The URL can be used to link to this page

BCC Minutes 07/13/1982 R ·~..,_....,~,"""--,- ~__.J ~ --~ .......'........~~ Naples, Florida, July 13, 1982 LET IT BE RP.MEMßERED, th~t the Board of County Commissioners in and for the County of Collier, and ~lso acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to lð~ and having conducted business herein, met on lhi~ d~te at 9:00 A.M. in Regular Session in Building "F" of the Courthous~ Complex, Easl Nðple~, Florida, with the following members prese'1t: CHAIRMAN: C. R. "Russ· Wimer VICE CI~IRM^N: Mary-Frances Kruse John A. pistor Clifford Wenzel Dùv id C. Brown ALSO pnESENT: William J. Reagan, Clerk; James C. G~les, Fiscal Officer; Elinor M. Skinner, ðnd Maureen Kenyon, Deputy Clerks: Burt L. Saunders, Coun~y Attorney; Kenneth Cuyler, ^ssistant Count.y Attorney: Irving Borzon, 'lt1l1ties Manager: C. Williðm Norman, County Manager; 'I"erry Virta, Community Development Administrator; Lee Layne, Acting Zoning Director; Ed~ðrd Smith, Administrative Services Administrator; Donald Norton, Public Services Adm!nictrator; Neil Dorrill, Public Safoty Administrator; Reggie BrO\ffl, Agriculture Department Director; Grace Spð'Jlding, Administrntive Aid~; lInd Deputy Chief RlIY Barnett, Sherlffls ~pðrtmcnt. r.~ . 1 ~aa~ 069 .rA~E 313 . · J'Jly 13,1982 MCK 069 PACE 322. TAPE II ¡u.l AGI.DA - APPROV~D ~ITß ~RANGES, Conal..loner Wenzel moved, .econded by Co.-i..loner Brown anð carried unanlDou.ly, that th. agenda be approved with the followln9 chanCJ··' 1. ~dition of 5-1\-1 - Rosolution regðrding relocating Everglades Deer. 2. Item 17-A-4 - Change the name of Pepper Drive to Pepper Circle. 3. Addition of Il~~ 8-E - A purchðse contract f.or Courthouse Complex property. 4. ttel1l 9-B-1 withdrawn. 5. Item 9-D-4 - wit hd r a wn . Item 9-E-I - withdrawn. Item 9-E-3 - wi thdrllwn. Item 9-E-6 - wllhd rawn. 6. 7. 8. 9. Addition of Item 7-A-I - Policy ßt~tement re the dedication of plant and land for ~ sewer plant. 10. Addition of It~1n 12-C-2 - Appointment o'f a Commissioner 'to' the Auditor Selection Committee. It.. 2 MINUTES OF BCC M!ETIUC or MAY 25, 1982 - APPROVED AS CORRECTED. MINUTES or BCC SPECIAL MEETINGS or JIJ)lE 2 MID 18, 1982 - APPROVED AS PRESENTED Commissioner Kruse asked thðt the minutes of May 25, 1982 be corrected to reflect that she ~as not prosent at the tlme of the vote on the removal of the Lakewood sewer treatment plant. c...la.l...r pl.tor .eved, .econded by Coaai..loner Wenzel and car~ied un.nlaeualy, that tb. .lnute. of Kay 25, 1982 be approved .a corrected and thAt th. alnute. of the BCC Special Mooting. of Juno 2 and 18, 1982 be .pproved .. pre.ented. pag Q 2 -' ...... -- ,.. j --. ---.---- ,.. ,..".. July 13, 1982 It.. J RCSOLUTION 82-78 OFFERIMG ñS5IST^NC! BY COLLIER COUNTY TO TH! FLORIDA CAME AND fRESH ~ATER rISO COMMISSION IN RELOC^TING EVERGLADES DEER - t.OOPTED Commissioner Kruse read the following resolution offering assistance by Collicr County to the Florida Game And Fresh Water Commission in the relocation of surplus deer from Water Conservation Area '3. Commisnioner Kruse explained thllt nhe has been given to understand by tho poople involved on the East Coast that they have more than adequate funds available for this project so that there wo~ld be no cost to Collier County. Commissioner Pißtor stated thdt he was not in favor of this resolution, noting that, in other states where he has 11yed, similar attempts have been mnde to relocate deer and the operation ~as not successful. Co..".sioner ICru.e aoved, .econd.d by c.åats."oner Brown and clcried 4/1, with Co..i..ioner pi.tor oppos.d, ~k.~ ~....w~a_" .. ~. ~. -~·r~-~· rage 3 MO~ 069 rACE32S 'I :\ . \ !¡ ~ I II , \ 'J " " July 13, 1982 It.. " ~OOK 069 rACE 326 Bee E2IOORSES TnE COLLIER Gùt.P AUTnOlun, nc. ,.."':.....ú}!I·l"{ CaLF COURSI Hr. william Clendenon, President ~: the Collier Golf Authority, Inc., li~ted the names of th~ J":~er8 of the organizAtion and th. Board of Directors and gave background history of the groups' goal to provide the area with a community golf course. He said that the Collier Golf Authority, Inc. is a Florida nonprofit corpor..tion and ha. obtained Ð public charity de3ignation from the Internal Revenue Service. He explained that a land holder has donated ðpproximately 160 acres near the Immokalee Road And the Isles of Capri Road intersection with a market value of approximately $500,000 for the golf course and that the Authority is presantly att~mpting to raise, through tax deductible contributions, $200,000 to cover preconstruct ion costs. The esti~ðted cost of construction ia $1,500,000, he said, and that the Authority plans t~ nsk the County Commissioners to endorse a tax exempt revenue bond when the prccise construction and start up costs have. been determined, adding that there will not be any tax money involved since the bond will be retired from income from the golf course. He stated that, when the golf course is debt free, the Authority plans to donate same to the Collier County Parks and Recreation Department. He said that there will be no memberships and thllt the course will be open to everyone who pays a green fee. He explained that none of the officiale of the corporation receive any salary -and all their time and effort Is donated. He offered to make periodic reports regarding the progress of the project if the BCC so desiraß. C...~'.1on.r 8r.wn ftoyed* ..condeð by Coast..1on.r ~ru.. and Page 4 --.-- t"~~ ~~.J ~.J Jury 13, 1982 carried .n..l.oualy, that tho Board .ndoraA the ceaaunlty gelf courao ,reject and work uperted by the Collier G.»1f Authority, Inc. It.. 5 ~PLOYEI SIRVICK AWARDS PR~StNTED Chairman Wir.l~r presented employee service awards to the following employees z Jo~ Stokley - BuIlding Maintenance Armando Herrera - Parks , Recreation *Paul Starnes - Purchasing William Tucker - Zoning *pablo Salinas - Parks' Recreation 10 years 10 years 5 years 5 years 5 years *Not present. Ito. 6 PROCLRMATION RECOC.IZIHG THE ACCOMPLISHMENTS or TH! BOMITA SPRIHGS CBORUS- PRESENTED , . ,Following M.lnhtrathe Aide Spaulding nad1ng the preclalutlen reooqnlatD9 tbe acco.pliah.enta et the Benita Spring. Cheru., c...l.- .teDer Kru.. ..ved, .econded by Co..la.loner Brown and carried amaDlœeu.ly, that the preclaaatlen be adopted. pag.. 5 M~~ 069 PACE s:r ... .r" .,. 'I I ;1 " r...-J ,.----....., , I . ..