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BCC Minutes 12/10/1984 W (-'~J ~J r-J ~ Naple., rlorida, December 10, 1984 LET IT 8E REMEM8ERED, that the 80ard of County Commissioner. in and for the County of Collier, and also acting as the Board of Zoning Appeals and a. the gov.rning board(.) of .uch .p.cial di.trict. a. have b..n created Iccording to. law Ind having conducted bu.ine.. h.rein, met on this dlte It 10100 A.M. in Work.hop Se..ion in Building -F· of the Courthou.e Complex, Ea.t Naple., Florida, with the following ~ømber. pre..nts CHAIRMAN I Frederick J. Vo.. VICE CHAIRMAN: John C. Pistor Max Ha..e C. C. -Red- Holland Anne Coodnight ALSO PRESENT I Jame. C. Cile., Fiscal Officer, Maureen Kenyon, Deputy Clerkl Donald 8. Lusk, County Managerl Neil Dorrill, Assistant County Managerl Pat Pickworth, Administrative Secretary to the County Manager, Burt Saunders, County Attorney, Don Norton, Public Servicea Administrltorl Terry Virta, Community Development Administrator, Lee Layne, Zoning Director¡ Ann McKim and Terry Clark, Planners, Mike Kloehn, Planning Director, Thoma. Crandall, Utilitie. Administrator, Tom Kuck, Public'Works Administratorl Don Mohler, Director of Busine.. and Administration of Utilitiesl and Nancy Isrealson, Admini.tcativ. S.cretary to the Board. CO~UMITY D~VILOPMENT '.8.(1) Petition R-84-JJC, Charle. , rreda Steven.s reque.ting re.oning fro. A-2 to RSr-l for property located on BrYln'. ROld north of rour Selsons Ind el.t of Airport/pulling Road. Planner McKim indicated the general location of the property b.ing south of David C. Brown Highway and eut of Al rport/pulling Road. . She n~ted that the purpose of this petition is to be able to build three .ingle family home.. She noted that Staff and CAPe recommend approval .ubject to the .tipulations outlined in the Executive Summary. '.8.(2) Petition R-84-J4C, JI.e. 8. Bayne.s reque.ting rezoning fro. C-3 , PUD to PUD for 5 acre. known a. Trlil Drive-In Theatr., located at the SW corner of US-41 and 1l1th Ave. N., Lot. 3-22 and 29-42, re-.ubdlvi.ion of Lot 1, Naple. Park, Unit No.1. Community Development Administrator Virta .tated that this petition hat been withdrawn by the petitioner. '.A.(1) P.tition V-84-25C, David A. Novick, AlAs r.que.ting a v.rianc. fro. the h.lght requlre.ent. of the RMr-16 Di.trlct to 14 .torie. in.tead of the required 10 .torie.. ~OOK 084p ~!719 Page 1 '" L ........,.,--<~_.-....._...__....,.._,.."..--.,,- .'....'...>'...''''---- ....-. II_.._W .....,..._...~.~", ,..." '" .,'..,,',..""..._,.,_..,_......"",_,.,. ._"0..-..,,,,,,,,.,_ /., fj,4 . I';f.~'. . " :...\, L:,~ ~\;.~:: . ~,··:}t~ .'~:' tÎ. 1···'·1...'............. , ",t i",' ,i ,'" t " i/ ,'.'~ : t:~ . ~, ~OO( £J84.rA~t720 December 10, 1984 Zoning Director Layn. .tated that this petition i. to allow the petitioner to build 117 condominium. without any increa.e in denlity. She noted th.t the .ubject property i. located between two .tructure. of 22 and 14 storie. in height. She noted that this propertr is on North Collier Blvd. on Marco I.llnd Ind is thl only vacant p lei of property left that is zoned RMF-6. She indicated that thi. request i. .imply for an increase in height and not in density, adding that Staff recommends .pproval. '.1.(1) Petition PU-84-l7C, Terry Stile.s requesting Provl.iona1 U.. ·a- of -IL- for general offices located on the .outh.a.t corn.r of Radio Ro.d and Airport Road. . Community Development Admini.trator Virta st.ted that this i. to allow general offices along with the other uses in the IL district depending on the market demand, Idding that it is their intent to havI primarily offices. 9.A.(1) R..olution to outline an explan.tion of the procedure and r.quir..ent. for a..nding thl Collier County Compr.hen.lv. Plan. Community Development Administrator Virta .tated that la.t week this item wa. brought up due to the anniversary data of the existing Comprehensive Plan which provides for an annual review proces. and amendment proc.... He noted that this resolution would provide for the proce.. of procedure. to accompli.h thi. annual review and am.ndment.. he noted that ~taff i. recommending a 4/5th. vote for a Comprehensive Plln Amendment and a filing fee of $1,000. He stated that Staff hat no recommended changes at this point, but would be willing to make changes that the Commission feel. i. necessary. Commis.ioner Voss stated that the water, sewer, and utilitie. should be expanded in detail, noting that staff should take this into consideration