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BCC Minutes 11/13/1984 R L: _."i t-_.¡ ~ Rapl..; Plorid.; Rov.abar 13; 1984 LET IT BB REKEMBBRBD; that the Bo.rd of County Co..i..ion.r. in and for the County of Colli.r; .nd .110 acting .. the Board of Zoning Appeall and .. the governing board(.) of .uch .peci.l di.trict. a. have baen created according to law and having conducted bu.in... herein; ..t on thil data at 9100 A.M. in R%U~ SESSION in Building -P- of the Courthou.e Co.plex. z..t .aple.; Plorida; with the following ...bar. pr..entl Cl1A I RM.a.1f I David C. Brown " VIC!!: C1L\IRM.a.1f1 C. C. -Red- Holland John A. 'IItor Prederick J. vo.. Mary-Prance. Kru.e ALSO PaEBs.T, Willia. J. R..gan; Clerk, J.... C. aile.; 'ileal Offic.r, Blinor M. Skinn.r. Deputy Clerk, Burt L~ Saund.r.; County Attorney, Donald B. Lulk; County Manaqer, .eil Dorrill; -'-li.t.nt County Manager, Terry Virta; Co..unity Develop.ent Ad.iniltr.tor, Le. Layn.; ZOning Director, Ann Ober. Plann.r, Toa ~uck; Public WOrke Ad.iniltator, Toa Crandall; Utiliti.. Adaini.trator, araa. Und.rwooð. Adaini.tr.tiv. Aide to the Board, and Deputy Chief ~yaond Barnett; Sheriff'. Depart..nt. ".." ·cor. (ì84w~ 22Z paqe 1 -,....---~- 4 ___JII J L 11411"'_ . ........._--""".._,-,,'"""1- ~tJ~':.~~'" .\k "~ ~~ :':^;<~.; )~: "f'¡ ¡V{, ·"S .~ f-~t. ,.,..;,.,,,,,,_.,-,._.,..,....'"", - ~ "".",,",,.-,,,-,. ,,,._-~.~-~--.-.-.~,------ m~ 084'1<,227 November 13, 1984 Tape tl Ite. tl AGENDA - APPROVED AS AMEøDED eoa.ieeioner Kru.. .ovod; .econded by Co..i..ion.r Holland and aarried unaniaou.ly; that the agenda be approved with the fOllowing a_nd_nt. I A. 5C - Presentations to out-going Commissioners _ Added by County Manager. D. 9A(3) - R..olution c~rr.cting P-R4-191 _ Added by County Manager. c. 9A(1) - Lea.e agreement for Sheriff's Golden Gate Substation - Added by County Manager. D. 9D(1) - Water Facilities acceptance for Giant Furniture warehou.e and showroom - Added by County Manager. E. 9E(1) - Reappoint~ent of Fair Board ~embars _ Added by County Manager. F. IDA - Pir5t a~endm.nt to Beach Ace... Facilities Agreement between Collier County and'Shelter Seagate Corp. and Westinghouse Communities of Naplcs, Inc. - Added by County Attorney. G. lOB - ResOlution to .ettle lawsuit between Venetian Bay Constructors, Inc. and Collier County _ Added by County Attorney. Co..i.eioner Piltor .oved. .econded by ea..i.sioner Vo.. a~~ rail.d 2/3. Coa.is.ioner. Holland, Kru.e and Brown oppo..d. to continue election of Chair.an and Vice Cheir.an until 11/20/84. It.. .2 PROCLAMATION DESIGKATI"G NOVEM8~R 18-24, 1984; AS ·COLLIER COUNTY FAMILY WEEK- - "'DOPT~D Co..i'lioner Pi.tor .oved, .econd.d by Co..i..ioner Holland and carri.d unaniaously. that the Proclaaation d..i9nating Nove.bar 18-24; 1984 al ·Collier County Fa.ily We.k· ba adopted. :::::J ---.,. .",...~- .~"" , --~' -_.."'~---~-,. ., ~r.o(, 084 ~I'·r 229 It.. U Nov..ber 13, 1984 . ~TIOIr DUIO!!ATI.a IIOVBMIU 18-24; 1984; AS ·'AJaIIWOUIU' WD1t- _ ADOPTED eo.ai..ioner Irown ao.ed; .000000ed by eo.ai..ioner Kru.. and carried uaaniaou.ly; that the 'roala..tion 4..i9natift9 ~..ber 11-24; ltl4, a. -'.r~rk.r.' W.ek- be adopted, ~"" /" Page 3 :::::J :::::::J _I....,"'~~·· _....._'..;,._.,;_...,~ "'""'''_'_'~_,M''"''''''_''''''''~_ ~'·"""·"""'<-<;"..ù~~,.""",=""',,_, " "'""--~"""""'''''''''"'''~''--'''''~'- -,'--....~,.. _...'~.~.....'._"'".~~.. """"~= !W 084-r:.. 231 Nov.~ber 13, 1984 It.. '4 PaEBDTATIOIf '1"0 OUT-GOI.O COMMI88Ioto:U ~RUS!!: AND IlROWIf Co..i..ioner Holland pre..nted a plaque to Com.i..ioner KruI. in appreciation for her tera a. a Commi..ioner from 1980 through 1984. Com.i..ioner Holland pre.ented a plaque to Com~i.lioner Brown i~ appreciation for hi. term. as a Co.missioner fro~ 1952 through 1954 and 1972 through 1984. C~~ml..ioner Holland pre.ented Co..i..ioner Brown with a gavel lnscribed with his name to u.e at this meeting and to ~"" keep. Ite. IS ORDUMCI 84-82 RB PETITION 10-84-21 Il.IOUISTI.a AMDDMBItt' '1"0 SECTION 7.23, C-4 DISTRICT BY ADDI.G RETAIL SALI OP PROPAKE AS A PROVISIOBAL USB - ADOPTED Legal notice havin9 been published in the Naples Daily New. on October 24, 1984, a. evidenced by Affidavit of Publication filed with the Clerk, public hearing wa. opened to con.ider Petition ZO-B4-21 requesting amendment to Section 7.23, C-4 District by adding retail .ale of propane a. ft provisional use. Zoning pi rector Lftyne said a similar petition was heard by the Planning Commission in June and July but with retail sales as a principal u.e. She .ald the Aoðrd denied that petition and requestcd Staff to look at retail .ales of propane as a provisional use rather than a principal use. She said u~der the prior petition, if it were approved, retail sales could go anywhere in the C-4 District, but under this proposal, each retail sale of propane would be con.idered on it. own .erits and individual stipulationl proposed accordingly. She .aid thp IAPC and CAPC held their public hearings and recn.m~nd~d forwArding this petition to the Board for approval. The fOllowing persons spoke against Petition ZO-A4-211 Mr. George Keller. President. Collier County Civic Federation. Mr. Mike ZewAlk, of North Naples Civic Association. Co..I..Ioner VO.. .oved, .econded by Co..i..ioner Kru.. and carried unani.ou.ly, that the public h.arin9 be clo.ed. Co..i..ioner Vor.. .eved, ..condeu by Co..i.sioner Kruse and carried unani.euIly, that the ordinance a. nu.bared and entitled balow be adopted and entered into Ordinance Book No. 191 Page 4 -~ -'C.. '.~"'''~,f',~ L I: ,·,ao___e,__...,..""o., ,,'.... "........^...._,.,",.~~".~.,~"'''''~-- r-::J rï It· ..·~l November 13, 1984 O~DIIIANC!!: 84-82 Alf OJll)IIfAlfCE AMlnmIN'O O~DI.AIfCE 82-2; T'ftE COMPJlEHOBIVE ZOtfUO QOUJ..AT I 0.11 P'O~ T'ftE utfIIfCORPORAT1!:D AREA or COLLII~ COt11fT't BY AH"DING 8ECTIOII 7.23 b (J) C-4 COflO(ZRCIAL OUERAL BY ADDIJlG IlnAIL SALD or P"C>PANE AS A 'ROVI8IO_AL USE, AlfD BY PROVIDIlfG AN ZrFECTIVE DATE. Ite. f6 OJll)IlfANCE 84-83 Q PITITIOW SO-84-22 RBOUE8TIIIO AMEN'DMENT OP SECTIOW 7.7, -JtO- DIST~ICT BY LIMITIlfO OVERlfIOHT LODOIIIO 'ACILITIZS TO NO MORE THAN 15' or T'ftK TOTAL DOCKS AVAILABLE P'OR SAID US!!: _ ADOPTED Legal notice having been publilhed in the Naple. Daily New. on October 24, 19A4, as evidenced by Affidavit of PUblication filed with the Clork, public hearing was opened to consider Petition ZO-84-22 reque.ting amendment of Section 7.7, "RO" Oistrict by limiting overnight lodginq facilitie. to no more than 15\ of the total docks available for said ule. Zoning Director Layne said that during Site Plan review of the Marco Island Yacht Club, Staff was directed to consider an amendment limiting the numbor of lodqing units for ~ yacht club. She .aid .everal members felt this project should havo been limited to 10-15 unit. and that a definite limit .hould be .et. She said .ince the nUllber of docks allowed will vary. Staff i. recommending that 15\ be u.ed for tho detormination of the 'maximum number of unit. allowed, for example I 84 yacht or dock slips times 15\ equals 12.5 or 14 lodging unit.. She said the IAPC and CAPC held their public hearings and reCommended forwarding this petition to the Board for approval. Responding to County A~torney Saunders, Ms. Layne said thAt prior approved developments would not be affected by 'thiå allendment to the /', '.',' Zoning Ordinance. Co..i..lon~r Pistor .ovId, .econded by Co..i..ioner Holland and aarrlld unaniaously; that the public hearing ba alo.ed. Co..i..ioner Pi.tor .ovid; .econded by Co..ia.ioner Vo.. and carried~4/1; Co..i.aioner ~ruae oppoaed; that the ordinance a. nu.bared and entitl.d balov ba adopted .nd entered into Ordinanc. Book .0. 