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BCC Minutes 05/10/1988 R ~ .1 ~'r' . , .~ t:. . ... II. , 4 ." ..ple., Florida, May 10,1988 LET IT BE ItDsumERED, that the Board of County Co_i.aionera in aDd for the CoaDty of Collier, and al80 acting aa the Board of Zoning AvJ881a and.. the governing boardC.) of .uch speclal district. aa have been created according to law and having conducted busine.a berein, _t on thi. date at 9:00 A.M. 1n REGoL.\K SESSIOJI 1n Building -r- ot tbe Go¥erD8ent Co8plex, East .aple., Florida. with the following 8e8ber. present: CHA I RMAJf : Arnold Lee Gla8. VICE-CHAIRMAJI: Burt L. Saunders ~ E;. t~ ~ If.' ì. " Max A. ø.... Anne Goodnight ASS E1f1' : 3ohn A. Pistor ALSO PR&.bt' : J.... C. Gile.. Clerk; John YOÐko.ky. Finance , . Director: Maareen Kenyon and Ellie Hoffaan (11:00 A.H.J, Deputy Clerka: ..il Dorr111. County Manager: To. Olliff. Acting CO88Unlty Develop~nt Ad81niatrator¡ Xen Cuyler, County Attorney; To. Crandall, Utilitl88 Ada1n1.trator; George Archibald. Public Works Adainiatrator; Kevin O'DonDell. Public Service. Ada1n1.trator; Dr. Proffitt. .atural Reaoarc.. MaDag...nt Director; Leo Ochs. Adainietratlve Services Ada1Di8trator: David Week.. Planner: Barbara Cacchione. Zoning/ Pl8DDing Director; Kaney Isreeleon, Adainietrat1ve Assi.tant to the Board: and Depu~ Chief Ray Barnett. Sheriff's Departaent. ~ lOll 114 PIG( OI Page 1 ~ 4 " ~ I ~n ¡tea n MAY 10, 1988 . Aaftm.a - ~...,v au WID CBAJfGES ~c 1-1oaer 1Iaa- 8OVed, ..con4ec1 by Coaaissioner Saunders and ~.: canied ~.80Q8ly, that the agenda be appr.wed with the following ~ 1. It.. 14Cl 8OVed to Ite. 9Cl re recoaaendation for the BCC to authorize the Chairaan to sign a re.olution creating an ad-hoc CO88itt.. on the ho..les situation in Collier County. ltea H 2. It.. 14£1 aoved to Ite. 9EI re approving .pec1al pay adjust- 8eftt for Code Entorce..nt Ott1cer. 3. It.. eSI. re Petition R-87-38C, WMBSP. repro E4gewood Lane Partners - Continued to May 24. 1988. at the request of the Petitioner. 4. It.. eB3. re Ordinance .aend1ng Ord. 82-2 - Continued to Aaguat 23. 1988. I. It.. eS4. re Petition ZO-88-2C - Continued to May 24. 1988. It.. eS5, re Petition Zo-88-1C - Continued to May 24, 1988. 8. lIT.v~&ZI (Ø DGtJ'LAR Im1M'IWG or APRIL 19. 1988 - APPROVED AS PRKSD;¡~ carried IIft8ftfl8O1l81y. that .:be .Jnute. of April 19, 1988. be approved ...Joaer ..... 8OVed. HCODdec1 by Coaai..ioner S8UDder. and .. pr.....ted. ",.".-« I0OI 114~ 07 Page 2 "~... U4. 08 MAY 10, 1988 It.. .u 1'ROCt.uI&n08 DaIGJlATIJrO ra NEU ar MAY 1&-21, 1988 AS -ra IfEß or 'fIW """C&If a-PIUSOJIDS ar MAR- - ADOPTED CcI Opoa r--'hag ot the procl_tion by Co-i.sloner Gl..a, 1-1oDer Aavnders 8OYed, .econ4ec1 by C088l.sloner 1Iaa.. and carrJed Øft8ft.~ly, that the procl_tion de8ignating the week of May la-21. 1"., .. -The week of the A8erJcan Ex-PrJsoners ot "ar- be 8dop t.s . .. . , , Page 3 -~- ., ,I , <.. 't'... ¡ "~ ;~ <:'))1.~ß) . . ". ' MAY 10, 1988 It- "82 ORD~ 88-44 RZ PETITIO. R-87-46C, MICHAEL A. xz.~~DY RlQUESTIKG A RIZOIZ ~ A-2 TO C-l, PaR A PROFESSIO.AL OFFICE BOILDIRG AT THE OJI or BAILEY LAn A AIRPOR'1'- I G ROAD - ADO Legal notice having been publi.hed in the Naples Daily News on April 1, 1988. as evidenced by Affidavit of Publj~ation filed with the Clerk, public bearing was opened to consider Petition R-87-46C, filed by MJchael A. Kennedy, requesting a rezone fro. A-2 to C-1 for a pro- te.s1onal otfJce building at the northwe.t inter.ection of Bailey Lane a AJrport-Pulllng Road in Sectlon 23, Township 49 South, Range 25 East, consi.ting of approxiaately 1.13 acres. Pl8DDer Meek. stated that this is a request for a rezone froa Agricultural to Coaaercial. He reported that there are only four Co8als8loner. present and a rezone requires an aftiraative super "jori~ vote for approval. He indicated tbat this property i. on the W88t 8Jde of Airport-Pulling Road at the northwest lntersection of Airport-Pulllng Road and Bdiley Lane. He stated that lands to the north are zoned A-2 and are undeveloped; further north. lands are Zoned C-2 and have a vacant co..erc1al bUilding and a convenience store with gas puaps located on it; to the east acros. Airport Road, 1anda are zoned A-2 and are undeveloped; to the .outh, acros. Bal1ey Lane, 1anda are zoned paD. which is the Bailey Executive Park, con- taJning 7.8 acre. 4nd peraits professional oftices. excluding medical otflc.., with a aax1aua ot 6~.OOO square teet and is lla1ted to one building but i. undeveloped at this point; lands adjacent to the west Page .. '"'.---. MAY 10, 1988 are ZODed &-2 and are undeveloped; and further west. lands are zoned I-Istat... Øe noted that the .ubject property contains 1.13 acres which is a nonconfor.1ng lot size and 1s zoned A-2. Øe indicated that the site abuts Airport Road which i8 clas.ified .. an arterial and i. .eparated fro. a professional otflce PUD to the south by. local .treet. noting that due to the size of the property. it. location, and the zoning. land us.s at surrounding properties that are appropriate and coapat1ble are .everely li.ited. He .tated that because thi. .ite J. so ...11 and is proposed to be developed indepen- dentlyot the property adjacent to the north and the west, it is Statt's opinion that low intensity Co...rcial uses or possibly .ome ProvJsional uses such as a church or child care center are probably the only appropriate uses. He noted that this petition has been reviewed by all appropriate County agencies and the reco...ndation i. tor approval. He noted that the CCPC also reco...nds approval of this petition subject to the stipulations contained in the Petitioner'. Agr....nt and that the acce.s to the .ite be by way of Bailey Lane with no ace... to Airport ~o4d and that It a .edian J. constructed on Bailey Lane. a .edian cut shall be provided for u.. by the .ubject property which Hill be located east of the westerly property line and opposite the entrance to the subject property and. it possible, the acc..s point .hall be in align.ent with the access point of the Bailey Executive Park. He noted that Statf and the Transportation Departaent are in agr.e..nt with th1s stlpulation. I" U 4 ",[ 11 Page 5 U4NClf2 . MAY 10, 1988 Mr. 708 Taylor of Hole, Monte. 6 A..oc1ates. representing the petitioner, stated that he aade every eftort to con~act people in the neighborhood to deter.1ne it there were any proble.. or co.plaints troa the r..idents. He noted that there was a lot at concern from residents when Bailey ExecutJve Park was approved and he felt that it would help to resolve proble.. if he contacted these people in advance of the petition co.Jng to the Soard. He noted that approxiaately 31 letters were sent to the residents and they were invited to a luncheon ~Jle a pre.entat1on was aade on the project. He stated that 11 people were present and there were no questions or concerns from 9 of thea, bat two of the. had concern. r~gardJng the use at the building tor 8edical offices and the 15 toot deceleration lane. He noted that a 15 foot right-of-way i. being provided to the County by the deve- loper for a deceleration lane and the applicant has agreed to pay a fair-8hare contribution toward the construction cost. He noted that they Jntend to abide by a~l regulations and this property will have only one building located on Jt. H. stated that they are required to bring in a site plan and landscaping plan that will be reviewed by Statt. Be Indicated that he is in agree.ent with all stipulations. 