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BCC Minutes 02/26/1991 R Naples, Florida, February 26, 1991 :;;":~T,IT BE REMEMBERED, that the Board of County Commissioners In !for'the County oF Collier, and also acting as the Board of Zoning .mnd as the governing board(s) of such special districts as have been created according to law and having conducted business ,~ met on thts date at 9:0O A.M. in R~OULAR SESSION in Building :'- '' CHAIRMAN: VICE-CHAIRMAN: ~hm. Government Complex, East Naples, Florida, with the [~g members present: AT. SO PRESENT: Patricia Anne Goodnight Michael J. Volpe R]chard S. Shanahen Max A. Hesse, Jr. Burr L. Saunders James C. Giles, Clerk; John Yonkosky, Finance · Director; Wanda Arright, Annette Guevln and E/lie Hoffman, Deputy Nell Dotrill, County Manager; Ron McLemore, Assistant County ; Ken Cuyler, County Attorney; Frank Brutt, Community ~Develo[~ment Services Administrator; John Madajewskl, Project Review (-[Se~vi~es, ldanager; Ken Bagtnskt, Planning Services Manager; Sam Saadeh, Bellows, Robert Lord, Chahram Badamtchian and Bob ; Sue Ftlson, Administrative Assistant to the Board; Byron Tomlinson, Shertff's Office. Page I February 26, 1991 AGENDA - APPROVKD WITH CHANGES $hmnahan moved, seconded by Commissioner Hasse and .~i~l~/~Onlll¥, that ~he agenda ~d consent agenda ~ appr~ #6B2, #6C! and 6C3 - Relating to Tract 22 to be heard together. (Requested by Commissioner Volpe). ~,i~i, 2. Item #6C2 - Petit/on PDA-89-16, Barbara Henderson Cawley of ~' . ' Wilson, Miller, Barton and Peek, Inc., representing Amnon '~?.~ Go/an, Trustee for Orangetree Associates, requesting amend- :~;"~"' ments to the Orangetree PUD located on the east side of C.R ?~11. '~i~ 846 - Continued to 3/5/91. (Requested by Petitioner and ':.-,~'~, Staff). 3~. Items #?A4 and #?AS - To be heard as close to 11:00 A.M. as possible. (Requested by Commissioner Shanaban). 4'~..~.Item #7A2 - Petition A-91-1, James H. Slesky, representing ~,;~!.~ Hubsehman Associations, owners of Falling Waters PUD, ~!i!/~.~h-,h-!~'requesttng an administrative appeal of the Planning/Zoning .j~.{,.-.~-~;-, .Director's decision that their proposed public restaurant is ...... not a permitted use - Continued to 3/12/91. (Requested by -"[ Petitioner). Itel #?B2 - Petition PU-90-30, Robert L. Duane of Hole, Montes and Associates, Inc., representing Florida Rock Industries, requesting a Provisional Use "O" of the A-2 Zoning District for a portable asphalttc concrete batch plant for the property located on the northeast corner of C.R. 951 and Immokalee Road - Continued to 3/12/91. (Requested by Petitioner). '6%-,.:~ Item #8B - Dr. Jane Kern concerning the traffic situation at ~,~the Seacrest Country Day School - To be heard at 3:15 or at ,the conclusion of the regular agenda. (Requested by ~Petlt loner ). Item #8F - Balloon Display - Added. (Requested by Taylor '.?{<~/~.~:~ Rental Company) . ~:?. :Item #9C! - Lely Barefoot Beach Preserve parking fees - ttnue to 3/12/91 instead of 3/5/91 as noted. (Requested ,":,by Commissioner Saunders). ~tem ~9~1 - R~commendatton to award Bid #90-1673 for the : purchase of office furnishings - Deleted. (Requested by Staff) . ~0, ~. Item #12B - Recommendation to approve for recording, the ~.~z~.,..i~:~lnal plat of "Riverwood East, Unit 4, Phase III" and grant ;relimtnary acceptance of the roadway, drainage, water and ~'sewer improvements - Added. (Requested by Commissioner ~? l{aese). ¥:,: .~.~:-Item #12C - Water and sewer facilities acceptance for '-;; Riverwood East, Unit 4, Phase III- Added. (Requested by /!:' Commissioner .12..-:.:;.',~.Item #12D - Immokalee Neighborhood Services requesting waiver ~. of tipping fees for food distribution in Immokalee, February 26, 1991 ¥ two tons - Added. (Requested by Commissioner ' Goodnight). 1~[-;.1~;,.'.~ Item ~13E - Request that the Board of County Commissioners i.' ;.~ hear a presentation by Sheriff Don Hunter on Sheriff's Office · . '.,.,.: . Oper&tlons - Added. (Requested by Sherlff's Department). ~)~-.~14~ - Item #IDA- Discussion of Public Hearing Items for the March 12, 1991 Board of County Commissioners meeting - Added. (Requested by County Manager). Item #16A3 - The requested dale for thi~ h~aring Indicates March 26th - should be changed to April 9, 1991. Community Development requesting a public hearing date for Petition DOA-Pl-3, an amendment to the Berkshire Lakes Development Order to determine if it is a substantial deviation to the Berkshire Lakes Development Order. (Requested by Staff). Item #16E4 Moved to 9E2 - Recommendation to approved a taxi- cab color scheme change to the certificate of public con- ven~ence and necessity held by 3ean and Marie Gtlot D/B/A Oilot Taxi Company Item ~16G1 - Recommendation that the Board of County 0o~ualsstoners approve Certificates of Correction to the Mandatory Solid Waste Collection Special Assessment Roll - Deleted. (Requested by Staff). Go~issioner Goodnight added that the Commissioners will adjourn at 12:0o noon and reconvene at 1:45 P.M. A~D/OR ADOI~I~D motion for approval of the Consent Agenda is noted under Item ~-~ ~~1~ lS, 1990, ~U~ MEETING; ~D D~~ 27, ~~~ T 1991 SPECIE ~ETIN~S - ~PR0~D %S PRESSED ~tmer ~~ soy.d, seconded by Co~tsstoner Hasse ~d mi~l?, that the Minutes of ~cember la, 1990, re~l~ ~ ~.~r 2~, 1990 ~d J~ua~ 7, 1991, s~cial ~eetlng~ ~ prepted. --~l~l~ ~1 ~H OI ~CH A~ CON~V~ ~ - Upon presentation of the proclamation to David Addison, VOl~ move4, seconded b~ Co~lsetoner Shanmhan and the Proclamation designating the month of Co. err'whey Nonth, be adopted. Page 3 February 26, 1991 O!~D~]~ 91--20, R~ PETITION R-90-30, SAMES I DAVIS OF COASTAL ~~Z~[~ CO~IIr-.,TANTS, INC., REPRESENTING T~MPUST~CH, I~C. , ~TI~ A ~ZO~ ~OM A-2ST TO RSF-5 FOR RESIDENTIAL SINGLE F~ILY, ~ ~ ~A~D ON THE SOU~ SIDE OF BONITA BEACH ROAD, ~~T ~ MILES ~ST OF VANDERBILT DRIVE ON THE EAST SIDE OF ~ ~ ~C~ PUD AND ON THE WEST SID~ OF LITTLE HICKORY BAY PUD - ~ ~ ~ STIPU~TIONS Legal notice having been published in the Naples Daily News on J~ 24, 1991, as evidenced by Affidavit of Publication filed with Clerk, public hearing was opened to consider Petition R-90-30 J~es A. Davis of Coastal ~nglneerlng Consultants, Inc., )~eeenting Tempustech, Inc., requesting a fezone from A-2ST to RSF-5 ]~for.residential single family for property located on the south side ~nita Beach Road, approximately 1~ miles west of Vanderbilt Drive the east side of Lely Barefoot Beach PUD and on the west side of ;Little Hickory Bay PUD in Section 6, Township 48 South, Range 25 East, g of 1.73 acres. .~er Saadeh informed that the subject petition will be heard .together with its companion Petition SMP-90-36. Mr. Saadeh stated t~t the petitioner Is requesting a fezone from A-2ST to RSF-5, single ily. restdentl~l, as well as a subdivision mas~er plan approval for ~tX'~ots designated for a single family residential development on a ~-"~,g3 acre parcel and located as stated. He noted tha~ the petition is .~:.: co~istent with the Growth Management Plan, and added that all agen- Cles-~d staff involved recommends approval of both proposed petitions, ect ~o staff stipulations as listed in the agreement sheet. ~, Saadeh cohented that there are four neighboring residents ~from.the south and across the waterway who expressed their opposition CCPC hearing regarding the two petitions. He noted that no nce was received regarding the proposed petitions, He re~rted that the CCPC recommends approval of both petitions. I~ response to Commissioner Hasse, Mr. Saadeh advised that the .opposition from the four residents related to the lot size, in that L. the proposed lot slze~ were not compatible in size to the Lely ~refoot Beach lots which would reduce the value of their 9ropetry. February 26, 1991 pointed out that the proposed project is across the water- 'W~' f~om the Lely Barefoot Beach project with average lot sizes at sq%lare feet compared to 13,500 square feet at Lely Barefoot Hm noted that the proposed project does meet all the require- of .the subdivision regulations and the Zoning Ordinance. M~'. Saadeh responded to Commlusloner Volp~:'.q question that as ~d.tn the agreement sheet, the mangroves along the waterway will ;&cted. '~111111~l~l~O~W~ S)~ ~ovad, seconded by Co~mtssioner Hasme and .~.?.~x-F~ ~ly, that the ~blic hearing ~ closed. ~l~r $~lnab. an moved, seconded by Coutssloner Hesse and ¥, that the Ordinance as numbered and titled belo~ mz~ ~tered Into Ordinance Book No. 43, subject to the ORDINANCE 91-20 AN ORDINANCE AMENDING ORDINANCE NUMBER 82-2, THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 8506N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED ON THE SOUTH SIDE OF BONITA BEACH ROAD, (CR-865), APPROXIMATELY 1~ MILES WEST OF VANDERBILT DRIVE, (CR-901), ON THE FAST SIDE OF LELY BAREFOOT BEACH PUD AND ON THE WEST SIDE OF LITTLE HICKORY BAY PUD, IN SECTION 6, TOWNSHIP 48 SOUTH, RANGE 25 FAST, COLLIER COUNTY, FLORIDA, FROM A-~ST TO RSF-5 FOR RESIDENTIAL SINGLE FAMILY; AND BY PROVIDING AN EFFECTIVE DATE. Page 5 February 26, 199! .'!'./~~'~ ~1--20~, 1~ P~"TITION $~-90-36, JAH~S A. DAVIS OF COASTAL ~l[~ ~T~S, INC., R~ESE~ING T~UST~CH, INC., ~X~ ~D~V~$~ON ~ST~R P~N APPROVAL FOR 5POONB~LL COVe, A SIX ~ ~-F~IL~ ~SIDE~IAL D~ELO~ENT, FOR THE PROPER~ LOCATED ON ~ ~ ~I~ OF ~NITA B~CH ROAD, APPROXI~T~LY 1~ NILES ~ST OF ~T ~ ON ~ ~$T SID~ OF LELY ~REFOOT B~CH PUD ~D ON i.~.~a,,~ ~'~1]~ OF LXTTLE HICKORY ~Y PUD - ~Z~..:i.~i.. Legal notice having been published in the Naplea Daily N~wa on ~~~ 27, 1991, as evidenced by Affidavit of Publication filed with ~.t~[(j~lmrk, public hearing was opened to consider Petition SMP-90-36 ~~tled,'by ~es A. Davis, Coastal 2n9tneerin9 Consultant, Inc., repre- ~or.~poonbtll Cove, located on the south sid~ of Bonita Beach Road ~pp~oxl 1~ miles west of Vanderbilt Drive, on the east side of ~<~'~' ~':?:' mately ~Le'ly. Barefoot Beach PU9 and on the west side of Little ~tckory Bay /~[~.~!n Section 6, Township 48 South, Range 25 East, consisting of ~';~3~. acres. ~;J~,~:::):~:~iS:ttem was discussed above in conjunction ~tth Companion ~e~ltton R-90-30. movtd, seconded by Co~-tsstontr Hasel the public hearing ~ closed. r~,..- ~~ liarmilan ~oved, .econded by Co,-.,,tw~Ioner !!as-e and :,~l~"a'~~~,~', that P~tltton S!,!P-90-36 be approved, ~ub.,'Ject to listed in tb agr#~ent mh#t, thereby 91-206. Page 6 February 26, 1991 1~ P~rlTION R-90-20, GARY S. DERCK OF EDWARD D. ~ A~i)CI&T~S, REPRESENTINO COLLIK~ D~LO~ ~~, ~~INO ~ RKZO~ ~0~ A-2 AND A-2 ~ST~ ~D PUD TO PUD ~ ~IT ~O~ DIS~ICT TO BE ~ AS COLLIER ~CT 22 FOR ~ ~~ ~T OF U.S. 41 NORTH ~ NORTH OF I~O~LEE ROAD - ~ ~ ~ ~ ~ED STIP~ATIONS Legal notice having been published in the Naples Daily News on February 6, 1991, as evidenced by Affidavit of Publication flled with public hearing was opened to consider Petition R-90-20 ~ Gary S. Derck of Edward D. Stone, Jr. , and Associates, repre- Collier Development Corporation, requesting a fezone from A-2 '"'~:&8'OOllter Tract 22 for property located east of U.S. 41 North ~~/~d::~-90-37 will be discussed together In ~hat they are all related ~~;~;.~::,~.,.;,ZnO pointed out that the PUD document and the Subdivision Collier organization. ~ added that the docuaenta pre- ~~;j~ed represent the most appropriate standards being in the best ~~}lnt.r.at of Collier County and the development. ~~::~E;:"{:;N~. Ntno advised that the subject property Is In the areas ~~'~tsd for urban residential purposes and an activity center. He that the land use proposed is entirely consistent to the Future Umm Element of the Growth Management Plan. He explained that the [one include a 174,000 square foot office commercial development, ~,000 eqllare feet of commercial retail development, 385 dwelling an eighteen hole golf course. He called attention to the amount of open space that is planned for wetlands, uplands, In the development plan. ~,.