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BCC Minutes 05/26/1987 R .", :',Naples, ,Florida, May 26, 1987 LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Board of Zoning App~als and as the governing board{s) of such special districts as have been created according to law and having conducted business T herein, met on this date at 9:00 A.M. in REGULAR SESSION in Building "F" of the Courthouse Complex, East Naples, Florida, with the following members present: . .. -.--......-.....__ .__..-....-....-.._ __..__ .III ............--......................--.......~ CHAIRMAN: Max A. Hasse, Jr. --. ; ..... VICE-CHAIRMAN: Arnold Lee Glass John A. Pistor Burt L. Saunders Anne Goodnight I' ALSO PRESENT: James C. Giles, Clerk; John Yonkosky, Finance Director; Beverly Kueter, Deputy Clerk; Neil Dorrill, Acting County Manager; Ken Cuyler, County Attorney; Tom Crandall, Utilities Administrator; Mike Arnold, Assistant Utilities Administrator; George Archibald, Public Works Administrator; David Pettrow, Community Development Administrator; Ann McKim, Planning/Zoning Director; David Weeks, Planner; Kevin O'Donnell, Public Services Administrator; Sue Filson, Secretary to Board; and Deputy Chief Ray Barnett, Sheriff's Department t 't' ~ : ' ' ~ ... ..' ", I . t" : ~ t . ',- I' : '~: ~ .:_: ~ ':.L ~ 'I~ 'I~:..~~ i,. l;.. " '..\':' \ ~. .' ~ . t . ~ " 1.-1.1 . I, ~ . ' ..... . Page 1 ...:r .' , , &OOK 104 PAG( 447 h";' \; ,.i , , ".~ '''"'~'',",' ,,-----_.~~""',~,~ "·_·"-·""""_·""".""_'~;··d.___. WI 'P 'of "" - "'1If"'"_....._.·,~..".. ! ¡'I ¡ " , ;, I',",' ~..: ~ . ,. ~~~.... )'.0:':" .~~-~~.:~ . .'.'. ' '. )j',-. \..... ~q¡........,;..~....; .,.;. . :i~ ,./~. .- '-'--'~-""""-'''-''''"~.,.,,,,., MAY,26, 1987 Tape f1 Item '3A AGENDA AND CONSENT AGENDA - APPROVED WITH CHANGES Commissioner pistor stated that it is Board policy not to hear , -, ~ .... . .. . .,.. ~.. items which contain no back-up material in the Agenda package and requested that Item #l2Cl, discussion of impact fees be postponed. Commissioner Saunders stated that he has requested that this item be briefly discussed and there is no pertinent back-up at this time. Commissioner Gooðnight moveð, aeconðeð by Commissioner Saunðers , , and carrieð 4/1 (Commissioner pis tor opposing> that the Agenda and the Consent Agenda be approveð with th. following changes: Item '6B3 - Petition ZO-86-20C, an orðinance amenðing Orðinance 82-2 re submission at application for ðevelopment approval for ðevelopment of regional impact. - continueð to 6/9/87 Item '6B4 - Petition ZO-87-1C, an orðinance amending Ordinance 82-2 for a provisional use - continued to 7/21/87 Item '6BS - Petition ZO-87-2C, an ordinance amending Ordinance 82-2 re PUD monitoring requirements - continueð to 6/9/87 ' Item '6B7 - Petition PDA-87-3C, an ordinance amending Ordinance 85-15 re vineyards at Naples PUD - Continued to 6/2/87 Item t14C3 - Extension at Interim Concession Agreement tor Clam Pass Park - Moved to Ítem 9Cl Item f4 MINUTES OF MAY 12, 1987 - APPROVED AS PRESENTED \,,"r~·'f~~,..iOD.r~:""'4að,· "tlecouded.l:ly:,commll.s1d.oner:~undera and carried unanimously, that the minutes of May 12, 1987 be approved I: ! ! : : as presented. ,I :: ¡ i it :',1 j¡ 1,'1 ! '" \ ~. Page 2. &OOK 104 PAf,f '453 ..,. . . ·'1" . ..:".',V·· ,··..·:~f~;'.. . . . ~ .' 'l-r:,~,' ,:'.'- ..~'~ .' .. "-, . '-.. .,........_,-,.-_-,-_...--"._.-.,...,..".".-";"".~".,,..,~.-.'".,., aOOK 104 r,\<;f 454 'j' , -', , '.' .' !, MAY 26, 1987 Item fSA BXPtoYBB SBRVICE AWARDS - PRESENTED Chairman Hasse presented Employee Service Awards to the following em~"~~' Cecelie Martin Paul Dant Planning Personnel 15 yrs. 5 yrs. Item f5B PROCLAMATION DESIGNATING THE WESK OF JUNE 1-7, 1987 AS "FLORIDA FIREFIGHTERS APPRECIATION WEEK" - ADOPTED commissioner Saunders moved, seconded by Chairman Hasse and carried unanimously, that the proclamation be adopted. , . !: ~ , r"; :.~ ¡ ¡~ r ; ~ ~ . '. 1 (,j {;: 1 fC:: ,; ... . " , , '. ' ~:~, ~ " (, , . "..r, .. ,j! Î. ~:' -;.' ~~. ¡.~ .~. : tJ~.~q C~lI ¡.,; " , ,;j.: I_;.{, ., ,,~~j';l'~':!:'-i\' ,'.11''1 ~';:.} C'J: ,:" "" .. ~.~ r'~ 1;" '. ,.~, "i; {!; ;)i ~: '; ! L \ .;: .~.., "!.q' 1,1,:: _ !-~: \. f !¡:'I~~ ill ,:,.1:;('; .it, pa9~. 3 .. - - .......;..-..""-".,;--..._""""'-;'".~".~.,...~,...-,_..-,;."'"". ~1~ ' \,~\ lOOK '\w.:~f~6 . , ,t .'~. ;~~f. ' '"'...",'" ,4,. oJ' ' t;~: ~ ~...Õ~ _, j,. ø~« \ ! "'_~:J,:~ ,I:~ ' It.!~:';'I5Bl " ". ,.J' "''', ,'ô, . ORDINANCB 87-40, PBTITION ZO-86-21C, AMENDING ORDINANCE 82-2 ,TO RECLASSIFY THE ESTATE DISTRICT - ADOPTED WITH CHANGES MAY 26, 1987 Legal notice having been published in the Naples Daily News on April 24, 1987 as evidenced by Affidavit of Publication filed with the, Clerk, public' hearing was openp.d to consider an ordinance amending Ordinance 82-2, the Comprehensive Zoning Regulations for the unincorporated area of Collier County by amending numerous sections to reclassify the Estates District. Chairman Hasse stated that this issue has become heated and gave his personal opinion on a compromise of the proposed changes. He said, that Golden Gate Estates is a rapidly growing area and probably should not be zoned "Agricultural", however, it is not the City of Naples either and cannot be expected to adhere to the strictest of zoning regulations. He then suggested that the following compromises be con-, sidered: A. THe "Estates" district should be reclassified and a new "Residential-Estates" (R-E) designation created. B; The change for "For Sale" and "For Rent" signs should remain from 40 sq. ft. to 4 sq. ft. 'C. Shelters should be allowed without restrictions. D. Addition of underlined words to the fOllowing proposed change: Commercial vehicles and commercial equipment would be required to be parked in enclosed structure or in rear of yard or screened from view from neighboring properties and the street. E. provision for "Overlay District" should not be changed from current ordinance. F. provision for "Temporary Use Perm~ts" for temporary sales should not be changed from current ordinance. Page 4 " - - ,..-"''''--''',.-----;"_...-."''''''''''''''''',,,^,.-, MAY 26, 1987 G. Addition of underlined words to the following proposed change: Abandoned vehicles (vehicles without a current license tag) would be required to be parked in enclosed structure in rear of yard or screened from view from neighborinq properties and the street. H. Addition of underlined words to the following proposed change: Although not specifically mentioned in the original request, according to the Petitioner, he intended to include the following: major recreational equipment such as boats and RV's would be required to be parked in enclosed structure or in rear of yard or screened from view from neighborinq properties and the street. Chairman Hasse also suggested that, in line with CCPC's suggestion on permitting pigs and hogs, the pe~mit be offered without charge. At the request of Chairman Hasse, Planning/Zoning Director McKim explained the "Overlay District" wi1ich allows for much stricter zonfng to be placed on smaller areas within the district. She stated that the Overlay must be petitioned by residents within an area and must be approved by a majority of the affected area during a general election. , She added that the only Overlay District in Collier County at this time is Marco Island. Mrs. McKim stated t~at the CCPC held their public hearing on May 7, 1987 and voted unanimously to forward this petition to the BCC with the following recommendations: A. Deny the proposed changes except as follows: 1. Abandoned vehicles (those without current license pla- tes) would have to be parked in an enclosed building. A tempcrary permit may be issued by the Planning/Zoning Director to permit the parking of an abandoned vehicle if that vehicle is being used ,for parts for a swamp <';:;bugg!')Or "!S.im.':í.5.e'!";·~t:"ea.tii 'Onf\:!. ;~:veha,'Ci>f.:='{)r. -¿if ,:å::t ,-:\Í.s part of a coI1ection óf antique cars. C:CPC 'directed Staff to, develop criteria by which a temporary permit may be issued. &OOK 104 t.q 457 Page 5 , "~' ~ :-: ':'" -. . '- ~:J " . :. ' ',¡.", ,',--' ':" , ,,'... -'."'1,'1.1,' 'I"',,~" 'v, ", "l4, "j¡;>, .,~,.' "," '~¡!(. " ,Z?''!.tu: :'þ~,.¡)~ ;:,;, ,,) tt:jA~\ '~"':.,,·;l'Þ:· " "')'/;4.( ,~ " """-"~'''"".''-'''''''';'''",,,,,,~,,,,,,~,,,;,-,",,..,,.,.,,..,..,.,..--"'"'"'----_...,, -...~"'"',.""""''"."'"...''''',"',';-,'_.".,-_.'''".,_..'''~'''''_.,...,,,'.,'...";.'."..,..-'..'",,,;;, 104 p"~r 458 !il'! ' , .1·', . .;.". MAY 26, 1987 2. The maximu~ size of "For Sale" and "For Rent" signs ,would be ~,sq. ft. , _...,... ,'... .,., ,,_'.__ ,_ 3. Hogs would be permitted if the fOllowing conditions are met: 1'.' NO mOI"e-.~hêur.;r> !'io9s' ;Jan, ~eJ¡J , 2. The hogs are kept in an enclosed shed with a concrete floor located 30 ft. from the property line and 100 ft. from existing residences on adja- cent properties. 3. The shed shall have automatic watering system and a functional drainfield. 4. Hogs and pigs may only be kept from October through, May. 5. Hogs and pigs may be kept for on-site consumption or pets or as a 4-H project. 6. No odor is generated which constitutes a nuisance to adjacent properties. Commissioner Pistor stated that the "Estates" District does not only affect Golden Gate Estates, but also affects other parts of the County. He said that with the demonstration of people at today's meeting, it is his feeling that they could get together and determine what is causing the problems and take care of them rather than change the zoning on the District. He said the present zoning describes what is allowed and what is not allowed. He stated that the appearance of a district is up to the people and the County should not have to spend a lot of money taking people to court to enforce something that will be a never ending battle. Tape 12 .' ~J¡ ',' . ì ;, ;' , ,Page 6 .. '. ",t, ..' .. """.....------,"'''-,- ,.-.", --'-"-',."..>",'''''''''"~--,~,--....,,..-^'''''_.... ,,~' ---_._-~ .