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BCC Minutes 08/14/1990 R Naples, Florida, August 14, ~990 LET IT BE REMEMBERED, that the Board of County Commissioners in ~.i~ and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as [!.~!'~ have been created according to law and having conducted business i!i herein, met on this date at 9:00 A.M. in REGULAR SESSION in Building of the Government Complex, East Naples, Florida, with the :~',following members present: CHAIRMAN: Max A. Hasse, Jr. VICE-CHAIRMAN: Michael J. Volpe Richard S. Shanahan Burr L. Saunders Anne Goodnight ALSO PRESENT: James C. Giles, Clerk; John Yonkosky, Finance i~"~iDirector; Ellie Hoffman and Annette Guevin, Deputy Clerks; Netl Dorrill, County Manager; Non McLemore, Assistant County Manager; Ken Cuyler, County Attorney; George Archibald, Transportation Services Administrator; Kevin O'Donnell, Public Services Administrator; David . Pettrow, Development Services Director; Ray Bellows, Bill Hoover, i~t. Robert Lord, Robert Mulhere and Non N/no Planners; Sue Filson, Administrative Assistant to the Board; and Deputy Byron Tomlinson, Sheriff's Office. Page #1 #3 AGENDA AND CONSENT AGENDA - APPROVED WITH CHANGES August 14, 1990 Commissioner Shanahan moved, seconded by Commissioner Goodntght and carried unanimously, that the agenda and consent agenda be mpproved with the following changes: 1. Item 9H4 - Discussion of Final Budget - Second Public Hearing - Added. (Requested by County Manager). 2. Item 9B2 - Recommendation for Board approval of an agreement with Whispering Pines, Inc. to purchase excavated materials for the Livingston Road/North Naples Roadway MSTU - Continued (Staff's request). Item lOA - Hearing of Contractor Toth's appeal to the Contractors Licensing Board's decision to suspend Contractor Toth's Certificate of Competency. - To be heard as the last item of the meeting. (Requested by County Attorney). Item 12D - Discussion of energy conservation for Collier County - Added. (Requested by Commissioner Saunders). The service award for Gary Franco of the Parks & Recreation Department was not heard. PROCLAMATION DESIGNATING AUGUST 13-17, 1990, AS WATER AND POLLUTION CONTROr. OPERATURS WEEK - Upon reading of the proclamation by Commissioner Hasse, Co,Isotoner Sa~der~ moved, seconded by Co~lsstoner Volpe ~d c~rled ~mously, ~hat the Procl~t~on desi~ting Au~st 13-17 1990, as Water ~d Pollution Control Operators Week be adopted. Co~tss~oner Hasse presented the Proclamation to Wastewater D~rector Clemons. Page 2 August 14, 1990 ORDINANCE 90-65, RE PETITION Z0-90-14, COMMUNITY DEVELOPMENT SERVICES DIVISION REPR~-SENTING THE BOARD OF COUNTY COMMISSIONERS RE AMENDMENTS TO THE ZONING ORDINANCE, TEMPORARY USE PERMITS - ADOPT~-D Legal notice having been published in the Na.ples Daily News on July 26 and August 5, 1990, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition ZO-90-14/Community Development Division requesting an Ordinance amending Ordinance 82-2, Section 10.6, Subsection c.1, Temporary Use Planner Young stated that the objective of this amendment is to provide more flexible temporary use permit regulations which will more adequately address the needs of those seeking permits for temporary sales, sports events, religious events, and community events. He explained that currently, anyone seeking a permit for these uses may obtain two non-renewal two-week permits during any calendar year. He noted that regardless of whether the full two weeks is used for that event, one of the two week allotments has been used. He reported that this amendment would make it possible for anyone seeking a temporary use permit for any such event to obtain a permit that will last for a period up to two weeks, but may also last for a lesser period. He indicated that the amendment allows for a sum total of 28 days per calendar year. Commissioner Volpe asked what prompted this amendment to the ordi- !~nance. Mr. Young stated that the current system of only being able to 'apply two times per year, does not reflect the nature of the temporary uses, i.e. car lot sales, and also that such events may be held more than twice a year. Commissioner Hasse indicated that he is concerned that an event Could take place time and again every two weeks if desired and the people in the surrounding area may not want to be annoyed by this reoccurring event. Mr. Young explained that the applicant must specify on the permit f the number of days that the event will take place August 14, 1990 · ~ : There were no speakers. Co~miaeloner S&unders moved, seconded by Commissioner Sh&nmhan end carried unanimously, to close the public hearing. Coliesioner Seunders ~oved, seconded by Co~lssioner Sh~ ~d carried 4/1 (Co~missioner Hesse opposed), that the Ordinance as num- bered and titled be/ow be adopted and entered into Ordinance Book No. ORDINANCE 90-65 AN ORDINANCE AMENDING ORDINANCE NUMBER 82-2, THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY BY AMENDING SECTION 10.6, SUBSECTION C.1, TEMPORARY USE PERMITS, TO BETTER DEFINE THE TIME CONSTRAINTS AND FREQUENCY OF SUCH TEMPORARY USE PERMITS; BY PROVIDING FOR CONFLICT AND SEVERABILITY; AND BY PROVIDING AN EFFECTIVE DATE. Item R~$OLUTION 90-412, RE PETITION SMP-90-20, GINA GREEN OF MCANLY & AN$OC., REPRESENTING CRYSTAL LAKE JOINT V~NTURE, SUBDIVISION MASTER PLAN APPROVAL FOR CRYSTAL LAKE R.V. RESORT LOCATED ON THE EAST SIDE OF C.R. 951, 1/2 MILE SOUTH OF IMMOKALEE ROAD - ADOPTED SUBJECT TO ~TIPULATIONS AS AMENDED Legal notice having been published in the Naples Daily News on July 29, 1990, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition SMP-90-20 filed Gina Green of William C. McAnly& Assoc. representing Crystal Lake , Joint Venture, requesting Subdivision Master Plan approval for Crystal Lake R.V. Resort for property on the east side of C.R. 951, 1/2 mile ill,south of Immokalee Road, consisting of 149+ acres -- · Pi&nner Arnold advised that ~he petitioner is ~equesttng sub- ~./~divislon maste~ plan approval fo~ Phases II-IV of the C:ystal Lake R,V. Resort Planned Unit Development. He indicated that this PUD allows fo~ phased development up to 490 R V. lots. He explained that .¢:/~0~ N.Y. ions and a 60 acre recreational lake have oeen completed as ':;~'Phase I of the p~oJect He ~epo~ted that the the p~oposal fo~ Phases II-IV would allow construction of an add~tional 289 R.V. lots, fo~ a ~ /~otal of 490 R.V. lots. Mr. A~nold stated ~hat ~he subdivis~on maste~ plan has been designed in a manner consistent with the approved PUD Maste~ Plan and Page 4 August ~4, 1990 [,documents and sewer and water facilities are provided on the site by a ;!>ilprivate on-site water treatment facility. He noted that approximately acres of wetlands are preserved as a common area/open space. Hr. Arnold disclosed that all reviewing agencies have evaluated this petition and recommended approval. He indicated that the Collier {!~ 'County Planning Commission heard this petition on July §, 1990, and ln~animously recom~uended approval. He stated that Staff is recom- Agreement Sheet. Commissioner Volpe recalled that when this project was reviewed in the past, discussions were held with regard to appropriate notifica- tion to the purchasers of the lots advising that these lots could not !{?:'be occupied on a permanent basis. He stated that he does not see evi- dence of this stipulation. Gounty Attorney Cuyler stated that he remembers that this was discussed at the rezone stage, and suggested that the developer's representative acknowledge whether this will be included as part of the deed restrictions. , Mr. John Asher, represe)~ttng the petitioner, stated that this sti- pulation is included in the PUD document. Commissioner Volpe stated that one concern that was expressed was that the people who purchased these lots for R.V.'s, were obtaining fee simple to the lots and they did not understand that they would be limited to the amount of time that they could occupy the lots. He noted that he wants to make sure that the Commission takes the necessary precautions to ensure that the purchasers of tbs lots are ~?nottfied of the restrictions of the use. He suggested that an addi- tlonal stipulation be included either as a deed restriction or in the deed transferring the lots that this restriction be included Mr. Dwight Nadeau of William C McAnly& Associates, stated that he would be happy to provide Staff with a copy of the deed restric- tion for their review. %'' Mr. Arnold suggested that a stipulation be included which states Page 5 August 14, 1990 ithat the deed restrictions will be filed with evidence that the owners are to be notified of non-permanent residency. Mr. Nadeau stated that he has no problem with this stipulation. There were no other speakers. Couisstoner Volp~ ~oved, seconded by Co~tsstoner Shanahan and c~ied ~t~ly, to close the ~bltc hearing. Co~taatoner Sh~ moved, seconded by Co~issioner Goo~tght ~d c~rted ~t~ously, to approve Petition SNP-90-20, ~bJect to all stt~latto~, ~d the additional stipulation relative to notification in the de~ ~estrlctlo~ of no ~rm~ent ~esldency, thereby adopting ~lutlon 90-412. Page 6 August 14, :.990 ]~l:.m ~,C2 R~$OLUTIOB' 90-4'13, ~ PETitION 5~-90-~2, D~ C0~EY ~PRESENT~NG ~L~D ~ ~SORT, INC., ~Q~STING S~DIVISION ~STER P~ ~PROV~ FOR P~ISE POISE, LOCATED ON THE SOUTH SIDE OF ~ST T~I~I T~IL, ~OXI~LY 2.6 MILES ~ST OF S.R. 95~ - ADOPTED SUBJECT TO STI~TIONS ~ ~DITION~ CO~ITION Legal notice having been published in the Naples Dally News on July 29, 1990, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition SMP-90-12, filed by Dan Conley of Conley and Baker, Chartered, representing Wildwood R.V. Resort, Inc., requesting Subdivision Master Plan approval for :..:Paradise Pointe, located on the south side of East Tamtaml Trail, approximately 2.6 miles East of S.R. 951, consisting of 56 acres, more or less. Planner Lord that the petitioner is requesting Subdivision Master Plan approval for Paradise Po~nte He noted that the site is located within an existing PUD zoning district and consists of 56 acres, and 33! lots intended for recreational vehicle use, clubhouse and a satellite recreational area. He advised that the lots shall have a minimum 35' frontage, 70' depth and will be a minimum of 2,450 SF tn size. He stated that the pro3ect will be accessed from U.S. 41, Tamiami Trail East. He indicated that the internal roads shall be 24' wide within a 40' right-of-way. Mr. Lord affirmed that the subject site is located in an area designated Urban Re~idential which provides for a density not exceeding four dwelling units per acre, however, travel trailers are not considered to be a residential use and by def]nit~on are a recreational use. He noted that the density rating system in the Future Land Use Element states that: "Travel Trailer Recreational Vehicle Parks shall be allowed to develop at a density consistent with ~he zoning ordinance." He reported that TTRV. C allows a maximum of 12 units per acre, and this pro~ect has an existing PUD which allows a ~umximum of 383 dwelling units. He explained that this SMP request i~'!/Proposes 331 lots on 56 acres for a gross density of 5.9 units per ~<::acre, and therefore the proposed subdivision is consistent with the Page 7 August 14, 1990 3rowth Management Plan. Planner Lord advised that it was discovered at the Collier County Planning Commission meeting on July 9, 1990, that an agreement had been entered into requiring certain improvements on the adjacent pro- perty, but because this agreement has not yet been satisfied, the CCPC voted unanimously to deny this request. Mr. Lord explained that after investigating County Records of the Board of County Commissioners public hearing of January 10, 1989, it was discovered that on January 6th a meeting was held at the Imperial · ,~Wtlderness Clubhouse and an agreement was signed by the Paradise Potnte developer, the Imperial Wilderness developer, and the Imperial Wilderness Association, binding the developers to resolve certain .problems to create a new 10 acre area on the west side of Creative ;~.: Lane and use that area for a sewage treatment plant that would service the Imperial Wilderness project and the Paradise Potnte project He reported that there also is a problem with respect to a three acre site which was a sewer treatment site but is currently abandoned and is used for storage. i'~a In answer to Commissioner Volpe, Planner Lord stated that Staff :, has no problem with the Paradise Pointe PUD other than the unfulfilled agreement which was entered into between Paradise Points and Imperial '~Wilderness. ~'f;~ Mr. Lord indicated that Staff has outlined three options with regard to the three acre site that ts being used for storage: 1. Complete the project as provided for under the original site development plan to develop the 3 acre site into additional trailer sites and provide off-site storage for the unit owners and the Imperial Wilderness Association; or 2. Deed, dedicate, or otherwise transfer ownership of the 3 acre site to the association for the exclusive use of the unit owners of Imperial Wilderness; or Maintain ownership of the 3 acre site and provide on-site storage to the association and the unit owners of Imperial Wilderness at no charge. Commissioner Volpe stated that the SMP for Crystal Lake has Just ,been approved at a density of 3.3 units per acre. He indicated that Page 8 · .... August 14, 1990 the sub3ect project is a similar type TTRVC at § 9 units per acre He remarked that he will suggest that Staff revisit this issue, noting that there are many people who reside in these units and consider them to be a residence. He explained that the same demands are being made on the water, sewers and roads, and he is not sure he can accept 12 units per acre for the TTRVC's. Planner Nino explained that there has been some confusion, noting that about four months ago, Staff expressed that the density constraints for TTRVC's were the same as those for conventional housing. He indicated that at that time, this was a debatable issue between Planning Services Staff and Growth Management Staff. He related that since that time, Growth Management Staff has advised that the Growth Management Plan clearly states that the density for recreational vehicles is provided for in the Zoning Ordinance under the TTRVC section. Commissioner Volpe stated that he is unsure that he concurs with >i. Growth Management Staff. Mr Nino advised that if anything needs to be revisited it is the Future Land Use Plan which clearly addresses OommAssioner Volpe's concern. · I ~ Commissioner Saunders recalled that the Commission voted several months ago to direct Staff to evaluate the reduction of densities i~'~ throughout the County, and this issue certainly should be a part of !.that analysis. ~.~. Mr. Dan Conley, representing the Petitioner, advised that he is {; ;i also representing Imperial Wilderness, Inc., in addition to Wildwood '; ~ RV Resort Inc. He indicated that those two developments are entirely ~.~. , owned by different people, who are unrelated and not financially con- 'netted in any way. :.'.,' Mr. Oonley disclosed that Paradise Points contains 56 acres, l%otin~; that when the developer was preparing his zoning request in ~"198S, he d~d not want to have on-site sewage treatment. He explained ~}that there is a 3 acre parcel on the Imperial Wilderness tract that was used for sewage treatment and storage. He related that the Page 9 August 14, 1990 ~[', Paradise Potnte developer asked the Imperial Wilderness developer to ~i!i.' treat hfs sewage for "x" number of dollars per month which was agreed ~i'i upon. He stated that the residents at Imperial Wilderness that live i~' next to the sewage treatment plant and storage area were opposed to i!.i.~~, this location, and when the Paradise Pointe zoning proposal was pre- !i~. ,sented to the Gommiss~on, a few of those residents complained and he ?,~ was directed by the Board to solve that ~ssue. He reported that it ~ ~-~?