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BCC Minutes 10/23/1984 R - .. ., Naple., Florida, Oc :ober 23, 1984 LET IT BE REMEMBERED, that the Board of County Commissioners In and for the County of Collier, and also acting 18 the Board of Zoning Appeals and al the ~overning board(s) of such special districts al have been created according to law ~nd having conduct~d business herein, met on thil date at 9:00 A.M. in R.gular Sas.ion in Building "F" of the Courthouse Complex, East Naples, Florida, with the following members present: CHAIRMAN: David C. Brown V ICE-CIIAI RMAN: C. C. . Red" lIolland John ^. Pistor Frederick J. Voss Mlry-Frlnce~ Kruse ALSO PRESENT: Willldm J. Reagan, Clerk I Maurun Kenyon, Deputy Clerk; Neil Dorrill, Assistant County Manager; Durt Saunders, County AttorneYI Bruce Anderson, Assistant County AttorneYI Don Norton, Public Services Administrator; Terry Vlrta, Community Development Adminis- tratorl Lee Layne, Zoning Dlrectorl Mike Kloehn, Planning Directorl Terry Clark and Missy Ober, Planners; Tom Kuck, Public Works Administrator; Vol Prince, Englneorin') Dept.; Dr. Mark Benedict, Natural Resources Management Dlrectorl Tom Crandall, Utilities Administrator; Grace Underwood, Administrative Aide to the Board; and Deputy Chief Ray Barnett, Sheriff's Dep.Htment. . , ~ftn( 084 wr 01 Page ,.......n ",~,""·"k0_'''''''''·''_'''_'''''''_'''''''__'__'_"'''''''~_~_-'''''4'."",,..W_'_',......__, - - - Octobor 23, 1984 Tape U %te. 11 ~CENDA - ~PPROVED WITH CHANCES Co..l.sioner Kruse .ovld, ..condld by Co~ais.ionlr Pistor and carried unaniaoully, that the agenda be approved with the following change.: a. It~m .9EI re Chan')e Order .2 re County Regional Water System _ Added by Assistant County Manager Dorrill. b. Item 120 recognizing October 31, 1984, as Halloween _ Added by AIsistant County Manager Dorrill. c. Item lOA re rotainlnq an outside consultant to h~ndl. a ca.. Cor Collier County - Added by County Attorney Saunders. d. . Item lOB authorizing travel axpansa!l for ^saintant County Attornoy Cuyler to attend a NIMLO conference - Added by County Attornoy Saunders. e. Item 12£ appointing twn Commisaiðnera to the SWFRPC _ Add.d by Commiaslonor Kruse. f. Item SA ro readvertislng of the County-wide Flro Control Ordinance - Added by Clerk Reagan. MINUTES or OCTOBER 2 AND OCTOBER 9, 19B4 - APPROVED AS PRESENTED Co.aiasloner Kruse aoved, second.d by Comais.ioner Pistor and carried unanimouSly, that the minut.. of October 2, 1984, and October 9, 1984, be approved as present.d. Ite. . 3 EMPLOYEE SERVICE AWARDS (PERSONNEL) Commissioner Brown read and presented employee service awards to the following: Lyn Walker - Bulloinq Maintenance £ Ii d 4 M.1 r tin eo: - Road , B rid q e Lois Freeland - Social Servlcos 10 years 10 years (Absent) 5 years (Absent) !tea t 4 ORDINANCE 84-78 RE PETITION R-84-SC, TOUCH or IUROPE RI REZONINC rROM RT TO C-4 rOR PROPERTY AT 4100 COLDEN CATE PKWY. (SHAMROCK REßTAURANT) - ADOPTED SUBJECT TO STIPULATIONS AND PETITIONER'S ~CREEM!NT Legal notice having been published in the Naples Daily News on September 21, 1984, as evidenced by Affidavit oC Publication Ciled with the Clerk, public hearing was opened to consider Petition R-84-SC, filed by Touch of Europe r~questing rezoning from WRT" to WC_4W for property located at the Shamrock Rostaurant at Colden Gate Inn on Colden Cate Parkway. Planner Ober stated that the objectivo oC this petition is to ;n'~( 08-{.wr 07 Page 2 t "t= ,- '-'o/""'~'^-""""'~">'""~"'''''h''''__''' ,,- ~. ~~. '-""'-'-' enot 084w~ 08 October 23, 19B4 bring the existing restaurant and lounga into conformity and to allo~ .x.cutive and prof,s.ional offices. Sh. indicatod that Staff and all County agencies have r.vi.wed this petition and have no objection subject to th. stipulations found in the ~xecutive Summary dated Octobor 23, 1984. She reported that the CAPC held their public hearing on September 12, 19B4, and recommended 6 to 1 to forward this petition to the BCC for approval subject to staff stipulations. Mr. George Keller stated that he recommends that this petition b. approved, adding that the owners of this restaurant have suffered I hardship due to the zoning. Co..i.sion.r Krus. .ov.d, ..cond.d by Commi.sion.r Pistor .nd carri.d unani.ously, th.t the public h.aring b. clo..d. Co..i..ion.r Pi.tor aov.d, ..conded by Co..i..lon.r Holl.nd .nd carri.d unani.ously, that the Ordinanc. nu~b.r.d .nd .ntltl.d b.low b. Adopt.d and .nt.r.d into Ordinanc. Book 19 and that the P.tltion.r'. .gr....nt b. acc.pt.dl ORDINANCE 84-78 AN ORDINANCE ^"ENDING ORDINANCe 82-2 THE COMPREHENSIVE ZONING REGULATIONS rOR THE UNINCORPORATED AREA or COLLIER COUNTY, FLORIDA, BY ^"ENDINC THE OrrICIAL ZONING ATLAS MAP tlUMBER 49-26-6 BY CBAMOING THE ZONING CLASSIrICATION or THE HEREIN DESCRIBED PROPERTY LOCATED AT 4100 COLDEN CATE PARKWAY PROM RT TO C-41 AMD 8Y PROVIDING rOR AM rrrrCTIVE DATE: Page 3 IííìíiiI 1m .. ,L _._'''''''-._~.",...-...._,~"~'--_._-,,...--..._,_.~. , ".'''"''..-.....".''''...''''',''.,...".....-.."''1 ...~ ;;ft'; I1I2Awr 10 Ite.,!"'T PETITION R-84-l3C, "ICH~EL J. VOLPE - CONTINUED TO 1l/6/84 Planner Ober stated that the petltlonor has requested a post- ponement oC this hearing until November 6, 1984, due to circumstances beyond their control. Co..i..ioner ~ru.. aoved, .econd.d by Com.i.sioner Vo.s and carried unanl.ously, that Petition R-84-13C b. continued to Nov..b.r 6, October 23, 1984 1984. I tea 16 PETITION R-84-19C, COASTAL ENCINE£RINC CONSULT~NTS - CONT'D TO 11/6/84 Co..i.sioner ~ru.. .oved, .econd.d by Co~~i..ioner Pistor end carried unani.ously, that Petition R-84-l9C be continued to Nov.~b'r 6, 1984 . Ite. . 7 PETITION R-S4-31C, WILSON, "ILLER, BARTON, SOLL , PEEK, INC. REPRESENTING DEVOE CADILLAC - DENIED Legal notice h~v ng been publlßhed In the Naples Dally News on September 21, 1984, as evidenced by Affidavit of Publication filed with the Clerk, public hearing w~s opened to consider Petition R-84-31C, filed by WI1son, Miller, Barton, 5011 , Peek, Inc., representing DeVoe Cadillac, requesting rezoning from HMF-r, to C-4 for a car dca1erGhlp for property located behlnrl Olck DvVoo bulck Cadillac on Solano Road and t'rank blvd. Planner Ober stated that the objective of this petition Is to provide additional vheicle storage area for an existing car dealership. She noted that Staff and all County agencies have reviewed this petition and offcred no objection subject to the stipulations found in the Executive Summary dated October 23, 1984. She indicated that the CAPC held their public hearing on September 20, 1984, and rocommended 4 to 3 to forwdrd this petition to the ace for approval subject to staff stipulations. She reported that there were 9 people that objected to the µetitlon because of lights, fumes and exhaust from paint, adding that there was one petition with 38 names objecting to the rezone. She stated that since the CAPC meeting, a letter was received Crom the petitioner agreeing that a six foot staggered wood fence on the west side of his property bordering Bent Pine Villas will be r~plðced wlth mature landscaping. She ntated that the petitioner also agreed to a 20 foot landscape buffer and water management area on the west side of his Page 4 .:,..~.JY.t!I"'" a::I == L.. ,·_-""_..".._........-....~.~ri..ö~__""._"'·_~,,_._.__,~_._~_._"'...._,__,'" ,._ '''."......,--'''..''''''''....-'''..''''..-'''''''''..'''''''''''"'''.......