greater to those that would have been
applied at the Gray Oaks project. Mr. Straw replied that the particle
velocity standards are standard across the board, however, the
blasting management program provides greater protection to the res/-
dents than what was provided for the Gray Oaks project.
Mr. Straw related that he has found when evaluating claims
resulting from blasting damages, that ten out of ten are existing
Page 40
Nay 24, 1994
defectsor have been created by Improper workmanship.
Nr. Straw affirmed that he has seen blast damages, but they
are the result from blasts where the guidelines are In excess of 2.00
- 3.00 tn./sec. He noted that th~a typically does not happen In the
mining and quarry Industry since it is very well regulated and
controlled.
Mr. Straw stated that he believes this operation can be conducted
extremely safely and well within the guidelines established by Collier
County.
Attorney Vernadoe presented Mr. Ray Carroll, Certified Real Estate
Appraiser, and requested that he be recognized as an expert in that
field.
Co~ateelonar Saunders moved, seconded
carried 4/0 to recognize Mr. Ray Carroll ae ~n expert witness tn real
estate al~pralaal.
Mr. Ray Carroll advised that he conducted an analysis to determine
whether the proposed activity in Section 20 would have a negative eco-
nomic impact on the adjacent area. He reported that there is the
existing ongoln~ mining operation in Section 16, in addition to the
Industrial production of the batch plant which has been ongoing for
quite some time.
Mr. Carroll stated that he reviewed the patterns of development
this area over a period of time. He reported that Oolden Oats Estates
has developed from a westerly to an easterly direction and noted that
land values have increased.
Mr. Carroll explained that he looked at the units associated most
closely with the existing mining operation in Section 16, noting that
those units would be the best comparisons to the proposed
Section 20. He cited that whatever impacts are evidenced in the
market place should show up within a one mile distance of the pit. Re
affirmed there ia no difference in the value per acre in the area
adjacent to the pit or in the area one mile away. He indicated that
some of the newest and nicest homes are those closest to the pit.
0C0 ,, , 3'80
Page 41
May 24, 1994
Mr. Carrol! revealed that he could not find any Impact anywhere, based
on market data. He remarked that his opinion is based on the data
researched through public records in the Property Appraiser's Office.
Commissioner Constantine questioned whether the intensity of traffic
would affect the impact of the value of home fronting a road. Mr.
Carroll replied that the intensity of traffic would not affect the
value of a home.
In response to Commissioner Volpe, Mr. Carroll advised that he has
no recollection of anyone asking for a discount of their assessed pro-
perty value because of abutting the existing pit.
Mr. Douglas Rankin stated that he is representing himself. He
noted that he is also an attorney and will act in the capacity as a
witness. He explained that Attorneys Thomas Franchtno0 Stephen
Thompson and himself will be cross-examining Mr. Varnadoe'm witnesses.
Attorney Steven Thompson stated that he represents Mr. Jim Brown,
the owner of Section 21 which is east of the site and immediately
south of the Warren Brothers Quarry.
Tape ~6
At th~s time Attorney Thompson cross examined Mr. Richardson.
Mr. Thompson suggested that an m/ternate site be utilized for the
mining operation.
Mr. Thompson submitted a letter of object/on to the APAC petition
from Ms. Ann Lief, co-owner of the property at the northwest corner of
Section
Attorney Rankin cross examined Mr. Richardson at this time.
In response to Mr. Rankin, Mr. Richardson affirmed that there has
been an ongoing reported spill from leakage in an underground tank in
Section 16 for approximately 4 years. He advised that Misimer &
Associates has been retained to do the clean up work.
· ~ At this time, Deputy Clerk Fernlay replaced
Mr. Rankin cross examined Mr. Straw at this time.
Mr. Straw indicated that technologies and techniques in blasting
have improved since 1988 whereby the same results with less blasting
Page 42
May 24, 1994
can be accomplished.
In response to Commissioner Constantine, Mr. Strew explained that
nothing will be felt approximately 10,000 feet from the blasting site.
Mr. Rankin cross examined Mr. Martin at this time.
Mr. Rankin cross examined Dr. Tanner at this time.
Mr. Franchino cross examined Mr. Carrol! at this time.