~._, --.. -- July 13, 1932 It.. 7 THE POLIC1 or REOUIRING THE DEDIC~TION OF ~ SEWER TRE^TN~T PLAKT AMD THE LAND ON ~ICH IT STANDS - WITHD~~WN FROM ALL PUD'S Chðirman Wimer said that the policy adopted by the BCC rcquiring the dQdlcation, by ð developer, of a sewer treðtment plant and the land on "'hich it stands haa not been formalized In the form of an ordinance. He BAld that the BCC has been consistently waiving this requirement when the petitions come before the BCC, adding that the County is covered with the impact fec for the dedication of lines. He said he requested Attorney Pick~orth to investigate the situation, adding that the Clerk's office has sent the Commissioners a ~emo asking that lhe resolution be withdrawn or rescinded until such time as the ßCC decides to do something else. (Resolution 82-266 adopted 12/22/81 pertaining to the Utilities Division Policy was never provided to the Clerk's office.) Attorney Donald A. pickworth explained that the policy which was adopted was not specific and there were no ordinances or formal rosolutions to the Water/Se~or. District IIdoptðd on the subject. He said it is his opinion that the requirement of the dedication of the plant or the land under the plant is not necessary to carry out the County's objectives in utility matters, adding that it is imperative that the lines be dedlcðted and that the impact loes are crucial to Collier County. C...l..len.r piator .oved, øeconded by Com.iasioner ~rua. and carried unanimously, that the policy of requirin9 the dedlcatlen ef the .ewer treatment plant and the land on which it etanda b~ withdrawn fro. all ·PUD'a-. Pðg e 6 ~aOK 069 fACE 929 " ... , .1 (!, JU)y 13, 1982 tUa 8 MOK 069 PACES3Ø ORDIN~MCE 82-48 RE PETITION R-82-11C, w. CLAR~E SW~NSON, JR., REQUEST- ING REZONING FRO~ -~-2", 2C-3-, -RSP-3- , -ST- TO -PUD- FOR AUDUDON COUNTRY CLUB _ ~DOPTED, SUBJECT TO STIPUL~TIONS ~ND PETITIONER'S ~GR!!MENT TO STIPULATIONS - ACCEPTED Legal notice hllving b~en published in the Naples Daily News on June 11, 1982, ~s evidenc~d by Af~idavit of Publiclltion filed with the Clerk, public hearing was opened to consider Petition R-82-11C, filed by.W. Clarke Swanson, Jr., requesting rezoning from "~-2", "C-3", "RSF-3" , ·ST" to ·PUD" for Audubon Country Club. Acting zoning ~irector tee tayne indicated the locatio~ of the property, on an overhead map, AS being bet~een Little Hickory/Bonita Shores and DlIY Forest on the west side of Vanderbilt Drive, adding that the petitioner Is proposing to develop 675 single a~d multi-family units with Q golf course and commercial area on 486 acres at a density of 1.39 units per acre. She read from the Executive Summary dated 6/15/82 which indicated that the petition has been reviewed by all advisory boards and staff and has been recommended for approval. She said the CAPC held their public hearing on June 3, 1982 and recomø,ended forwarding petition R-82-11C to the Board for approval subject to amendment of the "PUD" document and that the petitioner agreed to all recommended changes to the "PUO" d~cument except to dediclltion of the land and tho plant for sewage treatment, add Ins that an additIonal change ~as made tc the ·PUD" document that turn lanes into the project would be added prier to issuance of a CO of each parcel, to which the petitioner agreed. Attorney George VlIrnndoe, representing the petitioner, said that the project was revinwed with the neighbors to the north, Bonita Shore. page 7 M. ~.U.!ìy~~.............f"~I"'v"",,,,,,,~,,-,,, ~ ¡:;:J ~----"I .-_...-~, ~ July 1), 1982 and, based on their input, he made the following statements for the record to formalize ~greements mDde ~ith thoa~ persons: 1. There will be no fence between Audubon Country Club and Bonita Shores. 2. There will be no building structures within 50 feet of thft common property linu, which would include such things as golf benches and bðl1 washccs. 3. The Audubon Country Club will maintain as much of . natural vegetðtive buffer between Bonita Shores and Audubon Country Club ðS is practical and compatible with good golf course design. Mr. Varnðdoe said th~t Messrs. John o. Slmcnds, Stanley Hol~, and Jack B~rr were present to ðns~er any questions. C~aa1aaionGr Wenzel moved, .econded by Co..i.aion.r Plator and carrl.d unani.Qualy, that the public h.aring b. closed. Co..laglon.r ,Iat.r ....d. ~econded by Com.in.ioner Brown and cœrrl.d unanl.oualy, that th. ordlnanc. ~a numbored and entltleð below b. adopteð and .ntered Into Ordinance Beok No. 15 aubj.ct to petltlon.r'a agr....nt and a..nd..nt to th. -PUD- docu..nt. ORDINANCE 82-48 AN ORDINANCE AMENDING ORDINANCE 82-2 THE COMPREHENSIVE ZONING REGULATIONS FOR THE ~INCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE ZONING ATLAS MAP NUMBER 48-25-3 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM ·A-2, A-2ST, C-3, RFS-3 , RSF-3ST" TO "PUDW PLANNED UNIT D~VElOPMENT FOR AUDUBON COUNTRY CLUB LOCATED BETWEEN lITTLE HICKORY/BONITA SHORES AND BAY FOREST; ~ND BY PROVIDING AN EFFECTIVE DATE. Page 8 aaOK 069 P^CE'SM: .. '. 'I ~ 1 o' . II{ . ~., . i, ~_.""",....~,""."._.,.", ".........,~...,,...,,'-- '''''' ,....w_.._.'_....., '__.._. .J c::J I ;1 I 01 I, , .I '" July 13, 1982 IU. , PETITION R-81-IS-C, NAPLES FINANCIAL SERVICeS, R~QU~STING REZONING 'ROM -RMr-l2- , "RAr-16~ TO -PUC- 'OR HENCERSON LA~I ESTATES - COHTINUED UMTIL 9/1'/82 Co..i..ioner Wenzel 8oveð, .econded by Co..i.aioner Kru.e and carried un.nl~qu~11, that Petition R-81-1S-C, filed by Naplea Plnanclal Service., requeatln9 ro%o~ln9 f,oa wRM-12w , -RMr-16- to -PUD- for Benð_raon Lake ~atatea be continued until 9/14/82 with petitioner payln9 tbe coat of r.advert18Ing. Ita. 10 ORDINANCE 82-49 RE PETITION R-82-3C, TH! ROOKERY, LTD., REQUESTING REZONING rROM -A-2-, "RSr-4· AND -C-4w TO -pun- FOR 61~DOWWOOD LOCATED AT orBr: PRP.:SENT WING SOUTH AIR PAR~ OM RJI\.TTLEStIAI'\! HAMMOCK ROAD - ADOPTED, SUBJECT TO STIPULATIONS AND PETITIONER'S AGREEMENT TO STIPULA- TIONS - ACCEPTED Legal notice havln9 been published in the Naples Daily News on Jun~ 11, 1982, as ~vldenced by Affidavit of Publication flIed with the Clerk, public hearing was opened to consider Petition R-82-3C, filed by The Rookery, Ltd., requesting rezoning from "A-2-, WRSF-4" and "C-4" to "PUD" for ShadowWood. Acting Zoning Director Lee Layne indicated the location of prop9rty on an overhead map as being at the present Wing South Air Park on Rattlosnake I!ðmmock".oad, adding that the dcvelop~r is planning commercial, II single family units and 558 multifamily units on 16B acres at a density of 3.6 units per acre. She said th~ petition has been reviewed ð~d r~com~endecl for approval by staff and all County advisory bOllrds subject to amendment of the "PUD" document to include stipulations A through H on the Executive Summllry in the ag9nda. She said the CAPC hcld their public hearing on June 17, 1982 and recommended pag. 9 &OO~ ass rA¡'¡: 333 ,. 'I ~ t' ') "~ð coA July 13, 1982 MQK ~ PACE ¡;iJ"f' to forw.~ð Petition R-02-3C to the BCC for ðpprov~l subject to the stipulations. Mr. Wafaa ~~.ððd, of Wilson, Miller, Barton, SolI, , peek, repre- aentinq the petitioner, said that two alternatives have been provided in the .PUD" document for the item dealing with utilities and, In light of the policy change this date, he requested that the shorter paragraph on page 17 of the "rUD" document be adopted. Ce..i..loner Wenzel .oved, .econded by Co~iaal.ner Brown and carried unanl.oualy, that the public hearlnq ~e cloaed. Co..laalener Wenzel Doved, .econded by Commi..loner 9rewn and carried unanlaoualy, ¿ that tbe ordS..nce a. nu.bereð and entitled b4lov be adopted and entered Þ ~. inte Ordinance Book 15 aubject to ~.end.ent ot the ·PUCe docuaent and that the petltloner'a agroegent be acc.pte~? ,~ ç; ,.