~ was at that time that the agreement was entered into to solve the ~i~aewage problem at Imperial and to provide a place for the sewage to be ,'[ treated for Paradise Pointe Mr. Conley explained that the agreement states that the two deve- ~t'"i lopers were to meet with Robert McCarthy who is a shareholder tn {~Imperial Wilderness and owns l0 acres and move the treatment plant to the ~0 acres where the sewage for both developments could be treated. He added that only 2 or 3 acres of the 10 acre parcel is '~, .. required for the sewage treatment, and the balance could be used for ~ ' both developments. He stated that he then submitted a petition on · ':'~ behalf of Mr McCarthy to allow the ~0 acres to be used for sewage ~ treatment and storage for the two developments but this was rejected , by Staff since Creative Lane is between the two properties, and there- ~,~,, fore ts not contiguous and cannot be added to the Imperial W~]derness ~,., zoning classification, therefore, it must be zoned Independently on ii~'~ts own. He remarked that in order to accomplish this, it must be zoned TTRVC on its own, but cannot be done since it is only 10 acres; or zoned for storage which means Industrial zoning which would not be ~ permitted in that area. Mr. Conley advised that the two developers entered into a contract i~' with Rookery Bay Utilities to treat the sewage, and the treatment :'~ plant is removed. He revealed that the 3 acres has been cleaned out · but has continued to be used for storage. He reported that some of ?' the residents complained to Staff indicating that they did not believe i~i that this area could be used for storage under the zoning classifica- tion for Imperial Wilderness, and Staff concurred advising that the Page ! 0 August 14, 1990 -only thing that would be allowed in that area would be additional -lots. He explained that the developer does not desire to have addi- tional lots in this area and he believes that the people who have been iving there and using this area for storage should be entitled to continue doing so. Mr. Conley stated that Staff has informed him that the way to resolve the three acre issue is to file a rezone petition, but he that this is a very extensive approach to take to solve a very < small problem. He indicated that the agreement states that the 3 acres may not be used for anything other than RV sites unless the Association agrees. He advised that the vote of the Association · ~-' resulted in 365 in favor of storage and 9 opposed to storage. Mr. Lord related that Planning Services Manager Bagtnski has interpreted that the area in question would suffice and could be approved for a storage area as long as there are no charges involved :i>.~. 'and it does not become a commercial use. He stated that this could become an accessory use to the park. He indicated that if this area is to be retained as a storage area for the residents, it would need i~tO go through the SDP process and would resolve the drainage problems as well. Mr. Conley remarked that he has concerns with respect to the "no <~ charge" for storage. He reported that the developer has owned the ~.{./~ three acres all alon.j and has charged for storage tn addition to treating the sewage. Planner Lord d/~lged that Paradise Pointe is currently a PUD and storage is allowed as an accessory use, but Imperial Wilderness is zoned TTRVG and in order to obtain storage the three acres would need to be rezoned to Industrial but the Growth Management Plan would not ~allow this. He stated that if the Association desires to use the three acres for storage, it must be done without charge, and for the /exclusive use of the residents. ->:~ · Mr. Lord offered another option which would be not to allow .~torage on the three acre site but develop it as per the initial SDP Page 11 August 14, 1990 with RV sites and provide off-site storage where the developer could ~ ' charge a fee. He indicated that there is an industrial area across U.S. 41 and to the east where the residents could be provided storage. Mr. Conley pointed out that the developer of Wildwood was obli- gated to remove the treatment plant which he fulfilled. He related that the developer of Imperial Wilderness may not have fulfilled the agreement since there is still the question about where the storage ?will be located. ,.:)/. Commissioner Volpe noted that the Agreement of June, 1989, states i.,~:' that the Association has the option to purchase the three acre site. Mr. Conley replied that that option relates to the 10 acre site, noting that the 3 acre site is also for sale. Commissioner Volpe expressed that it seems that it would be in the best interest of everyone to transfer ownership of that site to the Association which ~' .~ would have control over the use and maintenance of same. Mr. Conley '~i¥ remarked that he believes that the developer would sell this site at a ~ reasonable to low value, but he will not give it away ,~'. Mr. Conley stated that he is willing to take the three acres and ' /ay it out for storage, determine the storage rates that apply in the ~:.. area, and forward this information to an appraiser to advise of its · worth. . The following persons spoke with respect to the Subdivision Master approval for Paradise Pointe: Mr. Bill O'Shaughnessey, Imperial Wilderness lot owner Mr. Ray Stephenson, Imperial Wilderness lot owner Mr. Jeff Dane, Imperial Wilderness lot owner Mr. Cliff Vernen, Imperial Wilderness lot owner Mr. Richard Lash, Imperial Wilderness lot owner Those speakers cited that: the few malcontents created the problem of not being able to use the storage area; unclear as to why · 'the storage is no longer provided; the majority of the lot owners desire a storage area; storage and parking should be provided but not abutting anyone's property since this was ensured by the developer; mild ~nadequate buffering and landscaping with regard to the noise. Tape #2 Page 12 August 14, lg90 C~IaiIeloner Volpe ~oved, seconded by Co~miseloner Shanahan and cattY, unanimously, to clo~e the ~bltc hearing. C~l~stoner Vol~ moved, seconded ~ Coutss~oner Sh~, to a~r~e Petition S~-90-12 w~th the cond~tion that a representative fr~ I~r~al Wilderness provide the Con,melon with a letter of ~n~ent t~t the t~ee acre parcel which had previously been oc~pled ~ tbs m~ge treatment plut will be either sold or leased to the :-:- Iaperial Wilderness Association; that two independent appraisals will be provided, at the cost of the developer, for the purchase or lease of the property; that the petitioner I~ust go through the SDP process; and that Resolution 90-413 be adopted. In answer to Commissioner Saunders, County Attorney Cuyler advised that the letter of intent will indicate that the developer is willing i'!to go forward. Commissioner Saunders stated that he has concerns that if the .Agreement is never completed the petition will be approved without arrangements for storage. ~?~2~i~ Mr. Conle¥ suggested that there be a binding agreement for the ' developer of Imperial Wilderness to commit to the two appraisals and further commit to the amount that is determined by the appraisers for a sale or long term lease. ; Co~tletoner Volpe ~mended his motion to Include the condition of approval that two appraisers be Ielected: one by the Homeowners A~ociation and one by the developer and the developer to pay for the IpprIiIll. which will be th. methodology to determine the fair market rental or Ialee value of the land. Commissioner Shanahan accepted the ImIm~ient. ~ call for the queition, the motion carried unanimously. ee 28 Page 13 PRESENTATION BY SENATOR FRED R. DUDLEY August 14, 1990 Senator Fred R. Dudley thanked the Commission and Staff for the tremendous amount of help they provided to him and the Delegation. He advised that Senate Bill 40 has passed which will allow the County to move forward with an Interlocal Agreement with the School Board to .~pr°vide for the sharing of the one-cent local option sales tax, should it be approved tn the referendum. He related that this is an optional .law which rests with the Commission, as the governing board, if such an Interlocal Agreement ts desired. He explained that there is also a ~i change in the legal notice law that will no longer require that the notices for legal hearings take the form from 2-4 weeks, and instead, the new law will allow that these notices be published only twice. He indicated that this law also allows the solicitation of bids for legal publication, which will provide the opportunity to cut down on expenses and save through the competitive bidding process. He pointed out that with regard to reforming the law relative to Mechanic's Liens, the first inspection that takes place more than seven days after a building permit is issued must include verification that a Notice of Commencement ia posted on the Job site. He reported that the construction phase in the middle section of the SR-95! project has been advanced by two years, and the surcharge phase has been advanced by a period of two years, and the two bridge rehabilitation have been advanced by two years. He stated that a new Judgeship has been approved for the Twentieth Judicial Circuit which is a five County area, and will help relieve the per case filings of the Judges. He explained that the Redlands Migrant building appropriation in Immokalee has been approved in the amount of $175,000, the Agriculture Center in the amount of S99,000, and the construction phase of the Edison Community College in the amount of $7 million. Senator Dudley advised that he believes that the time is long i? Passed due to allow fractional assessments on improvements, and the ~ili!~.form of this Bill will be presented next year. He indicated that the Page 14 August 14, 1990 '~ Florida Constitution requires that all property be taxed within each .~i~district at a uniform rate other than intangible personal property which can be taxed at 2 mills. He noted that tangible personal pro- perty will be included in the fractional year assessment as well as real estate. He remarked that Amendment 3 will have positive fiscal impact on local governments and this is one of fairness. Senator Dudley affirmed that there will be an Amendment on the ballot on November 6th to propose an amendment to the Florida Constitution, which provides that State mandates on local governments will be restricted to those where there is an overriding 2/3's vote of the House and the Senate or that the funds must be provided to carry out the local government mandate or the funding source from which the local governments may use to fund the mandate. He stated that this is a very important issue not only for the local governments but for the taxpayers as well. Senator Dudley reported that had it not been for Collier County and the Chamber members who traveled to Tallahassee, Senate Bill 40 would not have passed. '2% ~ Commissioner Hasse thanked Senator Dudley, on behalf of the Commission for his outstanding efforts in Tallahassee. Receee: ll:O0 A.M. - Reconvened: 11:10 A.M. at which time l~put¥ Clerk Ouevin replaced Deputy Clerk Hoffman Item d~gH3 "RENT TO OWN" HOUSIN~ PROGRAM BY THE NATIONAL DEVELOPMENT COUNCIL - APPROVED TO COMMIT $~0,000 IN CONTINGENCY FUNDS TO CONTINUE THE CONTI~tCT FO~ ASSISTANCE IN OBTAINING ECONOMIC DEVELOI~W~NT GRANTS Assistant County Manager McLemore explained for the past year, Staff has been working with the National Development Council {NDC) to develop an action plan for an affordable housing program. As part of overall effort of the Housing Task Force, he said, NDC is pro- posing the "Rent To Own" program. He advised this program involves an instrument for which people who cannot afford downpayments, can accu- ~%~;~:mulate down payments to purchase single-family, detached housing. He ~ndicated this program will address a particular part of an affordable Page August 14, 1990 housing program for Collier County. He added this program is endorsed by Jack Kemp from HUD. He concluded Staff is requesting authority to extend NDC's contract for another year, explaining it is NDC's policy ~.. : to only offer their programs in communities where they have a client relationship. Dan Marsh, National Development Council, stated he represents a ~01c3 not-for-profit charity subsidiary of the NDC Housing Development Corporation, which is a companion corporation of the National Development Council. He explained the concept of the "Rent To Own" program ts to allow his corporation, because of its charity status, to borrow tax-exempt funds at a reasonable rate and to construct and rent on an interim period, affordable housing units to qualified families. He said this program will offer to qualified families a rental that roughly equates to the market rate rental in the area in which the units are built. He indicated that because his corporation is not taking fees and other charges out of the project and because the Interest rate is iow, they are able to provide a gift to those purcha- sers at the end of the rental period which ts payment of the down- payment and miscellaneous closing costs associated with an FHA guaranteed loan. He proposed to target a segment of the population in Collier County that represents Incomes from $22,000 to $32,000, depending on the location of the project. He advised his corporation has been given a national technical assistance contract by HUD to try to Implement this program on a nationwide basis He said his company has put together a team of qualified people to market the program, to ~!!.i..supervtse construction and to manage the property to ensure it ts maintained at a level which will allow the value to be there after 4 years for the tenants to buy. He reported this team includes Talquin Development Company of St. Petersburg, Florida, for construction and design and Brodertck & Associates, Inc., for the management aspects. Commissioner Hasse asked if local contractors will be utilized? Mr. Marsh answered in the affirmative and added he has received a draft letter from the Government Affairs Committee of the Collier · ': Page 16 August 14, 1990 County Builders & Contractors Association indicating their support of the Board of County Commissioners in their efforts to create affor- dable housing, and specifically, this project. He said they fully Intend to engage local contractors to perform the majority of work. Commissioner Saunders commented the agenda does not explain what .'will happen with the $30,000 or whether Collier County can afford that 'amount. He questioned what the interplay will be between this project and developers who will be receiving state and federal subsidies for plans they already have to build affordable housing. He also said there is no report on what the benefits and the results were to the community as a result of last year's contract. Commissioner Hasse questioned if the $30,000 will be coming back to Collier County at some point in time? Mr. Marsh explained the $30,000 contract before the Board is not i specifically for this project, but is for a traditional, yearly NDC !~"~ consulting retainer contract that can be canceled with 24 hours notice. He said since his company's professional staffing resources are lJmlted, a corporate policy'has been established to only make available their housing and other economic development services to [:',,. 