--... - ... ... October 23, 1984 property. She Indicated that this stipulation would replace Stipula- tion S of staff's stipulations. Sho Indicated thðt Staff recommends approval subject to Stlpulatlens 1-5 of the Executive Summary and tho petition.r', stipulations regarding foncing and landscapo buffer. Mr. Tom reek of Wilson, Miller, BlIrton, 5011 , Peek, Inc.. stated thðt he is reprosentlng Mr. Dick DeVoe of DeVoe Cadillac which is located at the northwest quadrant of Solane Road and Frank Road. He stated th4t there Is a parcel of land that Is zoned C-4 which is currently being developed as an automobile dealership by Mr. DeVoe. He noted'that the ~arcel under consideration is l.r, ncres that lies north of the e~lsting developed dealership, adding that Mr. DeVoe would like to incorporate this parcel Into his dealership for the specific purpose of /I plHking lot. lIe reported that all tho property between U.S. 41 and Frank Road from Solano HOold north to tho Mornlngside Subdivision wa... at one time olo'Tled by Mr. DeVoe. lIe Indicðted that he has the existing Cadillac dealership on U.S. 41 and had the property to the east of the dealership rezonud to reRidential and developed a portion of It as the Solano Oaks property and sold the balance and it hils been developed as the Bent Pines property. //e stilted thllt the eastern portion was rezoned to C-4 for the development of a new dealership which has been built and he reserved this 1.S acre parcel with the thoU)ht of incorporatlnq it Into the dealer5hlp <'It ðne time. //e reported that to the east of the property that is in question Is the Florida Powur , Light Sub-station, to the north Is 50me single-family area for the Morningside Subdlvi$lon, and to the west Is the Bent Pines multl-fllmily project. lIu stdted th,t thore are no objections from tho other advisory boards. lie noted that there arc no utilities required for the parking lot, but they are IIvailable and the dealership is connected to the City watcr and S~wer systems. lie stlltcd that the water management systems are consistent with the requircments oC the County and the South Florida Wllter Managemcnt DIstrict. He reported that in the area of concern that was expressud during the CAPC meeting, some of the items dealt with lights, fumes and exhaust from paint, and physical separat Ion from the property. lie stilted that he met wi th the developer of the Bent Pines project and discussed his concern and have stipulated sincc that meeting, th<'lt a six foot staggered board wood fence would he Installed along the west side and the north side of the property. lie stated that th.t Stalf report only includes the west side, but his provision includes th~ north side as well. lie stated that the I~~, f1B4.., 11 pag e 5 ~"._'-~--'----''''r ....~ ---~.. ~ -."""-"-" ~;"t ruu .,~r 1?· pet~ner a~o agreed to a 20 foot landscape bufCer and water manage- runt area along the west and the nórth sides of the property within which landscaped vegetation will bo planted to cr.ato a Bcreen. H. referred to photographs which showed the existing property, the proposed change, the n.w dealorship and the existing screening between tho dealership and !lent Pines, a. well al the old d.alership. He roported that the actual function of the parking lot is for .Imply storing new vehicles, adding that it is not a functional parking lot 1n the lense that there il lraffic moving throughout it during the day. He Itated that there wert concerns about the lightl giving oCf a glar. to surrounding property ownors, adding that Mr. DeVo. is in the process of having shields put over the lights to cut down such glare. He noted that there was concern regarding fume. and exhaust from a paint facility that Is on-sILe, adding that he do~s not believe that Mr. DeVoe would have a parki~g lot full of Cadillacs and Buick. If there is any potential of paint being blown Into the parking lot. He stated that the application Is appropriate in this area particularly for th. use that is Intended, adding that It would be an appropriate zoning October 23, 1984 change. The follo~lng people spoke In opposition to the rezoning citing excessive noi.e, deval~atlon of property, increase glare of lights, lack of a sufficient buffer zone, and not w~ntlng commercially zoned property next to them, non-conforming usa, vandalism, and Increased traf! ic: Gene Chalack. I Evelina Sorg Claira ~thschelder Christine T. Meserve 1353 1396 1324 I 37 2 Morningside Mornlnqslde Morningslde Mornlngside Dr i v e Drive Drive Drive Tape 12 Miss MðryEllen Maloney of 1335 Mornlngside Driv~ stated that her home is directly behind Mr. DeVoe's proposed lot for razonlng, adding that if this lot i/l zOn£'d to commercial the p: ,pe!rty ßtands to devaluate. She noted that wh~n she purchased her home, she checked the zoning on this lot owned by Mr. CQVoe ðnd it WIIS zoned residential, therefore, she ?urchased the home. She! noted that she has dnne research on her rights as a resident, adding that she took this informðtion from the zoning ordinance. She reCerred to Section 6.6, ·change and use·, stðting that this section says the Community Development Administrator shall find after public notice and hearing that the proposed USe! Is equally or mor~ appropriate tn the District r.=:I I!!!J I!!!!J 1- ...··--.__"·"'·,'~··...~·~,'''~~·_''''·.,''·,'''','''''mo'''.,...,~,_..,,., .."_...,___"""''''_".''-.'''_''''.,.""..,..._.''''''....._,__''...~''''''_....,~..'''_..""_~'^ Page 6 - - - Octobor 23, 1984 than the existing non-conforminq us. and that the rolation of the .tructures to tho s~rroundlng properties is such that adverse effects on the occupantl and nelqhbor)ng propertie. will not bo greater than if the exiltlng non-conforming uses continue. She stated that the devaluation of the proporty I, going to be an adverle effect and will take a groater toll on the resldants in the future. She referred to tho requirements of the Planning Commission, stating that it says whether a proposed chanqe would be contrary to the land use plan and ~uld have advors. oCfoct on the Comprehensive Plan. She otated that the petition from the neighbors state that based upon tho reliance of the zoning laws, the comprohensive land use Is dicated by Collier County, adding that following the passa')e of tho rozonln') Crom relldential to commercial will result in devaluation of the adjacent properties. Silo stilted that a rezoning for /I car dealerßhip would promote unnecessary nolne associated with tho 1~lly c~nductlon of business. She statad that Mr. ~VoP. told hor that this dealership is for leasing, addln') that when one laases vvhlclos, they move In and out to be leased which will causa nntse and disturb the residents. She stated that commerclnl property nlso ~ncourðqes vandalism, notlnq that Mr. DeVoo Itatod that above tho wooden fence, he would put bob wire ~o prevent vandall MI. She sto1ted that It wnuld keep out vandals In their area, but she would not want children playing at the bacl( door of a potential placo'for vando1llsm. She stated that the proposed change will bo a deterrent to the Improvement and development of the adjo1cent property. She noted that the public wolfare Is an issue here and not jUllt one Individual. :;he reportod that vehlclcs without Ilcen5e plðtos have to be stored In completely enclosed buildings In residential propertlel and 1C Mr. CoVoe put up a completely enclosed building', ho could koep it zoned rosldentlal and everyone would be happy. She Itated that It has to be determined how necessary this project is, adding that Mr. DeVoe could build his leasing dealership In other parts of Collier County, but not at her back door. Sho stated that she is not againlt growth and development, but she hopes that the BCC will Support the neighbors in tho area. Attorney George Vega, representing Mr. DeVoe, stated that the petition that was mentioned In the beginning of the hearlnq was withdrawn, adding that it was signed by the relidents of Bent Pines Ar ea. Zoning Director Layne sto1ted that thio petition was withdrawn !M~ lJ84wr 13 pago 7 ..