~f. r':, .? ~ At.·;, .~ .~\ lc,' f. \ ". ~ .?~ II ORDIN.&..NCE 62-49 AN ORDINANCE AMENDING ORDINJ\NCE 82-2 THE Cor~PREHENSI\'E ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY "'MENDING THE ZONING A"LAS MAP NUMBER 50-26-5 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPf.RTY FROM A-2, RSF-4 , C-4 TO PUD PLANNED UNIT t'EVELO~MENT FOR "SHADOWWOOD" LOCATED AT WING SOUTH AIR PARK, AND BY PROVIDING AN EFFECTIVE DATE. pag_ 10 I t1 f.·I' ,... . ~ ~....~ ~~"\ t'.-"." [,I ".J ~i t}. ';";: ~1~ ¡:~ l,., ~<'. .. .t , .~"':.'.~::.' . :! '! i-I ~",¡ ~y 'ï; } :J .. J ;¡ .' ,. " , " I , :-'1 ,-:,,1 "',¡';. .. I#} July 13, 1982 aOOK ()E)~ rÀ~E~ ORDIMANCE 82-50 RE PETITION R-82-8C, CEORG! RUBINTON, REOU!STING REZONING PROM "~-2- , ·ST- TO -PUD- FOR HAW~S MIST LOCATr.D ON THE WEST SIDE OF VANDERDILT DRIVE - ADOPTED, SUBJECT TO STIPULATIONS AMD PETI- TIONER'S AGREEMENT TO STIPULATIONS - ACCEPTED Legal n~tice having been published in tho Naples Daily News on June 11, 1982f as evidenced by Affidavit of publicatIon filed with the Clerk, public hearing was opcn~d to consider petition R-82-8C, filed by George Rubinton, requesting reloning from "A-2" , "ST" to "PUD" for Hawks Hest. Acting Zoning Director Lee TÀyne indicated on an overhead map the location of the pr~perty ûs being on the west side of Vanderbilt Drivo .14 mile south of Bay Forest, adding that the petitioner is proposing 232 multifllmily units on 41 acres at a density of 5.7 units per ~cre. She said that the petition has b~en reviewod by stnff and all County advisory agencies lInd recommended for approval subject to ~he stipu- lations on the Executive Summary dated 6/15/82. She said the CAPC held their public hearing on J\Jne 3, 1982 and recommended forwðrding Peti- tIon R-82-8C to the BOllrd for approval bubject to the stipulations. Responding to Commissioner Kruso, Ms. Layne indicated on the map the proximity of this petition to Petition R-82-11C for Audubon Country Club which has a density of 1.39 units por acre. Responding to Commissioner Krusef Mr. William Vines, representing the petItioner, expla illed thllt the development pattf'rn of the Bay Forest project, immediately north of the Hawks Nest project, 1s, for all practical purposes, 1dentic~1 to tho development pattern of Hawkð Nest, and ho described sam~. Responding to Commissioner Kruse, Ms. Layne said thllt Bay Forest, Wûterglades, to the south of Hawks Nest, Page 11 ;-:--.... .........___1 ,...---... '--...~ -..-..--..... July 13, 1982 and Hawks Nest have the density of approximately 5.65 or 5.7 units per acre. Respond ing to Commissioner pi stor, Mr. Vines expla ined that this petition depends upon County water and sewer services b~ing available at the time of development, adding that the developer is committing that his ti~etable will be keyed to County service ðvailabillty, since there Are no temporary on-site sewer plants planned for the Hawks Nest project or the next petition to be dlscus3ed, Wat~r9lðdes. Co..i..ioner W.nzel .oyed, .econded by co..i..IQner Brown ~nð carrl.~ unani~ou.ly, that the public h.aring be closed. Co.-i..ioner IroYa .oy.d, ..co"ded by Co.mia.loner pi.tor and carrieð 4/1. with Co.-S..ioner W.nzel oppo..ð, that the ordinanc. a. nu.bered and entitled below b. adopted and ent8red into Ordinance Book No. 15 .ubj.ct to .tipulatlon. and that the petStioner'. .gr....nt be accept.d. ORDINANCE 82-50 AN ORDINANCE AMENDING ORDINANCE 82-2 THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE ZONING ATLAS MAP NUMBER 48-25-3 BY CHANGING THE ZONING CLASSIFICATION OF TilE HEREIN DESCRIBED REAL PROPERTY FROM A-2 & A-2ST TO PUD PLANNED UNIT DEVELOP- MENT FOR -HAWKS NEST· LOCATED ON TH~ WEST SIDE OF VANDERBILT DRIVE, SOUTH OF BAY FOREST; AND BY PROVIDING AN EFFECTIVE DA T E . Page 12 ~OOK 069 PACES31 ...~ I "'1.~'''' --- , \ ..... ........" , '.J' ---.-- .. July 13,1982 T~pr; 2 Ite. 12 ORDIN~NCI 82-51 RE PETITION R-82-10C, JOHN BOURASS~, RECU~STING REZON- ¡NG rROM wA_2w , "ST- TO ·PUDw rOR W~TERGLADES LOCATED ON THE WEST SIDE or V~NDERtILT DRIVE - ADOPTED, SUUJECT TO STIPULATIONS ~ND PtTITIONER'S ~GR£E"ENT ?O STIPULATIONS - ACCEPTED Logal notice having b~en published in the Naples Daily News on June 11, 1982, as evidenced by ^ffiðcvJt of publication filed with the Clerk, public hearing was opened to consider pctition R-82-10C, filed by John Bourasßa, t~qu~sting rezoning from "^-2" & "ST" to "PUD" for Waterglade~. Acting Zoning Director Lec Lðyne indic~ted on an overhead map the location of the property as being on the ~est side of Vanderbilt Drive, Immediately south of the Bay Forest project, adding that the petitioner is proposing to develop 235 units on 40.87 acres at a density of 5.73 units per acre. She said th~t staff and all advisory boards have recommended approval of the petition subject to the stipullltions on the Executive Summllry dated 6/15/82. She explained that the CAPC helð their public hearing on June 3, 1982 and recommcnded forwarding Peti- tion R-82-l0C to the Board for approval subject to staff's stipula- tions. She said that Mr. William Vines was present to represent the petitIoner. Co..ia~ioner Brown .ov.d, ..conded by Coaalaaton.r Wenzel .nd c.rrled unaniaoualy, th.t the public h..rlng b. clo.ed. Co.-ia.ioner Brown aoved, aecond.d by Comai..lon.r pistor and carri.d 4/1, with Co..i..ton.r W.nz.l oppo..d, th.t the ordlnanc. aa nuab.r.d .nd entitl.d b.low b. adopt.d and .nt.r.d into Ordlnanc. Book ... 15 aubject to ataff'. atlpulation. and th.t the petition.r'. .gr....nt be accept.d. Page 13 noo~ 069 PACE S39 " --""---,",-"~"",,, July 13, 1982 ORDINANCE 82-51 ~OQ1: Q &9 PA~E 840 AN ORDINANCE AMENDING ORDINANCE 82-2 THE COMPREHENSIVE ZONING REGULATIONS FOR TilE UiHNCORPOR^TED AREA OF COLLIER COUNTY, FLORID" BY AMF.NDING TilE ZONING ATLAS M^P NUMBER 48-25-3 BY CHANGING TilE ZC~ING CLASSIFICATION OF THE HEREIN DESCRIBED RF~L PROPERTY FROM -^-2 & A-2ST" TO "PUD" PLANNED UNIT DEVELOPMENT FOR "W^TER(jLADES" LOCATED ON TilE WEST SIDE or VANDERBILT DRIVE, SOUTH OF BAY FUREST; ~ND BY PROVIDING AN EFFECTIVE DATE. pag. 14 _"""·"""··.·,,,,·..,,"...,,....C·'.,,,·,,-,.._,,,. '.;> July 13, 1982 It.. 13 MDK 069 rAcE342- ORDINA.C! 82-52 R! PE?ITION R-82-12C, ~IMCS LA~!, L~D., REOUESTI.C AM ~!MDMENT TO TH! ~INGS LAKB -PUD- LOCATED AT ~INCS LAKE OM DAVIS BOULEVARD - ADOPT!D Legðl notice having been published in the Naples ~ily News on June II, 1982, as evidence by Affidavit of publication filed with the Clerk, public hearing was opened to co~sider Petition R-82-12C, filed by Kings Lake, Ltd., requesting an amendment to the Kings Lake "PUO" located at Kings l.