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BCC Minutes 04/23/1991 RNaples, Florida, April 23, 1991 LET IT BE REMEMBERED, that the Board of County Commissioners and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 A.M. in R~aULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the · .i'i./:..fOliOwing members present: CHAIRMAN: VICE-CHAIRMAN: Patricia Anne Goodnight Michael J. Volpe Richard S. Shanahan Max A. Hasse, Jr. Burr L. Saunders ALSO PRESENT: James C. Oiles, Clerk; John Yonkosky, ~lnance Director; Annette Guevin, Debby Farris and Wanda Arrighi, Deputy Clerks; Nell Dotrill, County Manager; Ron MoLemore, Assistant County Manager; Tom Olliff, Assistant to the County Manager; Ken Cuyler, County Attorney; Marjorie Student and Mark Lawson, Assistant County Attorneys; George Archibald, Transportation Services Administrator; Frank Brutt, Community Development Administrator; Mike Arnold, Utilities Administrator; Tom Whitecotton, Human Resources Director; Russell Shreeve, Housing and Urban Improvement Director; John MadaJewski, Project Review Services Manager; Ken Baginskt, Planning Services Manager; Ron N/no, Sam Saadeh, Michelle Edwards, Chahran ~!" ' Badamtchtan and Bob Mulhere, Planners; Russ Muller Engineering Technician; Sue Filson, Administrative Assistant to the Board; and Sargeant James Waller, Shertff's Office. Page April 23~ ~991 Oo~taeloner Volpe move5, eaconded by Commiesloner Haeee and that the agenda be approved with the following Item #SA - Presentation by the Disabled American Veterans - Added and Continued. (Requested by Commissioner Hasse.) 2, Item #16B2 - Recommendation to purchase additional eucalyptus mulch for landscape maintenance activities during FY g0-9! from Aaction Nursery Products (reference renewal of Bid No. 88-~333) - Moved to Item #9B3. (Requested by Staff.) 3. Item #16H2 - Recommendation that the County Commission authorize the Chairman to execute the attached agreement bet- ween the Foundation for a Drug Free Generation ("The Foundation") and Collier County for drug and substance abuse prevention education - Moved to Item #9H6. (Requested by Staff.) 4. Item #9B2 - Recommendation to accept completed.construction of Airport-Pulling Road (Radio Road to Golden Gate Parkway) and release final payment to Better Roads, Inc. - Continued to 4/30/91. (Requested by Staff.) 5. Item #16D3 - Water Contract for Construction of Pine Ridge Road Water Facilities Improvements - Bid #91-1674 - Withdrawn. (Requested by Staff.) 8. Item #9H2 - Emergency ordinances amending Collier County Impact Fee Ordinances updating applicable rents and sale pri- ces for affordable housing - Deleted. (Requested by County Attorney.) ?. Item #?B1 - Petition PU-90-33, Michael Arnold of Collier County Utilities Division, representing Collier County Board of County Commissioners, requesting Provisional Use "b" of Sec. 8.10, Essential Services, to allow construction of a water treatment plant for property located on the north side of 8th Avenue N.W. approximately 3,000 feet east of the C.R. 95! and Vanderbilt Beach Road intersection in Sec. 35, T48S, R26E, consisting of 20.3 acres. This property is currently zoned A-2 - To be heard at 4:00 P.M. (Requested by Staff.) Xte~SA ¢O~ AG~gDA - APPROVHD AND/Oa ADOPTED County Attorney Cuyler noted that the Executive Summary for Item #16C! under the Consent Agenda refers to a contract to be presented to the Chairman for signature on behalf of the Board. He stated the contract will, in fact, be brought back to the entire Board for appro- ;' val. T~e~tAon for approval of the Coneant Agenda is noted under Item Page 2 t Apri~ 23, 1991 ~rhe ~otion for approvmZ of the CZerk*m Report Am noted under Ztmm i/)~1UI~ O, ~ It~GUL&R N~Z?XNG O, ~CH 5, 1991 - ~PRO~D AS P-~a~/mmlonmr Shm~mh~n moved, macondad by Commlmmtoner Saunders mnd c~'~'Aedm~ntmou~Zy, that the Nlnutem of the Regular Meeting of March 6, 199X, bm mpprovmd mm presented. PI~xoM. DESIGN&TING SUNDAy, !~AY 5 1991 &S YOUTH ~IkVEN SUNDAY · DOPI~:pc ' ' - Upon reading and presenting the proclamation ~o Bob Staktch and Katie Arnold, Comm/ms/onmr Shanaban moved, seconded by Com~temionmr ilmmmmmml cmx'=lmdunmnAmouml¥, to adopt the proclmmmtlon designating S~mdmF, M~F 5, 1991, u Youth Haven Sunday. P&g~ 3 AprL! 23, 1991 Commissioner Saunders congratulated the followLng Collier County employee and presented his service award: Richard M. D'Orazto, EMS - 5 years ~ ~lWa ~ ~CH OF DI~$ W~ ~ICA Tom ~tecotton, Human Resources Director and 1991 Walk America Te~ Captain, reported the April lSth walk was very successful and ra~sed $10,S83 for the March of Dimes. He noted there were 205 walkers on the County team which placed the County first in two cate- ~ories. Me presented the Board with the Walk America trophy, thanked them for their support and thanked the team for a ~ob well done. J~ S. ~ ~ OL~ W. ~SSELL ~CO~NI~D AS COLLIER CO~ ~SX~ ~N~ ~OM MILIT~ SERVICE IN Commissioner Goodnight introduced James Sage and Oliver Fussell, thanking them for service to their country. ,~'~~ RHSOLUTIORS 91-18, 91-19,&ND 91-20 - ADOPTED Legal notice having been published in the Naples Daily News on April 17, 1991, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider resolutions approving amendments to the Fiscal Year 1990-91 Adopted Budget. Finance Director Yonkosky explained this item is a Statutory required, quarterly, advertised public hearing to recognize amendments to the FY 91 adopted budget. He requested that the Board of County Commissioners adopt the resolutions and the related amendments. C4Mmmtmelonmr ShanahEn moved, seconded ~ Commissioner Hume and cmrrtmdnnanimouml¥, to close the public hearing. C~lelmUtmmAonm~ Sl~l~mhan move, mecondmd by' Commtss/oner Hume and ~.~*~lmd.m~mnimo~ml¥, thmt Budget Amendment Resolutlona 9Z-18, 91-19 mnd mx-20 b~ mdopt~. 12 ~**~. · Page 4 Itlll e6C2 April 23~ 1991 R~OLUTION 91-334 R~ PETITION SMP-90-39, DWIGHT NADEAU OF WILLIAM C. MCANLY & ASSOCIATES, INC., R~PRESENTING JOHN N. BRUGGER, TRUSTEE, R~QUESTING SUBDIVISION MASTER PLAN APPROVAL FOR WILSHIRE LAKES FOR PROPERTY LOCATED ON THE NORTH SIDE OF VANDERBILT BEACH ROAD, WEST AND ADJACENT TO THE 1-75 RIGHT-OF-WAY - ADOPTED SUBJECT TO THE PETITIONER'S A~EM~NT SHEET Legal notice having been published in the Naples Daily News on April ?, 1991, as evidenced by Affidavit of Pub//cation filed with the Clerk, public hearing was opened to consider Petition SMP-90-39, filed by Dwight Nadeau of William C. McAnly& Associates, Inc., representing John N. Brugger, Trustee, requesting subdivision master plan approval for Wilshire Lakes for property located on the north side of Vanderbilt Beach Road, west and adjacent to the I-?§ right-of-way in Section 31, Township 48 South, Range 26 East, consisting of 214 acres. Planner Saadeh noted the petitioner is planning to subdivide a 214 acre parcel into 306 lots for single-family residential uses, and two parcels Intended to house 108 multi-family resident/a/ units. He stated all agencies and Staff involved have recommended approval, sub- ~ect to the stipulations listed in the Petitioner's Agreement Sheet. He reported the CCPC reviewed the petition on 3/7/91, and recommended approval by unanimous vote. He added there were no speakers in oppo- sit/on of the petition. Coll~ss~o~e~ Saunders ~oved, aeconded h~ Coatsstoner Shanahah and cl_-T~edun~n~ouJly, to close the public hearing. Cell/li~oner Shanah~n ~vad, seconded by Colmtastoner Hasae and ~lr~e~LIo~JlF, to approve Petition SMP-90-39, lub~ect to the et~plalat~nl ~n the Agreelent Sheet, thereby adopting Reaolution Page 5 April 23, 1991 It~UTION 91-S35 ~ DEVEL01~ENT ORDER 91-4 PROVIDING FOR A~ AMIIDIIIT TO ~OL~ON 91-20~ ~TAZNZNG TO D~LO~ O~ 91-3 ~R ~ ~0LL~ ~CT 22 ~ TO CO~ECT SCRI~R'S E~OR - A~D Legal notice having been published in the Naples Daily News on April ~, 1991, ae evidenced by AfTtdavit of Publication filed with ~he Clerk, public hearing was opened ~o consider a resolution providing for ~ amendmen~ to Resolution 91-207 pertaining to Development Order 91-3 for the Collier Tract 22 PUD to correc~ scrivener's error. Plier Nino explained th~s ~tem is an attempt to clarify the l~age tn the Collier Trac~ 22 development order and does not change ~te cuberance. O~e~l~ S~ ~ed, eeconded ~ Co. Isotoner Haeee ~d c~l~ ~~ly, to close the ~bl~c he~ng. ~~ ~ly, to adop~ Reeolut~on 91-335 ~d ~elop~nt Ordar 9l-t~d~ for ~ ~n~nt to Re~olution 9~-20T ~rta~n~ng to '~t O~ 91-3 for ~e Collier Tract 22 PUD to correc~ ecr~ve- Page 6 April 23, 1991 Xte~C4 It~OLUTION 91-336 R~ PETITION SMP-89-4, ROBKRT g. STACKPOLE, It~FI~NTING ROBERT ~ ~STI~ STA~OLK, ~Q~STING ~KNSION OF ~~S!ON .~ ~ ~R ~CO PI~S - ADOPTKD Legal notice havln~ been ~ubltshed in the Naples Daily News on April 7, ~99~, as evidenced by Aff~davit of Publicat~on filed with ~he Clerk, public hearln~ was opened to consider Petition SMP-89-4, filed by Rober~ E. Stackpole, representin~ Robert and Ernes~ne Stack~ole, re~eettn~ extension of the SMP for Marco Pines. Jo~ MadaJewsk~, Project Review Services Manager, explained this ~s a re~es~ to extend the SMP ~n compliance w~th provisions of the subdivision re~lations. He noted the petitioners have had problem~ obtaining State and federal permits and are requesting a ~tme exten- sion. He noted a minor change to the resolution as provided to ~he Board is the addition of an exhibit, the Petitioner's Agreemen~ Sheet. In answer to Commissioner Haese, Mr. MadaJewskl responded the petitioners are retesting a one-year extension. C~~ S~~ed, ~econded ~ Coatestoner Sanders ~d C~18~onor S~ R~ed, seconded ~ Co~LsoLoner Hasso ~d ~t~~LKly, t~ Pe~LtLon S;~-89-4 ~ appr~ed, thero~ Page ? Apr// 23~ 1991 91-337 RE P~ETTTZON NUA-91-1, FRANK PAJCZC OF ~BCAP INT~O~T~D OF N~LKS, ~KSK~ZNG ~. ~ ~S. ~ST~Q ~TZONS T0 A NON-C0~0~/NG SZNGLK-F~ZLY H~, ~ ~CING ~ ~ISTING STO~GE SHED ~ ~P~ING ~ O~T ON ~OP~ LOOA~D AT ~22~ B~D ~E D~I~, LOT ~, INC.~ ~CO IS~ -.~O~ED Legal notice having been published in the Naples Daily News on April ?, 1991, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition NUA-91-1, filed by Frank PaJctc of Abcap Industries Incorporated of Naples, repre- senting Mr. and Mrs. Charles 3essee, requesting alterations to a non- conforming single-family mobile home located at 1219 Bald Eagle Drive, Marco Island. Planner Badamtchtan explained neither the replacement of the shed or the e~anston of the carport will further encroach on the minimum yard eatbacks. He said the petition meets the crtterla for approval of a non-conforming use alteration (NUA). He noted the CCPC held its public hearing on 4/4/91, and forwarded Petition NUA-91-1 to the Board of County Commissioners with a recommendation of unanimous approval, subject to staff stipulations. moved, seconded by Coamlsstoner Shanmhan and c~'Tted ~an~aou~l¥, to cloae the public hearing. Saunders moved, secon4ad by Commissioner Shanahan and c~ra'~edun~n~ly, that Petition NUA-91-! be approved, eubJact to 00o ,. 38 Page 8 April 23° 1991 l~'TlT~O~ ~UC-9I-1, H~L~N HINTON W~BB, R~QUKSTINO THE ~OE OF O~ ON ~ ~A~ AT 207 N. 5~ S~T, I~O~E~ - CO~I~D TO 4/so/ Legal notice having been published in the Naples Daily News on April ?, 1991, as evidenced by Affidavit of Publication filed with the Clerk,. public hearing was opened to consider Petition NUC-91-1, filed by Helen Hinton Webb, requesting the change of one non-conforming use to another non-conforming use of the same character on property located at 107 N. 5th Street, Immokalee. Planner Badamtchian presented Petition NUC-91-1, a request to change from one non-conforming use, a medical office, to another non- conforming use, a beauty parlor/barber shop. He noted the site is located in the Immokalee Business District within which both former and proposed uses are permitted, are of the same character and repre- sent a similar intensity of use on the site. He concluded Staff recommends approval of Petit/on NUC-91-1. Commissioner Volpe commented the petitioner, in her letter to the Board dated 3/6/91, listed several types of businesses which she may want to consider for rental. Planner Badamtchian indicated zoning requirements allow a change from.one non-conforming use to another, not to a series of changes. He added the other types of business are not of similar character, which is also a requirement. Com~issioner Goodnight communicated when the Immokalee Master Plan zoning has been completed, the petitioner will be allowed to use the property for a number of other commercial operations. Pla~ner Badamtchian concurred, adding the re-zoning will take place within six months. Miss Helen Webb stated she is concerned that each time she tries to rent the property, she will need to apply to the Board and pay the $150 application fee. She noted a federal project has indicated interest in renting the space as an office building. Page 9 ~ ?