when reviewing the plan. Commi.sioner Pistor stated that there should be a financial section in the plan that deal. with financing of roads, etc. which i. .omething that Staff could also toke into consideration. Community Development Admini.trator Virta .tated that the Comprehen.ive Plan change. are only being made once a year which is in the plan right now, but the process for tho.e applicat10ns that have to be made i. what i. before the Commission. PUBLIC PETITIONSs 15.A. Appeal of notic. to abate nul.anc. on Lot 38, 8lock aT-, Connor'. VAnderbilt Beach Ist.te.. Zoning Director Layne .tated that this i. an appeal, adding that the owner has appealed the tact that the 1,1. needed to be mowed. She noted that the lot i. at Vanderbilt Beach and the owner wa. .erv.d with the notice which is required according to the ordinance. She noted that the petitioner, Roy Ohme., received hi. letter on November 13 and he has until December 13, based on the requirement. of the ordinance, to mow the lot or 10 days if the Commi..ion decide. to deny the appeal. She stated that he did not giv. a rea.on why he is objecting to the lot b e1 ng mowe d . Commis.ioner Voss que.tiontd what street the lot is on, to which Zoning Director Layne .tated that .he only had A legal description for it but would find out the street name for the regular Board meeting. Page 2 .....=J ... --..-] .......·--~"""""'.,..¡~~-:"~·L -"'_'~___'''''~F'';_''"''~'_''_'''''__~''''''''_'''__~'''''_'' ..--œ'~'..'c".".,.,,,."_",,,,,,~,___,,,Q . ~ -_..---.._,.,~"'"-"',.,"".~'''''' ,..~.,...~-_..~, .".",,~ ,"... r:.....~ ~ ~ December 10, 1984 (:01IUII'f AaJ:MDA s 1'.1.(1) Petition TR-84-2C¡ John Tro.burgl requesting 3 .onth exten.ion to util .e . travel trailer during con.truction of a princlpl. re.ldenc. on Tract 11', Unit 15, Colden 'Cate E.t. Community Development Administrator Virta stated that he is aVlilable to answer any question. if needed, addin9 that this item is on the con.ent agenda. County Manager Lusk asked if there had been any policy established regarding the renewal of these permits, to which Mr. Virta stated that there has been no new request. .ince the last meeting regarding this, but If there are requests it will be stated administratively that there mu.t be an inspection within a certain time period. 1'.1.(2) R.co..endation to recla..ify and pro.ote the pre.ent 8ul1dlnq Depart.ent Lead Inspector to Building Inspections Supervi.or. Community Development Administrator Virta stated that this position has been handled by the current Building Director, adding that It has become increa.lngly difficult for him to handle tho job of B~llding Director and Bullding Inspections Supervisor and he is, therefore, 'recommendlng that the present Building Department Lead Insp.ctor be promoted to Building Inspections Supervisor. 16.8.(3)-(8) Rei Public Nuisances Zoning Director Layne stated that Items 3-8 are all public nui.lnce. and letters were sent to the owners to have their lots mowed. She noted that liens would be put on the property if the bill. for mowing and the Idministrative cost are not paid. She noted that the.e ar. all li.ted under the consent agenda. There wa. general discussion reqarding having these charges added to the tax roll, with County Attorney Saunders indicating that this could not be done. Fi.cal Officer Ciles indicated that by putting a lien on the property, the County is al.o collectin9 12\ interest a year and the lien would have to be paid if the land was soid. 16.1.(9) Reco...ndation to approve contract for Technical A..I.tanc. on Section 8 Proqra. . Community Development Administrator Virta stated that there is a new Section 8 Coordinator on Staff and this would provide the training that 11 needed. 12.8. R.dl.trictlng co..l..lon Boundarie.. o Community Development Admini.trator Virta stated that the Statute requires that redi.tricting be completed in the odd numbered year, adding that it is not I big job, but in terms of staff it will take tim.. He noted that Staff needs direction as to what the Commissioner. w.n t. Commissioner Voss stated that each district should have the same amount of people, adding that he feels with the population of Collier Coun.ty at this time, that the districts aro unbalanced. . He .tated that he MOuld like to see more regularity in the lines. He not.d that Staff could be directed to prepere a resolution to bring to the Board at the next .eeting and Staff could proceed at this point. ~Oð( 084 'n 721' Peg e 3 ,_ _~.