ðke on Davis Boulevard. Acting Zoning Director Lee Layne explained thllt the petitionor is proposing to redevelop th~ existing 5chool/park site into a park, single fllmily and multifamily use, adding thllt the original King!! -Lake "PUD" hlld set aside 19 acreS for /II school and park site. She stated that, since that time, agreements have been reached with the School Board with adequate contributions of real property and funds. She referred to the Executive Summary dated 5/10/82 which indicates the dwelling unit assignment. She said that the CAPC held their public hearing on May 6, 1982 and recommended fQrwarding- Petition R-82-l2C to the Boar~ for approval. Mr. Wafaa Assaad, of Wilfton, Miller, BlIrton, SolI' Peek, representing the petitioner, explained he had nothing to add unless the BCC hlld specific questIons. C...laaloner Wenzel ar-ved, .econded by Co..I..lonor Brown and carried unan1.oualy, that tho publIc h.aring be clo.ed. Co..i..io~er Wenzel .oyed, .econdeö by co~.I..lon.r Brown and carried ~naniaou.ly, that thz ordinance .. nu.bored and entitled below bo IIdoptod. Page 15 ",----.--, ! I .---... -~ -- 1-.·.·.. July 13, 1982 ORDINANCE 82-52 AN ORDINANCE AMENDING ORDINANCE 82-2 TItE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCOnpORATED "flEA OF COLLIER COUNTY, FLORIDA BY AMENDING· TilE ZONING l\TLJ\S MAP NUMBER 50-26-3 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM ~PUDw TO wPUDw PLANNED UNIT DEVELOPMENT FOR "KINGS t I\KE, LTD.w LOCATED ON TIlE SOUTH SIDE Of' DAVIS BL\TD., 1 MIf.E EAST OF "IRPORT ROAD; l\ND Sf PROVIDING AN EFFECTIVE DATE. ORDINANCE 82-53 RE PETITION R-82-15C, CITY NATIONAL BANK or MIAMI, REOUESTU~G AN AMEtmMENT TO THE SHAMROCK COUNTRY CLUB BY RELOCATING THE SEWAGE TREATMENT PLANT AND CßAMGING THE NAME TO EAGLE CREEK FOR PROP- ERTY LOCATED AT TilE 5W CORNER or u.s. 41 AND S-951 - ADOPTED WITH UTILITIES MANAGER'S STIPULATIONS Legal notice having been ?ublished in the Naples Daily News on June 11, 1982, as evidencc~ by Affidavit of publication filed with the Cl~rk, public hearing was opened to consider Petition R-82-l5C, filed by City National Dany. of Miõmi, requesting ðn amendment to the Shamrock Country Club by relocllting the sewage treatment plant and changing the name to Eagle Creek. Acting zoning Director Lee Lðyne indicated tho location, on an overhead map, of the property as being at the southwest corner of U.S. 41 and S-951, and pointed out the southern portion of the property where .the petitioner proposes to rclocate the sewdge trel'.ltment plant. She referred to the Executive Summary dated 5/10/82 and explained that staff and all lIdvisory boards have recommended approval of the peti- tion. She said that the CAPC held their hearing on Mðy 6, 1982 and recommended forwarding petition R-82-15C to the Board for approval. Hr. Tom Peek, of Wilson, Miller, Bðrton, SolI' Peek, representing the petitioner, ~as present to answer questions. Co..i..loner Wenzel .oved, seconded by Comaiaaioner Brown and page 16 ~OD~ .069 PACE34a --'''-'''''~'''''.'' ,".,"*~. .",......... ~ ~ July 13, 1982 &ODK \IUi7 PACE carrleð unani.uua y, that tho public hearing ue clo.ed. Commlaaloner Wensel .oved, .econded by Co~.i.aioner Brown and carried unani..ualy, that the ordinance a. nuabered and entitled below be adopted and entered into Ordinance Book No. 15 subject to the UtUitha Man_ger'. .tipulations. ORDINANCE 82-53 1.N ORDINANCE AMENDING OHDINANCE 81-4, THE PUD DOCUMENT FOR SHAMROCK COUNTRY CLUB BY CHANGING THE NAME TO EAGLE CREEK AND BY CHANGING THE LOCATION OF THE SEWAGE TREATMENT PLANT, AND BY PROVIDING AN EFFECTIVE DATE. It.,. 15 OREHNANC~ 82-54 R~ PETITION R-S2-17C, \lfINDSTAR DEVELOPMENT CORP., REQUESTING A~ENDMENT TO FISHERMJIU'S COVE "PUD" BY CHANGING Tn! NAME TO WINDSTAR, RELOC....TING THE SEWAGE TREATMENT PLANT AND RELOC....TING THE SOUTHERN ~OADW^Y - ADOPTED, SUBJECT TO UTILITIES MANAGER'S STIPULA- TIONS, PETITIONER'S AGRt:Er1E1JT - ACCEPTED Leg~l notice having been puhlished in the Naples Daily Newa on , June II, 1982, as evidenced ry Affidavit of publ¡cation filed with the Clerk, public hearing was opcned to consider Petition R-82-17C, filed by Windstar Development Corporation, reque3ting amendment to Fisherman's Cove uPUDw by changing the nllme to windstar, relocating the sewage treatment plant and relocating the ~outhern road~ay. Acting Zoning Diroctor Leo Layne said that the petition has been reviewed by staff and all County agencies and recomm~nded for approvlll. She said that the CAPe held their public hearing on June 3, 1982 ðt which time property own~rs, locðted several hundred feet to the south of the plant, objected to the relocation. She explained that she receIved a memo from Utilities Manager Berzon this morning relðting to Item 6 in his mp.mo of ^prl1 7, 1982 regarding ~he requirement of conceptual site plùn and thllt the petitioner has submittfld that dðta Fðge J. 7 ~~:~ r::::J July 13, 1982 whIch 1s Eound in order, adding that Mr. Dcrzon is rccommcn~ing the following 8tlpul~tionr I. Developer must obtain approval from the DER of tho sewage treatmcnt effluent dIsposal system as proposed In tho rezone. Should the proposed method of dispo9l1l be found unacceptable to DEn, the devoloper must be abl~ to obtain approval of an alternate sewage treatment and disposal system acceptable to the UtilIties Division. Ms. Layne said the C^PC recommended forwarding Petition R-82-17C to the Board for approval subject to the Utilities Manager's stipula- tions. Mr. Mike Steven, of Coastal Engi~cerlng, representing the peti- tIoner, stated that he agreed to the additional stipulation presented by Mr. Berzon. Responding to Commissioner Plstor, Mr. Steven said that the sewage treatment plant, at the present time, Is desIgned for the capacIty of the project and that the doveloper would be willing to discuss with the Count'l and Utilities Division any expansion to that plant should the necessity arise. Co_laaloner Wenzel moved, .econded by COllUlli..loner Brown .nd c.rrled unanl.oualy, th.t the p~blic hearing be clo.ed. Co.-Issloner Wenzel moved, .econdeð by Co..I..loner Brown and carried un.nl.oualy, th.t the ordln.nce .a nuabered .nd entitled belov be adopt.d .nd enter.d Int. Ordin.nce Book No. 15, aubject to the Utilities ...n.ger'a atlpulatlon. .nd th.t the petitloner'a .gr....nt b. .ccepted. Page 18 aOOK 069 PACE S46 ~.. . I, ¡, -: -'-'.--.,,".. July IJ, 198' ORDINANCE 82-54 MOÄN q{lJ~~~MENDING ORDINANCE 82-2 TilE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY "MENDING THE ZONING ATLAS MAP NUMDER 50-25-1.' 50-25-6 BY CHANGING THE ZONiNG CL~SSIFICATION OF THE HEREIN CESCRIBED REAL PROPER'¡'" FROM II PIJC" TO "PUD" PLANNED UN'tT CEVELOPMENT FOR "WINDSTAR DEVELOPMENT COMPANY" LOC^TED IN SECTIONS 11, 14, AND 23, TOWNSHIP SO SOUT:I, RANGl.' 25 EAST AT FISHERMAN'S COVE; ^ND BY PROVICING AN EFFECTIVE DATE. Page 19 ",_"C_~~'-"',"'->'''''''''''';''''^'"' --.'- ~..~.~ ---..