'municipalities that are current NDC clients. Co~isstoner Volpe recalled that last year's contract was spec/f/- cally related to the enterprise zone at the Immokalee Airport and the 'ol~ycle proposal. Mr. McLemore reminded the Board at the time last year's contract was initiated, ~t was brought forward that NDC has services other than .... related to grant packaging for industrial people. He said par- ~ly cited at that time was NDC's efforts in the affordable housing arena and that Staff would be working with them during th.is year to pool an effort for Colller County. He indicated in '~'~Performance of their contract, NDC has done everythlng asked of them. {']~" He said a tremendous amount of work has taken place to date tn order ; '. to ~et thte project to the polnt whore ~t is, and thls would not have been accomplished without ~DC. Page 17 August 14, 1990 ='' ]~cees (~tre Drill): 11:30 A.M. - 11:45 A,M. '*. Mr. Marsh continued the proposal intends to approach affordable, ii:~pllrchase housing in the County from two directions: one is within Naples, but the main focus for the initial 126 units ls in the Iuokalee area. He said negotiations are underway to secure iden- !!~ttfied sites in both those areas. He stated an average unit sale !price is estimated to be $61,000, which is in today's dollars locked f!'< in for sale in 1994 and 1995. He said that house will rent for bet- ween $550 and $650 per month. He informed at the end of the tenant lease period, his company will give to the prospective owner approxi- mately $4,100 in closing costs and downpayment, for a net cost to the buyer of $28.00 at closing. He said the mechanism to be put in place '..~ is. not subsidized by government funding, it is purely generated " through his corporation's ability to float tax-exempt bonds and since they are not taking entrepreneurial profit from the transaction, !~ everything earned goes back into the program. He stated there is a wide ~egment of potentially eligible families in Collier County and ~ii[]ii~i:: they have been working with Collier Enterprises for survey tnfor- '~,~!, marion. He informed that 68% of those surveyed said the reason they :i+:: cannot buy a house is they do not have a downpayment, 40% indicated .they would move to the Immokalee area If this type of housing was ~ available and 31~ of those surveyed have a combined income between ~(~: 820,000 - $36,000. Mr, Marsh continued, describing the proposed houses as CBS oonstFuctlon, between 1,200 - 1,500 square feet with up to three ..:. bedrooms, two baths and 1-2 car garages. He said they will also ,:~::, . include landscape packages, drlveways and appliances and enable the .: p~ospecttve buyer to move ~n ~lth the only payment belng a $500 aecuttty deposit. *. Commissioner Volpe asked if the price includes the house and the .lot, to which Mr. Marsh replied in the affirmative. . Gommissioner Volpe questioned if there is an assumption of waiver or refund of impact fees? Page 18 August 14, 1990 Mr. Marsh replied his corporation is asking the Commission to allow his corporation to receive any benefit normally received under the existing ordinances that allow for waivers. He said the price of $61,000 is assuming there are no impact fees, excepting water and ,,~,~...-. Commissioner Volpe asked at what density will this housing be )ped? Mr. Marsh answered, depending on site location and existing ordi- .nances, on average they will be built at 3.54 units per acre. Commissioner Volpe remarked earlier in the meeting a question was answered stating local contractors will be utilized for construction, yet the executive summary indicates Talquin Development Company of St Petersburg will be the construction and design firm. Mr. Marsh explained Talquin Development will be the construction manag,:r supervising the various contractors who will be employed on the project. He added the 126 units are proposed to be built all at the same time. Co~tssioner Shanahan &sked what will happen if the tenant ts ~decided about purchasing the property7 Mr. Marsh replied the reserve account that generates the down- pa~ent stays with the owner until such a time when another qualified family moves into the house. He said, for example, the family that moves in du~ing the second year will get the full benefit of the reserve account. He said this account Is not dedicated specifically for that tenant unless they successfully complete their 4-year ten~cy, at which time they must make a decision to purchase or not. stated if for some reason they cannot qualify fo~ an FHA mortgage, .e. mortgage rates increase to 20~, ~hey will have the option to rent. that unit for another year until the rates come do~. In an~er to Co~issioner Hasse, Mr. McLemore explained the $30,000 fee is an affiliation fee which makes Collier County a client with NDC, bringing various resources to the County to address the problems in this community. He said tn the past there were federal Page 19 August 140 1990 ~?'~Tant programs which are no longer available. He indicated NDC is an organization that was set up through private interests across the nation to try and plug the gap between all the prior federal programs to address important community issues. He stated NDC has put together a number of innovative programs to continue the effort to deal with ,'~' such issues as redevelopment in communities. He said there is no need for redevelopment in Naples but there is a great need for affordable housing and this program works, is available, has endorsement on the ~ii,,federal level and can be implemented immediately. He said it is only ~uone of the kind of services under the umbrella of affiliation with NDC. He informed NDC over the past 12 months has worked with Staff in putting together approxlmately $2 million in federal and state grants related to the development of Immokalee Industrial Park. He said that project is ready to go forward as soon as Collier County is ready to si~n a lease with a tenant. He informed Staff is currently nego- tiating with 5 companies to determine who will be the rec¥cler. He added at this point in time Staff is working through NDC and its con- ;?.tacts,~,~,~ w~th a mobile home manufacturer who is interested in coming to the Industrial Park in Immokalee. Commissioner Volpe related his concern that the Board of County Commissioners is being asked to enter into a contract with NDC for $30,000 for a program to promote affordable housing, when the Commission has already identified affordable housing as an important '~ need and has been taking steps to assist in the development of affor- dable housing. He concluded he cannot believe someone is not making money on this project· Mr. Marsh explained if the project is successful and works the way is designed to and there is a residual amount of money at the end of the 4 year lease period, the County w~ll get a share of that amount <which may be more or less than the $30,000. He reiterated his company "does not take windfall profits out of projects because it is a not- !f~r-profit organization. He said if his company undertakes a project uon behalf of a municipality the benefit of that, after legitimate Page 20 August 14, 1990 expenses associated with doing the project are pald, flows to the County. Commissioner Saunders asked what the vehicle will be to ensure ' that the County will benefit from any windfall profits? Mr. Marsh indicated the standard NDC contract should include that i...protection. ~.~ . In answer to Commissioner Volpe, Mr. Dorrill replied the $30,000 ?:t~ is within the FY 90 Community Development Division budget. <. Commissioner Goodnight commented the situation with NDC is similar to one of several years ago, when the County brought in a consultant ~:. to help receive the Community Development Block Grant at the State [:i'J level, after the County had been turned down for four consecutive 'i::~ ~' years. She said because of the knowledge of that consultant, the County benefitted by $650,000. Commissioner Shanahan remarked there appears to be a considerable ~i~' return possible on the investment of $30,000. <;~[ Mr. McLemore indicated Staff Js of the opinion that the County will get back this $30,000 investment many times over. ~. -~ Mr. Fred Thomas Vice Chairman of the Collier County Affordable {.~,[ Housing Task Force and Executive Director of the Collier County · Housing Authority, stated the Task Force is in the final stages of preparing a written report for the Board He said the target popula- tion ks deflned as those very low, and low and moderate income fami- ~l~es who fit one of the following four categories: 1) are living in substandard housing; 2) are/or living in overcrowded housing con- '?'~ ditions; 3) or are paying more than 30~ of their income for shelter · rent; and 4) those people who have to commute from out of County or ~t:!<!more than 30 miles in order to find suitable affordable housing. He :' said the "Rent to Own" program addresses that need, especially the - upper income portion of low to moderate income families, giving them · :~ the opportunity to purchase homes. He stated there are approximately 25 families in Immokalee that he is aware of who are earninG more than : $25,000 and have nowhere to go. He explained four families were Page 21 AUgUSt 14, lgg0 ~[forced in the past year to move back into substandard housing because ii~.ithey were earning more than the income allowed in a subsidized program, and there was no other housing available to them. He said ~.h!the Habitat for Humanity is a very worthwhile program, but its focus is on the most needy families, and families earning more than $25,000 cannot be considered needy. He reported he has met several times with representatives of NDC over the past year and appreciates their atti- tude of looking to the community for its concerns and also its resour- 3: ces. He concluded the "Rent To Own" program is the klnd of servlce needed as part of the County's arsenal in dealing with the target population identified. Ms. Debby Riggin, Executive Director of The Housing Partnership for Collier County, stated her organization endorses an active role on !~3~. ~.the part of Collier County government in promoting affordable housing. She said the two most active undertakings on the part of County government have been the impact fee ordinance, which provides for the ~i' exemption and rebate of impact fees on affordable housing and the · hiring of a consultant to provide direction and expertise to the :. County. Mrs. Dorothy Fitch, Co-President of the League of Women Voters of Collier County and member of the Affordable Housing Task Force, expressed the League's support of the "Rent To Own" proposal. She { stated there is a severe need tn Collier County to increase the supply .~.'[ of 1OW to moderate income housing in suitable environments and the elimination of substandard housing for al/ ages of the population, ,:' working families, the retired and elderly and the rural community. Mr. Chuck Mohlke explained he is the director of Affordable iHousin~ of Southwest Florida, a 501c3 organization that is attempting to find a role in the development of similar affordable housing pro- ~i'~Jects., He endorsed Staff's recommendations and the NDC, further ['stating the Board is likely to see within the next 12 to 24 months other entities with similar proposals to develop on behalf of a ~<locally incorporated 501c3 entity. Page 22 August 14, 1990 Mr. McLemore concluded Staff feels this project will be effective in dealing with the need for affordable housing in Collier County. He stressed that the problem will not be solved unless there is a multi- rude of players involved using the resources available. He stated if this contract is approved, he will stand before the Board next year with results that will make the Board happy Commtuloner Saunders moved, seconded by Commissioner Shanahan and carried unanimously, to approve the "Rent To Own" housing propram con- cept m:d commit 830,000 of contingency funds to continue the contract with Nmtional D~vmlopment Council for assistance tn obtaining economic *** Deputy Clerk Hoff~an replaced Deputy Clerk Guevtn at this time : RICHARD D. SPARKMAN RE RENTAL AND SALE OF SEXUALLY EXPLICIT ADULT VIDZO TAPES AND MAGAZINES - COUNTY ATTORNEY TO CONSIDER REGULATIONS RE ADULT MATERIAL AND PROVIDE RECOMMENDATIONS Attorney Richard Sparkman, representing Modern Age Video, Inc., C & M Videos, Inc. and Intimates, presented a proposed ordinance with ??!respect to adult videos, magazines and other materials for the Commission's consideration. He explained that on February 21, 1990, ~: :. the Sheriff's Office arrested 13 persons on numerous counts of ii[i,: transmitting and possession of obscene materials. He advised that ~ii~i(ithese people were businessmen and their employees none of whom had prior criminal records. He indicated that tn preparing to defend these persons, the attorneys found widespread acceptance of adult materials tn the community. He presented.petitions and letters with '.1,600 signatures in support of the proposed ordinance. Attorney Sparkman explained that the Intent of his proposal Is to ,, iclartfy the selling and r-ntal of adult materials In Collier County. ~:~':, He reported that it ts not clear as to what is prohibited under the y statute. Commissioner Saunders stated that he is uncertain as to whether Commission should attempt to define what is and what is not Page 23 (4 August 14, 1990 "obscene. Attorney Sparkman advised that the proposed ordinance provides for i~.!~the locations where these materials could be rented or sold, noting that this could not take place at private residences and all zoning re~ulations with regard to businesses would have to be met. He indi- cated that no person would be able to advertise or have outside signs ~,,.~' order to avoid strip zoning. He affirmed that signs would be allowed inside the places of business stating "Adult Titles at the !i~FJCounter Upon Request, Only". He pointed out that these sales would be limited to persons 18 years of age or older, and the materials would be labeled "Warning Adult Material, Keep Away From Minors". He noted that there would be no viewing on the premises and no employees under i the age of 18 would be permitted to work in these establishments. Mr. Sparkman reported that tn large urban counties, i.e. Dade and Broward, when these matters are taken before a Grand Jury, they do not find these materials to be obscene under FS 847, but they have found :them to be obscene in rural counties, and therefore, they are prohi- bited. He expressed that as Collier County becomes more urbanized, there is the likelihood that a Grand Jury would find that prohibiting these kinds of materials would be a violation of the First Amendment · He disclosed that by not adopting an ordinance of this nature or waiting for a future Grand Jury or waiting for a Supreme Court decision, diminishes the County's opportunity to place any control upon these mater/als. He noted that the proposed ordinance restricts and regulates adult materials, protects the youth, prevents strip .~zoning and advertisement, and destroys the black market which is pre- ',::,sentl¥ in Collier County· He requested that the Commission consider the ordinance in order to allow the opportunity to exercise some control over these materials. :,. Commissioner Volpe asked if adoption of the ordinance would ish a com~unity standard by the Soard of County Commissioners as ,osed to the way that community standard should be established. Mr. Sparkman replied that when he discussed this matter with the States 47 ' Page 2 4 ~ . August 14, 1990 Attorney and the Judges their concern was that this is 1990 and there has been an increase in the population, and they really did not know ~f a community standard would be established and suggested that the County officials set a standard County Attorney Cuyler advised that his office is in the process of researching this matter, and he will be providing a recommendation with respect to same in mid September. He indicated that he will be reviewing Mr. Sparkman's ordinance and would be happy to have his Commissioner Volpe stated that he would like to see some type of licensing for the proprietors of video stores that do have adult oriented materials. He suggested that possibly there could be a requirement providing 'ihat a certain portion of the business would have to be something o'~her than "X" rated materials. Mr. Sparkman indicated that he has no objection to this. County Attorney Cuyler reported that he will have a draft of the ~l>..ordtnance ready by the end of September, with a public hearing to ' follow in October. Mr. Tom Maloney stated that the ordinance asks the Commission to approve "X" rated materials, and this may or may not be legal. He .noted these materials should not be regulated by a County ordinance. Mr. Andrew DeLong urged the Commission to review the ordinance that consideration be given to all the residents in Collier County. Mr. Bud Kornse remarked that he understands the First Amendment Rights, but he referred to the question of conduct, noting that he ects to the ordinance. ~ Commissioner Saunders stated that he has no objection to the County Attorney considering the matter of adult material, but is not supportive of the concept of the Commission, by way of ordinance, to define what is obscene and what is not, since this will be a tremen- .