19, ~AJilCE 84-83 Ite. AN ORDIIIAlfC! AMEllDINO ORDIIIAllCE 82-2; T'ftE OOMP~IVE SO.IRO REOULATIOIIS FOR THZ utfIlfCOIU'ORATBD AREA OP COLLIEJt COUIITY BY AMODIlf/O SECTION 7.7 (b) (3) (n) RECREATION OPO S'ACE DISTJtICT BY LIMITI_O lfUMBI!:R or OVERIIIcnrr LODOI.O utfITS TO 15' OP TOTAL DOC~S AVAILABLB, AND BY PROVIDI.a AN BP'PBCTIVE DATE. t7 ¡ ~co(, 084f ".232. Page 5 ~....,...". c-.....--_...~_-.· ,......,.'..,.""',¡...;,.~ -,_.,",."..",,~,~_. ., " "~..,,,., o,.'.___...._..._.._~______ !.co'" OMrn233 November 13, 1984 PETITION ~-84-13C~ MICR.UL J. VOLPE; g'RUnTIMO DOMENIC D'AOOSTI IlEQUltSTI.a REZOIU_O PIt!)M OC TO C-2 FOR PROPl!:RTY LOCATED OR Tß1I: SW COIUßIt 0.. OOLDa GATB PARJOfAY A1ft) C.R. 951 - DENIED Legal notice having been publi.h~d in the Naple. Daily New. on September 21, 1984, a. evidenced by Affidavit of Publication filed with the Clerk, public hearing wa. opened to con.ider Petition R-84-13C, filed by Michael J. VOlpe repre.enl:ing Domenic D'Ago.tino, reque.tlng tezoning from OC to C-2 for property located on the SW corner of Golden Gate Parkway and C.R. 951. ~~ Planner Ober explained the objective of this petition i. to develop a 7-Eleven Store and retail Ihop. as allowed in the C-2 Di.trict. She .aid all County Agencie. review thil petition and have no objection to it. approval .ubject to the 14 stipulation. li.ted on the Ex~~utive Sum.ary dated lO/lß/S4. She .aid Staff reviewed the petition and recom.end. 'denial for the rea.on. in the aforementioned Executive Summary, briefly, becau.e of the hazardou. inter.ection, the propo.ed rezone i. a classic .trip commercial shopping center and doe. not comply with the intent of the Comprehensive Plan, the number of acc~.. points doe. not comply with the Comprehensive Plan and, in the pa.t, the BCC ha. been adamantly oppoeed to rezoning any golf cour.e. zoned property. Ms. Ober said the C^PC held their public hearing and recommended to forward the petition to the Board for denial because o~ Statf'. recommen~ations. Responding to Com.issioner Voss, Ms. Ober said the .ite plan posted on the board 11 the .ame one the C^PC reviewed. Attorney Michael J. VOlpe, representing the petitioner. de.cribed the zoning of the .urrounding area a. to the north, C-4: to the .outh, GC: to the cast, Estates: and to the west, multi-family and C-4. He .aid because of Staff's concern regarding traffic conge.tion the petitioner engaged the .ervicel of Post, Buckley, Schuh and Jernigan, Inc., a traffic con~ultin9 firm, to addre.s the .pecific traffic concerns rai.ed. He .aid Mr. Gary Roberts of thlit firm was pre.ent to explain fact. of the traffic in that area. Mr. Roberts, Senior Tran.portation Planner, .aid his firm wa. retained by Southland Corporation to condlJct a traffic study for the impact of this rezoning on the adjacent street sy.tem. He described the manner in which traffic counts from Staff were obtained a. well a. a study of peak hour turning movements at the inter.ection. of c.n. 951 and Golden Gate Pðr~way and at 25th Avenue SW. He said it wes found Page 6 -_ :.:J L" ,",.,. .,..-....- '"""'~"'''' """'''.'''''' ....,""'...--...,."'...,-" ,;-,,,"-,,,~,-...... I - t I m ~ November 13. 1984 that C.R. 951 was operating .lightly loss than level servicø .C. c~pacity. which is desirable criteria used in the traffic business, He .aid one reason is that the road is an exi.ting two-lane facility and there i. a f~irly high left turn count at the intersection with Golden Gate Parkway and no left turn ha. been provided. He said that Golden Cate Parkway i. a four-lane divided facility that has significant capacity available and very little of that capacity is being utilitized at the present time. lie .aid there i. slightly over 20,000 _quare feet of floor area to be generated from the land to be rezoned and that the petitioner concurs with Staff that the site generated traffic would amount to approximately J,800 trips a day. lie said, based upon publication of the Institute of Tran.portation Engineers with this type of development of convenience stores, it has been deterMincd that approximately 50\ of the traffic that uses the facilities is already on the street as by-pas. traffic. lie said an analy.is was done of the project and the driveways as they access the .treet system and the deter~ination was made that the proposed facility will not .ignificantly impact eit~er C.R. 951 or Golden Cate Parkway. He said wl~h the four-lanlng of C.R. 951, to be completed within the next year, the new capacity for that road, including this project. will be le.. than 50\ of the capacity. He said on Golden Gate Parkway and on 25th Avenue SW approximately 25\ of the capacity of those roads are being utili zed. Mr. Roberts referred to the site plan for this project on an overhead board and explained one driveway is proposed on Golden Gate Parkway at the existing median opening which ties into the commercial u.e immediately to the north. He said on C.R. 951 approximately 180' from the property line southerly, there will be a re.tricted driveway which would allow a right-turn in and right-turn out, only, which meets the de~~gn criteria by Collier County as to the location of distance from intersections. He said between the right-in and right-out intersection there i. 100' to an all mOVOment driveway which will have one in-bound and two out-bound lane., on. lane for left turn, one lane for through movement to 25th Avenue and the right turn lane to continue south on C.R. 951. He said when warrant. and traffic volume. in the area have increased a traffic signal May be needed which would provide better acce.. from the petitioner'. facility and tb and from the re.idential hOmes immediately east of tho canal. Mr. Robert. .aid the petitioner concur. with the County Traffic ~COf. 084'1': 234 Page 7 -----...........~7l:: '--'--,--<"""!r"-'-.;o ....".."'...',;.",.... '. . ." ...., I _··.·...L,..._. ".~__...~..~....~."'.~... """.......''''''''.'''......''''''''''''''