--. "---..._..; July 13, 1982 It.. 16 ORDINANCE 82-55 AMENDING ORDINANCE NO. 82-33 BY AMENDING Tn~ LEGAL DESCRIPTION or THE GLADES STREET LIGHTING MUNICIPAL SERVICE ~AXING UNIT - ADOPTED Leqal notice having been published in the Naples Dðily News on June 23, 1982, as evidenced by Afflðovit of publication filed with the Clerk, public hearing WlIS opened to consider lIn ordinance to amend Ordinance No. 82-33 by lImending the legal description of the Glades Street Lighting Municipal Service Taxing Unit. Mr. George Archibðld explained that the boundary change for the Lighting District created by Ordin~nce No. B2-33 resultß from a divl- slon in the land ðnd that staff recommcnds sold ordInance be amended because thp. parcel of land receives no benefit from the Lighting Dißtrict. nesponding to Commissioner Kruse, Mr. ^rch~bald said the change would decrease thc size of the Lighting District. Co..issioner Wenzel moved, ..conded by Co..is.ioner Brown and carried unant.oualy, that the public hearing be closed. Co_i.doner Wenzel .~ved, œecondeð by Co..tastoner Brown and carried un_ni.oualy, that the ordinance a. nu.bareð a~ð entitled below bo aðopted and enterd into Ordinance Book 115. ORDINANCE 82-55 AN OROINANCE AMENDING LEGAL DESCRIPTION OF SERVICE TAXING UNIT; EFFECTIVf DATE. ORDINANCE NO. 82-33 BY AMENDING THE THE GLADES STREET LIGHTING MUNICIPAL PROVIDING FOR CONSTRUCITON AND ~N Ito. l7 RESOLUTION 82-79 Rt PF.TITION PU-8~-2C, RANDALL CRAWrORD, REQUESTING PROVISIONAL USE (b) OF "A-2" FO~ EXCAVATION FOR 30 ACRES LOCATED EAST or THE LANDFILL ON THE NORTH SIDE or ALLIGATOR ALLEY - ADOPTED, SUBJECT TO STIPULATIONS, FINDING OF PACT - ACCEPTED Acting Zoning Director Lee Lðyne explðined this is a recommenda- tion for approval of petition PU-82-2C, filed by Randall Crawford, roquesting Provisionlll Use (b) of "A-2" for an excavation, adding that BODK 089 PACES47 Page ~O .' ¡ July 13, 19(;.2 MQK ne.o fACE948 Ph4~e ~thIs petition was previously approved by the ßCC on May 11, 1982. She said the CAPC held their public hearing on Juno 3, 1982 and recommended forwarding the petition to the Board of Zoning Appeals for approval, addIng that Mr. Crawford w~s present this morning. Commis- 8ioner Kruse asked if the Engineering Department was "happy with the petition", to which Mr. George ArchIbald responded affirmatively. CoeaK.aloner Piator .oyed, seconded by Co.-iaaioner Kru.e and carried 4/), COM~l.aioner Wenzel opposed, that Resolution 82-79 re Petitio" PU-82-2C, Randall Crawford, requeatlng Provialonal U.. (b) of -A-2- for excavation for 30 acrea located .a.t of the landfill on the north aide of Al!lgator Alley, be adopted subject to stipulatlona of excavation permIt 159.135 and that the Finding of ract be accepted. Page 21 I Ii July 13, 1962 ~OGK 069 rA~Eß5+ RESOLUTION ð2-80 R! PETITION PU-B2-l0C, THE ROC~ CHRISTI~. CHURCH, REQUESTING PROVISION~L USES (a) ~ND (b) or THE EST~TES DISTRICT rOR ~ CHURCH MID GCnOOL ON 5 ^,CRES, LOC~TED ON THE WEST SIDE or C-95l, 330' MORTH or 5TH ^,VEUUE SW _ ~DOPTtD, 6UB.1~·::T TO STIPULATIONS I PlNDIUG or r~CT ~MD PETITIONER'S ~GREEKENT - ~CCEPT!D I tea 11 ^cting Zoning Director Lee Layne said that this is a recom~enda- tion for approval of Petition PU-82-l0C, filed by The Rock Christian Church, requesting provisional Uses (a) !!Io1 (b) of the Estðtes District for a church and school. She indicated the location, on an overhedd ØllfP, as being on the west sido of C-95l, 330' north of 5th ~venue SW, approxlmlltely 1-1/2 mile (\orth of Golden Gate City. She explained that the petition hðs been rcv iewed by sta ff and all ðdvisory boards, adding that the CAPC held their public heðring on June 3, 1982 and recommended forwarding Rame to tho Board of zoning Appeals for approv~l. She 84\d that the potitioner was present to respond to questions. Co.-i..Soner Brown moved, .econded by Comal..lonar W.n~.l and carri.d 4/1, vith Co&mi..lon.r ~ru.. oppo.ed, that Re.olutlon 82-80 re Petitio~ PU-82-10C, The Rock Chri.tian c~urch, requ..tlng provl.lonal U~e. (a) .nd (b) of the E.tat.. Di~trlct for a church and .chool loc.t.d on the ve.t alde of C-95l, ))0' north of 5th ~y.nu. SW, b4 adopt.d, .ubject to .tipul.tion. .nd that the Finding of ract and p.titloner'. .gr....nt be acc.pt.d. Page 22 ~---, I.AIIØIH--_~ CJ JIJly 13, 1982 It.. 19 RESOLUTION 82-81 RE PtTITION PU-82-l1C, BRISSON ENTERPRISES, REQCESTIMO PROVISION~t USE Ð or -A-2- fOr. ~N EXCAVATION FOR 33 ACRES LYING NORTH or THE EXISTWG MARCO W1t.TER SUPPLY LAKE - 1t.DOPTED, SUBJECT TO STIPULA- 110MS. FINDING or FACT ~ND PETITIONER'S 1t.GREEMENT - 1t.CCEPTED ~cting zoning Director Lee ~yne said thi~ is a recommendation for approval of Petition PU-82-11C, filed by Brisson Enterprises, request- lng provisional Use B of "1.-2" for ðn excðvatlon for 33 acres, and indicated the location of the property, on an overhead map, liS lying nort:, of the Marco water supply area. 5ho said th~t the C1.PG hold their public hearing Qn June 17, 1982 and rp.commended forwarding tho petition to the Board of zoning Appeals for approval. Mr. Ross Longmire, representing the pp.titioner, WlIS present to respond to questions. ~..1..1on.r Brown .oved, J.cond.d by Coø.1..ion.r piator and carri.d unani.ously, that Re.olution 82-81 r. rettt10n PU-ð2-!1C, f11.4 by Bris.on tnterpri.es, requ.sting provi.ional U.e B of -A-2- for an oxcavation for 33 acres lying north of the exiatlng Marco vat.r supply lak., b. a60pted and that the Finding of Fact and petition.r'. .9r....nt b. .cc.pted. ~oa~ 069 r/\GES61 Page 23 I' ;, July 13, 1982 Ite. 20 ~OOK t)E)5Þ rACE~ RESOLUTION 82-82 R! PETITION PU-8l-l2C, SEAGATE BAPTIST CHURCH, REQUESTING PROVISIONAL USES (c) , (j) of -A-2° FOR A CHURCH AND SCHOOL ON 9+ ~CRES LOC^TED 1-1/2 M!LE~ lAST C' A1RPORT ROAD, 1/4 MILE SOUTH or PINE RIDGE RO^D ON THE EAST SIDE or WRIPrORWILL WAY - ^DOPTED, SUBJECT TO STIPULATIOt¡S. FINDING or 'ACT A~D P~TITIONER'S AGnr.EMENT - ACCEPTED Acting Zoning Dire~tor Lee Layne said this is ~ recommendation for approval for Petition PU-8l-l2C, flIed by Seagate Baptist Church, requestin~ provls10nlll Uses (~) & (j) of "A-2" for a ~hurch and school, and she indicated the location of the property~ on an overhead map, as being 1/4 mile south of pine Ridge ROùd on the east side of Wñipporwill Way. She explained that the CAPC held their public hearing on June 3, 1982 and recommended forwarding the petition to the Board of Zoning AppclIls for approval. Mr. Harry Denyes, the architect, and Mr. David Humphrey, repre- senting the petitioner, .....ere ¡:.resent to res;;:.ond to que'1tions. ilr. E. T. Brisson stated that he owned pr~perty on the south end of Whipporwil1 Lane and had no objection to the church. He explained that a horse show is held on his property the first Sunday of each month beginning October 1st ðnd continuing until April 1st and that, at church time, there will b~ from 50 to 100 vehicles passing the site of the church the first Sunday in each month which he wanted the Board and the church to know. Co..issioner pistor ~oved, seconded by co..issioner Brown and c.rrled unanimously, that Resolution 82-82 re Petition PU-81-l2C, filed by 50.gate Baptist Church, requecting provision.l US.S (c) · (j) of -A-2~ for. church and school at the .bove location, be .dopt.d subject to stipul.tions and that the 'inding at r.ct .nd p.tit.ioner'. .gr....nt b. accept.d. Page 24 ~_._- - ....