01:1 ts.loner B..se 8OYed, secondecS by Coaaissioner Saunders and carrJed aDaD18oualy, that the public hearing be closecS. C4'; inioner Baa- 8OVecS, secondec1 by Co_i.siooer Saunders and carr~ nq.~i80U8ly, that the Ordinance.. nuaberecS 8D4 titlecS below be adopted and entered into Ordinance Book .0.31: Page S 0_.,_- MAY 10, 1988 OJtDI.AJfCB 88-44 A8 ORDI.A8CE AHEJlDIJlG ORDIJlAJlC£ 82-2 THE COMPREHENSIVE ZOJlIJlG REGOLATIOJIS FOR THE OXINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP HUMBER 49-25-6 BY ~GI.G THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PRoPER1~ LOcATED AT THE kORTHWEST INTERSECTION OF BAILEY LANE AND AIRPORT-POLLIJIG ROAD IX SECTIOX 23, TOWNSHIP 49 SOUTH, RANGE 25 EAST, 1.13 ACRES; FROM A-2 TO C-l POR A PROFESSIONAL OFFICE BOILDI8G; A8D BY PROVIDIXG FOR AR EFFECTIVE DATE. a. 114,,« 13 Page 7 "'"'--. It. He! MAY 10, 1988 ~1 ~t1c. Mving ~en ~bJ1sh.d in the Naples ~Jly N- on April 21.1988. u ~idenced ~ AtfJdavit ot ~b1Jcat1~ fUed with t~ CJe~. ~JIc h..rIng ~8 o~n~ to con8lder. P~~8.d ordJn~c. -JaU~ to t~ ~ntrol of litter within the ~inco~rated area of Collier County. ~~ U~~ ~l.r .t"ed tbat tMa pr~a.d ord1n~ce~. draftÑ at ~ direction ot the &~d of County ~-I..I~er.. ~t~ ~t tu ordinance pr~Jde. tMt Jt J. ~l_tul to lHter. pro- bibit. ~ --t~rized 8C=-18tJon of Utter ~d declaree th8t tb. H. --~ÚÑ - J~r~r ~Jng. ac=-laUon or .tora~ ot Jitter or ~ property on ~bUc or print. pro~rty 18. ~bUc nuisance in the unincorporated area. of Collier County. ~. -. ~Jre. repre.enUng Barron Collier Coap~Je.. ~t1~ Mw thJ8 ordJMnoedJtt8r8 fro. exJsting ordJnanc.., to _JQ ~q Attom~ CuYler 8tated t~t th8 pr~88d ordJnanc8 ~t8 -- of ~M c~J~r.tJon. Jnt~ ju.~ One ordJnMce. .MJ~ ~M~ there J. .1- ~ o~Jnanc. tMt pr~1d.. tor the tr.n.~rt.tJon ot YarJW8 it... like clippings and grass. He stated that the aajority of other u- ~-~ Ue related to litter are central1zed 1n th1. ord1n~ce. ~. ~Dg8ire atated t~t littering on und.v.lo~d land 18 a real probl- ~ t_rs is ~ ee.y en_r ~d ~e.t1oned b~ the County pro- 800( 114 ",[ 17 Page 8 --.."'-,--..".-.. - 114M 18 HAY 10, 1988 PØ888 to prevent future Jittering? Coaaissioner Glas. .tated that the purpose of this ordinance i. to be able to enforce the cleanup of .0.. of the convenience .tore area. that have a lot of litter around the., adding that this is causing probleas tor the re.ident. of the County. Mr. Longaire .tated that in the urban are.s there are a lot of probl... with people duaping on other ~eople's property and there i. no effectJve aeaeure that wlll prevent this. He noted that it can be cleaned up and people Jitter on it again, it i. posted and the .ign. are torn down, it i. fenced and they .till l~tter and tea down the f 8DCetI . County Manager Dorril1 stated that the Solid Wa.te Departaent pays for a deputy to inve.tigate and prosecute those that illegally dump throagboat the County. He stated that he al.o routinely work. with 008panJe. that own large parcels, adding that he would be acre than happy to offer the a.s1stance of th1. deputy. if it will help. Co8a1..ioner Saunders stated that there 1. not anyone .ingle solution, but in the near future the Board of County Coaai..ioner. wJll probably be looking at aandatory trash collection which .hould help tbe litter problea. probl... Be .tated that this i. al.o an enforc...nt ~ '-Jooer 1Iaa.. 8OVed, .econ4ec1 by Co-.1ssioner Saunders and carried aD8Di8oaaly, that the public bearing be closed. ~a t..Jooer 1Iaa- 8OVed, -condec1 by CO_i..ioner Saunders and carried ftl?81I1illOU8ly, that the Ordinance - DuaberecS and titled below be 8dop~ed aDd entered into Ordinance Book Jlo. 31: Page 9 " MAY 10, 1988 ORDIJlAlrCZ 88-4& AIr ORDI8A8CE RELATING TO THE CONTROL OF LITTER WITHIJI THE OWIWCORPoRATED AREAS OF COLLIER COUNTY, FLORIDA; SETTING PORTH FIJlDI8GS AXD PURPOSE; PROVIDING THE TITLE AND CITATION; PROVIDING APPLICABILI7Y; SETTING FORTH DEFINITIONS; DECLARING LITTER TO BE A PUBLIC 8UISARCE; PROVIDING POR LITTER CONTROL; PROHIBITIJIG ACCOftuLATIOJl OF LITTER; REGULATING DUMPING OR STORAGE OF LITTER: PROVIDIWG ERFORCEMEXT PROCEDURES; PROVIDING FOR PENALTIES: PRoVXDI8G FOR COKPLICT ~ SEVERABILITY; PROVIDING AJI EFFECTIVE DAn. It- -.c2 PItOPOsatl OItDBDCZ PROßIBITIJIG CAMPIJlG OR OPEJr-AIR LeDGIR OJI PROPn'l'Y 1Ilbu8 !'D ~ U'D VESTED AREAs or tnrIKCORPORATED COLLIER COO.¡-%, - T.4I1T..Q ftJR 90 DAYS O)r¡-IL THE AD-HOC COMMITTEE FOR ra HOMELEss REVIEMS AJm Dh-~. RaCE OJI 'l"JIIS MATTER Legal notice having been publi.hed in the Naples Daily News on April 21,1988, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider a propo.ed ordinance prohibJting C88ping or open-air lodging on property within the urban aDd...~ ar... of unincorpolated Collier County. CoaDty Attorney Cuyler stated that this ordinance w.. drafted at the direction of the Board of Coun~ Co..i.sioners. Øe noted that there are a DUaber of findings that the Board of County Coaaissioners aakes in adopting this ordinance, adding that Section One deals with tbe prolJteration of caapfire. that are soaetiaes unregulated, tin- 41Dge ot public health, nuisances. and unsafe and unsanitary sightly COodJti0Q8 where there are caaping areas that are unregulated and the facJlities are not there to provide for caap1ng areas. He noted that Sectioa rwo is the actual prohibition .ection which prohibits camping 1* 114 rAg. 19 Page 10 -'-'-",.",-"". '" 114PJA:20 MAY 10,1988 aDd opeø-air lodging with the urban and vested area. He stated that this is DOt applicable to the entire unincorporated area, adding that the urbaD area extend. approx1aately one aile east at 951. He noted ~t tbe ordinance provides for definitions and pre8U8ption if one is f0RD4 wi~ certain types at articles in an area that is not set up for c88pJag . Be indicated that the ordinance provide. exeaptiona for yoa~ C88p8 of an organized nature, caaping in travel trailer parks, 8DIS for C8IIpJng on iaprovec1 residential property with the consent of the proper~ owner. Øe stated that the ordinance provides a penalty; prG9!de8 for repeal of a conflicting ordinance: provides for contlict and 88YerabJlity and prOYide~ for an effective date. Co issioner Hass. questioned if the vested area includes all of GoldeD Gate Istate.. to which CO..is810ner Ha.se replied affir- -tJY81y. Be DOted that it was done thi. Nay because there i8 a great deal ot c88ping and grandfather caaping areas in the Everglades area beJObd tbe vested area, adding that the enforce..nt proble- in this area NOald be very difficult to deal with. Co8a!s810ner Gooc1night stated that the ..p does not sboN the urban ar.a of I880kalee. Port of the Isles, or Everglades and questioned if tbe8e are.. are exeapt. to which County Attorney Cuyler stated that these are.. should ~ included.. they are in the designated area wJ'=hJn tbe Co8prehensive Plan and he will have it changed. The fOllowing people spoke again.t adopting the proposed ordinance antil tbe ad-hoc co..i ttee for the hoaele8s has had a chance to revi.", Page 11 --,--,..., -,. , MAY 10, 1988 the ordiD8DC. 8Då aake a report to the Board at County Co..i.sioners with regards to the overall .ituation and what should be done: Mr. David Spencer, repre.enting the Naple. M1nlsterial Association "" n Mr. Ray Carroll, 118 Debron Drive, Naple., Plorida Pastor Max Cadenhead. 