--' April 23, 1991 ., Commissioner Saunders asserted once the zoning has been changed, MIca Webb will be allowed to rent the space to a number of uses without the need to return to the Board for approval. Ken Bagtnekl, Planning Services Manager, related his Department would have no objection to the petitioner changing her request at this time to an office building if that is her current choice. Miss Webb mentioned she has not been in contact with the prospec- tive renter for the beauty shop since the beginning of February, therefore, she does not know which use to choose. ~~ S~undere loved, seconded by Commissioner Volpe and .... ¢~~~1¥, t~t Petition ~C-91-1 ~ conttn~ to 4/30/91 to :,' ~1~*'-~ ~tttt~r tt~ to c~t~ct the pros~cttvs renter. ~ SO ~ ~O~ Y~ ~~ TO 22 ~ET TO ~CLOSE ~ ~ISTING PATlq ~ ~~ LOC&~ AT 135 LE~ WAY - ~D LeGal notice havtn~ been published in the Naples Daily News on April 7, 1991, as evidenced by Affidavit of Publication flied with the Clerk, public heartn~ was opened to consider Petition V-91-3, flied by David Markovlch representing Marb~l Hallman, requesting a variance from the re~tred front yard setback at 135 Leland Way. Pl~er Bad~tchian explained Petition V-91-3 requests an eight foot var1~ce from the required 30 foot front yard setback to 22 fee~, .to enclose an existing patio for property located at 135 Leland Way, further described as San Marco Villas, N-6 In Sect/on 16, Township 52 South, Range 26 East. He noted the CCPC reviewed the petition on 4/4/91, ~d by unanimous vote recommended approval. ~~ ~ly, to close t~ ~b~tc hearing. Page 10 April 23, 1991 ~ $~Iq'V~C~ ~TAFF R,~U~STING DI~CTION R~GARDI~G TH~ ~CgSSI~ ~ ~ ~ C~Z~ CO~ CO~NSZ~ ZONING O~ZN~C~ 82-2, TO ~~ A~A~ S~ POR~ES TO ~ET ~QUZ~D ~ Y~D S~TBACK FOR ~ZP~ ~U~S - ST~ DZ~C~D TO ~UATE 10 FOOT VS, 25 FOOT Fr~k Brute, Community Development Services Administrator, tnd~- cared Staff is seeking direction from the Board of County Co~ssioners regarding the necessity to amend the Zoning Ordinance relative to the ~est~on of whether or not a porch with an impervious cover, but with open screening on three sides, is a structure or a non-structure. He explained ~n many cases in the past, a porch with a rain-proof cover and surrounded on three sides with a screen, was allowed ~nto the rear yard to within 10 feet of the back property l~ne, He sa~d the Marco Island Civic Association (MICA) believes it should not be considered as a non-structure and, therefore, the outer edge of the unit should be 25 feet from the rear property line. He stated, due to some confusion in the ordinances, Staff ls recommending the Zoning Ordinance be amended to include the words, "except as pro- v~ded ~n Section 8.2 Supplementary Dtstr~ct Re~latlons". He e~la~ned those re~lat~ons specifically state that a screened in and roofed porch can be built ~nto the rear yard and not be considered part of the ma~n structure. . L~nda Lawson, representing the Collier County Builders and Contractors Association, indicated her organization supports Staff's reco~endat~on ~o allow the current procedure to contlnue. She stated · o t~e the position MICA ~s representing would lnvolvea hardship on a large number of smaller lots. She mentioned the construction stan- dards for porches attached to homes have improved over ~he years, which results ~n roofed-in structures over screened porches that are ~ch more stable and hurricane resistant than in the past. She said the basic objection seems to be a matter of a view corridor for ad~ofning neighbors, perhaps do~ a canal area. She concluded by stating her belief that the ~ssue ~s ~he r~ght of an individual to use h~s property. Page April 23, 1991 Commis~ioner Hasse asked what Ms. Lawson's viewpoint is regarding the neighbor's right to a view? Ms. Lawson replied the question is what right did the neighbor have when he purchased that lot in terms of a view across his netghbor's lot? She asserted it may be argued that he did not necessarily purchase the right to view through the screened porch area. George Keller, President of the Collier County Civic Federation, stated any structure should be required to be behind required set- backs. A1 Smith, Chairman of the Architectural Review Committee of the Marco Is/and Civic Association, noted the ordinance requires a rear ..yard setback of 25 feet, however, it also allows 16 exceptions in the i;faccessory building section of the ordinance, as well as allowing a structure to be built on the water's edge within Section 9.5 of the ordinance. He stated his organization believes that whe;% a porch is built at the same time as the principal structure, it should be con- sidered part of that structure and be required to be within the 25 'foot setback. Commissioner Volpe commented that a property owner is allowed to build a swimming pool within 10 feet of the required setbacks. He asked if MICA objects to that allowance? Mr. Smith noted that Marco Island deed restrictions require a 15 foot setback. He said MICA has · no objection to that, asserting the impervious roof over the screened porch is the issue. Mr. Brutt noted an interesting point is the Marco Island deed restrictions. He indicated Staff is not having a problem in any other part of the County. He questioned since the deed restrictions on Marco Island are more restrictive than the rest of the County, why is it not up to the Marco Island people to enforce their own deed restrictions and covenants? Mr. Smith mentioned that what is being discussed is the Collier County ordinance, not the Marco Island deed restrictions. Mr. Bagtnski admitted that various sections of the ordinance may 50 Page 12 April 23, 1991 ~ create proble~ and a~btgutt¥, if the Supplemental Regulations are disregarded. He said Staff is suggesting that previous and current interpretations, based on the Supplementa! Regulations, are correct. He lndtcated Staff is looking for direction from the Board whether or not to remove the ambiguities or modify the ordinance to another posi- ;~i~ .~i/~' Craig Woodward disclosed that the Issue arose from a Marco Island problem with one of his clients who is building a house with a porch and a 10 foot setback. He said MICA objected to it based on their deed restrictions, however, the County agreed with his client that the structure qualified as a porch with open mesh sides, a/lowing the 10 foot setback. He voiced the opinion that if the intent of the ordi- nance is changed, problems will occur County-wide with an extreme number of non-conforming uses. He expressed that the ordinance should ~be cleaned up so that it ts very clear, but to correct a Marco Island problem with a County-wide application will be a mistake. ~t~ ~nndera ~oved, seconded by Co~lsstoner Shanahah, to ~-S~f t~ evaluate the effect of the 25 foot rs. 10 foot set- ~~ ~w~th recommendations on how to resolve the issue. Commissioner Volpe suggested that Staff is looking for confir- mation on what they have already recommended. County Attorney Cuyler advised that Mr. Bagtnskt needs to make an interpretation, propose the clean-up of the ordinance and return so the Issue does not come back to the Board in the form of an appeal. Commissioner Volpe suggested that Staff work with the ad hoc advi- sory committee on the Unified Land Development Regulations in order that the issue be resolved at the same time the Board is addressing those amendments, to which Mr. Brutt concurred. U~ =~/1 ~or the question, the ~otton carried un~nt~ousl¥. Community Development Services Admlnistra~or Brutt reported having learned of the National Flood Insurance Community Rating System Page 13 NON .... April 23, 1991 approxlmately nine months ago, at which time the county Initiated research as to how the rating was performed and proceeded to assess the needs of the community regarding same. He stated that payment by the 26,000 policyholders in the county totals approximately $8,000,000. He indicated that county participation in the system can effect a reduction of approximately $400,000 of policy cost to the l~oltc~holders. He stated that staff members with slack time available due to the reduction in building permit activity are being utilized on this project. He said there might possibly be a change in the policy Issue tn 1992, a~d voiced the possibility for a better rating class/- ftcatton into 1993. Commissioner Volpe questioned whether there is any reason the county would not wish to continue participation in the program, to which Mr. Brutt replied no. ~/~io~e~ $h~nah~n ~oved, ~econded b~ Co~mtseione~ Volpe and C~Tl~d W~at~ly, to approv~ the reco~endation, ackno~ledging and ~o~ p~tictpatton in the National Flood Insurance 1990.~qI~AU OF TH~ CENSUS POPULATION COUNTS FOR COLLIER COUNTY WITH ~ ~ FOR CO~4~NCEMENT OF R~DISTRICTING OF BCC DISTRICTS STAFF DII~CT~D TO REDRAFT DISTRICT LINES, PROVIDE FOR PUBLIC HEARINGS ~UT i]~F~Y ACTION UNTIL R~CZIPT OF NECESSARY INFORMATION, WORK WITH ~CHOOL BOAKD AND ~ur~Kv~SOR OF ELECTIONS, AND USE SUPERVISOR OF Community Development Services Administrator Brutt reported that the updated and/or adjusted figures should be available during the month of July from the Bureau of the Census. He indicated the mapping program can commence upon receipt of these figures, and will probably take ~-1~ months. He said he is not aware of how the School Board is addressing the matter of redistrtc~ing. Commissioner Goodnight commented ~hat the School Board is likewise faced with redistricting and had, in fact, instructed their attorney to research the matter. She requested that staff contact the School Board staff tn an attempt to coordinate the redistricting pro- 52 Page 14 April 23, 1991 ~, ~ ': Commissioner Saunders stated that, although it would be ~.. .~ appropriate for the County staff to collaborate with the School Board staff regarding redistricting and would, in fact, be convenient to share like boundaries, the issue of school district boundaries should ultimately be decided by the school board alone. Mary Morgan, Supervisor of Elections, requested that the Board of County Commissioners use the same geo-cells she uses when establishing their district lines, stating they are smaller, more flexible, per- mirting corrolatton of population to the voter figures, and takes into account the independent districts around the county. She also requested that, after establishment of preliminary lines, the Board schedule public hearings for community input. Saunders ~mved, seconded by Commissioner Shanahan, .: ~' :that-,~b~ directed to redraft district lines, after providing for and receiving information necessary for redistricting; that staff ~ork closely with the School Board and Supervisor of ~le~t:i~me to ~U~mL~O that everyone is working towards the objective of that the Supervisor of Elections' g~o-calls be used the g~o-cslls developed with building per.its. Ms. Morgan stated that her geo-cells do not cross elected district boundaries. She presented the Board with a handout delineating the boundaries of the various entities now attempting to coordinate their districts. Commissioner Volpe suggested that, although it might be advan- tageous for everyone to use the same geo-cells, It might not be appropriate to designate the Supervisor of Elections' geo-¢ells as the ones to use at this time. County Manager Dotrill questioned whether the geo-cells were auto- mated in ~uch a way as to create a burden by utilization of the Supervisor of Elections' geo-cells. Mr. Brutt stated an analysis would be necessary to make an ads- Page 15 ,.'v,.