_ / mr. 0B4r¡·,235 I Nove~ber 13, 1984 Engineer aa to hil criteria reviewed with regard to the lite plan He aaid, as reque.tad by the Traffic Enginee~, the petitioner ha~oVided · north-bound left turn lane to be conltructed in the median of C.R. 9~1 which will align acro.. fro~ 25th ~venue. He laid the developer will participate when the traffic signal il warranted to go in at C.R. 951 and 25th Avenue. He .aid the developer hal agreed to the requested .treet lighting in the area. of the driveway. to clearly identify thol. acce.. points. Tape .2 """ Mr. Roberta aaid when C.R. 951 ia four-laned, a. the project il propo.ed. there will be a protected left turn lane with a left turn pha.e, re.tricted access with the right-in, right-out movement only, and con.olidation of driveway. on C.R. 951 to serve the entire parc~l with two curb cut., which meeta County criteria for a nu~ber of. acce.a points. He aaid froll studies his firm hal lIade on thil and other calel it has been deterllined that two accesses within a 600' distance for a community center of thi. size il warranted and not unreasonable. Mr. Jill Wood. representing John R. Wood Realtors, explained hi. fir. spent the better part of two year. selecting this site for the project and hal employed the finest professional experts to work on the project. He .aid Mr. Roberts' recommendations ,are safe and sound an" he urged approval of the petition. Mrl. Charlotte Westllan, repreaenting the League of Women Voters, laid she was not speaking for or against this petition but laid the League hal been a firm lupporter of the Comprehenlive Plan and i. concerned that th~ Compr«hen.lve Plan be enforced. The followinQ people spoke in opposition to Petition R-84-13CI Ms. Allee Reece, member of Golden Gate Estates Civic ASln. Ms. Georgia L. McKinney, member of Golden Gate Estates Civic Alln. Mr. George Keller. Member of Board of Directors of Golden Gate Estate. Civic As.n. Responding to tommislion~r Piltor. Mr. Volpe laid that Staff recommended if this petition was sent to the Board by the CAPC it be sent with the recommendation that the plan be limited to one access point on C.R. 951. He said the proposed site plan complies with. setbacks and parking but shows two access point. on C.R. 951. He .aid Mr. Roberts has addressed the concerns regarding traffic conqestion. He said that the developer has understood that strip COmmercialization related to the number of access points on an arterial and that Mr. Roberts has pointed out a center of thil size does permit, under the Page 8 ::J . ...·~.."'r~.'." L -.. ---"""...,..,._"-"..~"......_<" r-; r1 ~ November 13, 1984 County Ordinance, two accesa points on C.R. 951. CommIssioner pistor alked if the developer would consider paying to move the stop light on the northbound lane at Colden Gate Parkway south of the intersection of 25th Avenue so that the northbound traffic would be stopped louth of 25th Avenue and the .outhbound traffic would be stopped north of Golden Gate Parkway so there would be easier flow of traffic fro. 25th Avenue up to Golden Gate Parkway? Mr. Volpe said if the County determines there would be some relocation of traffic lignals ths doveloper would shara in the cost of that relocation. Commissioner Holland clarifIed that if the traffic liqh~ on the northbound lane were moved to 25th Avenue it would provide an easier flow of traffic. CommIssIoner Rrown alked If tho developer would defray the traffic lIght costs recommended by the County and Mr. Volpe responded affIrmatively, adding this could be included as one of the Itipulations. Comeilsioner Kruse alked If the 7-Eleven could be moved to the center or south end of the center rather than having it on the corner and Mr. Volpe 'said this would make a difference. Commissioner Kruse asked if the developer would commit to additIonal landscapIng from the minimal required to meet the ordinance, and Mr. Volpe agreed to an additIonal degree of landscaping so there would be an attractive entrance. During !urther dIscussion regarding moving the 7-Eleven from the corner, Mr. Chip Miller, real eatate representative of Southland Corporation, said that the building,could not be located at the other end of the project because galoline tanker trucks could not get in and out of the project and there would be no way for' the cars to get in and out. He laid it is critical for the 7-Eleven to be on the corner. County Attorney Saunders said County Manager Lusk has suggested that the developer should be required to actually pay for the improvement to the aforementioned traffic light which would define what il meañ( by "Fair Share". Mr. Lusk said he did not want to debate what it meant by "Fair SharoN later on with regard to moving the traffic light. Mr. Volpe said he has no idea what the cost would be. Public Works Administrator Kuck laid he would estimate the cost ~ould be approximately $20,000. Mr. Volpe laid the Staff's report indicates that 25th Avenue SW is going to be signalized in any case whether or not this project is approved or not when traffic warrants it. He la id, the Developer wou'ld work with the County on the item. 'r.of. Oß4.< ·'236 Page 9 c ....-."'-,..... "'.,,-.... ~..,'".'-'''''.'''....._'^'~ '.J , t\ ! :. I·,·; I';' . t ;, ,", I'~;· :'; '.~.' ,~:~<~ ~I ff r I L "'........_"--',.._'"-_._"""';,.,,,.;;.,,',.,'"~., ,., ...__.......,.,.......,...~,.......~_.__..._-~ ~CDr: 08.(.F1-" 2~ November 13, 1984 Co~~issioner Voss stated that his philosophy has always the CAPC unani~oualy turns down a proj~ct and if Staff recommends against a project, to go along with the CAPC and the Staff. He said he did not think the developer has said anything that has not been said to the Staff and CAPC. Mr. Volpe said that the CAPC and Staff concerns related to traffic and that the County Traffic Engineer made recom~endations but did not object to the development of the proposed project. Co~missioner Elect Max Hasse spoke in opposition to this project because of the possibility of continuing this type zoning south to 1-75 and traffic hazards. -:- Tape 13 Mr. VOlpe said the 'area is developing, is commerical, there are changes in the conditions and the deyeloper ia prepared to go along with reasonable st.ipulations. fie said t.he report. of t.he traffic consult.ants should satisfy the concerns of members of the public and the Commissioners concerning traffic. Responding to Commiasioner Pistor, Co~munity Development Adminis- trator Virta said that the number of curb cuts ~as only one issue Staff raised and that Staff'. argument i. that although the project meets the criteria in terms of points for commercial rezone within the , - Comprehensive Plan it does not .eet the intent of the Plan because of the strip commercial nature. Responding to Commissioner Kruse, he said the property i. being used, at the pre.ent time, for tennis courts and a golf cour.e and that would be Staff's recommendation a. a reasonable use for the property. He said this was part of the character of the overall plat for Golden Gate City when it was laid out and Staff thinks it is important to maintain that fabric. Mr. Volpe .aid,. the development will not change the fabric of Colden Gate and he repeated hi. interpretation that strip commercial- ization has to do directly with the number of curb cut.. He .aid if one of the stipulations is that access be limited to one point on C.R. 951 the developer would agree. Co..i.sioner VO.. aoved, .econded by Co..i..ioner Kru.e and carried unaniaou.ly, that the public hearing be cloead. Co..i..ioner vo.s aoved. .econded by Co..i..ioner Pi.tor and carried 3/2. that Petition R-84-13C be denied with the roll call vote a. follow.. Co..i..ioner vo.. Co..i..ioner Pi.tor Ve. V.. Page 10 '-::J " d ..