~.dous nightmare. He noted that there may be some merit to regulate how adult entertainment materials should be distributed. C,~m/~i~ner Sanndsrs ~oved, seconded b~ Co~issionsr Shanahan and Augl~st 14~ 1990 cmrrie~unani~ously, that the Comity Attorney consider the regulation ~:~,. of the distribution of adult entertainment material in a draft ordi- n~ncs, but that no attempts be made to define in the ordinance what is /:obs.=erie ~ndwhat is not obscene. RF~OLUTION 90-414, RE PETITION SMP-8g-8, GEOFFREY G. PURSE OF W. LAMAR EVKR~, INC., REPRESENTING JOSEPH AND CATHERINE TRUPIANO REQUESTING SUBDM$ION MASTER PLAN APPROVAL FOR HERITAGE PINES LOCATED ONE MILE WEST OF 1-75, EAST OF WILLOUGHBY ACRES AND ?00 FEET NORTH OF I]~OEALEE ROAD - ADOPTED SUBJECT TO STIPULATIONS Legal notice having been published in the Naples Dally News on July 29, 1990, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition SMP-89-8, filed by Geoffrey Purse of W. Lamar Evers, Inc representing Joseph and ~'Catherine Truptano, requesting Subdivision Master Plan approval for .ge Pines. Planner Ntno announced that the petitioner is requesting approval a small Subdivision Master Plan located tn the Willoughby Acres ?area, lying west of the extension of Livingston Road and the power that runs north and south to the west of Livingston Road. He .rd that this application has been revlewed by all pertinent agen- cies, and they have all recommended approval, subject to the stipula- tions in the Agreement Sheet. ~ Mr. N/no stated that this petition Is deemed to be consistent with the Growth Management Plan, noting that there will be less than 4 g units per acre. ~:.,.;~, Mr. Ntno advised that the Collier County Planning Commission una- nimously recommends approval of this petition. He noted that there has been no public opposition, and Staff recommends that this petition ~roceed tn accordance with recommendation of the CCPC. In answer to Commissioner Volpe, Planner Ntno advised that the developer encountered a number of design problems: i.e., the need for 7modifications due to concerns of a resident who will be living Imme- next to a road, and discussions with regard to amending the plan to provide an additional buffer that would give that resident Page 26 August 14, 1990 ficient land to qualify as a corner lot. He noted that there was ' also a lengthy debate with regard to whether this street should end ~:, a cul-de-sac or some other configuration. Mr. Geoffrey G. Purse, representing the petitioner, stated that ':.'y'his client concurs with all stipulations. He noted that the time frame as alluded to by Mr. Nino was due to concerns of the road ~$17 situation in Willoughby but those issues have been resolved. He indl- ?j~ cared that water and sewer are available to the site. There were no other speakers. Co-~Xssio~er Shanahan ~oved, seconded by Commissioner Goodnight ~'?,an~ caxTiedunani~ousl¥, to close the public hearing. Co~./ssioner Shanahan moved, seconded by Commissioner Volpe and ca.tied unanimously, to approve Petition SMP-89-8 subject to all sti- Imlations, thereby adopting Resolution 90-414. Page 27 August 14, 1990 I%ESOLUTION 90-415, RE PETITION SMP-89-22, JOHN LEE OF HOLE, MONTES AND ASSOC., INC., REPRESENTING AUDUBON JOINT VENTURE, REQUESTING ~OuD~¥~SION MASTER PLAN APPROVAL FOR AUDUBON AT NAPLES, PHASE II, FOR FROPEi~I~LOCATED IN AUDUBON COUNTRY CLUB - ADOPTED SUEJEGT TO STIP~LATION~ AS AMENDED Legal notice having been published in the Naples Daily News on July 29, 1990, as evidenced by.Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition SMP-89-22, filed by John Lee of Hole, Montes & Associates, Inc., representing Audubon Joint Venture, requesting Subdivision Master Plan approval for Audubon At Naples, Phase II, located on the West side of Vanderbilt Drive, South of Bonita Shores Subdivision. ~' Planner Bellows stated that the objective of this petition is to obtain Subdivision Master Plan Approval for all 157 single-family ~!~residential lots. He noted that the subject property is located within the Urban Residential designated area in the Future Land Use Element. He related that the density for the existinG Audubon PUD ilz0ning district has been determined to be consistent with the Growth Management Plan. He indicated that the general overall design of the subdivision is executed in a manner that is consistent with the sub- division regulations and the Audubon PUD document. He advised that all reviewing agencies have recommended approval of this petition sub- 3~ect to the stipulations as contained in the Agreement Sheet. Mr. Bellows explained that prior to his presentation, local resi- dents expressed concerns with regard to the location of fence in the .buffer area. He pointed out that in order to alleviate these con- cerns, Staff is recommending that Stipulation "Y" be added as follows: Y. A fence shall be located adjacent to the southern edge of the existing vegetative buffer along the northern boundary of the cleared easement, subject to approval of Collier County Utilities. This shall be accomplished by removing no existing vegetation, if feasible. 17~ >' Mr. John Lee, representing the petitioner, stated numerous 'discussions were held with Environmental Staff with respect to the ~pland preserve areas, final determination of which will be de%er- :!mined at the time of platting. He noted that he has no objection to Page 28 August 14, 1990 ~i'the additional stipulation relative to the fence in the vegetated buffer area. ~ Mr. Donald Dawson stated that in May, 1989, the petitioner agreed to place the fence in an area that would not cause any further distur- x-~ bance to the vegetated buffer area. He indicated that the fence was i(;.. to be located in such a way so there would be no further cutting, removal or clearing of the existing vegetation. He requested that this language be Included tn Stipulation "Y". He indicated that the ~-~ petitioner has already taken 15' of the buffer in some places. Mr. Lee indicated that the petitioner does not desire to clear any %L, additional vegetation, but his concern is that there is 1/2 mile of f~:;}, fencing required, and the vegetation that has been removed will be replaced. Commissioner Saunders suggested that the petitioner stay out of the buffer unless approval from Staff is obtained in advanced. Mr. Lee concurred with this suggestion. Mr. Dawson related that the petitioner could locate a fence along northern boundary of the water easement, and he would have ?.6' - that is already cleared. :::.~ Commissioner Hasse stated that he believes that Staff is capable of forming an opinion as to whether one palmetto bush should be moved ~.~ it should happen to be in the way of the proposed fence. , Commissioner Volpe asked when the petitioner anticipates providing the chain link fence, to which Mr. Lee replied that this will be done within the next few months. Mr. Bellows advised that the location of the fence would need to 'be in compliance with the requirements of the PUD document. Mr. Dawson stated that he feels that the Commission ts "undoing" what was accomplished at the meeting in 1989 . Commissioner Hasse Indicated that he recalls the meeting of 1989, -and noted that he, too, desires to preserve the woodlands. Commissioner Volpe stated that he does not feel that the commission is "undoing" anything since what was previously agreed to Page 29 August 14, 1990 the developer will be implemented, and within the next two months the fence will be installed and he has committed to the preservation the tmffer area. c~ri~d unanimously, to close the ~bltc hearing. There were no other speakers. Co~Ieefon~r Volp~ ~ov~d. seconded by Coulasioner Goodnight ~nd Co~Ieeioner Volpe ~oved, seconded by Contestoner Goodntght and carrt~ un~ni~ously, to a~r~e Petition ~-89-22, nbJect to Staff's sti~lltto~, ~ the I~ttio~l sti~latton with rea~ct to the pre- ~mtta of the ~ffer to t~ north of the fence, ~d the d~elo~r will ~rk with Staff with re.rd to the siting of the fence to pre- ~ t~ ~ffer ~ea, there~ a~pttng Resolution 90-415. Page 30 August 14, lgg0 ~C5 :"' It~.~OLUTION 90-416, RE PETITION AV-90-015, KRIS DANE AS AGENT FOR NAPLES/NEW YORK PARTNERS REQUESTING VACATION OF PRESERVE AREA ON A PORT~0N OP LOT 31 OF THE PLAT OF BAYFRONT GARDENS - ADOPTED Legal notice having been published in the Naples Daily News on ![.July 29, and August 5, 1990, as evidenced by Affidavit of Publication ~'~ filed with the Clerk, public hearing was opened to consider Petition ~15, filed by Kris Dane, as agent for owner, Naples/New York s: Joseph Godfrey Trust, Ralph Cioffi, Lewis Noschese, Joiner W~nfield Companies Florida Partnership, for the purpose of building ~across Preserve Area. Transportation Services Administrator Archibald advised that this ii item is a public hearing to consider the vacation of the Preserve Area tn Lot 31, Bayfront Gardens. He stated that this plat is located ~!' tn the Lely Barefoot Beach area. He noted that the plat for Lot 31 . was a Preserve Area which was disturbed by other parties and in order · to correct this situation, the applicant has vacated the area as ori- ~ginally platted, and then dedicating a Preserve Area on the same lot 'iof a larger size. He related that the reason for the vacation is to ~.~h~nsure that it does become a butldable lot. Mr. Archibald explained that Staff has gone through the process of ' notifying owners, and have received the appropriate letters of No f Ob~ection. He reported that the resolution, as part of this agenda ~tem, Includes not only the vacation in accordance with FS 177 of existing preserve area, but also the dedication of a larger pre- serve area. In answer to Commissioner Vo/pe, Mr Archibald stated that the westerly side of Lot 31 is the Preserve Area that currently exists by i;plat, and the dedication w~ll be on the east side of Lot 31. There were no speakers. C,o~m~s~oner Volpe ~oved, seconded by Commissioner Shanahan and 'C.~XT~ed ~n~u~ly, to close the public hearing. ~e~o~r S~~ ~, seconded ~ Co~ss~oner Vol~ ~d ~~ly, to a~r~e Petition AV-90-015, there~ adopting 90-416. Page 31 ~" August 14, 1990 ~t~ ~ ?*< PHTITION &V-90-16, TIMOTHY CABRAL AGENT FOR 30HN T. M&GOC$, REQUESTING VAC&TXON OF & PORTION OF TH~ SIX FOOT DRAINAGE AND UTILITY EASEMENT LOC&~ ON & PORTION OF LOT~ 4 AND 5, BLOCK 8:1, GOLDEN GA/~ UNIT - CO~ITI*NU&'D FOR TWO ~ Legal notice having been published in the Naples Daily News on July 29, and August 5, 1990, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition AV-90-016, filed by Timothy Magocs, requesting to vacate a portion of the six foot drainage and utility easement fo~ the purpose of future ;]~ construction of a four-plex building on Lots 4 and 5, Block 81 Golden Gate Unit Three. Transportation Services Administrator Archibald reported that th~s involves the vacation of the side yard drainage and utility easements on Lots 4 and 5, Golden Gate Unit 3. He explained that these two parcels of property are located on the South side of Golden .Gate Parkway, West of 44th Terrace, S.W., and North of 2?th Place, S.W. He pointed out that this is an area where there are a number of mu/ti-family units and the zoning is RMF-12. Mr. Archibald stated that the property owner owns Lot 4, and the west 1/2 of Lot 5. He explained that recognizing that there are 6' easements on all lot lines the existing lot lines are prohibiting the owner from taking advantage of the area that he actually owns. He related that without the vacation, the petitioner could develop under current zoning, but would only be able to instal/ two units. He noted that if the side yard vacation is granted, the size of the parcel becomes much larger and 4 units could be placed on that parcel. In answer to Commissioner Volpe, Mr. Archibald reported that the ?i~:easements are not currently being used or proposed to be used, and , there is no benefit to those parties. He noted that this '.property is vacant, and if it is developed, it will support a ta~ base 'Of some type. Hr. Arch/bald explained that the zoning is RMF-12 which gives the ~*appltcant the ability to construct up to four units. He stated that Page 32 August 14, 1990 ~%.;the Commission may wish to include a condition on the vacation which restricts this to 3 units. Commissioner Hasse indicated that this makes sense, noting that it would make a better improvement. :i(. Commissioner Volpe related that during the Golden Gate Master Plan public hearings, many of the residents expressed concerns with respect 'to the aesthetics of the community, i.e. the four-plexes located on :~; Golden Gate Park'~ay with parking areas along the front. He noted that he is tn favor of a reduction but would also give the property o~ner '!~'the opportunity to build .omethtng more than a duplex. Commissioner Hasse concurred with Co~u~tsstoner Volpe, and added that he would also like to see additional parking. Mr. Archibald stated that possibly The Commission could consider site development plan conditions, t.e parking, landscaping plan, and the reduction to no more than three units. County Attorney Cuyler stated that these types of things are issues that he would like to see the applicant present for the record Mr. Archibald suggested that this item be continued, with the Idea ?of coming to an agreement with the owner to make provisions as out 1 tned. Co~Aleloner Volpe ~mved, eeconded by Commissioner Shanahan and c~rried ur~ni~mu~ly, that Petition AV-90-016 be continued for a period [[~ii, of,~ w~ek~ to allme Staff to contact the petitioner. ~ ~ RESOLUTIONS 90-24/28 AND 90-30 - ADOPTED Legal notice having been published in the Naples Daily News on August 11, 1990, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider amendments to the Fiscal Year 1989-1990 Adopted Budget. Finance Director Yonkosky explained that Florida Statutes requires that any amendment to the budget of any fund that increases the total )riations be approved after an advertised public hearing. He that this is the third quarter advertised public hearing budget ustment. Page 33 August 14, 1990 Mr. Yonkosky stated that there are six budget amendment resolu- :tions which require Board action. Couissioner Volpe noted that several of the increases relate to the Library, and using impact fees to increase the appropriations. He asked Mr. Yonkosky to explain the Library shot':fall Mr Yonkosky indicated that he is uncertain that there was a shortfall, but there was a larger amount of impact fees plus $40,000 in interest which was not appropriated. He reported that the Commission had already 'approved this increase, but it had not been included in an advertised public hearing. County Manager Dorrill stated that this resulted from the c611ec- of impact fees being higher than anticipated. There were no speakers. ~smioner Goo~night ~oved, seconded b~ Commissioner Sh~ ~~r S~ ~, secon~d ~ Co~tsstoner Go~tght Page 34 August 14, 1990 IlECTIIO~ O! OPTION AGREElilIT FOR THE GARGIULO PROPERTY APPROVED; STAFF TO EVALUAT~ FINANCING PLANS AND BRING BACK; STAFF TO PROCEED NITII N~TI&TIONS OF THE T~w~CO SITE AND PROVIDE RECO~ATIONS Legal notice having been published in the Naples Dally News on li!::;~ July 14, 1990, as evidenced by Affidavit of Publication fi/ed with the Clerk, public hearing was opened to consider the execution of an option agreement to purchase property by and between Collier County ~and Dewey R. Garglulo, Trustee, for property located east of the Government Complex. Assistant County Manager McLemore indicated that the Commission ~.'