Mr. Rankin cross examined Mr. Carroll at this time.
Mr. Rankin explained that the Johnson vs Davis case in 1989
widely affected the real estate bus~ness by requiring disclosure of
any mater~al fact relating to the sale of residentia! property to the
prospective purchaser or the purchaser could have an action against
the seller and realtor.
$** Recess: 6:30 PM - Reconvened:
Mr. Franchino introduced Paul Ho¥, Appraiser, and Gordon Skrede,
Engineer, as expert witnesses.
Commissioner Saunders loved, seconded by Commissioner Norris and
carried 4/0, that Paul Hoy be accepted as an expert witness in real
property appraisals.
Paul Ho¥ of Criteria Appraisal Service stated that a number of
property owners retained his services to render an opinion as to
whether the Section 20 proposed quarry wtZ! affect the values of the
property in the surrounding area. He expZatned that research of the
public records indicate that the assessed values of Units
had been eZlghtZ¥ lowered with Unit l! being approximately ten percent
(lO~) higher in value than Unit 12 which is closer to the existing
pit.
~r. Ho¥ s~ated that fair ~arket vaZue is defined as the ~ost pro-
babes price which a property should bring in a competitive and open
market under el! conditions requisite to a fair sale and the buyer and
seller each acting prudently, knowledgeably and assuming the price is
not affected by undue stimulus.
~r. Ho¥ pointed out that either the purchasers knew nothing about
the quarry when they boug~ their ho~e/propert¥ or knew about the
Page 43
May 24, 1994
quarry but were under the Impression that the quarry would cease to
exist in a short time. He indicated that the property owners In the
area would not have purchased property had they known that the opera-
tton was going to expand.
Nr. Hoy stated that a great deal of structural damage was evident
upon Inspection of homes in the area and he is of the opinion that the
vibration from blasting is the cause.
Mr. Hoy indicated that an Individual was turned down on a
construction/acquisition loan In Unit 12 because the financial insti-
tute discovered the proximity of the property to the quarry. He
pointed out that the lending officer was contacted and confirmed same.
Mr. Hoy stated that the secondary loan market, which dictates
whether a loan is extended by most banks, requires that the appraiser
note in the appraisal report any adverse conditions observed during
the inspection of the subject property or information that he/she
becomes aware of through normal research Involved in performing an
appraisal. He pointed out that in rare situations a particular
environmental hazard may have a significant affect on the value of the
subject property although the actual impact ts not measurable because
the hazard is so serious or so recently discovered that an appraiser
cannot arrive at a reliable estimate of market value because there Is
no comparable market data such as sales, contract sales or active
listings available to reflect the impact of the hazard.
Mr. Hoy stated that in the case of Johnson va. Dav~s, the Florida
Supreme Court in February, 1994, found that when a seller knows facts
naturally affecting the value of the property which are not readily
observable and not known to the buyer, the seller ~s under a duty to
disclose them to the buyer and this duty is equally applicable to all
forms of real property, new and used.
Mr. Hoy pointed out that if loans cannot be legally made under
the disclosure re~ulation, then the damage to the property is not
measurable.
In response to Commissioner Volpe, Mr. Hoy stated that the truck
0C0 , 3'83
Page 44
and exceeds the speed limit in a residential neighborhood.
Mr. Ho¥ informed the Board that the requirement to report any
facts affecting the value of property to prospective buyers pertains
to anything in the area not Just the property being considered.
In response to Commissioner Constantine, Mr. Roy indicated that
the location of the proposed Section 20 site is likely to impact a
potential buyers' interest.
Mr. Vernadoe objected to Gordon Skrede being considered as an
expert witness.
Gordon Skrede stated that he has 30 years of civil engineering
experience of which 15 years have been in the geotechnical field.
Mr. Skrede explained that he was present at the demonstration
test blast and residents on 5th Street and 3rd Street Indicated that
cracks, which occurred from a few months to a couple years after occu-
pancy, existed in a number of homes. He pointed out that settlement
cracks should have occurred by the time of construction completion.
Mr. Skrede stated that homes are built in the Estates on one and
one half to two feet (! 1/2'-2') of fill which is compacted to
95 percent of density as evidenced by laboratory testing. He indi-
cated that unless there is an outside force, the building should be
stable when the last truck departs the construction site.