-...._~-_.. '-' --.------.-.--.-,....1..:.. ". enot 084rl" 14 October 23, 1984 after the two additional stipulations were added. ^ttorncy Vcga stated that the dealorship is already existing, adding that th. only thing they .r. .sking for I. the rezone for the parking lot. Ho noted that the property is eøsontlally landlocked. ". stated that there Is a specific use for this property, adding that another car dealership is being put there. He stated that he has a site plan that has been approved and in order to change tho site plan, he would have to appear before the BCC. lie stated that the only purpose for this proporty is a parking lot, simply some place to store the new vehicles that are being broU?ht in. lie not"d that the residents are already living next to the doalerlhip, the existing lights, the body shop and the Florida Powur dnd Light Sub-øtation. He stated that th. proposed parking lot is a fairly harmless ventur.. He reported that the payroll II $1.4 million a ye~r and the salus tax collected Is about $700,000 for the dealership and ovcr 70 people are employed. Commissioner Voss questlonod what othor things undor C-4 would be put on this property, to which Zoning Dlrector Layne øtated that when the new Zoning Ordinance that was adoµt~d In 19B2, It stated that any rezoning to Commercial or Industrial had to b~ llmitcd to a specific site plan and use and the use In this casc In for a vehicle storage area for this new car dealership. She noted that If they want to chango it, It has to com'.! beforc the ßCC for ,1pprOVIJ1. Coamissioner Kruse aoved, seconded by Commissioner Pistor and carried unaniaously, that th. public hearing be closed. Commissioner Voss stated that he does not feel that us. for the property but, in any rezoning, the wishes of adjacent to the property has to be considered. Co..issioner Voss ~oved, s.conded by Co~ai.sioner Krus. and carried 4/l, (Coamissioner Holland opposed), that P.tition R-84-3lC, b. denied. Ite. 18 it i I a ba d the plloplll P!TITION R-84-32C, AABB , SHANNON, INC. - CONTINUED TO 11/6/84 Coaaissioner Holland aoved, ..conded by Commissioner Pistor ond carri.d unaniaously, that Petition R-84-32C, be continued to 11/6/84. &.:::I ~ ~ 1- ...",..-.,"_.".-",,"~,<....,.,. '...'''.''.''''...'...','''''.....''''-...''''.."-.'''".....,,.;-....-..-.-..-''''..---- .~"- pag e 8 ..... ... - October 23, 1984 It.. 19 ORDINANCE 84-79 RE PETITION R-84-37C, DR. HENO SPACNAL RE R!%ONIHC rHOM A-2 TO TTRVC FOR PROPERTY ON HE CORNER or US-41 AND CREENWAY ROAD _ ~DOPTED SUBJECT TO STIPULATIONS Legal notice having been pUblished in the Naples Dally News on Soptember 21, 1984, as evidonced by Affidavit of PublIcation filed with the Clerk, public heorlng was opened to consider Petition R-84-37C, filed by Dr. Neno Spðgna, reprosenting '~trick Thomas, Joseph and Mary Lynch and Virginia feucht, requesting rozonlng from ^-2 to TTRVC Cor property located on the NE corner of US-4l and Greenway Road. Planner Ober stated that the objective of this petition Is to develop 274 RV lots, adding that this petition was originally heard and denied by the BCC on September 4, 19B4. She noted that the potitioner requested a reconsider4tlon which was granted, adding that staff originally recommended denial due to the amount of RV lots presently aVllilable. She !Stated that the Board hils determined that this should not be a factor in denial and, therefore, based on this fact, StafC is recommending approval subject to the orlgln~l stipulations which are found in the Executive Summary dated October 23, 1984. She noted that the CAPC held their pu~lic hearing and recommended 6 to 1 to forward this petition to the ~CC for approval subject to the original staff stipulations. Commlnsioner Plstor questioned if the lots would be brought up 18w above the crown of the road, to which Planner C~er statfld that the petitioner would havo to moot th(J Water M.1nagement Advisory Board stipulations which Includas a lot of control ovor the property because I t Is a wet piece of property. fihe notod that It is a temporary use. and does not have to meet the flood requirements. Dr. Neno Spagna, representing the petitioner, stðtod that the petitioner Is willing to work with the £ngineering Department and meet all the requirements stipulated which Includes /I 25-year 3-day storm with zero dischllrge and retention storage for a 100 year event. Co..issloner Kruse moved, secondftd by Co~i..ioner Vo.. and carried unaniaously, that the public hearing be clos.d. Co..is.ioner Kru.e .oved, second.d by Comal.sioner Holland and carried 4/1, (Co..issioner Pi.tor opposed), that the Ordinance as ~nn~ 084wr 15 Page 9 \.:.:-- . .._·"..,_";'....."'''''~.c.,........ó .."....".~,~_.," ,.,._.,~ ,.,..;_"C<.'.."'..".._,."....... ~'_.".,'''~-''''''.._-....-..-_,;-_."',..........._". 0'0>'-''''''''''_- "-----=..,.....,..,..."'""...'.M,"..._..~..'^H~"~^"'··,,,."".._.,,_ .,' .- IIID( 084wr 16 October 23, 1984 nuabered and entitled below b. adopt.d and .nter.d into Ordinanc. Book No. 191 ORDINANCE 84-79 AN ORDINANCE AMENDING ORDINANCE 82-2, THE COMPREHENSIVE ZONING REGULATIONS rOR TilE UNINCORPORATED ~R!A or COLLIER COUNTY, FLORIDA, BY AMENDINC THE ZONING ~TLAS MAP NUMBER Sl-27-4 BY CHANGING THE ZONING CLASSIFICATION or TilE HEREIN DESCRIBED PROPERTY LOCATED ON THE NORTHEAST CORNER or U.s. 41 AND CREENWAY ROAD IN SECTION 18, TOWNSHIP 5l S, R~NGE 27 EAST, 23.9 ACRES, FROM A-2 TO TTRVC, AND PROVIDING rOR AN EFFECTIVE Dl.TI. ..... Reces.1 9150 A.M. - Reconv.nedl 10100 A.M. ..... 110 RESOLUTION 84-200 RE PETITION CCCL-84-3C, MCGEE' ASSOCIATES REPRESENTINC KLEIST ENTERPRISES, INC. RE A VARIANCE FROM THE CCCL rOR PROPERTY LOCATED ON PARCEL wAw KNOWN AS LOT XI, BLOCK A OF CONNER'S VANDERBILT BEACH ESTATES - ADOPTED Legal notice hnvlng been PUblished In the Naples Dally News on October 7, 1984, as ~vld~nced by Affidavit of Publication filed with the Clerk, public heðrlng WJS opened to consider Petition CCCL-84-3C, filed by McGce , Assoclatcs, representing Klolst lntcrprlscB, In::. requestin~ ~ variance [rom the Coastal Construction Control Line for property located on Parcel -A- known as Löt XI, Block A of Conner'. Vanderbi1t lii.'ach Estates. Or. Benedict Stated that the objective of this petition Is a variance from the Coastal Construction Control Line to permit the construct Ion ol II spa, wood deck. IInd dune crosr:;'over /lnd the I restoration of the dune se/lward o[ the existing Coastal Construction Control Line. lie nClted that there are a number of structuren built in front of the CO/lstlll ConstructlCln Control Line at Vanderbilt Beach which was done prior to the establishment of the contrCll line in 1973. he noted that other structures that were built after 1973 wcre given varll1nces. he stated that normally staff rccommends first time variances for structures, but not second time variances for structures, adding there was II variance granted one time for this petition in 1981. he stated that he is recommend In? that the variance be granted fClr the restoration of the dune zClne and the construction of the dune crossover but that the variance for the construction of the spn and. associated wood deck be denied. Attorney Donald Pickworth, representing Kleist Enterpriscs, Inc., .tated that this Is a six-story condo with l2 units total, two units paqe 10 I"'.....' !!!!! ~ ";"L,. - ... .... October 23, 1984 pec floor. 