-,.¡.; L.: ,- ~ ,.-' ~! '--..._...,-,~ r:---¡ m ~ Co..i..ioner Kru.. No Coaai..ioner Holland v.. Coaai..ioner Brown No November 13. 19A4 ····~ESSI 10106 A.H. RECONVENED I 10117 A.H.... Ite. '8 RESOLUTION 84-215 ~CATINa ABANDONED RIGHT-oF-WAV OF SURPLUS PORTION OF OLD U.S. 41 - ADOPTED Legal notice having been published in the Naples Daily News on October 28 and November 4, 1984, aa evidenced by Affidavit of Publica- tion filed with the Clerk, public hearing was opened to consider a request to vacate an ðbandoned right-of-way of surplus portion of Old U.S. 41. PUblic Works Administrator Kuck said this is a recommendation to dispose of a surplus portion of Old U.S. 41 between Wiggins Pass Road and C.R. 887. Mr. Reineke, Real Property Manager, indicated the location on a map. Mr. Kuck said that in 1973-74 the Florida DOT acquired the necessary right-of-way and four-Ianed U.S. 41 through northern Collier County. He said a portion of Old u.s. 41 was abandoned. He said in April 19A2, Mr. Charles Keer and Mr. Roy Whisnand, petitioned the County to vacate the abandoned sections of Old U.S. 41 between Wiggins Pass Road and C.R. 8S7. Ife said it was not until November. 1983 that Collier County received clarification and documentation from the Florida DOT transferring investing title to the old right-of-way to Collier County. Ife said "Lett~rs of No Objection" regarding this V^~^t nn h^v~ hep.n rp.ceived from thë Florida DOT and the appropriate utility companies provided that utility, drainage and right-of-way easements are retained over the easterly 75'. He said under this proposal Mr. Kerr would receive Parcel D and Mr. Whisnand would receive Parcels Band C. He said Staff recommends the abandonment of the excess right-of-way to Mr. Kerr and Mr. Whisnand and that the County retain~.asements for utility, drainage and right-of-way purposes. Responding to Commissioner Voss, Mr. Reineke indicated the ease.ent that would be retained, adding that title of the land will be transferred to the abutting owners. Mr. Dan Connolly, representing Mr. Kerr. requested approval of this proposal. Mr. Henry Maxant, Commissioner of North Naples Fire Station, urged the Commissionera to give consideration to obtaining a piece of 'GO,: []84 wr 238 Page II A .... c---...----- ~.,..,'-."'; --__01_..........__ , , ~co'. G84w.23,9 November 13. 1984 property in this area for a fire station. Coaai..ioner Pi.tor aoved; .econded ~ ea..i..ioner Rolland and carried unani~.ly; that the public hearing be clo.ed~ Coaai..ioner Pi.tor .eveð; .econded by co..i..ioner ~ru.e and carried unani~.ly; that ".olution 84-215 .acating abandoned right-of-way of aurpla. portion of Old U..~ 41 be adopted. -:- Page 12 --..-, ----' ::::::J --.- V_A~'r::--'-" , ,cor, 084 w~243 Ite. t9 November 13. 1984 QSOLUTIOtC 84-216 Q n-rITIOII CCCL-84-6C. .c. M. COU1n'lrEY; altA!lTIlifa " YAUAJlCB nOM COASTAL COIII'I'ItUCTIOIif COIITItOL LID FOR LOT 1; BLOCK 389; MA~ BZACß tnfIT 12 - ADOPTED L4gal notice ~aving been published in the Naples Daily New. on October 28, 1984, a. evidenced by ^ffidavit of publication filed with the Clerk, public hearing was opened to consider Petition CCCL-84-6C. filed by C. M. Courtney, agent for W. P. Crow, requesting a variance from the Co~øtal Construction Control Line for Lot 1, Block 389, Marco ~.... Beach Unit 12. Natural Resources Management Director Benedict .aid the objective of thia request i. to con.truct II single family residence and a pool a maximum of 109' aeaward of the Coa.tal Conatruction Control Line. He uid in April, 1984 the ,Board granted II variance for the adjacent property. He aaid the aubject property is located seaward of Tigertail Beach and is about 700' from the CuI! of Mexico. He .aid he saw no difference fro~ the last variance request and he recommended that the variance be approved. Co..iaaioner ~ruse aoved. seconded by co..isaioner Pi.tor and carried unaniaously. that th~ public hearing be cloa.d. Co..i.aioner piator .oved. .econded by eo..iaaioner Kru.e and carried unaniaoualy. that Reaolution 84-216 re Petition CCCL-84-6C De adopted. Page 13 .' "'-'''''~'-'' ---'~-J ~..·_,~·~,.""",.....t'::h'-·'";' L::..:."'l~ ."." " ''""''''''''*'"'''_~''''''~''-'''_"'''''''''''''''''_''O~'-*'·'''·'-O' ., ~.,. ,..~..,._«.""",---",--,,,,,-,,,-,-, ,. ~CD( 084w,! 247 November 13, 1904 Ite. no ItUOLUTIOIf 84-217 RE 'ETI'l'IO. AV-84-022; MICHAEL BIAL; VACA'l'I.a THJ: BAST 20' or LOT 11; BLOC~ 48 ABD ~{B EAST 20' or LOT 19; BLOCK 49; _EWMA~BT IUBDIVIIIOM - ADOPTED IAgal notice having been publi.hed in the Naple. Daily New. on October 28 and November 4, 1984, a. evidenced by Affidavit of Publication filed with the Clerk, publio hearing WAft opened to consider Petition AV-84-022 filed by Michael Deal, agent for Richard Johnson, reque.ting vacation of th ea.t 20' of Lot 11, Block 48 and the east 20' of Lot 19, Block 49, Ne~arket Subdivi.ion. Public Worka Admini.trator ~uck explained the purpose of this reque.t i. to allow the petitioner to consolidate property. He said "Letter. of No Objection" have been received from utility comp~nie. provided a utility easement Is grant~d over the propo.ed vacated portion. He .aid a portion of right-of-way vacated would be reserved a. a utility ~asement thereby .atisfying the utility companies. He aaid the WMAB, Zoning and Community Development Departmenta have reviewed and approved the petition. He said Staff recommend. that the Board approve the vacation. Mr. Micheal Beal, representing the petitioner, .aid he was present to an.wer que.tions of tho Commi..ioners. Coa.l.sloner ~ruae .oved. .econded by Coaal..ioner Pi.tor and carried unani.oualy, that the public hearinq be al0..d. Coaai.aioner ~ru.e .ov.d, .econded by Co.ai..ioner Pi.tor and carried unaniaou.ly, that Re.olutlon 84-217 re Petition AV-84-022 ba 4dopted. Page 14 ~--~} ~'-"--"~:~\-'~,"'('t"; L:~'''' .....'_,,'_,..;~"',._,,___o<\,,'_........_...._ ..~ """'---,.----.- ,.'~,--.._,~......"',><--"...".-....,~''''"..,,''"''....~~'' "'",,-,------ -""--",-"._",.,.,.,,,_.