4454 Welder Road, Naples, Florida The following people spoke in favor of passing the propo.ed ordi- DaDe. DOtJng that it i. eo8ethtng that is definitely needed as there are a lot of Coaplaint. tro. the public with regards to this situation of the bo8eles. as well as tho.. people that use other people'. pro- perty to live on: Don Winge, 4408 Exchange Avenue, Naple., Florida George Keller, repre.enting the Collier County Civic Federation Cc ...ioaer 1Iaa- 8OVed, ..cOD4ec1 by Co.;.aissiooer Saunders and carried ~.ltOU8ly, that the public bearing be clOtted. Co8ai.sioner Hasc. .tated that this ordinance is long overdue, adding that he has sy8pathy tor these people but he also has. proble. with the people that are creating a nuisance that live in the.e areas. Be DOted that there are taxpayers in this County that fear the.. people aDd are looking to Collier County tor support to 8O1ve this probl... s. noted that there are people in Collier County that would be wJlllng to help these people by letting the. occupy a part of their bo8e aDd thJ. should be checked into. Co88Js.ioner Goodnight stated that so.. people in Iaaokalee live In theJr autoaobiles in the church parking lot b.cause they have no other place to live and cannot find or afford housing at this time, lOOK U4,Af.( 21 Page 12 MAY 10, 1988 yet they are working and trying to .ave enough to be able to rent .0.. type of a bo8e. She questioned if this ordinance would apply to tho.e people, to which County Attorney Cuyler indicated that unles. they ta~l GDder an 8Xeaption, it would apply to the.. Co88is.1oner Goodnight .tated that the State of Florida and the U.s. GowerD8ent are working on the 1.sue of the hoDele.s and there i. 8OÐ8y available at the federal level tor counties and state that qualJty, bat there has to be ordinance. and regulations on County levels In order to apply tor this. She .tated that the ad-hoc co..it- t.. could help the County in developing the proper rule.. She .tated that 8be al80 teel. that the private property owner has a right to his property aDd that his rights should be obeyed. She .tated that she feels that the ad hoc co..ittee should have a chance to revi... this situatJon and co.e back to the Board of County Co..i.sioners with a report and then the ordinance could be adopted, adding that when it i. adopted there al.o bas to be the aanpower to enforce it. Co88issioner Saunders .tated that he agrees with Co..i..ioner GoodDJgbt, acS4Jng that there are a lot of people that are working on tbis aatter at the present tiae and he doe. not want that work to stop. Øe indicated that until the ad hoc co..ittee he. had a chance to prepare. report on the situation, he would reco..end that the pro- poeed ordinance be tabled. Co8aJssJoner Ha..e questioned if these people could be arre.ted if this ordinance wa. pa..ed, to which Deputy Chief Barnett indicated Page 13 .. -_..,.,_...~.. ~ MAY 10, 1988 that'~ ~ld be given a suaaons, noting that so.e of the. leave tOWD 8Dd 8088 of the. spend 20 or 30 day. in jail but then they go right back to where they were and they end up getting arrested again. Cc ...i0D8r ~s aove4, -cODded by C088i.sJoner GoodnJght ~ carried 3/1, (C088J..loner Baas. opposed), that the propo88d ordi- ~ proJa1bJtJDg C8IIp1Dg an4 open-air lodging on property within the arbaD 8Dd v.t8ted are.. ot 11Dincorporated Collier County be continued for . period ot 90 day8 to glv. the ad hoc c088itt.. on the bo8eles. aD o~&tygJty to review the aatter and bring a report an4 solution back to U. 1Ioarc1. Iba HC3 08DT8&1ICa 88-48 PROIIISITIJrG LOI1'DI.O AJm PRONLIKG OK AllY PUBLIC, OR SDa-PVBLJ:C AREA - ADOP'rED Legal notice having been publi.hed in the Maple. Daily Kew. on April 21, 1988, a. evidenced by Atf1devit of Publication filed with t~ Clerk, public hearing was opened to consider a propo.ed ordinance prohibiting loitering and prowling on any public or se.i-public area. County Attorney Cuyler .tated that ba.ed on the previous action of the Board of County Co..is.ioner., he would sugge.t that this ite. al8O be tabled becau.e there is no additional .nforce..nt with this ordinance that Sheriff'. Deparc.ent does not already have. Co88j..loner Bas.e .tated that he f.els that this .hould be con- s1dered in light of the previous action and questioned if it would be 8O8e ~ of an additional tool for the Sheriff's DeF~rtaent to use, aooc 114 'A« ZJ Page 14 -,--- --."" ~; . tj. 114- 2( MAY 10, 1988 to which Deputy Chief Barnett stated that he has a lot of trouble with 10iteriDg and prowling I.-., even under the State Statutes, because it ..... that ..erytl88 .oaeone J. arre.ted for this. the County ends up be4ng 8Ued. Øe .tated that if the County Attorney is happy with the way this ordinance i. written. he does not have any problea with the, County adop~ing it; he has proble.. when they try to enforce i~. Co88Jssloner GoodnJght .tated that she would lik~ to see this ordinance passed if it can help the Sheriff'. Departaent, a. there is a big proble. in Iaaokalee with intoxicated people lying on the streets and people throwing be~r cans in church parking lot.. Mr. David Spencer stated that he would also like to .ee this ordi- D8DC8 tabled tor the t188 beinç even though it is not directed pri- aarJlyat the ho..le.s. ~ss1oner Gla.. .tated that this ordinance would .i8ply allow depgtJ..'to .top and question people that are hiding out behind ware- boa8e8 or store. to deteraine what they ar~ doing. f:c ."1oaer ~rs 8OVecS, MCon4ec1 by Coaais..!oner 1Iaa- and C8n:'18d ~hlo1l.ly, that the public bearing be closed. Co8a1..ioner Goodnight stated that the way that .he read. this ordiDaDce, it would apply to those people that are loitering or prowling on .idewalk.. right-of-way ea.eaents or parking lot. that are pablJc or ...J-public. Ca f..IODeI' GoodnJght 1IOV8c1, .econ4ed by Co-issJoner Saunder8 aDd C8n:'Je4 1ID8D18oaaly, that the OrdiDance .. nuaberecS and tJ tIed below be adopted aDd entered into OrdJnance Book Jlo. 31: Page 18 , -."'.,. "" "-"-". MAY 10,1988 ORDI.AXC& 88-4e ~ ORDI.~CE PROHIBITING LOITERING AND PROWLING IN THE UWY8CORPORATED AREAS O~ COLLIER COUNTY. FLORIDA; PROVIDING DErl~TIO.S; SETTING FORTH A PEJIALTY; PROVIDING FOR COJIFLICT A8D S~&KABILITY; AXD PROVIDING FOR AN EFFECTIVE DATE. I tc.8 HC4 R8SOr..O'noJr 88-107 AO'rBOJUZIXO CLAY COO) n: BOOSI.G PIJlUca AOTBORI'1"1' -.ro IS808 8Dk.'U FANII.Y JIOJt'.rGAGB bvJf..llu& SOlIDS IX COOPDA'rIO1I WITH COLLID COO.j; f BOOSIJI'O rIJrua AO"lBOJU'1"1' A1ID USING A POJrrIO1I ro I'DIAIfCa QO&r.InIJrG LOU PROGRAMs IX COLLIER COtnrrY: Atrl'BOJUZIXG CI.AY &oTBoa%n -.ro OPERATE IJI COt.LIER COO.