110 notad that a variðnce is being roqu.stad for the purpose of putting in a spa with alMoCiatod deck, a dun. reltoratinn project and dune walkovers. lie IItlltod that Dr. lIenedict hils no probl"m with the dune rOltoratlon or walkovers, but il opposad to the spa ðnd the deck. He notod that this project was owned by Cap-Trðn, the time share developers, addln~ that thay ran into difflcultiol a few years ago and Mr. Klellt took over tho project and conv"rted It Into a wholly owned condominium. 13 Attorney Pickworth statud that his cliont would liko to place a spa in front of the building which will bo behind the front line of the existing building to the north. II" stated that the spa ~nd the deck are amenities to the! people! that live! In tho condo, but they will not be harmful. He stated thllt it is n"t tho.! policy to grant variances only for structureß thllt constitute! II benoflt. Commissioner Voss quc!ltinnad If thc Spll WC\uld ba furthor saaward than tha building on the south, to which Attorney Pickworth roplied affirmatively, adding that the building on the south was part of the Cap-Tran project ~nd did not have the problem of locatl"n of amenltlos.. He stated that the vllrlllnce i!l a rClluonllble request IInd ho ~sked for approva 1. Mr. Potor Klolst, o~ner of Kl~lst ~nt~rpriD( I, Inc., statod that he has been involved In this project for two yoars, adding th"t he feels that the! IIman I ty Is necess1Iry C"r thi s project. 110 stated that he does not have to do the dune re!storation as it will involve about $30,000 to do both projccts. He stated thilt hll fallls tha two projects go together. He stated that tho BPIl is only B feet and will accommodate two couples. Commllsloner Holland questioned how much above ground the spa woold bo, to which Mr. Kleist stated that It would not be above ground. Commissioner Holland stated that a structure is usually something that is above ground. Commissioner Kruse stated that Mr. Kleist wants his spa and in exchange for that, the time share Is gone and the County gets tho dune restoration for Vanderbilt. Commissioner Voss questlon~d if the spa is denied, would the dune restoration still be done, to which Mr. Kleist replied negatively, adding thðt the dune restoration is not a re4uirement. Mr. Kleist stated that he feels that he needs the ammenities to Pft"t fJ84.wr 17 Page 11 -~........,......",~..""".,,...........- "',.~~"'......_-----_. ...,. ....._.._~-... >.....~".,..._.~....-w..,..~=:".:...._~~_~_:.._......__'...............;~ IOO~ Q84.wr 18 October 23, 1984 have a 900d saloable viable product. Commissi"ner Voss questioned if the dune restoration is worth the .pa, to which Dr. 8enedict stated that the dune restoration is beneficial to the residents, adding that it will not have that much impact on the whole beach system or the g.ncral public. Co..issioner Holland aoved, seconded by Comaissioner Pistor and carried unaniaously, that the public h.lrinq b. clos.d. Co..lssioner Holland .ov.d, ..cond.d by Co..i.sion.r Pistor and carried unani.ously, that Resolution 84-200 re P.tition CCCL-84-3C, McCe. , A.sociates repreaenting Kleist Enterprise., Inc. requesting a varianc. froa the CCCL lor prop.rty located on Parcel -A- known as Lot XI, Block A of Conner's Vanderbilt Beach Estates be adopted for the restoration ol the dune zone and the construction ol the dune crossover a. vall a. the construction of the spa and the associated wooden deck. Page 12 ~ ~.".".,~._-_..."'..._,- "" 1 ___.__ ,... ... .... October 23, 1934 Ite. III ORDINANCE 84-80 RECULATING AUCTIONS AND AUCTIONEERS - ADOPTED WITH rIVE AP1ENDMENTS ~ogal notice having been published in the Naples Daily News on October 3, 1984, as evidenced by Affidavit of Publicati~n filed with the Clerk, public hearing was opened to consider an ordinance regulating auctions and auctioneers. Mr." Gary Br¡¡df~rd, Auctioneer, stated that he simply needs clarification on the ordlnancQ, adding that under Section 2 of the Ordinance which In "Application of Ordinance Provisions and Exemptions·, It states that tbe ordinance shall apply to nIl auctions of Vðr10uS Items. lie questioned If this applys to hou~ehold furnish- Ings, business liquidations or anything thnt Is not stated In that section? ASslstðnt County Attorney Anderson replied negatively, adding that If an auctioneer W~nts to conduct an auction for someone that is moving north that would not be subject to regulation by this ordinance. Mr. Bradford stated thðt ~ectlon 5 refers to a Go day application for permitting and In Section 6 undClr II, it stiltuSthat after the permit has been Issued for one location there can be an am~ndment to that permit for a second location or further locations and he ~uld like clarification os to whether the 60 days applies to this matter. Assistant County Attorney AndClrson replied negatively, adding th~t the 60 dolYs applJva only to th.. dctual application for .I permit In the first place. /Ie stated th¡¡t the 60 dllYs is needed (or the County M4nager to conduct the bllckground investigation to see If there Is any criminal record of the applicant. Commissioner Kruse referred to ~ection 2 and questioned if a place goes out of business and th~y want to have an auction would this be covered in the ordinance or would it be exempt, to which Mr. ^nderson stated that this wOuld be exempt. Mr. Bradford questioned if there would be any problems in getting zoning approval to conduct an auction on a residential property if there is china or diamonds Involved. Assistant County Attorney Anderson stated that if diam~nds or china were involved in a residential auction this would then come under the provisions of the ordinance. Commissioner Voss stated that if these type of items aro household gOods within a resldp.nt ~! hnu5~hold auction, they should be exempt from the ordinance. ,tint 084 tFt 21 Page 13 .. ..-.----..- .--""""'!-. '--' '(1ft ( ~~ïs~er Vo.. aoved, carried unaniaously, that the household auction, regardle.s fro. the ordinance. Mr. Br/ldf(lrd Itatlld thAt in Soction 19, Itom F, it stote. that cannot Ule an Individual without II permit, quoltioning if he hal someone working Cor him would thot person have to have a permit apd be bonded? October 23, 1984 seconded by Coa.is.ioner Kru.e and .al, of ite~. that are confined to a of the nature of the ite., be excluded Mr. Anderlon Itated that such a person would be required to file an appllcation, adding that if luch a person is employed by the Auctioneer, he would not have to post a bond If tho Auctloneor hal previously posted one. Mr. Bradford questioned If he is still required to have an (lccupational lIcense, t(l which Mr. Anderson replied a(firmðtively. Mr. Bradford stated that he Is for the Auction ordlnonce and, ðS he Is a Dlrect(lr (If the :;tate Assoclðtlon and Is working very hard to get a state llcons~ law for Auctioneers, he ~uld appreciate Board approval and support In the future for such II m(lve within the State. Zoning Director Layne questioned If an occupational llcenlo is received and then an auctioneer goes to different locations do they have to come back to the Zoning Department each time to be sure that they have Zoning approval? Attorney DðVid budd representing the Naples Auctlnn Callery, Itated that he Is strongly oPPosed to the ordinance, citing that it Is unlawful, uncon:tltutlonal, unreasonable, so br(lad that it Is vagu~, tClO much delegation of discretionary powers and violation of the equal prCltectlon clauses of the CClnstltution as well /IS conflicting with existing state laws. Tape 14 Attorney Donald Pickworth, represonting Th/llhelmer's Inc., stated that his client wholoheðrtedly supports the ordinance. He noted that in reviewing the ordinance he has a few minor changes that should be made. lie referred to Section 8" paragraph (b) on Page 7, Indicating thðt the word ·knowinqly· should be ins~rted after the words .permit holder hðs·. lie stated that the s~cond paragraph of Section 14, on Page 10, should be changed to add the following phraso at the end of the first sentenc~: ·or which Is not a volldly existing ;on-conforming use on the effective date of this ordinance." He noted thðt on pago 11, Section IB, the second line, the word wknowingly" should be Page 14 l'~1 ~ ~ L _~,.,~.,"._.