- April 23, 1991 ~,,,~.quate determination and that a report would be furnished after the ;:.data had been collected. ~. e&11 f~ the question, the ~otion carried unanimously. ~ ~ lY~q~O~ CODZ PRIOR TO TI~ DEADLIng ESTABLISI~D ~Y TEE ~x~rg ol co~m~x"~ assails - A~ROVZD ~ASIC SC~ZDOnX A~D CONCZar ~.T~ F~ ~ATES A~D P~ISIONS TO BZ BROUGHT BACK Community Development Services Brutt provided a revlsed Unified Land Development Code schedule and reported that same allows adequate ' time to satisfy legal obligations while providing additional time for various committee input. :., Commissioner Goodnight suggested a need to reschedule the Suns 2lst workshop as that date conflicts with the State Assoclatlon's meeting and legislative update in Orlando which is presently scheduled for June 19, 20, and 21, 1991. ~.: Count~ Manager Dorrtll suggested his office coordinate the per- sonal schedules of the individual Commissioners to arrive at an alter- nate date. g~t~Aoner Sammdere Bored, seconded by 0ow-ieatoner Shanahah to ~ the be~ic schedule and concept with final dates and revisions · : '~: :~ t~ be ~m~t ~ to the Board. Commissioner Volpe questioned whether the contents o~ Mr. ~orton's ~:;~']etter had been considered. Mr,vBru~t reported having met with Mr. Morton for the purpose of if:'.. discussing that particular letter as well as other factors. ~.~ f~ ~ ~ta, the ~Otton carrled~x~ant~cm~l~. ~'EA~'~]gJ~A~XAT~D KNGi~gEE~ING DESIGN S~VIC~S AND DRI PLANNING ~~ ~WXTH~gLT& ASSOOIATgS0 INO. FOR THE I~OF~LE~ AIRPORT ~, CO~LI~ co~Fr~ PROJZOT NO. e~0~2 - APPROV~..D Transportation Services Administrator Archibald sta~ed that the ' . subject contract is for the design of roads, water and sewer as well as DRI submittals required due to the size of the project as a whole. ~e remanded the Board that this item is in follow up to their dtrec- Page 16 April 23, 1991 rive of February 12th. He reported the total dollar amount outlined for all three phases is $235,000, with the biggest cost being the DRI planning which will have a long lasting statement for the Immokalee area. He said that the Finance Director has raised questions regarding the use of gasoline dollars for the utility design. He indicated the matter will be addressed in detail when the contract As returned to the board, but proceeded to give a brief recap of the allocation of funds between Capital Fund 301 and Fund 313 in order to confirm that those dollars used from the road tax, Fund 313, will be on a reimbursable basis for the utility. He reported that, due to the DRI application fees being less than the worst case scenario, there should be sufficient monies in the 30! Fund. He stated that, as outlined in the five year capital work program, there are sufficient dollars left over to subsidize the difference between tl~e 301 Fund, the ~rant funds, and the dollars needed for the road deaign itself. He indicated an analysis of the grant funds which have been approved and what those funds have been approved for, will be provided at the time the actual contract is presented to the Board of County Commissioners. In the case of the utility grant funds, he said there will be information to address the provision regarding reimbursement of the utility design costs as well as the overall dollars. In response to Commissioner Volpe~s question, Mr. Archibald answered that the funds have been approved for both Fund 30! and Fund 313. He added that, should the Board have any concern whatsoever, an alternative would be to allocate dollars from Fund 301 (the capital fund) and then reimburse it from the grant funds. He said that the funds have been approved from both state and federal grants, but that · onies have yet to be draw~ down for the federal grant and the county ie still waiting on a purchase order from the state for the state ~rant. l~useell Shreeve, Director of Housing and Urban Improvement, reported receiving authorization to prepare the documentation for the Community Development Block Grant for Economic Development by the 55 Page Apr// 23, 1991 Lessee. He added the Lessee hopes to be located in the area of the Immokalee Airport by October or November. County Manager Dotrill reported the County is currently nego- tiating another lease on a fifty (50) acre site at the Immokalee Industrial Park. Mr. Shreeve reported there are two potential Lessees interested An moving forward and possibly being under construction by the end of Complying with a request from Commissioner Shanahah, Mr. Archibald summarized the DRI process, stating the $98,000 referred to in the package reflects the consultant's fixed fee to provide all the studies relating to submittal of the DRI. He added that the $?§,000 figure represented the worst case scenario In regard to the application fee, and the amount therefore budgeted for same. Commissioner Shanaban stated there was a considerable difference ;~between the Immokalee Airport and the Daytona Airport when the latter !:~:?.ihad been done for $35,000. Replying to questions from Commissioner Volpe, Mr. Dotrill responded that Fund 313 is in very tenuous condition right now, but funds are available within that reserve previously allocated. He said Fund:SlS is recommended for that portion of the funds required to be advanced tr~ the County. '~1~~ h~Comm/~toner Sh~nahan, ~econdad by Commiestoner · B, smme~ ca,rg'le~dunantmov~ly, to accept the Phase I engineering d~ot~t~rv~m and direct staff to present the final contract docu- mt~ fe~ Plume I ~rvtce~ with Delta &~moctatee, Inc. for the PUItC~6810~A!mXTIO~ALEUCALYPTUSMULCH FORLANDSCAPE MAINTENANCE ~ ~ FY 90/01 FROM AACTION NURSERY PRODUCTS (REFERENCE ~ B~D NO. 88-1333} - APPROVED Transportation Service Division Administrator Archibald reported a need to purchase good quality mulch (such as Grade "A") to meet requirements of landscaping plans currently underway. He stated staff 000 '1~[ .58 Page April 23, 1991 has reviewed the mulch being produced at the County Landfill in hopes of utilizing it on this project, but found it to be contaminated with Brazilian Pepper and Melaleuca, therefore necessitating the proposed purchase at a cost of $1.45 per bag. In answer to Commissioner Hasse, County Manager Dotrill answered that an attempt is currently underway to sterilize the mulch at the landfill through an aerobic process, but that this type material has a high tendenc~ to form nematodes that in turn cause fungus and will kill off plantings. He added that the County is interested in using the ~11ch from the landfill if it can be processed so that it will not cause more problems than it is worth. Mr. Archlbald stated the $5,550 re~resents the needs of Airport Road as well as some maintenance on the other medians. Com~isstoner Goodnight commented she has been informed there will be speakers present today from the garden club, however, none are present. ...~ sm~e ~ Oo~m/ssioner Shanahan, seconded b~ Co---issioner ~l.~m~m, te ~ t~ ~ of ~ to ~c~e the ~lch. Co~issioner Hasse reported receivin~ re~ard to usin~ the mu~ch from the landfill. Mr. Dorr~11 ~ndicated that exper~mentation will continue and that a test pod would be constructed. He said there will be a trans~tion to this product be~inning next year, if there are no problems with exotics, nematodes~ and fun~s. -- .~-~1,~ ~ ~tion, the ~tion c~rt~ I~.~1 ~ ~ ~ ~ l~ ~ ~ ~~ ~ AT ~IO~ ~Y ~ ~ ~ OONS~U~ION TI~ T~ ~..~ P~ ~ILITIZS ~IL 4/S0/g2 - ~PRO~D Act~n~ ~blic Services Admin~strator Martha Skinner reported receipt of a D~ permit for the instal~ation of utilities a~on~ the beach ~oute ~d that the County Attorney's Off~ce has sent conveyances for a utilities easement to Naples Cay for their approval, ant~ct- patin~ that s~e w~l be ~ranted at no cost to the county. She 57 April 23, 1991 pointed out that, if the Board pursues their early directire regarding this project, the contract with the consulting engineers wall have to be amended to include the additional cost of the work and permitting required from state and federal agencies. She indicated it is staff~s recommendation that the beach route be approved as the moat economical and expeditious way to go. She stated that work on "' · this project will not commence until after November 1st due to the sea '~ '; turtle protection plan. She relayed a request to the Board for execu- tton of a second amendment to the escrow agreement with AUO for another year for construction of the third pod, as the present agreement expires April 30, 1991. MAke Kennedy of Wilson, Miller, Barton and Peek, stated that at i :' the time of the original study in 1987 or 1988 the electric was not / ii included in the cost comparison of $90,000 versus $250,C. 00. He reported the additional cost of the electrical is approximately $100,000. He stated that, although the dollar amounts have changed significantly, the ratio has not. Commissioner Volpe recapitulated that the cost for the beach walk will now be approximately $359,000 versus approximately $190,000 along the beach, and that Mr. Kennedy's firm has already performed the engt- .:-: neering and design work to run the utilities along the beach. !:iI~I[" ' Commissioner Volpe asked the amount expended to date on this pro- " Ject, but neither Mr. Kennedy nor Ms. Skinner could answer at this ~..--time. Commissioner Volpe asked whether the contract price of $190,000 (exclusive of the engineering) included any mitigation or restoration of the dune, to which Mr. Kennedy answered In the negative. Commissioner Hasse questioned how long it has been since the dune was renourished, to which neither Mr. Kennedy nor Ms. Skinner could answer. County Manager Dorrill added that it was a small project for which the County received grant funds from DNR. He stated there is a dune located in the vicinity of the existing cross-overs at Clam Pass with 000 ,, 58 -, · Page 20 April 23 1991 some plantings, but he could not report the current state of the plan- tinge. He reported that a portion of the dune was removed during the Tropical Storm Bob that occurred approximately two years ago with no reconstruction of the dune since then. Mr. Kennedy stated that at the hearing held on January 8th there w~re some things said that were not entirely accurate and he wanted to inform the Board of what has transpired to date. Commissioner Volpe questioned whether the County was imposing requirements on itself similar to the ones imposed on Westinghouse when they wished to bring utilities down the beach for the strand in an attempt to get a better idea of the total projected cost. Mr. Kennedy outlined the Boardts alternatives as: 1) approving the beach route today and proceed with intent of the original contract 2) retnvesttgate the cost of the boardwalk versus the be:~ch route without looking Into the permitting aspect of the boardwalk; or 3) look Into the permitting for the boardwalk (this will include the Corp of Engineers, The Department of Natural Resources, and The Department of Environmental Regulation}. Commissioner Volpe and Commissioner Hasse voiced agreement that, although It was originally planned to perform some of the work in- house, a dollar value should be determined for said in-house work. Mr. Kennedy pointed out that the dune restoration was not present In 1989 but has occurred In the Interim period, making restoration i .necessary. ~: In answer to Commissioner Volpe, Mr. Kennedy confirmed the necessity of supplementing the current contract and expendlng addi- ttonal money in order to evaluate the boardwalk versus the beach routs. He added that the st~niftcant expense would be in the per- mirting. Mr.. Dotrill Indicated there currently is no potable water available at Clam Pass. He stated there is a shallow well but the water contained therein will be extremely difficult to treat for potable purposes. He said there are restroom and shower facilities Page 21 ,:.. April 23, 1991 along the boardwalk, but that no food is allowed to be prepared on- site due to the absence of potable water. Commissioner Saunders stated he has come full circle on this Issue and is now in favor of running the utilities believing it to be more cost effective and easier to maintain. Mr. Dotrill reported there is not now nor has there ever been an eagle nest, but there is an active osprey nest present at Clam Bay. Barbara Boys, 40 Seagate Drive, expressed her concern that the purpose for additional utilities is a desire on the part of the Registry to get a full service restaurant located at Clam Pass. She raised issues of parking and maintenance as part of her concerns. She read from a document (a copy of which was not afforded the recorder) referencing a 1986 Resolution alleging to state "potable water, sewer, electric and telephone lines all serve the primary facillty via the existing access boardwalk". She voiced concern for potential van- dalism such as that