ìr: AJm AOTBORIZING COt.LID &oTBoa%n -.ro D:¡;u IJITO AX Inuu.ocAL AGREEMDT HITH CLAY Atrl'BORI'1"1' FOR 2""-1& 1'tìJU'USU - ADOPTED AttorDey Donald Pickworth, representing the Houslng Finance AutborJ~ of Collier County, .tated that this is a reque.t to ask the Board of Coan~ CoaaJ..ioners to adopt a resolution which authorizes tbe Clay County BOUSing Finance Authority to do a bond i.sue and to use a portion of the proceeds to provide below market rate aortgage tDtereet loans for qualified hoae buyers in Collier County. He noted ~t tbJs is the third i.sue of this type that has been done, adding .that Collier County's allocation for issuing the.e types of bonds is very _11 and 1 t does not aaJce sense for one county to do a bond 188114t OD their own. Be noted that aeveral other counties coabine to create a aafticient .lze bond issue and then parcel the funds out acco~JD9 to each county'. allocation. He noted that Col1Jer County's a11ocatiOD i. approxiaately $3.5 to $4 .illion. He indicated that the parpose of the bond i.sue is to create a pool of fund~ fro. which 8Ortgage 8OD8y will be available to qualified purchases for .ingle .. 114,ac;{ 25 Page 16 -..-.-, 114-26 MAY 10,1988 f-ily bo88.. Øe noted that the purcha.er borrow. the 8Oney fro. par- tJcJpatJDg lending institution. within the County. adding that if the Board of County CoaaI..ion~r. approve. this re.olution the next .tep will be to go to the local lending institutions and solicit par- tJcJpatJon. Be .tated that in the docu.ents there i. inforaation con- cernJDg the prograaa guidellnes and in order for an individual to be eligible for 8Ortgage loan. under this progra.. they 8Ust be a fir.t ti8e bo8e buyer, Which i. defined as an individual who has not owned a bo8e in the previous three year.. He stated that the individual.' Jnco.. ~~DOt exceed 836,000 per year and there are purchase price 11aitat1ona which state that the re.idence cannot exceed 869,000. ~8p8 n Attorney Pickworth .tated that in order for the Collier County 8oaaJDg Finance Authority to do this prograa, the Board of County Cc.-~I..Joner8 IlUSt give approval for the Clay County Authority to i8sue the bonds to aake a portion of these funds available within COllier County and for the Collier County Housing Pinance Authority to enter into an inter local agreeaent with the Clay County Authority to 8da1n1ater this progr_. 0[2 t..i0D8r Saunder. 8OVed, seconded by Co-J.sioner GoodnJght aDd carried 1ID8DJ80U8ly, that the public hearing be closed. C< ..sJoner Saunders 8OVed, secondec1 by Co_J.sJoner llaas. and carried ~tIlOa81y, that Resolution 88-107 authorJzJng Clay County 1Iøa8.IDg Ft~. Author! ty to issue single t_Jly 8Ortgage revenue Page 17 , :r -"~. MAY 10,1111 ~. 1D COOPU.~iOD wJ th CoIIJer Coanty Boaaing rJD8DC8 Authority aDd 1J81Dg . ~1OD to t~~C8 qualifying loan progr- in Collier County; autborSa.. Clay Authority to operate in Collier County; and aut:bor1z1Dg Collier Ccnmty to enter into an inter local 8grHlYDt with Clay A1atbo.r.t ty tor theatr I'VPOM8 be adop~ed. ¡. U 4 ,Ar,f. 27 Page 18 . .' ... '-- ,". MAY 10, 1988 ..... Jtl:CUS: 10:05 A.M. - UCO.v~&bl 10:10 A.M. ..... It:- '1&1 asor..on:cw 88-108 U PftITIOJr cccr.-87-8C, WILSO., MILLER, BAR1"OJf, SOLL . PKU, 18C. RaÞ~bI"I.O CLTDZ C. QUI~bY, RZ All 80 FOO'l' VARIAJrCB nOM TO cccr.. m ..'f..t.oW ftJR 'fBB co.snuCTIOJI or '1'WO COIfDOtsIJlIUM 'l'ONERS rOR PJtO~AftI.. 08 'fD lIEn SIDE ow GtJLftBORZ DRIVE, APPROX. 300 nn KORTH 2LYUDbIIU,'I' I&ACB ROAD - ADOPTED Legal notice having been published in the Jlaples Daily Rewa on April 2.,1988, as evidenced by Affidavit of Publication tiled with the Clerk, public hearing was opened to consider Petition CCCL-87-8C, filed by Wilson, Miller, Barton, SoIl & Peek, Inc. representing Clyde C. QaJDby, requesting an 80 foot variance fro. the Coastal Construc- tJon Cootrol Line to allow for the construction of two condoainiua tONer. tor property located on the west side of Gulf Shore Drive, Approx18ately 300 feet north of Vanderbilt Beach Road, Lot 3, Block A, Unit 1, Conners Vanderbilt Beach Estates, Section 32, Township 48 8oa tb , ItaDge 2 5 £as t . ..taral Re8ources Manageaent Director Proffitt stated that this is a reqaeat for a variance trOD the Coastal Construction Control Line to place principle structures that will house County residents and their property in known high hazard areas well seaward of the County and State Coaatal Construction Control Line. He stated that this petition -.rka the first tiae that the Natural Resources Manage..nt Depart.ent baa...r reco888Dded denial of a petition and it is not done lightly. Øe noted that there are two proble.. with building structures too near the ocean, a4ðing that seawalls, 8OOrings, etc. often accelerate the ... 114 rAQ; 37 Page 19 ...---.......,. _"""'- - ll4fG 38 MAY 10, 1988 rate of erosion at adjacent beaches and the other proble. is that habitable structure. too near the ocean can unnecessarily place bn.aA9 in life threatening situations and private property in jeopardy of Je8truction froa hurricanes and tropical storas. He gave a slide presentation Illustrating what the ocean can do to engineering and CODatruction 88rYels of aankind. Be noted that the Coastal Construction Control Line was establi.hed to protect structures and r8dace the rate of beach erosion. Re stated that the CCCL is currently under r.view by the State to deter.ine the review of erosion siDeo the line was last reviewed and to deter.ine if the line should be r880ve4 t1tl'ther inland. He indicated that the Jlatural Resources ~nt Departaent SUpports the existence of the line and also sup- ports denial of variance. at the line for principle structures. Dr. Proffitt stated that this site is located on the west side of Galt Shore Blvd., three lots north at the Jnter.ection of Gulf Shore DrJ.. and Vanderbilt Beach Road. He stated that directly across the street Js the Lighthouse Inn, and the property is bordered on the aorth by the Vanderbilt Beach Motel, and on the south by the Beachlloor ~D1ua, adding that the property consists of .73 acres and is zoned -Rr- for ResidentJ: Tourist. He indicated that the property baa 8C8ttered patches of sea oats and a saall remnant of coastal h..- 8OCk - _11 as sea grapes and cabblige pal_. He noted that there is a cleared path to the site indicating that it has been historically used.. a beach acce.. point by the public. Page 20 .. " MAY 10,1988 Referring to the site plan, Dr. Proffitt indicating that the peti- tioner N88 DOtJfled that Staff was not willing to accept the site plan .. or1ginally presented and the petitioner presented another sJte plan that sb0w8 that they are proposing to construct two condo.inJua towers Whi~h wJll be connected by a walkway, adding that the tower closest to the Gulf of Mexico, the connecting walkway. and a portion of the "c0n4 tONer -ill extend approxiaately 80 feet seaward of the CCCL. Øe DOted that in the second site plan, they eli8inated the swi..ing pool WhJch was not the proble. to begin with. He noted that there is stJll ODe entire condo.iniua in front of the CCCL and. therefore, Staff r8C01 -ndations are unchanged by the new plan. He Indicated that Statf i8 reco...nding denial because the Vanderbilt Beach area baa been tOGDd to be an area of high hazard potential and high erosion rat.. fZ'Oll studies that have been &ade. He noted that since 1885, V8Dderbilt Beach has experienced as auch as 200 feet of erosion. He 8tated that recession of the aean high water line at the developed portJoaa of Vanderbilt Beach was about twice that of the adjacent 1ZDdeve I oped areas. He noted that the erosion rate is estiaated to deteriorate the shoreline between one and three teet per year, adding that approval of this pet.tion would also be settinç a precedent. DOted ~t there has not been a principle structure approved for a Øe variance 10 this area since 1981. He stated that the petitioner feels that this petition should be grante~ because Vanderbilt Beach is already hlgbly developed with &any structure. near the shore and there lOGe 114 , w.. 39 Page 21 " -""-"-'" .. 