Mr. Skrede pointed out that boring tests indicated that there is
six to eight feet {6'-8') of loose sand, then very hard rock with a
home sitting atop creating a sandwich with soft sand between. He
stated that repeated blasting vibrations cause sound waves to enter
the rock and the sand begthe to denairy or consolidate, thereby con-
ducting vibration better from loss of volume. Mr. Skrede stated that
voids are created beneath the fill and differential settlement occurs.
In response to Commissioner Volpe, Mr. $krede informed that he
has had blasting experience in Saudi Arabia but not in the United
States and does not profess to being a blasting expert.
Com~Aeetoner Saunders ~oved to accept Mr. Skrede u an expert An
Joan Hickey
Jane Heupe!
Mike Bianca
~chel Landry
George Keller
May 24, 1994
civil engineering with some know/edge of the affect of passage of
sound waves through ~ateriala.
In response to Commissioner Volpe, Mr. Skrede indicated that
minor was in civil engineering and noted that he holds a degree in
agriculture.
Co~miaa~ner Saunders withdr~w his motion.
Tape ~7
The followln~ people spoke on this item:
David Tomlin
T~m Sells
$uay ~entges
~ames Kerekes
Judy Hentges introduced a letter from Mr. and Mrs. Beauvale into
the record.
· ,o Deput'~ Clerk Hoffmaui replaced Deputy Clerk Fernlay
Attorney nankin stated that he believes the staff report constitu-
tes ex parts contact by the petitioner. He read excerpts from a
transcript of the May 5, 1994 Collier County Planning CommAaeion
meeting.
Mr. Rankin alleged that the Board received a letter involving a
threat of personal liability a~alnst each CommAssAcher by the peti-
tioner. He indicated that this would have a si~tf~cant lmpact on the
Board's ability to make a decision on the subject issue.
County Attorney Cuyler advised for the record, tha~ the letter was
addressed ~o him and not the Board of County Commlssionere.
Mr. Rank~n cited various Supreme Court cases. ~e remarked that
the current ~arry constitutes a public and a private nuisance.
indicated that the residential area was there first, however, there
was no one around at the time to object. He revealed that the Board
of County Commissioners has power over nuisances.
Mr. Rank~n s~ated that ~he k~nd of use the petitioner As
re~estln~ is the most Intensive use that As contemplatehie An this
area. He noted that the Board has the ability to determine how InTen-
sive a use that ~s comparable with the ~rowth Mana~emen~ Act will be.
Page 46
Nay 24, 1994
In terms of the impact on roads, Attorney Rankin pointed out that
one truck is equal to 25 - 1,000 cars.
Mr. Rankin stated that the mitigation circumstances do not do
away with the problem, they merely make it less worse. He cited con-
cerns of glare, odor, noise, sand, and diesel oil and other pollutants
that can get into the water.
Mr. RankIn re~ated that this is the fastest growing area in the
County and there are many restrictions due to the red cocksdad wood-
pecker.
Other persons speaking to this petition were:
Vl~ma Cirinctone Jim Colerrs
Mary Almaral Michael Pierre
Dorothy Baker Lester Trent
Joan Cole George Flagler
Nettie Phillips Henry Schretlem
ess Recess 9:30 P.M. - Reconvened 9:40 P.M. see
Tape ~8
Attorney Varnadoe cross examined Mr. Ho¥ at this tame.
· e, At this time. Deput~ Clerk Fernlay replaced
Deputy Clerk Hoffman .0,
Mr. Varnadoe cross examined Mr. Skrede at this time.
Mr. Franchino pointed out that an expert ks defined as a person
having specialized knowledge based on education, experience, training
and ability at decision making.
Commissioner Saunders moved and seconded by Coalseisner Norris
to not accept Mr. Skrede as an expert witness. Upon call for the
question, the motion failed 2/2 (ConAssAoner Constantine and
Cowriestoner Volpe opposed).
Colmteetoner Constantine ~oved, seconded by Colliestoner Saunders
~n~ c~-~led 4/0, that Mr. Skrede be accepted as an expert in the
ftsl~ of construction and engineering.