which occurred at the present restroom facilities. She stated there is no cause to worry about fire as there is nothing there to burn and it is located right over water. She stated it was her belief that a state law existed that allowed high-rise building construction once utility lines had been Installed. Mr. Dotrill invited Ms. Bova to share with the Commission any evi- dence In her possession to suggest the Registry is trying to "trick" the county Into construction of a full scale restaurant, adding that no one could build a structure on this site as the entire 50 acres is a public park owned by the Board of County Commissioners. Commissioner Saunders interjected for the point of clarification that the Commission has gone on record and has been very strong in ~atntatntng control of Clam Pass Park. Parks and Recreation Manager Murdo Smith reported approximately $150,000 being budgeted for the cost of utilities. Commissioner Volpe remarked there appears to be a shortfall bet- ween the projected cost and budgeted amount. Mll~e Kennedy explained that AUO is intending to pick up part of the cost and thus the $1S0,000 is sufficient, ~. Dotrill remarked that the blueprints showing exactly what proposed to be built have been part of the public record for some time. Co~issioner Volpe questioned whether gas ~r~11s and cellular phones are an alternative to electrical lines. F. J. McMackim, Attorney for the owners of the Registry, responded ~ -: to the financial questions raised during discussion, including the two · ',~ $?5,000 funds escrowed in 1988. He offered his understanding that the ~i~ ? $100,000 in electrical cost is not a new item but rather surplus cost as the result of the corrosive affects of salt air and the need to meet existing Ordinances relating to fire, etc. He outlined their suggestion to staff for a lO year extension (to 2004) of the con- cession agreement in exchange for which the AUO would cor~trlbute the $100,000 cost overruns for the electrical utilities. County Attorney Cuyler reported there is no extension provision in the concession agreement. He stated the Board w111 have to make a determination as to whether they will waive a normal solicitation and whether it will be In the county's best interest to do so. Mr. Dotrill stated the County is not prepared today to make a recommendation relating to the suggested 10 year extension. Commissioner Saunders stated that the concession agreement and any subsequent extension is not the issue before the Board today. He suggested making a decision of whether or not to install a water line today. Oommissioner Volpe stated his preference to hear all factors at the same time, including proposals, costs, and plans for funding. Mr. Dotrill indicated there is no reason construction on the pod could not begin in advance of the water line, if the water line is scheduled to begin in November. - Charlotte Westman spoke representing herself and the League of Women Voters summarizing the discussion that has Just transpired regarding this item. oooP, 6I Page 23 equipment that goes onto the beach; how many years before corrosion of lines occur; the cost for replacement of lines; maintenance respon- Ntks Kennedy answered that the lines are made of plastic and will not ¢orrodei that the fence is up presently to protect people durln9 the construction phase; and that on-the-beach access will be decided at the time of permitting. Mr. Dotrill suggested beach access wtll probably be at the existing Naples Cay construction site. In reply to Commissioner Volpe, Mr. Kennedy commented there is approximately two to three acres of dune restoration refitted (calculated at $20,000 per acre), and totals between $40,000-$50,000. moved, seconded by Commissioner smrs and Volpe opposed), to establish that the pre- ~, c~,t~,*be~ aueemheen~ to the ~scro~wtth AUO. Page 24 THREE PART AGREEMENT BETWEEN THE COUNTY, ~ ~]~DERSON, YOUNG & CO~ FOR THE D~LO~ OF A D~ICATION O~IN~CE OR I~ACT ~ES FOR SCHOOL SITE ~ ~ ~ B~ ~ CO~ ~D THE S~00L BO~ PR~IDING OF ~ ~ERSON YO~O ~ - ~O~D Assistant to the County Manager Thomas W. 011iff summarized prior directives of the Board and subsequent steps to carry out those direc- tives in pursuing an Impact Fee Ordinance with direction regarding a Joint Funding Agreement. Be reported that the agreement with Benderson, Young & Company provides the Rational Nexus Report for a not to exceed amount of $35,000, and the Joint Share Cost Agreement has a not to exceed amount of $17,$00 on both parts. Co~missioner Volpe said there is a question about collection of school.impact fees within the City of Naples and whethe~ the City of Naples should in someway be involved in the proposed ag~'eement. Mr. Olliff commented he did not have a good answer to that question but that the Board can ask staff to pursue discussion with the City of Naples. Assistant Oounty Attorney Dennis P. Cronin stated the proposed Ordinances will be applicable to the City and, therefore, the funding source should Incorporate the Ctty's funds. Commissioner Saunders reported it is set up so that the School Board pays half and the County pays half, but reimbursement is made from the proceeds of the impact fee. Commissioner Shanaban questioned whether, in view of the Supreme Courtes decision regarding Impact fees, there is a need for this study at all. Mr. Olltff replied that this was for the nexus report which is a support document for the impact fee itself. County Attorney Cuyler commented that the issues in the Supreme Court case are whether one can have that type impact fee, and that all legal Impact fees still require .the nexus report to be completed. He stated that the Ordinance itself will be drafted In-house. Linda Lawson, representing Collier County Builders and Contractors 85 Page 25 April 23, 199! Association, remarked that the Association has a policy regarding inrpact fees. She expressed her feelings that the County does not necessarily have the in-house type of expertise required to tell us exactly what the legal limit is that can be imposed on new development without creating an unfair burden. She voiced support for seeking expert opinions regarding this but stated she and her organization would object to Fund 113 being the funding source for such study. George Keller, President of Collier County Civic Federation, questioned why discussion regarding monies is taking place at this time, and suggested it should be a dollar Impact fee rather than a · site dedication fee. County Attorney Cuyler interjected that it will be comprehensive In nature and parameters will be given at the approprta~:e time. Mr. Keller questioned the status on the study regar~ing Impact fees for roads. Mr. Cuyler answered that the matter is expected to be presented to the Board at next Tuesday's meeting. Mr. 011tff remarked that written documents have been received from the school board stating they have 90X of the information needed by the consultant already complied. Commissioner Saunders commented that the Board has gone on record stating that Fund 113 is probably not the appropriate source for funding these fees. ~o~ Sa~n~ers ~oved, seconded by Con-tssioner Shanahah and ~~~t~ou~ly, to approve staff~s recom~endation and to use ~ t~alod:l~o~/'ce for the contract. 88 Aprll 23~ 1991 ~.1~, ~ AI't~ItNET AND COUNTY ~I~ ~Y ~ ~ BACK TO ~ BCC WI~IN 30 DAYS Co~ty Manager Dotrill recommended approval of this item. Co~tsstoner Saunders reported having spoken with Sheriff Don H~ter th~s morning regarding this and stated that it is Mr. Hunter's feeling that such ~ agreement wlll not result In any decrease in ~ltce semite ~here e~se in the county if this is approved but would, in fact, increase the availability of police officers due to the provision that officers working in the Pelican Bay area can be ca/led to other areas of the county during emergency situations. He re.fred this w~l not result in any increased cost to the general t~ayers. Co~estoner Shanahan added that ~he Pelican Bay people approached the Sher~ff~s Office retesting this kind of additional service. Co~lss~oner Sanders remarked that while requiring additional deputies, they w$11 be paid for out of the MSTU funds. Mr. Dotrill co~enked that both direct and indirect costs related to the SherSff~s ~partment w~11 be captured and paid for by the In response to Co~ss~oner Volpe, Tom Storrar, Sheriff~s Office, e~a~ned that the $147,000 (from May ~Sth to the end of the current ~9~ budget year) includes all start-up costs involved in tra~ning, e~ipmenk, ~d veh$cles necessary for patrolling the geographical area. He added that the Sheriff wants a means to absorb into the nor- ~ budget the surplus personnel which w~11 be created should th$s contractua~ agreement be voided. He stated the proposed staff will be based out of the North Naples Substation (District ]), and added that there are areas in Cal~fornia as well as other counties in Florida presently providing protection through the MSTU funding mecha- nic.. Co~8sloner Saunders pointed ou~ tha~ ~he Sherif~ has a constiku- 78' Page 27 April 23, 1991 tion~l-a~d statutory obligation to provide a certain level of police protection throughout the county, and that said protection will not be based on the wealth of a community. He pointed out It does not have to be a "county-wide" catastrophe (but an off-site emergency) to allow 'i% the Sheriff to provide officers from Pelican Bay to the emergency site. In response to Commissioner Saunders, Mr. Storrar answered that officers patrolling the Pelican Bay area will be controlled only by the Sherlff's Office and will do nothing different from other offi- cers out on routine patrol, and that the Shertff's Office is satisfied that they will not be In violation of Attorney General's Opinion 90-61 or Florida Statute 125. County Attorney Cuyler stated he Is satisfied that the Interim l~reement is legally sufficient. The following persons spoke in opposition to this Petition: Bill Kerrlgan Charlie Andrews Charlotte Westman Fred Tarrant Kathryn Tomltnson (*Presented handout, copy not provided to Clerk to Board Office) George Keller Tony Gtordano The following reasons were given for opposing the Petition: Setting a bad precedent; saying police protection will be based on wealth; provision of extraordinary law enforcement to Pelican Bay over and above what is given to the rest of the county; possible signing of Interim Agreement between the Board of County Commissioners and Pelican Bay Foundation of Naples to circumvent the intent of the Attorney General's Opinions 79-17 and 90-61 (copies of which are alle- gedly provided in Ms. Tomltnson's packet*); Interim Agreement provides for taxpayers to absorb the cost of this additional personnel if the NSTU is dismantled; questioned why "extraordinary law enforcement" was not provided for in Florida Statute 1989, Chapter 125, Section Q, Subsection 1; possible deviation from normal police procedure when officers stop Pelican Bay residents from speeding, driving under the Influence, etc. as Pelican Bay residents will be directly funding the Page 28 April 23, 1991 officer's position (undue influence on livelihood); and there is no need for anything other than the regular taxing mechanism currently allowed for extra law enforcement in terms of additional personnel. ~pUty Storrar noted tha~ ~he Sher~ff's Department ~,rov~des a dif- ferent t~e of service from the private security and explained that a sheriff has the power to arrest and will write a report which is Included ~nto the Department's central records and then analyzed by the intell~gence ~it to ~dentlfy trends and solvab~llty factors. Deputy Storrar advised that the ~ncreased service level of law enforcement w~thln Pelican Bay will enhance patrol capabilities In North Naples. He affirmed that no level of service for law enfor- cement within the County will be lowered whether the proposed MSTBU is put Into effect or not. Co~isstoner Volpe cohented that he has reservations concerning the approval of this MSTBU because although Pelican Bay has the money now to pay for the five additional police officers, next year the Co~ will have to budget for them. Co~ty M~a~er Domrill explained that MSTBU's are created for the different m~tcipalitles of the County so they have the authority to t~ themselves for higher levels of services they might need from the Comfy. He added that as lon~ as the Sheriff can maintain a basic level of service for road patrol for the entire County, individual MSTBU's will not create a problem. He pointed out that the Sheriff is contracting these five additional officers through the Board of County Co~issioners; therefore, the control remains the County's respon- sibility. Co~tssloner Hasse suggested that the entire County be an MSTBU. Be~ Yo~, Chairman of the Pelican Bay Municipal Advisory Board, remarked that the proposed action is something they have been developing for over a year. He related that in regards to the lega- lity of the revest for an Increased service level in law enforcement for Peltc~ Bay, there should be no questions because an MSTBU is for Page 29 !