114. m '" .j "< " : MAY 10, 1988 are only a few lot. left that should be built consistent with the other structures adjacent to the .ite. He noted that the petitioner al8O claJ.. that they cannot change the physical location of tbe structul'88, adding that they could construct one condoainJua, -king it taller, lnøtead of constructing two condo.JnJuas. He concluded by statiDg that the final recO88endation i8 for denial. Attorney George Varnadoe .tated that the CCCL Ordinance i. 75-19 aDd the State LaN 1. Chapter 161 of the Florida Statute., which has been In existence .ince 1965. Øe indicated that in 1985 the Coa.tal %oDe Protection Act was put into effect that greatly enhanced the dif- ferent aspect. of the Coastal Protection and in 1986, there was the GIJtch SJl1. Øe noted that in all the year. that this aatter has been ad4reaaed, the one thing that the State has not changed i. the defini- tJoo of the Coastal Construction Control Line and the purpose. for it. Øe DOted that according to Chapter 161, it .tate. that the purpo.e of ..tablJ8hJng the Coastal Construction Control Line is not to prohibit structures seaward but to define the area where speclal con.ideration Js DeC....ry to protect ~~e beach dune sy.te.. the proposed structure and the adjacent proper~l. Øe noted that the Florida Ada1ni.tratJve Code and the Statute .tates that where in a contiguous area a number of existing .tructure. have e.tabli.hed a continuous and fairly uni- fora construction line .eaward of the CCCL and th~ exi.ting structure. have DOt been unduly effected by erosion, then you can retain the ettect of it. Be noted that the petitioner a.et. the criteria of the "" L ,t Page 22 , " Ordift~. MAY 10, 1988 Be DOted that 8ince 1977, the Board of County Co8aJssioaera baa granteeS 16 variance. for principle .tructure. -aware! 0 t the CCCL. Øe 8tated that there are two criteria to look at: 1, Js wbe~her a precedent has been set in terms of a contiguous aDd tairly anifora line foraed .eaward of the CCCL and Staff has adattted this: 2. i. whether the existing .tructures have been ~duly eftected by eroeion and no one has .aid that there has been any effect on existiDg .tructure. in thi. area, therefore, the petitioner clearly ...t. ~ criteria of the ordinance. Co881ssioner Saunders .tated that it appear. that the criteria has been _t, bat questioned if this llean. that the petition has to be granted, to which County Attorney Cuyler replied negatively, adding that the reaaona that have been rxplained are reasons for granting the petition bat they do not require that the petition be granted. Mr. Toa Peek of Nilson. Miller, Barton, Soll & Peek, Inc. stated that there are a nuaber of structures that exist along this coast line and are -award of the CCCL, adding if these variance. in prior year. were DOt granted it would have created a hardship on this property and the deve topers . Øe noted that in 1977, a 117 foot variance was approved tor the .truCtUl iaaediately to the north and in 1978, an 81 foot variance was approved for the structure iaaediately to the south ot this lot. Øe noted that the 8ea oat vegetation and the sea grape vegetatJon will not be disturbed by the proposed construction. He DOted that there are so.. cabbage pal- that will be relocated in ... 114 rau.. 41 Page 23 _..,_._"""'~" 1l4rø12 order to build the structure. MAY 10,1988 He indicated that the lot is 100 feet wide by 320 teet in depth and Jt Js one of 3 or 4 reaaining parcels at varloaa locations along Vanderbilt Beach. He noted that the building to the 8OGth is a 12-story condoainiu. and the one to the north is a tNc. .tory aotel. Øe indicated that the petitioner wanted an inter- 8edJate buJlding in order to create a good transition between the tHo buJld1Dg8. Øe noted that this will be a &-story building over parkiDSJ . Be iD4icated that density wJIl perait 12 units per acre, but ~ pet1tJoner bas decided upon 10 units per acre. He stated that this requ..t is for a variance of 70 feet fro. the CCCL and Js con- sistent with the establJsh.ent of the State law and the policy. He stated ~t be is requesting approval of this petition. In 8D8Wer to Co..iss10ner Hasse, Hr. Peek stated that there will be a "188Jng pool east of the CCCL, which will be near the tHo larger portions of the buildinq. He noted that the present sJte plan is to sbow ODly the structures beyond the CCCL. ~8p8 .. Co fssJÓD8r Saunders questioned when the two story building to the north was built, to which Mr. Peek indicated that it was approveð by Jteeolution 77-2 on May 10, 1977, and the building to the south tf8.8 approved by a Resolution on March 7, 1978. CoaaJ.s10ner Saunders stated that one of the considerations i. not ODJy what Js built there at the present ti.e. but what is likely to happ.Q to these structures 15 or 20 years fro. now and questioned Jf this Page 24 ;.{~ 'it 'J .. ---_.. J '.' MAY 10,1988 . vari8DC8 was denJec1 and the .tructure on Lot 4 was rellOVec1, would the CoaAty grant another variance tor that property if a new building was -to be baJlt? Dr. Proffitt .tated that this i. .o-thing that should be considered, adding that if a .tructure was rellOVed and had to be rebailt, It would be acre likely to be built behind the CCCL if th1#) pet! tion was denied. Co8ai8.ioner Saunders .tated that he i. not sure if this should be taken iDto consideration at this t1.. due to the aaount of ti.. imrol98d, DOting that it could be 20 or 30 years fro. now befor. a buJlding is r88OYed. Acting eo..uø1ty nevelopaent Adainistrator Olliff stated that In this~. Staff i. wor.'ng with the DJIR and th.y are aoving the CCCL landward of where it ~xists now, adding that based on this petition, be felt that denial had to be reco...nded. He noted that there are exJstJDg structure. that do extend beyond the CCCL at this ti- and tbere Js that ability to grant the reque.t that the petitioner ia requesting, but Staff did not feel that they had any choice but to reco 1n4 denial. Mr. George Keller, representing the Collier County Civic reðerat1OD, stated that it is alway. difficult to re.trict 8O..00e froa getting the ao.t econoaical use out of their property, adding that be would like to .ee the petitioner aove the building. back a little. Øe noted that if t~i. wa. done, it would be an advantage to the petitioner as there would be acre beachtront for the resident.. I. 114 '1« 43 Page 2S "-.