-- ~,---,; , I ...........-.-J July 13, 1982 It.. ~ 1 PETITION V-82-11C, TOM ~HD C~ROL! o'eRIEN, ReQUESTING ^ SIDE YARD SET- BAC~ VARIANCE FOR PROP~RTY LOCATED ON LOT 4, BLOC~ I, POINCIANA VILLAGE AT 3428 TOLEDO WAY _ D£NIED. STArr INSTRUCTED TO INVtSTIGA7E TWO OTHER ~ARPORT8 IN TH! ~REA Legal rotice having been published in the Naples Daily News on July 27, 1982, liS evidenced by Affid3vlt of publication filed with toe Clerk, public hearing was opencd to consider Petition V-82-llC, filed by Tom and Carole O'Brien, requesting a side yard netback varillnce for property located on Lot ~, Block I, Poinciana Village at 3428 Toledo Way. Acting zoning Dircctcr Lec Lðyne explained staff's recommendlltion tor donial of Petition V-82-11C for a side yard setback variance of 7-1/2 feet to receivc lIpprovðl for ~n already constructed unpermitted carport. 5h~ ~3ió that the p~titio~ers filed for II building permit on March 31, 1982 which wa3 never picked up by the petitioners, adding thðt in ^pril they were cited for building ð carport too close to the property line anò for not obtaining a building per~it. Mrs. Carole O'Brien, petitioner, explllined there are two other carports constructed on her block and that she and hot' husband had a carport constructed and were then tolù to -take it down". Responding to Commissioner pistor, Ms. Layno slIid that the cðrport is right on the proporty line. Responding to Chairman Wimer, Mrs. O'Brien 3aid there is a carport acrosS the street from her property and another on the corner of her streðt ~hich are on the property line and were con- structod during the past year, lidding sbe hèld shown those to the porson ~ho investigated her carport. Chairman Wimer said he had received a letter rftgarding those carports and that he has looked at them and that he could verify they arc there anò appoar to be the same circumslance ðS the O'Brien's c~rport. Çommissioner pistor said he had looked at the carports ðlso. ~O~K 069 PACES75 Page 25 'I tlO~K 069 rACE ß?6 J u 1 Y 1 3 , 1 982 Co.-iaaloner Wen1.~l ~oved, aecondftd by Co..i~Aloner Brown and carried unanlmou.ly, that the public hearing be clo.ed. Responding to Commissioner Kruse, Ms. Layne said that the zoning Departmcnt could not hAve approved the aforementioned building pormit because it did not ~.et the setback requirements, adding that the permit has not been signed off by zoning. Ms. Layne sai~ that the permit came froM the Building Department to the Zoning Department but that the permit could not be initialed liS meeting zoning requirements by the Znning Depart- ment and that the petitioners were informed that they would hllve to file bn appeal f.or a variance, which was never filed and that the carport was built. Mrs. O'Brien stated they were never informed to file an appeal until people came out to inspect the carport. Commis- aioner Wenzel pointed out that filing for ~ permit does not mean it has been approv~d an~ Chdirm~n Wimer added that most people who ðre not contractors do not realize that. Responding to Commissioner Kruse, Ms. Layne explained that, to her kno~ledge, when a permit comes through the Zoning Dep~rtment office which cannot meet zoning requirements the petitioners are called lInd that she assumed, in this Cllse, that they were ~alled and notified that the permit did not meet those require- ~ents. She said that approximately two weeks after the date of the building permit application, the zoning officers were in the area and saw that the carport was already built. Mrs. o'Brien stllted that she had never received such a call. Co..i..ioner Bro~n moved, seconded by Chair.an Wi.er that Petition V-82-lIC, Tom anð Carole O'Brien, requesting a .lðe yarð .etback varlanco, be approveð, "otion waa ðenied 2/3, with Co.-i..lonera Kru.e, Wenzel and pi.tor opposed. Responding to Commissioner Brown, Chair~ðn Wimer said the petitioner would have to take the car~rt down. Commissioner KrUdè lrstructed ~taff to investigðte the other two Page 26 :?J Ms. Layne ag¡:eed. ~¡ It.. 22 \?II PETI~10M V-82-l4C. JORN A. MACRIS, REQUESTING A SID! AND FRONT YARD VARIANCE FOR PROPERTY LOCATED AT THE NE CORNER or SPRUCE ~VENUE AND SOUTH COLLIER BOULEVARD ON MARCO ISLAND - DENIED .., r---, ¡_.~ ,..-- t-'h..' : ..; July 13, 1982 carports in the ðrea to see if they met zoniny requirements, to which Legal notices having been published in the Naples Daily News on June 27, 1982 and in the Marco Island ElIgle on July I, 1982, as evidenced by Affidllvitq of publicatIon filed with the Clerk, public hearing was opened to consider petition V-82-14C, filed by John:". Mðcris, requesting II aid~ and front yard variance for property locllt~d at the northeazt corner of Spruce Avcnue ~nd South Collicr Boulevard. Acting Zoning Director Lee Lay~e explained that the petitioner proposes to construct storage bins to contllin mulch, lava rock and gravel, adèiilg t:lut tho subject property, located at the southern end of the Marrlot': Beach Botel tennis courts, is proposed t" be used for a groenhouse ~nd nursery facility. She sðid the petitioner is proposing to setback 5 feet from the front property line and 15 feet from the sIde property line, adding that 20 feet is the requirement. She explained staff recommends denial of this petition. Commissioner Piator said he had looked at the area and that he feels the proposlll is not compatible with the area, adding he had received comments (rom many pcople in the area objecting to the proposal. He :iaid he could not unders':and why the storage could not be placed near the airconditioning wlIter tower in the parking lot north of the proposed site. Clerk William J. Reagan entereð into the recnrd receipt of a letter signed by 16 residents opposing the variðnce. Mr. John A. Macris, of Macris, Ilendricks, and Whitmore, of Rockville,Maryland, representing tho petitioner, explained two df8rl~YR, Scheme A, indicating the construction of the L-shaped, 6 foot ~OQ(. 0&9 rt.~Em Page 27 . July 13, 1982 &O:JK 069 rÀ~ES78 high wall with the two additional croBswalls which would form an orderly fashion for the storage of lava rock and landscaping ~at6rlals and Scheme a, which can be constructed w1thtn the zoning ordinance indicating th~ construction of the slime wall in an orientation which does not extend beyond the building restriction lines. Referring to the Executive Summary dated 6/30/82, he stated that the petitioner takes no except~on to the Planning Director's recommendation for denial responding to Items ~a~ through "e". He read Item "f" And Faid that the pet1tioncr 15 seeking the interpretation of the requirement that, althoU~h a 6 foot high wall is ðllowed, since there would be two ad:1itional crosswi\lls tho proposal would not be ðl1owed. He sai-:1 Scheme ^ would provide ûo orderly storage of the ðforementioned ~aterillJs, scp~rðte them from one another and hide them from view. Co.