.: previously directed Staff to pursue negotiations with Mr. Dewey ?' 'Gargiulo, with regard to the acquisition of the property adjacent to the Government Complex. He advised that Staff has received the !5. appraisals documents and have negotiated a purchase price of $3.8 ~!i/"million. He noted that the two appraisals were $3,820,000 and $4,170,000. :" Mr. McLemore requested that the Commission grant the authority to "execute the Option Agreement, and Staff will return requesting ¥ with regard to the final transaction to purchase. He stated ?that Staff needs the appropriate direction to go Into the market place for competitive bids for the private placement of the bond issue which ~.~would be used to acquire this property and to make the necessary Improvements for a ground level parking facility which would provide 520 parking spaces. He stated that the pricing of the competitive placing issue will be compared with that of the Countyms established of credit. i~.i. Mr. McLemore stated that in addition, he Is requesting the authority to commence negotiations with the owner of the Texaco pro- ~rt¥, which is the other section of this acreage. He related that ;raisals for this property are forthcoming, and upon receipt of i~ame, Staff will negotiate a price and come back to the Commission. '~' In answer to Commissioner Hasse, Mr. McLemore advised that the cost for the Gargiulo property is $3,800,000; an estimated cost of Page 35 August 14, 1990 ~,':~$500,000 for the ground level parking facility: and $100,000 for ~eous and closing costs relative to the bond issue. ~:?.~: Transportation Services Administrator Archibald stated that the parking area is designed for 525 spaces, noting that the budget as outlined also includes drainage, landscaping and lighting. He indicated that the location is appropriate to serve the new i{': Courthouse Building and will be adjacent to the perimeter road and ?~existing parking areas. <i:i Commissioner Saunders noted that the option period expires un November 13th, and questioned whether funds could be shifted around to ~! pay for this property if the Local Option Sales Tax passes in ~November, or if arrangements could be made with the owners to finance ithis acquisition over a period of two years. Mr. McLemore replied owner financing was addressed, but the owner indicated that he desires to receive his money upfront Commissioner Saunders stated · ~!'~' that he prefers not to use bond issues if at all possible for the purchase of land, noting that there will be over a million dollars of interest over a five year period. Commissioner Volpe reminded the Commission that the County b? .Attorne¥~.. has been directed to review impact fees, i.e. government building impact fees. County Attorney Cuyler stated that his office be looking at these impact fees within the next couple of months. Comm~ssioner Volpe questioned why the ! mill capital improvement ;levy could not be used for this purpose, to which Mr. McLemore replied it is proposed to annualize the payments from the ! mill fund. County Manager Dorrill stated that the County does not have $4 million to be able to fund the other ! mill pro~ects which include the ~letion of the Health Department, construction of the new downtown ~ibrar~, and the construction of the Agricultural facility. , Commissioner Saunders asked Mr. McLe~ore to present the various options of financing to the Commission. He questioned whether there '~s the opportunity to further explore the possibility of owner 'financing. Page 36 August 14, 1990 Attorney Richard Aaron representing the Gargiulo Trustee, stated ~ that the option agreement would allow the opportunity to explore this option. In answer to Commissioner Saunders, Attorney Aaron advised that [;the option agreement does not require an environmental survey, but there Is a contingency which gives the County a 30 day Inspection ~,~,:/~/period which Includes environmental audits. ~' Commissioner Saunders stated that Staff should be cognizant of this, since there may be major headaches associated with the purchase of the Texaco site. !~.~.. There were no other speakers. ~oemisslon~r Saumlere ~oved, seconded by Co~aiseloner Shanahan and carrte~ mmantml¥, to close the Irabltc hearing. Commissioner Saxmders ~ved, seconded by Co~aisstoner Shanahan and c~rried un~xlimly, to approve the exeatton of the Option A~reeunt, ~md Staff to m fone~rd with the ~valuatton of the various financing · .. alter~ativ~ ami the negotiations of the Texaco property. Page 37 August 14,, 1990 l:~Xl~IO~ FDPO-90-4, MARTY V. ELLZ~ON, ~Q~STIRG A V~Z~CE ~OM ~ ~E ~OOD EL~ATIOR ~R ~OPER~ LOCATED AT 629 ~ 18~ ~ C~ G~D~ ISLES - CO~I~D ~R NI~ DAYS Legal notice having been published In ~he Naples Datly News on July 29, ~990, as evfdenced by Affidav~t of Publicat~on filed with the ~?~ Clerk, publfc hea~fng was opened to cons~de~ Petition FDPO-90-4, filed ~ Ma~y V. Ell~ngton, mequest~ng a vamfance f~om the M~nlmum Base ~lood Elevation ~e~f~ed by O~dinance 87-80. Petitione~ is ~equest~ng a 5.5 foot ~eductfon f~om ~he Flood Insurance Rate Map (FI~) 12 feet ~e~frement to 6.5 feet NGVD, fo~ property located at 629 Palm Avenue East, Lot 18, Block C, Goodland Isles F~st Addition Planner Mu/here explained that the petitioner is requesting an variance of 5.5 feet from the requlred flood elevation of 12 feet to 6.5 feet tn order to obtain bufldtng permits for an addition to an existing single family home. He reported that a sfngle i:~J~family home on stilts was constructed on this lot in 1985, and in c:-1986, the petitioner enclosed a 12' x 12' area under the existing home. He noted that the addition was equipped with kitchen and bath facilities, and is currently being used as a residence for the pett- :~i**i ttoner's parents who have health problems and are unable to climb Mr. Mulhere advised that the Code Compliance Inspector became aware of the violation and required that the violation be removed or !that a variance be obtained. ~,.. Planner Mulhere affirmed that the Flood Damage Prevention .Ordinance allows enclosed space below the flood elevation level to be ~used for the parking of vehicles, building access, or storage. He said a variance may be granted for other uses, only if: the request ~,is determined to be the minimum necessary to afford relief; the shows good and sufficient cause; failure to grant the request Would result in exceptional hardship and the granting of the variance not result in increased flood heights, additional threats to Page 38 August 14, 1990 safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with the existing local laws or ordinances. Mr. Mulhere indicated that he received a comment with respect to this request, from Emergency Management Director Pineau, who states that the subject site ts located in the Category I Vulnerability Zone and ts subject to hurricane force winds approximately once every 7 years; also the proposed development is located in the AE Zone on the latest National Flood Insurance Program FIRM maps. He further noted that the proposed development is not in the Coastal High Hazard Area, but the requested elevation of 6.5' would result in the addition ..~ receiving flood waters during all storm categories, and would make emergency access impossible. He stated that since the building has been completed, the variance should be granted with the caveat that no would be permitted below the minimum required base flood ~'~elevation of the building if the building receives 50% or greater in ~:i~!idamages in case of future storms. Mr. Mu/here reported that Staff has reviewed the responses from all appropriate agencies, and recommends denial of this petition. ~.;:. Commissioner Shanahan questioned if the elderly couple will be !'/forced to move out of the addition if the variance is not granted. Mr. Mu/here replied that the elderly couple would have to find resi- ~" dence elsewhere. He noted that that portion of the structure could no longer be used as a residence. 'Mr. Bud Kornse, representing the petitioner, stated that the ~!~;;Ellington's are a close knit, hard working family. He indicated that i~~', because Mr. Ellington's mother suffers from congestive heart failure, and the inability to climb stairs, ~he lower portion of the home has been.t~rned Into living quarters for his elderly parents He reported the senior Mr. Elltngton is incapacitated, since he was involved {n an auto accident in May, 1990. He noted that this is a case of extreme hardship, and urged the Commission to grant the variance. Page 39 August 14, 1990 :::~. Commissioner Volpe stated that if the variance request had been made In advance of the work being done, due to this type of medical condition, he ts not certain that he would have been motivated to Grant same given the fact of the safety of the people who reside tn ,this area. He noted that the Commission is being asked to allow ~le to occupy a building which is below the established flood els- ~Jvat ion. ~:':- : Commissioner Saunders pointed out that the problem is not with the individual petitioner or his safety, but with the guidelines under Federal Regulations by which certain variances may be granted. He remarked that if the Commission continues to fail to comply with those ~utdeltnes, all Collier County residents may be encountering some !~ drastic sanctions by the Federal Emergency Management Agency, i.e. ~.[ eliminating flood insurance, and the potential for the elimination of deposit Insurance. ;~)> Commissioner Saunders suggested that the variance be denied, but ~i::that enforcement action not be taken. He noted that if the variance ~:~i-~ Is Granted tn this circumstance, persons with every type of medical problem will be requesting variances of this nature, and they will ~.have to be granted. ' Planner ~ulhere stated that he has concerns with regard to this and the following petition, which ts of a similar nature, being pre- ;cedent setting. He ~uggested that the Commission may wish to consider one additional condition: if 50~ or more of this structure is .:destroyed and cannot be re-built, limiting the habitation to family members through an agreement, and when there is no longer the need, ~::there would no longer be the purpose for this structure. County Attorney Cuyler explained that he cannot advise the 'Com~ission not to enforce the ordinances, but if there are some unique ~;::.'....circumstances with respect to this petition from other petitions, the ~_~.vartance may be Granted on that basis, or the petition may be con- tinued for 45 or 60 days so that he can meet with staff and review this matter. Page 40 August 14, 1990 ;. (l~.~t~iO~r ~dere l~oved, seconded b~ Co~io~ S~~ ~d '~[;.'~t~ ~~ly, to conti~e thie ~tttton for 90 ~ys to all~ PETITION FDPO-90-3, GARY SEES, REQUESTING A VARZANCE FROM THE MINIMUM ~ FLOOD ELEVATION FOR PROPERTY DESCRIBED AS 239 HARBOR DRIVe, (LOT !0r BLOCK 6r ~OODLAND HEIGHT~ SUBDIVISION) - CONTINUED FOR NINETY DAYS Legal notice having been published In the Naples Dally News on July 29, August 5 and 7, 1990, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to con- ~:;stder Petition FDPO-90-3, flied by Gary Weeks, requesting a variance from the Minimum Base Flood Elevation required by Ordinance 87-80. Petitioner is requesting a 6.5 foot reduction from the Flood Insurance Rate Map (FIRM) 11 feet NGVD requirement to 4.5 feet NGVD, for pro- ~iperty located at 239 Harbor Place, Lot 10, Block 6, Good/and Heights Subdivision. Planner Mulhere advised that this petition ts similar to the pre- i~;vious item. He reported that the petitioner is requesting a 6.5 feet variance tn order to obtain building permits for an existing addition to a single family home. j[i[ Mr. Mulhere explained that a single family stilt home was '~. constructed tn 1982, and subsequently enclosed with a 12' x 40' area equipped with kitchen and bathroom facilities. He noted that the enclosed area, below the required flood plan elevation of 11 feet ts · currently being used to house the petitioner's parents. [.: Com~issioner Shanahan moved, seconded by Commissioner Smunders and · c~rrted unanimously, that this petition be continued for 90 days to allow further review by the County Attorney. Clerk ~uevin replaced Deputy Clerk Boffman at this :~; F~,O~IFTION 90-417 RE PETITION V-90-11, COLLIER COUNTY UTILITIES ..i' DI1Fr$ION, RE(~UE~TING A 9 FOOT VARIANCE FROM TH~ REQUIRED 6 FRET HEIGHT LIMIT FOR A ~5 FOOT BERM/FENCE COMBINATION AT THE SOUTHEAST CORNER OF ~T. ANDREWS BOULEVARD AND WARREN STREET -- ADOPTED Legal notice having been published in the Naples Daily News on July 29, 1990, as evidenced by Affidavit of Publication filed with the Page 41 August 14, 1990 ,Clerk' public hearing was opened to consider Petition V-90-11 filed by Consoer, Townsend and Associates representing Collier County Utilities Division, requesting a 9 foot variance from the required 6 feet height "limit for a 15 foot berm/fence combination in an A-2 zone, located at Southeast corner of St. Andrews Boulevard and Warren Street for an .improved screen and buffer on the North side of the South County :er Treatment Facility, in Section 20, Township 50 South, Range 26 East, Collier County, Florida. Planner Hoover explained that in the mid 1970's, the South County ewage Treatment Plant was constructed at an approximate size of 200,000 gallons per day. In 1987 at a public hearing, he said, it was i:' approved for significant expansion to 20-30 mil/ion gallons per day. :i" He stated the approved site plan shows a 6 foot berm on the north side, with a 6 foot fence at the base of the berm. He indicated because this is an industrial-type use in an agricultural zone, Staff requesting a variance to create the 9 foot berm. Commissioner Volpe asked if 9 feet is high enough to screen the i facility? Mr. Hoover explained the S foot chain-link fence required by the State is proposed to be placed on top of the berm rather than at the base, and vines will be planted that will be a solid wall within 12-18 months. ~~:. Mr. Hoover continued that at the CCPC meeting, there were approxi- ~ately 15 neighbors present who were not opposed to berm/fence being !~ranted, but rather asked the County to address improving the landscaping and reducing the glare from the lights. He said the CCPC '~.~:recommended approval by unanimous vote, however, included were cen- dttions requiring that the County Utilities Division meet with neigh- !'bors, which has taken place. Co~missioner Shanahan reported those neighbor8 have also met with him, and they do not feel there is adequate bermtng, fencing, or ~landscaping. He said they feel the use of slash pines is totally ina- dequate and also feel the County is not doing the Job it should to 0 000 ,,:106 ' Page 42 August I4, 1990 the value of their properties. He commented the Board has an iF. obligation to satisfy the neighbors in the best manner possible and ~,~ the County should work with them to ensure there is a mutually agreement. /.