~sponse to Commissioner Hasse, Mr. N/no advised that the pro- pments~ maximum height for a shopping center development for non-shopping center development such as office Page 7 February 26, 1991 eight stories; for single-family and duplex structures, stories; for townhouses or row-houses, three stories; and for houses for multiple family structures, six stories. Mr. out that the land coverage ratio relating to the square of the commercial retail and office buildings is 16~ percent · allo.s for more open space. Hasse commented that he is concerned with the height 'sO~ of the proposed building because it Is not in keeping with i~'b,~ IFl'oJected atmosphere of Collier County. ~''l Ntno reported that the petitions have been reviewed exten- by staff, and all stipulations relating to the Comprehensive PI~ ~d level of service are Included in the PUD document. He that the concerns by the Cocohatches Trust area residents addressed by the petitioner, in that the residents of this continue to have access and docking privileges to the pri- lake owned by the Collier's and a four foot fence will be pro- He added that there are no objections from the adjoining areas. He pointed out that the CCPC recommended unanimously ~the subject petition be approved by the Board of County · and added that staff concurs with the reconunendation. ~'~(~-~{,:l~r~'- Ntno advised that there are additions to the PUD document and i~0vlded a handout to the Board. He noted that the petitioner has '~o provide a ten foot wide utility maintenance easement along · :side of U.S. 41 with the provision that the property will be {'to,lts prior condition if any construction Is done within the ams~nt. Staff has provided this stipulation to be added to the PUD ~n Section 10. Review Services Manager MadaJewski stated that he has a ~cg~llcex~l. lregardtng Section 4.07 of the PUD document which deals with =eloPers/model homes. He explained that subparagraph C, dealing of the model homes prior to platting and the need for site plans, only addresses the wet model which would be used as complex to go through the site development process, however, Page 8 February 26, 1991 ~tmff~-:would like the lan~ruage amended to include all models having to obtain approval by and through the Site Development Plan process which lU~e that the structure Is properly located on its site and the need for possible variances requested. He clarified for teloner Volpe that language is provided which states that all ~OdelS must be applied for by the project owner. :MX'. Mada3ewski noted that a second change proposed refers to ~T&~h 4,07~ which staff Js requesting be deleted in its entirety. e~l&1ned that there is a conflict and potential violation of the -"'Co~n~y~ fife code due to provl~lon~ f(}r pt~r'manent water servlcu for ~pro~e=ts that are installing underground water systems with hydrants, 4eveloper ~s ~n agreement to this. He related that the water system will be installed per the fire code. ~..Mada~ewek~ cited that his last change refers to paragraph 4. O?H.~.' He reco~ended that lan~age be added to the end of the sentence which would change it to Include the words, "and no : certificate of occupancy shall be issued until preliminary }rance of the subdivision infrastructure serving the model ~ted," He e~latned that this will prevent the possibility of legally l~vtng in the model while it is being used for a model the pro3ect. .'.I~Fesponse to Co~sslone~ Volpe, Mr. Nino stated that since the Study there are no roads directly impacted by the project I effect the level of se~vlce provided by the Comprehensive ~e added that the t~ansportatton elements of the p~oJect are y consistent with the Comprehensive Plan. Ntno ~lnted out that the subject petit]on Incorporates the ~D ~d the Co11&e~ Kea]th Center PUD. Mr. Hende~long with ~,t~'Colllmm ~velopment Corporation ~esponded to Commissioner Volpe's by ~tattng that the aggregate total of square feet for ~etatl ~:,~educed f~om 343,000 to 270,000. ~..,,.:,'Ntno stated that the development orde~ includes all the off/- :~a]'~eco~endatton of the Southwest Florida Regfonal Planning Council Page 9 February 26, 1991 minor exceptions which are indicated in the executive sum- ~.~~~He noted that the Southwest Florida Regional Planning Council "' :&~reed with the changes. He commented that there is no objection the development order from the Department of Community Affairs. iM~'iNlno pointed out that there are three changes to the develop- ~do~ with the first relating to page 69 and 70 where there is i~ference to "peak hour", and the Transportation staff would like the 'phrmse changed to read "peak hour, peak season". He noted that the staff also requested a statement be added at the of the Transportation element of the document which would ,."The applicant or his successor shall be subject to the Adequate Facilities Ordinance No. 90-24 for all transportation related on all impacted roadways." He commented that the last change pact to the Southwest Regional Planning Council where they styred'that they too wanted to receive the Habitat Management Plan, has been provided for this request. '~CO"~tsstoner Volpe reported that the developer has agreed to fur- shutters at the Vineyards Elementary School which will ovide & h~rricane shelter. Mr;.-Nino stated that the Planning Commission recommended the o~der petition be a~proved by the Board of County and pointed out that there was no public opposition to pment order. > In ~esponse to Commissioner Volpe, Mr. Nino cited that the PUD p~ovidms lanaiiapc similar to the sunset provision. Barksdale of the Collier Development Corporation responded ;o'Co~tssioner Volpe's question regarding access by statinG that ~i~ be two accesses off U.S. 41 south of the river with no ~th of the river because of environmental concerns. He · that the turn lanes and acceleration lanes have been for access Into the shopping center off U.S. 41. He that access for the residential area of the project will be Road. He specified that the accesses from Immokalee 33 ~age 10 February 26, 1991 besn coordinated with the Transportation Department, and design plans for the entrances off Immokalee Road will be into the County's design plans for Immokalee Road. !~r. Nfno stated that the subdivision master plan is for the pro~act and divides the project into lots upon which single- y[houstng will be constructed as well as tracts for the multi- housing and commercial development. He advised that the master plan is consistent with Subdivision Regulations and Ordinance. He Informed that there are a number of exemp- that would be granted by the Board if this petition is approved. ..~la~ned that sidewalks will be provided uniformly throughout the fect,'however, the exception refers to the location of the in that they will not always be right on the street, but be combined with cart paths. He added that the sidewalk plan l- be submitted and approved by Project Review Services at the time !~vision approval. He pointed out that the other exceptions ~0 with street markings, utility casings, etc., and disclosed 'all these have been reviewed by Project Review Services who all requested exceptions. He called attention to the sheet provided, and added that the conditions listed are ~dirt of the PUD document. He stated that the Planning Commission . the subdivision master plan and unanimously endorsed it, and that there was no public opposition to this petition. Mad&Jewskt responded to Commissioner Volpe by explaining that w~ter system for the project area is fairly complete at this time. m~ad that the existing sewage system for this area is also ade- ~!fol~.the proposed pro3ect. m stated in response to Commissioner Volpe that the order incorporates the stipulations for water conset- asserted that all the stipulations listed by staff .the PUD, the development order, and the subdivision master been agreed to by the petitioner. · '" Page 11 February 26, 1991 ~e~oner Shanahen stated that it appears that this will be an g development. Carter $traton, a registered speaker, stated that his concerns 'addressed. ge Keller, President of Collier County Civic Federation, :ed that the three petitions presented for the proposed develop- approved by the Board of County Commissioners. 8swell Corkran, resident of Naples, noted that he does have :~concerne regarding the traffic ana]y~]s. }{6? p~,lntod out th, t bas~d ,~nfo~tton provided by the transportation staff stating that cir- ~,~ lnvolvlng the Plu~mev Study would chnnge approximately time he feels that the traffic analysis for the development ;[neccurate. He advised that t,. lnt~md~ t~, br. ln9 thltt l~f~u~ up at :~tng for the petitions regarding the Adequate Public Facilities He concluded that his quarrel is not ~ith the development, the Co~ty's compliance on re~lattons related to the Ply. fno stated that the Plummet Study adopted by the Board and ed into the last revision of the Comprehensive Plan is not a ~owering of standards of the level of service for the County's roads. M~.'F:Barksdala commented that the development is subject to the Public Facilities Ordinance through every SDP and permit 't~eeted which results in the concurrency requtr,ments having to be met mt,,the time requested. ~nmhan moved, eeoonded by Commiesloner S&undere end that the public hearing be closed. ~eel~F Shanahen ~oved, seconded by Coolsstoner H&see and ~m~t~m~l¥, thmt the Ordinance as numbered mnd titled below mab}e~t to the added and as~nded stipulations ~mde by petitioner, ~n~ entered into Ordinance Book No. 43: ORDINANCE 91-21 AN ORDINANCE AMENDING ORDINANCE NUMBER 82-2, THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY FLORIDA, BY AMENDING THE OFFICIAL ZONING ATI.AS MAPS NUMBERED 8522N AND 8522S; BY CHANGING THE ZONING C[,A.';SIF[CATION OF THE HEREIN 0oo , , 35 i::.': . Page 12 ,~..;.:':. ebruar¥ 26, 199:1 ............ ~~DZ$CRIBED REAL PROPERTY FROM A-2, A-2 ST ~ND PUD TO PUD P~D UNIT DEVELOPMENT KNO~ AS COLLIER TRACT 22 FOR A MIXED USE CO~ERCIAL, OFFICE AND GOLF ORIENTED RESIDENTIAL DEVELOPMENT ON PROPERTY LOCATED EAST OF U.S. 41 AND NORTH OF IMMOKALEE ROAD (O.R. 846), IN SECTION ~, TOWNSHIP 48 SOUTH, RANGE ~5 EAST, ~O~I~R ~OUNTY, FLORIDA, CONSISTING OF 506 + ACRES; AND BY ~<:~-~ "1--207 ~ D~LO~ ORDZR 91-3, RZ PZTITION DRI-90-1, ~'-~ ~W~ OF COLLI~ ~CT 22' A ~IXED USE D~LO~ 0F -.[~-~ ~AINI]~ ~SID~IAL, C~RCI~ ~ GOLF CO~Sl ~ ~ ~~ L~ATED ON ~E NOR~ST CO~R OF T~I~I };,',_.I,~gal. notice having been published in the Naples Daily News on 10, 1991, as evidenced by Affidavit of Publication flied with l~ublic hearing was opened to consider Petition DRI-90-1, ~'< filed'by Clifford Barksdale, representing Collier Development requesting development approval of "Collier Tract 22" a development of Regional Impact containing residential, com- and golf course components for property located on the ~0~tb~aet corner of Tamiamt Trail North and Immokalee Road in Section Tiaahip 48 South, Range ~5 East, consisting of 508 acres. item was discussed above in conjunction with Companion ~ ~, s~o~ W Co~tsslo~r S~rm ~ ~t the ~11c ~mrlng ~ cloud. that Petition DRI-90-1 b~ approved, subJ~:t to ~ sttlml&tto~s provld~t by staff and/or the p~tl- ~ttn~ Re~lutton 91-207 and Development Order 91-3. 36 Page 13 February 26, 1991 ~ J~S,UT~OBJ 01-:200, ~r. ~ ~ CO~TION, ~STING S~D~VISION ~STKR P~ :~,,, ~ ~ ~~ ~ 22, L~A~D ON ~K N(;,RT~ST C0~R 0F [~,:-,. ....~ ~ ~ T~I~I ~IL NOR~ - A~KD WITH ADDED AND Legal notice having been published in the Naples Daily News on Febl~lary 6, 1991, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition SMP-90-37, by Frederick T. Barber and/or Dominic J. Amico of Agnolt, Barber and Hrundage, Inc., representing Collier Development Corporation, requesting Subdivision Master Plan approval for Cocohatches Cove, located on the Northeast corner of Immokalee Road, axld Ta~am! Trail North, in Section 22, Township 48 South, Range 25 East,~tconststing of 508 acres, more or less. ~tem was discussed above in con3unction with Companion P~t~t~ll~ R-90-20 and DRI-90-1. ~ ~m~d, seconded b~ Contmston~r Smunders and ~l~z~:mmsl¥, ~t the public hem~ng be closed. :~~-~thereb~ mdopttng Resolution 91-1108. Page 14 February 26, 1991 ~~ 91--209, R~ ~ITIOH PU-90-32, MARIO ~LA RKPR~SKRTING M. Do'~XN ~ORPORATION, ~Q~BTING ~OVISION~ USE "e" OF ~ "I" ~ ~ DI~I~ ~R I CHIL~E CE~R ~R ~OPKR~ L~A~D ~ ~ ~NOE CO~T O~ SO~ HORSESHOE DRIP, ~OXI~TELY 1/2 ~ ~ OF AI~-~LING RO~, ~~ DESCRIBED ~ L~ 7, ~ST ,~ ~~l~ P~ - ~ED WI~ STA~ STI~LATIONS Planner Badamtchlan Informed that the petitioner is requesting a Provisional Use "e" of the "I" Industrial Zoning District to allow collatructton of a childcare center on the 1.04 acre site. He added the proposed project will accommodate up to 125 children and 11 ;/< staff members. He advised that all appropriate County agencies have · reviewed the subject petition and ~ecommend approval. He noted that the proposed project Is consistent with the Growth Management Plan and .