~~-.........__ ____ ...____M _,~.. , '-- 'øoo,; £J84."A~l722 December 10, 1984 County Attorney Saunder. stated that he would want the resolution adopte~ first a. he want. to be aure that it ia conaiatent with any statutory require.ent, adding that he needa to do .o.e reaearch and could have the re.olution prepared for the fOllowing .eeting. It.. No. 4 - Di.cus.lon of Planning Co..i.aion. in R.lation to the Special Act. Community Development Admini.trator Virta stated that there was a Special ^ct regarding changes in planning commi.aions makeup, adding, that he did not think that there waa a need for a change. County Attorney Saunders stated that there WJa .ome diacu.sion reglrdlng ~apt.r 163 a. oppo.ed to a Special Act, adding that under a Special ^ct it requirea a 4/5th vote to change zoning and under Chapter 163, it requires only a 3/5th vote. He stated that to changa the .akeup of a planning commi.sion, the County would have to operate under Chapter \63. Community Development Admini.trator Virta .tated that if the County leaves the Special Act Ind decides to op~rlte under Chapte~ 163, the Zoning Ordinance and thw Comprehensive Plan would have to be l'dopted again. It,. Mo. 5 - Auto.obiles Left on Vacant Property with Por Sal. Sign.. Community Development Admini.trator Virta .tated that within the laat .onth, a new procedure has been in.tituted for tagging vehicle. that are on vacant property with -ror .ale- sign. on them. He noted that they now have white tags and the vehicle i. considered Ibandoned if the .ituation ia not rectified within 10 days and the vehicle is then towed away. Commiaaioner Haa.e stated that the.e vehicles are being parked all over the place and there has to be something done about them without having to wait 10 daya. Zoning Director Layne stated that most of theae violations occur on weekenda and the investigatora do not work on Saturdays. County Manager Lusk stated that a few investigators could be rut on Saturday. for a while until the area is cleaned up and the prob ema re.olved. CommiS.ioner Holland stated that a change needs to be made in the ordinance if the County has to wait 10 days before they can tow the vehicles. Zoning Director Layne stated that Florida Law states that if the vehicle i. in a right-of-way or a hazard, it can be towed after 24 hours, if it is within 30 feet from the right-of-way it can be towed after 48 hours, otherwise, it cannot be towed until 10 days after the tag i. 1s.ued. Commis.ioner Holland stated that the City has passed an ordinance that declare. this illegal and the County Attorney should check into it. County Manager Lusk stated that perhaps under the Homerule Charter, the City would have thi. authority. County Attorney Saunders statod that he would check into the matter and bring it back to the Board. Ite. No. 7- Di.cu..i~n of Cry.tal Lake PUD County Manager Lusk .tated that he had a request to di8CU.~ the Cry.tal Lake PUD and questioned if the Board would like to have a Page 4 :..:::J r-1 - --'~~,j.>:>¡O.4'~~< .,'Þ-...;.....-.>~... 'L """"""_""'~~"'·_'''.'''''''."m",._"_""",,,",,,,".,__,,,,,,,_,,,_,,,,,,,,,,,,,__."".....,'", "._--"""",.,--",.. ..+.." ~_.._-- ~ t-·_~ ~ December 10, 19B4 workshop on the matt.r? Commissioner Pistor .tated that the applicant hat agr..d to make .om. change. without bringing the matt.r back. He s~at.d that on. change that wa. sU99..t.d is that there b. monitoring '1.llS put in, but r.ports from ~onitoring wells .how aft.r-th.-fact that the aquif.r has b..n polluted, adding that thi. i. the probl.m. CommI..ioner Ha.l. .tated that h. would like the matt.r brought up for d !scullion. Comml.sion.r Holland Itat.d that it would b. wIs. for the County Attorn.y and the attorney for Crystal Lak. PUD to di.cul. the matt.r and come up with some agr..abl. r.strictionl. ZonIng Dir.ctor Llyne .tat.d that they hay. to provide a mast.r drainage plan to South Florida Water Management DI.trIct and there could b. .tipulationl included in that. County Attorney Saunders .tated that he would contact the attorn.y for Crystal Lake PUD to discus. the matter and .ee what can be don.. PUBLIC WORJCS I.C.(!) Reco...ndation to e.tabli.h the Cold.n Clt. Unit 2, Block '4, All.y Paving A...s...nt Di.trict. Public Works Administrator Kuck stated that Ordinanc. 75-14 provides that 50\ plus on. can 'Itablish a district, adding that 72' of the people in the All.y paving Ass.ssment District were in favor of this .nd Staff is recommending approval. COMUIIT ACEMDA l'.C.