--'"", """"",""-"""","I~I'''"''",""",""_"_",,,-,,-,,,,_.,,"".,,,<""",,,'"'''''~'''' c MAY 26, 1987 In answer to Chairman Hasse, Mrs. McKim listed the uses which are allowed today under the "Estates" zoning classification. She stated that the present Zoning Ordinance is not completely clear on the designation and definition of "Estates". She said in the intent sec- tion of the "Estates" District it is described as a rural residential area, however, under the section which categorizes the districts by general title it places "Estates" under an "Agricultural District". She pointed out there has been some conflict over this discrepancy, and because it is listed under agricultural, some of the rules for residential districts do not apply. Mrs. McKim then out'.ined all the proposed changes to the present ordinance. She stated the following correspondence has been received: : a petition containing approximately 625 signatures in opposition to thé proposed changes; a letter from Golden Gate Fire Control and Big Corkscrew Island Fire Ccntrol expressing a problem fighting fires especially with abandoned vehicles; and two letters from property owners in the Estates opposing the proposed changes. Mrs. McKim advised that these changes will necessitate the hiring of an additional investigator and clerical person for Zoning Enforcement. She also advised that the issue on hogs ~las not adver- tised and any desired action on this issue will need to be readvertised. Mrs. Carol Lamb submitted 88 letters from property owners and a ..petition :coo.t.aJ..ning approxlmately 1.535 signatures opposing the pro- posed changes to the ordinance. She advised that she has organized aoo ( 104 or,: 45.9 Page 7 ;. f \ j oj , , 'm....,""_,u"'""""'...."'. ~""....«"'"-...,-"."'-""',->""'..""..,"',_...,"'-"'"~"."_.-'"'......,------",............""",..,,,',,,.". ._;.--,-'".."",;"""..,_....""""""--'''''''''',"_.-.~..~ '-''''''''-'''''''''''',,,",,,",,,,,,,..,,,,, BOOK 104 r~t;r 460 MAY 26, 1987 the Golden Gate Estates Residents Association for the sole purpose of bringing the proposed changes to the resident's attention. She stated that the Association will be very active in the future on any issue wbic:h1; aMeats.· Goldet\-· Ca.te.. Es.ta-tes.. She. r,equeated that the Board deny, the proposed changes. Tape f3 The following people spoke against the proposed changes to the ordinance: Mr. Al Perkins, Mr. Ralph Hilkowski, Mr. William Greystone, Mr. David Regal, and Mr. Michael Schmitt. The speakers cited such reasons as Constitutional rights, trucks too big to hide, screening with vegetation will create a fire hazard, and the ,Commissioners should enforce the laws already on the books rather than: creating new laws. **.' RECESS AT 10:30 A.M. RECONVENED AT 10:40 A.M. *.* Tape '4 Following the recess, the speakers opposed to the proposed changes continued: Mr. George Keller, Mr. Everett Thayer, Mr. David Graham, Mr. James Barr, Mrs. Teve Williðms, Ms. Jane Dickerson, Ms. Marcy Wagner, Mr. Paul Plamondon, Ms. Lawana Zielinski, Ms. Eleanor VanWie, Mr. Roger Boreen, Mr. William Smith, Ms. Carol Sparkman, Mr. Jack McKinney, Mr. Leonard Wisniewski, and Mr. Herman Verrett. These speakers cited their reasons for requesting denial as: cost of imple- mentation to the property owners, restriction of constitutional rights, minority trying to force their opinions on the majority, the Page 8 .. .. - "'-.._.......,_..__....,_~c~.""'~.'...___,.,._,_""~;~_""""',.,"',',>;<'"",'^"~."""'" "ri',_...'""",_<'Ij"'_"",_..~~_y""",-".._".."~,,_;,~ MAY 26, 1987 need for parts from automo~iles that do not have tags, and enforcement of the existing zoning in the area. 'l'ape '5 The following Golden Gate Estates residents spoke in favor of the proposed changes to the zoning Ordinance: Mrs. Dorothy Johnson, Ms. Georgia Lee McKinney, Mr. Joseph Grimm, Mr. Dick Braun, Mrs. Linda Hittinger, and Mr. Helmut Hittinger. These speakers cited their reasons as: their constitutional rights, they did not build nice houses only to look at pig sties and junk, the need for laws, everyone owes something to their community, respect for ones neighbors, special; events do not belong in residential neighborhoods, property values~ changes will make enforcement easier, will remove the discrepancy in the existing ordinance, and the Commissioners are also to protect the taxpayers even if they could not be in attendance today. Tape .& Ms. Leslie Johnson, Agricultural Product Specialist for the State of Florida, Department of Agriculture, Division of Plant Industry, advised the Board there are currently 115 nurseries registered with the state of Florida, of which 25% of those are in Golden Gate Estates. She said the bulk of these nurseries are in residential agricultural rather than commercial. She explained that the State of Flo~ida classifies a nursery as anyone who grows plants and transports ,"i"><ecross ,liB ~bH;c "~_',::kll5tlE!,1iaKp:iæû.ne(i,;Üe1t':~iÍ;G',:~es'~ ,.rl.£..:u:our neighbor has a plant and brings a cutting for you across the street. Page 9 MOK 104 !,'\<:f 461 ',' '""""'''___''H'~''"'_''''__;'_'''_''''_''''''"''''-'__'_'__",,,,,,."_,-__,.,,,__ ·"~.,,,,";.,,,,__,,,,,..._,,,,,,,,,,,,.,,,,,,,,.,,ù..,,,,~.-.,,__, , . aOOK 104 P,\t;f 462 . , ¡':' MAY 26, 1987 She stated that the residents present are requesting residential zoning, however, the State of Florida already has many of them classified as agricultural. comm~~·Sa1:m~~~.6QoD4.~;.b~,,~Goo4D.i;C}bb\.,\, anð carrieð unanimously, that the public hearing be oloseð. Commissioner Goodnight stated that she appeared at the CCPC hearing to request that they consider ~llowing pigs or hogs on a per- mit basis to enable the children in 4-H Programs to raise them legally. She stated that the Board will have to decide which is more important: to allow the children to do something we know is illegal or live with some restrictlons. Commissioner Goodnight stated that she has never thought of the "Estates" District as agricultural, however, some uses are allowable. She stated that she is in favor of main- taining and enforcing the existing ordinance. Commissioner Saunders suggested that Mrs. Lamb meet with the oppo- sition and obtain volunteers to use some of their heavy equipment to remove the abandoned and junk vehicles in the area. He stated that other communities have such programs which work. He stated that on an annual or semi-annual basis, this program could alleviate a lot of the dissension being heard today. 'Commissioner Saunders suggested the following changes to the pro- posed ordinance: l. Abandoned vehicles must be parked in the rear of the house. (abandoned vehicle - meaning any vehicle without a current Florida tag) 2. Residents will have 6 months in which to comply with the abandoned vehicle regulation. Page lO .. .. - ~',"'",,,..,, ";,...."".."-",;.......,,,~"".'"~-,-,~.... ". '""..,-.."....,.."."";.,' .'.... -----.-....-..,',"'-"'"'' " ''"'"'C'';''O'~'''"__,_",.,,,,_,_.,,-,,,,-,,,,~,,.,,,,,,,, ..,'"'...".,,".-...'"M,"""'.,""""'_,"""......,,..'_._"._,..'. I· ~;".. '" .,...,.,,', ",'," :- <;:. 'J: :" ft'", t :#:t ~ - .-.... If.' ¡,..~. ~J MAY 26, 1987 3. 4. No change to the current regulation for commercial vehicles. "For Sale" and "For Rent" signs be limited to l6 sq. ft. 5. Staff directed to more rigorously enforce zoning laws. 6. In areas where 50% or more of the residents in a sub- neighborhood would like to change zoning requirements, those residents supply a petition containing 50% plus I signatures of that sub-neighborhood for consideration. 7. All other proposed changes to Zoning Ordinance 82-2 be denied. Commissioner Pistor stated that he would like the residents group to report back to the Board with the program they put together and maybe the Board could lend support by granting access to the landfill for the program. Commissioner Glass stated his feeling that the residents group' should be created by Resolution as an Advisory Board to establish some authority. He added that he would also like this committee to work on: the Golden Gate Master Plan. Commissioner Saunders clarified there should be two separate efforts: one for a cleanup annual event; and one for the establishment of an Advisory Board to study the Golden Gate Master Plan. commissioner Saunders moved, seoonded by commissioner Glass and carried unanimously, that the ordinance as numbered and titled below be adopted and entered into Ordinance Book No. 27. ORDINANCE NO. 87-40 '1\'N'oJQRDI«ANCE·"'AMENDWG·QDmANCE;¡~-2, ",~'THE'\~SIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY BY AMENDING SECTION 8.3l, SIGNS, aOOK 104 PAr.( 463' Page 11 ì ¡; , . " 1 ~ '_'V<""'."'-"~_"'"'*'<~'"''''_''''''___\__''''''''''''' aoo~ 104 PAr.£ 464 MAY 26, 1987 SUBSECTION d., PERMITS AND FEES AND EXEMPTIONS, PARAGRAPH 3) (g) TO SET THE MAXIMUM SQUARE FEET OF "FOR SALE" OR "FOR RENT" SIGNS TO SIXTEEN SQUARE FEET IN THE ESTATES DISTRICTS; AMENDING SECTION 8.8, PARKING AND STORAGE OF CERTAIN VEHICLES, TO SET STANDARDS FOR THE ESTATES. DISTRICTS: BY ,PROVIDING A DATE FOR INITIATION 01" ENi'OR~ OJ:.\' SEC.'D1ìOm,g¡.;.I;r:b:;o;';\, ~ND,'B:t':'P.RO\n.OONQ.·AI:*·" EFFECTIVE DATE. ... RECESS AT 12:15 P.M. RECONVENED AT 1:15 P.M. ... Tape ,17 ' Item f8 \, ¡ ORDINANCE 87-41, PETITION R-86-2~C, REQUESTING REZONE PROM RKP-6, C-4 AND PUD TO PUD KNOWN AS PAVILION LA~E - ADOPTED WITH STIPULATIONS Legal notice having been published in the Naples Daily News on April 3, 1987 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider petition R-86-24C filed by Coastal Engineering, requesting a rezone from RMF-6, C-4 and PUD to PUD known as Pavilion Lake. Planner Duane stated the proposed project is located directly north of the Pavilion Shopping Center. He said lands to the north, across 9lst Avenue, are single and two-family residences, an apartment building, and a restaurant; to the east across US-41, is undeveloped property; to the south is the Pavilion Shopping Center1 and to the west is a multi-family residential project known as the Beachwalk. Mr. Duane stated that the petitioner is requesting 10 dwelling units per acre. He said the CJmprehensive Plan allows for only 8 units per acre unless points are awarded for parks land donation. He stated that the petitioner is requesting that money in lieu of land be ~; , 'J I,!' i r 'Page 12 - - - "."..,..__.."_'",.";_,",,,....,,",,<o,,"',;'.',"..''''._"'',~....,'':'"'"'''''''''''''''"~''._''' ....._-,.:..,..'.."',"'''-'"'..~.. MAY 26, 19B7 accepted for the parks donation. He stated that this is allowable under the Comprehensive Plan. He added that, if permitted, the dona- tion required is $70.200 and will enable the project to develop up to 10 units per acre. Mr. Duane advised that the CCPC originally continued their hearing on this petition and directed the petitioner to meet with the Naples Park Area Association to work out their differences. He stated the petition was again heard on May 4, 1987 in which the two groups had, in fact, worked out their differences and a letter of agreement was sub- mitted by the Naples Park Area Association. He said that the CCPC's motion for approval received a 3/3 vote and, therefore, they have no recommendation on this petition. He noted that several members of the, CCPC expressed concern with the contribution in lieu of land dedica- tion option in the Comprehensive Plan and the proposed density of lO units per acre. Mr. Duane stated that the request is in compliance with the Comprehensive Plan. He noted that the petitioner has submitted revised PUD documents in accordance with the CCPC motion for approval. : Attorney George Varnadoe, representing the petitioner, stated the proposed project will consist of l56 dwelling units on l5.66 acres. He stated the project fits nicely within the Comprehensive Plan in which the intent was to have commercial nodes with higher residential '~,,"'lðens~t1' closes't W ,«:tte,eboppJ,ag ,ar.