~the Pl~ning Co~lsslon unanimously recommended that the subject peri ,tton be approved, subject to all staff stipulations. There was no ~blic opposition, he reported. ,Marlo L~endola, representing the petitioner, commented that the pFo~aed building will be a new one story building with parking being pF~i'ded for 11 staff members. He added that the project proposed fs for a day care center for children up to age five. In ~esponse to Co~tsstoner Volpe, Mr. LaMendola stated that the facility will be completely fenced. 1y, that Ntitioa ~-90-32 ~ appr~, ~bJmct to ~att~ list~ in the ~~t .h~t, ~here~ ~ptlng DEstinED AS 239 ~RBOR PLACE, BUT ALLYING 12 MOTHS FOR PETITIONER TO Legal notice having been published in the Naples Daily News on 10, 1991, as evidenced by Affidavit of Publication filed with public hearing was opened to consider Petition FDPO-90-3 ~ary Weeks, requesting a variance from the minimum base flood elevation required by Ordinance No. 87-80 for property located at 239 H~.I'bOr Place, Lot 10, Block 6, Goodland Heights Subdivision, Section 'Township 52 South, Range 27 East. >Co%lnt¥ Attorney Cuyler stated that Petitions FDPO-90-3 and ~DPO-90-4 will be heard together since they are similar in nature and being represented by Mr. Kornse. ' Planner Mulhere advised that both petitions were originally heard bsf the Board on August 14, 1990 at which time the Board requested that : ]~ettttons be continued for three months to provide time for Staff ~hm County Attorney's office to review the petitions for alternate )l~t~ons to the issues. He noted that both petitions are being re~ested for a flood variance, allowing for an after-the-fact permit for structures currently being used for habitation. .].nformed that the structures in question are stilt homes. He noted the appropriate review agencies have reviewed the petitions and staff and the County Attorney's Office have found that there is ~ufficient Justification for approval of the two proposed peti- tions..'. Ha pointed out that a permit for the building of the two i.ml~artmenta in question would have been denied which results in these ~:~'o~ being self-induced hardships. Because of this fact, Mr. N~lh~ a~vi~ed that the approval of these petitions would result in a proliferation of an FDPO variance request for similar reasons, sub- [m¢t~ngOolller County to further scrutiny from the DCA, on behalf of ~md possible management assistance, suspension, or exclusion ]:from the program. He recommended that the petitions be denied. Page 16 February 26, 1991 {. % JBes Kornse, representing the petitioners, noted that the peti- t~orl~ are similar, however, he asked to clarify some points reuarding Petition FDPO-90-4. He said that five years ago Mr. El]ingtor, dld receive approval for a storage facility downstairs, but since that time.he provided a small apartment for his ailing parents. Me pro- & ~octor's statement indicating that due to their heart and lung · condition as well as leg problems, his parents could not climb stairs. After explaining the circumstances surrounding Mr. Elltngton's iF'a ailments, Mr. Kornse stated that this Is an extreme hardship case. Mr. Kornse requested that the Board grant both petitioners one year to provide for alternate living conditions for their parents. unt¥ Attorney Cuyler stated that there is no problem in grantin ~' ~ e>j< ';'' '~sor~ Keller, Oollter County Clvlc Federation, stated that the Goodl~d Otvt~ Association is a ~e~ber of the Collier County Civic ~'/j~?,der.tlon, and noted that he has had no comp.laints regarding etther of the two petitions. ~~,~1~, ~lt the ~blt= hemring ~ close4. ~lg ~~ly. t~t potltlon /D~-90-3 ~ d.nlsd with the provl- .~Tj.S~-~t ~ ~tltt~r m 12 ~nt~ to pr~tde for mlts~te 11vl~ ~:";'<"~', Mr. ~lhere stated that he will convey the motion to Code 'Znforcs~nt Supervisor Dick Clark. ~~ ~~--4, M~ V. ELLIN.ON, REQUESTINO A V~I~CE ~OM THE ~~ ~ ~-80 ON PROPER~ DESCRIBED AS 629 PA~ ~~ ~ - D~IED, BUT ALLOWING 12 MOTHS FOR PETITIO~R TO ~ ~ ~ LIVING ACCO~ODATIONS Legal notice having been published in the Naples Dall~ News on ~, Febrl~ary 10, 1991, j[t~ Clerk, public hearlng was opened Publ lc~at Iorl f IInd witit consider Petition FDPO-90-4, PaG~ 17 I~'"i:~'ftled.b¥ Marty V. Ellington, requesting a variance from the mi~tmum !~,,~i??'bas. flood elevation required by Ordinance No. 87-80 for property i'~!!i!i' located 629 Palm Avenue East, Lot 18, Block C, Goodland Isles. ~/~- Tllie ire, wa, discussed above with Petition FDPO-90-3. J/~?'~" ' '~t~r S~rs ~, ~cond~ ~ toutsstoner S~ [, ~~ ~~ly, t~t the ~blic he~ring ~ close. I1~1~01 91--210 lie PETITION FU-90-27, 3AI~ES A. DAVIS OF COASTAL ~ C~I"~ULT~, ~KS~ING HOSPICE OF NAPLES, INC. , ~ ~S~O~ USE "f" OF ~ ~-6 ZONING DIS~ICT ~R A ~~ ~ ~~ ~A~D ON ~IP~ILL ~, ~OXI~Y 1,200 Wa~e Arnold, Planning Services, presented Petition PU-90-27, -~estlng a hospice facility on a 5.28 acre site. He reminded the Board that a fezone application was approved for the subject property a prior meeting, and this petition is the follow-up to allow a Provisional Use on the site. He said the proposal is for a two phase 'development, with the first phase to be a 16,000 square foot structure L~ "iX ~droo.e for residents. He stated at build-out, the struc- :will be expanded to 36,000 square feet, will house up to 30 real- -~nt$ and provide office space for staff. He stated as noted in the stlplllattons, the petitioner plans to extend a 12-inch water main line Ridge Road to the site to serve the facility and will also section Whippoorwill Lane up to County standards. Co~lslloner Volpe questioned why the facility is proposed to be on a septic system? Planner Arnold responded that no sewer system is In the area at the present time. ~..,.. Co~tsetoner Hasse asked If a package plant would be more appropriate for this type of facility7 Page 18 I~??~i;'.' ',,m~%k Bru,t. Commluntty Development Services Administrator. replied has been reviewed by Environmental Hea.lth and t,~:~'.' Engineering Staff who are satisfied with the proposed septic system. ~'~. ~. '~.:~?,-,,l~e tn4~¢~t~4 if ~ c~ntr.1 sewer .yst.m becomes available within 100 '~-~ef ~hm property, the f.ctltty will be required to connect ]{~ff ' Jim Davis with Coastal Engineering Consultants representing the {~ ~... , ~?~,,': ~ltl~ne~, indicated a septic system is planned in conformance with [~?4r th. ~,deli~es set forth by HRS. He said the petitioner has not con- ~'~?{{..i~.~.d ~ o~-.lte treatment plant as an alternative, because the sep- ] ,' tXC ~s~em should suffice. [~'?;;:~~ ~1~, t~t ~tltlon ~-90-1~ ~ ~ppro~d ~bJ~ ~o the ~,; ~. :'? Page 19 ~. - ~ ~l~I~ IF MANDATED BY DER OR DNR ;;t.~.:::., Sarah Baronzzl read into the record a letter she wrote to Governor ?,.~,2~i/:~.~ Chiles addressing her concerns with the clean-up of Tigertail Beach, ' ?~z'inoting it has not yet been forwarded to the Governor. (Copy on file i[with,the Clerk to the Board. ) . ~~?~'~'~ ~C~,,~oner Hesse ,cohented on a portion of Mrs. BaronzzJ , ~? let~em dealing with al~e~ations that the Coun/y's Environmental staff t~.. -. ~,~.. s~o~ed the beach clean-up without p~oper authorization. ~ -.' '.. CO~ty M~age~ Doerill Informed that the reason the County employs ~('.,mnvtro~entalfsts is to safe~ard wetlands and protect plant and ant- [ :~ 1 s~cfes, and they are required to take a strict approach to any ~.:,~ ~em~al process. ~e indicated his understanding that the vegetative ~:~"has ~en removed and with the proper DER permit, the County should be ~ ~:~'~?[/[ able to achieve the type of beach profile desired. ~~r $~unders ~v~d, that Staff ~ directed to e~lte ) ~~ ~ ~tckly ~ ~mslble; the Co~ Attom~ to e~lore ~.:l'-?' ~ to l~ok ~nto the activities of the Enviro~uaental Staff rela- '~ ~ ' ~.~-. ~-,*~,.tl~ts 1~ ~ r~rt ~ck with ~y problem. ]~{~. CO~issloner Volpe questioned if the Board has a County-wide ~ff~:~ltq ,tth respect to maintenance of beach areas, to which County ~oceee t~'lng place at any Oounty beach par~. :~:" ~l~loner Shanahen pointed out ~hat he and others are in the ,%',' ~rocess of formulating a policy to be brought before the Board rela- ongoing annual program to rake Tigertall Beach as well as new miles of beachfront the County has as a result of He agreed that a County-wide policy is needed. Indicated his concern that someone has dellbeta- rely planted sangrove seedlings on Tigertail Beach which will now Page 20 February 25, 1991 a p~mit from DER to remove. He also mentioned that Staff has Ilscad fences around patches of vegetation in the middle of the beach i~~ in order to protect weeds which have no place on a public beach. Co~t¥ Manager Dotrill communicated that a condition of the DNR ':~rmlt,~ the requirement to transplant several protected plant spe- cies0 which he believes Mr. Baronzz! has referred to as weeds. 0o~missloner Shanahan asked Co,mty Manager Dorrill to give his rsgmrdlng what is expected to be accomplished relative to the ,~B~.~s line? County Manager Dotrill responded that a pre- .? contraction conference has been held, flags have been put out seaward of the 19BM dune line and it is generally agreed that there is a mean- ,,~sr~mg linm do~ the face of the 1983 dune project. He said that is th~ ~ma ho~d to be cleared back to. ".~~r ~~ ~~ him ~tlon to in~lu~ ~r~tlon to Robert Davenport of Davenport Mobile Home Park, stated he pald l~&¢~ fees st the time his mobile home park was constructed in 1988. noted library and park fees were exempted through vested rights. s~ated at the time of completion, he purchased and installed water from I~mokalee Water & Sewer and was under the lmpresslon ~vel~thing had been done to comply with the Final Development Order. ~d according to Staff, the Adequate Public Facilities Ordinance )';&dopted in March, 1990, allows no exemptions other than DRI's; $ectlon 8.2.~ of the APFO states that, "all valid, unexpired, ~l~l lOO&l development orders issued prior to adoption of this S~ arm exempt. He advised the Ordinance does not address ;home parks. ooo , , 80 Page 21 February 26, 1991 Litsinger, Growth Management Director, reported Mr. i.i~!Davenport's mobile home park was developed as a PUD and the APFO con- ains.'no provisions exempting those types of development. He said, , prior to tie-down permits belng issued on lots in mobile parks, Staff is requiring a Certificate of Adequate Public letonor Shanahan commented that since Mr. Davenport has gone ,the permitting process prior to adoption of the APFO, some · i-flexibility should be explored to protect his best interests. j.'~;:;-~.Mr.~ Litsin~;er explained the APFO contains a provision for an ~l-tcatton for vesting so that any PUD o~er may apply to the County a.~terminatton of vested rights due to previous actions by ~11ter. Co~ty Government. He mentioned he has made Mr. Davenport of th~ provision. CoalssiGner Goodnight co~untcated that she does not understand .:.thm A~FO re~l~ementm are bein~ imposed on the mobile home pa~k, ~c~B~ the impact ~ee~ ~or roads and water/se~er have been paid. Litmincer indicated the analogy is the same ~or a single- home Pug where all infrastructure is Jn place, however the on pmbllc ~aclltttem occurs when the buildin9 permits a~e 't~sumd.~or each individual lot within the PUg. "..~.~ven~ort stated the basis ~or his complaint is that he ':nmtml~md ~tmr meter~ and I~okalee Water G Sewer co~itted to ~m Dro~mct in 1988. He sat~ ~tn~le-~amily homes in a sub- division do not have water meters, they are connected by m water line. Co~ Attorney Cuyler ~esttoned how many mobile homem have been O~tmd ~or tAe ~trst time? Mr. Davenport responded 30 lots ~::'cmrrently have mobile home~, two ~111 be placed on ]ot~ thl~ date and o~e..wtl~.be ~laced in the near ~uture. Me said approxlmate]y 70 lota ~o~toner Volpe ~estlone~ what Hr. Davenport's objection is to a bl~ application and paytn~ the required administrative ~ee t~'order to gut this matter to rest? Mr. Davenport replled he has no Page 2 2 February 26, 199! applying for the blanket certificate if the County will waive because he feels his park was in place prior to the APFO. ' ~'Mr. Litsinger pointed out that, based on the adoption of the APFO 1990, the subject PUD has not been evaluated for concurrency with ipublic facilities other than water and sewer, i.e., parks, roads, etc. ?i!Coutssioner Shanahan asked what amount of fees will be required? · Litsinger responded that the initial application fee for vested rights is $750, which may incre.~se to $2,250 depending on Staff time On the process. He indicated it will be less expensive for Mr. 