~.~.......~~~><,"._"" .0'" ". ",<.'.,~,.,,,.~", ____Ulfl>..-. '....m_r.. II one .... .... .... October 23, 1984 inserted after the"words -in any way-. County Attorney Saunders stated that he has no problem with all three changes, adding that he would liko to hove the Board make such a motion regarding this matter. Doputy Chlee Bðrnett quostloned if this excludos SheriCe's salos, to which Assistant County Attorney Anderson statod that there should probably be ð provision includQd that would say -^uctl~ns cnnductcd by Law Enforcement Agencies shall be excluded from the Ordlnanco." Comai.sion.r Plstor aov.d, ..cond.d by Commissioner Holland and carri.d unaniaously, that the three above-referenced changes mad. by Attorn.y. Pickworth and the exçlusion of auctions conducted by Law Enforcement Agencies be approved. Comai..ion.r Pistor aoved, .econded by Commissionør Holland and carri.d unaniaouSly, that the public hearing b. closed. Co.alssloner Plstor aoved, ..conded by Commissioner Holland and carri.d unaniaously. that the Ordlnance as number.d and entitled below b. adopted wIth the five above-reCerenced amendments: ORDINANCE 84-80 AN ORDINANCE REGULATING PERSONS ENGAGED IN THE AUCTION BUSINESS; PROVIDING DEFINITIONS; PROVIDINC FOR APPLICATION or ORDINANCE PROVISIONS AND EXEMPTIONS; REQUIRING PERMI7S, REQUIRING A BONO AS A PREREQUISITE TO A PERMITI PROVIDING FOR ISSUANCE OF PERMITSI PROVIDINC FOR AN APPLICATION FORMI PROVIDINC POR AN INVESTIGATION OF APPLICANTS; PROVIDINC GROUNDS POR REVOCATION OR DENIAL OF PERMITS, PROVIDING FOR HEARINC ON REVOCATION OR DENIAL or PERMITS; PROVIDING FOR APPEAL FROM REVOCATION OR DENIAL or PERMITSI PROVIDINC POR SUSPENSION OR REVOCATION or PERMITS rOR DESIGNATED ACTS, PROVIDING THAT A PERMIT CONSTITUTES A COMPLIANCE AGREEMENT, PROVIDING FOR AN APPLICATION FEE: REGULATINC . AUCTION LOCATIONS: REGULAXING AUCTION HOURS: REQUIRING RECORDS, REQUIRING SALES RECEIPT INFORMATION rOR CERTAIN ITEMS or MERCHANDISE PROHIBITING MISLEADINC ADVERTISING, PROVIDING THAT CERTAIN OTHER ACTS ARE DECLARED UNLAWFUL, PROVIDING FOR RESCISSION OF SALE, REFUND AND CONDITIONS or SALEI PROVIDING PENALTIES AND REMEDIES, PROVIDING FOR CONFLICT AND SEVERABILITY: PROVIDINC AN ErrECTIVE DATE. 112 CREEHWAY ROAD PAVINC DISTRICT TO BE SENT BACK TO THE ENCINEERINC DEPT. FOR FURTHER STUDY AND REDEFINING OF THE DISTRICT AND RICHTS-OF-WAY OBTAINED POR LEGAL ACCESS IF NECESSARY IN ORDER rOR PROPORTIONATE r~IR SHARE FOR SERVICES RENDERED TO BE OBTAINED Legal notice having been published in the Naples Daily News on October 2, 1984, as evidenced by ^ffidavlt of Publication filed with the Clørk, public hearing was opened to consider o~tablishing the ;1I~t Q84.:....r 23 Page 15 -<....,--,-_..,.,...""."'''"_,.~.......~_,.-.__.. ..,·c_ ',c.·...,_.'',.w'""""'·____· . eMf 084 '!'! 2A. October 23, 19C4 Creenway Road Area Paving Assessment DIstrict. Public Works Administrator Kuck stated that on July 13, 19112, the Boa rd accepted a pll tit ion reprellen t i ng 58.. 0 f the proper ty owne rs to establish a Greenway Road Paving Assessment District. lie referred to a map indicating the district boundaries noting that there are three roads proposed to be paved which are Greenway Road, James Road and Frltchey Road which totals approximately 11,000 lineal feet. He noted that he is reCQmmendlng that the BCC approve the preliminary assessment roll. the feasibility' report, create the Grellnway Road roving Assess- ment D lSlrict, authorize the Engineering Department to prepare plans and Ipeclficatlons, and adverlise lor the bids for tho project. Commissioner Holland stated that there arll sllveral large property owners In this area that will use the fncilltles without paying their fair ohare. Mr. Kuck stated that this project io unusu~l as there is one parcel that has 640./lcres and a smllll piHce) of .12 IICrI.'S, adding that when the proposed assessment was established it was dona by a point system taking Into consideration the ¡JiHcels length of roadway frontage, the acreage, and the distance the parcul was located from the Improved roadway. Commissioner Holland stated that by taking front footage alone, some people are benefitin~ more than others on improvements that are made, adding that people are not getting their fair dollar worth. Commissioner Kruse stated that this assessment district is based on a combination of road footage, acrea?c and acceas. Mr. Stephen Semfeld of Gulf Cluh koad stated that ho owns 10 acres In Section 7, adding that he in Carther /lway Crom tho road thnn the large landowner In Section fi and the large landowner is paying no taxes, but he is being /lssessed almost $3,000 for his ton acres. He noted that there Is /II so an owner that has GO acres and he Is not paying any taxes. Hu stated that he Is not against growth or improve- ments, but he thinks that everyone should pay II flllr sh/lre. lie stated that if this road is absolutoly nocessary, he would IIsk th~t the large landowners pay their proportionate shllre so that tho small owner does not hav~ to pay such II big assessment conlliocrlng the value of their property. Mr. Pat Fritchcy ~f Imm~kðlee stated that he hils no ~bjectlon to the road, but he does have objections to the District. He stated that Page 16 [~M t=:1 ~ L. "'--'--"""''''''''''''-''''-'~''''-''#''.''''''~'''~'''' .~.,..".""",".""-,,."~''''''''''''''''''~~''''''-'~'",''''''._-,-,,,'""",~--,_.~._"-""-'''-' ..... ,.. .... October 23, 1984 the district takes In all the small parcels and loavos the big one. out. Mr. Val Prince of the County Engineering Dopt., stated that tho diltrlct boundaries ,were based on the porcels that would have legal access, adding that If rlghts-~f-way could be nbtained, additional of land could be included In the District. Co_issioner lIolland lIoved, seconded by Comllission.r Krus. and carried unani.ou.ly, that Greenway Road Paving District be s.nt back to the Engineering Departllent for further study and redefining of the District·and rights-of-way be obtained for legal access, if necessary, In order that proportlonat. fair shar.s for servIce. rendered be obtained. A~slstant County Mðnaqer Dorrill stilted the Intent of the Staff and the methodology was eKcollent, adding that StaCf would be happy to go back and look at this, but where peopl e do n"t h,we legal access to their property by way of this road, It Is golnq to cause more problems by trying to expðnd the boundaries. He stated that staff will look at the area again. Commissioner Kruse stated thðt this accesø Is under cultivation and somebody is goln~ to use the r~ad that everyone else pays for an~ no one wants to no that. ..... Recessl 11:20 A.M. - Reconvened: ll:30 A.M. ..... 