-' ,.. - 114- « MAY 10,1988 Øe noted that he hopes the people along this beach do not coae back ..king tor 88awalls and riprap and asking the County taxpayers to pay for it. c: t-1oaer ~era JIOYttd, 8eCODde4 by CoaaJssioner 1Iaa- 8D4 can.ted -i80a81y, that the public bearing be closed. Co issJoner Basse .tated that he finds it difficult to restrict this buJlding.. there are other buJldings in the area that exceed the CCCL . Be stated that he could not restrict thee. people froa using their pr~rty and finds it difficult to vote against this. Co8aissioner Saunders sta~ed that he recognizes that aistakes have been aa4e in the past, but it aay not be appropria~e at this point in t18e to restrict this property ONDer when all the others have been allONed to exceed the CCCL. Cc 1_iOD8r 1Iaa- lIOVed, seCODded by CoaaJssJcmer GoodDJght and ~18d ~taoaaly, that ResolutJon 18-108 re Petition CCCL-81-IC. W118aD. IUller, Barton, Soll . P_k, Inc. request1Dg a varJ8DC8 froa tbe cccr. be adopted. ,; .)! .. " f ;. . !t " ,.. ; Page 28 - . :. l ,1 . ':J¡ ..' i,' " ( " ... ;' ' "; ':':'f . :;-',,'n4~ J6 , " MAY 10, 1988 ..... Depaty Clerk Boftll8D replaced Deputy Clerk Kenyon at 11:00 A.M. ..... It- '1&2 asor.ono. 110.88-109, n VAR.tUCE ROM nœ non YAJtD SftBAcx 88QU1iìtP8-. ~ PaOP.lR1'W' LOCATED OJI SOLL STREn AJrD eTa AV&JIu,I; S.W. - ~~&U Legal notice having been published in the Naples Daily Mews on Hay 3,1988.. evidenced by Affidavit of Publication filed with the Clerk, publJê bearing wa. opened to consider Petition V-88-4, filed by Hr. ~. A. Jahn, requesting a 19 foot variance fro. the (west) front yard ..tback requireaent of 75 feet to 56 feet in an -E- zone for the follOWiDg deacrlbec1 property: the south 1/2 of Tract 112 lying west of tbe 1-75 right-of-way, Unit 35. Golden Gate Estates, as recorded in Plat Book 7, Page 85 of the Public Records of Collier County, Florida. (80rtheast corner of 5011 St. and 6th Ave., S. N.. Section 7, Township ..9 Soath, Range 2e East). Pl8DDer Scheff advised that the request for subject front yard ..tback variance is to finish constructing a house (add another addJtJOD), and in the future. to add a pool. He noted that subject property contains 1.70 acres and since the Estates zone district requJres a ain1.ua of 2.25 acres, this is a non-confora1ng lot. Mr. Scheff stated that Petitioner was granted a building permit in 19... to build a house on subject property. noting that the building pera1t plan we. approved with a setback of 75 feet along SolI Street, but the bouse was built at 56 teet. He added that in 1986, the Page 27 , . --"".._,- -. MAY 10, 1988 PetJtJoaer W88 granted a perait to build an addition to the exi8ting boaae, DOtiDg that because the existing structure encroached into a setback and because the lot i. illegally non-conforaing, this perait should DOt have been issued. Øe stated that in january, 1988, the PetJtJODe!" applJed for a perait to coaplete construction (add an add1tJon), and was turned down because of the non-conforaing front yard abatting SolI Stree:, resulting in the request tor variance. Mr. Scheff indicated that upon review of subject Petition, Staff doe8 not find that a land or structure related hardship exists. He DOted ~t the cepe reviewed subject petition on 4/21/88, and are I'ttC( Tnd!ng denial (7/1). In 8D8Wer to Co..is.i~ner Bas.., Planner Weeks stated that anyti.. ea8d0D8 splJts property, it 8U8t coaply with the Subdivision Regulatlona and the Zoning Ordinance, as to lot area and width, adding ~t DO Planning/Zoning or Engineering Staff are involved to verJty that the properties are legal. He added that when the property was splJt, it was l.ss than the required 2.25 acre., aaking it ille- gaIly non-conforaing. Øe noted that when Building Peraits co.. through tbe ZoDJng review office, and Staff sees that the property does not ...t the required lot area or width, the Petitioner i. SUpposed to be notified, adding that if it i. a platted lot. Staff can easily check the plat book to verify when the property was platted, and if it is not platted, the applicant i. required to obtain a copy of the pro- per~ recorda card, which shows the date the property was split oft, .. 114 P8l.( 47 Page 28 .-.-..,---., -.- . .. 114. J8 MAY 10,1988 addJng furtber that this did not happen, therefore, the peraita In the P88t lMre errooeously approved. 1Ir. 'rbo8aa .Tahn iM ~cated that he owned a s..ll parcel of proper~ ad18ceat to tbe 1-75 right-of-way, which was 660' x 75' and then he and co.b1ned the ~, and then applJed tor a variance to split the. the opposit. waYø thus -king t'Ifo lots. Øe noted that he was granted a peraJt to build a boaae In 1984, and a perait was granted to add an addition, and propo- ..ls of the surveys of the future use of the property were eubaitted, addlDg that he would now lik. to coaplete the final portion of the boa- , aDd Js be ing turDec1 down. Øe stated tha~ he Js willing to pro- .J48 18Ddscaping, or whatever it will take to equalize this situation. Co i..Joner GoodnJght stated that she concurs with Staff to a certaJn ext:ent, but added that perai ts were granted twice for long range P1aaDing, and now that he 1s at the final phase, he Js beJng deDJ 8d . Mr. George Keller, owner of property in Golden Gat. Estate., 8tated that he disagrees with Staff. He noted that the Ordinance D8ed8 to be changed so that the proble.. regarding s1de yard setbacks and front yard setbacks can be alleviated, noting that if a house is faclDg a particular street and has that street nu.ber, that should be desJgnated.. the front yard setback, and the side yard setback reqa1r.~nt is to be 1°' of the property. Oc ~-1oaer ~rs 8OVed, 8eCODdec1 by Co_1.s1oner 1Iaa- and Page 28 :~ í <' "- , "-'111 carrJed -'0. that the p..Dlic bearing be clOHd. PI8DD.r Meeks re8p0n4ed to Mr. Xeller's coaaent. by stating that MAY 10.1111 the ZoniDg Or~e presently provide. a reduction of setbacks tor COrner lots that are non-conforaing, within the Estate. .ection. Oa ,..1oDezo ~rtI 8OVec1, 8eCOD4ed by Co8aJseJODer Goodnight IIDd carried _'0, that ae.ollltJOD 11-101, Peti tJOD V-II-., f Jl84 by ftMJ .. A. 381m, I"8q1Ie8tiDg a 19 foot Yar18DCe troa the (_tJ frODt yard 88tb8ck I'8q1IJr."4t of 75 t_t to 51 t-t, tor property located OD tile DOI'I~T.8t corner ot SolI Street and Ith Avenue, S.M., in 8ectJoa ". ~8bJp .9 South, R8Dge 28 East, be adopted. . ,.. IOOIr 114 'M'.( 49 Page 30 i~'~ . ;'. ..- ~? ;~ ): I, *-. v" .~ "" ; . . .' f ~;~. l , '1 , ~~ MAY 10,1988 .' .'hpe.... t It- nas \ 'Itl~lO8' 88-88-1, JlICBEr. SAADa or TIm VI1IEYARDS DEVEt.OPMD':r , . CORPOdU08 JtaQOa%l- DCEPrIOJr TO ARTICLE XI, UC'rIO8' 11, I' a G AJID 'UPbuIX -D- (LOCAL StR&&:t) or TIm COLLIER COO.1"'I' SVBDIVISIOW ltaClL&Uoa - APtfwV'UJ PubIJc Mort. AdaJnJstrator Archibald advised that subject request i. to allow a reduction in the right-of-way width and road lane width for parcel. 