~ , County Manager Dorrill advised that he and Mr. Clemons of the Utilities Department have been discussing this issue for two years. He said when the site was acquired and construction began, there were no houses on St. Andrews Boulevard to the north of the plant. He indicated he cannot be totally sympathetic with someone who bought their lot when a sewer plant was being constructed literally in the i~<adJoining parcel to the rear of them. He added Mr. Clemons has been endeavoring to develop the berm and screen the plant for two years. Commissioner Shanahan indicated the people he spoke with have been in those homes for quite some time. Commissioner Volpe remarked this is a residential neighborhood and whether these people bought knowing there was a sewage treatment plant there or not, the County' has an obligation to protect its residential ~ neighborhoods.. He said if there As something the Board can do with a modest expenditure regarding buffering, At should be done. Mr. Dorrill communicated the variance is needed to put the berm in place and develop the planning and irrigation necessary to implement ~> something as nice as possible. i. In answer to Commissioner Hesse, Wastewater Director Clemons ?replied there will be three-strand barbed wire on top of the fence plantings through it. Commissioner Hasse agreed with Commissioners Shanahan and Volpe !and suggested putting a tree line along the bottom of the fence to. ~soften the blow. ~ J Mr. Clemons replied that was the original plan, which has been cevieed to consider fuller trees than those originally proposed. Commissioner Shanahan advised the Board that Property Appraiser Colding has already made ~ decision to reduce the property values. :~f:):- Co~al~Aoner Shanahan ~nmd, aeconded by Co~aiseloner Saundere and Page 43 !'; c~wtedunanimly, to close the public hearing. August 14~ 1990 Co~teelon~r Sh~n~han moved, seconded by Conteeloner Volpe ~nd c&rrted m~nt~ousl¥, that Resolution 90-417 re Petition V-90-11 be Page 44 August 14, 1990 ~FLUTXON 90-418 1~ I'KTITION PU-89-8C, BUTLER ~N6IKEERIN6 ~."~~3Ffl~ LA~D FR~ LIMITED PARTNKRSHIP REQUESTIN~ AN EXTEnSION OF FHO~ISIONAL USE 'a" OFT HE E - ESTATES ZONING DISTRICT FO~ A T~MPLE AND RELATED USES AND FACILITIES - ADOPTED Bryan Milk, Planning Services, referred to Petition PU-89-8C, Richard A. Kennedy of Butler Engineering, representing Land il}!.Procllrement Limited Partnership, requesting an extension of !';Provisional Use "a" of the E - Estates zoning district for a temple Liand related uses and facilities. He stated this petition was approved by the Board of Zoning Appeals to allow a temple and related uses and facilities in an E - Estates zoning district. He said this provi- use will expire on August 22, 1990. He informed the applicant has received a preliminary site development plan and has begun the !~/final site development plan. He advised the petitioner anticipates ~jreceiving a building permit by the end of August. He concluded Staff ~nds the Board of Zoning Appeals approve the extension of Petition PU-89-8C. ~ton~r Volpe moved, seconded by Coatssioner Saunders, to ~ ~lutta 9~418 re Petition ~-19-~. In answer to Commissioner Hasse, Mr. Irving Berzon, representing the petitioner, replied they are now at the point where the plans and ~ specifications have been completed. He said bids were taken for the project on Au~st 2nd, a low bidder has been selected and financing ts tn place. He stated they hope to have the final site development plan ~approved within the next week and begin construction by the first week September. ~ ~11 fo~ t~ ~et~, the ~ti~ ~ri~ 5/0. Page 45 "'l~,~O~TIOl 90-419 RE PETITION PU-89-?C, JOHN W. CASKEY, JR., OF NAPLES I~ENT-AXJ, ~ S~ES C~, ~Q~STIN~ ~ ~SION OF ~OVISION~ ~ ~g~ ~ ~h~ OF ~ C-4 ZO~NG DIS~ICT FOR A USED C~ LOT ~ ~R ~AT S~ES ~ ~ICLE ~S ~ SALES, FOR ALL ~ICLES ~ A~BILES - ~D ~ STI~ATION Planner Hoover explained Petition PU-S9-?C, John W. Caske¥, Jr., ~/ of Naples Rent-All and Sales Company, is requesting a one year exten- '~i~ sion of this provisional use which was granted last August. He said ~ithe petition will allow the used car lot and outdoor boat sales and ';- vehicle rental and sales excluding automobiles in the C-4 zoning 'district. He noted the subject property is not in compliance with the i~;Future Land Use Element (FLUE) of the Comprehensive Plan. He said the ~i:'~Pr°perty is composed of two adjacent lots, one of which will have no problem receiving a Compatibility Determination Exemption. He . ~informed the remaining lot is undetermined at this point whether they will be able to receive a Compatibility Exception or a Determination of Vested Rights, however, it does not appear likely it will receive exemption. He advised the Long Range Planning Department has indi- cated approval of this PU will have no effect on the requirement to ?meet the zoning evaluation ordinance and submittal of a site develop- ~ment~ plan. He concluded Staff recommends approval of a one year extension of this PU without automatically granting vested rights or other extras. %!]i~. Commissioner Volpe asked if this needs to go through zoning reeva- why not allow it to go through that process and have the ~i'Pet~tioner come back with a provisional use once that determination has been made? ~y'.t'~ John W. Caskey, Jr., of Naples Rent-All and Sales Company, ~lained his plan requires a road to be developed which is an ease- ]~ent back to the Myrtle PUD. He stated a problem that developed was the County reevaluation of property became a concern to the Myrtle PUD. He said the~ are now questioning what kind of long term commit- they can enter into because he was going to develop the road. He indicated if he is granted this extension, he will be able to develop Page 46 ;~" ' August 14, 1990 ~e noted his original plan was to develop the western piece of land, ~]hold~n~ the eastern section for future expansion. He stated at this ~tnt he is now hoping to at least develop the western piece and wait to see what he will be allowed to do with the other section after the ~zonin~ reevaluation. Co~issioner Volpe ~estioned if the Board can grant a PU only for parcel which has been determined eligible for an exemption or exception under the zoning reevaluation? Cowry Attorney Cuyler replied the Board has the legal ability to continue the provisional use while restricting development to the par- t~cular portion of that property which has been determined to be com- patible with the zontn~ reevaluation. ~) Co~lssloner Volpe remarked he is open to consider granting an extension of the PU on the one lot which meets compatibility require- ments. Planer Hoover noted if the remaining lot is granted an exception, )riCh or Determination of Vested Rights, the petitioner will be red,red to ref~e for another PU. County Attorney Cuyler suggested adding a stipulation that the ~esttonable portion of land cannot be developed unless the petitioner ~comes back to the Board and can demonstrate it has been appropriately ~d through Growth Management and Growth Planning, has gone through zoning reevaluatlon and has an exemption of some sort. In 3~that.. way, he said, the petitioner will not be required to go through ~'the entire process of filing for another PU. {~- Co~iesioner Volpe reco~ended approving the extension of the PU the one lot which will not be subject to zoning reevaluation. ~,~.- Co~ty Attorney Cuyler suggested including the standard ~d~scla~mer ~n the resolut$on, stating th~s action will not give anyone .ability to claim vested rights. PaO'e 47 Augllat 14, 1990 9r~ntin~ an extension of the provisional use for both lots, with ~onstructton ltltted to the one lot not subject to zoning reev~- 'lutton; th~ p~ttttonar to return to th~ Board of County Co~atsstoners ~ton of th~ sec°nd lot after zoning reevaluation if it ts the~ d~t~ln~d to ~e in cc~pltance with the Growth ~~nt Plan. RESOLUTION NO. 90-416 NOT RECEIVED IN CLERK TO BOARD OFFICE AS OF JANUARY 4, 1991. Page 48 August 14, 1990 ~i. R~SOLUTTON 90-420 AUTHORIZING $35,000 FOR LOCAL SHAR~ 0F &N ECONOMIC D~"~ELOPMENT AI~IINI~I'RATION GRANT TO INSTALL WATER AND SANITARY SEWER ! LINE~ TO THE INDU~rRIAL PARK AT THE AIRPORT IN IMMOKALEE - ADOPTED Transportation Services Administrator Archibald explained this request is part of the federal grant application process for both water and sewer In the tndustrta! section of the Im~okalee Airport. said the Department of Couerce has requested that Collier County !';.create a resolution to ~uarantee quick access to the $35,000 local share if and when needed. He reported Staff has prepared a resolu- tion Indicating the Board of County Commissioners will make the $35,000 available and also that the monies will be obtained from the Fund. '"'**";' ' ~#iol~ez- Shanahan ~oved, seconded by Commissioner Goodnight · n~ =aZTted 4/0 (Commissioner Sounders not present), that Resolution 90--420 be adopted ~uthortztng $35,000 for the local share of an lconom/c Dev~l~t &a-tntetratton Grant to install water and sant- :tory ~r lines to the Industrial Park at the airport in I~mokalee. Page 49 ; August 14, 1990 Transportation Services Administrator Archibald stated the Board adopted Resolution 90-202 on April 10, 1990, undertaking the operation 'of the Marco Airport for a period of 90 days. He said this request is ~for an additional 90-day period. He reported the Department of ~Natural Resources is expected to make a decision within this period of time to lease on a long-term basis or sell the operations at the air- port. He indicated from April through June, revenues have exceeded !!i. expenses in this operation. He added although July, August and IE~September are slow months, activity is expected to increase again by the end of September. He said staff predicts that, overall, opera- tions at the airport will break even over the next 90-day period. He concluded Staff is recommending this budget amendment, which increases expenses and revenues by the same amount of $76,255. Go~missioner Volpe asked who is in charge of the Marco Airport? Mr. Dorrill replied an airport manager was hired at the incep- tion of this operation. He added there are also contract employees ~,~ ~ho do not receive any County benefits. Come/ssioner Shanahan ~crved, seconded ~ Co~tsstoner Vol~ ~d ~(~[ ~i~ 4/0 (C~tssioner S~ders not present), to .~r~e the ~'; ~t in tbs ~ndt~re ut resem u=t of $76,i66 to continue >.(: ~r~tt~ ~t t~ ~rco At~rt for u additional 90-~y ~rtod. s. ~issio~r Sa~ers retumed at this ttae. Environmental Services Administrator Lorenz reported Collier :[~, County has been selected a. one of the 25 finalists in the Ford :',~: Foundation's innovation Program. He said this application needs to be :f/prepared in order to be considered for this grant. C~miutoner ~hanahan ~, secd~ ~ Co~tsstoner ~o~tght ~ ~t~ 4/O (Calsstar S~ders not present), to ~thortze the Page 50 : August 14, 1990 ;Char/~ o~ th~ Board of County Co~mt~toner~ to sign the Award Appl:lcmt ton. Page 51 August 14, 1990 OF CONSULT DZCI~ - CONTII~U~D TO 8/28/90 i Environmental Services Administrator Lorenz explained this is a for the Chairman to si~n a consent decree with the Department [of Environmental Regulation (DER) regarding a violation that occurred !~:at the landfill on April 24, 1990. He said this was the result of .g bio-mass that had been brought into the landfill in violation of the rules for the DER. He stated after notice of violation was received, Staff met with DER to discuss fines and penalties and the ~final consent order drafted by DER is for a fine of $18,000 for that [(particular violation. He indicated he further discussed the magnitude of the fine with DER staff, and they are standing firm on the amount '[of penalty for that violation. In answer to Commissioner Volpe, Mr. Lorenz reported this was one i event and only one pile of material that was burned with the Solid Waste Director on site at the time of the occurrence. He explained {['~ the material was in the way of surveying activities. He informed in .the past, the State allowed the County to burn the material as a iresult of land clearing on site and that was the basis for the Solid ].Waste ~irector's decision. Unfortunately, he said, this particular material was brought into the landfill from off-site. ~,~ Commissioner Hasse asked who brought the material into the land- Mr. Lorenz replied this is typical material coming into the /and- ~fill as land clearing debris. Commissioner Volpe questioned what the procedure ie for deter- the amount of fines by DER? Mr. Lorenz advised penalties are set to some degree by district offices, but he is not certain if the fines are in writing. Commissioner Volpe asked if County Staff was aware that this was a ? Mr. Lorenz reported that'is a grey area because in the past the Page §2 August 14, 1990 was allowed to burn this material on site as a result of i~i~cleartng the land for construction at the landfill. He said the Solid Director applied that same rationale to burning this material, the material originated off-site and was waste brought into the landfill to be disposed of. Commissioner Volpe asked if there is any way to appeal this ¥? ~i .. Assistant County Attorney Weigel stated the offense is not a grey ~:i:area,.. it is indeed a violation. He said in regard to the amount of i?i. the fine, It is a gamble whether the fine will be more or less If the County fights what appears to be a routine area of the DER's decision- Commissioner Volpe commented the Board has Just approved a :~':$500,000 budget because of the innovative actions taking place at the i~,:jlandfill and asked if DER takes any of that into consideration? Assistant County Attorney Weigel responded the DER office in Fort i:Myers looks only at the detected offense in particular and does not '~look at any other aspects. County Attorney Cuyler remarked the review undertaken by his office indicates it will not be of benefit to the County to appeal the decision, but this issue can be continued for one week to allow :'his office to pursue other alternatives. Commissioner Sh~uahan asked if th~s has not already been pursued :aggressively with DER? Mr. Lorenz rep/ted ~t was d~scussed with the enforcement super- -[vlsor who sa~d their staff feels strongly that this penalty ts )pr~ate. ':Co~ss~oner Volpe commented that with the County Attorney's Off,ce workin~ w~th Envl~onmental Services staff, there may be the ~[~ss~b~l~ty of adjustment ~n the amount of the penalty. ~.: C~ty Attorney Cuyler remarked ~f h~s offlce ts to be ~nvolved in ~it~ple discussions, a continuation of two weeks may be more appropriate. Page 53 August 14, 1990 Cc~tsoloner Volpe ~ved, eeconded !~ Commissioner Saunders and unanimously, to continue discussion of the consent decree to 28, 1990. ' ~TAPT TO ~OTIATE A CONTRACT WITH CITIZENS AND SOUTHERN NATIONAL BANK ~f'~ TO P~OVIDE FINANCIAL ADVISORY SERVICES FOR THE COUNTY - APPROVED Assistant County Manager McLemore advised that, at the direction the Board, RFP's were issued to appoint a fiscal advisor to the County. He said the three top firms are: The Citizens and Southern National Bank (CAS); William R. Hough & Co., and SunTrust Securities, Be indicated Staff is recommending The Citizens and Southern National Bank be the appointed advisor. He reported they have the level of expertise and the commitment of time needed to fulfill obli- ~'.:~,gat~ons through the Finance Committee to the Board. He recommended Board direct Staff to bring back a three-year contract, renewable annually, with cas. (~; Mr. Mark Samatz with the Public Finance Department of The Citizens ;land Southern National Bank, stated their offices are located in Tampa. i'He ~ndicated there are three reasons his Company is interested in pro- ,riding financial advisory services to Collier County: 1) they have ~been very impressed with Staff in their discussions regarding fin&n- cia/ matters; 2) Collier County is extremely important to CaS a market area; and 3) there is much prestige involved with Collier !