-eas .and J.oh'er.c.esldential density away from the shopping areas. He said this project provides a good &OOK 104 r~'.r 465 Page 13 ,~'> \ .;. ~ \ : j,. "';.,~"""""',..,-"""''''~,¥,'''''...._''''''........,"'''''"''''-,,,...,......"'';'>'''''---. lOOK 104 P,tr:r 466 MAY 26, 1987 transition from the commercial node to the lower density. Mr. Varnadoe noted that there is a reference in the PUD document to ACLF (agri-community living facilities) which needs to be deleted in accordance with the agreement with the Naples Park Area AS2S0C'ia:t:»On;.;~ Heo;, the ')1:' 3Ubmittlteæ-ëJ\,?et¡ik.)¡OOti':' ru ifa.voØ<·crlj,f't~~, ?l:aj.ec~", signed by the merchants in the Pavilion Shopping Center. Mr. Kris Dane, Coastal Engineering Consultants, Inc., stated that the agreement reached with the Naples Park Area Association is as follows: l. Developer agreed that he would build a fence with landscaping if he could do it within a 5 foot buffer; otherwise he may build a wall with landscaping within a 5 foot buffer. 2. The existing paved bike path will be replaced by a 5 foot paved path running east along the south side of 9lst Avenue within the right-of-way to US-4l and then proceed south along the eastern boundary of the project to the Pavilion Shopping , Center. The developer has offered to provide a bench or two where the path adjoins the cypress preserve and to provide a light on the path where it abuts his east property line. 3. The outfall structure controlling discharge from the combined Pavilion Lake/Pavilion Shops water management system will be modified and some improvements will be made to the lake. 4. The developer h~s agreed that all debris will be hauled off the property rather than burned during clearing. S The developer will eliminate the proposed entrance on 9lst Avenue and provide a crash gate instead. Mr. Dane stated that the service level at the intersection of US-41 and Vanderbilt Beach Road is currently operating below Level "C" and this affects the point rating system for this project. He stated the developer has agreed to improve the intersection to Service Level P t.;~~ I :1' " Page l4 .. - - I' .!t,.',.,'..',"~. .', ~í:? , .,,:{ .,' ~,f:--':, i~' '~., %. L ~*r MAY 26, 1987 "C" by adding another left-turn lane on northbound US-4l anô'à second westbound lane as far as the shopping center on vanderbilt Beach Drive. " ' Iri ~nswer to Chairman Hasse, Mr. Öane stèted that at present there is no problem with water pressure or availability in this area. He stated the developer understands that he must show the availability of water before Certificates of Occupancy are issued. Mrs. Lorene Wood, Naples Park Area Association, confirmed their agreement with the developer of Pavilion Lake. She also outlined a brief history of their meetings with the developer. Mr. Anthony Maiale, Naples Park Area Association, stated there is : still some concern in reference to the drainage. He also noted Naples: Park water pressure, as a whole, is below what the County would like it to be. He said he does not believe they have 40 lbs. of pressure. Tape f8 Mr. Varnadoe stated that the developer considers the agreement with the Naples Park Area Association as conditions of approval. In answer to Commissioner Glass, Mr. Gerald Griffin, Petitioner, acknowledged for the record that the letter contains his signature. planner Duane stated, for clarification, that everyone agrees that the 6 ft. fence will be measured from the crown of the road. Mr. Varnadoe stated that along 9lst Avenue and on the South end of the property, the petitioner will be using a chain link type fence to .::'I",',.1Cfoðci\tuœte 1tiæ··i.~nð~e.þe ,'bulflf&, . &901< l04~~467 Page l5 ".--..",--.;-...-', """"-'"'~"""'""-"'".'---''.''".._---,"._''''' _,__.__,,~.," ~,,,,.__.__,,.,,_,,,";,_''i',,,,,,,,,,,,¡,,,,___,,",,,,,,,,~;,,,,,u,",,,.-.,,,,,",,',,'''''''''''''''''""""",,,.-,,,,,,, ",","", 'OOK 104 W·í 468 MAY 26, 1987 In answer to Chairman Hasse, public Works Administrator Archibald stated there are some improvements which could be made to the right turn situation from Vanderbilt Beach Drive onto US-4l, however, that is not' what' caused the dr'Op' fry. t;he ser-rice"1:eve'l of" tf'le intersect'ron'. ' ~ He stated that to his knowledge this particular lane has not been discussed, however, it could be accomplished at a small cost. Chairman Hasse asked Mr. Varnadoe if the petitioner would be willing to contribute to the cost of improving the right-turn lane onto US-41? Mr. Varnadoe stated that it is his feeling that the peti- tioner is being asked to contribute more than the impact of the project. In answer to Chairman Hasse, Utilities Administrator Crandall stated that the project will not receive Certificates of Occupancy until the Utilities Department is satisfied that there is adequate water pressure for potable as well as fire department purposes. Mr. Varnadoe stated that ever his advise, the petitioner has stated he will pay one-half the cost of upgrading the right-turn lane from Vanderbilt Beach Dr;ve onto US-4l. Commissioner Glass moved, seconded by Commissioner Saunders and carried unanimously, that that the public hearing be closed. Commissioner Glass moved, seconded by commissioner Saunders and carried unanimously, that the ordinance as numbered and titled below be adopted and entered into ordinance Book No. 27, subject to Staff stipulations including restrictions for water on Certificates of , Pacie 16 ~ .. - - ,~~«, ....''''',_..___."''''.......o'''___',',''''''''.",~'''.''','''',',',..___,..~.,,.._"'_'"-''-,,'''''', "',',,,"'~"..",.",_,..,,,',,"'~,-," ^'''-''',''-, ,',,'"'~" .." . . KAY 26, 1987 Oooupanoy, the ACLF reterenoe be døleted trom the PUD dooument, the fenoe be measured trom the crown of the road, the developer pay one- halt the cost ot improvinq the riqht-turn lane from Vanderbilt Beach Drive onto US-41, and all aqreements with the Naples Park Area Association: ORDINANCE NO. 87-41 AN ORDINANCE AMENDING ORDINANCE 82-2 THE COM- PREHENSIVE ZONING REGULATIONS FOR THE UNINCOR- PORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE ZONING ATLAS MAP NUMBER 48-25-8 BY CHANGING THE ZONING CLASSIFICATION Of THE HEREIN DESCRIBED REAL PROPERTY FROM RMF-6, C-4 AND PUD TO "PUD" PLANt]ED UNIT DEVELOPMENT KNOWN AS PAVILION LAKE FOR A MAXIMUM OF 156 MULTI- FAMILY DWELLING UNITS FOR PROPERTY LOCATED ON THE WEST SIDE OF US-41, DIRECTLY NORTH OF THE PAVILION SHOPPING CENTER IN SECTION 33, TOWNSHIP 48 SOUTH, RANGE 25 EAST, l5.67 ACRES; AND 'PROVIDING AN EFFECTIVE DATE. Item f6B6 PETITION ZO-87-4C, AN ORDINANCE AMENDING SECTION 8.46 OF THE COMPREHENSIVE ZONING REGULATIONS FOR PRIVATE BOAT HOUSES AND DOCKS - CONTINUED AND RESOLUTION 87-115 LIMITING ALL BOAT DOCK APPLICATIONS FILED ON OR AFTER APRIL 19, 1987 - ADOPTED Legal notice having been published in the Naples Daily News on April 24, 1987 8S evidenced by Affidavit of publication filed with the Clerk, public hearing was opened to consider an amendment to Section 8.46 of the Comprehensive Zoning Regulations for private boat houses and docks. J. 'P~nner ~eeks sta~ed the proposed amendment will limit, boat houses, docks, and mooringpTlïngsto a protrusion O'f''S''ft''1,:î::1-early &00': 104~'<T4B,9 Page 17 . ~ : i ~ , ' ,~ .~r~]t};~. :1. v---"....._._......._,.."""".'''"',''.''''.',,"'',....','-''''''', BOOK 104 PA~r 470 ,;!: ;\: f-1AY26,l987 state the public notice requirements; and will add environmental cri- teria by which review is governed. Mr. Weeks stated that Staff sup- ports this amendment, however, there are properties which may be negatively impacted. He stated 'that' in some areas there may "not' b'e adequate water depth at 5 feet. He said the amendment provides that affected properties would be required to either get an extension per- mit or obtain permission to dredge. Mr. Weeks also stated that this restriction doesn't appear to serve any useful purpose for bodies of water that are very wide. He suggested that the ordinance could be worded to provide a 5 foot protrusion for waterways up to 100 feet wide and a 20 foot protrusion for waterways over lOO feet wide. Mr. Weeks then displayed a sketch illustrating the problems experienced with 20 foot docks in a lOO foot wide canal. Mr. Weeks stated there were 8 boat dock extension petitions in 1986 and 68 actual permits issue~. He noted there have been 49 per- mits granted thus far in 1987. Mr. Weeks advised that although the CCPC was under a timeframe constraint when this petition was heard, they recommended approval with three changes to the proposed amendment: two verbiage changes and the deletion of the environmental criteria. He stated that three people spoke in favor of the proposed changes and two spoke against the petition at the CCPC hearing. He noted that one letter has been received from Miles Scofield suggesting ð prorated dock system. i..' Page 18 .. - - __<t/I.._,_..,,,,,-~ .,o>.,_,_____"__...,,..",,'.__,,,._."~"._"'._....~..___,,~_i.""_~.,,',,'~_~"..._.__,' -""-,.,"_~....~,~_.~"",--",, ,,,<-, MAY 26, 1987 Commissioner Saunders ",tated that it is his feeling that-.the Board is being asked to make an arbitrary decision. Chairman Hasse stated that he is disappointed that the CCPC did not have sufficient time to hear this petition. Commissioner pistor stated that this matter has been under investigation for approximately one year and the County continues to have problems, which are getting worse. He stated that Mr. scofield has made some good suggestions on prorating the width of the'docks. Tap. f9 Mr. Barrett White and Mr. Bill Walters stated that they are in favor of the amendment and Mr. Walters pointed out there are a lot of people building "cradle type houses" which are very big and block the view of the waterway from the adjacent property owners. He stated that this practice must be limited to preserve everyone's rights. Mr. Bob Sorrenson stated that he is in favor of having staff come up with another recommendation. Commissioner Saunders suggested that while Staff is studying a mechanism to gauge the width for docks based on the width of the canals, no building permits should be issued for docks over 5 feet. County Attorney Cuyler advised that if the Board chooses to impose this restriction, it will have to be done by resolution to protect the health, safety and welfare of the public. Mr. Don Cericci advised that he has several boat dock permits ""<þen'6¥n9\4f<)r,'-'C~eœ. ':','(te..