'Davenport to apply for a Certificate of Adequate Public Facilities than to go through the vested rights process. He advised applying for a,eing!e application for the Certificate will cost $100 plus $25 per a total of 810850. ~:!.~;:~ ~ulo~er S~u~lere left the ~ting at this tt~ '-, ?;. Goats·loner Goodnight suggested that this item be continued for :-~": .....~~ VOl~ ~g, second ~ Contest·her Hll~ ~d ~~ 4/0, to cuttn~ this item to the ~ettng of 3/12/~1 ~d Stiff tO W~rk o~t · compromise with Mr. Davenport. eseD~aty Cl~k ~off~an replaced l~puty Clerk Guevln at this PUBLIC NUISANCE - QUALITY INN - CO~!I$$XONNR SXTU&TXON AND WORK #XTH GOLDEN OATE CIVIC ASSOCIATION Community Development Services Administrator Brutt presented a ...to. the Commission from Code Enforcement Supervisor Clark (copy provided to the Clerk's Office). He pointed out that the memo that Compliances Services investigated the difficulty of the 'g~ttng:.problem at the Quality Inn in Golden Gate. He reported that !·o-,'problems have since been resolved. He further noted the noise i!:co~q~latnts were referred to the Sherlff's Office Investigator Larry who performed an investigation and took sound readings at the of Mr. Mitchell's home. · Page 2 3 !>~,i,i~',/ · February 26, 199! Brutt explained that Investigator White reports that the sound peaked fn the 46 to 48 dectbel range and did not violate the Gouty Noise Ordinance. . W. C. Mitchell, of 2464 42nd Street S.W., stated that the Ordinance addresses decibels but does not cover public nuisan- or disturbing the peace which are included in the Florida ~ He indicated that this offense should have been corrected ~.tn. one Investigative visit since the amplifiers at the Quality Inn ~ehould not be offensive to the degree of lowering the quality of peace In;Golden Gate. ,~lri~;Mttchell explained that his home is approximately 900 feet the Quality Inn and the music is played from 8:00 P.M. until 12 "td~'Ight, Tuesday through Saturday. He revealed that his home has ~ed in a manner to alleviate using the air conditioning, but <.~when the windows are open and the music is playing, he and his wife are ~able to sleep. He disclosed that he feels that the operators of ~his..faciltty have made a mockery out of the Sherlff's Office and ~tSsioner Masse, who also came to his home to investigate this ....0ount¥ Attorney Cuyler advised that the Noise Ordinance allows for ypes of noises within certain ranges, and noted that the Co.lesion has determined legislatively what the appropriate ranges - Ms related that the Sheriff's Office, in the course of enfor- 'cement, has determined that these levels are within those to be ?Co~lissioner Volpe remarked that perhaps consideration should be ~given to the hours of operation for outdoor entertainment. He i<recalled that when certain recreational activities have been approved, ~ihours of operation have been imposed due to the potential for a '11disturbance to the surrounding residential neighborhood. Commissioner Hasse indicated that sometimes issues of this nature lye to some people but not to others. Co~mtssioner Shanahan expressed that he is under the impression 83 ~..; Page 24 '2 i'.: ' February 26, 1991 Noise Ordinance is extremely tight and that any offensive would be covered under same. He related that 46 to 48 decibels considered loud, by any definition. Commissioner Volpe stated that he understands that the President ~<of..the Golden Gate Civic Association Is also working on this problem :':':>~d'perhaps the hours of operation or other solutions could be worked the management. Mr. Mitchell disclosed that the owners of :thts..b~siness live in Canada and the manager leaves each day at 4:30 ;;:., P. M .. ~ii~<Mr,~George Keller remarked that chickee huts, because they blend ;Ical areas, are becoming a rage in Collier County. He ~.f~%lggestsd that the Commission consider enacting a law, prohibiting ~tc in open buildings unless a permit has been obtained. He indi- Cated that even if a decibel reading registers at 46 - 48, it is for people to have to listen to this music every night. Mr. Mitchell advised that when he spoke to the Sheriff, he was informed that his hands are tied. He requested that the Sheriff's ~'be 11ntied and given a chance to alleviate this problem. ':??ii~l~;~ ~ ~ of the Couisston that Commissioner · ~Kito~ this situation ~d ~rk with the President of the Golden ~¥.;~t~ {l~i~ ~t~tton to ~11y arrive at a solution to thts &. ~X~, ~ENTING MIOHELBOB'$ RE SIGNAGE - DETERMINATION ~F~X~ ~ATIV~ PIECES ARE NOT TO BE CONSTRUED AS A SIGN TO -~ ~ t~[T~ ~[I~B' $ OR ANY OTHER CO!~ODITY Ms. Marsha Gibbs addressed the Commission and detailed the followin~ with respect to violations which were issued: contents of si~n by Airport Road; and "Coke" items on the outside of her She explained that at the time she was issued a Notice of ~..the Investigator indicated that this is no big deal and ~'she merely needed to go to the County and obtain a permit, i. however, upon doing so, staff would not accept the permit. She noted she was informed that she could permit two of her signs, but the 8i Page 25 f,'[.i[..: February 26, 1991 had to be removed. 'Ms.'Gibbs advised that the subjects of the violation are antique, .collectables, that ceased to be signs a long time ago. She explained {he entire restaurant is decorated in "Coca Cola" items, i.e. I, coolers and signs. She indicated that she has no ob3ecttons ;i.'to obtaining a permit and paying the required fees but does not wish [:'tO r~ these items. :With respect to the contents of the display sign, Ms. Gibbs stated that,.she believes she is exempt. Calling attention to Page 10 of the ~'][ Si~TA Ordinance, "P", Ms. Gibbs revealed that "copy changes for shopping centers, theaters, billboards or marquees that have routine h&nges of copy or are specifically designed for changes of copy..." i'~nd"noted that this is specifically what her sign actually is. Ms. Gibbs pointed out that on the day she was cited, her sign ~{~! read: "Our sauce now at Wynn's Market." She disclosed that she here barbecue sauce and is sold in that particular grocery She remarked that the contents of the sign is changed every ..3 ~'Oustomer Services Permit Supervisor Wtlver stated that if all five .'.::'?' it). signs are within one framework and meet the 20% criteria, they would legal. He advised that he interprets that these are in fact signs :~d'no~. decorative items. He further noted that the complaint that ~nvestigators responded to, was that Ms. Gibbs was advertising o~1 ch~es on her restaurant sign. Ms. Gibbs replied tha~ she per- /'~ sonally, has never advertised oil changes. · Oo~issioner Volpe related that it appears that staff is merely [~t~in~ to do their Job since there Is an ordinance and they observed violat~ons. He stated that a determination needs to be made as to whether there may be some type of exception that would address the of "collectables". He expressed that if these are decorative ~[/orn~ents, they do not apply to the Sign Ordinance. h Mr. Wilver replied that these are definitely antiques but they do ,m~rtAse a co~odAty that ~s sold today. .::.-, February 26, 1991 ::'County Attorney Cuyler advised that if these items are not signs, ~the¥ are outside the scope of same. ~./ Com~issioner Volpe announced that he is prepared to make a deter- [.minatfon in this instance that the three signs, positioned where they are, are in fact decorative and are not signage within the meaning of the Sign Ordinance. ,. ~' ~ ~ved, meconded by Co~uatsmioner Voll~e and m ~ ~ ot~r c~ig that im mold on the pmleem. 11*~*w~.&L COMPA!~ !~ _S~a~OOW DISPLAY - MO AC'.rZON !~r. Mike Genovese, of Taylor Rental Company, stated that in January, the Sign Ordinance was amended, thereby deleting tether inflatable balloons. He explained that last fall he inquired to Mr. ~.-. Wilver as to the current law relative to these balloons. He noted i:that he was Informed that there were no problems at that time and no changes were anticipated. He revealed that he then invested approxi- ~tely $10,000 for various balloons, and shortly after that he pro- ~eded to pull a permit but was told that these balloons were no :~ongmr legal. Customer Services Permit Supervisor Wtlver divulged that Mr. Genovese did speak with him and he did advise that at that time, the ~'O~d~nance d~d allow tethered balloons for a two week period. He el~plained that in the interim, five public hearings were held and g those hearings comments were expressed relative to this sub- i~'Ject,- and they have been eliminated from the Ordinance. [- Mr. Wilver reported that several advertising companies did attend · ~."- public hearings relative to the Sign Ordinance, but noted that representatives from Taylor Rental were not in attendance. Plallner Hoover reminded the Commission that the deletion of ,~ tethered balloons from the temporary sign section of the ordinance was discussed at a public hearing on October 4, 1990. He indicated that " Page 27 ~',, ~ . February 26, 1991 P, as a planner, he does have a problem with balloon signs. He called ~;. ~ attention to Hlllsborogh County and noted that one may observe In his ,. as many as 10 balloon signs and aesthetically this resembles a carnival type appearance and downgrades the streetscape of the com- ~tznity. He advised that the 1989 edition of the American Planning i~;>-Aeeociation manual prohibits Inflatable signs and tethered balloons in !..id:atzed communittea. Commissioner Volpe cited that the issue of safety is equally in terms of how these balloon type signs are secured. ., Pl~rmer Hoover stated that he discussed safety Issue with Code 'Compliance Supervisor Clark and he does not believe that they are safe in addition to being a visual distraction to drivers. h .~ Conissioner Shanahan indicated that his concern is that the ~possibilit¥ of deleting tethered balloons from the ordinance was not discussed with Mr. Genovese when he visited the Customer Service Department, prior to making purchases to go along with his business. 'With respect to the issue of safety, Mr. Genovese reported that to the beet of his knowledge, there has never been any problem in Coillet ':~%Cottnt~ or Lee County with regard to personal injury or property damage ~rO~ a balloon. '-In answer to Commissioner Volpe, Mr. Genovese stated that Taylor ~ Rental is a rental company that rents anything from party tents to .;eqlltpment but they are not a sign company. He related that he has .neve~ classified these types of balloons as being signs. .. Commissioner Volpe questioned whether Taylor Rental has a location ::; in Ft. Myers, to which Mr. Genovese replied that there is a Taylor ~'Rental in Ft. Myers since these are franchises, noting that that bust- ~;~ heSS is not associated with the Naples company. Community Development Services Administrator Brutt stated that ~ ' staff communicated rather thoroughly with the advertising industry. ~ He explained that a representative from one of Naples' sign companies · ?~7. attended and spoke at every public hearing that was held. He tndi- cared that he is surprised that an individual who is p~oposlng to make Page 28 February 26, 1991 i[UJOr investment has not followed what has taken place with respect to the Sign Ordinance. He announced that the Sign Ordinance allows a ?:.certain amount of signage on the front of a building in relation to the flor &rid various other things and when these balloons begin to pop they are offensive to the community. He revealed that some com- ~%~nlttes that do allow tethered balloons only allow them to be a of. 15 feet. ' Commissioner Hasse concurred with Mr. Brutt's comments but noted that it appears that Mr. Genovese was not informed that the sign ordl- i~i~nmnce was in the process of being amended. ~Mr, -Genovese requested that the Commission amend the ordinance to ~" reflect' the previous language which allowed the use of tethered balloons. He stated that he believes that hls discussions with County ~staff were misleading, and therefore, he proceeded and made the ~<~11vestment for the balloon. He noted that Taylor Rental is the only in Collier County that rents these types of balloons. ~o~lss~onsr Hesse suggested that M~. Genovese sell the tethered i/loon to another community that allows them. !'l:111X'Z' 91-2, ':" ' I~ ~ I~]'<)~IT~ON, INC., TO CONDUCT A CIRCUS ON MARCH 1, 1991, ON I1~1~.