113 COLLIER COUNTY FIRE CONTROL ORDINANCE TO BE READVERTISED Clerk Reagan stated that his offico advertised II ~otice of Intent to consider an ordinance to creato the Collier County Fire Control District on October 18, 1964, in the Naples Daily News. lie stated that the Ordinance wa. scheduled to be heard on November 6, 1984, adding that he Is requesting that this ordinance be re~dvertlsed because the documentation has not been filed yet with the Clerk's Office. Co..lssloner Kruse lIoved, seconded' by COlIlIls..loner Voss and carried unanilloualy, that the Collier County Fire rontrol Ordinanc. b. readvlrtlsed. ~~O( 084w.r 25 Page l7 --¡-"L..U __'.' ....~.. ."~'M ..' .... .. _.."----~.,....'~...''''''',._,~..~..._~... ..".."".,-"-.,.,=""j'...--"",,,,,,,...,.___,,,,,,__..._.,,. T-' ·~Ot 084r~.' .26 Ite. 114 CONSULTANT SELECTION COMMITTEE'S RANKING or SOLID W~STE PROJECT KAN^C~ENT CONSULTANT FIRMS AND AUTHORIZATION TO NECOTI~TE ~ CONTRACT AND FEE SCHEDULE WITH THE SUCCESSFUL rIRM - APPROVED October 23, 1984 Public WorKs Administrator Kuck st~ted that this Item Is n recommendation to approve thc Consultant Selection Committee's rnnklng for the Solid Waste Project Consultant firms and to authorize the Staff to negotiate ~ contrllct and fee schedule with the successful firm. He Itated that on June 12, 1984, the acc authorized the Consultant Selection Committee to intcrview and prepare a short list of consultant firms for the proposed waste-to-enqery project. lie reported on October lO, 1984, the firms were Interviewed and they have been ranked as follows I 1. UennlngGon Durhllm " Hlchnrdson 2. Camp Dresser' McKee 3. CSI Resource Systems, Inc., Flood 4. Vehy A:;soclates 110 indicated that the Solid haste AdvlGory Committee met on October 17, 1984, and endorsed the selection of these firms In the wny that they have been rnnked. Co.-issioner Pistor aoved, seconded by Co~.lssioner Voss and carried unanlaoully, that the Conlultant Selection Co~.ittee's ranking of Solid Waste Project Kanage~ent Consultant Cirma be approved and authorization to negotiate a contract and f.e schedule with the successful firm be granted. It.a US CH^NGE ORDER '2 FOR WIDELL ASSOCIATES - APPROVED IN AMOUNT OF $28,430 Utilities Mnnager Crandall stnted that this is a recnmmendatlon for a change order for on increase of $28,430 tn Widell AsnocJates to complete a 16" tie-In for the five million gallon tank that is owned by the City of Naples. Commissioner Voss question~d whcn this would be nccompllshed? Mr. Crandall stnted that the work would not proceed until official approval Is reccived from the City of Naples. He stated that ~ldel1 ^ssoclntes has Indicated that nbout three wceks after they receive a change order notice, they will proc~ed. Co..lssloner Kruse .oved, seconded by Com.ls.ioner Voss snd carried unaniaously, that Change Order 12 for Widell Associates be approved in the amount of $2B,430. Pago 18 l!!!:! L:J . --~-.. _. ". ;--- L..:;-- q" ' ~:::J .... pI!IIII ~ October 23, 1904 It.. 116 MILLEDGE' H!RM!LE!'TO BE RETAINED AS OUTSIDE CONSULTANTS IN CASE or ACCREDITED SURETY CASUALTY CO. INC. , FREEDOM BAIL BONDS VS. COLLIER COUNTY County ^ttorney S~unders stated that he needs authorization to obtain outside counsel In a matter of Accredited Surety Casualty Co., Inc. , Freedom Oall Oonds vs. Colller'County, adding that this case Involves basically a $105,000 bðnd ~3 the defendnnt did not app~ar for his criminal prosecution. He stated chat the decision of the case has been appealed to the Fed~ral District Court In Miami and du~ tð the nature of this type of complaint and the time Involved in going back and forth to Miami, he Is rvgudstlnq th~t an outside consultant ba retained. lie stated that thC! firm MilhdgC! , lIermclcC! hos rcpresented tho County In r.he past and WCluld rccommend them aqðln. Coaalssioner Pistor aoved, seconded by Commissioner Holland and carried unani~ously, that the firm of Milledge' Hermelee be retained aa outs Ida consultants In the case oC Accredited Surety Casualty Co. Inc. and Freedom,Bail Bonds Vø. Collier County. Itea 11 7 TRAVEL EXPENSES AUTHORIZED FOR ASSISTANT COUNTY ATTORNEY CUYLER TO ATTEND THE NATIONAL INSTITUTE OF MUNICIPAL LAW ORGANIZATIONS CONFERENCE IN DALLAS, TEXAS County Attornay ~ðunders statC!d that he Is asking for travel authorization for Mr. Cuyler to /\ttend the (NIMLO) Nðtional Intltltute of Municipal Law Org.:1nlzatlcns Confcrence In Dallas, Texas. lie stated that this Is a national coníC!rencC! and Is hold evC!ry year, adding that they cover numerous topics of Interest to local government lawyers such as anti-trust, civil rights, and zoning. He stated that It Is an excel1C!nt conference and It w'~'lld be a good opportunity for Mr. Cuyler. Coaal.sioner Pistor aoved, seconded by Com.iasloner ~ruse and carried unaniaoulsy, that travel expense. be authorized for Assi.tant County Attorney Cuyler to attend the National Institute of Municipal Law Orqanlzation. Conference in Dallas, Texa.. ~(\M fJ84.r4'< 31 Page 19 "" ..--...------.-.--~"".'þ'L:.... ........... ,.--. .-.~---_.-. . ....-.-- ~' \\1" ;.' ,,' y,. ,,' " :" '" tijû' t"~_ t~" ~~" =... (~~ 1,:~jt ~ :~~~1 '~~t fJB4.~' 3Z October ~3, 1984 It.. 118 ROUTINE BILLS - APPROVED rOR P~YMENT Pursuant to to kesolution B1-lS0 the Collowing checks were Issued through Friday, October 19, 19B4, in paymcnt of routine bills: CH!:CI< D!:SCRIPTtON CH!:CK NOS. ~ Vendor llB8SS - 119275 5512 - 60B4 $1,015,SlG.GB 24S,333.0l BCC Payroll 119 HRS CONTRACT WITH SHERIFF FOR SERVICE OF PROCESS - APPROVED Clerk Reagan stated that this is D contract between HRS and the Sheriff in Collicr County, adding that this contract allows that the State wll~ assist Collier County in paying for the Sheriff's cost for delivering ~ervlce of Process in Child Support cases. He stated that the Sheriff has approved it, his office has r~vlewcd it, and HRS has agreed to the contract, adding that hc necds BCC approval. Co.~issloner Kruse ~oved. seconded by Commissioner Pistor and carried unani.ously, that the HRS contract with the Sheriff for Service of Process be approved. Page 20 ~ =-:_~~ L'"::J -L.;. 1110<' fJ84. w I -46 It.. 120 October 23, BC4 BUDCET AMENDMENTS 84-75l/7541 84-756; 85-24; AND 85-27/29 - ADOPTED Co..ls.ioner Pistor aoved, seconded by Co..i..ioner Holland and carried unani~ously, that Budget Amend.ents 84-75l/754 and 84-756 be adopted. Co..l.sioner Holland aoved, seconded by Commissioner Pistor and carried unani.ously, that Budget A.endments 85-24 and 85-27/29 b. adopted. It.1I 121 RECONSIDERATION OF PETITION R-B4-2IC - DENIED Commissioner Plstor stated thnt since October 9, 1964, he h~s done a lot of rcs~ðrch and stuoylng rCYðr~lng Petition R-B4-2IC, Ddding thDt he finds thðt there waR Infor~ation thðt wns not given lit the time th~ petition wos presentee , 1111 stilted th:Jt thc C'rlglnDl report co! Missimer Assoclatos &hows th.1t the aquifer In question cxtends !rom thQ Lce County line south ~~rðllel to t-7~, pøst AIIlgotor Alley, and meets with the T"mlaml Aqulf~r. lie stilted thllt the milxlmum rechilrge area for this aquifer Is locoted in a kidney ~hil~lId arllo for which this rezone request is approximately In the middle of. Hc noted that this could cause a problem and therc are other stdtementG In Mr. Missimer's r~?ort that needs further study and hc rcquested that the public hearl~; ~n this m"Uer be reopenea "nd re:nudlcd se- that there is no possibllty of pe-Ilutlng th~ aqul[~r, adding that this water Is a necessary supply. Co.