~ being one of the fastest growing counties in the country. i~;i~i ' Commissioner Volpe asked what other counties C&S represents as a advisor? .. Mr. Samatz replied their clients include Suffolk County, New York, ks the fifth largest county in the country and Spartanburg South Carolina. He said Collier is the first county in !Florlda they hope to represent. Comm3.~'ioner Smmdero moved, seconded by Commissioner Shanahan and un~ni~umly, to authorize staff to negotiate a contract with ~ Southern Nat~onsl Bank to provide financial advisory eer- for the Connt~. Page 54 August 14, 11990 '~ POetIC HKARING RE FINAL BUDGHT TO BE HELD 9/26/90 AT 7:00 P.M. Cowry Manager Dorrtll stated the date of the second public hearing regarding the final budget needs to be revised. He ~ndtcated he w$11 be out of to~ on the origSnal tentative date, which is .September 24th, and he feele it ~ important for him to be at the '"second public hearing. ~t ~ t~ c~ ~o eet t~ sec~d ~bl~c ~ing ~~ ~ f~l ~dge~ for S~tem~r 26, 1990, at T:O0 P.M. 90-2?4/2?5; 90-2?? AND 90-279/281 - ADOPTED ~i~ioner Saundere ~oved, seconded by Co~atsstoner Goodntght carried mtmly, that Budget A~endments 90-2?4/2?5; 90-27? and ':.:e0-279/281 be ~iopted. RESOLUTION 90-29 -- ADOPTED Ce~d~iome~ Sa~nders ~ed, seconded by Commissioner Goodnight '..and =~Tiedunant~ousl¥, that B~l~t A~end~ent Resolution 90-29 be Page 55 August 14, 1990 ~ner Shanahan commented the list of pending contracts is quite large. { Clerk Giles explained that every effort is being exerted on the department managers to provide the contracts. He stated the · Finance Director is tabulating a list of responses received from the 'ers for the Board. County Manager Dorrill stated if the Finance Director will provide ','him with a list, he will bring this issue up at his staff meeting. %'~' DI~ION OF A 7 ~ CO~ C~ISSION CONSISTING OF 5 SINGLE Y~'~ DI~I~ ~ISSIO~ ~ 2 C~ISSIO~ AT L~GE Commissioner Saunders indicated he was asked by citizens to :~z'i:~' include this item on the agenda for discussion purposes. County Attorney Cuyler reported at the Board's request, he distri- buted a short memo with attached statutory provisions. He said there 'were two questions of pre-clearance. One, he said, is whether the actual referendum needs pre-clearance and the answer is no. He stated in the event this would ever go forward, the pre-clearance would only have to take place before the actual action, which is when those per- ~eons would take office. He indicated, however, the November ballot is physically full and any additions to the ballot will have to be as ~part of the paper ballot which does require pre-clearance. He said ilthere is not sufficient time to meet the guidelines for pre-clearance iilfor the November ballot. Commissioner Volpe asked what impact the 1990 census will have on existing districts? Commissioner Hasse remarked there may be several impacts, such as redrawtng the lines of individual districts. Commissioner Saunders commented the statute regarding redrawtng County Commission lines states the County Commission can initiate redraftfng lines In an odd year which has to be completed in an even He said once the Board receives the population counts, a deci- Sion can be considered to direct the Community Development Division to Page 56 August 14, 1990 the County Commission lines, but it cannot be initiated until Colonel John Beebe mentioned that the statute does not specify the 2 at large commissioners be separate from the districts from they came. He said In considering a ? member commission, the !Board might want to ask the County's legislative delegation to request an amendment of the State statute to indicate that both at large com- missioners should not be permitted to live tn the same district. He it would be In the best interest of the public if both at large did not have undue political influence in one area. Commissioner Volpe stated he does not understand what the-addition 'of 2 at large commissioners will accomplish. He said the Commission ~,,-:was changed to sing/e-member districts so that each Commissioner would lbs directly rusponslble to the areas they represent. He stated con- ! sldertng a ? member commission suggests that the Commissioners are not ~<responsive to the community at large. Commissioner Saunders advised there ts more than one reason why counties go to single-member districts. He said there is a require- ~ent that minorities be given an opportunity to elect commissioners. iHe stated federal courts have mandated single-member districts in many i~ counties, and those who have not gone to it voluntarily are likely to i~;'~ be forced to. He commented he likes the concept of a ? member com- !}'~ mission because it provides county-wide as well as individual district · representation. He stated he does not like the idea of asking the i'legtslature for a special bill requiring at large commissioners to be from separate districts and added it would be a very cumbersome ballot question. ~,ii,!~, 'Commissioner Shanahan indicated he does not agree with the concept of a 7 member commission because the single-member district has not ~';'been tested and is only 2 years old. He added there is not as much Parochialism involved in this Commission as has been accused and that i~.may be only a perception on the part of some people. Mr. Charles Purdy stated the next several years will be a good Page 57 ~'?', August 14, 1990 i~time frame in which Collier County citizens can more define their .... Sense of ownership in the local decision-making process. He said the ~commitment made tn 1988 to the one person, one vote commitment popu- /ism and the denial of the dissolution of voter power is necessary to !!be discussed tn these proposed changes. Mr. Chuck Mohlke suggested implementing a study group to evaluate the Implications of the census to best inform all of the respective areas of the County embodled in the existing Commission districts. He said that may assist tn illuminating how the redrawing of district · lines wtll have important implications for the future of Collier County citizens. He also asked the Board to include the School Board in discusslons, asking for their input in redrawing the d~strtcts to i!~equal size so that citizens will better understand for whom they are [:i~(voting. He said it would be sensible to offer the opportunity to the ~School Board to work with the Board of County Commissioners on this 'i:tssue, because they will also need to address their district lines. '! Commissioner Saunders agreed that it would be an excellent idea to impanel a study body sometime in the near future, to address not only ? member district concept but the entire method of governance in County. v. Commlss~oner Volpe suggested to the County Manager that thls sub- ~i~ect be addressed during strategic planning. Ztn~221 !iTIEKEI COI~[~SSZOI~KRS APPOINTKD TO THE PROPERTY APPRAISAL ADJUSTMENT BOAI[D ~[D ~A~ HEARING DATES SET FOR 9/26, 9/27 AND 9/28/90 Sue Ftlson, Administrative Assistant to the Board, asked the Board to appoint three Commissioners to serve on the Property i!.Appra~sal Adjustment Board and to establish the tentative hearing ~ates. ~, '~~ioner Volpe ~r~ed, seconded by Con~astoner Shanahan and ~nantieoualy, to appoLnt Co~tssLoners Hasse, Goodn~ght and ~ to the Property Appraisal Adjustment Board with ConmLsstoner Volpe ~4Tv~ng 8~ the alternate; tentative hearing dates established Page 58 , Aug~/~t 14, 1990 '~rl:~t:~ 26, 2? m~ 28' 1990, w/th October 1, 1990 u 4~teo ,12C ~!! DXP~CU~'~. ~0M OV V~MlY~ZLT BEACH MUI~CXPAL SERVICE TAXING U~T ¥::'' Mr. Kim Kobza, member of the Vanderbllt Beach Property Owners [! Association Long Range PlanninG Committee stated the purpose of his , i~:ipresentation is to update the Board on the efforts being made in .~ij. moving toward implementatlon of a Municipal Service Taxing Unit He also asked the Gommtssion to provide the County Attorney's Office with direction to work with his Committee in drafting an MSTU ~".ordinance, a resolution and a ballot question in order to return to the Board in November to ask for authorization to proceed with a spe- ?.cial election, perhaps in March. He explained he was asked to become iltnvolved in the Long Range Planning Committee last February to speci- i~'ficallY~: look at improvements on Gulf Shore Drive. He said it became very evident to him that there were many community issues requiring a .coordinated approach to resolution, i.e., lighting, landscaping, /newspaper boxes, easement, access, etc. He stated his position and y that of the Long Range Planning Committee was to look at i'~those type of issues together and perhaps embody them in a MSTU. He ,'::informed a Study was conducted on these issues and a report has been prepared summarizing the elements of that study. He indicated his Oommittee began working with Gounty Staff in April and a public was held on June 26th at which lXO people attended. He i~ireported that meeting resulted in very positive community support and ~:~:~the direction of moving forward on the Vanderbilt Beach MSTU. He said ~;~ls~ues that remain open today are: the cost associated with any *rovements in order that they might calculate millage rates; "establishment of either one or two MSTU's~ and the method of ballot ~i.~Selectton. He concluded tremendous progress has been made getting to ]~oint. /{C0mmissioner Volpe asked if boundar~ lines of the MSTU have been Page 59 August 14, 1990 ii.i Mr. Kobza replied in the affirmative, adding that any open issues :In that regard are mostly technical ones. · Commissioner Volpe indicated County Staff will need to work w/th .the Long Range Committee regarding establishment of the boundaries there remain open issues. He asked who the County Attorney's will be working with? Mr. Kobza related they will work with both the Vanderbilt Beach Owners Association through its Board of Directors and the ~ong Range Planning Co=atttee. He said for any authorizations, his :Coutttee is planning to go to the Board of Directors and also sche- dule another public meeting before November to identify the types of improvements that can be made and the cost associated with them. Co~iuloner Volpe ~ved, seconded by Co~tssioner S~ ~ ~};:(?~i~ 4/0 (C~lsstoner Sa~der, not present), to direct Staff ~l~i~ the Cm~ Arrow's Office to ~rk with t~ a~roprtate r~tattm ~ nkmittees of the Vuderbtlt ~ach ~o~r~ m ~i~tta t~d the establts~nt of a resolution for the ~1~ of ~tt~r ~ single or ~ se~ate ~N's regardtn~ {[~:~ttft~ti~ d strut ll~httw; ~d also to develop the ballot >.~1~ to ~ ~t~ ~ck to t~ ~d for either incl~tm in a CONSERVATION FOR COLLIER COUNTY Commissioner Saunders requested that the Board consider conserving electricity and gasoline as a showing of support for national policies Involving the Middle Bast. He asked the Commission to direct the County Manager to report hack next week on what efforts can be made by County government to save energy, i.e., raising the tem- peratures on thermostats, looking Into reducing the amount of driving tn the motor pool, etc. Volpe suggested expanding this idea to include other officers, the School Board and the Sheriff's Office. ~Com~issioner Saunders indicated he will work with the County Page 60 August 14, 1990 Manager to look into ways to conserve energy. Oom~taaioner Saunders moved, seconded by Commissioner Volpe and c~rried un~ni~onsly, that the following items under the Consent Agenda be approved and/or adopted: · I~ETTElt OF CREDIT ACCEPTED AS SECURITY FOR EXCAVATION PERMIT NO. 59.148 . '11~PERIAL LA~$', LOCATED IN SECTION 15, TOWNSHIP 48 SOUTH, RANGE 25 See Pages · ~[I][~ 11~TE OF SEPTEMBER 25, 1990, ESTABLISHED FOR ADOPTION OF 1988 ~TIkNDA~D BUILDING CODE WITH THE 1989 REVISIONS AND THE ~'' I~E$(;LO%~iO~ 90-421 GRANTING PI~ELIMINARYACCEPTANCE 0F THE ROADWAY, ])~tA-v~, WAT~RA~D SEWER IMPR~ FOR THE FINAL PLAT OF "EMERALD ~ &T B~tID~ ~$t UNIT TWO-B" SUBJECT TO STIPULATIONS Accept the Maintenance Bond as security for maintenance of the infrastructure until the Board of County Commissioners grants final acceptance of al/ improvements. Authorize the Chairman to execute the Maintenance Agreement for Preliminary Acceptance. Preliminary acceptance of improvements will not become effec- tive until water and sewer facilities have been conveyed to Collier County Water-Sewer District. See Pages /-~ F' 1-~--~ · R::~O~UTION 90-422 GRANTING PRELIMINARY ACCEPTANCE OF THE ROADWAY, :>: IHtA~, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "EMERALD LAEE~ AT B~tID~ET LAKES, UNIT TWO-A; LOTS 27 - 42" SUBJECT TO 2o Accept the Maintenance Bond as security for maintenance of the infrastructure until the Board of County Commissioners grants final acceptance of all Improvements. Authorize the Chairman to execute the Maintenance Agreement for Preliminary Acceptance. ?':. ~ 3. Preliminary acceptance of improvements will not become effec- ii. rive until water and sewer facilities have been conveyed to :,. Collier County Water-Sewer District. ~14&~ ~% ~ ~ ~, ~L LOCA~D ~IN SE~ION 22, T~SHIP 48 SO~, .~ ~ 25 ~ C~LIER CO~ ~ORIDA~ TO BE ~DED TO ~A Page 61 August 14, 1990 see Pages / ~' ~ ' Id, / ~BITDG~T JMB:IIDI~:]IT R~CCX3I~ZZNG 1988/89 C~ ~~ ZN ~ ~ OF ~ ~ ~~ D~O~ ~ (113) ~::~: ~ ~ ~ B~ COLLZ~ CO~, A ~LITZC~ ~D~S/O~ OF ~ ~ ~ C~ OF l~IS, INC., IN ~ ~ OF $3000.00 ~ ~ ~~ ~R ~Z~S O~ COLLZ~ CO~ S~S ~R S~ORS ~*~,. Item ~1~C2 AM~ TO T~ CONTRACT OF RECR~?IORAL ~ACILI~IE$ O~ AMERICA, ;*~ '~A CO]I~ESSZORAZRE &T TZGERT&Ir, BEACH INC., See Page Item #14D1 .C;: AM:EN'~M~NT NO. 1 TO THE A~REKMKNT WITH WILSON, MILLER, BARTON & PEEK, ~"*, :'-' IN~., PROVIDZJ~3 FOR ADDITIONAL KNGINKKRING SERVICES ALONG THE ~" "GOODL~TT~ NO&D M&'I'~ FACILITIES IMPROVKMENTS PROJECT - IN THE AMOUNT / 77-/77 TO TH~ CON~CTION CORTI~CT WITH MILMER FOR THE "NORTH COUNT~ R~GIONAL WASTEWAT~R ~TPf~WT FACILITY KXPANsIOW' - IN TH~ AHOUgT OF $78,842.00 See Pages /f~-- /Z7 Item #14D3 caAm~ omar ~o. 4 To ~ CO~STR~CTZON CONTRx~r WIT~ ~ ~ES, ~JIC., FOR TH~ "SOUTH COUNTY lq~-GZONAL HAST~CT4&T~CR TR:F~ FACILITY' - IN TI~ ANOUNT OF ~04~154.00 see Page. /~- ~oo #14D4 FOR PAYMENT OF H&T~R SYSTEM DE~v'ELOPM~IT CHARGES FOR BLUE r.a~ p~n~_ WITH HZPOLZTO AND TAHARA ANN SAHANIEGO See Pages TMO YEAR OPTION ON BID NO. 732 FOR COUNTY-WIDE JANITORIAL EXECUTKD WITH HC~IIFLKY MAINTKNANCE, INC. IN THE ANNUAL AMOUNT 0qF ~S27,086. O0 Page 62 August 14, 1990 ~14~2 ALL BID~ RP-TECTED ON PROPOSAL #90-1573 FOR NAPLES LANDFILL C~-LL BASE NAT~PJ~L FOR ~ III, CELL 6 AND PROJECT TO BE REBID IN ITS C09~PO]~E]~T PAI~T~ OF SUPI~LYr TRANSPORTINGt PLACEMENT AND COMPACTION Ite~ ,14G3 '. AI~ BID~ ~ ON PROPOSAL #90-1569 FOR NAPLES LANDFILL LINER COVER :. · 9{ATEKLM~ AND FROJECT TO BZ REBID IN ITS COMPONENT PARTS OF SUPPLY, O~ ~,O~TD& :, Ztm '~1431 OF ~ON TO TH~ TAX ROLL AS PRESENTED BY PROPERTY No. 1988 Tangible Personal Property Date 143 .S/1/90 ~48/15o 1989 Tanqible Personal Property 7/31/90 - 8/1/90 1989 Tax Roll 223/224 7/26/90 ~14J The following mlscell&neous correspondence was filed and/or to the varlous departments as llsted below: Memo dated 8/2/90 from Dallas Townsend, Chairman, to all lan- downers adjacent to the Cow Slough Water Control District re Notices they received. Filed. Memo dated 7/30/90 to Ail Parties on Service List from Cindy Cranick, Administrative Secretary, Department of Community Affafrs re Missing Page tn Halstatt/Grey Oaks DRI Petition for Appeal. Copy to Nell Dorrtll, Frank Brutt, Bill Lorenz, and filed. 4e Announcement from Florida Department of Environmental Regulation dated 7/20/90, of Rulemaktng Notices to appear in the 7/20/90 Florida Administrative Weekly. Copy to Nell Dorrtll, Frank Brutt, Bill Lorenz, and filed. Letter dated 8/3/90 from Trudte D. Bell, Environmental Specialist II, Wetland Resource Regulation, Department of Environmental Regulation, to Chatrman re F~le #111844979, Riverside Club Condo. Copy to Nell Dorrtll, Frank Brutt, Btll Lorenz, and fl/ed. Page 63 August 14, 1990 Memo dated 8/2/90 to LEPC District IX, from John L. Gibbons, Department of Natural Resources, re Overview of New Amendments to the Florida Coastal Protection Law. Copy to Neil Dorrill, Frank Brutt, Bill Lorenz, and filed. 