Mr. Franchino stated that the Estates and Agricultural DistrActs
are not one in the same but serve very different purposes. He indi-
cated that a conditional use is not a pre-approved use but As a use
that would not be appropriate generally or without restriction
,oo 0C0 , 388
Page 47
May 24, 1994
throughout a zoning dtstrtct but which if controlled as to number,
area, location or relation to neighborhood would promote health,
safety, welfare, etc.
Mr. Franchtno stated that a mining operation with blasting in the
proposed location does not promote but harms the health, safety,
welfare, comfort and appearance of the neighboring properties. He
pointed out that access to Section 20 is v~a a five (5) acre tract of
Estates zoned land wherein the Code Section 2.6.6 states that no lot
reeidentially zoned shall be used for access to any land which is non-
restdentially zoned except for access existing on the effective date
of Ordinance 82-2. Mr. Franchino indicated that the conditional use
will have a detrimental affect on the property values In the neigh-
borhood and blasting operations are not compatible with residential
property.
Hr. Franchino stated that based on expert witness testimony and
the testimony of residents in the area, t~:~ conditional use will be
harmful to the community and requests den~al of this request.
Mr. Reynolds stated that the berm will be constructed in 30 to 60
days and will assure that noise is at acceptable levels. He Indicated
that the landscape materials will exceed Code requirements and irriga-
tion will be available to the berm which runs approximately two
Mr. Reynolds quoted from the Growth Management Plan Land Use
Element that caution is necessary when using the land use land cover
Inventory as the inventory is generalized and does not always reflect
exact boundaries or acreages. He continued that the inventory is not
appropriate for use on a small area basis or for specific land use
decisions.
Zn response to Commissioner Volpe, Mr. Reynolds explained that
barbed wire is allowed with the fencing which will be four feet (4')
with two feet (2') of barbed wire atop to discourage climbing over the
fence.
Zn response to Commissioner Volps, Nr. Reynolds Indicated that
Page 48
May 24, 1994
security will continue in Section I6 and will be provided in
Section 20.
Mr. Rankin cross examined Mr. Reynolds at this time.
Mr. Carroll stated that the Johnson rs. Davis case applied to the
defective property being sold not off-site influences and there is no
market evidence that the quarry has had a detrimental affect on the
surrounding properties.
In response to Commissioner Constantine, Mr. Carroll indicated
that a realtor has an ethical responsibility to notify prospective
buyers when surrounding properties may have a detrimental affect on
marketability.
Mr. Rankin cross examined Mr. Oarroll at thts time.
Mr. Straw Indicated that blasting lasts a brief period of time,
approximately 1.5 to 1.7 seconds, with brief impacts which are not
capable of creating settlements of sand. He stated that new tech-
nology employed by the independent explosives contractor utilized by
APAC has decreased the time periods of blasting on a yearly basis.
Commissioner Constantine questioned how many blasts will occur
during the four (4) hour period, twice a month blasting schedule?
Mr. Straw Indicated that three to four (3-4) blasts will occur tn
a four (4) hour period while blasting is occurring closest to residen-
ces but decreases the farther away the residences become because a
larger number of holes can be detonated,
Mr. Rankin cross examined Mr. Straw at this time.
Mr. Varnadoe pointed out that APAC has met the four (4) criteria
for conditional use and objections of a large number of residents in
the affected neighborhood are not a sound basis for denial of con-
ditional use, as the quasi-~udicial function must be exercised on the
basis of facts produced. He Indicated that APAC heard ob~ections to
the operation on Section 16 and has addressed the concerns raised in
the proposed plans for Section 20. Mr. Varnadoe stated that APAC will
voluntarily subject the operation on Section 16 to the same blasting
management plan proposed for Section 20 and limit the hours of opera-
Page 49
May 24, 1994
tton of the excavation and crushing facility to the same hours as
Section 10, i.e. ?:00 A.M. to 7:00 P.M., Monday through Friday. He
indicated that fencing will be constructed around Section 16 where
none exists similar to that proposed for Section 20 and enhance the
berm around Section 16 to address the noise issue.
Mr. Varnadoe expressed that the truck traffic hauling aggregate
will be limited to the number of trips in 1989 which was a historical
high but APAC would like to apply a road factor as established by
Collier County.