1D the VJneyarda PUD. øe noted that Staff has found that then are a series of parcels that -y be better served by pri- vate access roa48, built to standarda that ...y not equal a standard that woal4 apply to a local or collector road. Øe stated that the rJgbt-of-Nay width would be reduced fro. 60' to 40', and the travel 1... MM:ld be reduc~ 'froa 12' to 10'. He lndicate~ that Staff i. reN Ta.dJDg reduction on a site specific approval of the Coun~ £Dg iDee r . CD "'1oDer SauDders 8Ove4, eecODdec1 by Coaa1ssJoner GoodnJght aDd carrJed 4/0 that the public bearing be closed. Qc 1..1oDezo ~ra lIOVed, eec0Dde4 by CoaaJssJODer Goo4DJght aDd ~i8d 4/0 to approve PetJtion SB-88-1. ltea n111 '1~O8 88-110, PftI'lIOJr PU-81-ac, JAHZS L. JOJlU, CRIEr or .0Rm DPLa na CO.IKOL AJID RÞCOE DISTRICT, U EXI'DSI08 or PROVISIOJrAL oa ... & na 8'U'lI08 08 ra SOO'l8 SID. or CR-84e 08 24ft AV'bu& a... AIm 3/4 ~ .'11' or OAD BLVD. ADOPTED Planner Weeks advised that subject request is for an extension of tþe Provisional Os. approved on june 23. 1987, adding that the Zoning .: 10M Ü4rxt 53 Page 31 , ,to l1t,.M MAY 10,1988 OrdJmme. provide. for one. one year extension. Qc t_iaDer Goodnight 8CW8C1, 8eCOD4ecS by Co8aJs.icmer 8a=4ere aDd ~i8d 6/0 ~t Re8olatJon 11-110, Pet1~Jon PO-87-3C for an 8Kt8D81aD of Pro9isional 0- for a I'Jre Sta~Jon tor property located CD tb8 8ØGtb .ide ot a-14e, on 24th AYeDUe ..If. 8D4 3/6 8il. ._t at 08k8 8oaleyA1'4 in S8c1:Jon 29, Township 41 South, Rang. 2& ...~, 1.32 8C%.., be 8doptec1. . , .. ; ,~.. , . " ',' . , .:. ~. Page 32 , '" ~" MAY 10, 1988 . DQaa~ ~ moDLAD COlOufiIJ81011 SO1ID UDOCTIO. - APPROVED SOB.1EC"f 'fO eou.'X'K U~a'K'. APPROVAL Attorney Craig Woodward indicated that subject request i. being 884e for a bond reduction regarding the Woodlake Condoainiua project. Be .»ted that a con.troction bond w.. provided to ensure that the Z'O8d8 aDd .....r lines would be put In, adding that a large portion of this IIO1'k baa been provided and the developer would like the bond N4aced . PUbIJc WOrks A481ni.trator Archibald indicated that an agre..ent baa be8D reacbed that would allow for certain road 1l1prOYe.ents and Staff i. reco...ndlng that the bonc1 be reduced, subject to the County Attorney'. approval. OJ:" t-.J.aDno ~ 80984, ~ by CØ88Js.iODU' ~'gh1: 8D4 Cllft'i84 4/0 that 1:be Mood1aJte CoMo81niua bond be re4uced, IlUbjec1: to ~ .¡ ~ 1:be CoaD 1:y & 1: 1:orney . 11:88 ... CoaD1:y Attorney CUyler stated that tor intoraation purposes, he beli.... that subject request i. to 11ft the aoratoriua on the sub- ais.iOG of an after-the-fact variance petition, noting that that Ordtpa~. 1. to co.. back to the Board within the next two weeks. Mr. JO88ph Bogg. of Bruce Green and As.ociate., Inc., and repre- " tOM 114 "'1. 57 Page 33 ~.~ -.. .., " " . I,: .--,.,.... I" , MAY 10,1988 88Dting Mr. Mark Dickeraan, owner of Lot 16, Block 2, Avalon Estate., OD1t 1, adviaecS that hi. client relJed on a survey that tf88 done years ago, and Jt sbowed that he had enough roo. to build an addition. Øe 8t.te4 that Mben he did the subsequent .urvey, .howing the front yard ..tback in violation, he al80 found that Hr. Dickeraan'. lot was 11' abort ot Wbat tf88 shown on th- recorded plat, and that a .Stop Work Order- baa been placed on the addition. Øe .tated that he would like to b898 that stop order lifted, and a variance granted. C,a "'.toaer tÞ'qDders lIOVed, _cOD4ec1 by CO881ssJoner Goo4:DJght ad C8ft"18d 4/0 that Petitioner be peraJtte4 to apply for aD after-the- f8Ct ...J8IXe 8Dd that the .Stop Work Order- be IJtte4. ActiDg Co88un1ty Develop8ent AdaJnistrator Olliff advised that Mr. Dicker88D will be subject to after-the-fact variance fe.. Which will be 8d4re88ed 1D the Ordinance coaing before the Board wi thin the next a.o _k8. Mr. Boggs replied that be bas no probl88 with thi.. CoaDty Attorney Cuyler asked Hr. Boggs if he and his client aDderetand that if the Board .ubsequently denies the variance peti- t1GD, Jt will be required to reaove the structure which is presently being búlt. ltea ftCl Hr. Bogg. replied affiraatively. ...or.øn08 aa-ll1, CUATI1IØ AD-BOC cœ.ann OIl TD BOMELUS SITUATIOII D eftU..'nIt CVU.Tt - ADOPTED Public Service. Adaini.trator O'Donnell .tated that at the April 12,1988 Coaai.sion Meeting, authorization was given for the purpose ", . , Page 34 . ,~ v ____O" ... MAY 10, 1988 of creating the Ad-Soc Coaa1ttee, and within a ninety-day ti.. period repor~ beck to the Board its findings and recoaaendation. regarding ~be probl... of the ho8el... within Collier County. Se noted that the O~ter Japles Area Co..itte. baa had three preli8inary ..eting. to prepare a coar.. of action to address this i.sue and the consen.u. of the Cc tttee froa the Greater Jlaples Area was to focus its attention to ~t particular area. Be noted that repre.entatives trr. the I880kal.. area have al80 done .ignificant work In addre.slng the h08e- 1... coa41t1on, adding that Staff feel. it i. Iaportant to develop a ~O8prebeD81ve County-wide ap~roa~h. Se indicated that a draft of the Reeolatton tor conaideration shall have the Board appoint .even aea- bers fro. a COULty-wide basis to the Ad-Sac Co..1ttee wbo's goal would be to ad4ress the ho8eless .ituation in Collier County and report the f1D41Dgs to the Co8als.ion within 90 days. 0.-'1 t..ioaer 8M" 8Oved, 88COII4ec1 by CoaaJss1oner Sa1mder8 and carried 4/0 to approve the creation of an Ad-Roc CoaaJ t~.. on the .....~ 8tt:aation 10 Collier CoaDty a:J4 that the R8801atJon be 8dop tat . lOll 114M 59 Page 3S . ~ .. 114M 62 MAY 10,1988 1t8a ..1 ..acur. PAY ADJDan..a.T rea CODE b,ORCDlUf ORICER AJmD ass - &h Iiiín All' &A.Jnlstrative Services Adaini.trator Och. advised that Mr. 0.. baa been eaployed by the Building Departaent .ince 1981, and for the, past ~ year. has coordinated all peraitting and code co.pliance 8CtlvJti.. in the IIIIIOJcalee area. Be .tated that hi. current annual ..lary 18 828,387. Be indicated that Mr. 0.. Js a State Certified Wire In8peGtor, he holds a State Contractor'. License and he is a Certified BuildJng Inspector. adding that becau.e of the unique duties aDd r88p0D81biliti.. he holds in the I880Jcalee area, in addition to the val.. of hi. .ervices to the County, Statt is reco...nding a 10' ..Jal'1' 8djU8t8eDt, which would Jncrease hi. annual .alary to $31,228. Mr. Dick Braun, indicated that a consulting fir. has been hired to 8981aate.posJtions In the CoaaunJty Develop.ent Depart8ent, adding ~t be f..l. until the study is coapleted, a pay adjust.ent is preaa- mre. 8aJldJDg Director Magri stated that Mr. Oss has done an excellent job In I880kalee and he wears aany ~at.. Co881s.ioner Goodnight advised that after the fire inspector in 1..~.1.. left, Mr. Oss obtained his certification a. a fire Jnspector aDd he baa been doing all the tire lnspectlon. which is .uppo.ed to be done by the Independent Pire District.. ø,Q .aioDer 88'aDders 1IOV84, aecon4ec1 by eo-.teel0D8r Goodnight Page 3e " MAY 10,1988 8D4 C81'r184 4,/0 to app.r-OV8 a 10' specJal pay a4jua~'t tar COde 811101"0( . . r þt Off.f.cer Arden 088. 1t88 øn a.n.~l'pnOJl lOR """a;u MAJIAØD TO SOLICI'f PROPOSALS roa DPJJgIOJr or 8IITr.D'r8I C-2 - UhOV &l) CoaD~ MaDager Dorrill .tated th8t thl. ite. 1. at a conceptual Da'tUre, ~o authorize hi. office to solicit bid proposals tor the .)¡y-"'1oa of 8aildJng C-2 and to give Mr. Colding's otfice S088 leaway.. be prepares hi. budget for next year, as this relates to patttDg special "."88eDts on the tax rolls. He stated the 1.por- t~ of beJDg able to pay debt tor bonds to do .pecial as.es...