~ O:1' ~ ~43ND ~ OCCUPATIONAL LICENSE FEE Community Development Services Administrator Brutt stated that Item is a request by the Collier County Agricultural Fair and · Inc., to conduct a circus on March 1, 1991. He advised compliance has been met with regard to all codes and ordinances. tireported that staff is recommending approval of the permit, subject ~o consideration of the waivers for the Surety Bond and Occupational cenee Fee. S~.~ moved, ~econded b~ Commtsslonex' Hm~e ~d :rarely, to a~rove C~tul Petit 91-2, ~bJ~t to the .,';~.?~:.:1t~ f~ t~ S~ety Bond ~d Oc~pattonal License Fee. 88' Page 29 February 26, 1991 I~t~C~D~ PItIPAP~?ION OF PLANS, SPECS AND BIDDING I~R ~ ~ IN QOLDEN Q&TE ESTATES A~D CO~Y Transportation Services Administrator Archibald advised that this item is a report on the GAC road improvement activities and a recom- men~&tion for continuing certain activities. He revealed that last !year,'the Commission directed staff to proceed with the upgrading of 18 limerock roads in Golden Gate Estates. He noted that those roads have all been upgraded as indicated in the Executive Summary. ~. ,. Mr..A~chtbald stated that in order to upgrade the 18 roads, a por- tton of the principal of the GAC Trust Fund was spent. He reported that this year, staff is coming back to the Commission with another priority list and a recommendation to utilize both interest and a :Substantial amount of the remaining principal to upgrade seven of the .!i. highest prioritized 11merock roadways. He requested approval of the ?:prioritized list and that staff be directed to prepare plans and spe- i~fl:~a~tone for this p;'oJect. i'.Wtth~respect to the status of creating a MSTU for the Golden Gate Estates area, Mr. Archibald remarked that staff is In the process of completing all the legal descriptions of those portions of Golden Gate , north of $R-84. He explained that the areas to be included legal description of the MSTU are any properties fronting on ~fltmsrock roads that existed at the tlme of the tmar,~f,r of all of the .roadways to the County in 1978. He reported that staff will be coming back to the Commission within 60 - 90 days with the appropriate reso- :7,? ~Itlons for the creation of a Taxing District. He related that the need for the MSTU is to replenish the original principal which was y $1 million. <%~:In;answer~.to Commissioner Hasse, Mr. Archibald stated that staff 'has already taken steps of drawing down the principal and therefore, the interest that will accrue wlll be very small. He announced that i he-recommends that staff pursue the creation of a MSTU and the · '.~ ,, Page 30 February 26, 1991 ~ssion can then determine the level of taxing of the people that would benefit from those improvements. Commissioner Volpe voiced concerns regarding the depletion of the fund without knowing for certain that a MSTU will be created and then same at a certain level. He stated that he would first like to,know that there is support from that community or from the members i~?..'of the Commission to ensure that the MSTU is in place. Commissioner Goodnlght recalled that when the $1 million was Ired for the roads, there was a cap on the houses, and in the !~e&n~ime a petition was received from the residents in that area requesting that improvements be made to the roads either by a MSTU or from the 1¢ sales tax. .. Co~miss~oner Volpe questioned whether the people ]n the Golden i.-i~'-Gate Estates area within the proposed boundary are prepared to pay a special assessment to improve the limerock roads, and if so, at what level. Transportation Services Administrator Archibald suggested that the Co~"mission keep in mind that the focus is on a road network that is *rimarlly on a local road network. He indicated that the work that is ~ the limerock roads will only benefit the people that have pro- perties along those roadways. He noted that the County-wide assessment will address the arterial road network that everyone uses. '?'~':.' Com~issioner Volpe divulged that the people in this area believed GAO was to have Installed the subdivision improvements but they 'did not follow through and these folks have been left h~gh and dry and now they are having to pay for these types of improvements and there- fore, there may be some type of resistance from the community. ,'~' - Mr. Archibald advised that staff can follow two routes con- '.~:;'ic~rrently: proceed with the preparation of plans specifications and bidding and at the same time attempt to define the boundaries in , prepare the resolutions, and bring same back to the ss~on. He agreed that he is certain that many of the people in Estates feel that the original developer established a trust fund Page 31 February 26, 1991 sufficient money to pave those roads, but that is not the case. :.~11~i~ I~z~mhmn m~::m~d, s~onde4 by Coatsstoner Volpe that ~ wi~ ~ p=~mtton of the ply, ~ctftcatt~ ~d k'btd~i~g ts~ l:i~erock the roads and concurrently, prepare the tnfor- present same to the Coalssion. Mr. George Keller, Collier County Civic Federation President, stated that this is a bigger problem than the Commission realizes. He 5;.i. ~i:.noted that a portion of the GAC Trust Fund has been used In the past improve certain roads, and the people with unimproved roads that are going to be taxed through the MSTU, will not be pleased. ~.: Mr. Archibald explained that in order to create a level playing · the first thing that must be realized Is that in 1978 when those roads were transferred to the County, those roads that were of a limerock condition at that time, should be the basis of the taxing "':?' district. He noted that everyone will be paying their fair share. ~i~e-;~,,.':~lll~Olt~ll]. for the question0 the motion carried unanimously. Administrative Services Administrator Ochs stated that this Item iS & rsqllsst to approve a taxicab color scheme change for Gllot Taxi '!~?Company. He indicated that any color scheme changes are to be approved by the Board of County Commissioners. ::~ ... Mr. Ochs advised that on November' 5, 1990, the Public Vehicle .Advisory Committee initially reviewed the requested change and )roved same, but subsequent to approval, a competitive cab company :~:asked the PVAC to reconsider their action. He noted that at the i:meeting of February 7, 1991, the PVAC reaffirmed their recommendation .to. approve the colo~ scheme change. ?.-~.l~.-Ochs explained that the reason he requested that thtu Item be x'elaovsd from the consent agenda is that the competing cab company :?'owner reqxlestsd an opportunity to address the Commission today, OO0 , dOi Page 32 February 26, 1991 r he is not present. ~Mr. Ochs stated that staf~ is recommending that the color scheme be approved. '~-[~In answer to Commissioner Hasse, Mr. Ochs replied that when a cab "l~kes application to ~o into business, a submittal Is made for {~ ' ~he redested color scheme and the PVAC along w~th Fleet Management ;;S~mff~r~ews same and they use their o~ aesthetic and design exper- ttSe,~O approve the colors to ~m the t~lcab color sche~ c~ ~ ~lf~cate of ~l~c Coherence ~ Neceee1~ ~lder ~ ~fe ~1let D/B/A Gllot T~f '~:?:~t':'. ~~Z~ ~ ~ & CO~ ~R ~ZD RO. 90-1553, A~t~tant ~o the County ~anager 0111E~ explained that ~hl~ l~em · hOul~ have bee~ continued at the beginning of the meetfng, since he~r~ in conjunction ~tth I~em ~6C10 ~hich has been continued .., .-.~ ,~ ~aml~rs moved, secondsd by Co--tsstoner I~, to contim Ire--~3H1 to 3/12/91. ~ ICARD, Iq~tRILL, CULLIS, TIMM, FURRKN & GINSBURG, .. ~l~ ~ ~R ~ ~IS OF ALTKRNATI~S ~R ~D ~ ". ~~~ OF ~~LE HOUSI~ LIEGE ~E ~ REG~TIO~ - TO BE ~.' .....~ ~ 3/19/91; CO~ A~O~ TO DKTK~I~ IF ~IONS C~ BE .:.~?? Assistant County Manager McLemore explained that through this staff is attempting to develop an Affordable Housing Linkage Fee would provide funds for impact exemptions. He noted that the of Icard, Merrill is familiar with the Affordable Housing and y Bonus Point Ordinance and through the subject contract's scope .Of:services, policy issues and the level of funding will be brought back to the Commission. Page 33 ';:'"'i/",:':". February 26, 1991 ~,~ (' .. ;;';' Gommtsetoner Volpe pointed out that there is pending legislation and other alternatives and questioned whether it is advisable to spend :~$37,000 for a consultant to 'establish some linkage to set up another fee. Commissioner Saunders called attention to the Scope of Services, :.Page;5 of 5 of the Agreement and indicated that possibly the County Attorney's office could provide some of these services. He suggested that County Attorney Cuyler contact the City Attorneys from Orlando and St. Pete to determine what other communities have this type of ag~ent. He reported that he does not see the justification to hire an o%ltstde law firm to perform a list of tasks which indicate that these;:fllnctions can be performed by staff. Co~missioner Volpe concurred with Commissioner Saunders' comments. In addition, he questioned the need for this agreement noting that ithereare other alternatives on the horizon. ~-,':. County Attorney Cuyler stated that he has always attempted to have his office prepare the various ordinances particularly in taking over the fualctlons for impact fees, but noted that he has tried to stay iL'.' away from the Nexus. He indicated that many communities have requested !.j!;.itmpact fee ordinances from other entities and brought it back without separate analysis and found themselves In trouble by doing so. He )lathed that he is uncertain whether his office has the expertise to ;:. do · Nextas evaluation. Commissioner Saunders remarked that there Is !~;nothlng In the proposed budget or the list of tasks that indicates %hmt there is to be a Nexus study conducted by this law firm. i: ,County Attorney Cuyler replied that he understood that the term #linkage" is being used rather than "Nexus" · .Isststant County Manager McLemore reported that the Linkage/Nexus .would be developed through legal research and then presented in order to.make policy decisions. ,sstoner Goodnight pointed out that the proposal that will be · presented to the Commission is to provide a mechanism to exempt affor- 000 106 · .: P~£ Page 34 ~'" · February 26, 1991 dable hou~inG impact fees, linkage fees or any of the other fair share :basks. '~h.:Hr,~.HcLemox.e explained that the intent of the end product is a fee ox.dinance which would allow fees to be assessed against ~.::-meal px.opex.ty and to develop a trust fund that those monies would flow to '1~ used. , i~:" 'County Attox.ney Cuyler advised that there are already exemptions fox' Ampact fees but the question is who will be paying those monies that now come fx.om the General Fund. ',: In answer to Commissioner Saunders, Mr. McLemore replied that based on discussions with the County Attorney's Office, he has been ~nformed that they have been directed to draft a number of Impact fee ox.dinances and present same as quickly as possible to the Commission. ~e noted tha~ he under~tands that County Attorney Cuyler's office does {?>'not have the resources available to undertake this task especially as ~t x.elates to the unique nature of this fee. Go~lssionex. Saunders stated that he is under the impression that Go~I~:¥ Attox.ney Cuyler has not Given sufficient review to what is actually involved with the contract. He suggested that this item be i:~i continued to Give County Attorney Cuyler the opportunity to review the ':-tasks ~d advise as to whether an outside law firm is needed. ~:l~' Shanahah ~ove~, aeconded by Commissioner Saunders ~d ~1~, ~o c~ttnue thts ~tem ~ttl March 19, 1991, ~ atte~ ~ler the op~r~lty to revt~ the ~ ~temt~ ~etber ~y or all ~ctlons c~ ~ ~1~ ~-~W ltto~ to contact City At~o~eys in St. for ~ relatt~ to w~t ts involved in ~etttn~ up '-~ D~%~D, WAIVING NOTICE REQUIR~I~IFTS; ORDINANC~ 91-22 XJJCJ~.J~SX]rO ~ Jq~qBK~SHXP ~ 15 ~K~ FOR THK PKLIC~ BAY ~XCIPAL ~~ T~X~ ~ B~FXT ~IT A~ISO~ CO~XTTE~ - A~KD; ~KRS ~ ~ ~ ~ ~ LIST SU~I~ED BY THE ADVISORY C~I~E ~ Gouty Attorney Guylet advised that his office has prepared an ordinance which implements the Commisston's direct/on of suveral weeks 000 , 107 Page 35 . .. - February 26, 1991 agO.. He indicated that this ordinance needs to be adopted as soon as possible so that the advisory board may proceed and therefore this is 'being presented in the form of an Emergency Ordinance. C~m~eat~ion~r Volpe m~ved, seconded by Commissioner Shanahah and :Xi !...' ~F~t~ ~l~u~ly, to declare an emergency and waive the notice Attorney Cuyler stated that there are proposed to be 15 for the Pelican Bay Municipal Service Taxing and Benefit Unit Committee. .i-/.