~ ':~" April 23, 1991 , · this kfnd of request. He concurred that this plan would enhance the :'.': Coun~y~s Sheriff Department as the City of Naples Police Department i * does. He noted that Pelican Bay is willing to pay the additional cost for this additional protect/on. He affirmed that there could be add/- ,, ' riohal MeTBUWs in the future if another municipality found it neceesary for extra police protection. He informed that there is no intent to compromise the basic services provided by the Shertff~s Department to the rest of the County. He pointed out that Pelican Bay hae already been paying for this additional service, and it only makes · ;. $enee that theee funds that are already in the bank be used to pay for /~.~ . the training and equipment for the additional five people until : October 1, 1991. He pointed out that these additional people will work for the County. He explained that they need to know now whether thte plan will be approved so they can plan for next year's budget. · :: He etated that this plan would be a good precedent to have started In Collier County. Zn reply to Commissioner Hasse, Hr. Young informed that the plan would begin on a start-up basis ~ay 15, 1991, and continue through until October 1, 1991. :. Mr. Young confirmed to Commissioner Volpe that Pelican Bay will ,~ provide the monetary support to the County's budget for five addl- -~- riohal people in the Shertff's Department and possibly more. Commissioner Saunders stated that he is convinced the plan as drafted is legal and will provide the appropriate type of law enfor- ? · cement activity in Pelican Bay as well as enhance the current . '~ Shertff's Department; however, it Is not clear what all the implica- tions would be which are involved in the plan. Me commented that he doee not want to create a situation where people feel that they have to create an MSTBU in order to be provided the proper police protec- tion. He suggested that staff develop ~uidelines to determine when and where an MeTBU is appropriate for law enforcement. He related that he would like to see these Guidelines before making any decision on the plan. Commissioner Hasse concurred. 8! Page 30 April 23, 1991 Commissioner Goodnight commented that this plan would ease the Sheriff Department's responsibility in response time in the North ~Naples area. Commissioner Saunders pointed out that Mr. Storrar has indicated that this system is in place in other states and communities in Florida and would like to receive a report on how this system has worked in these areas and whether it has created any particular In other areas. Commissioner Shanahan agreed there is the possibility that this could be a dangerous precedent and concurred that more information needs to be provided in order to determine approval of this plan. Commissioner Volpe specified that the standards for the levels of service for the law enforcement should be clarified. ~ts~i~r S~un~rs ~, seconded by Coutseloner Volpe ~d ~~s ~ft~ ~ t~ C~ty ittom~'s Office pr~tde ~ ~1~ ~ ~U for the pr~iston of mict~l ~ ~1tce ~puW $torrar affirmed that a standard for the level of service for ~1tce protection will be explored as well as research Into other communttiea that have implemented the proposed concept. He pointed 'out that the proposed plan is a result of the $herlff's Department responding to a request to provide alternatives for additional law enforcement protection for the Pelican Bay area, and emphasized that there will be no degradation of the level of service for the rest of the County regardless of the outcome of this request. .-~*s$8 ; ~: 1:5S P.M. - Reconvened: 2:15 P.M. e$~ ~~ 91--839, E~EMPTIN(~ THE APRIL CIRCLE AFFORDABLH HOUSING P~ ~ ~ RO~ ~ RO~, LI~, P~ ~ ~TION~, ~,~ ~ ~A~ ~S ~ ~ SAID ~IONS ~ ~ Assistant County Manager McLemore explained that the Board of County Commissioners are requested to approve the exemption of Impact April 23, 1991 fees for road, library, parks and recreational, water, and sewer systems for the April Circle Affordable Housing Project to be built by Florida Affordable Housing, Inc., on Immokalee Road. He pointed out that Florida Affordable Housing, Inc. has received a St;Ate Apartment Incentive Loan (SAIL) in the amount of $1,760,000 to assist in the financing of the project. In review of the project, he advised, it is fouled to be consistent with the County's affordable housing goals, and staff is ver~ supportive of the project. Mr. McLemore noted that ~'~-"~' these'kinds of funds are limited; and if the SAIL bonds are not uti- .~ : lized by Collier County, they will more than likely be given to ~i~ Broward County for a similar project. He disclosed that the proposed :~;i;~'..j resolution provides the merits of the project. He reported that until . .: the County has a revenue source in place for reimbursement of affor- dable housing impact fee exemption funds, these projects will be reviewed on a project-by-project basis with the General Fund being used as the funding source. He informed that once the Fair Share Affordable Housing Ordinance is adopted, the General Fund will be reimbursed. County Attorney Cuyler interjected that the proposed resolution has been handed out to the Commissioners. In response to Commissioner Volpe, Housing & Urban Improvements Director $hreeve stated that the April Circle project will be a 100% affordable housing project for 15 years with 40~ of the units remaining affordable for another 15 years after such time. He explained that the County has already entered into a bonus density agTeement with the owners of the project. Commissioner Volpe pointed out that by granting the impact fee exemptions, the proposed project would be receiving two contributions from the County with the other being the bonus density points. He expressed his concern about granting the impact fee exemptions because the County does not have a revenue source for these exemptions. Assistant County Manager McLemore cited some of the affordable housing project will need a number of different types of assistance in / OOOPAG~ 83 Page 32 April 23, 1991 order to be successful. He added that this is a good quality project · Ild Is worthy of the additional assistance; and noted that the cri- teria required to apply for assistance is stringent enough to allow only those projects needing the exemptions to succeed t;o receive this funding. Commissioner Volpe questioned if the economic analysis was done by staff to substantiate the need to waive all the impact fees in order to have this project succeed? Mr. Shreeve stated that the economic analysis has been done and the only way for The April Circle Project to work is by a/lowing them the impact fee exemptions. Mr. Shreeve explained that without the exemptions the owners of the project will not be able to construct the project and then rent the units at the rate that is required by the Florida Housing Financing Authority who administer the SAIL program. He added that this project was awarded 15 points for local participation which is the impact fee waivers, and ¥. without these points they will not receive the SAIL loan. George Keller, President of Collier County Civic Federation, stated that the public has a right to know a few things about this project such as how many acres it will entail, how many units are ~nvolved, what the density will be, will the rates used be State rates, and is there a stipulation provided that rent increases will be according to the inflation rate? Commissioner Shanahah concurred that these are good questions and should be answered. Debby Riggins, speaking on behalf of the Housing Partnership for Collier County, noted that this is the first private development for the County for affordable housing since the adoption of the Growth Management Plan. She advised that April Circle will be a model pro- Ject providing quality units which will be an addition to the area rather than a detraction. She explained that the reason these units can be built at normal construction prices and offered at reduced rent :,~ :. rates is because of the multi-level financing involving a State loan providing very low interest money, a syndtcatton of federal low-income housing tax credits, the local banks providing $2.5 million in Page 33 April 23, 1991 financing and accepting less than normal fees and reducing their Interest rates, the award by the County of bonus density, and a vital portion coming from the waiver of the County's impact fees. She InfoNed that this project will be for working families that do not ~ake the salaries necessary to pay the normal rent rates. She related that in order to maintain this type of project for 15 to $0 years and more, good management needs to be in place and good, high quality construction is needed. Commissioner Volpe pointed out that the funds being provided for the project other than from the County are funds which will be repaid albeit with very low interest rates. He inquired if there was a possibility of the County receiving reimbursement for the impact fees by a/lowing repayment over a number of years? Mr. McLemore responded that this has been considered; however, requesting repayment of impact fees results in very little rent reduction, and the intent is for the County to reimburse these exemptions through the fare share mechanism. Ms. Riggins suggested that a workshop meeting be scheduled to review the impact fee ordinances and consider amendments to them; unfor- ttlnately this project is under a time constraint and there is not the time wait for the workshop. Mr. McLemore affirmed that alternatives are being considered for future projects. In response to Commissioner Volpe, Ms. Riggins remarked that the a%lbJect property is owned by Sand Castle Construction who are under contract to sell the property to Florida Affordable Housing, Inc. Responding to Commissioner Volpe's question on the legality of the resolution, Assistant County Attorney Cronin stated that the resolu- tion deals with this one specific project which Is the approved method of addressing the questions raised by the ordinance. Jerry Gereaux, Vice President of Florida Affordable Housing, Inc., informed that April Circle will be built as an employment base housing on 9.5 acres off Immokalee Road, one-half mile east of Airport Road, with a density of 12 units per acre. He advised that there will be a mix of one, two and three bedroom apartments with market rate type 000 , , 85 Page 34 April 23, 1991 construction and market rate in size. He informed that the proposed apartments will be affordable to families with Incomes of 60~ of the median or less. He explained that in a market survey r~cently com- missioned by a local market company, it was learned that the average rent for a two-bedroom apartment in the coastal area Is approximately $583 per month and the proposed pro3ect will rent a similar unit in the same area for $431 per month. He reiterated that 100~ of the units will be affordable for a period of 15 years, and after 15 years a minimum of 40~ of the units will remain affordable for an additional 15 years and added that as a practical matter all the units will pro- bably remain affordable for the additional 15 years. He pointed out that 48 of the units will be for elderly occupancy. He advised that the only way they can offer the low rent rates is through the ftnanctn~ from the state, and the loan application was submitted on the basis that there would be the Impact fee waivers provided by the County which pave this project the edge on points over a competing project on the east coast. He explained that all the tax credit sta- tements need to be submitted to the State by May 3, 1991, and added that approximately $125,000 has been invested in the project by Florida Affordable Housing, Inc. He disclosed that in the absence of the impact fee exemptions, the loan application will probably not not be ~ranted to them. He commented that future financing from the state and federal Governments will require more local government support. He informed that in his dealings with other counties in the State of Florida, they have supported the program by purchasing the land for the affordable housing and Give it to them to develop, waiving all impact fees, and in two instances have received two large loans with 1~ interest fees from the county Government. He emphasized that there is a ~reat deal of competition for this financing from the State. In response to Commissioner Shanahah, Mr. Gereaux indicated that by nsin~ 1990 dollars they can rent per month a one-bedroom unit for $36? where the market price for a similar unit is $515 and a three- bedroom unit for $495 which wouid rent at the market rate for $668. Page 35 il/'~'~Aa to construction costs, he cited that the total development costs including the land for the project will be approximately $56,000 per .. unit with roughly $6,000 per unit going toward the cost of the land. Mr. Oereaux affirmed to Commissioner Volpe that his company mana- ges the project for the complete tax credit compliance period. Fred Tarrant, representing the Tax Action Group of Collier County, stated that although he is supportive of affordable housing, he is not so sure that the Impact fees should be waived completely, and con- cuffed with Commissioner Volpe that these fees should be reimbursed to ~h.:' the County over time. He questioned that even though this Is Ilsted ..'