~,,,,",">,,.,-_....,,,-,"=. " ðCOf, û84 '1'.,249 November 13, 1984 Ite. Ui RESOurrIOIf 84-218 RE PETITION V-84-23C; ROBERT E. STETKÞICZ; REDUCIlfO PJtOIrT YAM 8ETL\C~ FOR PROPERTY' LOCATED AT THE SW COMZR or SOLL STREET 1oJIt) 6TH AVElIUZ BW - ADOPTED Legal notice having been publi.hed in the Naple. Daily NeWlon October 28, 1984, a. evidenced by Affidavit of Publication filed with the Clerk, public hearing wa. opened to consider Petition V-84-23C filed by Robert E. Stetkewicz requeating reduction of the front 1~rd aetback in an eatate. zoning di.trict from 75' to 43' for property located at the louthwelt corner of 5011 Street and 6th ^venue SW. Zoning Director l.ayne .aid the petitioner has a conforming 180' wide lot with the ealtern 30' part of the 60' right-of-way for 5011 Street. She .aid this il a corner lot, therefore, two front yard aetback. of 75' are required and two aide yard aetbacks of 18' are required. She aaid if this lot were' a non-conforming lot of 149' or lela frontage an adminiatrative variance to 25' could be granted. She aaid, baaed on the atandard. that mUlt be reviewed by Staff and the Board, Staff mUlt recommend denial of the petition. Responding to Commiasioner Kruse, Ms. Layne aaid if the petition, is granted, the hOUle the petitioner intends to build would be further away trom the neighboring home on the weatern property line. She aaid if this was not a corner lot the petitioner would have only one 75' letback on the front and two 18' .etbacka on each aide. Mr. Stetkewlcz, the petitioner, laid this requelt doel not take anything /lway from the right-of-way of the road. He laid he propoaed to build a "wheelchair" houae. ComNisaioner piator Fointed out if the request ia denied the houae could still be built. Mr. Stetkewicz said if the position of the house is changed there would only be 59' left and the house is 64' long. He said aelthetically this would make the house the only one to be "bunched" up against the house on the western lide of it and would be positioned differently from all the other houses on the street. Ms. l.ayne said if the house was turned around Mr. Stetkewicz would be facing the other street and that is not the direction he wants. Commissioner Holland said ho could sympathize with the petitioner because of the corner lot restrictions. ^ discussion followed comparing this lot with neighboring lots. Co..i..loner Kru.. .oved, ..conded by Co..i.lioner Holland and carri.d un/lnl.øully; that the public hearing be clo.ed. page 15 '..'=:J ',-".". .,-",c-,,,,,,, L. ..t ~ r-.J ~ November 13, 1984 CO..i..ioner Kru.. .oved; ..conded by co..i..ioner Holland and carried 4/1; Coaai..ioner Pi.tor oppo.ed; that Re.olution 84-218 re Petition V-84-23C be adopted. '0 -.. ~GO< Q84 rn 250 Page 16 -' ~"""'. V J ðCOr. 084rn253 Nove.ber 13, 19R4 It.e. 112 PETITIO. TR-84-32C; DOLORES 'ILOT1r; RE TEMPORARY RESIDENCE PERMIT ON r: 150' or TRACT 79; U1(IT 35, OOLDP GATE ESTATES - DENIED Co.~unity Develop.ant Ad.ini.trator Virta .aid thia i. a reque.t of Dolore. Pilote for a Te.porary Residence Permit to utilize a travel trailer on the property during the con.truction of her ho~e in Colden Gate Eatate.. He aaid the ordinance which allow. auch a per.it ha. two factor. that have to be conaidered, which are the location i. auJ(tici_ ently remote to juatify the per~it to prevent looting or damage and the location ia aufficiently iaolated so as to make temporary reaidence de.irable in order to provide immediate protection in the event of fire or other natural disa.ters. He said the property i. located on 6th Avenue, S.W. 1/4 .ile west of 1-75 and 1/4 .ile north of Pine Ridge Road and becau.e of that location Staff recO~mends denial. Ms. Dolores Pilote, petitioner, said the reason for thi. request is to store tools and to spend times overnight when there are expensive material. on the ground. to prevent theft. Co..i.aioner Vo.. .oved, .econded by Co..i..ioner Pietor and carried 4/1, Co..i..ioner Brown oppoaed; that Petition TR-84-32C be denied. Ite. 113 RESOLUTIOK 84-219 INCREASING ZONING PEES FOR REZO~S. DRI'S AND PROVISIONAL USES - ADOPTED Community Development ^rlministrator Virta said thio is a request for a resolution incr~asing the filing fees for rezones, nRI's and provi.ional uses. Hft .aid th...t th.. ~"...m\l...ity O"....lof'mlOnt [livision operate:: in excesl! of 90\ on revenues derived from user fees for the.e types of considerations. Tape t4 Mr. Virta said, although the increases arc significant, they are far below those found for .imilar types of petitions in Lee County and below the actual cost to Collier County to proces. these petitions. He .aid that Staff recommends approval. Co..i..ioner ~ru.e .oved. .econded by Co..i..ioner Vo.., that Re.olution 84-219 increa.inq zoning fe~. for rezone.; DRI'. and provi.ional u.e. be adopted. Co~missioner Voss asked why the whole amount of the review is not charged and Mr. Virta said that it was the opinion of Staff that becau.e there has been a lower fee .0 long, to increase to the level Page 17 '......."1 .~-.... --' ..._-,.....--~~JHl...~H"( C ' ~'"''.........,'~'.,''' ._,"."~'.'"'''''' '~""-'''''''-"'.-- ""."'""....., ,..~ -- ~- ---- ! ~ November 13, 1984 that would be .ufficient to cover the cost the "shoc~· would be too great.. 110 said St.aff will continue to monitor what the costs are and a. the figures are refined Staff will lIa~e the noard aware of them. Re.pondlng to Commi.sioner Voas, Mr. Virta aaid that rezones do not pay their own way in term. of what is received in return for them. Com~IDsloner Voss said Staff should t.a~e a good loo~ at this matter agaIn and if rezoning i. a net 10.. operation the fees should be brought up closer to the cost. Commi..loner pi.tor asked if it is necessary to. have the number of Staff outlined on the Execut.ive Summary dat.ed 11/8/84 involved in the rezones? Mr. Virta .ald It was .ince there are a number of different area. being examined and he explained the different area. reviewed. Commis.ioner PIstor as~ed if every provisional use ta~es a. much time as listed on the Execut.ive Summary and he wondered if charging the reque.ted amount for some provialonal u.e. is right? Mr. Virta said that the recommendation on provisional uses is a flat fee whereas the recommendation for rezoning is a flat, fee plus an acreage amount so the amounts are different. l1e said Dome of the same type. of factors for provi.ional u.es have to be examined a. for reZOne pet.ition.. Upon call for the question, the .otion carried unani.ously. ~ ".." !CG~ (}~F ~~ Page 18 ""';_""""___-~.,~__..__"·_e ..__..._~_ ".----- .; C"'"! t.,~~J November 13, 1984 Ite. 114 RESOLUTIO~ 84-220 CORAECTISa RESOLUTIo. 84-191 LEGAL DESCRIPTIO~ _ ADOPTr:D Community Development Ad~inl.trator Virta said thia is a recommendation to adopt a reaolution correcting Reaolution 84-191 by correcting the legal delcription to read Pierce SUbdivision, Block 1, Lot 16 through 18. fie .aid Staff recommend I approval. Co..ia.loner Kru.e .oved; ..conded by Co..l..ioner Pi.tor and carried unaniaou.ly; that ft..olution 84-220 correating Re.olution 84-191 1e981 de.cr ipt10n be adopted. " .. lCO( '(]84 PAr.r 256 Page 19 --... c r-----> \" ; It.. US ~ November 13, 19A4 ~ LEASJ AOREEMs.T WITH TEJUlACE PARTlIEJU!I FOR SHEIUrr'8 GOLDn GATE BUB"'ATION - APPROVED Co..i..ioner Pi.tor .ov.d; ..cond.d by Co..i.eioner ~ru.. and c.r~i.