Mr. Varnadoe indicated that the compromises are offered because
APAC has an obligation to respond to the objections of the citizens
regarding Section 16 even though the conditional use applicat~on is
for Section 20.
In response to Commissioner Volpe, Mr. Varnadoe replied that the
truck trips in I989 were approximately l0 to 12 percent higher than
present day count.
Commissioner Volpe questioned what enforcement mechanisms are
available if APAC does not adhere to the conditions of the agreement?
Mr. Varnadoe stated that the trip limits are on an annual basis
and the number of blasts are reported on a monthly basis. He pointed
out that APAC has the most to lose by not adhering to the conditions
of the agreement.
In response to Commissioner Volpe, Mr. Varnadoe replied that the
property will only be utilized for the operations covered by the
conditional use.
Mr. Varnadoe stated that lighting will not be required on-site
because the equipment used has lights and no buildings will be
constructed on Section 20.
Mr. Rankin explained that APAC is not offering any reduction in
truck traffic by utilizing 1989 figures because the count is a
historical high and the County does not have blasting experts to
monitor the operation.
Commissioner Constantine closed the public hearing.
Page 50
May 24, 1994
Commissioner Saunders questioned if APAC will be receptive to a
300 foot rather than a 150 foot separation from the closest adjoining
property?
Mr. Varna~oe indicated that APAC will not agree to the separation
but will not attempt to overturn the decision of the Board should the
Board elect to Impose that stipulation and the petition Is approved.
Commissioner Norris pointed out that truck traffic will double If
the aggregate must be hauled In for processing.
In response to Commissioner Volpe, Mr. Varnadoe explained that
APAC Is willing to apply the same restrictions, I.e., hours of opera-
tion and excavation, on Section 16 as proposed for Section 20. He
stated that quarry operations will not be conducted on Section 16 and
Section 20 simultaneously.
Transportation Services Administrator Archibald informed the
Board that the Land Development Code provides for an annual monitoring
program establishing the amount of yardage removed which is the level
of control that the Board can exercise.
Commissioner Saunders indicated that the issues are the
blasting affects and related Impacts and the distance from the
blasting activities to the nearest properties. He questioned tf APAC
Is willing to limit the number of actual blasts to a total of 45 sets
per year?
Mr. Varnadoe Indicated that tn the first couple of years, more
blasts are necessary when blasting close to residences because light
blasting is utilized but as the blasting moves away, stronger blasting
is utilized thereby reducing the amount of blasts necessary. He
pointed out that APAC has committed to no more than four (4) blasts
two (2) days per month.
Tape #4
In response to Commissioner Constantine, Mr. Arnold stated that
Estate and Agricultural Zoning referred to in the Land Development
Code are two (2) different uses and that "District" Is not defined In
the Land Development Code.
Page 51
Nay 24, 1994
Co~missioner Constantine qvesttoned if the Land Development Cods
and Staff recommend that the Board not consider the fact that Estate
zoning abuts the sub~ect property as an issue?
Mr. Arnold responded that adjacent properties can be taken into
consideration.
Mr. Arnold stated that an interpretation was issued on
October 21, 1993 to Mr. Varnadoe by Staff as to whether access to
Section 20 could occur across Estates zoned property. He explained
that Section 2.1.14.1 was referenced which states that where the
phrase agricultural district Is utilized, which also includes Estates
and other rural zoning, the zoning is considered to bs agricultural.
Hs indicated that Section 2.6.6 was also referenced which states that
access to commercial properties shall not be through
zoned properties but the interpretation po~nted out that since the
subject property ts not residential in nature, the access ts not
through resident/ally zoned property.
County Attorney Cu¥1er clarified that the conflict of interest
with Comm~ssioner Matthews was the result of an accounting client near
the APAC facility making allegations regarding the impact on his
property.
Commissioner Saunders stated that a risk exists to the property
owners in the vicinity of the proposed facility so severe restrictions
should be imposed if the petition is approved. He explained that if
the petition is denied and APAC should appeal the decision and is suc-
cessful, the cond~tional use could be granted without the benefit of
the restrictions imposed by the Board of County Commissioners.