~t Mark, aa4 said it will enhance the County'. ability through the Property Appraiser's Office to do this additional level of work. c~ ._1ODer .~ra 8OVe4, 8eCODde4 by Co8a.tssJemer Baas. and C8Z"¥'184 4,/0, to 81I'thor1ze the Ccnm~ JlaDager to solicit proptla1a tor tile AJ(p--1oa of BaJI4JDg C-2 IID4 approve the JncluaJOD of the 1Dcr_.ct operat1Dg 8Xp8D8e8 JD the Ccnmty Property AppraJs.I"s IT 88/8. """"ge't ren.1~JDg troll the 8&S1'tion of specJal ~'ta 'to the CoaDty Tax Rolla. Clerk GJles questioned where the 8ODey will be c08ing from? Coanty Manager Dorrill replied that at the ti88 the Bid will be 8N8rde4, the aoney will be coa1ng tro. either the Capital Iaprove.ent PaD4 301 Reserve., or could be separately budgeted. HOlt 114 'K[ 63 Page 37 / ,.,---,- . - fit. 64 MAY 10,1988 lha nu. 8U~ ~~~. "-211 a.D "-271/279 - ADOPTED a: ._toaer GoodnJght 1IOV84, _con4ec1 by Co8aJssicmer Ba8- and C8ft'184 6/0, tbat badget ~t. 88-211 and 88-211/219 be adopted. laa ftU ftft8S'Pt08 (Ø $300 I'OR no.rzcr GRADUATIOJI SPOJISORED BY JIAPLØ I.WORMED Pøa.~. A8D DOIIATIOJI or 8100 J'OR EVERGI.ADES B.S. AJn) IMIIODLD B.S. - u..-- &II CG I..ioner Goodnight .tated that she feel. a donation to Project Gzw:aa~iOD is well worth the 8Oney spent, adding that l..t year .he 88D~ioaed ~bat a tund be set up for the other two high school. outside of llapl- (Evergla4e8 and 188001..), and learned that there were no fand8 tor thi., but tho.e student. were allowed to participate in the 8apl- activity. She noted that these .chool. are 80%'8 than 40 ailes ..." aDd .ach school has opted to have their own function. She 8Dgg..ted ~t a donation be given to both Everglades B.S. and I -~.1.. B.S., if they.o de.ire. Cc , ..Joner Gl..s 8Ovec1, _coDdec1 by Coaa1.sJoner Ba8- and C8ft'184 6/0, ~o approve donatJ0D8 of 8300 for Project Graduation, 8PQG8O1'e4 by Jlapl- Intor884 Partmts, and 8100 to Everglade8 8Jgh 8dIool 8D4 ~ka1- BJgh School. ... C r 4_i0D8r 8auDder. 8Oved, 8eCOD48d by eo-.t_1oaer llaase and C8ft'Jed 4/0, Ulat the following J t- be approved aDd/or adopted -1ft' the CoD8ea. t Agenda : laa nul Page 38 "------,.,. "~'"- MAT 10,1188 .."~I-V or CO8hMlI.'fØft rea A CORRIDOR MAXAGÞId~ PLAJf APrKUYIW .AJI'D :bI1'Z'fa-PTð8 or CO.~dC'f nGO'fIAnOW WITS A. GAIL BOOItMAJf . ASSOCIADS It- .1C.1 am ..,,- AD -.MUll 111 8., /8. wrrB BARMO1I B1\O"I JI&K ItOCE COMP AllY , ~ .u.oun IJIC..a~ BY 840,000 'fO COJrrIJRr& WI'l'B SCJIBDOLa) See Page. -Þ 9- 7ð It- .1C.2 I'UBLtC w.a1tTWQ MAT 24, 1988, a CDTIJ'ICAD or POBLIC CO.v......DCK .AJI'D DCISS!," !O 8EACJI CUJB or MARCO It- ftca am ""-1187 AlUImED 'fO bt.:d;&,A ROADS, I.C. !'OR VAJrDERBIL'f BU.CB ROAD ~......~. R':nfED OAKS BOULEVARD AJrD C.R. 9&1 IX TD AMOU.T or 11.'C2.323.38 ltell ft... pItwr-tÞl-..-y ACCZPfAJICE or TD ROADWAY DJLUJrAGZ IMPROVDID'rS AJrD "".I8'Y--'~ n.cuAnT FOR UCORDIJIO PLAT roa SABLE LADS. 0JfI'f 1 1t88 ftcas APPttAUUr &SSIG."~III.t. roa TD EAST AJID 8OO'rB JIAPLBS SØITAR1' SDIAO& COI'Z.IrC'f%OIf &IS-x,UI AIf.I.RDED 1'0 STE'IfAJt'r AJID SfkrSAJl, MID MAXWELL . ASSOCU'RS, ROBEItT VIELE, AlII) RICHARD M'EBSTZR, IX THE .AMOo.r or 1&0 , c&O. Stewart aDd Stephan MJke MaxlMll . Assoc. Robert VJeIe RJcbar4 Web8ter 822,100 18,100 4,9&0 e,IOo ltea n... alfOurrIOIf 88-112, AØTJIOJlIZIXO a:&CO'fIOJI or 301ft PAR%ICIPATIOK M~-T~"""~, FOR TD PURPOSES or co.a~JWCTI.O 'lMO J'U&u 8AS& OPBRATI08S a'f 'fa D I JODLD AIRPORT See Page 71 1b8 ftc.., NIl 114,ar,( 65 Page 39 114""66 MAY 10,111. ftAØ 1ft) II8OO'IlAD A COII'rRAC"r WI'fJI ICIDIIn DUIGJr ASSOCIADS, DlC. ¡-OR A8é.1UtM--tv.u. 8&aV.1C&1 FOR A8 AGRICULTtIRE CÞ-'¡&K ltea ft4Cl - M)V&i) TO ncl I t88 ft 4C2 acct. --uAU08 TO APPLY roa A GUJIT noM 'rJtI nAB cø ft.ORIDA "1"0 PIW..u. r..u"",~ ~ D.JOULa 8UPIftd. RECDA'f1OW PARTICXPAJrrS See Peg.. 7;/- 7~ 1t88 #14Dl .uauI8Ø I'OIt L&O.~ eb'l.lCU JrO'l-TO-DCDD 811,000 .-oR DtII....~ DOItUX PJIOI¡-_..~ ASSOCU'I'm WID TO -800"1"II COOa-x~ RZGIOUL 1U.STZIfA"l"D J'.ICILll'l,a- PRO.nc"1" 1t88 ft4D2 bw.I.8IOIf or LnIL DESCIUP'r1OJr roa BOO1IDARID or MARCO PIIASK II aDD DØ'T1UCT AJrD ~u¡-& AH*aIJft.UT TO 8DfD Þ-'¡&IISIOJI AG~'t See Peg.. /f If, - 77 I t88 ft tD3 ao,------x wrrø 8PR.IJIG8IOOt) cø JIAPf.U, DlC. - .Db &Y:dUl J)&v&.t.OPhb-,¡ 1!Ir.a8atN AJII) uuœuUDIÞT FOR CAPn'AL coaraocnow COSTS TO Da~u.oPD See Peg.. I~- #140. Jtecorded 1D 0... Book 1348, pagee lØS-1422 ltea #1Ul - IIOV&D TO "&1 1t88 ftUl ....." am DQUn......IS MAIVID AJrI) eoua ;Jt MAJfAGD TO ASSIft "1"D ft.&D'. anOb&I DI "1"D POItCB.UB or All OJIDacova VDICL8 'l'JDtOOGB ~ CIDU 08 or PRI C& OOO'I'U ltea '1"1 ~DIC&'1'D woa coaucnow TO 'fD "1"AX ROLLS Page 40 ,-----_.,-, ......... sa. ftØ2 MAY 10,1988 80S. 1187 TAJIOIBLJt PERSOJtU. PROPUrf 112-118 Dated 4/2e-a/2/88 Ia. ft- III8C - I Y --1r'IOCJS CO JtJœ$ po.-o DC & n LED AJrD / OR ItÞ' ~ Tbere being no objection, the followlng correspondence was filed 8D4/or reterred to the various depart_nts as indicated below: - 3. 1. Letter dated 04/26/88 fro. Douglas L. Fry, Environmental Manager, enclosing short tora application (Pile Ro. 11143885) whicb involves dredge and fill activities. Reterred to-Neil Dorrill, Dr. Proffitt and filed. 2. Letter dated 04/27/88 fro. Douglas L. Fry, Environaental Manager. enclosing short fora application (File Jlo. 111484605 and 111484&25), which involves dredge and fl11 activities. Referred to .eil Dorrill, Dr. Proffitt and filed. Meaorandua dated 05/02/88 to 3ay Reardon, Acting EMS Director, fro. Ronald F. Cook, CPA, regarding EMS Interi. Financial Stateaent for the period ended Marcb 31, 1988. Referred to BCC, Lori Zalka and filed. 4. Me8orandua dated 05/02/88 to Dan Pucher, Fleet Manage..nt Director, froa Ronald P. Cook, CPA, regarding Pleet Manage_nt/Motor Pool Interi. Pinancial Stateaents tor the period ended March 31, 1988. Referred to sec, Lori Zalka and fl1ed. 6. Meaorandua dated 05/02/88 to Robert Fahey, Solid Waste DJrector, fro. Ronald P. Cook, CPA, regarding Solid Waste DJsposal Interi. Financial State..nts for the period ended March 31. 1988. Referred to BCC, Lori laIn and filed. 6. Letter dated 04/25/88 fro. Bert J. Harris, Jr., State Representative, acknowledging receipt of Resolution 88-77, regarding the support of the BCC for House Bill 669, which allows for a local option docuaentary stamp surtax. Referred to sec and filed. 1M 114M 67 Page 41 ~. ..' ,t ~'1:- '114- III 'II!' 7. lIimat..: 03/24/88 - Library Advisory Board 04/21/88 - cePe and 05/05/88 Agenda 04/27/88 - Agenda for CCPC CitIzens Advisory Co..ittee Order received 04/28/88, signed by County Court 3udge Eugene C. Tamer, ordering BCC to pay 8788.10 tor rei.burseaent of c~ CO8t8 for Ca.. Jlo. 87-1712-HM State of Florida, Plaintiff, v. Rodney .ettt88, Defendant. MAY 10,1988 e. ... 'J'bere being no further business tor the Good of the County, the -tiDg .,.. adjourned by Order af the Chair - T.1.e 11: 50 A.M. IIt't., ,,) ..-: ,,~ ... . ~ r ;;,;:.~~' .f!~~ÍJ, '\r.£RJC - . -;.,¡ '-" - ....- ., - - .."~ BOARD or COO.TT COMMISSIONERs/ BOARD OF ZO.I_O APPEALs/EX OFFICIO GOV.bJtIJrO BOAR.D(S) or SPECIAL DISTJUcrs OJIDa ITS COJI'rROL .. ¿/c /1 . . IL --//:L~ ARJfOLD LaB GLASS, ClL\IRMAJI fte8e a1øat.. _roved by tbe -..cJ on..21/ ð-..L <:: / /' r /' .. ¡treeeateð --- or a. corrected ;;..,. " Page 42 -'-'