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