-issioner Pistor ~oved, seconded by Com~i88ioner Vo8S, that Petition R-84-21C be reconsidered. Commlsslonur Voss st^t~a that If there Is addltlnn~l infC'r~iltlon, it should be heard. Commissioner brC'wn statod that over the yu~rs thcrc has been an abundance of lnformatle-n given. Commisslorler IIr>1lllnd stlltcd that he feels thilt tl1ere w",s adequate Infor~atlon on this project. He noted that he does not see the necessity of bringing this mJtter up and doubts the legality of It. Co~mlssloner Voss qucstioned, if there i8 no d~nger, why is Missimer recommending that the treatment plant b~ put a consldcrðbl~ distance aw"y from tit\! gravel pit? Commissioner Hollllnd ~tðted that he aSk~d the same question ana w~s told that this 15 a prccdutionary measure In each and every pre-ject. County Attorney Silunder~ stated that under Section 2-32 of the ~ C"':J ~ L.. page 21 ~"".'~~"''''';''.'''-' ~_..,,-"--~,--~.._-- ,.., ,.., ..... October 23, 19B4 Cod. which deals with reconsideration, It state~ that neither the Potltloner nor any 9thcr indlvidu~l sholl hßve the right to address tho Board on petitions to ruconsid~r, adding that If the n~ard votes to reconsider, everyone will be given an opportunity to speak at the public hea ring. Commissioner PlstDr stðted that thoro Is en~ugh doubt, 00 tho petition should be reconsidered. Upon a roll call vote, the ~otlon failed as indicated below: Co..issioner Plstor Aye Co..i.sloner Voss Aye Co.alssloner Kruse No Co..lssioner Holland No Co.aissloner Brovn No Commissioner Plstor st~t~d th~t In vlaw of the votu, he Is requesting that someone bring this m~ttcr up again for reconsideration on November 20, 198L IUa '22 CHARLES J. DAURAY, JR. APPOINTED TO THE SOUTI~EST FLORIDA REGIONAL PLANNING COUNCIL CITIZENS AOVISORY COUNCIL Co..issioner PI.tor .oved, seconded by Commissioner Kruse and carried unaniaously, that Mr. Charles J. Dauray, Jr. be appointed to the South_at Florida Regional Planning Council Citizens Advisory Council. I tea I 23 OrrICERS AND DIRECTORS APPOINTED TO THE COLLIER COUNTY FAIR BOARD Assistant County Mdnnger ~rrlll stated that thio Is ^ recommenda- tion to appoint 9 members tn the Colllcr County Fair and Exposition Board. Ho stated that as II reBult of the action lllGt week, memburs of the previous bOArd had rcslgned ßnd the County MðnllC er worked during the rest of the week to put together a board that would try and meet the requirements of both the Stlltc Department of Aqriculture as well as the needs of Collier County In order to save the 19D5 fair. He stated that as a result, the County Mðnnger is recommending that the following people be appointed: President, Bill Hill of United Telephone IIIso representing the Kiwanis Club Vice President, John Gllrgullo representing the Chamber of Commerce Treilsurer, Donnld LlJsk, thn County Manager Secretary, Jo Selvla representing the Collier County Homemakers 110 stated that the ~ollowl ng people are boinq recommended for the ~"D( 084 w' .:.(.7 . Page 22 , ~-_.,--"...,.....,._.-----<.~_..~.,-_.. ~~\!< 084- t·' .48 Octobar 23, 1904 Dircctors positions: Jim O'Conncll, represonting thv Klw~nis Club ~f Naples Willie Anthony, representing the Optimist Club of Naples Ponald Pickworth, repres.nting the Collier County Bar ^ssoclation of Naples Slna Riblnski, representing Collier County Schools of Naple~ Drew Wenzel, representing the kotary Club of Immokalee lie noted that upon thll records and the finllnces baing turned over to the BCC last weak, a memorandum was sent from Fiscal Officer Ciles indicating that If the board feels that a special audit Is necessary, they may request of a new fair board that an audit be undertaken If It is felt to be required. He stated that Mr. Clles' opinion Is that the Board of County Commissioners may not use fllir board monoy in order to undertake a specill! audit. lie stlltud th.n It is also the recommenda- tion of the County Manager thllt the Officers and Dlre~tors of the Fair Association r~maln In tact IInd that all other appointments ~nd olectlons be suspended until after the completion of the Fair in January, 19f1~. Coaais.loner Pistor moved, seconded by Co~mlssloner Holland and carried unanlaously, that the recommendation prepared by the County Manager regarding the Falr be approved. It.a 124 WEDNESDAY, OCTOBER 31, 1984, RECOCNIZED AS HALLOWEEN Co..issloner Kruse aoved, seconded by Comaissloner Plstor and carried unanimously, that Wednesday, October 31, 1984, be recognized as Hallo".en. Item 125 COMMISSIONERS VOSS AND HOLLAND APPOINTED TO SERVE ON THE SOUTHWEST FLORIDA REGI9NAL PLANNING COUNCIL , Comaissioner Brown aoved, .econded by Co.~lssioner Pistor and carried unanimously, that Co~mlssioner Voss be appointed to øerve on. the South"est Florida Regional Planning Council in Commissioner Brown's place. Co..i.sioner Kruse aoved, seconded by Com~is.Joner Brown and carried 4/l, (Com.llsloner Pistor opposed) that Co~missioner Holland be appointed to serve on the Southwe.t Florida Regional Planning CouncJl in Commissioner Kruse·. place. PlIge 23 L~ L ') :::::J . '_._' __ ~.. _.._ ·_·u··+~ L _"""'1_......__.."'..'''___....··..........___· ._~.-.-,-. ,..., ~ ;;.......,,¡ Octob~r 23, 1~B4 ..... Coaai.sloner Kruse ~oved, .econd.d by Co.~i.slon.r Vo.. and carrl.d unanimously, that the following It.ms be approv.d and/or adopt.d under the Cons.nt agenda, ..... Itea 126 RESOLUTION 84-20l RE PET. SNR-84-l3C, J~MES SC~RBOROUGII, REPRESENTING WOODSIIIRE ~SSOCI~TES, LTD., RE STREET N~ME ~PPROV~L rOR WOODSHIRE LANE TO BE LOCATED IN WOODSHIRE VILLA DEVELOPMENT, FOREST LAKES EST~TES Soo P"CJe II .ss It.. 127 PET. TR-B4-28C, JOliN T\lOM~S, TEMP. RESIDENCE PERI1IT TO UTILIZE A MOBILE HOME DURING CONSTRUCTION or PRINCIPLE RESIDENCE ON E l50' or TR~CT 109, UNIT 23, 24TH AVE., H.E., 1 MILE EAST or WILSON BLVD., COLDEN CATE ESTATES Itea 128 PET. TR-83-l2-C, MARY LOU IIURST, RE 3 MONTH EXTENSION TO TEMP. RESIDENCE PERMIT TO UTILIZE A MOBILE HOHE DURING CONSTRUCTION OF PRINCIPI.E RESIDENCE ON E 150' OF TRACT 62, UNIT 20, GOLDEN C~TE EST~TES It.a 129 CONTRACT AM~DMENTS rOR '84WX-61-09-21-0l-00B, WE~THERIZATION PROCRAM, DEPT. or COMMUNITY ~Fr~IRS AND CENTRO CAMPESINO IN ~MOUIIT OF $3,524.00 5co P.Jges $t.~...s? It.a 130 PET. TR-84-29C, HERSHAL MAHONEY, RE TEMP. RESIDENCE PERMIT TO UTILIZE A TRAVEL TRAILER DURING CONSTRUCTION or PRINCIPLE RESIDENCE ON UNIT l6, WEST 150' or TRACT 29, GOLDEN G~TE ESTATES Itea .3l 48 MONTII TIME EXTENSION TO WESTINGHOUSE COMMUNITIES OF N~PLES, INC. ron COMPLETION or REQUIRED SUBDIVISION IMPROVEMENTS IN PELIC~N B~Y UNIT ONE Ite.. 132 PRILIMIN~RY ~CCEPTANCE or CRAYTON ROAD ~ND A PORTION OF WEST BOULEVARD IN PELIC~N B~Y UNIT ONE Itea 133 PRELIMINARY ~CCEPTANCE OF PELIC~N BAY UNIT TWO It.a 134 26 MONTH TIME EXTENSION TO WESTINCHOUSE COMMUNITIES or N~PLES, INC. FOR COMPLETION OF REQUIRED SUBDIVISION IMPROVEMENTS IN PELIC~N BAY UNIT THREE 11\1\4' OS4w. 49 Page 24 ..-".-< ...·H...·......._....._··· -~. ..._--'....~'~.'........ C" ...._~....~~..., ~.-......-".". .