CommiSsioner Vo~pe moved to approve Pstition CU-94-2, ~ubJsct to
all condition~ contained in the agreement plus buffering to be
300 feet fro~ the adjoining estatsm area~ petitioner not to conduct
· ny other t-~pe of business on the ~ubJact site except the quarry
operation; quarry operations not to be conducted mt~ultanaou~ly
Section 15 ud Section 20; truck traffic on 5th Street S.#. to be
limited to no more than oper&tiona that occurred in 1993 with no
Nay 24, 1994
~rowth factor applied and petitioner required to submit log of nmaber
of tripe per days betming to occur siuultaneouel¥ with the co--an-
cement oT operation and all requireaente of the Land Develolment Code
relativ~ to opaqueness and maintenance to be complied with~ the
blasting plan as modified during this public hearing, as wel! ae all
other stipulations, to be applied to Section 16 and Section 20~
berling and buffering to be ~upplied where liesing in Section 16~ and
that blasting occur only four (4} times per day within 750 feet of any
residence or 500 feet from the set hack and thereafter the etandarde
as presented in the Blasting Plan to prevail.
Mr. Varnadoe indicated the APAC cannot agree to the restriction
of the 1993 traffic count because It prohibits the amount of sales
conducted. He pointed out that APAC agreed to limit the excavation
operations and the crushing plant on Section 16 to the same hours as
proposed for Section 20 but on Saturday there will be sales and pick-
ups from customers occurring.
Mr. Volpe suggested that an average of truck trips between 1989
and 1993 be established.
Mr. Varnadoe stated that a growth factor must be built In so that
APAC can grow with Collier County.
Commissioner Volpe --ended his lotion to include that the truck
trlp~ bettesen 1989 and 1993 be averaged to establish amber of
allowable truck tripe on 5th Street S.W. with the actual growth factor
u astabltshed by the County to be applied annually to a11o~ an
Increase in truck trips as Collier County grows. Commissioner Volpe
etated that the lotion is predicated on hte findings with consistency
with the four (i} criteria that must he let for granting of a con-
dittohal use. Seconded by Commissioner Saunders.
Commissioner Constantine stated that he is voting against the
motion because compelling evidence was presented to deny the petition.
He indicated that consistency with the Land Development Code is
questionable and the negative economic impact to the value of home In
the surrounding area Is real. Commissioner Constantine pointed out
OO0 , ,
Page 53
Nay 24, 1994
that truck traffic will increase by homefronts, a school, a proposed
park and a proposed library. He explained that approval of the pro-
Ject is not in the best interest of health, safety and welfare of the
community and there has been three (3) accidents in five (5) years
with at least one (1) fatality. He indicated that the Golden Gate
Estates is one of the fastest growing areas in the County and this
operation is clearly in conflict with the growth of the area.
Upon call for the question, the lotion failed 3/1 (Commissioner
Constantine opposed and Commissioner Matthews abstained}.
Commissioner Saunders moved, seconded by Commissioner Volpe and
carried 4/0 (Commissioner Matthews abstained), that Petition CU-94-2
be denied.
Pa~e 54
Nay 24, 1994
EXCAVATION PERMIT NO. 59.499, APAC SECTION 20 EARTHMINING, GENERALLY
BOUNDED ON THE NORTH AND WEST BY PROPERTY ZONED ESTATES, ON THE SOUTH
BY PROPERTY ZONED AGRICULTURE, AND ON THE EAST BY LAND ZONED
A~ICULTUR~ AND PLANNED UNIT DEVELOPMENT - NO ACTION TAKEN
This item heard in conJunctLon with Item #13A5. No action taken.