~ unani.ou.ly, that the 1.... .gr....nt with Terrace p.rtner. tor the Sh.riff'. Golden Cat. Sub.tation be approved. "..;. " .. ~co~ Oß4,rQ 2.58 c--"~ Page 20 ,.~. ;~'" ~;ì\t I ;~~ (': r ¡ , I I' ¡ ,';; i~" _ 'f"J I.~ <';' ~f.~jt ~t~;: ~ .-,:",~.:j ;=.... -1 November 13, 1984 It.. tl6 WATlUt FACILITIES FOR OIMT f'lIR1fITtJRE WAUHOUSB Alf ) SHOWROOM _ ACCEPTED Utilitie. Admini.trator Crandall .aid thi. i. a requeat for acceptance of the water faciliti.. tor the Giant Furniture warehoule and .howroom. Co..i..ioner ~ru.e .oved, .eaonded by Co..ia.ioner Piator and aarried unaniaou.ly, that the water faciliti.. for aiant Furniture warehou.e and .howroo. ba accepted. " ... ".." HoOf. œ4w,r Z76 Page 21 :'1: ,-.-,.",,,,,",-- eoo~ 084r:o'283 It.. 117 OPrICKIUJ NrD I!IOAJU) OP DIRECTORE TO COLLUR COUJrTr PAIR NrD EXPOSITIOII ItZAPPOIØTED AS APPOINTED AT 10/23/84 ace MEETING November 13, 1984 Coa.i..ionar Kru.. .ovad; ..aondad by Co..i..ioner ,i.tor and carried unaniaou.ly; that the following offic.r. and Board of Director. to tha Colli.r County Pair and Bxpo.ition be reappointed a. appointed at the 10/23/04 BCC ..ating, Mr. Bill Hill. pre.ident Mr. John Garguilo, Vie. pre.ident Mr. Donald Lusk, Treasurer Ms. Jo Selvia. Secretary ~- Board of Directorsl Mr. Ji~ O'Connell, of Kiwani. Club of Naplea Hr. Willie ~thony. of Opti~iat Club of Naplea Mr. Donald Pickworth, of Collier County Bar A.sn7 of Naplea M.. Nina Ribinski, of Collier County ~chool. of Naples Mr. Drew Wenzel. of Rotary Club of Immokalee It.. 118 RESOLUTION 84-221 R!: FIRST AHEI'I'DHImT TO BEACH ACCESS FACILITIES AGR!:EHI!:1rT BETWEEH COLLIER COUNTY MD SHELTER SEAGATE CORPORATION MD W!:STI.GHOUSE COHHUNITIES or NAPLES, INC. PROVIDING TIME EXTENSIONS FOR BOARDWALK AT CUJoI PASS PAItX - ADOPTr:D County Attorney Saunrl~rs explained thi. amendment extend. all the timea limits by .ix month. in the Beach Access Facilities 'Agreement. He .aid the ti~e ia n.eded due to litigation filed by property owners to obtain environ~ental permitting for the dock-boat-dock ay.tem and the boardwalk accesses for Clam Pa.s Park. Mr. Saunders said the amendment also recognizes that Can-American Seagate Corporation has been merged into Shelter Seagate Corporation and thi. agreement approves that merger. He .aid Shelter Seagate Corporation assumes all of the obligations of Can-American Seagate Corporation. Co..i.aioner Voaa .ov.d, ..c~nd.d by CO..i..ion.r pi.tor. and aarried unani.oualy, that Re.Olution 84-221 r. Pir.t Aa.nd.ent to Beach Acca.. pacilitie. Agr....nt batw..n Collier County and Shelt.r Seagate Corporation and We.tinghou.e Co..unitie. of ..ple., Ina. providing exten.ion of .ix .onth. ba adopted. Page 22 .' "', \ ¡ } :, ---..-, ::::::J ,."'~-~_.;-' t:::' ".....--- ~ t ...~; '.~, . ~ :'" -.. 4 November 13. 1984 It.. n 9 RESOLUTIOK 84-222 ACKØOWLEDGI"G V!NETIAM BAY CO"STRUCTORS; INC. AS BEING QUALIFIED TO BID O. COLLIER COUNTY PROJECTS AND SETTL:NO LAWSUIT S!:T'W!t'f VBCI AND COLLIER COUNTY - ADOPTED County Attorney Saunders explained this is a recommendation' authorizing settlement of the lawsuit of Venetian Bay Constructors, Inc. v. Collier County, various County Commissioners, Neil Dorrill, as an individual, and Heery Program Management and other Heery Corporation.. He .aid the Case No, is A3-06580C^-Ol. He said this law.uit involved an award of a bid to the second low-bidder on a Justice Center contractor and Venetian Bay Constructor~, IncL filed suit alleging the County had violated County policies and various rules and regulationa dealing with competitive bidding. Mr. Saunder. said thi. resolution would requiro the County to pay no money, however, it states that, based on new information submitted by Venetian Bay Constructors, Inc., as of this date Collier County would consider Venetian Day Constructors, Inc. as qualified to bid on a County project if such a project was before contractors today. He said the County does not ac~nowledge an error in the award of the original contract two years ago. ·He said Venetian nay Constructor., Inc. is releasing all County defendants and the County but it is reserving its rights to proceed against Heery Program Management or any other Ueery Companies that may have failed in their investigation of Venetian Bay Constructors, Inc. He recommended the re.olution be approved and once it is he .aid there will be a Speci~l Limited Release executed by Venetian Bay Con.(ructors. Inc. and a Notice of Voluntary Di..is.al with Prejudice. Co..i..ioner ~ruse .oved; .econded by Co..i..ioner Pi.tor and aarried unani.ouoly, that Re.olution 84-222 acknowledging Venetian Say Con.tructor.; Inc. a. baing qualified to bid on Collier County projecte and .ettling law.uit between VSCI and Collier County ba adopted. -;. " !COf. 0S4wr288 paqe 23 "',,^,,^,,-,--~'~~"-""''''''''''~;'¡''''~'''''''''''~''''-'-"''''''''"''''-"'''''"'---.,..-----....-.. tce< 084 w.~291 Ite. .20 ~In B I LLI - "PPJtOVED PO. 'AYMmI'I' November 13, 1984 pur.uant to Resolution 81-150, the throuqh November 9, 1984, in payment of Cn!CK DESCRIPTION CHtCK following chec~. were i.sued routine bllhl NOS. AMOUNT Vendor 111962 - 120000 $1,781,932.45 Ite. .21 0:.... JIO!I1)S PO. IrEWLY ELECTED COMMISIIOtfEM - "'PROVED Pi.cal Officer Oiles request.d approval of $2,000 Bonds for Commi..ioner Pi.tor, Commis.ioner tlect Goodnight and Commi..ioner El.ct Ha.... Co..i..ioner ~ru.. .oved, .eaonded by Co..i..toner Holland and aarried unani.ou.ly, that the $2,OOO·Bond. for the newly elect.d Co..t..ioner. be approv.d. Page 24 ~, -.... ~ .....-.. '--. . -,..." .'1: ,~"." ...._,.~;~_.,"'...',...-,",,,",,',,,_, '..~.. ,;",__._~ '''''''''''''''H'...' "'_"_.""".'~ ,-,-, ,..,......,,_.".... \ !COf. Ü84 rlr.c295' November 13, 1984 Ite. '22 BUDGET ~XMTS 85-53/56 - ^DOPTED Coaai..ioner Holland .oved. .econded by Co..i..ioner Pi.tor and carded unani..,).\..ly. that Budget Mend.ent. 85-53/56 ba adopted. Ite. .23 COMMISSIONER HOLLAND ELECTED AS BCC CHAIRMAN FOR ONE-YEAR PERIOD, COMHISSIOIfER ELECT OOODlfIOHT ELECTED AS acc VICB-C1L\IRM.a.1f FOR ~YEA.R P1UtIOD ClerK Reagan opened no~ination. for Board Chairman for a one-year period. Ue ./lid the nomination. need not be .econded, according to Robert. Rules of Ordor and if ~ore than one no~ination i. ~ade the fir.t nomination will be voted on first. Co..i..ioner Pi.tor aoved; .econded by Co..i..ioner Vo..; that CO..i.eioner Vo.. be elected Chsir.an of the BCC for one year. Co..i.eioner ~ru.e .oved that Co..i..ioner Rolland ba elected Chair..n of the BCC for one year. Co..i..ioner Pi.tor aoved; aeconded by Co..i..ioner Vo.. and aarried unani.ou'ly; that the noaination. ba clo.ed. Upon call for the que.tion for Co..i..ioner VO" a. Chair..n. the .otion failed 2/3. Co..i..ioner. HOlland. Kru.e and Brown oppo.ed. Upon call for the que.tion for Co..i..ioner Holland a. Chair.an. the .otion car red 3/2, Co..i..ioner. Pi.tor and VO" oppo.ed. coaai..ioner Kru.e .oved that Co..i..ioner Pi.tor ba elected Vice-chair.an for on. year. Commissioner Pistor declined. Co..i..ioner Kru.e aoved that Co..i..ioner Elect Goodniqht be elected Vice-Chairman for one year. Coa.i..ioner Pi.tor aoved that Co..i..ioner Vo., ba elected Vice-chair.an for one yeal. Upon call for the que.tion for Co..i..ioner Elect Goodnight a. Vice-Chair.