~..... aWl I~" 50 October 23, 1984 PRELIMINARY ACCEPTANCE OF PHASE ONE OF PELICAN SAY UNIT rOUR Itea '36 39 MONTH TIME EXTENSION TO WESTINCHOUSE COMMUNITIES OF NAPLES, INC. FOR COMPLETION OF REQUIRED SUBDIVISION IMPROVEMENTS IN PELICAN BAY UNIT FOUR PRELIMINARY ACCEPTANCE OF PELICAN BAY UNIT rIVE Itea 138 LAKE TRAFtORD MEMORIAL GARDENS DEEDS NOS. 402, 403, AND 404 See Pages ~ð'" ~ ól '39 RESOLUTION 84-202 CORRECTING LEGAL DESCRIPTION FOR VACATION OF 6' EASEMENTS BETWEEN LOTS 1 THROUGH 14, BL. 71, GOLDEN GATE UNIT 2, PART See page ¿;..3 140 APPLICATION TO DEPT. OF NATURAL RESOURCES FOR GRANT TO CONSTRUCT ARTIFICIAL FISHING REEFS See P.:Iqes tal,/. - c. ~ 141 MR. GERALD GRONVOLD APPOINTED TO SOLID WASTE ADVISORY COMMITTEE AS REPRESENTATIVE OF THE CITY OF NAPLES Itea 142 CONTRACTUAL AGRE~ENT TO OBTAIN PERSONAL SERVICES OF MR. WALLACE M. HALBERT AS AN ADMINISTRATIVE CONSULTANT FOR FLCET MANAGEMENT DEPT. Sac Pagell (,7- C.Jì '43 CONTINU^TION GRANT FOR FUNDING UNDER TITLE III OF THE OLDER AMERICANS ACT FROM AREA AGENCY ON AGING Set! Pilges lð -75 l--" L:::] --·-~l:' __._~_ .,_, ,,,.....,.;.___.._...___,__,..~,""'""'..."'-O;__,,_,,....,~~.~'~ Pag!! 25 ..........., -----' ""..."'""'~......."_'"~,.,<o,,.w......__ ~ r~"",1 ¡,.... 1 Octobcr 23, 1964 It.. '44 MODIFICATION OF ACREEMENT FOR EXTENSION OF A COMMUNITY SERVICES BLOCK CRANT WHICH PROVIDES FUNDING FOR D£NT~L C~Rt TO INDICENT CLIENTS, 3 MONTHS EXTENSION (CSBG 84 BG 58-0-2l-01-035) See Pages J~ 145 WATER F~CILITIES AND UTILITY E~SEMENT FOR THE WICCINS BAY SUBDIVISION See Pages ?? - sS- 146 RESOLUTION 84-203 PROVIDING A "LETTER OF NO OBJECTION" TO EVERCLADES CITY, TI\EREBY PERMITTINC PROVISION OF WATER SERVICE TO CHOKOLOSKEE ISLAND See peges J'(, - ¥ 7 147 CERTIFICATES FOR CORRECTION TO THE TAX ROLLS AS PRESENTED BY PROPERTY APPR~ISERfS OFFICE T~NCIDLE PERSON~L PROPERTY l2.!l 1983-592-594 10/4-9/04 Ite. 148 DUPLICATE TAX CERTIFICATES NOS. 175, 3410 AND 82l TO T. H. BROUSSEAU, AND NO. 5675 TO OOROTHY O. BROUSSEAU See P"CJI!!! YY-9/ It.. 149 MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED There being no obJec~lon, the Chair directed ~he following correspondence to be referred and/or filed as follows: 1. Le~ter dated lO/2/B4, from William K. Clark, Exec. Dir., Are,. ^I'ency on Aging, enclosing a cC'lPy of the second Title III Semi-Annual Mon ~orlng Heport for Aging Programs in Collier Coun~y. xc: Mr. Norton. riled. 2. Copy of let~er dated 8/31/84, from John Iamurrl, PreS., Collier County Youth Activities Assn. f Inc., thanking the BCC for their support of the Collier County Stars softball team. F i led. 3. Lelter d.otod 10/3/St,. fr"m OorrlC'ln Hnmels, Envlr"nmcntal Specialist tnCorcemenl, DEli, re a revlow of monthly operating ;;M 084r!'! 51 Page 2(, --'-'-"-~'L _..m" ..-.__.._.~-_.._-- >>,.>,~.,,,,. '",.....·_,_~_,;c,'_...""""'"___·_·_"_ ,~O{ 08411" 52, reports of Çolller In certain areas. HAines. Filltd. 4. 1..ottlOf datvd 10/9/84, from Richard k. Cantrell, Environmental Supervisor, DER, enclosing a copy of short form Dredge' Fill application No. 110925315, Bruce Creen , Assoc., agent for applicant, Richard W. ,..orris. XCI Dr. Benedict. Filed. Octl)bor 2:.1, 1984 Ct\unty Stockade indicating incompleteness xc: Mr. Dorrlll, Mr. Çrandall and Mr. 5. Copy 1)( letter dAtod 10/11/84, from Dr. Mðrvin Collins, III, Environmental SpeciAlist, Standard Permitting Section, DER, enclosing copy I)f standard form Dredge' Fill applicðtion, No. l10Bl3449, Daniel E. Conley. xc: Dr. IJenedlct. Filed. 6. Copy of letter dated lO/II/04, from Androw Fe !nstein, DER, enclosing copy of standard form ðPpllcatlon No. 1109l2109, Nðples Ai r¡.>ort Authority. xc: Dr. IJe::nodict. Filed. 7. Copy of Joint Application. dated 10/9/94, Dept. of the Army/florida DEH, No. J I094lfi55, subml tted by Texaco, Inc. for Drilling or Excavation of ¡;elsmlc Shot Jlohn in Wetland Areas of Collier, Florida. Filed. e. Letter dAted JO/3/64. from Gordon Romels, for Langley Adðlr, Enforcement Officer. DlR, ro~ confusion 0' licensing wllter welJ drllJers In ct\untles within their district. xc: Mr. C<Hlton and C0:1tractor5 Licensing. YI led. 9. Depllrtmental Reports received IInd filed: A. Veterans Service, August. 19H4¡ 13. Library ~yst~m, GC!ptcmber, 1984. FI J ed. 10. Copy of Jetter dlltt:d 10/8/84, from Atty. ldwllfd R. Miller tt\ Mlchlle1 F. Beal re:: the:: time chanqe:: for deposition of ~llhe1m Thommes. filed. 11. ~mor,~ndum dated 9/1"/84, from I.lIwrence A. Gonzðles, Exec. Dlr., tlorlda Commlsslo:1 on Ethics, re changes In stllt~ laws relating to ethics In government IInd flnanclilJ disclosure. Filed. 12. Copy of Jetter dllted ~/20/84, fro/:', JClseph l'aternCl, Exec. Dlr., JTI'A, to DonaJd Norton, Public ::>ervlces Admlnlstrðtor, rc the County's duties when the I'llln "~dlflcðtlnns are mlldr. ICC: /'\r. Lusk, /'\r. GIJes, and Mr. Saunders. riled. 13. CClpy of letter d.Hed 10/5/84, frt>m ~:lll1am II. \\hltcomb, Asst. Chief, Bureau of Casu,~lty RI!'Ik Jìetention, Di\'. of Risk Managcment, Dcpt. Clf lnsurance ðnd Trel\surer, notifying that ð clðlm has been filed on behalf of lllzðbeth Kelly, plus a copy of letter dilted 10/1/04, from Ian C. Osur to Dept. t>C Insurance re Kelly vs. Collier County. xc: /'\r. Saunders. filed. 14. Letter dated 10/3/0f" from Donald K. Cunnlnghllm' acknowledging receipt of a legal notice of nulsðnce abðtement on his property and statin~ the noticu must be for a lot In the vicinity of hi5 lot. since the house on his lot Is occupied Page 27 ~ :::.1 --....~ L ,--""_.._--,.,,~,,,_..,,_...--~,..,.,_...,-~---- ,.,.;",,,.,,~__,,,~,,,,,,,,,,",,,,~_,,(+.,~__,,___ <I ........._~............_,."..,_......,,'_...,"<.,,~,.....; ,_ ~"",...." ...""..........~.,'4__."".___ !~O" M!...,.: .54- OctoblH 23, 1964 ~~. Memorandum dated lO/10/84, from Fiscal Officer Giles attaching an analysis by fund of tho distribution of the 1964-85 excess fees received fr.m the Tax Collector In the amount of $4H9,90ó.77. Filed. 26. Memorandum doted 10/15/84, from Sheriff Rogers attaching a check (sent to Fiscal Office) for S530,535.G5 for t'xcess fundi from lOll/OJ to 9/30/84, plus copy of State oC Hevenues, Expenditures' Changes in fûnd balance - eudget , Actual. Filed. 2'1. Letter dated 10/0/84, from Property Appraiser Coldlng listing commissions due to tho Property Appraiser's office Crom various taxing authorities from 10/1/84 through l2/1/84, plus a letter dated 10/8/84. from Mr. Colding attaching a copy of Collier County property Appraiser's Annual Reports for year ended 9/30/84. 28. Copy of lettC!r dated 10/1/84, from Earlene J. WillIams, Land Hecordl Specialist, Bureau of Coastal ~ngineerln~ and RequlIHI(HI,' to Mr. Donald L. fasig, General PartnC!r, issuing Advance Notlc~ of Expiration, Permit file No. CO-27, permltteC! Vand~rbilt Partnership, Ltd. Filed. 29. Copy o[ letter dated 10/10/64, from Chief Reeves, Golden Gate fl re Contrcl} , Re!;cuc Dlst., to State of florida, Dept. of Revenue, Dlv. of Ad Valorem Tax enclosing corrected copies of required oocumants pursuant to florid!! Statutes pertaining to l:Iudqet Adoption. Filed. JO. Copy of letter d.)tad lO/2/e~, [rom ChlClf ¡(¡leVCII, Golden Gllte Fire Control' Hescue Dist., providing dates of the District's reqular moetlngs. Filed. . . . There belnq no further business, the mC!C!tlng was adjourned by order of thC! C~ lr - TlmC!: 11:45 A.M. BUAkD ùr COUNTY CÚ'1~.I55JONEHS/BOARD OF ZONING APPEALS/EX OnolCIO GOVERNING t!0^~' ~) 01' ::;P~CI^L CI!;TIUCT5 UNDEH ITa COt/THO Y;-C" ~ /0 d~ __.-:-:.:--..... D~ ~RO\\", CB^lH~I\N ) .....,{; }¡,¡.rb t/" ..' 0.1. f'. (.~ ... .0"'.. . ¡.~ (~. r~" r ":' JrrttSTI -.' ~I~LIA~ J.~~A6¡~, CLERK ". '~/ .\~ r ~':~~d(~'~~~ These minutes app~y thC!' acc on~~¿; /'ý/Y AS presentC!d..... or corrected . . Page 29 , .~-.. -.. ......J c:J ~--- .-J ".....,-.,'--- .~--~'Ot."'7....'. L::.:, ....... ,..._.._.............,,',,~"'-""""'-'~. ,..- ...'''''._·~,..~....,''''N.''''...._..,_' ".,~>._._.~~4._'..~ '-'