~-Co~issioner Goodnight indicated that the ordinance, as previously ,. ~i~ten, included two alternates but they did not have voting privile- .-Commissioner Volpe explained that he would like to see the pre- ~'.) vious two alternate members serving on the committee. .~t~ ~ ~tered Into Ordin~ce ~ok No 43: 0RDIN~CE 91-22 AN EMERGENCY ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 90-111 CREATING THE PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT BY AMENDING SECTION SEVEN TO ADD SIK ADDITIONAL MEMBERS TO THE PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT ADVISORY COMMITTEE; REVISING SECTION NINE BY PROVIDING THE TERMS OF OFFICE FOR THE ADDITIONAL MEMBERS; AMENDING SECTION ELEVEN BY REVISING THE NUMBER OF MEMBERS FOR A QUORUM; DECLARING AN EMERGENCY; PROVIDING FOR CONFLICT AND SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. Co~umissioner Saunders questioned whether advertising is required to solicit for the additional members to serve on the committee, to :i..;which County Attorney Cuyler replied that he does not believe that the ordinance mandates additional solicitation. ..... .oc d by Comm ..i or S ,r. ~~-~ will ~ c~idsr~. '' ~TI[O~ OF COLLIER COUNTY ~NERGENCY SERVICES' REQUEST FOR A Commissioner Shanahah related that it appears that there is suf- reason to reconsider the motion to approve the Mobile Command ,~i" POSt.' He reported that previously, there was evidence that the VShicle could be purchased for le~s morley and clos~ to equal quality. Servicee' re~ueet for & Mobile Command Vehicle on County Manager Dotrill stated that the vehicle to be discussed is ~.& 1969 Grown Coach bus, originally built for the U.S. Post Office ~i which was used as an over land postal sorting center for Interstate type mail processing. He reported that the vehicle has several ;hundred thousand miles on it but noted that the engine was rebuilt within the last 16,000 miles. He pointed out that there are a number /: of other mechanical issues that need to be resolved and advised that ~'?. he has asked the Fleet Management Director to look at the vehicle and provide an estimate for the needed repairs. the qu#tton, th~ motion carried ~tmly. ~~ ~ FIN~ P~T OF 'RI~D ~, ~IT 4, ~ ~ELXNZN~ lOGICINC[ OF TN~ ROA~AY, D~XNAO[, County Manager Dorrill requested that Items 12B and 12C be con- tinued for one week. He reported that he has been unable to determine {i/who delivered these items to his office this morning. C~i~r Sl~nnahan ~oved, seconded by Com. isstoner Saunders and ~-":. ~1,'ril4 lmanimo~sl¥, to continue Item 12B to 3/5/91. ~~r ~ ~d, oecond~ by Couissioner Sa~ers ~d ?.~~~~ly. to con~i~ Xtem 12C to 3/5/91. ~:.~ ~ ~R X~LKK ~XG~OOD S~VICKS ~R ~OD ~:':t; ~~~ ~ ~~; ST~ TO ~KP~K BU~KT ~ T0 Co~uaissloner Goodnight reported that she received a call from Anna ton advising that food will be delivered for the Immokalee 000 109 Page 37 February 26, 1991 Neighborhood Services tomorrow. She noted that there may be two truck ::' loads of leftover food that needs to be disposed of and requested i.~%':that the tipping fees be waived at the Immokalee Landfill. · ":.L""In answer to Commissioner Hasse Commissioner Goodnight explained that food is brought in from various parts of the State of Florida, · and much of it is not edible, i.e. moldy bread, etc., and these are items that would be disposed of. ~tSst~r ~av~lers mov~l, seconded by ¢o--tsstonsr Volp~ ~d ~:u'~t~ ~ ~1~ let~r~d Se~lc~ ~d staff to pros a ~t to mi~ Soli4 W~te. ~ ~ ~ ~ OF $~9,~00 IN ~ CO~ISC~D ~UST Lieutenant Byron Tomlinson of the Sheriff's Office advised that ~..this Item is a request for the continuation of funds for two Youth Relations Deputies salaries and expenses for the remainder of FY ~'.- /91. He stated that funds were originally projected to cover a six month period for the two Deputies, but noted that subsequent con- fiststed funds and additional carry forward funds have become available. He explained that this is a continuation of an existing :atton program and not an addltlon of staff. Lieutenant Tomlinson requested that the Commission approve a ~ budget amendment in the amount of $29,200 to fund the salaries of two Relations Deputies. ?.,'~:' ~ ~ TO RteCO(~NllE ADDITIONAL FISCAL %'FAR 1989/90 ~'.'-~$~. C~&~IZT FOi~t&~D ZN T~Z ANOUNT OF $324,116 IN ~E CO~ISCATED ~UST · ' 'Lieutenant Byron Tomltnson of the Sherlff's Office Indicated that this is a request to obtain approval from the Commission for a budget .;.~.~ February 26, 1991 In the amount of $324,116 recognizing FY 89/90 carry forward for the Confliscated Trust Fund. He related that this budget amendment iS needed to reflect the actual audited carry forward of funds '~,:'.available at the end of FY 89/90. prior fiscal year carry forward in the ~R ~E COLLIER C0~ SHERI~'S 0~ICE - :,i - ':: . Lieutenant Byron Tomltnson of the Shertff's Office requested )reval of a budget amendment In the amount of $21,200 for the .pllFchase of specialized protective wear for the Collier County Shertff's Office. He advised that the considerable increase in actt- -'vtty nationwide related to the Middle East Conflict, as well as ~i;* increased public functions throughout the County indicate a greater ~i'. ~ ~isk to Law Enforcement during crowd control events should they expand '. to 8nythlng beyond peaceful sltuatlons. :. ' ,Lieutenant Tomllnson pointed out that currently, the Sherlff's does not have protective gear to respond to these situations. · i:!.:.. He reported that the requested monies would provide a 50 unit set of ...:i;,;~ the gear necessary to respond to these situations. ~'~. O~t~lo~r Shanahen moved, seconded by Commissioner Hmooa and :,~ ....~z-rlg~mtmo~mly, to appr~e a ~d~et ~en~nt in the mt of · $~,~ ~ ~1~ ~taltzg protectt~ ~tp~nt for t~ Shortff's ~,~M~[II[~ I1[ T!~ AMOUF[ OF $24,100 l~R T~E ~~E Off NI6~ Lieutenant Byron Tomltnson of the Shertff's Office affirmed that that this is a request to seek Board approval for a budget amendment In the ~o~t of $24,100 for the purchase of specialized night vision Page 39 February 26, 1991 He indicated that approximately 8§% of all special unit call-outs occur at night and night vision becomes essential to the ~- safety of the responding officers. ,Lieutenant Toaltnson advised that funds are available from the prior year's carry forward for this budget amendment. ~-,?.~... ~~ ~ ~m~, s~conded t~ Co~asion~r Saunders and to ~pprov~ · tmd~t ~nd~nt in the ~t of C~IC~TIO~ Co~tsstoner Saunders stated that routine water/sewer acceptances arm fre~ently added to the agenda as "emergency items". He reported /that he does not believe that the Commission has ever dented a routine ,!.~ter/sewer facility acceptance. He Indicated that he does not feel' /.',that the Co~u~lsston should hear these items and suggested that they be (.~approved admtntstrattvely. ' ~?:i: i,': .~ounty Manager Dotrill reported that he concurs with Commissioner {>.Saunders' ~ggestton, :.;'Co~ty Attorney Guylet advised that he will look into this issue, ,noted that the ordinances are not written as such. Co~tsatoner Saunders stated that he has had meetings with the leaders of the Black and Hispanic community concerning the situation iii', that was presented a couple of weeks ago. He affirmed that within the next several weeks he will be presenting to the Commission a proposal ,. regarding the establishment of a minority affairs commission. Commissioner Volpe requested an update on the status of the "discussions with the Baltimore Orioles. County Manager Dotrill advised that he met with Mr. Weber last and endeavors are continuing to obtain loca] investors and to include the current owners of the property. He indicated that a reso- )i'.,,lutlon to this matter is expected in the very near future. In addi- tion, he related that one of the leading tenants of the proposed ,ro~rs~ent was that whoever the development entity was would have to 112 age 40 ~' ' February 26, 1991 ~.be the guarantor and provide the secondary pledge for the debt service on the bonds. He noted that there has been no progress in this regard. !:::e(i ....County Manager Dotrill stated that Mr. Weber related that the current purchase option contract on the two sites runs through April let and they are endeavoring to have a final proposal submitted to the County prior to that date. Olwrk Jkrrighi replac~l Deputy Clerk Hoffman at this time*** Commissioner Shanahan expressed his concerns regarding the establtslunent of a mechanism to fund the infrastructure that the Co%%nty has committed to. He pointed out that two years have Gone by, leaving the remaining three years in which to accomplish the commit- ment the County has made before the County becomes non-concurrent. He strongly encouraged the Board and staff to make a decision quickly on a method of funding for completing this task. County Manager Dotrill stated that a report should be available within three weeks regarding · the evaluation of the County-wide road assessment tax which is a major of this action, and he added that the second hearing on the Stormwater Utility Ordinance will be in one week. l~ $~~D FOR TR~ P.,IkRCH 12, 1991 !']~'ETI~ - NO County Manager Dotrill pointed out that there are 16 public !"'.hearings scheduled for March 12, 1991, where: the orJ{Jlnal plan Is to have DO more than 10 per public hearing week. He advised that public ; hearings may need to be scheduled every week In order to eliminate the backlog that has been created. ~ $~~ AT ~ S~ST CO~RY DAY S~OOL - DICTION ~R Dr. J~e Kern, Director of Seacrest Country Day School, stated .~.that;she Is speakinG on behalf of the students, the parents, the February 26 1991 i~'faculty, and the Board of Directors to discuss the concerns regarding safety at the Unity Way and Davis Boulevard intersection She pre- sented a brief background of the considerable growth of Unity Church and Seacrest Country Day School which are located on Unity Way. She . explained that the school Is a nonprofit, nonsectarian, Independent school with many of the students attending on scholarships. ~;~,~,,"':Dr.~ Kern pointed out that with the amount of growth the school has experienced there has become a significant safety hazard at the said intersection with some minor accidents having already taken place, and added she would not want to see them get worse. She declared that ii~iJShe w&s very surprised to find that after the four-inning of Davis Boulevard, no provisions have been made for a cut through in the medlan for Unity Way resulting in the cars and buses having to go to the light at Davis Boulevard and County Barn Road and making a U-turn, nor have there been any provisions for a decalstation lane or a right ~71 turn lane from Davis Boulevard onto Unity Way, nor a traffic light provided, nor a minimum speed sign or a school sign. She advised that "Seacrest Country Day School fs the only public or private elementary/ ' m~ddle~school with none of these safety provisions provided. She informed that the school is not considered large enough by the County to ~nvoke an all day traffic signal which she understands; however, she pointed out that something needs to be done for safety purposes because of the serious problem which will be incurred during morning rush hour and again later in the afternoon on Davis Boulevard. She exl~latned that the school does not have the funds to hire a someone from the Sherlff's department to direct traffic at the subject inter- section every day, and added that the Sheriff's department indicated that they are reluctant to place a deputy at this Intersection for this pllrpose because of liability reasons. She concluded that she is ~:&ppamllng to the Board of County Commissioners for help in resolving thievery dangerous situation. In response to Commissioner Volpe, Dr. Kern informed that the sub- ~ect issue has been discussed with the Board of County Coaunlssloners' 000 :'~:'i Page 42 February 26, 1991 ,' the Sheriff's Department staff, and various County Commissioners over the past eight years. Barbara Barton stated that she has two sons attending Seacrest Day School and noted the serious problem that exists at the intersection of Davis Boulevard and Unity Way. She related that it seem unrealistic that once Davis Boulevard is four-laned she along with approximately 200 other cars and buses will have to make a U-turn "-.'