-I..loner Wenzel soved, seconded by co..is.loner Brown and carried unaniaously, that the public hearing be clo.ed. Co.-i..ioner pistor .oyed, .econded by Co.-lssloner Wenzel and carried 4/1, with Co..i.sioner Brown oppo.ed, that petition V-82-14C, John A. Macrl8, requesting & .id. and front yard yarlance, be denied. *.....* ~t this time Deputy Clerk Skinner was replaced by Deputy Cl~rk Kenyon **....* TAPE '2 , 3 Itea 23 PETITION PU-B2-17C, NORTH NAPLES FIRE CONTROL DISTRICT, REQUESTl.O A PROVISIONAL USE - DtrERRED Chairman Wimer stated that after conferring with the Attorneys regarding the North Naples Fir~ Control District, it has been agreed to hold the presentations and Arguments until the last itpm on the agenda. He roported that in fairness to the public, those wishing to sp~~k could do so now or when the item comAS up later. . Pðqlt 28 C-:J t=:) - ",) July 13, 19B2 Marshall Garbow of 425 Ridge Court st~ted th3t he wa3 against the provislon~l use adding that he expected the neighborhood to be quiet ~nd reserved as it has been since he moved into the neighborhood. Mike Zowalk, representing the North Naples Civic ^Ðsociation st.ated that the Civic ASÐociation will always mee~ in the fire station, adding that this location is a good site new and should be kept in thA same location. Hp reported that the Civic Association hlls been flooded with numerous calls stating that this ig the best site to protect everyone in the southern district. He noted that, when pine Ridge Road is widened, there will be 20 feet lost in the front. Ae said that even though there is a pond behind the fire stlltion, it could still be moved back and put on concrete pillars and iron girders. He concluded by 5ta~ing th~t there is a division of the people in the northern area because of this problem, adding thll t the fire sti\tion should not be moved or a site should be found t ha t wi 11 please the people. There being no further .peakera at: this tilDe, Petition PU-82-17C, North Naple. Pire control District requesting a provisional usc was deferred until the last agenda ite.. TAPE '3 Itca 24 ORDINANCE 82-56 RE PETITION CP-82-7C, WILSON, MILLER, BAR~ON, SOLL , PE!~, INC. REPRESENTING PLORIDA POWER' LIGHT CO., REQUESTING A LAND USE AMENDMENT FROM RESIDENTIAL LOW DENSITY ~O CO~MERCI~L POR APPROXI- MATELY 12 ^CRES LOCATED ON THE NORTHWEST CORNER 01 SR 951 AHD 15TH AVENUE sw, GOLDEN GATE ESTATES - ADOPTED Legal notice having been published in the Naples Daily News on June II, 19B2, and the Golden GlIte Eagle on June 24, 1982, as evidenced by Affidavits of publication filed with the Clerk, public hearing was opened to consider Petition CP-B2-7C, Wilson, Miller, Barton, SolI' pock, Inc. ropresenting Florida Power & Light Co., requesting ð land use ðm~nñmpnt !rOffi Rcsidcntial Low Density to Commercial for approxi- mately 12 acrcn located on tha Northwest cornor of SR 9S1 and 15th r MO~ 069 PACE 319 Page 29 .July ,~, son, ~O')K 0&9 rt.:E 38ð ~venue SW, on Tracts 121, 122 and the ellst 186' of tract 102, Unit 26, Golden Gate Estates. There being no di.cu..lon, Co.mi..loner Wenzel .o.ed, ..conded by Co..i..ion.r ~ru5o and carried unanimously, that the public hearing be clo.ed. Co.-i..ioner Wenzel .oyed, ..conded by Co~i..ioner Kru.. and carried unani.ou»ly, that the Ordinance as nuabeeed and entitled below be adopted and entered into Oedi.nee Book 151 ORDIU~HC! 82-56 AN ORDINANCE l\MENDING ORDINl\tJCE: 79-32, TilE COMPREHENSIVE PLAN FOR COLLIER COUNTY, FLORIDA, BY AMENDING TilE WORK STUDY MŒA MÄP t3 FROM RESI!:JENTIl\L LOW DENSITY (0-2 UNITS PER GROSS ACRE) TO COMME:RCIl\L ON TilE fOLLOWING DESCRIBED PROPERTY: APPROXIMATfLY 12 ACRES LOCATED IN SECTION 15, TOWNSHIP 49 SOUTH, RANGE 26 F.AST, COLtIER COUNTY, F¡.op~r"', HORE Pl\RTICULl\RLY DESCRIBED IIEREIN; AND PROVIDING AN EFF~CTIVE: DATE. T~P! 13, .., 50 5 It.. 125 PETITION CP-82-8C, WILSON, MILLER, BARTON, SOLL , PEE~, INC. REPRE- SENTING ~RE8LING INDUSTRIES, REQUZSTINC A LAND USE AMENDMENT FROM RESIDEHTIAL LOW-MEDIUM DtNSITY TO INDUSTRI~L FOR PARCEL -~-, ~PPROXIMATELY IS ACRES, AND RESInENTX~L MEDIUM DENSITY TO INDUSTRI~L FOR P~RCEL -8-, APPRCXIMATtLY 5 ACRES, LOCl\TED 1-1/4 MILE HORTH or IMMO~LEE ROAD AND EAST or SEABOARD CO~5T LIN! RAILROAD ROW. PETITIONER REQUESTED PARCEL "8- BE WITRDRAWN ~ND P~RC!L .~- BE WITHDRAWN ^T THIS TIME, BUT TO BE REFILED WIT" TA! REZONE Legal notice having been published in the Naples Daily News on June II, 1982, as evidenced by ~ffidavit of publication filed with the Clerk, publIc heðring was opened to consider petition CP-82-8C, Wilson, Miller, Barton, 5011 , Poek, Inc. representing Krehling Industries, requesting a land use amendment from Residential Low-Medium Density to Industrial for Parcel -A" approximately l~ acres, and Residential Medium Density to Industrial for Parcel -B-, approximately 5 acres, located 1-1/4 mile north of Immokalce Road and East of Seaboard Co~.t Page 30 (t ._...-......._ ..___.~ ......_..._,_.___w...... ...., '. r-------, t...... . J t:::J July 13, 1982 Line R~il[oad right-of-way in section 15, Township 48 South, Range 2S !a . t . Planner Cacchione stated that the petitioner has requested that parcel "8" be withdrllwn from the Petition and not be consider~ò this date. She noted that Staff is recommending approval based on the existing support fac~lities that adequately service the needs of th~ industrial development and can accommodate the additional expansion, as well ~s the proposed industrilll dcsignation of tha petitioned property being c~~patiblQ and complementary to the existing surrounding land uses. She stllted that she received one letter in favor from Mrs. Lee F. pallardy, III and letters from the following in opposition: Mr. Thomas Brown John' Lucille Turanchik Albert & E1i7"beth Rosemeicr Mr. Lloyd Sheehan Mr. W"infcld Imperial Golf Estates Homeowners Mr. Norman seagert Imperial Golf Club Mr. Lðndermere Mr. Tr ex Ie r Mr. O'Hara Association Fiscal Officer Giles indicated that there were also letters from Gilvesy Investment Corporation, Edward & Bernadine Mohrer, and Leven North, Sr. in opposition. planner Cacchione stated that the Coastlll Area Planning Commission recommended denial by a vote o( ~ to 1 on M~y 6, 1982. Mr. Barton of Wilson, M111~r, Barton, Soll and Peek, Inc. stated that he is representing the petitioner and Donald pickworth is the legal counsel to Mr. Krehling. 