~œd ~'tAt.hii'S'iìW.a:~l 'l;Ireg!l tÅ'V,e¡ly.ámpact &OOK 104~<"1471 Page 19 Ç0::, lfH' .¡ I . \ ,'\ ", ,..,~,~_,~"."....-,.-"'-c...-___·_-'~'''· .~,--¢----_.....""-_.,",..-"",~,-~,".-.-..-,,~,..,, " 'O\)~ 104 ""q ~ 12, MAY 26, 1987 those people because they are having boats delivered and will have no place to put them. :: . , , I ,I ~ County Attorney Cuyler advised the Board that this restriction may be" P':lfaceàt>otw-:~~&l;I~c-aA:.ioasr" ~,.thA"ç.iqhtk"to.,...or.k.., , has.. nat.., been granted. He stated that at the present time it is only an appli- cation and nothing more. He also stated that most people are aware of, the situation since this item has been advertised and if they adopted the Ordinance as it stands the applications would be limited to 5 ft. Commissioner Saunders stated that he believes it would be fair to use the date of public advertisement for the CCPC hearing, and asked Contractor's Licensing Supervisor Clark if there are any applications pending which were received before April 19, 1987? Mr. Clark stated there could be several. Mr. Thomas Kalbfus and Mr. Ira Evans spoke in favor of the pro- posed amendment and requested the Board to adopt the Ordinance today. Mr. Marvin Needles and Mr. Maurice Metcalf spoke against the proposed changes citing the rights of boat owners. Mr. Needles sub- mitted a petition containing approximately 400 signatures in opposi- .tion of the proposed amendment. Tape'flO commissioner Saunders moved. seoonded by commissioner Glass and oarried unanimously, that petition ZO-87-4C amending Section 8.46 of the comprehensive zoning Regulations on boat houses be continued to allow staff to determine a mechanism to gauge width of boat dooks ~ag. 20 .. - - ~--",--,-,,"---''''''--'' --_..._.....,"","~'..."',,.,,'-"""'.,'~.""''''''',"~.''.~'''"~"'~--,." -",., ",.","'"',"".__..,__.."'wv ~------- .,,-~< t· j' ., MAY 26~ 1987, based, on width of canal and to allow the CCPC to review that mecha- nism. Commissioner saunders moved, seconded by commissioner Glass and carried unanimously, that the county Attorney prepare a resolution limiting all boat dock applications filed on or after April 19, 1987 to 5 feet of protrusion into any waterway, and the Chairman be autborized to sign the Resolution. , , ,", .. , '," t, " , ,; , ' Page 21 &OOK 104 ,,~<:t 473 ¡':':/' II"; " ,J , ¡ , '. .,' '~ -----~~.....~.......',..,'_._---""""".,,~'~"'"'''" '"..-,'"..',""_....,""''''-''',--''.....'"''','''"~....'''''. .' , \ 104,,,,.,r 4.76 *** RlCISS AT 2:50 MAY 26, 1987 RBCONVINED AT 3:00 P.K. *** Item '6C1 ORDINANCE 87-42 TO CORRECT SCRIVENER'S ERROR IN THE LEGAL DESCRIPTION OJ' ORDINANCE 86-58 WHICH ESTABLISHED A PUD KNOWN AS "THE STILES CORPORATION" - ADOPTED Legã},', w:t'ice:' ~aV'j, :19" ::>ee.,.. pu b' :}j::dleð' jj n~ t\ie' ~ëSpo1'e9"'Da/f ?i~; News'" 0 n April 24, 1987 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider an ordinance amending Ordinance 86-58 to correct a scrivener's error. commissioner Saunders moved, seconded by Commissioner Goodnight and carried unanimously, that the PUblic be closed. Commissicner saunders moved, seconded by commissioner pistor and carried unanimously, tha~ the ordinance as numbered and titled below be adopted and entered into Ordinance Book No. 27. ORDINANCE NO. 87-42 AN ORDINANCE AMENDING SECTION ONE OF ORDINANCE 86-58 WHICH AMENDED ORDINANCE 82-2 THE COMPRE- HENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 48-26-9 BY CORRECTING THE LEGAL DESCRIPTION OF THE HEREIN DESCRIBED PROPERTY FOR A PLANNED UNIT DEVELOPMENT KNOWN AS THE STILES CORPORATION LOCATED ON THE SOUTH SIDE OF IMMOKALEE ROAD, APPROXIMATELY 1/4 MILE WEST OF 1-75, IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, AND BY PROVIDING FOR AN EFFECTIVE DATE. Item f6C2 RESOLUTION 87-116 AMENDING THE COASTAL COLLIER COUNTY 201 FACILITIES PLAN UPDATE - ADOPTED Legal notice having been published in the Naples Daily News on April...10 and May 18, 1987 as evidenced by Affidavit of Publication " , , " .' ..' . . ' Page 22 :.'.1 ¡ ~;; \ :'r;,.(.-l~:,;) r;' ~,) : ;(::} : :)f"j 1~~; ~ ';~:;.. ~'~'_! -ìf r~:-. T, ;' tj' ~~ ('~ :":~r\. rw~~<)~:(.q or. t,:;::.. ~~. "1" ¡\,~,~ " I.; '~:)\~'_'.')r..(. ¡,j :,,¡:n .. - .. . - .-..--,----,.....----.---- ~..'..,.~_M,~~..".W,_...'...,..,"," -, .~, MAY 26, 1987 filed with the Clerk, public hearing was opened to consider a resolu- tion amending the Coastal Collier County 20l Facilities Plan Update. Assistant Utilities Administrator Arnold stated that in addition to the legal notices, the Naples Daily News published an ðrticle recently which also addressed this agenda item further, assuring that the public was advised of the Board action being considered today. Mr. Arnold stated that on May 26, 1986 the Board adopted Resolution 86-99 approving the Coastal Collier County 201 Facilities Plan Update after duly advertising the public hearing. He said the 201 Facilities Document outlines the County's plan for their Regional Wastewater Treatment Facilities throughout the water/Sewer District. He stated that the purpose of the document was to qualify Collier County for federal financial assistance under the EPA Construction Grants Program, which is administered at the State level by DER. , He stated that Collier County has actively been pursuing grant monies under that program throughout the last year. Mr. Arnold stated that any major changes proposed to the 20l plan are subject to public input and confirming action by the governing local Board. He said Collier County is now seeking funds for the South Service Area of the County and the South County Regional Wastewater Facilities. Mr. Arnold stated that the amendment today is to identify the final site for the South County Regional Wastewater Plant. He advised that the site chosen is the existing Lely '."'SUb~ioTÍa1 ''We9~W8~~r''''''T~tment' "'Fec-i::J. 'i.i.~y . Page 23 &OOK 104 r,r.¡ 4 TI "iM~,~ ,', "¡~~J?t\!¡. , "':h,"'i"~,'" ';..~~:1'~~' '( '.t~:, ' · t;:~..>~ ^.___~..____,_......, '"""~_'''''''''''"''_''''''''''~'''-''''M'''''_'''''''''''''''''~'-'~'''''''''';'-"'"",,,,-, , " , , ...-~"'~_._'-'- !OOK 104 W.[ 478 , , , ' MAY 26, 1987 Mr. Bob Stolz, of Consoer Townsend & Associates, displayed sketches showing each treatment unit of the proposed plant. He then described each treatment unit's function explaining how odor and noise are over- come-~, He>, also.. poi·nt-edJ. to,- art a~ea',...nic~ ....i-1Œ CO:1ba%n\Õ".',6""hi'9h'~ ' " landscape berm on the north side of the property. He stated there will also be a fence with vines to shi~ld the plant from public view. 'Mr. Charles Brown, Director of Southeast Architecture for Consoer Townsend, displayed more sketches displaying the general architecture of the buildings. He stated that the operations building is designed in traditional Floridian ðrchitecture with a mission tile roof, concrete walls, and wing walls. He also noted that the bUildings will be completely accessible to the handicapped. He then gave a detailed description of each building and its contents. Commissioner Goodnight moved, seconded by Commissioner Saunders and carried unanimously, that the publio hearing be closed. Mr. Arnold read the resolution in its entirety into the record. Commissioner Goodnight moved, seconded by Commissioner Pistor and oarried unanimously, that Resolution 87-116 amending the Coastal Collier County 201 Facilities Plan Update be adopted. , ' ' , , " Page 24 .. - ..,~-'-'''---'_.~''-----~.....'''''',.-,;'"'''''''-'".,'"' aOOK 104 ""q 480 f r Item '6C3 MAY 26, 1987 ORDINANCE 87-43 AMENDING ORDINANCE NO. 84-44, THE COUNTY MANAGER ORDINANCE - ADOPTED Legal notice having been published in the Naples Daily News on May 6, 1987 8S evidenced by Affidavit of PUblication filed with the Clerk, public hearing was opened to consider an ordinance amending Ordinance 84-44, commonly referred to as the County Manager Ordinance. County_ Attorney...;.CuYler..s.ta.ted. that. on., Apr,U", 21.....,.l.9.8.7,,, the. Boa.r.d. adopted Resolution No. 87-93 which expressed intent to amend Ordinance 84-44. He stated this amendment accomplishes the fOllowing: 1) the County Manager may be disciplined or dismissed with or without cause by a 3/5 vote of the BOdrd; 2) prior to discipline or dismissal a Resolution of Intent to Dismiss must be placed on a published agenda and considered at a regular meeting; 3) provides for a "cooling off" period of 45 to 60 days. Mr. Cuyler stated that the repeal procedures' will not change. In answer to Commissioner Saunders request to shorten the "Cooling off" period, Commissioner Goodnight stated that she would not 'consider a shorter periOd of time. CQmmissioner Saunders moved, seconded by Commissioner Glass and carried unanimously, that the public hearing be closed. Commissioner Saunders moved, seconded by Commissioner Goodnight and carried 4/1 (Commissioner Plator opposing), that the ordinance as numbered and titled below be adopted and entered into Ordinance Book No. 27: Page 2S .-- - - MAY 26, 1987 ORDINANCE NO. 87-43 AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 84-44 WHICH SETS FORTH THE RESPONS:BILITIES OF THE BOARD OF COUNTY COMMISSIONERS AND THE COUNTY MANAGER FOR ADMINISTERING THE LAWFUL DUTIES OF THE BOARD OF COUNTY COMMISSIONERS: AMENDING SECTION THREE (l) TO PROVIDE THAT THE COUNTY MANAGER SHALL SERVE AT THE WILL OF THE BOARD; AMENDING SECTION THREE (2) TO PROVIDE THAT THE COUNTY MANAGER MAY BE DISCIPLINED OR DISMISSED, WITH OR WITHOUT CAUSE, BY AN AFFIRMATIVE VOTE OF 3/5 OF THE ENTIRE MEMBERSHIP OF THE BOARD; ADDING SECTION THREE (2)(B) TO PROVIDE THAT THE BOARD MAY ADOPT A RESOLUTION IMPOSING DISCIPLINARY ACTION OR DISMISSAL, WITH OR WITHOUT CAUSE, NOT LESS THAN FORTY-FIVE (45) NOR MORE THAN SIXTY (60) DAYS AFTER ADOPTION OF A RESOLUTION OF INTENT TO IMPOSE DISMISSAL OR DISCIPLINARY ACTION; ADDING SECTION THREE (2) (C) TO PROVIDE FOR OPERATION OF RESOLUTIONS; DELETING (SECTION THREE (2)(B» ANY REQUIREMENT THAT A RESOLUTION OF INTENT TO IMPOSE DISMISSAL OR DISCIPLINARY ACTION SPECIFY ACTS OR OMISSIONS FOR WHICH DISCIPLINARY ACTION OR DISMISSAL IS SOUGHT; DELETING (SECTION THREE (2)(C)(D) AND (E» THE COUNTY MANAGER'S RIGHT TO REQUEST A HEARING AND THE REQUIREMENTS APPLICABLE TO SUCH HEARING OR TO RESOLUTIONS IMPOSED PURSUANT TO SUCH HEARINGS; DELETING SECTION THREE (3): IN ITS ENTIRETY TO DELETE ALL REQUIREMENTS THAT A DISMISSAL WITHOUT CAUSE BE ADOPTED BY AN AFFIRMATIVE VOTE OF 4/5 OF THE ENTIRE MEMBERSHIP OF THE BOARD AND TO DELETE ALL PROCEDURES APPLICABLE THERETO; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE. Item 7A1 )j .! RESOLUTION 87-117, PETITION CCCL-87-3, LELY DEVELOPMENT CORPORATION, REQUESTING A VARIANCE PROM THE COASTAL CONSTRUCTION CONTROL LINE FOR A BOARDWALK TO CROSS DUNES - ADOPTED Legal notice having been published in the Naples Daily News on May 10, 1987 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider a variance from the Coastal Construction Control Line for Lely Development Corporation. ~PJðnner ßucch,~tated that this request is necessitated by a change in design to the previously approved dune walkovers proposed for &OOK 104 ~,r 481 Page 26 ~I.;;~ ¡IN" , ~ , þ \ ~; . "J ' ",' "">'~"'--- .....""