&n; the .otion carried 3/2. Co..ie.ioner. pi.tor and Vo., oppo.ed. It.. '24 IU!:SOLUTIOR 84-223 TO DOT IU!:OUBSTINO -LAST EXIT- SIOtf BEFORE C.R. 951 AND 1-75 EXIT - ADOPTED Commissioner Kruse said she added this item at the request of people of Golden Gate who aSKed tho Board to pursue placing a MLast ExitM sign before C.R. 951 and 1-75 exit since there i. no warning that there are no facilities for the next 87 ailes. Page 25 - Î ~~ ---- _J ·,-------:-'·c"· ~."'""""-_....._'"- ~ '-"-"'-"'-""<_."'-'''''''--''''-'--',"'-''_~~'''''''' c::::J CJ ~_1 November 13, 1984 Co..i..ioner ~ru.e .ova4; ..aonded by Co..i..ioner Va.. and carried unaniaou.ly; that Ra.olution 84-223 to DOT reque.tinq a -La.t Ixit- .iqn before C,R. 951 and %-75 exit be adopted. RESOLUTION NOT RECEIVED IN CLERK OF BOARD'S OFFICE AS OF NOV. 19, 1984. "" -;. m~ 084 w.r 296 '·"""'-"·'<"""H,.";·"·,,,,,,,,,,·'HWiI""'~"''''.'''''''·'',,''",I''''''''''''''''.I'JI<.'.".':'."'",,,,,,.,." tcG~ Q84.rl,,'297 Ite. .25 November 13, 1984 REQUEST 10ft BUDGET MElfPMEl'IT IUI; OBJECT COD!!: 451 lOR AUTO FLEET INSURANCE lOR BflERIPP'S DEPARTMENT - APPROVED ^s.iatant County Manager Dorrill laid thil il a request for a budget a~endment becaule the Sheriff hal experienced an increase of approxi~ately $15,000 in the automobile liability in.urance premium. He said the Sheriff's Departaent has made considerable effort to negotiate a reduced price for thi. in.urance over the original ;~ increa.e. He laid the Sheriff il requesting approval of a budget amendment from the General Fund Contingency to move approximately $15,000 into hi. Object Code 451 to cover this increase. Co..i..ioner Kru.. aoved, eeconded by Co..i..ioner Rolland and carried unAni.ouIly, that the reque.t for a budget ...nd.ent re Object Code 451 for $15;000 for auto fleet in.urance for the Sheriff'e Depart.ent be approved, Ite. . 26 PftOPOSED ORDINMCB bY AMERICM PIS'ML . RIFLE ASSOCIATIOIf RELATING TO ALL FIREARMS - ACCEPTED AND REFERRED TO COUNTY ATTORN!Y TO REPORT BAC~ TO 8CC Mr. Paul lIof, flllan repre.entative of the Local Chapter of the ^merican pistol and Rifle As.ociation. requ~sted that the County ^ttorney be directed to prepare the proposed ordinance rel~ting to all firearms included in the back-up material of the agenda. Co..i..loner 8rown .oved that the County Attorney be directed to accept the ordinance and take. cl0'. look .t it. The .otion died for lack of a .econd. Commissioner Pi.tor laid that the proposed ordinance ha. definite indications that may infringe on the County authority and State regulations and that he was he.itant to pass the ordinance as pre.ented, though he knew the ordinance was not being passed this date. Coa.i..ioner Kruae aoved, .econded by Co..i..ioner Pi.tor and' aarried unaniaoualy. that the propo.ed ordinance by the Aaerican piltol . Rifle A..ociation relating to all firear.. be accepted and referred to the County Attorney to report back to the 8CC. Ite. .27 RESOLUTION 84-224 ESTABLISHING THAT A NUISMCE EXISTS ON LOT 40, BLOCK A. CONNER'S VMDERBILT BEACH ESTATES tmIT 1 - (JEAN LACROIX) ADOPTED Zoning Director Layne said a weed notice was .ent to Mr. Jean Lacroix on October 16, 1984, ba.ed on a letter received from property Page 27 L J ~ l 10 ~-~'L ,····,·,~..·"'"·,",···,·.·.;....._~"",._.._,.,,".·..._._"'"~_w""'__}<_,,*,,,,,..,..;;t.. \. " ...,-, ~ November 13, 1984 owners in the area. She said Staff loo~ed at the property and found it did meet the requirements of the weed ordinance and the letter asking Mr. Lacroix to abate the notice was sent. Ms. Layne said Mr. Lacroix sent a letter saying his lot is not a nuisance. Mrs. patricia Pilcher said the lot in queation is very much overgrown. She said that people in th neighborhood consider the petitioner's house and grounds adjacent to the lot to be more of a nuilance and eyelore than the lot. She laid there is debri. and garbage is left on the grounds which concerns the neighbors. Ms. Evelyn Lðwmaster, representing the petitio~~r, said that Mr. Lacroix, who lives in Montreal, Canada, told her by phone that he had just received the notice of this hearing this date and he was not able to arrange for other representation. She eaid that when the lots were completely cleared two years ago lomeone put a picnic table with benches on hi~ lot and people were picnicking on his private property, leaving trash behind. She said people de.troyed seaoats and other vegetation necellary to protect private property from beach erosion by using the lot. She said Mr. Lacroix feels that clearing his lot will again invite trespassers on his property which will destroy vegetation. She laid he wal against mowing the lot. Commissioner Voss laid that the ordinance states grass cannot be more than 18 inchea tall and this grass is taller than that. He said the ordinance has to be complied with. He euggested the possibility of arranging for "No Trespassing" signs to be placed on the lot. Commissioner Holland agreed with Commiesioner Voss, and he asked if luch signs had been posted in thé past? Ms. Lawmaster said that Mr. Lacroix put one on a tree once before. Ms. Layne said the ordl~ance states if the Board decides that a nuisance existl a resolution muet be passed declaring the nature of the nuisance, delcribing the lot and eerving a copy of the resolution to the owner who ahall have ten days to correct it. She said if he doee not, t~~ County will do it with the usual procedure. Co..issioner Holland .oved; .econded by Co..i..ioner Va.. and aacr'ed 4/1, Co..is.ioner Brown oppo.ed, that Resolution 84-224 e.tabli.hin9 that a nuisance exi.te on Lot 40; Block A; Conner'. Vanderbilt Beach Estate. Unit 1 be adopted. "CO,( G84w:2Qg Page 28 " c ~,,' " f 'ê ~ ',: .~" I', ¡""" ~':":': " .:t-,,'· f.~ ,~-;~:) ¡Ii.,; ¡~1" 1'f' :'¡,.;, "f" ~i1 ~ ,'it: I~!'j :' ~,.::', \ U :'~:" ':i ~': r._-J ¡_._J ¡:,. , 1 November 13, 1984 ···Th. follovin9 ite.. vere approved and/or adopted under the Con..nt Ag.nda by .otion of Co..i..ioner Kru.e, .econded by Co..i..ion.r Holland and carri.d unaniDOu.ly.... Ite. . 28 REQUEST POft Tl!:CmnCAL MSISSTANCE FROM SWl"RPC '1'0 DEVELO' SHALL CITIES CD8G APPLICATION Se. paq. _~ QS- It.. .a CAR!fIVAL PERMIT 84-6 RE PETITION C-84-5C, OUR LADY or GUADALUPE CATHOLIC CHURCH POR CAR!fIVAL FROM NOVEMBEft 21-25, 1984. Se. Page 30b Ite. 130 rLECTION RESULTS PO~ NOVEMBER 6; 1984 S.. P19" 30 7- 31j? It.. 131 APPROVAL TO DESTROY RECORDS IN FINANCE DEPARTMENT Soe Pag.. .3/9- 3ë+S" Ite. '132 BID 1764 RE IMHOKALBE PAM BALLrIrLD - AWARCED '1'0 BETTER ItOAl'S; ItfC. IN THI!: AMOUNT OF '375,484, CON1'INGENT UPON RECEIPT OF PEIlP'ORMA!ilCE BOND Legal notice havinq been publiahed in thð Naples Daily News on October 4, 1984, as evidenced by Affidavit of Publication filed with the Clerk, bids were recoived for Bid '7~4 for the Immokalee Park Ballfield until 2130 P.M., October 19, 1984. It.. 