(2) Reco...ndatlon to revi.e the po.ition de.criptIon and Incr.... the pay grad. of the Pl..t "anlg...nt DIr.ctor. Public Works Administrator Kuck stated that this position is an E-3 .nd h. il r.comm.nding that it be rail.d to an E-4 position which Is the .ame a. oth.r departm.nt heads und.r his dIvIsion. He not.d that it is an incr.al' up on. .t.p to be more competitive with those on the outlide. It.. Mo. 17 - Str..t Sign. in Colll.r County Public Works Admlni.trator Kuck stated t~at there w.r. que.tions r.glrding .tr..t signl in Collier County, adding that th..e .ign. ar. mad. in-house and co.t approximately $50.00 inltalled. H. not.d that pr.s.ntly about $60,000 a year is ap.nt putting up and r.placing stre.t .ign. and stop algn.. H. stated that if the County was to g.t cau~ht up with all street signa and stop sign. It would coat approximately $500,000. Commissioner Hasl. stated that h. ha. had a lot of complaint. r.garding the lack of str.et signs in Cold.n Cat. City. H. atat.d that the fir. department also haa conc.rns ov.r thia. Com~ission.r Vosa sU9g.sted that the signs be put on the pow.r pol.s to k..p th.m from being torn down. PUblic Works AdminIstrato'c Kuck indicat.d h. would check into the utt.r. PUBLIC SERVICES COll8lllT AGENDA s ~"OK 084p~~r 723 Page 5 . --~ _. 1 '~_a t.--¥,¡ ,.--~~ " .. ,I r-~~ Dece~ber 10, 1984 1'~1.(2) Reco..endation for Extra Oain Tl.e for lnaat. Mo.. 36732, 44593, 30202, 34934, and ]1417. Ad~inl.trative Secretary to the Board Isrlelson stated that the extra glin ti~e i. approved according to Statute and is simply a fo rlSll 11 ty by the Board. County Attorney Saunders .tated that h. has not had a chance to preplre the re.olution which would allow the County Manager or his designee to slqn the extra qain time. He stated that he would have resolution prepared wlthin a week or two for Board approval. 16.1.(3) Reco...ndation to authorize the Tax Collector to issue duplicate Tax Certificate Nu.ber 3137 to Charle. J. Orlando, due to 10... the Admini.trative Secretary to the Board Israelson .tated that these tax certificates come from the Tax Collector's office, addinq that occasionally people lose their original tax certificate. and they have to be i..ued a new one which require. Board approval as a formality. Ite. No. 2 - Ordinance. Reqlrding Qun Control County Attorney Saunders stated that a few months ago, the Board directed him to prepare an ordinance requiring handgun control with a three day coolinq off period, Adding that there seems to be some reluctance from the Commission to move forward wlth the ordinance. He .tated that there were numerous peoplu that appeared before the Commission in complete opposition to this ordinance. He noted that he would like to bring the matter up at the regular Board meeting for di.cus.ion. He noted that he has received telephone calls from people indiclting that it is everyone's obligation to own a gun. He noted. that he would like direction from the Board at the regular meeting on what type of gun control ordinance the Commission would like to have. He stated that if the Board decides not to do anything with such an ordinance, he needs that direction 1110. It.. No.3 - Ordinance Blnninq Open Alcoholic øeveraqe Container. Commissioner Hasse .tated that he would bring this matter up, adding that he has had complaints from people regarding alcoholic beveraqe. on private property and also the fact of drinking while drivinq. , County Manager Lusk stated that if th~ Commission is .erious about such an ordinance, they should have someone from the Sheriff's Department 'available for discussion as they are the one's that have to enforce the law. It.. Mo. . - Clerk'. Report Fiscal Officer Clle. .tated that under the Clerk's Roport, there is a li.t of pending contracts, adding that they are running about two month. behind which is normal. He stated that there is a good system for keeping track of contracts that are pending. He stated that a lot of budget amendments are handled administratively through the County -ooc ~J .025 Page 7 .~~ ____ A. ~----"-_...."~,...,~,,,_...,.,~, ..,.,--~.._------ ~OO( Q84..PAGt 726 Dec.mber 10, 1984 Mana9.r, but there art about 10 budget amendments that will need Board approval at the rt9ular meeting. . . . . . . . . There be1n9 no further bu.ine.. for the Good of the County, the mtet1n9 wa. adjourned by Order of the Chair - Times lls33 A.H. Page 8 .....:::J t:J ~ ~JJ , I.n ..II.m ØW1'~-t::. ..---~,--~._,."""..,,.,.~~<..--,.. ,....,.....,._~-