--...--"""""~,,,...-.,........_,.-,",~"-, ','"",.'0,·"_·""_,....·"....""".._,.'""1,""",",.;....."""'",..,,,,.,.""",,", aOOK 104 f¡\1;f 482 MAY 26, 1987 construction in the Lely Barefoot Beach Development. He stated that the revised plans will have less impact than the originally approved plans. He stated that Staff recommends approval with all original stipulations and an additional stipulation that reconstruction and rest:or~.i:orb·of " the- dunet- spec1:es"~ SM.£D:,!JeII, c.ar;:,1:tiedt',.outJi'~l-~ r;è.ly), Development Corporation and be subject to the approval of the NRMD. Commissioner Pistor moved, seconded by Commissioner Goodnight and carried unanimously, that the pUblic hearing be closed. Commissioner Pistor moved, seconded by Commissioner Goodnight and carried unanimously, th~t Resolution 87-117, Petition CCCL-87-3, Lely Development Corporation, requesting a variance ~rom the Coastal Construction Control Line ~or a boardwalk to, cross dunes be adopted subject to sta~~ stipulations. Page 27 - .. .. '-"".."'....".,.~'..';',----.--.."........ __d~_,.._;""'"';",,,.~,,.;,.........,""'_._____.,,..._ MAY 26, 1987 Tape #11 Item f7A2 RESOLUTION 87-118, PETITION V-87-6, AN'!Inr.{ .; P. PIRES, JR. REPRESENTING NODAK MANAGEMENT COMPANY, INC., REQUESTING A SETBACK VARIANCE FOR PROPERT~AT AIRPORT RD. & OUTRIGGER LANE _ ADOPTED SUBJECT TO STIPULATIONS Legal notice having been published in the Naples Daily News on May lO, 1987 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was open~d to consider a 50 foot variance from the required setback for commercially zoned property of 50 feet to 0 feet. Planner Weeks stated that the subject property is located on the west side of Airport roañ, north of the River Reach PUD. He stated that the objective is to build a convenience store with gas pumps. He. advised that lands to the north, across Clipper Way are zoned C-3; to the east, across Airport Road, are zoned C-5; to the south, across Outrigger Lane, are zoned PUD (River Reach); and to the west are zoned RSF-4. Mr. Weeks stated that because the parcel fronts on three streets it is considered to have three front yards, one side yard and no rear yard. He said the site abuts residentially zoned property to the west, and therefore, all structures must meet a fifty (50) foot set- ' back requirement from the west property line. He advised that the Zoning Regulation requirements for a convenience store are: «1.. '1,j;f\:1;5'O i£ocV':'fu:xmt :'Betback 2. A 40 foot side s~tback 3. All buildings, signs, pump island, etc. must have a 25 foot setback from residentially zoned property. aOOK 104 F~':¡ 485 Page 28 ··,..,'-'·'""·'·'"----__,..."""""0'"",,.."_=..,"",....._._,____ -'"'-_...,.--.._.._"""',...._-~--_._""'"'..._"~~ aOOK 104 rA~! 486 MAY 26, 1987 Mr. Weeks stated that all other uses in the C-3 District have a l5. foot front setback, in which no parking is allowed, and the same 50 foot setback from residential property. He advised that the peti- tionee is requesting variances from all three,of the requicements to allow for a convenience store with a 0' setback from the west property line. He also stated that the 0' setback does not allow for the man- datory buffer between commercial and residential property and there are also some problems with access. He stated that changing the size or shape of the structure is not likely to eliminate the need for a variance. Mr. Weeks advised that Staff finds there is no land-related hardship and that the subject property is not an appropriate site for the pro- posed use. He s~id the C-3 District affords numerous other uses for the subject site, since the other uses do not have the stringent set- back requirements of this proposed use. He said Staff recommends denial. In answer to Chairman Hasse, Hr. Weeks stated that the existing buildings in this zoning area have some rear yard setbacks, but they are very small. He said those properties received variances. Attorney Anthony Pires, representing the petitioner, stated that the petitioner also owns two vacant parcels of property to the west and two parcels to the east of the subject property, so the property line really disappears. He contended that by denYing this request the petitioner would be deprived the same Uses that are similar to the Page 29 - .. .. ...,'.."...~~".,""'-.".--'"...,_...""""'~--.......... '''<''''~''''''''''''''~'''''>''-,",_",..,,,,,,-,,,,,,---,,,,~- ,." "~""""-'''''''''~"'''''';'""·,,,..,,,,,,,,,,,,;_,,,,,,,,,.,,,,,,,M_',.,^,_ MAY 26, 1987 areð. In answer to Chairman Hasse, Mr. Pires stated that the petitioner has met with representatives of Coconut River and have agreed not to place any access onto Clipper Way. He stated that if the southern access point was eliminated it would require access on Clipper Way and the petitioner feels this would be detrimental to the residents of the 'area. Mr. Pires stated that the petitioner has agreed to file documents to guarantee that the parcel of property on the south will remain vacant and the eastern 50 feet of the northern parcel will either remain vacant or be used exclusively for water management purposes or buffering. He said the petitioner has also agreed that delivery hours by vehicles will be no earlier than 7:00 a.m. or later than 11:00 p.m. Mr. Rex Horton, COconut River Homeowners Association, stated ,that the spirit of the law will be observed if the petitioner does what he has proposed. He stated that the Association has not discussed the issue of having another ingress and egress point on their road, however, they do feel it would help the situation if a traffic light could be installed at the intersection of Longboat Drive and Airport Road, which should remain green while Merchantile Road is red. Mr. Pires again assured everyone that the petitioner would supply documents for recording to guarantee the adjacent lands remain vacant. Tape # 12 "¡-.i.fl '/lI8n5Wec "~;'f-t;omm.i1SS-i lOner i·"JPis'\:..o r , ;:1Pub2:ii.c ".W~k5,Wdminä-'S1::~,ato r Page 30 aOOK 104 f'.\<,r 487 ~ .; '~'~,.."._~...._""'''-~''''''....._,,'---,''-_...._"...,''- aOOK 104 f'1,:r 488 MAY 26, 19B7 Archibald stated that the current plan for six-laning Airport Road does not conform to the driveway plan. He said the driveway location would have to go further to the east. He added that he is concerned about a system tying into a private lane. He said one alternative wou1ål be<- to" re.lOC'ërter' oneo of"~ ~he"'roadS",,;:o. :nSKeoÌ't!I ::'1n&\ rrp-~ :n"'answe1"" to Mr. Pires, Mr. Archibald stated that as a private drive, they will be permitted to make right-turn southbound movements only. He added that a U-turn could be made or possibly it could be constructed to allow a left turn, however, once Airport Road is six-laned, the left turn would have to be rp.moved. Commissioner Saunders stated that the access is a concern to him and Mr. Pires stated the petitioner will stipulate to abide by the requirements of the Engineering Department. In answer to Commissioner Saunders, Mr. Weeks stated that the Planning Staff does not feel the petition is acceptable. He said there are concerns over setting a precedent and Staff does not feel the use is appropriate for the piece of property. Commissioner Saunders moved, seconded by Commissioner Pistor and carried 4/0 (Commissioner Goodnight absent), that the public hearing be closed. Commissioner Pistor moved to deny Petition V-87-6. The motion died ~or lack of a second. Commissioner Saunders moved, seconded by Commissioner Glass and carried 3/1 (Commissioner Pistor opposed and Commissioner Goodnight " í; Page 31 .. .. """"".","""-""''''--''_-~'''''''''''''''''_'''_''''-''''"'"'>''"'''''''-,",~",.";,,,,,,,, KAY 26, 1987 absent), that Resolution 87-118, Petition V-87-6, Anthony P. Pires, representing Nodak Company, Ino., requesting a 50 foot varianoe from th. required side yard setback for oommerically zoned property abutting residentially zoned property be adopted with the following stipulations: 1. Appropriate arrangements be made with PUblio Works Administrator Archibald for no left hand turn onto Airport Road. 2. The residential lot to the south and the easterly 50' of the northern residential lot shall remain Vacant. 3. Proper dooumentation insuring the vacancy of the adjaoent property must be provided to the County Attorney tor appro- val. County Attorney Cuyler advised the Board that if the stipulations on the vacancy of the property are violated, the Board of County Commissioners will be responsible for enforcement. **** IDIE: RESOUmoo ro. 87-118 re PEl'ITION V-87-6, NJT RECEIVED IN CLERK 10 BOARD OFTICE AS OF JUNE 8, 1987. **** I,; .' &OOK 104 r.\<:I 48.9 Page 32 :,1 ' 'J' \\\'[ , \ . , '¡r \ ~ ¡"l) .'"'-.-"""""---.--''' .. ..~ --"....",-~"~,-"",",,"'"~-''',,...,, ';' ;~(); BOOK 104 PAr,r 490 MAY 26, 1987 Item '7B1 RESOLUTION 87-119, PETIT~ON PU-87-31C~ DR. NENO SPAGNA, REPRESENTING THE FIRST BAPTIST CHURCH OF GOLDEN GATE, REQUESTING PROVISIONAL USE "a" OFTRB E~ESTATES ZONING DISTRICT FOR A CHURCH - ADOPTED SUBJECT TO S1'J:.t'OLA'I!XONa' Planner Weeks stated that the subject property is located on the east side of 39th Street S. W. and almost due east of Golden Gate City. He said that all surrounding properties are currently undeve- loped and zoned E-Estates. Mr. Weeks advised that the northern half of the subject property was granted a provisional use for a church in 1981 and there is currertly a church on that site. He said this request is to include additional property to allow for new construction/expansion of the church facilities. Mr. Weeks stated the petition is in compliance with the Comprehensive Plan and Staff has no objections to approval subject to stipulations. He advised that there were no speakers on this petition at the CCPC hearing and Staff has received no correspondence. Dr. Neno Spagna, representing the petitioner, advised that a larger sanctuary is needed and the existing church will be used for classrocm activity. He stated that the petitioner is willing to ' comply with all stipulations. commissioner Glass moveð, seconðeð by Commissioner Saunðers and carried unanimously, that Resolution 87-119, Petition PU-86-31C, Dr. Neno Spagna, representing the First Baptist Church ot Golden Gate, requesting p.r.ovisional use "a" ot the E-Estates Zoning District tor a church be aðopted subject to statt stipulations. Page 33 , , - - '""-"''''''''''-'''''''"'''""'''''''-'''~'~'-"''''''''-'''------''''"""","," ....."" "";"""_""'."""