- as a non-profit company, he would like to know at what level of remu- neration the officers of this company are. He went on to suggest that input from other contractors should be solicited to justify the cost of $56,000 per unit. He also suggested that the renters in time be provided the opportunity to buy their unit. Lots Loeber, resident of Naples, questioned whether the waiver of impact fees will set a precedence for private employment affordable ,- housing? Mr. MoLemore advised that the waiver of impact fees for affordable housing has previously been granted and reiterated that the Intent is to reimburse the general fund for the funds expended for the impac~ fee exemptions through the fare share impact fee ordinance which will substantially derive the source of funding from the busi- ~ : nesses and industries generating a need for affordable housing. Ms. Losbar ql/esttoned that if the figures noted in the Naples Daily News regarding this project are correct, does this mean that rent for a family making $22,000 a year could go as high as $550 per month? Mr. Gereaux confirmed that this is true and added that the rates are tied to a state mandated index. Ms. Losbar pointed out that in reviewing the newspaper she has found duplexes, villas, and apartments for rent in the $300 to $500 range. She added that she feels that $22,000 seems a high cap to be eligible for affordable housing assistance. She also noted that new two-bedroom manufactured homes are being offered on Barefoot William Page 36 April 23, 1991 Road at $39,900 Including appliances, carpeting, etc. She suggested that consideration be given to alternative methods of subsidizing affordable housing such as providing cash for rent payments and food stamps which would allow the families needing assistance to live in regular complexes and not be stereotyped as from affordable housing projects. In reference to the comments made regarding providing housing for ptxrchase, Mr. MoLemore emphasize that families cannot accrue the funding necessary for the downpayment, and this is being addressed through the ownership program. Carl Palmer, President of Housing Partnership for Collier County, expressed his complete support for the April Circle Project. He advised that this is the first project of Its type In Collier County which provides the private and public partnership. He explained that the Housing Partnership is involved in the proposed project as a funding source. ."? John Steinwand, representing Affordable Housing of SW Florida, Inc., provided a finding by the Florida Senate in 1991 which indicated that there Is a shortage of good affordable housing in Florida com- munities. He pointed out that there are no other 100~ affordable housing projects being planned in Collier County at the present time, and noted that an increase in density alone will not make affordable housing feasible. He emphasized that April Circle will add a $10 million property tax base to the County. He concurred with the pre- vious statements provided by the supporters of this project; and in particular, he related that $56,000 per unit is a reasonable cost. He added that by denying this request, a message will be sent across the State to the developer saying that there Is no interest for this type of project which will make it very difficult for the County to comply with their Comprehensive Plan. In response to Commissioner Volpe, Mr. Shreeve stated that he is working with the City of Naples in their effort to support the affor- dable housing program and to meet their Comprehensive Plan; however, / OOOPAc[ 8~ Page 37 April 23, 1991 this project is outside a two mile radius of the City, l:herefore, they will not be interested in participating in it. He noted that this issue will be discussed at the Joint County and City meeting which will be held tomorrow. '" For clarification to a discussion, Commissioner Shanahah indicated ~$i~ that the impact fees to be waived per unit will $3,200. Maureen Kelleher, speaking on behalf of the Affordable Housing Task Force, pointed out that although a large portion of the families in need of affordable housing come from the hotel and agricultural industries, the prepared study on this issue shows that many in the wage earner sector are also in need of affordable housing. She reported that the study indicates that 60~ of wage earners in the County which include beauticians, people who take care of our lawns, pl~ap gas, etc. earn under or about $16,000 per year. She noted that the County has the opportunity to receive a SAIL loan which is a highly competitive state loan, and requested that the County support :. the opportunity. She specified that the Comprehensive Plan has set the policy and County ordinances have committed that there would be waivers of impact fees for the affordable housing program. Chuck Mohlke, resident of the City of Naples, offered to the Commissioners for their information a Rental Market Condition Study conducted expressly for the April Circle project which provides twelve detailed reviews of apartment complexes built since 1980. He requested that the County support the April Circle project. ~t~ $~unde~ m~md, seconded by Co~isstoner Shanaban and ~ 4/1 (~~ioner Volpe opposed)0 to approv~ exe~ption of all th~ ~ f~ for the April Ctrcle affordable housing project, Page 38 April 23, 1991 ~O~ 91-340, REMOVING TITE FINAL VEGETATION AT TIGERTAIL BEACH AND PH~DI]~ WITH THE MITIGATION WITH DER AND THE CORPS OF ENGINEERS Assistant to the County Manager Olliff reported that the proposed mitigation plan for the removal of the wetland plants should be accep- table to the DER. The proposed plan will allow for mitigation to be done internally through the Road and Bridge staff which can be accomplished for 82§,000 or less. He advised that word has recently ~![): been received .that the subject area has now become a Jurisdictional · ~ ~" .,~: area of the Army Corps of engineers which will require the County to obtain a permit from them in order to start the clean up operation. He specified that there are three requests of the Board which are to approve the resolution, the mitigation plan, and the related budget amendment s. c~a~t~z~ni~u~l¥, that Resolution 91-340 removing the final vegeta- tton~t Till Beach and proceeding wiht the DER and the Corps of · ~gtneers be adopted and the associated budget aaendsents be appro¥iai. ooo 93 Page 39 April 23, 1991 It'~U~I~,TTON FOR A DRUG FREE GENERATION FOR DRUG ~ SUBSTANCE Assistant to the County Manager Olltff noted that this item was removed from the consent agenda because the Finance Officer would like to have the administration process of the contract revised to allow "The Foundation" to submit invoices directly to the Finance Department for payment. With this change, Mr. Olliff recommended that the a~reement be approved. ~i~ ~md~re ~t, seconded by Cosmicstoner Shanahah and · ~ZT~~I¥, to m~r~ t~ ~~t ~n the F~tton f~ S~ ~ ~r~tton ('~e Fation') ~d Collist Page 40 91-143 THROUGIt 91-146 - ADOPTED April 23, 1991 ~mm/mion~r $~ moved, seconded by Co~tsstoner Huse ~d ~M ~ly, t~t ~g~t ~n~ts 91-143 t~Gh 91-146 *~.;,~ ~ ~L~l~ 91-21 - ~D - - : _ ~ ~, ~o~ ~ Co~tsslo~r ~ ~ ;.','~.'~M'~ly, ~t ~t ~n~t R~olutt~ 91-21 ~ 000P, ,100 Page 41 April 23, 199! 30, ~99! Commissioner Goodnight informed that she has received additional Information regarding the Mexican Free Trade Agreement and is requesting that this item be continued until April 30, 1991 in order to allow time for the new information to be reviewed and the proposed resolution rewritten. .~o~er Saunders ~oved, seconded by Commissioner Shanahah and ~-~mantsa~sl¥, that the request for citrus exemption from the Trade l~t be continued until April i0, 1991. es.a:~.~l~,~dz 4=10 P.M. - R~: 4:20 P.M. at which tie ~ Clerk Guevin r~placed Deputy Clerk Arrtghi F~'f/~XZ{~'I~-90-$3, MICHAEL ARNOLD OF COLLIER COUNTY UTILITIES DI'~L~,.~ZNG COLLIER COUIt"I'Y BOARD OF COUNTY CO!~ISSIONERS, ~ P~O~'~$ION~r. USE "b" OF SECTION 8.10, ESSENTIAL SERVICES, TO AZ,L0~~ONOF A WATER TREATMENT~ FOR PROPERTY LOCATED ON T~ ~ $ID~ OF 8Tlt AVENUE N.#. APPROXZNATELY 3,000 FEET EAST OF ~ GoR. 951 ~IDV~ID~RBILT B~CH ROAD INTERSECTION - CONTINUED TO 51elgl- Planner Badamtchlan noted the subject property is zoned A-2 and consists of 20.3 acres. He reported the CCPC reviewed Petition PU-90-33 on 4/4/91 and unanimously forwarded it to the Board of County Commissioners with a recommendation for approval, subject to all Staff stipulations as well as six stipulations added by the CCPC. Nike Arnold, Utilities Administrator, shared his intent to address all the concerns of area residents with regard to noise, odor, aesthe- tics, safety and vehicular access to the greatest degree possible. He stated this issue began in 1989 when Staff suggested a new water plant location along with a revision to the County's water master plan, changing to a membrane softening process. In 1990, he said, the sub- ~ect site was approved by the Board, and Staff was empowered to acquire the land. He mentioned the project has been designated as the highest priority project within the CIE program. He commented the site is heavily wooded, which complies with the criteria for selec- tion. He said the intent is to maximize existing vegetation, while at 000 ,, d02 Page 42 April 23, 1991 the same time cjuster the facilities themselves In the center of the propertl, a8 much as possible. He indicated that some of the area residents are under the mistaken impression that they will be unable to get water from the plant. He expressed that water will be provided upon petition by the residents, consistent with what is done with new developments and areas developed without water and sewer, that Is, under an assessment district whereby they pay their fair share. He concluded that some of the stipulations recommended by the COPC are without any basis and will be virtually impossible to accomplish, i.e., noise levels held to 25 decibels. He suggested the same stipu- lations Imposed on the Marco Island water plant be utilized which limits noise levels to 55 decibels at the property lines. He stated sound studies completed based on sounds emanating from comparable plante show that the highest concentration of noise will be at the north property line, reaching 51 decibels. In answer to Commissioner Volpe, Paul Bowden with Boyle Engineering, stated that the building has been positioned in such a way to minimize the noise to the south. He said the pumps will be located in the middle of the building, also to minimize the sound coming through the walls. He said all the pumps that would normally be located outside the building will be