Page 55
Nay 24, ~994
It~a #:3&S - Continued to June ?, ~g9¢ Neeting
Item ,15A - Continued
ess Commissioner Volpe moved, seconded by Commissioner Watthews and
c&rrled unanimously, that the following tteme under the consent agende
be approved and/or adopted:
Item #16A1
ACCEPTANCE OF WATER FACILITIES FOR GOODLAND MARINA - WITH STIPULATIONS
AS DETAILED IN THE EXECUTIVE SUMMARY
NOTE: DOCUHENTS NOT RECEIVED IN CLERK TO BOARD OFFICE AS OF 8/17/94
Item ~16A2
ACCEPTANCE OF WATER FACILITIES FOR ST. MONICAfS EPISCOPAL CHURCH,
PHASES 1 & 3 - WITH STIPULATIONS AS DETAILED IN THE EXECUTIVE SUMMARY
.~0T~: DOCUHENTS NOT RECEIVED IN CLERK TO BOARD OFFICE AS OF 8/17/94
Item #~6A3
FINAL FLAT 0F "PHASE FIVE QUEENS PARK AT LAGO VERDE" AND EXECUTION OF
CONSTRUCTION AND MAINTENANCE AGREEMENT - WITH STIPULATIONS AS DETAILED
IN THE EXECUTIVE SUMMARY
FINAL PLAT OF "QUAIL WEST UNIT ONE, NEPLAT BLOCK Ca AND EXECUTION OF
CONSTRUCTION AND MAINTENANCE AGREEMENT - WITH STIPULATIONS AS DETAILED
IN THE EXECUTIVE SUMMARY
Item #16C1
CHANGE ORDER FOR THE INSTALLATION OF ATHLETIC FIELD, PARKING AND ~
AREA LIGHTING FOR THE VINEYARDS COMMUNITY PARK - IN THE AMOUNT OF
8177,000
~0TE: DOCOMENT SOT aECEIVED IR CLERK TO EOARD OFFICE AS OF 8/17/9&
Item #16D1
DEFERRALS FOR 1993 ASSESSMENT CHARGES THROUGH TH~ HARDSHIP ASSISTANCE
PROGRAM AND STAFF TOMAXE PAYMENTS TO THE TAX COLLECTOR IN THE
PROPERTY OWNERS BEHALF R~ACCOUNT #3?5?06AND#329956
Item 916D2
P~SOLUTION 94-3S0/GW-94-3/MWS-9&-4 AUTHORIZING ANNUAL PA~4ERTS FOR
SPECIAL MATER ASSESSMENT BY MARITIME VENTURE I, INC. FOR THE GOODLAND
MARINA PROI~L~tTY AND AMENDMENT TO THE WATER UTILITY SERVICE AGREEMENT
FOR TH~GOODLANDMARINA
Item ~16E1
R~SOLUTION 94-361, REINSTATING THE PAY TITLE OF ASSISTANT RECYCLING
COORDINATOR
Page 56
Item
See Pages ~c~ --
Hay 24, 1994
BUDGET ~ RECOGNIZING ADDITIONAL ESTIMATED REVENUES AND
EXI~&NSES IN THE FLEET MANAGEmeNT FUND (521) - IN THE AMOUNT OF
$150,000
BID #94-2202 FOR TH~ TRANSPORTATION OFMATERIAL FOR TH~ ARTIFICIAL
REEF OFFSHORE OF DOCTORS PASS - AWARDED TO ENVIRONMENTAL DESIGN &
D~ELOPMENT, INC. AT 833.65/TON AND A FIGURE NOT TO EXCEED $25,000
Item ,16G2 Continued to 6/7/94
Item ,1603
FORMAL BID PROCESS WAIVED; VARIOUS VENDORS AUTHORIZED FOR ADVERTISING
RECYCLING AND MANDATORY PROGRAMS FOR FY 1993/94= AND SOLE SOURCE
VENDOR AUTHORIZED FOR COMMERCIAL ADVERTISING CAMPAIGN
Item ,16H! Moved to Item ,8H3
Item ,16H2 Moved to Item ,8E4
Item ,16H3
TRANSFER OF FUNDS WITHIN THE AIRPORT AUTHORITY BUDGET TO COMPLETE
DESIGN OF IMMOEALEE PHASE ONE ~TRANCE ROAD AND SUBDIVISION
Item ,16H~ Moved to Item ,8R5
Item,16E6 Delated
COFTIULCT FOR ODOR CORTROL PI~OT TKST AT ~ COLLIKR COO]FFYREGIORAL
#&TKRTRK&TML'HT PLA,R~ OR CR-951 - A~ARDED TO DELOACH IHD~STRIKS, IRe,
Item
REIMBURSABLE UTILITY RELOCATION COST TO FLORIDA POWER AND LIGHT
COMPANY IN THE AMOUNT OF ~196,766.15 AND EXECUTION OF FACILITIES
RELOCATION AGI~EEMENT RELATING TO 00LDEN OATS PARKWAY SIX LAMINa
IMPROVEMENTS, CIE NO. 05
Item
PROFESSIONAL SEEVICES AGREEMENT WITH COASTAL ENGINESRIMe CONSULTANTS,
INC. TO PROVIDE PROFESSIONAL ENGINEERING SERVICES RELATINO TO TH~
BEACH RESTORATION AND MANAGEMENT PLAN - IN THE AMOUNT OF $759,590
See Pages
Page 57
i~SCKLT. JU~OU~ CORI~SPORDKNCE - F/LEDARD/ORI~F~RP~D
24, 1994
The following miscellaneous correspondence was f/led and or
referred as presented by the Board of County Commissioners.