~._v""''''' lOOK 104 FAr.r 498 ! I, ~ ',' ! J II '. MAY 26, 1987 Item '8B INTEREST ON ASSESSMENT NOTICES FOR LOUIS TOPPE - INTEREST ABATED Finance Director Yonkosky advised that the Clerk's Staff has reviewed this matter and recommends that the Board abate the interest charged to Mr. Toppe. Commissioner Saunders moved, seoonded by Commiss~oner Glass and carr.i:'edA>; ~7',..,.. tha. ~ t.h.,intereab. 'chaJ:tj.4.~,~Q , K.J:\., "Lo~'t'J!op~ on..;" ' 'P\' the Lake Park pavinq notices tor Parcels 89 and 115 be abated. Item UB1 AGREEMENT WITH LONE OAK LTD. FOR CONSTRUCTION OF A BOX CULVERT CANAL CROSSING AND ROADWAY ACCESS IMPROVEMENTS - APPROVED AND CHAIRMAN AUTHORIZED TO SIGN Commissioner Pistor moved, seconded by Commissioner Goodnight and oarried unanimously, that the Aqreement with Lone Oak Ltd. for construotion ot box oulvert canal crossinq and roadway access improve- ments be approved and the Chaf~an be authorized to siqn. : ,'" . f':' t.: : ' ~ ! . ~ ¡ ; ; ; ~ i' -:. }" ::. " " , ,¡ ~ J ,; r J .;! ,~. . c ~ ';-Y.'I; Page 34 .. ~ ", '. ...'......,: .. ':/.\ ~;'(i I J(:;8~: .. - - ~""""'''''''M,"_~__",~,,-,;&_m',"'.-....._,,,,---.,_,,,, (.'0 'iJ',Jp· MAY 26, 1987 b'I',,)-:'~ '!."r' ',:' { Item f9Cl EXTENSION OF INTERIM CONCESSION AGREEMENT FOR CLAM PASS PARK TO JUNE 30, 1987 - APPROVED AND CHAIRMAN AUTHORIZED TO SIGN ': ; 'I ~ ~ 1 ;' ~ Commissioner Saunders stated that he requested this item be moved off the Consent Agenda because it seems that the County has received only one long-term proposal and he would like Mr. O'Donnell to present: an update on this item. Public Services Administrator O'Donnell advised that at the pre- sent time the County has received only one proposal for a long-term concession agreement for Clam Pass from the Registry Hotel. He ståted that Staff is currently reviewing that proposal and will also submit a list of various options to the Board covering the concession agreement~ He stated these options may include: the County operating the con- cession, readvertising for proposals, eliminating some of the high- cost front end items from the proposal request which seem to be discouraging people from bidding, etc. He advised that this list should be ready within the next couple of weeks. Mr. O'Donnell stated that in order to present these options to the Board the present interim concession agreement will need to be con- tinued through June 30, 1987. "_"":',~Q...answer, .to..cnairman Hasse, Mr. O'Donnell stated that the Board will be able to consider this item before the scheðu1eð.vacatlon break. Clerk Giles advised that the Board has received one ~heck under J'j'V(. ~. f:~ ' r~ f:'\ . J \ ; ::" !ODK 104 rA~r 505 Page 35 ~ ~'';·'''-"'~_·"'._'';i'"'''~~'~"'''''_'''__ ., lOOK 104 rAr.! 506 1 ¡; , . )¡ " , L ~ _: MAY 26, 1987 the concession agreement, however, there was no documentation for- warded. Mr. O'Donnell stated they are having some problems with the docu- men t'&tion., ,howev~" 30i meebing' -i 5>, h&ing.,. 9ChedûlIEJc), 'ßoo,'wot'JCr.: O~ th'eset" difficulties. Attorney Richard Aaron stated that it came to his attention that the check had been mailed, but without any documentation to subs tan- tiate the computations. He said the Interim Concession Agreement calls for the submittal of Sales Tax Reports and it turns out that there are no Sales Tax Reports submitted by the AUO or Adventures in Paradise to the State that specifically identifies what rental and sales proceeds are attributable to those projects. He explained that it is included with the entire hotel operation. Mr. Aaron stated he is attempting to identify some other acceptable documentation and a meeting is being held with the hotel staff for this purpose. He added that the Sales Tax Reports are not applicable in this case. In answer to Chairman Hasse, Mr. Aaron stated that the payments and documentation will be retroactive to January 1st. In answer to Mr. Giles, Mr. Aaron stated there is no equipment at the site to record a UCC-l Form against, since the AUO does not own any of the equipment. Commissioner Saunders moved, seconded by Commissioner Glass and carried unanimously, that the Interi~ Concession Agreement for Clam Pass Park be extended to June 30, 1997 and the Chairman be authorized to sign. Page 36 .. - ..."<'~..,"""""'-"'''''-'''';,'''....._,..,''-^'"'''-,........._..._'''''-''''',....,,'' '...'.. \ ¡ 1 (;..¡.. '~ 'ILl =. " :., J : " it " ----.'--',.-.-...,....,....,...., :. (~( J ¡,': .' . , 'MAY':Ž6:, '.:-1987;' Item UDl PURCHASE OF IBM COMPUTER HARDWARE FOR UTILITIES - APPROVED IN THE AMOUNT OF $26,088 Utilities Administrator Crandall stated that computer hardware equipmant and PC's are needed because of the Utilities Department move' to ð remote location. He stated that this' equipment r!!r"neeðe<:1' t'o"']-in~ up to the main computer. In answer to a memo from Clerk Giles, Mr. Crandall stated that the annual cost of communication lines maintenance is about 10% of the total equipment cost, or roughly $2,600 annually. He added that the cost of the communication line itself is approximately $20 per month. Commissioner Glass moveð, seconðeð by Commissioner Saunðers and carrieð unanimously, that the purchase o~ IBM computer hardware be approved in the amount o~ $26,088. Item 'llA BUDGET AMENDMENTS 87-295/296 AND 87-298/299 - ADOPTED Commissioner pistor moved, seconðeð by Commissioner Goodnight and carrieð unanimously, that Buðget Amenðments 87-295/296 and 87-298/299 beadopteð. Item f12A DIBCUSSIOU OF LELY BAREFOOT BEACH - CONTINUED TO JUNE 2, 1987 Commissioner Saunders stated that he previously handed out a brief memorandum which is basically a brief survey of all of the Governor and Cabinet members concerning their position on whether the County ¡Page'37 Ti ;',1, ¡ \ '"; " , ;', '. " ' . f~. .,r ¡ ; (.' ï,! . "1 i' ~ 1 '.':,: " " .. . " '>'. ~.f· i:< .. .. . '~,.w~_""""'"__"'.",'_""~'"'_____.._'-",;""""" _..."",.,....',,""'.""',4H MAY 26, 1987 should contribute 50t to the acquisition of Lely Barefoot Beach or if the one-million dollar contribution would be sufficient. He reported that three of the Cabinet members are requesting that the County go to, 50', Senator Dudley has requested that the County go to 50%, and Representetive Hawkins has indicated that the County should not go to 50% unless asked. Commissioner Saunders read part of the transcript from the meeting of the Governor and Cabinet. He stated that the State moved this pro- ject up on the list because of what happened in Brevard County. Commissioner Saunders stated his feeling that the County should contribute the 50% even through there is a risk involved. Commissioner Pistor stated that he does not get the same signals. He said he has spoken with several people from DNR and they have suggested that the County not offer 50%, but rather try to negotiate a purchase option with the one million. Chairman Hasse advised that a meetin~ has been scheduled with Mr. Klaas for May 27, 1987 to negotiate an option. Acting County Manager Dorrill stated that an option-purchase negotiation will be attempted on the following terms: County will have first right of refusal in case the State does not buy the pro- perty and a portion of the one-million would be used to hold the first right of refusal. ,·.oCammLssioner .SaundeC'8statedthat it seems a ,little odd that the County is asking for the first right of refusal on outright purchase, Page 38 aODK 104 P~(.! 509 - ¡ I , ,~i'i.' i:~..,~. .:.~.:: "".. ~,:i '-!"(';" .",' " ·'1 f <,:", ""~,:,I ~-~... .,,,..-"""',."'..""",,.....'.,,;,.,-,--,---- \. &OOK 104 PAr.! 510 MAY 26, 1987 but not willing to offer the State 50% to insure that they will buy the property. Mr. Dorrill stated that he hað received a verbal quote on the app..r:M.~)¡st.· Qn), t¡bæ p-r¡open t~, ar;Qo¡it.;; appe~ tha t the.,.31o'.']¡, '~LMon., do,1J.a.r,... price is reasonable. In answer to Commissioner Glass, Mr. Dorrill advised that because of the meeting with Lely on May 27, 1987, the County has been given until June 2, 19&7 to make their decision. Commissioner Goodnight stated that she is a little concerned about the County operating the facility and the parking lot when the State may own the property. She stated that there is no assurance that if the State buys the property that access will be provided in the near future. Commissioner Glass stated his agreement with Commissioner Goodnight and noted that the County should control its own destiny. He said the County should buy the property, build the infrastructure and make sure there is a park developed on the property. Tape 113 Commissioner Glass also stated his feeling that the County repre- sentatives should have a professional option-contract negotiator pre- sent at the meeting with Lely. Commissioner Saunders stated that he is a little puzzled because some of the Commissioners are saying the County does not have the money, but then they want the County to purchase the property and put in the infrastructure. He stated he sees nothing wrong with the State " Page' 39 .. .. - 1 II _~""""""""'___""""'''''_''_'''''""",~",""",_...",,, "'''''''''''_,"".~_",.