enclosed in structures. He added acoustlcal materials and sound absorbent block will also be used, based on the suggestions of Mr. Robert Tanner who was hired as an expert in acoustical engineering to perform the noise study. Mr. Arnold indicated, with regard to odors, that Staff is suggesting the installation of a state-of-the-art scrubber system which will remove 99% of any hydrogen sulfide that may escape into the air. Commissioner Shanahan asked if Staff can assure area residents that the remaining 1~ will not be detected off the site? Mr. Arnold responded that is what Staff ts committed to. He cautioned that there is alwa%~s the potential for human error or equipment malfunction, however, by installing a computer monitoring system that will alert Page 43 April 23, 1991 ~()~/:-~ operators, a potential problem can be addressed very quickly. .... Mr. Arnold next called attention to the storage tanks, which will be the tallest structures on the site, reaching 56 feet in height and ' 160 feet in diameter. He said the tanks will be located as centrally ii' ~' ,, to the site as possible to take full advantage of all the surrounding vegetation for buffering purposes. He noted during the first phase of construction, one tank will be built, with the second tank to be constructed when the plant expands to a capacity of 20 mill/on gallons per day. He proposed to relocate existing vegetation to provide addi- tional buffering of the tanks. In response to Commissioner Shanahan, Mr. Arnold stated that any lighting required on the site will be shielded and pointing downward. Mr. Bowden described the architectural deslHn of the plant and the proposed landscape buffering. Commissioner Volpe questioned the difference in price from a metal structure as opposed to the proposed cinder block facility? Mr. Bowden indicated the concrete cinder block facility will cost an addi- tional $140,000. Commissioner Volpe commented the Board was previously told there would be no difference in noise absorption with a metal building having proper insulation. Mr. Bowden explained that Staff is pro- posing concrete construction in order to avoid the appearance of an industrial type building on the site. He said because of aesthetic concerns, the facility is intended to resemble an office building. Mr. Arnold added that the project is still within budget, even with all the amenities added in terms of sound proofing and odor control. Mro-Arnold addressed a stipulation proposed by the CCPC requiring a 15 foot high berm, with eucalyptus trees planted on top, be constructed along the entire south property line of the parcel. He asserted Staff is of the opinion that suggestion would be a poor expenditure of money for several reasons. He suggested instead that all landscaping and buffering be done in the open area in front of the Page 44 plant, to maximize the screening and make the site as aesthetically pleasing as possible. He also proposed the same be done on the rear property line, in recognition of possible future development. He said the end result will be a significant amount of buffered, mature landscaping completely surrounding the site. Commissioner Volpe asked where construction traffic for building the plant will access the site? Mr. Arnold replied the only legal access is via Weber Boulevard, which is also the only Improved surface by which to bring truck traffic In. He noted concerns of residents in the area with regard to school buses loading and unloading children on that street. He offered a possible solution to limit the times of vehicular access so as not to coincide with children getting on and off school buses. Commissioner Shanahan commented that stipulation should be required as a part of the total package. Commissioner Shanahan questioned what is the projected period of time for construction Involving heavy vehicles7 Fred Bloetecher, Assistant Utilities Administrator, Indicated the .ttme schedule for total construction for the project is 14 months, however, the need for heavy duty vehicles will be during the first six to nine months. Mr. Arnold made a final comment with regard to the additional sti- pulations recommended by the CCPC. He indicated they requested the setback for the tanks to be 300 feet, which will change the orien- tation of the tanks to the detriment of the project. He requested that Staff's recommendation as designated in the Provisional Use .application be approved. Nr. Bowden added that the location of the tanks was determined based on meetings with the South Florida Water Management District, the Corps of Engineers, the County's environmentalists as well as environmentalists with Boyle Engineering. Robert Bender, owner of 12 acres of property Immediately south of the proposed water treatment site, indicated he is aware that the pro- ooo Page 45 April 23, 1991 ~ect is needed and is in the public interest. He noted, however, that bringing the project so close to an established resident~al neigh- borhood is a serious error. He said he purchased his property fully aware of the zoning in Golden Gate Estates, as well as the A-2 zoning to the north. He stated he knew what would be permitted and what was there already, indicating he felt safe in purchasing land in a quiet neighborhood with the accompanying protection of the surrounding zoning. l~e mentioned large amounts of vacant land to the north and northwest of the sub3ect site that would permit this plant's location and also provide a several thousand foot buffer from any residential .. properties. He advised that his property line will be approximately 60 feet from the proposed slte, adding that 50 other residences are located within the possible minimum 2,000 feet evaluation radius should a chemical spill occur, as indicated by Fire Department offi- Mp. Bender continued, stating his belief that the proposed loca- tion is a political decision designed to benefit future developments, ~nd ignoring the present residents. He referred to written statements from civil engineering publications with regard to the ineffectiveness of trees and shrubs on masking noise. He demanded the following: a series of night time base-line noise surveys be done; all present and fllture noise producing equipment be housed within the process b%lildIng; emergency power generators, blowers, air conditioners, etc., be enclosed and be as far north as possible and equipped with high efficiency, low noise exhaust mufflers where applicable; the entire plant and tanks sited as far north as possible with a maximum southern setback; engineering ftrm's bonding to guarantee performance with little or no legal recourse available should thetr design not work in controlling noise or odor; plant to be designed to operate with suf- ficient ventilation for good worker comfort with all doors closed so as not to violate the noise barriers; a noise consultant should verify the sound control methods and results before construction; exterior ooo,, 1o6 Page 46 April 23, 1991 -~i~itghting be limited to that absolutely essential to safety and plant . : operationi the building and grounds to be as aesthetically pleasing as ':possible; absolute assurances that everything possible be done to minimize the chances of a hazardous chemical spill; access during -plant construction and plant operation be directly from C.R. 951 across the canal at the corner of Vanderbilt Beach Road and C.R. 951; and a promise from the Board of County Commissioners not to expand the plant beyond the present planned size and that the plant will not be used to Justify building other water or sewer plants nearby. He concluded by asking the Board to give direction to Staff to do what is · necessary to protect the present and future residents of Golden Gate Unit 3. He provided the Board with a petition signed by 72 residents as well as several letters from property owners, which he requested be made part of the record. (Copies on file with the Clerk to the Board.} ~:~semov~t, ~=omtedbyCo~miseioner Shanahah, to v~:~...:~l~ll~l~titt~nPO-90-31 tommy 8, 1991, at 6:30 P.M. Commissioner Volpe suggested in the Interim, that Staff meet with !di~;:the residents to share the changes made with regard to noise and '~;?':safety as a result of their efforts, so that some of the concerns can -~e: ;%';be addressed prior to the May 8th meeting. * ~m ~lund~rs and Shanahah left the meeting at this tt~e I~1~'=~/1 fo~ the ~uestton, the ~otton carried .es Co~A~i~ner Shanahah moved, seconded by Commissioner ~ ca, Tied unani~ousl~, that the followin~ ite~ under the con- e~rt a~ be approved and/or adopted: ''' l~l~O~Oll 91-311 ~I!ANTING FINAL ACCEPTANCE OF TH~ ROAIi~IAY, DRAINAGE, 111uTIHAlII~111~!l 1~ AND AUTHORIZING RELEASE OF TIIE I~~'~IP~TYFORTH~ FINAL PLAT OF "LELY BAREFOOT BEACH, UNIT See Page / /7 !~~ .I--~12 ~!!AIIT~NI~ FILIAL ACCEPTANCE OF TH~ ROADWAY, DRAINAGE, ~:~ ~lll~!~ ~ AND A~ORIZING ~L~E OF ~ ~ ~~ ~R ~ FXN~ P~T OF "LELY ~~T B~, ~XT ~-~.-~-~. / flflO~,~,r~fl7 Page 47 April ~3, 1991 G~.ILNTING FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, IMI~R~$ AND &UTNOR/ZIRG RELEASE 0F THE ~ FOR TH~ FTR&L PLAT OF =LONGSHORE LAK~f UNIT ONE" SeePage //~ 91-314 GI~&HTING PRELIMINARY ACCEPTANCE OF THE RO&D~AY, ~IkT~R &ND ~ IMPR~ FOR TI~ FINAL PLAT OF TeJKI~ UMIT TM~' - WITH STIPULATIONS Accept the Irrevocable Letter of Credit and Personal Bond as security for maintenance of the infrastructure until the Board of County Commissioners grants final acceptance of all improvements. Authorize the Chairman to execute the Maintenance Agreement for Preliminary Acceptance. Preliminary acceptance of improvements will not become effec- tive u~nttl water and sewer facilities have been conveyed to Collier County Water-Sewer District. SeePages · ~]~FI"ZON 91-315 G~ANTING FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, ~&T~ID~%~ERIMI~ROVEMENT~ AND AUThORIZING ~SK OF ~ ~ ~~ ~R ~ FIN~ P~T 0F '~T N~L~S I~US~I~ P~, ~T ~- 1' See Page GI~LNTING FINAL ACCKPTANCE OF THE ROADkIAY0 DRAINAGe, AT ~I~ ~, ~IT ~-A [L~ 7-26 IW~~)= See Pages /a~ ~ ol-s17 t.~OVXDXW6 FOR ASSESS~Fn~ oF LISW FOR THX COST oF lu, rsmr~ ow ~qmr.~c w~xsANcE ow ~o-r 2~. B~OCE ~42. 60LX*~W ~TE. m~T CELESTE Am~ J~R~ CARLES~O See PagesO - / / -*-~[~X~ 910:~18 F~rIDZ~ FOR USISSM~Iff OF LIDI FOR ~ ~ OF '. '~'~ ~XC ~~ ON L~ 6, B~ 145, GO~ ~ ~T 4, ~ ~ ~= ~I~ ON ~ ~4, BLO~ 2~ OF ~CO B~ ~IT Page 48 April 23, 1991 See Pagea~~~' 01--320 ~DZJI~ FOR ASSKSSMKHT OF LTKN FOR TH~ COST OF PUBLIC )IUISAL'~ ON LOT 11, BLOCI[ 182, ~ 6, PART 1, ~ a.]rD e"r$~..A CASTRO :BJ:SOLUTIOJl 91--321 FROVZDZNG FOR &SSK$S'MKNT OF LZKN FOR TH]E COST OF ABATBB~IIT OF POBLZC NUISANCE ON LOT 15, BLOCK 8, MARCO BKACH UNZT NO. O]~r J~'lTEJ-r IPJ~LZP $.t SUSANAN D MARY COSTANZA FROV~DZNG FOR ASSI~SSMKIFF OF L][KR FOR THK COST OF NUZSANCK ON LOT 29, BLOCK 210, URZT 6 PART 1 Jun:) ~oaIs DnEA~_,T Xte'~ ,'~ 6A7g ~ ~/0323 FItOVZD~ FOR a-~S~SM~IeT OF LZKN FOR ~ ~T OF .*~~ ~G ~ ON L~ 5, BL~ 132, OF ~ ~ ~IT '-u':." :'.~.~ .~ ::'~ IISOLUTZGI 03.°324 F'IK~ZDII~ FOR ASSKSSMKIFT OF LIKN FOR ~ COST OF ~OJ'~O !ru~s~, FOR PROP'KRTY BKGIIFNI'NG AT THE NORTHEAST COJ~IBROIPTIKSOqJTHWE~fC~J'ARTKROFTHK SOUTH KAST ~UARTZ:ROFTHE SO0'TBHEST~ or SECTION 3, TOWlmHIP ¢? soo'r~, R~GE 29 EAST, See Pages~~'~' 91-325 FROVZDZNG FOR ASSKSSMKIFf OF LIKN FOR THK COST OF Jl~A.TBi~rf~ POBLZC RUZSANCK ON LOT 93, LKLY COUIFFRY CLUB, PALMKTTO SI'CT3:~, A. ~AOT, 0REGO, TR~STSK ,, See Pages~ · :~ JI~S~,,~A"T-Q~-OX-:~2S F'ROV/DXNG FOR ASSESSME]IT OF LIKN ~R ~ C~T OF -- "~ ~ ~XC ~S~ ON ~ 30, BL~ 132, OF ~T OF ":'~~ ~ 28, 120, 123 ~ 132 OF ~CO B~ ~ O~ ~ FOR ASSK$SMXIIT OF LZKN FOR THK COST OF llUIS~ OII LOT g, BLOC[ 311 OF !~ILRCO NNN 4 nn Page 49 April 23, 1991 See Pages !.5-0o/.5'/ ~OVIDING FOR ASSESSMENT OF LI~N FOR TH~ COST OF P~2~IC N~ISANOE ON LOT 2, BLOCK 362, MARCO BEACH UNIT .... .B~B~Im ~0ISTE~ED A~ENTf MARC0 MEDIA ENT~RFRIS~ See Pages · '~ .~'-~.~l~Tm · ': :-~'-:a..~:-~'~~ ' " See Pages /~ '/~ 7 :.-~ Xtem~.~A7o F~OVXDZna FOa ASSXSSMm~r OF ~.I~ FOa Ta~ COST OF BEACH UNIT TW~NT~.-FIV~,. NEUMANN ZU~RCHF~ ~ :~!~ ~-~T ~ =~ITA~E FIN~S= - NITH STI~ATION~ 1. That the final plat not be recorded until the required Impro- vements have been constructed and accepted or until approved security is received for the tncompleted improvements and that construction shall be completed within ~6 months of the date of this approval. Authorize the Chairman to execute the construction and . ~.