&'t Dmv~s Boulevard and County Barn Road in order to get to Unity Way. %'She ~e~lained that in her research she has found that in the public school operating budget they allow $4,600 per child per year which is not being spent by the County Government on the children that are i~/~ attending Seacrest Country Day School, but she added that the taxes are the same for the parents of the children attending Seacrest .Countx7 Day School. She explained that the savings being incurred by the Co%Lr~ty by the children attending Seacrest Country Day School could be used in part to provide safety for these same children. She pointed out that other schools have been provided a cut through in the ~.~ ~Co~issioner Volpe pointed out that this is a State road in q~estion which does not allow as much flexibility for the Commissioners in addressing the problem as wou~d a County road. ~'. ~n response to Commissioner Saunders, Mr. Archibald asserted that the road in question is a State road, and the County would have to gain State approval for any recommendation for change to their plans Commissioner Saunders suggested that an expression of concern ~ re~arding a cut through in the median on Davis Boulevard after the four-~ning by the Board of County Commissioners to the State would be beneficial. :., ~ Commissioner Shanahan pointed out that the subject matter has beer~ discussed with the State FDOT regarding median cuts, signals, etc. He added that action should be taken regarding signage for the school. ,Corbin Wyant, parent of a Seacrest School student, informed that over the past five years he has witnessed significant growth at the Page 43 February 26, 1991 resulting In a traffic problem. He pointed out that the safety situation at the subject intersection is becoming exceedingly dangerous and affirmed 'that they need the Commissioners help in ~..~ addressing the problem to the FDOT before there is a fatal accident. Tiffany MacNtven and Gillian Barnard, students of Seacrest Country Day School, appealed to the Commissioners for their help in solving problem. i:-~i!/, ,.'--John Passtdomo, parent of Seacrest students, stated that he has worked with Transportation Services Administrator Archibald in trying to arrive at a solution to the existing problem at the subject inter- ,,section an~. is here to present it In order to obtain support from the : Board to address the issue before the FDOT. He explained that the fo~r-laning Is scheduled to be completed in the fall of 1991. He informed that the solutions to the problem include a traffic signal at intersection of Unity Way and Davis Boulevard, consideration of a 20 mph school zone for the subject area, a median cut to permit a left hand turn from Davis Boulevard onto Unity Way, and the possibility in . the future of a left hand turn from Unity Way onto Davis Boulevard. He~indicated that the proposed improvements are noted on the drawing with the executive summary. He requested that the Board sup- proposed improvements and present It to FDOT asking that It '~:,".' be considered for incorporation into the existing project. He noted that eld-nags on Davis Boulevard to acknowledge the presence of the school should be provided. He requested that the Board also consider at least during the construction of the widening of Davis Boulevard '.that a 20 mph speed zone be Imposed on Davis Boulevard in the imme- diate area of Unity Way. .' .In:response to Commissioner Volpe, Mr. Passidomo informed that the i~'poesibility of an interconnect with the Falling Waters' PUD has been discussed with them, but discussions have beer] closed unsuccessfully. Commissioner Volpe suggested that an alternative could be to have ~a fronta~ road connecting to County Barn Road or to Santa Barbara z/Road.- Mr. Passidomo concurred, however, noted that there is no Page 44 February 26, 1991 existing right-of-way to be used for this purpose. O~%mt~r Sm~ders m~d, Co---lssloner Shanahah seconded, that [m ~ gl~ to the Chairman to send a letter to the florida '~t of ~l~rtatton r~Iuesttng the following: 1. & madtan ~-~t ~ ~t~ on Davis Boulevard for a laft turn In only onto Unity docelermtlon lane be provided east bound on Davis Boulevard onto Unity Way; 3. Appropriate signage be provided xone in the npproprlate loc&tlon; 4. Consideration be fl~shing caution light in the location of Unity W&¥ and and that the County ComRteston request the [l~nntng Organization (NPO) to urge the Ilsrid& l~8~mf~ntlt>of TTmsxgportatlon to mmlc~ the stated Improvements. 'Transportation Services Administrator Archibald indicated that the ' County Is In a good position to Implement the recommendations proposed because Davis Boulevard is in the process of construction now; there- '~21. form/ changes can Incorporated at a minimum of cost. He stated that he will complete an interim design and meet with FDOT with the pro- improvements and bring back to the Board the results with the 'i~:posstble costs as well as how these costs can be shared. He reported that he will work with the State to provide for an advance intersec- tion signing as well as a 25 mph advisory speed plate signing. · OomeilooloneF Saunders eraended his notion to Include an advance ::J.~.t~SZ"~tton nlgl~lng with a 25 ~h advtsou s~d st~, seconded ~ <: Commissioner Shanahan stated that as Chairman of the MPO he will the letter to FDOT. He suggested that if Seacrest School is requested to share in the cost, they be allowed to spread the costs ;ov~r~some period of time. Mr. Archibald indicated that he will pro- some detailed cost estimates from the contractor doing the work to the Board, and a decision can be made at that time as to what could ilbO subsidized and/or funded over a period of years. .- 'Gomlstssioner Saunders specified that it should be determined February 26, 1991 '~'whether the FDO? will provide the funds for these improvements before alternate funding is decided upon to which the Board concurred. .-13. Page 46 February 26, 1991 ~&TZO~. ,BY Sl!KRZFY DON H~FTER o~ SHER~FF'$ OPERATXOWS Sheriff Don Hunter stated the presentation is a broad overview to ~.t'' · .bring the Commissioners up to date on the Sheriff's Department opera- ttons. He commented that he will point out some of the things they are doing right and ways they are saving money in this time of revenue a o tfans. Sheriff Hunter pointed out that the crime rate is down 15% com- pared to 1989; however, arrests are up 22% which impacts the jail ::'~i:'capacit¥. He noted that calls for service are up 12% compared to 1989, but the clearance rate is at 22.3% which is very good. He advised that there Is a conalderable amount of civil paper process .that the agency must cover. ~? - 'Sheriff Hunter commented that due to the increase of arrests the · County should consider in the near future minimum security and treat- ment facilities. He related that resources should be targeted toward i:'i'~the worst type crime offenders including repeat offenders which stu- dies show represent approximately 10% of the criminal population. He reported that drug related asset seizures are up 80% from 1989. Sheriff Hunter noted that the "neighborhood watch" groups have been a great help to his department and are growing in number. He noted that a senior citizens hotline has been established. He reported that selective enforcement teams have been organized to ;' hsuldle the variety of crimes and have been very effective. Sheriff Hunter explained that his total staffing is 704 personnel with 206 people non-certified and 498 certified and 50 of the cer- ~,11~tified are dual-certified. He advised that these figures show that ~'~ '~71~ of his force is crime control, security and custody compared to a s~all percentage being clerical or administrative. He noted that his has received 12,000 hours of volunteer time which is an approximate savings of $27,000. He advised that six positions have not been filled resulting in a savings of $70,720 from October through December 1990. He reported that five positions have been phased out Page 47 February 26 1991 and some positions have been moved from certified to non-certified .positions, all resulting in cost savings. He clarified that the Ising ~uards were the five positions phased out and · :'explained that these positions are being covered by community service de .putlee. In response to Commissioner Volpe Sheriff Hunter affirmed that ,.certified deputies are used to serve papers because of the specifics ~nvolved. He commented that he is liable for the people serving the · papers be they civil papers or warrants. He added that the area of f-. eel'ring the civil papers is something that he is reviewing. ~'~'... ..::, Using 1987 as a baseline for the percentage of growth, Sheriff Htulter pointed out that in 1989 the ca]is for service out number the Increase in staff to handle the calls and 1990 shows an even greater differentiation which will result in a diminishing of the availability of patrol. .' Sheriff Hunter noted that population growth in the unincorporated of Collier County has increased while in ratio comparison the Sheriff's office personnel has remained flat. He commented that using ,~989 as a baseline it shows that case numbers are up 66% and the ratio :'.cosparlson for his personnel shows no increase. ':. Sheriff Hunter responded to Commissioner Volpe's question by . s~at~ng that the County's Code Enforcement Department is an asset to ;the'Cotlllt¥ and the Sheriff'~ Department, especially in the areas of Immokalee and Naples Manor. He affirmed that Animal Control has alleviated the problem of animal control from the Shertff's [ff Hunter commented that a court 1tatson program has been instituted which keeps the patrol personnel on the road instead of bein~ in court unnecessarily and is a considerable cost savings. In the procedures, he advised that his department works with the fr Collie~'County Bar Association the Chief Administrative 3udge and all the J~dges, State Attorney's Office, Public Defenders Office, and each'of the deputies in an enforcement capacity. 00o, 130 Page 48 February 26, 1991 In response to Commissioner Shanahan, Sheriff Hunter explained ~i ..that a pretrlal release program has been instituted and plans are pro- ceeding with a judicial order to make it a full program. that no additional staff will be involved. He added Sheriff Hunter explained that he has been rotating the deputies i:ti'through all the districts which allows them to become familiar with districts. Sheriff Hunter indicated that his policy consideration is only a i~ ~ggestion. He explained that his department does not currently have ' ' personal days which saves approximately $200,000. He added that he ':~,. pay.s for 20~ of the accumulated sick leave over the lifetime of an ,me, saving approximately $10! million over the Board's policy. ~!i: He noted that the new voice stress analysis machine which replaces the polygraph machine is more dependable and less costly. · ' In regards to quality control, Sheriff Hunter informed that the '~' use of video training is another cost savings he has implemented into his department which is a savings in fuel and time in classroom training for the deputies. He pointed out that he has a diverse group · of committees that address all the concerns of efficiency and effec- tiveness within the agency which results in cost savings and positive ~COII31e~.tS from the public and staff. Sheriff l{unter stated that the I'evenue analysis for 1990 shows tha~ some funds have been returned as a result of moratoriums on over- :~.. time and other cut back measures; however, he pointed out that revenue !~i?pro~ections are fa~ ahead of what is being ~eceived. Regarding the Jail capacity, Sheriff Hunter explained that because of the State Statute which requires that Jails be separated in sec- tlons for male, female, adult, juvenile, and other classifications, it iis necessary to have a Jail deputy on duty even if there are ten people in a 50 bed section; however, he is selling the other beds :?~avatlable tO the Federal Government to amortlze the cost of the jail deputy. He advised that if the bed space is needed for Collier Gounty, he can terminate the federal and .