'JJ AMENDtŒNT TO AGREEMENT W/HEDICAL PERSONNEL NURSING SERVICES , CONTRACT AMDDKENT n '1'0 HRS RE CONTRACT HG20S POR "OHEMA~INQ/PERSONAL CARE SEJVICE8 So. Pa9U .3..:?" - ..3 3 ~ Ite. .34 COLLIER EMS SItLP I1fSURAJrCB PLAØ ALLOWIRG COtmTY '1'0 PAY SO\ OF EMS CHARGES WHD REQUIRED l"OR' COUtCTY EMPLOnES ABD/OR THEIR UISURED DEPDDrœTS AND EMPLOnBS TO PAY 20\ ~CM OB( r1~t 300 page 29 tL. -·,J'F';·""""'.«'"·'fl',__....";.J''''',^,,,,,,,,,,_'';'''''',·IU.,''''·''_'''''''''''_,,,,_".",,"..,.~......,~.. " ,-" '......... ~m" ."',_~.....; "-.,,.,.. ."~"""...,,~,, ",~""","""~,.' .'"'.........,_.... -~.'"'.._,,~. m~ 084w:301 Ita. '35 APPLICATION PeR A STAn: HISTORIC PRBSBRVA'!'IOtf ORNn' M1) COIl1'IRHATIOtf OF l'UIft)IRQ COMMITMmIT or $1;000 PLUS U;900 I.-~nrD PeR IDnTIFYI.O NrD 8U~I.O SIOIfIPICABT HISTORIC LJUfDMAMS or COLLIER COUNTY ... 'ag...':f 33 '''; :35/ November 13, 1984 It.. .36 DECLAUTION OP SURPLUS EQUIPHZUT NrD .a.UTHORIZATIO. PeR AUCTION ON DECEMBER 1, 1984 ~-. It.. 137 PAYHnT or COUNTY H!HBER 'IRVICI FEI PeR IfM'IONAL USN. or COtnn'II' 1M AHOUtfT or $1,204.00 It.. .38 'REPAUTION OP AOJUtEMß1' BETWEn COU1n'Y A1m '!'HE EDI'!'H COLLIER SPROUL TRUST TO RESOLVE HtrrUAL PROBLEMS TO BE SUBMITTED TO Bec AT tATER DATE Ita. . 39 BID '765 JUt ROADWAY PAINT - AWARDED TO FLORIDA STRIPItfO; ItfC. IN '!'HE AHOUIfT OF '5,000 BASED 0" ITEMS ACTUALLY JtEOUESTED MID RECEIVED BY TRANSPORTATION DEPARTMENT Legal notice having been publi.hed in the ~aple. Daily News on October 8, 1984 as evidenced by Affidavit of ~blication filed with the Clerk, bids were received for nid .765 for roadway paint until 2,30 P.M., October 24, 1984. It.. '40 PJUtLIMINARY ACCEPTMCE or LELY COUNTRY CLUB; TIHBERLAItE II, PLUS ORIGINAL 110' OUAR.Aln'EE SECURITY AS THE ONl-YEAR SECURITY Ite. 141 LEASE WITH ARTIFICIAL HORIZON, INC. AT IHHOKALIE AIRPORT S.. Peg.. 3.!i~. -~ ~ Ite. 142 LEASE WITH FInRIDA AEROLIOHTS; IIfC. AT IHHOAALn AIRPORT See pag.. 3{;..S-.3?7 It.. '43 LEASE WITH THE ~RGtADES PLYING CLUB AT ~RGLADES AIRPORT See Peg.. 37J'- 39ð Page 30 ;-"" L __ -- "'_., ,c-·· ., ,!,,'" c:::J L_..I .... ..1 November 13, 1984 Ite. '44 MISCELLAKEOUS CORRESPOØÐEØCE - PILED AND/OR RE~ERRED There being no objection, the Chair directed that the ~iscellaneous correspondence be filed and/or referred as indicated below I 1. Letter dated 10/22/94, from John J. Gilleland, program Coordinator, Florida Dept. of Commerce, re changes in the Economic Development Transportation Fund, plus copy of new rules, application forms and a list of DOT District Engineer Officel. xc, Mr. Kuck. Filed. 2. Notice received 11/2/94, from Bureau of Public Safety Management, Dept. of Community Affairø, re amendment to Competitive Funding Program providing funding for Juvenile Justice and Delinquency prevention. XCI Sheriff Rogers. Filed. 3. Notice received 11/2/84, fro~ Bureau of public Safety Management, Dept. of Community Affairs, re proposed Highway Safety program grant funds. XCI Mr. Kuck. Filed. 4. Departmental Reportsl Received and filed. A. Animal Control, September 1984: B." Collier County Museum, October 31, 1984. 5. Copy of notice,received 10/29/84, from DER, advising of limited .upply of f10odprone map. for area, plus copy of index map for individual quadrangle maps in this area. XCI Mr. McDaniel. Filed. 6. Copy of memorandum dated 10/25/84, from Richard W. Smith, Chief, Bureau of Wastewater Management and Grants, DER, re workshop scheduled 11/13/84 for proposed changeø to the Conltruction ~rants program priority System for Wastewater Treatment Work., plus copy of draft revisions and application and agreement form. for grants, and request for inclusion on priority list for~. XCI Mr. Crandall. Filed. 7. Copy of letter dated 10/29/84. from Richard W. Cantrell, Environmental Supervisor, DER, enclosing copy of Application No. 110948085 for dredge and fill activities. XCI Dr. Benedict. Filed. ~~ Copy of letter dated 10/24/84. from Earlene J. Williams, Land Records Specialist, Bureau of Coastal Engineering and Regulation. DNR. to Mr. Stanley W. Hole, re advance notice of expiration of Permit ~ile No. CO-26M, Rubhar Enterprises, Inc. xc, Dr. Benedict. Filed. 9. Reaource Alert Action Referral dated 10/25/84, for Case No. 840107 re fi.h kill in çanal. XCI Mr. Lusk and Mr. Boldt. ~ihd. ~co!, Oß4,rl',r 302 Page 31 ... IC '___"'_~"'~"'_"",_","""""'~"''''''''O>"_;''''''''''''''''';_'''I'''.'''''''''_''_<_;,_",,,~.,_~,_"o"_""'.",,,,,.,,_,,.,,_,,_,~ '_._"-'-~- .."--.......".",..~"^-,..,"-~ ,......."'._._,"'-~..-.'^..."........_..__._-"'..- ~co,: 08.4 w,~303 November 13, 1984 10. Copy of Notice of Hearing dated·l0/5/84, from Div. of Adminiltrative Hearings, State of Florida re Marco Shores PUD. Development Order 84-3. Filed. 11. Copy of ~inute. received and filedl A. EMSAC, October 10, 19841 B. CAPC, October 18, 1984 and agenda for November 1. 1984. 12. Copy of letter dated 8/15/84, (original not previou.ly received) from Mr. Walter Keller commending the Building Dept. and Mr. Joe M~gri for professionalism and a.sist~ce. XCI Mr. Lusk and Mr. Luntz. Filed. It.. 145 CERTIFICATES FOR CORUCTIOff TO THE TAX ROLLS AS PUS!l9'nD BY PROPERTY' APPRAISER TAKGIBLB PERBOffAL PROPERTY' 1984 1984-25/40 10/26-11/5/84 It.. '46 EXTRA GAIN TIME FOR IWMATES .OS. 15801. 25730. 40146. 26697. 43619. 41477 AND 45280 Ite. .47 DUPLICATE TAX CERTIFICATES ROS. 4871 AND 4773 TO GEORGE ~RAHER S.. pag.. ...39/-...3 7' ~ Ite. .48 ACCEPTANCE OF S~R F^CILITIES TO SERVE PELICAN RIDGE PHASE I Se. pag.. 37'3 - i'ð..6- Page 32 --, I C"::J :-:::J "" J[ ~-.pf'L ,A'~A·· ..< "".'~""""""'.'~ ,',"".......,"_,., _''''',..,~"''''',~''"...,,''''+<...<i-.,'''', "', .~_""_....!!__,'~n''''.'....' , ....____,......_...._.,.._._. ",."'_.._'~'...,""'~'.,,'~.'~.,'."'....w·~.·.,,~.'~ r=:J ~. j í._J November 13, 1984 * * * * Chairman Brown laid hs hal enjoyed being a Commissioner and that it was his fesling that much has been accomplished in a positive manner during hi. tsrml. He laid it il with con.iderable regret that he leaves. Hs .aid althouqh there has been .ome dilagreement from time to time on different cau.s. all the Commissioners have worked for the common qoal of advancing Collier County and making it a better place in which to live. There being no further bUlin.s., the meeting was adjourned by Order' of the Chair - Timel 11110 A.M. ", BOARD OF COUNTY COMMISSIONERS/ BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S), OF0 ¡', SPECIAL DISTR~C S UND~R tT ... fr ý)' :':.','."" 9Q.~~O~.c;("\ "":' n n ,/~l.)f(~ t;1~ l.,L'>.£. ~K L~ ¡.. , \<,,< '/Á~ ~':,~,' ~ ';"',<'~ DAVID C. BROWN, CHAIRMAN .:~;. ATTESTI WILLIAM J. REAGAN. CLr.RK N~~;·,~¡J.e. - ~..e lIinutn approved on 711'1/'·;( 7¡ /9f'1 as presented or a. corrected ~ "..," ~CG~ 084w.r 304 Page 33 ~~,v' -,.......~_..>~,~ "..' ....~."'",-",.,'". "".,-. . .