~ .,Maintenance Agreement. 3. That no building permits be Issued until the final plat Is -. recorded. ~'l~ ~"~FRIT~ FO~ ~TH~ ~INE~AKDS, UNIT S-&' . . : .':/.F~&~lk~ BA~E MI~OFIF2~INa, IN~., TO MICROFILM D~ELOPM~rT Page 50 April 23, 1991 The water and sewer facilities to serve the project cannot be placed into service and no Certificate of Occupancy shall be issued until the Florida Department of Environmental Regulation furnishes a letter authorizing the placement of these systems into service, and: Bacteriological testing has met the County's requirements, and; 3. The Fire Flow requirements of the project have been satisfied, and the Fire District furnishes a letter accepting the fire hydrant for ownership and maintenance. OR BOOK /&35 PAGES"- ~& --g/ 'l~ ~A~ -- ~A'XON 91-333 ~I~NTING PI~ELIMINARY ACCEPTANCE OF THE ROADWAY, ~A~, ~T~ ~ ~ IMPROVEI~ENTS FOR THE FINAL PLAT OF "PAP~K PT~A~T - WITN ~TIP~LATIONS Accept the Irrevocable Letter of Credit and Personal Bond as security for maintenance of the infrastructure until the Board of County Commissioners grants final acceptance of all improvements. 2e Authorize the Chairman to execute the Maintenance Agreement for Preliminary Acceptance. Preliminary acceptance of improvements will not become effec- tive until water and sewer facilities have been conveyed to Collier County Water-Sewer District. /&4z- /71 'OFF-SITE K~RAINAGE IMP~OVEM~N~ FOR TOLLGATE EXECUTION OF THE CONST~UOTION AND MAXNTEHANC~ .T~ C~'I~"F~ OF A NESTBOtIND LEPT TURN LANE ON S.R. 84 AT UNITY WAY ~ PAHT~T~ ~'5 FO~FR-LANING CONTRACT AND STAFF TO OBTAIN .P~F!gD~ F~ ~~ F~OM BENEFITING USERS AND FROPE1Tr~ 0%gNERS =- :~~'~:'~ TO ~PT~IFIC OONDXTION~ AND FEASIBILIT~ ~ TO .~ ~ ~[~[D~ ~ATI~ AN ASSESSMENT DISTRICT ~AND JENSEN ENGINEERS, ARCHITECT~, P~NKE~ FII~M, AND CONTRACT TO BE BROU(IHT BACK POINT BOAT ~AUNCH FACILIT~ Page 51 :~13J THe' AMO~FT OF 8164,504, ~ZI']~ ADDZTZONAL AID AFFROFIq~ATIB~ IT IWTO FLKET MANAGe!KIT FUND {521) ~m..~ .TB3~.~ WITH WAYNE KVAIeS AUCTION COMPANY FOR S~E ~ DIS~ OC~0JSI F3~K DZSTR~CT; BIG CORKSCRKM ][ST,AND FIRE CONTROL & RKSCUK D~STIZICT; 8OLDEl 6ATE FZRK CONTROL & RB:SCUE DISTRICT; AND IMMOKALKE "~.: 'FIASI.~K .~ IKPORT AIFD COJO[KN~ OF PHASE TIo I~IKLD TKST .. : ~~u~--~,~r' AT THE N_AFLKS LAIFDFILL Page 52 April 23, 1991 ~gsg T~ ROT~ 263 3/29/91 1990 TAX ROLL 233/23? 239/244 3/26/91-4/09/91 4/09/91-4/11/91 1990 Tm~GZBLK P~RSONAL PROPERTY - 1990-92/1990-96 4/05/91-4/16/91 The following miscellaneous correspondence was filed and/or referred to the various departments as indicated below: Letter dated 4/8/91 to James C. Giles from Joan D. Owens, Assistant Director, Administration, Collier Mosquito Control District, enclosing information to complete filing require- ments for the 1990-91 budget and auditing process for the year ended September 30, 1990. Filed. Dated 3/31/91, copy of Annual Financial Report of Big Corkscrew Island Fire Control and Rescue District for Fiscal Year ended September 30, 1990. Filed. Letter dated 3/29/91 to Chairman Goodnight from Robert G. Nave, Director, Division of Resource Planning and Management, Department of Community Affairs, re Statement of Intent and Notice of Intent to find parts of the comprehensive plan amendment, Ordinance 91-15/DCA 91-1, Not in Compliance. Copy to Neil Dorrtll, and filed. Letter dated 4/2/91 to Chalrman Goodnight from William E. Sadowskt, Secretary, Department of Community Affairs, re Collier County's application for funding under the Federal Fiscal Year 1990 and 1991 Small Cities Community Development Block Grant (GDBG) Program Economic Development Category, Phase II. Copies to Nail Dotrill,, Frank Brutt, Bob Blanchard, Marjorie Student, Stan Litsinger, and filed. Dated 4/2/91, Division of Administrative Hearings, DCA Docket No. 91-1-NOI-l101-(A)-(N), Department of Community Affairs rs. Collier County, Petition of the Department of Community Affairs re adopted amendments to Collier County Comprehensive Plan by Ordinance 91-15. Copies to Nail Dotrill, Frank Brutt, and filed. Letter dated 4/9/91 to Commissioner Hasse from William E. Sadowskt, Chairman, State Emergency Response Commission for Hazardous Materials, Department of Community Affairs, re revocation of Local Emergency Planning Committees (LEPC) mem- bership. Copies to Nail Dotrill, Ken Pineau, Jay Reardon, Commissioner Goodnight, and filed. Letter dated 4/4/91 to Commissioner Saunders from L. C. Norris, Finance & Accounting Director II, Statewide Financial Support Services, Department of Health and Rehabllitative Services, re SLIAG Contract MFl19, Site Visit Report. Copies to Nail Dorrill, Board of County Commissioners, Dr. Polkowski, and filed. 000 , 113 Page 53 April 23, 199! 13. 14. Memo to Chairman, Board of County Commissioners, from Gloria Woods, Health Services and Facilities Consultant, Emergency Medical Services, Department of Health and Rehabllttative Services, re reminder that 1990-9! EMS county grant expen- diture and program activity reports are due during April. Copies to Nell Dotrill, Jay Reardon, and filed. Letter dated 3/28/91 to Commissioner Goodnight from Fred Fagstaten, Superintendent, United States Department of the Interior, National Park Service, Big Cypress National Preserve, re proposed improvement of Miller Boulevard. Copy to Bill Lorenz, and filed. Letter dated 4/12/91 to "Co/league" from Gall M. Downing, Chief, Bureau of Management and Information Services, Division of Vocational Rehabilitation, Department of Labor and Employment Security, re public meeting on 4/29/91 for public comment re the State Plan and Supplement requirements under Title I and Title VI, Part C of the Rehabilitation Act of 1973, as amended, covering Fiscal Years, 1992, 1993, and 1994, and a proposed amendment to the current State Plan con- cerning the criteria for an Order of Selection. Copies to Neil Dotrill, Tom Whitecotton, and filed. Copy to Collier County of letter dated 4/1/91 to Coastal Engineering Consultants, Inc., from Tony D. McNeal, Engineer, Bureau of Coastal Engineering and Regulation, Department of Natural Resources, re Notice to Proceed Withheld; Permit Number: C0-316; Permittee Name: Westinghouse Communities of Naples, Inc. Copies to Neil Dotrill, Harry Huber, Frank Brutt, and filed. Copy to Collier County of letter dated 4/5/91 to Martha L. Skinner, Acting Public Service Administrator, from Tony D. McNeal, Engineer, Bureau of Coastal Engineering and Regulation, Department of Natural Resources, re Notice to Proceed Withheld; Permit Number: C0-257; Permittee Name: Collier County Board of Commissioners. Copies to Neil Dotrill, Harry Huber, Frank Brutt, and filed. Copy of letter to Martin D. Pinckney, P.E., Anchor Engineering, from Tony D. McNeal, Engineer, Bureau of Coastal Engineering and Regulation, Department of Natural Resources, re Notice to Proceed Withheld; Permit Number: CO-298; Permittee Name: Turan and Bonnie C. Ozdtl. Copies to Neil Dotrill, Harry Huber, Frank Brutt, and filed. Copy to Local Governments of memo to Governor's Office of Planning and Budgeting, from Annette D. Phillips, Director, Office of Management and Budget, Department of Transportation, re Notification of Proposed Work Program Amendment to the FY 90/91-94/95 Adopted Work Program. Copies to Neil Dotrill, George Archibald, and filed. From Highway Beautification Council, Department of Transportation, Florida Highway Beautification Council News, Volume 10, April 1991. Copies to Nell Dotrill, George Archibald, Bill Lorenz, and filed. Copy to BCC of letter dated 3/28/91 to Colonel Bruce A. Maleon, District Engineer, U.S. Army Corps of Engineers, from Bradley J. Hartman, Director, Office of Environmental Services, Florida Game and Fresh Water Fish Commission, re USACOE #90IPE-04981, Collier County Board of County Commissioners, Immokalee Road Expansion, (DER #111901439). Copies to Neil Dotrill, George Archibald, Bill Lorenz, and filed. Page 54 April 23, 1991 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. Copy to BCC of letter dated 4/5/9! to George Archibald, director, Collier County Transportation Services, from Kimberly A. Dryden, Biological Scientist III, Florida Game and Fresh Water Fish Commission, re Gopher Tortoise Habitat, Immokalee Road Expansion, Collier County. Copies to Neil Dorrtll, Bill Lorenz, and filed. Dated 4/5/91, News Release from U.S. Department of the Interior, National Park Service, re approval of Gulf Coast Development Concept Plan for Everglades National Park. Copies to Nell Dotrill, Martha Skinner, Frank Brutt, Bill Lorenz, and filed. Preliminary Notice to Owner dated 4/1/91, to Collier County Purchasing Department and Ground Improvement Technics, from U.S. Precast Corp., under an order given by Ground Improvement Technics for precast materials for Collier County Landfill, 1-75 & CR 951 (NE Sector), Customer P.O. #FL 1301-03, Project #911690. Copies to Neil Dotrill, Steve Carne//, John Yonkosky, and filed. Notice to Owner and Notice to Contractor dated 4/8/91, to BBL/Quinn and Capital Projects Management, from Allform, Inc., under an order given by Voyager Construction for sale and/or rental of construction materials and supplies for Collier County Library. Copies to Nell Dotrill, John Yonkosk~, Steve Camell, and filed. Notice to Owner dated 4/10/91 to BCC from Sun Coast Under,round Utility Construction, under an order given by Armon Inc., for site work for Agricultural Extension Office Building, Immokalee. Copies to Netl Dotrill, Steve Camell, John Yonkosky, and filed. Notice to Owner dated 3/22/91 to BCC from Sun Art Painting Corp., under an order given by D. N. Higgins, Inc., for ser- vices for the South Service Area Effluent Storage Facility. Copies to Nell Dotrill, John Yonkosky, Steve Camell, and filed. Notice of Nonpayment dated 4/10/91 to BCC from Richard Electric Supply Co., Inc., for electrical supplies for Collier County Health Service, Pro~ect #4-L0630-07. Copies to Nell Dotrill, Steve Camel1, John Yonkosky, and filed. Notice to Owner dated 4/1/91 to BCC from Jackson Services, under an order given by Voyager Masonry, for concrete pumping for Collier County Library/Barry. Copies to Netl Dorrill, Steve Camell, John Yonkosky, and filed. Notice to Owner dated 4/11/91 to N. Cole Construction, Inc., and BCC from Ajax Paving Industries, Inc. of Florida, under an order given by N. Cole Construction, Inc., for asphalt materials, equipment, trucking and labor for Collier Village-Infrastructure, Bid #90-1540, Bond #QO0077. Copies to Net1 Dotrill, Steve Camell, John Yonkosky, and filed. Notice to Owner dated 4/11/91 to BCC from Hertz Equipment Rental Corporation under an order given by Trac Environmental Services for general equipment rental for County Barn, Job #89-1499. Copies to Neil Dotrill, Steve Camel1, John Yonkosky, and filed. North Naples F/re ContFol and Rescue District Financial Statements for Fiscal Years 1974 through 1989 and Report on Examination of Accounts for Fiscal Year 1977. Filed. 000 PAdIll5 Pare 55 April 23, 1991 28. Florida Public Service Commission Docket No. 90095§-SU; Order No. 24331; Issued 4/4/91; Application of Naples Sewer Company for amendment of Certificate No. 397-S in Collier County, Florida, Order Amending Certificate to Include Additional Territory and Closing Docket. Copies to Neil Dotrill, Mike Arnold, Tim Clemons, Mark Lawson, and filed. 29. Letter by Certified Mall dated 4/9/91 to BCC from Bruce Lawrence Schetner, Esquire, for the firm of Associates and Bruce L. Scheiner, Personal Injury Lawyers, P.A., re their client, David Pinder and Sheila Baker as parents and natural guardians of Daniel Pinder. Copies to Nei! Dotrill, Ken Cuyler, J. Walker, and filed. 30. Letter dated 4/12/91 to Commissioner Hasse from Robert N. Gray, Director of Accounting, South Florida Water Management District (SFWMD), wt. th Enclosed Comprehensive Annual Financial Report of the SFWMD for the fiscal year ended September 30, 1990. Flied. 31. Dated 4/10/91, Case No. 88-2870-CA-O1-WLB in the Circuit Court of the 20th Judicial Circuit in and for Collier County, Florida, Collier County vs. Texland Properties Corp., etal, re Notice for Trial. There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 5:50 P.M. BOARD OF COUNTY COMMISSIONERS/ BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL · ~. ~'. .. ~ ~ ~ I~ '~in~}~ approved by the Board as pre~e'd ~or as corrected I~A~RICIA ANNE GOODNIGHTS,', CHAIRMAN Page 56