PaGe 58
Nay 24, 1994
C~]t~I~C&Tg$ OF CORR~CTIOR TO TEE TAX ROLLS AS PRESERTEDBYTI]~
PROPgRT~&PP~IkISER'S O~PICE
N__o. Dated
266 5-11-94
1989
312 5-19-94
1993
184 4-08-94
188/189 5-19 & 5-20-94
1992
TANGIBLE PERSONAL PROPERTY
N__o. Dated
164 5-04-94
1993
TANGIBLE PERSONAL PRnPERTY
152/153 5-04-94
158/159 5-17 & 5-19-94
Item #1632
$ATZSF&CTION~ OF LIEN FOR SERVICES OF TH~ PUBLIC DEFENDER
Item #16K1
CARRY FORWARD FRON FISCAL YEAR 1993 IN FUND 244
Itel #16K2
BUDGET &HERDN~qT~ TO R~COGNIZE FISCAL YEAR 1992/93 CARRY ]~)RWARD IN ~
ANOUNT OF 85,037.64 IN THE S~RIlrEt$ GRANT lr0ND (115) ;
AOTRORIZATIOR TO SPENT) PRO3ECT GENERATgD INCON~ AND ~ GRAN~ BUDGET
See Pages
BUDGET AMENDMENT TO RECOGNIZE FISCAL YEAR 1992/93 AUDITED CARRY
FORWARD IN TH~ AMOUNT OF $96,648 IN THE CONFISCATED TRUST FUND (602)
Itel ~16K4
BUDGET &N~NDI~E]IT TO RECOGNIZE FISCAL YF.t.R 1992/93 AUDXTRD CARRY
FORWARD IN /HE A~OUNT OF ~5,289 IN ~ ~W ~ORC~ ~UST ~
Ite.#lSE$
Page 59
May 24, 2094
.... / BUDGIT~ TO RE¢O(3NZZE FiSCAL YEAR 1002/03 AUDITED
· CARK'Y~, RKDUCZ~G RESERVES BY $4,s0g, ZN FUND ~gg
RESOLUTION 94-362, SATISFACTION OF LIEN FOR ACCOUNT NO. 28309 THAT HAS
B~ PAID IN FULL THE 1992 SOLID WASTE COLLECTION AND DISPOSAL
S~IC~S SF~CIAL ASSESSMENT
See Pages
Item #16L2
H~SOLUTION 94-363, REQUESTING THE STATE OF FLORIDA, DEPARTMENT OF
RKVKBUI, TO CANCEL THE TAX LIEN CERTIFICATES HELD BY COLLIKR COUNTY ON
PROPERTIES OWNED BY THE STATE OF FLORIDA FOR ROADWAY PURPOSE AND FOR
T~K KIFVIROJIMKNTAL AND GAME PRESERVE
Zte~d/6~3
RESOLUTION 94-364, AUTHORIZING ~XPKNDITURES FOR STRATEGIC PLANNING
~0KKSHOPS AS A VALID PUBLIC IKTRF~SE
There being no further business for the Good of the County, the
meeting was adjourned by Order of the Chair - Time: 11:45 P.M.
BOARD OF COU~Y CO~ISSIONERS
BOARD OF ZONING APPEALS/~
OFFICIO GOVERNING BOARD(S) OF
SPECIAL
,s')'approved by the Board on
~' ?~,. as preaefite~ /~ or as corrected
Page 60