~ta1:e prtson-.rs at any time. 000 131 Page 49 February 26, 1991 ~rlff Hunter informed that he has 447 vehicles in his current 'fleet with 397 of them being sedans, 14 vans including narcotic sur- ":veillmnce vans, 27 trucks, and 9 4X4s. He explained that he has 16 ,.vehicles that are on loan to the department from Ford Motor Company. that some of the vehicles are taken home in the evenings to expedite help in emergencies. )onse to Commissioner Volpe, Sheriff Hunter stated that he a $120,000 savings once Building A opens and will pro- 'vide an exact savings. i-.. .....Sheriff Hunter explained that five year projections for his capt- tali'lmprovement expenditures are submitted and reviewed by the County "Manager.-- lie advised that a State Statute prohibits him from pro- Jecting trust funds. ::;,; In conclusion Sheriff Hunter pointed out in response to Volpe that protective gear Is something that is a high priority for his department for the protection of his deputies in a variety of crisis handled by them. "ee~';-O~iuloner Sha~mhan ~, ~econded by Co~mtsatoner mad c~rt~ ~imly, that the foll~tng ~ c~ent a~ ~ appr~ ~d/or adopted: :ltss'*J1U1 - l~let~d NATIONAL DEVELOPMENT COUNCIL TO FURTHER ECONOMIC · O~ING PRO(IRAM~ IN COLLIER COUNTY See Pages / *O" /~--~/ ~ ~ ~CO~ LUIS A. BE~AL A~ CRISTINA L. 91--190, PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF ~ .... .~-'~%~ OF P~BLXC NUISANCE RE COMPLIANCE SERVICES CASE NO. ~;.,' 00°08--08~39, LOT 1, BLOCK 1, MARC'O BF-~CIt UNIT ONE, A SUBDIVISION, :" ~ 01~ RIICOIU) GgORGE D. BORN Page 50 February 26, ~99~ See Pages 91-191, FROVIDIN~ FOR ASSESSMENT OF LI~ FOR ~ COST OF ~~, ~ 2, BL~ 339 OF ~ B~ ~IT NO. ~, A ~~X~, ~ O~ ~CO~ J~N B~CATO, ROSE B~NCATO, A~O~ ~:?*:':,I~OLOT~O~ 91--192, PROVIDING FOR ASSESSIleNT OF LIEN FOR TH~ COST OF ~:a:" &~T~I~IFf. OF FUBLIC RUIS~NC~ Rg COMPLIANCE SERVICES CASE NO. ~ . ~O-10-10~4g, LOT S, BLOC[ 88, GOLDEN GATE, UNIT 3, ~ OF RECORD '~*~.. C~rt~JLRL~I]~O&]rDM~RI CJLRLESI~O See Page g~-193, PROVIDING FO~ ASSE$SI,!:~I~f OF LIEN FO~ TH~ COST OF ~IC EIS~ U C~ZUCg S~ICES CASE ~. '.~?. ' R~--{3~q~0437, LOT 25, BLOC~ 189, UNIT 6 PART -- GOLDEN GAT~, OMI~-R OF See Pages 91-194, ~IDI~ ~R A3SES~ 0F LIEN ~R ~E COST 0F ~ ~IC ~IS~E ~ CO~LI~E S~ICES CASE NO. ~~243, ~ 6, BL~ 30, ~IT 3, NAPLES P~ SUBDIVISION, ~ See Pages / ~ ~- /~ 91-196, PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF IMY~LIC NUISANCE RE COMPLIANCE S~RVICES CASE NO. LOT 39, BLOC~ 81, GOLDEN GATE, UNIT NO. 3, OWNER OF I1~1~, INC. See Pages /~- /~7 I~,UTION 91-197, PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF ~OF FUBLIC NUISANCE RE COMPLIANCE SERVICES CASE NO. 90-08-0~494, LOT 2?, BLOCK 109 OF MARCO BEACH, UNIT THREE, A · ~D~I~0~ OM~E~ OF RECORD PATRICIA LUTHEROTH DE MARTINEZ See Pages " ooo 133' February 26, 1991 91-196, PROVIDINB FOR ASSESSMEF[ OF LI~ FOR ~ COST OF OF PUBLIC NUISANCE R~ COMPLIANCE SERVICES CASE NO. 90-O~-OS4~3, ~ 26, BLOC~ 109 OF MARCO BEACH, UNIT THREE, A ~$XO~ ~ OF RECORD MARIA LUISA LUTTEROTH See Pages. /7(~' /7// 91-199, PROVIDING FOR ASSESSMENT OF LIEN FOR TH~ COST OF ~ P~BLIC ~S~CE ~ C~I~CE SERVICES CASE NO. ~~10, ~ 11, BL~ 49 OF ~CO BEACH, ~IT ~0, A SUBDIVISION, See Pages ,-~' ~-4~-4FfTSO, ~ 6, BL~ 50, ~IT ~, ~CO B~CH, A ~BD~ISION, '~'.- ~ ~ ~ ~IQ~ MO~SINO ~ I~ H. MO~ESINO NUISANCE RE COMPLIANCE SERVICES CASE NO. BLOCK 110 OF MARCO BEACH, UNIT THRE~, A :'.: '- ~D!~S.I~, ~ OF RECORD HARR~ SF~%PERDAS AND GEORGE SKAPERDAS See Pages 17~/- 17 ' ~~ 91-202, PROVIDING FOR ASSESSMENT OF LIEN FOR TH~ COST OF ~ OF P~BLIC NUISANCE RE COMPLIANCE SERVICES CASE NO. 90--~-4;6264, ~ 1, BL~ 403 OF ~CO BEA~, ~IT ~IR~, A ~~I~, ~ OF RECORD ROY G. WILD ~ JANET L. WILD; ~ [?';i ;. ~F "A ~D1q~ISION OF TRACT E, AUDUBON COUNTRY CLUB, UNIT 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 incompleted improvements and that construction shall be completed within 36 months of the date of this approval. Authorize the Chairman to execute the attached Construction and Maintenance Agreement. That no building permits be issued until the final plat is recorded. See Pages /~ - /~ PLAZA, PHASE 2' Page 52 February 26, 1991 1.'. . That the final plat not be recorded until the required tmpro- vements have been constructed and accepted or until approved security is received for the tncompleted improvements and that construction shall be completed within 38 months of the · date of this approval. ~k[)~,.2. "Authorize the Chairman to execute the attached Construction '~'~,~'~.,. and Maintenance Agreement ~-~':~:',-: ....3 That no building permits be issued until the final plat is '.' recorded. 2~.'.~ ' ,- .:"." See Pages / 'LLlll"'fI~ ~lI LICINll A~I~"~TEIq~ WIT~ THE SO~LA~ COR~TION, :~ ~ ~ OF ~-~D ~OPER~ ~R ~E ~SE OF ;~..' ~iJ' .~~, ~IDIN~ ~R ~ USE OF A ~RTION OF ~ ~~EE '/..';:" ~ ~ ~ 2, 1991 ~ ~CH 3, 1991, ~R ~ A~ ~OSS ~ L~ :,'.,~. ;':"/: See Pages /~3 ' /~ ~~ A~REEM~NT WITH TR~ I!~OKALKE CHAMBER OF C~RCK, ~ ~E OF C~~ ~O~ TO HOLD ~ 1991 ~~/C~AL See Pages / ~- ~0 / ,'- ~ ~ ~ AND ACCEPTANCE OF CONVEYANCE FOR RIgHT-OF-WAY ':"; ' 14:~1~!1 II~AK~ TO ~ ~SI~ OF C.I.E. ~0~ NO. 022 See Pages J~- ~O~ ~~ 91--203 A~ORIZING KXKC~ION 0F ~K G~ OF ACCESS ~ ~ ~ ~ SO~ ~ORIDA WA~ ~AG~ DIS~ICT ~~ ~ ~AT ~ AT VI~S C~I~ P~ ~.0~R ~. 3 TO TH~ CONTTRUCTION C0RTR&CT WITH GUYMANN · ' ~~ C%~FANY IN THE AMOUNT OF $28,400.00 FOR ADDITIONAL PIPE · F~ T~. SO~T~ ~]~Y~FfT R~GIONAL WASTEWATER FACILITIES "!:~ :'-.';, February 2§, 199! :?':: .BID e03.01~84 Jk~I~D TO HA~KEYH SIGNS TO PROVIDK SIGNAGE FOR THE FIFTH '?ee'-.'..'.AND $]~ET~ FZXKH~S OF THE NEW COLLIER COUNTY COURTHOUSE ['2'::~;;-:" 'Jl~ TO L~ASK AGREEMENT WITH THE COMMW-RCE CENTERS AT NAPLES, ~t'.t .''~1~ ~ ~ SHERIFF'S OFFICE CONTINUED USE OF OFFICE SPACE AT ~ ' ~ ~ ~ AT NAPLES ON A MONT~ TO MONTH BASIS ENVIRONMENTAL AUDITS AND PROPERTY ~I-3~ a ~S~IA~S, INC.; ~I~OUSE ~SSI~ ~ ASS~IATKS, INC. ~R A ~IOD ~ TO ') ~TABLISHXNG PAY TITLK OF TRAI~PORTATION CAPITAL Pay ~ 139 ($47,382 - $71,074) See Pages !~leted ~ O~D~ IS~ TO GSX CH~-MICAL SERVICES IN THE AMOUNT OF 0!/'~'$~J.00 FO~ ~ ~DITION~ COST OF ~ N~KR, 1990 00tL~ION APPOINTING N. LAMAR HVERS AS A M~q~ER OF TH~ WATER Jk~X~ BOARD TO A FOUR-YEAR TERM, EXPIRING 0N FEBRUARY See Pages 1990 Dated 2/8/91 Dated 2/8/91-2/14/91 TANGIBLE PKRSONAL PROPKRTY 1990 ;1990-78 Dated 2/11/91 000, i36 Page 54 February 26, 1991 - ~ILED AND/OR REI~RRED The following miscellaneous correspondence was filed and/or -referred to the various departments as lndlcated below: 3. Memo dated 2/6/91 to W. Nell Derrill, Kenneth Cuyler, Constitutional Officers, Division Administrators; from Jeffrey A. Walker, Risk Management Director; transmitting Administrative Services Division, Risk Management Department's Annual Report for FY ending 9/30/90. xc: Filed. Independent Auditor's Report dated 11/20/90 to Board of Commissioners; from Wentzel, Berry, Swope, Hendricks & Alvafez, P.A., Certified Public Accountants; re Golden Gate Fire Control and Rescue District's financial statements dated 9/30/90. xc: Filed. Independent Auditor's R~port dated 10/23/90 to The B¢,ard of Supervisors and Landowners Devil's Garden Water Control District; from KPMG Peat Marwtck, Certified Public Accountants; re General Purpose Financial Statements dated 9/30/90 for Devil's Garden Water Control District, and the Certification Sheet Annual Financial Report dated 9/30/90 for same. xc: Filed. Letter to Board of County Commissioners; from James C. Giles, Clerk of the Circuit Court, County of Collier; re warning for unpaid taxes for Certificate No. 4547-1988, TDA No. 6415. xc: Filed. Copy of letter dated 2/8/91 to Dirtsion of Administrative Hearings, Tallahassee, FL; from David L. Jordan, Assistant General Counsel, State of Florida, Department of Community Affairs; re Department of Community Affairs and Sewell H. Corkran v. The Board of County Commtssloners of Collier County, Florida, DCA Case No. 91-003 LDR re consistency of Collier County's Adequate Public Facilities Ordinance with its Comprehensive Plan. xc: Nell Derrill, Frank Brutt, and filed. ~)~.~:Copy of letter dated 1/11/91 to Robert Pennock, Chief, Bureau of Local Planning, Department of Community Affairs, Tallahassee, FL; from Eileen Arsenau]t, President, Collier County Audubon Society; re Collier County's Comprehensive Land Use Plan's compliance with Florida Statute and rule. xc: Filed. Copy of letter dated 1/30/91 to The Honorable Anne Goodnight, Chairman, Collier County Commission; from Robert G. Nave, Director Division of Resource Planning and Management, State of Florida Department of Community Affairs; re the required land development regulations. xc: Nell Derrill, Frank Brutt, Commissioner Goodnight, and filed. Grant Adjustment Notice dated 2/6/91 to Board of County Commissioners; from Gordon L. Guthrie, Director, Division of Emergency Managemerit, Department of C(;mmunity Affairs; r~ Grant No. 91-CJ-28-09-21-01-036, for change in project direc- tor for the Collier County Drug Enforcement and Apprehension Program. xc: Nell Derrill, John Yonkosky, Don Hunter, and filed. Copy of memo dated 2/?/91 to All Small Cities Community Development Block Grant Eligible Communities, Regional Planning Councils, and Other Interested Parties; from Lewis Page 55 February 26, 1991 10. 11. O. Burnside, Jr., Director Division of Housing and Community Development, State of Florida Department of Community Affairs; re Use of Resolution Trust Corporation (RTC) Properties. xc: Neil Dorrill, Russell Shreeve, and filed. Letter dated 2/5/91 to Honorable Anne Goodnight, Collier -County Commissioner; from Gary J. Clarke, Assistant Secretary for Medicaid, State of Florida, Department of Health and Rehabllltative Services; re withdrawal of the 1991 State appropriation for the Shared County and State Health Care Program. xc: Nell Dorrill, Martha Skinner, Dr. Polkowski, BCG, and filed. Copy of letter dated 2/5/91 to Local Governments; from Michael P. Phillips, Environmental Specialist, Office of Land Use Planning and Biological Services, Florida Department of Natural Resources; requesting a copy of Collier Count¥'s Comprehensive plan. xc: Nell Dorrill, Frank Brutt, and filed. 12. 13. Copy of letter dated 2/4/91 to Carol Browner, Secretary, Department of Environmental Regulation, Tallahassee, FL; from Bradley J. Hartman, Director, Office of Environmental Services, Florida Game and Fresh Water Fish Commission; re DER #11-1750129, Collier County, Collier County Board of County Commissioners, "Sand Dollar Island"' (Big Marco Pass Critical Wildlife Area) Dredging. xc: Nell Dorrill, Harry Huber, Bill Lorenz, and filed. Amended Notice of Committee Meeting, House of Representatives, dated 2/7/91 to Community Affairs, Full Committee; from Marjorie E. Wright, Committee Secretary; re agenda for meeting scheduled 2/20 at 1:30 P.M., Capital, to consider a proposed Committee Bill, bills reported by the Subco0%mittee on Growth Management, Subcommittee on Intergovernmental Relations, presentation by the Department of Community Affairs on its Legislative Priorities, presen- tation by the Auditor General on the Department of Community Affairs, workshop on Growth Management issues, workshop on Chapter 190. xc: Nell Dotrill, Frank Brutt, and filed. 14. Notice of Commission Hearing, dated 2/12/91 to All Parties and All Other Interested Persons, from Steve Tribble, Director, Division of Records and Reporting, Florida Public Service Commission; re Docket No. 890486-TL, Petition by Citizens of Florida to compel compliance with rule 25-14.003, F.A.C., by United Telephone Company of Florida regarding calculation of and method for refunding 1988 tax savings. xc: Filed. 15. 16. Plaintiff's Motion for Reconslderation, Clarification, and Request for Hearing in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County , Florida dated 2/8/91 from Karen A. Ornowski, Frost & Jacobs, Attorney for Petitioner; re Case No. 91-0015-CA-O1-WLB, Debbie SkrzynskJ, Plaintiff, rs. Collier County, Board of County Commissioners and as Members of the Board of Zoning Appeals. xc: Neil Dotrill, Frank Brutt, BCC, and filed. Notice dated 9/27/90 from Tax Collector of Collier County; re certification that certain tax certificates, interest, ownership and encumbrance report fee and Tax Col]ector's fees have been paid. xc: Filed. AID NUMBER CONTAINED IN THE ~O~ WI~ ~ ~ATE OF ~ORIDA DEP~~ OF ' ' February 26, :1991 ~ ~ P~TXCXP&TXON IN TH~ RKPLAC~T OF ,% ~:r.,_':.~. ~-~ C.~. 92 (S~ ~CO RO~) There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 5:30 P.M. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL PATRICIA ANNE GOODNfGHT, J~HAIRMAN .: as presented approved by the Board on ~ or as corrected Page 57