~ MAY 26, 1987 owning the property, as long as it belongs to the government. He also' noted that the whole point is to enhance the money situation. Mr. Dorrill stated that his advise is to continue the discussion to the June 2, 1987 meeting at which time the formal appraisal will have been received. He said, at that point the amount of the 50% figure will be known and if the Board would like to increase their contribution they may be able to place some restrictions on the money. : It was the qeneral oonsensus that the disoussion of Lely Barefoot Beach be continued to June 2, 1987. Item U2B REQUEST 'FOR RBCOKSIDERATION OF P8TITION R-86-2SC, HR. ROBERT E. DAVENPORT - APPROVED County Attorney Cuyler stated that this request is for recon- sideration of the denial of Petition R-86-25C. He stated that according to the Ordinance a petition may be reconsidered only when it is requested by the petitioner and if the petition received approval from all Staff members and Advisory Boards. He advised that this petition received a recommendation of denial on a 7/l vote from the CCPC and, therefore, reconsideration is not available. Dr. Neno Spagna, representing the Petitioner, stated that he is confident that the petitioner has addressed and overcome the objec- tions to this petition. He requested that the Board allow Mr. Davenport to readdress the concerns. '''Ch'àiTm-an'''Hass'e 'st'lIteâ ~lthat"'h'e4:irove~0 'I.Immoke:J.re-e';'Ibo,dook,æ.!t iithe Pàge 40 &OOK 104 p~ :! 511 ! l, ,.,....._,..........,......",,,,,,,,'..,,,,,,-, ---"'..-...-....-,...'''..-..,,''','- aODK 104 rar.r 512 MAY 26, 1987 property in question, and feels there may have been some misun- derstanding between Mr. Davenport's current mobile home park and Tara Park, which does not belong to him. Mr. Cuyler stated there is a provision that the BCC may waive the amount of time required' to elapse before- the petH:ioTt, may B9ð'in b'e- heard by the CCPC. Planner Weeks then read the provision requiring 12 month period before rehearing which can be waived by a 3/5 vote of the Board. Commissioner Glass moveð, .econdeð ~y Commissioner Saunðers anð carrieð 4/1 (Commissioner Pistor opposing), that the rehearing time frame lapse ~e waiveð tor Petition R-86-25C, Mr. Ro~ert E. Davenport. Mr. Cuyler advised Dr. Spagna that this action merely allows this petition to be reheard by the CCPC without waiting for 12 months and nothing more. *** RECESS AT 5:00 P.M. RECONVENED AT 5:05 P.M. *** Item,fl2C DISCUSSION OP IMPACT PEES - STAPP TO REVIEW Commissioner Saunders stated that he requested this item be placed on the agenda because of the recent report on Growth Management. He stated that the Board is going to have to determine appropriate funding needs for growth. He stated the Board will have to take a stand on whether to expand impact fees to include facilities such as libraries and jails and whether the present impact fees will need to be increased. He suggested that Staff be directed to investigate what Page '4l ~ ~ - - '~'~"~"'~;''''';"""",''''''''''''~-'-,.". ,< ."'""'~""'''''-~___'''''''''''__'""~"",_...",__""_..,,,,,.., _c'. _'''',''.-_,'''4;_........,",'''~5_""';.._"._,, · MAY 26, 1987 type of impact fees may be charged and which Florida counties are charging those fees. , In answer to County Attorney Cuyler, Commissioner Saunders stated that dollar amounts are not needed at this time. He said he is only asking for a preliminary report on what type of impact fees are available. commissioner Saunders moved, seoonded by Commissioner Glass and oarried unanimously, that Staff be direoted to review impaot fees per- missable under Florida Law and report back to the BCC with available options. Item f12D REQUEST BY CITY OF NAPLES TO BE INCLUDED IN COUNTY'S OPEN CONTAINER ORDINANCB - APPROVED Commissioner pistor moved, seconded by Commissioner Goodnight and carried unanimously, that the County Attorney be direoted to prepare an amendment to the County's ordinanoe prohibiting open oontainers ot alcoholio beverages in automobiles to include the City of Naples. Item '12B CREATION OF COLLIER COUNTY OFFICB OF ECONOMIC DEVELOPMENT - STAFF TO INVESTIGATE FEASIBILITY Commissioner Glass stated that he has distributed material to be considered for an Office of Economic Development. He stated that, he would like the Staff to investigate the feasibility of this material and report b~ck to the Board before the vacation recess. He ; . ,'" ",,' ·"¡·,,·"""-ðA.so'lW3iet.ed ,,!thee ,cbe,lCuc,cent'.Economic ,.Development vCounc.iJ..J..n _ Colli er ; , , .' , . ~, &OGK 104 nr,! 513 Page 42 }I ~, ' .} (;' "''''"''''.'~~''''^-''''''''-'''"-''''''"~""''-'--''''''''''--''''.';~-,- __ 111 r ~ .._'.,,_.."',___,_~_ '''~''''''''''----~''''''''-'''""""",,,.,,,,,,>,,;,,,,,.,,,,,,,;,,,-,,'...''"''''"",.~,'"' , ' ff , , &OOK 104 fAf.t 514 MAY 26, 1987 County is having money difficulties. commissioner Glass moved, seconded by Commissioner Saunders and carried unanimously, that Staff investigate the feasibility of an o~~c..,()15I.Bconomio., Da'l¡aJ.ogment., and. report, back. to the Board before the vacation recess. Tape f14 Mr. J. Sandy Scatena stated that he is concerned about this issue. He stated that the Board is continually concerned about money, however, it makes no sense to advertise for more growth when the County is having difficulty keeping up with the rapid growth occurring on its own. He requested the Board take a stand on whether they really want more growth. Item 1121' DISCUSS~ON OF SEARCH FOR NEW COUNTY MANAGER - SEARCH HALTED AND CHAIRMAN TO NEGOTIATE WITH NEIL DORRILL Chairman Hasse stated that he feels the Personnel Department should handle the initial review of applications and submit,a suf- ficient selection of qualified people. He stated that something needs' to be done before the Commission adjourns for the vacation recess. Commissioner Glass stated that the request today is for the Personnel Department to conduct the search for a County Manager, and there is nothing wrong with that suggestion. He stated that realisti- cally looking at the dyn~mic conditions that exist in Collier County today and the multitude of problems which require immediate attention, Page 43 .. - ~""'-"~"'''_~'''''''""'-''''''''''--'';''''''~-"","...,~_...~.._...."",.'_",.,~.~'"."-'"."---~-'---'--""-----";"'--"""""''''"-''-' MAY 26, 1987 it is imperative that the Board set an immediate course for the known quality that has sufficient support and confidence from the Commission. commissioner Glass moved that the BCC suspend further efforts to hire a new manaqer and beqin neqotiations with the Aotinq County Hanaqer, Neil Dorrill to arrive at a mutually aqreeable contraot to employ Hr. Dorrill as the Hanager of Collier County, Florida; and that one Commissioner be desiqnated to neqotlate a contract with Mr. Dorrill utilizinq th~ services of a Collier county Labor Attorney to insure 1eqa1 sufficiency and report back to the Board with a contract for the Commission to review and approve prior to the vacation recess. ' commissioner Goodniqht seconded the motion. During discu~sion of the motion, Commissioner Saunders stated that; he has no problems with hiring Mr. Dorrill, however, he is concerned because the hiring of a County Manager should not be an add-on to the agenda. He stated the issue should be advertised on a regular agenda so people know what is being done. Acting County Manager Dorrill stated that he has provided a resume, and a letter of interest to the Personnel Department and the Commission, and is an official candidate for the position. He stated that he is more than willing to sit down and negotiate an agreement which could be brought back for full public scrutiny. Commissioner Glass stated that he feels the Chairman should nego- tIate' an agreement wi'th ~r . ""Do t rl'1 1. '"He '15t-at'etl 'he'''un'ðerstantls Page 44 &OOK 104 w,r 515 (', , J ~, ~. 1~ '" . "'...O<'""'"""",,"''"',''_,",''_"''<',.'''4'"~''''-'.._ _'''.,'''''.,_,~."_~,.~__ "-___"'..._"'......",,..,,"""'._""';;..,",),;';, '.."...~' "'''"'''.'.'-'''''P"",.." - \ lOOK 104 PAr.r 516 j (¡ ,I ¡ , ; t!.. , ¡ MAY 26, 1987 Commissioner Saunders' position, but it is his perception that the com- munity and staff support is there for Mr. Dorrill. He stated he also sees that the Bo~rd has tremendous responsibilities falling in rapid suCCeSMOA.- ð.t. this., t.ilne.. ð~, MI: '" DoIi¡;,i,.3.1.., has.· demonatrate.d...t.he-capahi... lity to make him the ultimate candidate anyway. He adòed that to con- tinue a search for applicants at this time would be a charade. Commissioner Goodnight stated that she suggested a committee because she had received two phone calls from acquaintances that would have liked to apply for the position, however, they did not because Collier County has a ca~able person who is already in position for promotion. She stated she would like Mr. Dorrill to be the County Manager because he is very qualified. In answer to Chairman Hasse, Personnel Director Ochs advised there, is no probationary period for the County Manager or Division Administrator positions. Upon call for the question, the motion carried unanimously. Commissioner Saunders left the meeting at 5:40 p.m. Item flOA REPORT ON COUNTY WATER/SEWER DISTRICT SPECIAL ACT - SPECIAL MEETING CALLED FOR FRIDAY, MAY 29, 1987 Assistant County Attorney Anderson stated that he has again been in contact with Deltona, Avatar, and the Public Service Commission. He stated he has received a firm indication from the PSC that they , will oppose the County's bill and right now it is buried in the Regulated Page 45 - .. .. "'.o"=''',",....'...,-'",';;~''''''''_..',.,.___~_"....._____. ,"".- ,_""',_'...""~,',"''',;,,<'>. ',^"""".""".;;.;,_.,,,,,,,,,,-~,,-,,.,"";_", MAY 26, 1987 Industries Committee and probably will not leave there unless Collier County takes back regulatory jurisdiction from the PSC. Mr. Anderson advised that he forwarded some draft language to the PSC. He said they approve of the concept but they may want some minor language changes. He said he has not heard from Deltona and Avatar, but time is running out because the Legislative Session ends June 5th. In answer to Commissioner Pistor, Mr. Anderson stated that the PSC has no interest whatsoever of working with the County when it resumes jurisdictional control. Questioning language contained in the handout, Clerk Giles asked if it means that the debt of a company plus it's equity, meaning what the owners have put into the business, constitutes capital? Mr. Anderson stated that case law would need to be researched since the language was taken directly from Chapter 367 that governs the Flórida Public Service Commission. Mr. Anderson stated that if Collier County takes back jurisdic- tion, it is very important that it be completely separate and apart from Collier County's own utility operations. He said this is one of the problems experienced in the past. County Manager Dorrill stated that the privately owned facilitie~ were under the County's Utilities Department in the past and there are pros and cons on this issue. He stated they may not be in agreement ,'. "...J.ch,..the~.C01JAtZ.!·..Attocne\" S .0££ .ice. utilities Administrator Crandall stated that he is very happy that eOOK 104 PN 517 Page 46 """"'"'~'~"''''''''''"'';'''''''''''''''''''''''-'''";.;'''''''''"""''''''''"~'''-;~--''-;'_~.'''I;"'',,,,,,,,~, ... ,.,..,-"'-,."'