10. 11. State of Florida, Division of Administrative Hearings: The Citizen's Political Committee, Inc., a not-for-profit cor- poration, and James K. Kessler, Petitioners, vs BCC. Copy to BCC, Ken Cuyler, and filed. Letter dated 7/31/90 to DOT re Plaintiff, Howard A. Miller, Defendant, UPS Trucking Leasing, et al, Case #90-1702-CA-01, D/Accident, 11/29/89, from law firm of Henderson, Franklin, Starnes & Holt, P.A. Copy to Ken Cuyler and filed. Letter dated 4/23/90 to Chairman Hasse from James Kessler re Growth Management Plan. Copy to MarJorie Student, Stan Litsinger, and filed. The Department of Community Affairs Petition for Appeal dated 7/2/90 to the State of Florida Land and Water Adjudicatory Commission re Halstatt Grey Oaks. Copy to Nell Dorrill, Frank Brutt, Bill Lorenz, and filed. The Department of Community Affairs Notice of Appeal dated 7/27/90 to the State of Florida Land and Water Adjudicatory Commission re Halstatt Grey Oaks. Copy to Neil Dorrill, Frank Brutt, Bill Lorenz, and filed. Minutes received and fi/ed: 7/27/90 Big Cypress Basin Board of the South Florida Water Management District. 12. B. 6/29/90 Go~den Gate Citizens Advisory Committee. C. Marco Island Beautification Committee agenda for 8/7/90. Notice to owner dated 8/1/90, to BCC from W/Il/am D. Meeker, Jr./NACM Servtces Corp., under an order given by T & S Utilities, Inc., re CR 951, Golden Gate, Florida, Project #65063-(560). Copy to Neil Dorrill, John Yonkosky, Steve Carnell, and filed. 13. Notice to owner dated 8/1/90, to BCC from PRECON Products under an order given by T & S Utilities, Inc., re sewer and drainage castings for the improvement of the real property described as Airport-Pulling Road Paving & Waste Water Improvement, Project #66032. Copy to Neil Dorrill, John Yonkosky, Steve Carnell, and filed. State of Florida, Division of Administrative Hearings: Sews11Corkran, Petitioner, vs Collier County and Department of Community Affairs - Case #90-4544GM; and The Citizens Political Committee, Inc., and James K. Kessler, Petitioner vs Collier County and Department of Community Affairs, Respondents - Case #90-4545GM. Copy to 8CC, MarJorie Student, Stan Litsinger, and filed. 15. Letter dated 7/30/90 to Chairman Hasse from Ed Cassidy, Deputy Director, United States Department of the Interior re the Chairman's letter to President Bush transmitting the resolutions adopted by the BOO. Copy to Tom Olliff and filed. Page 84 August 14, 1990 TOTH~$ APPEAL TO GO ]S&C~ TO TH~ CONTRACTOR'S LZCKNST~G ~. BO&II~ C~I g/19/90~ S~/SF~qSTOR OF C~TZF~CAT~ OF COMPL'I~NCY TO REI~ATN TN County Attorney Cuyler advised that the Commission is now sitting in its capacity as the appellant body to the Contractors' Licensing :Board (CLB). ~?~iAttorney Henry Johnson, representing the appellant, John Toth, ~Stated that this is an appeal from a hearing which was consummated in ~i~!March, 1990, wherein the Licensing Board suspended his client's permit pulling privileges as a general contractor and competency card privi- 'es in Collier County. He provided the Commission with'a packet containing the original brief which indicates "Case Law" in red (not ~'Provtded to the Clerk's Office}. }~; Attorney Johnson related that based upon the present state of the ~ !law in F/or/da, there will be a series of results that this Board will ~?.be able to find: The multiple Orders suspending the permit pulling privileges and Competency Card of Mr. Toth will have to be "quashed"; as a consequence of the Orders of the Licensing Board having to be "quashed", this Board must reinstate the permit pulling privileges and revoke the suspension of Mr. Toth~s Competency Card in Collier County; case should be remanded back to the Licensing Board for a hearing ~htch will provide Mr. Toth the due process which he was denied in the )revious hearing. .... Attorney Johnson called attention to the First District Court of Appeals Case, Ford vs Bay County School Board, noting that an Order of Administrative Body must have specific Findings of Fact in order to ~be a valid order on its face. He stated that there is nothing which ~ndicates that the lower body ever had any findings of fact. He pointed out that the transcript from the CLB hearing of March ~1, ~990, Page 56, reflects a motion to suspend Mr. Toth's Competency Card permit pulling privileges for a period of two years, with no of Fact". He related that the verdict of "guilty as ~.::charged" is insufficient Page 65 ~ ~'~ August 14, 1990 -Attorney Johnson referred to the landmark case of Hickey vs Wells was decided by the Supreme Court, stating that "the reasons have :to do with facilitating Judicial review, avoiding Judicial usurpation of administrative functions, showing more careful administrative !i consideration, helping parties plan their cases for re-hearing and Judicial review, and keeping agencies within their Jurisdiction... We ~have fully considered the remaining points urged by petitioner as i!!~rounds for the Issuance of writ of certiorari, but find them to be without substantial merit. The action of the respondent board is for failure to cite Findings of Fact upon which the 'dismissal order was based as required by the Administrative Procedures ?Act. He explained that "quashed" means to be nil and void, with no force An effect. i~ Attorney Johnson stated that a Competency Card or a license is a iproperty right, and is identical to the right to be employed. ~[~ Commissioner Volpe noted that Hr. Johnson's client would be able to be a laborer, carpenter or a mason. Attorney Johnson stated that iwhen this is the heart of an individual's livelihood, it takes away his property right. Mr. Johnson reported that the Complainant, Mr. Kruggel, took the 'opportunity, at the CLB hearing, to utilize the equivalent of "ambush tactics" in order to aid in the revocation of Mr. Toth's license. He .!'~i explained that Exhibits "B", "C" and "D, totaling between 45 and 60 pages, were introduced into evidence without Mr. Toth having the abi- ii~lity to review same. He indicated that these were important financial ii~allegations as to what Mr. Toth did or did not do with monies he received. He advised that the charges which Mr. Toth was guilty of, all relate to financial matters: diverting funds or i]property received for the execution of a specific contract project or ~cperatton, or divert funds earmarked for a specific purpose to any other, use whatsoever; and, fail to fulfill his contractual obligation i thro~gh an Inability to pay creditors for material furnished or work or services performed in the operation of his business; to perform any Page 66 August 14, 1990 other fraudulent act as a contractor by which another is substantially ured. Attorney Johnson remarked that Assistant County Attorney ~i~Yovanovich's brief suggests that "every final order entered by an Agency in the exercise of its quasi Judicial functions ~'must find specific Findings of Fact upon which Its ultimate action is .taken, therefore, in order to clarify their findings and final order, matter should be remanded to the CLB to set forth specific fin- of fact and issue a final order based upon the evidence pre- sented at the proceedings on January 17, 1990 and March 91, 1990". He oted that he concurs with Attorney Yovanovich's suggestion, adding that the order must be "quashed". He stated that the entire element of this appeal is because of a lack of procedural due process since documents were introduced at the level of the CLB without Mr. Toth ,having the opportunity to examine those documents. ,!~:.. Mr. Johnson cited that he believes that the CLB was laboring under ~the desire to make a quick decision. He related that the briefs refer i'i.; to "the seven minute rule" which was announced at the beginning of the March 21st hearing, indicating that there would be a limited amount of .time to present evidence and the case. He noted that Mr. Kruggel was ~allowed 20 - 30 m~nutes to make his presentation. In answer to Commissioner Volpe, Attorney Johnson stated that Mr. Kruggel requested a 60 day continuance since he wanted the opportunity to work out his differences with Mr. Toth. ~.[ . Attorney Johnson stated that he feels that there should be a new {'-hearing and that his client should be given the opportunity for proce- ;P dural due process to examine the documentation that has been submitted './.' ~nto evidence. Comm~ssioner Goo~n~gh~ s~ate~ that she understands that the Co~ss~on ~e not to de~erm~ne whether Mr. Toth ~s ~nnocent o= ~lty ~f'the charges, but whether or not he was g~ven due · " Co~ss~oner Shanahan re~ested that Attorney Johnson expound ~fUrther on the "seven m~nute ~le". Mr. Johnson a~v~se~ that the CLB 0[}0 !47 Page 67 August 14, 1990 stated that it would use a "seven minute rule", since some of the mem- bers would be leaving early. He noted that it appears that the i~o'complainant was not held to the seven minute time limit. He related ?~ that the length of Mr. Kruggel's presentation compared to that of Mr. s presentation is dramatically different. Assistant County Attorney Yovanovich, stated that he is repre- senting the CLB in this proceeding. He explained that Mr. Toth claims that the order, as issued, does not allege specific Findings of Fact, and therefore, the Order should be "quashed" and there should be a new ~-hearing. He affirmed that he concurs that specific Findings of Fact ~ ~ust be found in order for the Order to be proper, however, he indi- cated that he does dispute whether a remand for new hearing is appropriate. , Assistant County Attorney Yovanovtch pointed out that the Ford ~Case remanded the case back to the lower board in order for a review the record which was established at that hearing, to issue an order based on specific findings of fact. He advised that !~i.hi~ position is that this case should be remanded, with a review of i~!i!all the evidence which was introduced at both hearings and based on that record, specific findings of fact should be issued in addition to an appropriate Order consistent with those findings of fact. In answer to Commissioner Saunders, Assistant County Attorney Yovanovich stated that he believes that the suspension should remain in effect, pending review of the evidence. He explained that Ordinance 85-42 provides for procedural due process safeguards to that are accused, and Mr. Toth does not contest that he did not ~lnderstand the charges against him, but rather that the new evidence him procedural due process. He noted that the CLB does not with Mr. Toth's rationale. He indicated that Mr. Toth never for discovery, therefore, he was not entitled to discover any that was in Mr. Kruggel's possession. Assistant County Attorney Yovanovich advised that the evidence Page 68 AuTast 14, 1990 ~(that was admitted at the hearings relates to evidence presented by Mr. Toth to Mr. Kruggel. He reported that in order to test the truth of these accountings, Mr. Krugge! did some further investigation, and ca~e back with letters from suppliers stating that they had not been "!;:Paid: and the accounting was not accurate. He explained that he does :not believe that it is unfair for any individual to be expected to be held accountable for what he says in an accounting to someone else. He affirmed that E~b~t "E" of the evidence relating to an affidavit s$~ed by Mr. Toth when he f~led the lien on Mr. Kruggel~s property, states that everyone had been paid with the exception of a certain list of ~ppl~ers. He reported that further investigation by Mr. K~el ~ndtcated that th~s was not t~e since other people were owed ~oney ~d had placed liens on his property. Assistant County Attorney Yovanov~ch stated that he recommends that this case be remanded for specific findings of fact to determine the evidence that was used for finding Mr. Toth ~1lty of that which he was ac~sed. Commissioner Volpe stated that the findings of the CLB may have bearing on the severity of the penalties imposed. ~' ~'~ With respect to the "seven minute rule", Assistant County Attorney Yovanovich called attention to Page 4 of the transcript of the ortgi- proceedings, noting that Chairman Jones stated that "this matter is too important for the 'seven minute rule' and that the case will be if necessary, to ensure that everyone is heard". Assistant County Attorney Yovanovich related that at the first '~hearing evidence was introduced by Mr. Kruggel, but Mr. Toth denied ~'" all the charges and stated that possibly he could sit down and work ?~ th~ngs out with Mr. Kruggel. He stated that the evidence which was · ~:~/bm~tted did not violate Mr. Toth's procedural due process rights Since he was given two opportunities to be heard, but at the second he decided to remain silent since he was preparing litigation Mr. Kruggel. iAttorney Johnson stated that all parties acknowledge that the Page 69 August 14, 1990 ~der as entered was procedurally incorrect, noting that the Board ~ust now go one step beyond and determine whether that Order should be i"quashed' and what should be done when this case goes back to the CLB. In answer to Co.missioner Volpe, Mr. Johnson stated that prior to hearing, Mr. Toth was able to pull permits and make a living. In conclusion, Attorney Johnson suggested that if this case is to ~.be sent back to the CLB, based upon an order, which is void by matter '~ii'of law, and if there is not to be a hearing with more explanation and examination of the records, than a continuance of the original pro- ceedings against Mr. Toth should be granted. He requested that the Commission take into consideration the fact that both the CLB and his -~i: client have agreed that this matter has to be remanded, and the only !;two issues to be examined are whether this should be "quashed" and i the type of hearing which should be held. Commissioner Saunders stated that he is not convinced that there was not procedural due process. He indicated that if Mr. Toth chose not to ask for time to review documents or to be represented, does not !:deny due process. He noted that he is persuaded that this matter be remanded for a hearing to determine the Findings of Fact to the Conclusions of the CLB. He explained that it seems appropriate that Mr. Toth should have the opportunity to explain the ':.documents. He questioned whether this very limited hearing oppor- itunity would create a problem. · County Attorney Cuyler advised that it is within the Commission's discretion to make that part of its Order. C4~ioner Smmders ~oved, seconded by Commissioner Goodntght, :,:l~t M~. Toth was provided adequate due process at the hearing, there- fore, the fi~t point of the appeal ts denied; with respect to the fail~ of the Contractorst Licensing Board to providin~ Findinga of ,:,.~ Fact to ~l~port its conclusions, the Board did fail to provide those It~4t~ of Irt ~n~ this ca~e is remanded hack to the CLB for the l~ted purpose~ o£ providing ltr~in~ of Fact to support its conclu- ~ Siox~ ~n~ to provtds Mr. Toth the opportunity to provide rebuttal and Pa~ 70 AuGust 14, 1990 /;' em~l~tion of t~ documente that ere ~ttted at the hearing; ~d, .~ ~~ ~ ~t~, the ~~ton will re~tn tn effect. Co~tsstoner Volpe ~esttoned how soon this case will be remitted and ruled upon by the CLB. County Attorney Cuyler stated that there will be a meeting of the CLB in mid September, and he believes that it be ~n the best tnterest of the County and the Contractor to have ,th~s heard as soon as possible. C, omm/uione~ ~derl a~ended hil ~ti~ to inclu~ t~t th~ ~ ~t ~ck to ~e ~B for t~ r~t~ at the Sept~r ~t~ng. ~tght accept~ the ~~nt. The ~tlon carried There being no further business for the Good of the County, leettng was adjourned by Order of the Chair - Time: 6:10 P.M. the BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL }~oved b the Board on or as corrected Page 71