--'''''',~....._"._..................,._ '''''.._"'"'"...._;''',~,,,."'~'-~..,.."",,.",. ""'~'''''''''''''"-''''-'''~'''''';''''''''''' aOOK 104 nq 518 MAY 26, 1987 Mr. Anderson would like to keep this as a separate entity. He stated that conflict of interest was a concern previously and one of the reasons it was turned over to the PSC. He also noted that the County wilJ.be regula.t.ing,.,the. pla,nts the~will ultimately seek for Qurchase. Mr. Crandall stated that it is also a very time-consuming jOb. He pointed out that the PSC has 9 members who do nothing but rate regula- tions and quite often they are asked to cut the rates back. He requested the Commission to keep the two functions separate if they take back jurisdictional control. Tape Us Commissioner Pistor stated that hormally reversion of control takes about 3 years and requires action by the Legislature. He said if they do not pass this bill then Collier County will not have juris- diction over the package plants. Mr. Anderson stated that one of the paragraphs added will pre-empt the general law that allows the long timeframe for transfer of jurisdiction. He stated that the PSC will retain jurisdiction and finish ðnything that is pending. He said the effective date of the Act is scheduled to be July 1st. In answer to Commissioner Pistor, Mr. Anderson stated that the Deltona matter will be settled by the PSC and will not be a problem to Collier County. In answer to Chairman Hasse, Mr. Anderson stated he does not know if Avatar has any matters pending before the PSC, however, if they do the PSC will have to dispose of them. Mr. Anderson advised that he has inquired among PSC Staff members Page' 47" - - .. .w_...,o,~""""u~.._,.-,,,., "''>',",,' " .' _'''"__'''''"'''''''''''_'''_P'_'''''''''''''~''''''''"'''''-k''''''''',=~"",,_,*_.~" _ '" MAY 26, 1987 to see if they had any interest in coming to Collier County to set up a rate program. He said one of the Staff members has expressed an interest. In answer to Commissioner Pistor, Mr. Anderson stated that if any ,.' !"¡r of'theprivate companies plan to proceed to take action to prevent the jurisdictional change, they are keeping it a secret. Mr. Crandall stated there was a fee for regulating rates of 2.5% of net income and if the County takes back jurisdictional control, that fee may not be enough. In answer to Commissioner Pistor, Mr. Anderson stated that if the biil doèsn't pass, there may be a question as to whether th~ Có~nty could ultimately take over Avatar, Deltona, or any other utility that a previous Commission granted an exclusive franchise. I~ was the qeneral consensus that a Special Meeting be calle~ for Friðay morninq, May 29, 1987, at 10:00 to take action on this issue. *** The followinq items were approveð anð/or aðopted under the Consen~ Aqenda upon motion made by Commissioner Pistor, seconded by commissioner Glass and carried 3/0 (Commissioners Saunðers anð Goodniqht absent): *** Item f14Bl BXCAVATION PERMIT NO. 59.285 - "MOON LAKE" - APPROVED SUBJECT TO ~1 { ,\ ",STIPULATIONS l. Lakes 1 & 2 shall be limited to a bottom elevation of 0.0 ft. ngvd with all disturbed areas proposed for lake excavation excavated to a minimum elevation of 0.0 ft. ngvd. Page 48 ' &OOK 104 p,\r,~ 51.9 ! ::: __"._..,.. ."~"'~'-"'''''_'~''_'''''''¡"'''';'_''';~'''__''''-_'''''_'''__._._'''~;","''.''""','.-H..",'"......",,"',",;'.;...~,','.",'_"'d,,.-,',;'.._'" ,'\ 104 m£ 520 , , . \ ' MAY 26, 1987 Lakes 3 & 4 shall be limited to a bottom elevation of -2.0 ft. ngvd with all disturbed areas proposed for lake excava- tion excavated to a minimum elevation of 0.0 ft. ngvd. 2. No excavated material shall be removed from the project site. . ~. Whex:.e.., gr.oundwAter~ is. ~u:op,osed to. be. pumped. ducing the.. exca.- vating operat'Íol'1't; a,:)ew.atat:'l'Í'i~1?'etmri~sh'<Ù'1'; ~ ol:1t1a:imed'..frolTft" the South Florida Water Management District and a copy pro- vided to the Water Management Director for his approval prior to the commencement of any dewatering activity on the site. 4. No Building Construction Permits will be issued for any pro- posed construction around the perimeter of any excavation where the minimum clearance between lake top-of-bank and the proposed building foundation is less than 30 feet, unless and until all lake side slopes adjacent to the proposed construc- tion have been completed and approved by the Collier County Water Management Department. 5. Prior to issuance of this permit, Petitioner shall provide documentation of FDOT approval of project outfall into Davis Blvd. drainage swale and adequacy of downstream conveyance route, both in accordance with SFWMD and the Board of County Commissioners' conditions and stipulations. Item ,I14B2 ROADWAY AND DRAINAGE IMPROVEMENTS IN THE COTTAGES - APPROVED AND PLAT TO BE RECORDED Item "UB3 IKMOKALEE AIRPORT EMERGENCY MEDICAL SE~VICES SUBSTATION RENT INCREASE OF 2% PER YEAR FOR A TOTAL PERIOD OF S YEARS - APPROVED :Item U4B4 FEASIBILITY REPORT APPROVED AND A PUBLIC HEARING ORDERED TO CONSIDER CREATION OF THE EVERETT STREET PAVING ASSESSMENT DISTRICT Item 'UBS CERTAIN TRANSFER STATION EQUIPMENT DECLARED SURPLUS AND STAFF AUTHORIZED TO ADVERTISE AND ACCEPT SEALED BIDS TO DISPOSE OF THE EQUIPMENT 1980 Trailer (Pak-Mor) 1974 Trailer (Pak-Mor) 7104 3792 65100078034 65100227317 T, ,) ~., (:,: 'í :-:.,:. ~~.~(.i' :;; I ,Page 49,' ".' ::~' \'; J:'] ,I .. .. .. .. ^"'-"'-""'''''"''''~'''''''"''""'<"",,,,,,-,,,,,,,,,,,,,-,-,_.,-,,--,,,,,,--,,-,......""'"-"'.,,,..",,....'.'-, MAY 26, 1987 1979 Trailer (Pak-Mor) 5940 65l00l27829 1973 Trailer (Pak-Mor' 5526 65l0023377Vl9 1977 Tractor (Mack) 382l DM685l4170 1978 Tractor (International Havester)5525 Dl327GGB28587 1976 Wet Cell (Pak-Mor) 478l 3GTED3K2B2 Item 'UCl MICROCOMPUTER TO BE PURCHASED UTILIZING STATE GENERAL REVENUE/GRANT FUNDS - $8,000.00 Item 'UC2 SOCIAL SERVICES CASE NO. W-12688 Item 'UDl RECLASSIFY CLERK III TO DEPARTMENT SECRETARY FOR WATER OPERATIONS DEPARTMENT Item fl4D2 TWO UTILITY EASEMENTS FOR SOUTH REGIONAL WASTEWATER FACILITIES PROJECT - ACCEPTED See Pag~s O.R. Book l271, Pages 59-62 Item U4D3 RESOLUTION 87-120 SCHEDULING A PUBLIC HEARING FOR JUNE 23, 1987 ON THE EVERETT STREET WATER IMPROVEMENT SPECIAL ASSESSMENT DISTRICT AND AFFECTED PROPERTY OWNERS TO BE NOTIFIED See Pages _I) ~J./. -......-) ~ ~ Item 'UGl CERTIFICATES OF CORRECTION TO THE TAX ROLL AS PRESENTED BY PROPERTY APPRAISER'S OFFICE 1986 TAX ROLL No. 192 Dated 5/15/87 If A .. \ 49é36.xANGIBLE:.PERSO~ÁL PROPERTY .t" ' .., ~',; 'Nos. 2l8/225 Item fl4G2 Dated 5/l4/87-5/l8/87 he i:'~, ; ':',j ;" I. I .. r (,}. ,'.1 ~ 1/;, i~ ., ; :,~' /, ; {,; ';',:; . H &OOK 104 ~~(,f 521 Page 50 ¡ II" ,._..-__"_"'.~ ," ~~~.."","..";",_,."""-"*"I.*"i'1""_"'..."...."""""__,~",..,,",,_,;,,,,,,'~.-'_""."".."¡".."'"",""A"", aOOK 104 PAQ 522 MAY 26, 1987 CHAIRMAN AUTHORIZED TO SIGN SATISFACTION OF LIENS FOR SERVICES OF THE PUBLIC DEFENDER ,; i r' ( , ' , ¡:" "'r '0'" See Pages I.tem. U4G.. ..sa c¡ - 53 c:, MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED There being no objection, the following correspondence was filed and/or referred to the various department3 as indicated below: l. Memorandum dated 04/17/87 to All Recipients of the Florida Retirement System Rules, from Virginia W. Bryant, Administrator Research, Education & Policy, Dept. of Administration, regarding Florida Retirement System Rule Amendments Effective Date - March ll, 1987. Referred to Leo Ochs, Payroll and filed. 2. Letter from 05/08/87 from John F. Adams, Chief, Regulatory Division, Dept. of the Army, enclosing the Dept. of the Army permit and a Notice of Authoriz~tion to be displayed at construction site for 4l acre community active recreational park in East Naples. Referred to Neil Dorrill, Kevin O'Donnell, Cliff Crawford and filed. 3. Letter dated OS/l2/87 from Thomas G. Pelham, Secretary, Dept. of Community Affairs, advising of a one-day applicant workshop for CDBG Program's Economic Development Category under Phase II of the FY 1986 Funding Cycle. Referred to Neil Dorrill, David pettrow, Wanda Jones and filed. 4. Letter dated OS/l3/87 from Douglas L. Fry, Environmental Supervisor, DER, enclosing short form application File No. (1113339275, 11134013, and 111341685), which involves dredge and fill activities. Referred to Neil Dorrill, Dr. Proffitt and filed. 5. Memorandum dated 05/05/87 from Alan Van Lewen, EMS, Dept. of Health and Rehabilitative Services, advising of State Emergency Medical Services Grants Workshops to be held in June. Referred to Neil Dorrill, Kevin O'Donnell, Doug Greenfield and filed. 6. Notice of Voluntary Dismissal received 05/14/87 from Land and Water Adjudicatory Commission, regarding Development Order No. 86-1 issued by Collier County, Florida, approving a DRI known as the Woodlands. Referred to Neil Dorrill, David Pettrow and filed. , "Page, 51 - .. - "",..·-.-"'''''"I~;,'·...._-_........._--~,',,';",..,...,,.,',..; . ,....."~-"',......",,"'""_..,,',.._,.';_.._..,-.,..J..........,_''',,,""..,.,..,' , , . '::'; "'!'.':' . ' í : . ~ ~ t, . , ' !:' .' . ", ; :'f" " ¡.; j'r , " ; MAY 26",1987 7. "Minutes: 04/21/87 04/06/87 04/09/87 Immoka~ee Lighting & Beaut. Advisory Comm. ,and 05/19/87 Agenda - Ochopee Fire Control District Advisory Board and 05/04/87 Agenda - Parks & Rec. Adv. Board and OS/2l/87 Agenda 8. Memorandum dated 05/07/87 to All Interested Persons, from Steve Tribble, Director of Records & Reporting, Public Service Commission, enclosing a time schedule entitled "Case Assignment and Scheduling Record, with dates designated by the Commission for completion of stages of work in docket 870406-SU - Windstar Development Company. Referred to Neil Dorrill, Bruce Anderson, Tom Crandall and filed. *** There being no further business for the Good of the County, the , .." r, meeting was adjourned by order of the Chair - Time: 6:00 p.m. BOARD OF COUNTY COMMISSIONERS/ BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ~d~ MA~HASSE, R.',' C R N' ATTES~: '"''''',,,,, JAMES' C. -CItES "-{:LERK ..... ...... .,," ".''')11.' ". "'." ..........: ~ .' ,:' ,:..~ '/., '.. .~,,'........... .: ..' "~~Ì¡fj:'-' v :. : .. . , ~ .. J //, , "'_' . : .~:.; 1. '.: :; b ~ (" f:, ':r; I 1 " L::- BA~.··:!~~:~~,·";:e/,mii~~~·Ú~~ roved .C. Boord on m ~ );:;/ t? F'7 ... ~. ',,~,~.: "l-i\;::~1:1-8',..·þ'· ~ : :, (I' : as' P'r.'~)iè11ted···. ',: or as corrected ......: I.¡~t'-,~:'-" ~\! ...,. "",."., , ..Î r;: ,.~ ( (,,, ;~c<....:.: :, ¿ ,:'¡'1' CZ'::¡', '" ¡ f ,< .'¡·j','.f . ',:J , ~! ': ~ r ~ ; ~;H J!iE .'. . iiä'ge 52 800K 104 w,r 523 J ~ . ¡! . ~, t ,1 , ~: ; ¡; " I " '."";."~"-';--",-,-j.""-;,,,, ¡ ¡ . . í i