11e reported that the property is contiguous to an existing concrete plant. He stated that the property in question ~as zoned to C-4 in 1973 which permitted ~ concrete plant to b~ constructed, adding that in 1974 the newly adopted zoning ordinance cOllvertcd the C-4 "Zone to "I" Industrial. He stated that 1n 1979 the Board adoptcd the comprp.hcnsivc plan which d~3ignated this page 31 ~oo~ 069 fAGE S81 ',. ~OOK IJ69 rImS. July 13, 1982 property as residential in land uuc and, in January of 1982, the Bo~rd rezoned the property from Induatrilll to ^-2 ^grlculture to be ~omplementar~ with the then designated land use plan of residential. He re(erred to an aerial mllp Indicllting the location of the property lInd the lack of development in certain areas surrounding the property. He noted that since this property has been zoned for Ind~~trial It was Mr. Krehling's intent to utilizo it in that f.ashion but, due to the rp.cession of 1974 and 1975 and the economic problems of todllY, it has been delayed, adding however, that he haS continued to prepare the propcrty for industrial use. He stated that the property has been cleared and filled cxcept for the southeast corner, adding that tho fill material is very stable, a clean Blind, aggregate and concrete '!ll1terla~ -.:hieh will provi1e an ~xcollent foundation for commercial or industrj,¡l uses. He reiterated that the curn!nt land use under the Comprehensive Land plan Is resldentilll. He stated that his professional opinion i5 that this is a totally inappropriate use for this property, noting that chis property is adjacent to an existing rði1road lInd an exsit1ng concrete plant. lie reported that the railroad is used quite heavily indicating that in 1981, 49 rail cars were unloaded and thus fllr in 1982, 53 rllil cars have been unloaded and still expect an additional 70 rail cars for the remainder of the year. He referrcd to the aerial photogrð~h i~dicating that there is only one entrance to the property ~hlch is from the west, adding that to gain accoss to the propcrty the residents roust travcl through ðn industrial zoned area and industrial use areð. He stateð that to place a resl- dentiðl property immediately ðdjacent to an existing concrete plant with little possIbility of buffer i3 not the use for this property. He PAge 32 -.. ",...----" , I ......-...... ~.: . . July 13, 1962 stated that the property is currently zooed ^-2, Agriculture which is not the proper use. He referred to an overhead m~p indicati~g that the intent of the change in the :omprehensive Land plan is to change the designation to industrial for the entire site, adding that the intended use iø only for the western one-half to be used as an industrial type of use in order thllt Mr. Krehling cùn expand into the area with ground level beds for the purpose of constructing reinforced concrete components for housing and buildings, namely reinforced concrete piling and pre-stressed concrete deck slllbs. He sLated that there would not be elevllted equipment th~t is currently existing on the site, adding that there would not be any buildings higher than one story in the area. He stated that the eastern half of thc project would h~ utilized to create warehouses and office SpðCC for the use of Krehling Industries and other associated industries of which Mr. Krehling has control. He reported that the other areas would be used as demanded. He stated thac an attempt has been mðde to buffer the only location where the golf course comes immediately adjllcent to the property line, by building a buffer on the property and a parking area that is nicely landscaped and one story retllil buildings facing onto the golf co~rse. He ~oted that the balance of the property is well shielded by the exls1ng cypress head which will b~ left in place on the site. He stated that the proximity of the nearest possible potential dwelling units to the site ~ould be 840'. He noted that one of the concerns thllt has been exprcssed from f9sidents is noise, adding that the existing concr8te plant has been checked on numerous occasions for noise. He reiterated that the noise Page 33 ~oo~ 069 PACE 383 ,. ¡"oJ' July 13, 1982 1 t>Q:JY, f\t.q P^CES84- OVC! ~always complied with Collier County's noise ordinance on every check that was made. He noteó that anothcr concern was air pollution, stating that the project has a Department of Environmental Regulation Air Pollution parroit and DER checks the project frequently and the standards have never been violated. He stateð that another concern was storm water, noting that the existiny concrete plant does have an approved on-site storm water retcntion system, which does nct create flooding on other properties. He reported that the largest opposition is due to the unknown aspects. He stlltcd that if the Board decides co change the comprehensive land use de~ignation to Industrial and C-5, Mr. Krehling will revise his petition for the rezoning and will put it in the form of a PUD. He I.port~~ that he would work with Staff and the residents of the area to ensure the safegu~rds that thG residents feel necessary to insure the' fact that the property will be constructed in a fashion that hlls been depicted this date or an improved fashion. He concluded by stating that commercial i~ frequently adjacent to golf courses, as golf courses m~ke good buffer zones. The following people spoke regarding the land use change citing noise, spot zoning, air pollution, children's s~fety, property devaluation, change of life and storrr. ·,.':1tcr system, as reason!! for opposition: Mr. Ed~ard wright Bet.ty Murphy Mr. John sparks Mr. Dan Conley Mr. George Varnadoe Mr. Frederick Voss Mr. Robert Houser Susllnne Blosser Mr. Vincent Eitzen Mr. Tho~as Brovn Fiscal Officer Giles rend Mr. Lloyd Sheehan's letter into the ~inutes as per his request. pag e 34 -----. . \.........._.) r~=:J July 13, 1982 Commissioner Wcnzel ~tatcd thðt he lookc~ at the site noting that a promise had becn made back in 1972 to buffcr the whole project. He roportcd thllt on th~ south boundary the black top goe6 to the fence and the concrete blocks lire piled 30 feet, noting thllt thcrc is no buffcr there at all. He stated that there 1s a stream which goes through the proporty that is filled with junk such as olò tircs. He noted that if ð PUD will give the ßonrd thc author.ity of insisting that thin type of work be done, that would be the best compromise to have o(fice buIldings betweën the industrial and tnc residential. Hr. Pickworth, Attorney for Krehling Industries, stllted that the iss~c is simply the request to change the designation or the land use classification of this parcel on the Comprehensive Lðnd Use plan. He stated that this land is presently zoned ^-2, lidding that if the land use clll~slfication is grllnted todllY to Industriùl C-5, which is being requested, there is still ^-2 zoning, further adding that if tho property was sold, it would be sold with A-2 zoning. He stated that this action would give Hr. Krehli~g the right to do nothing more than to come to the County with ð plan for a PUD or ð rezone to propose ~ development of the property consistcnt with the land use classification. He stated that the conccrns that have been e~pressed will all have to be considered as ~art of the rezone arplicatlon. He concluded by statinq thðt if the r.~quest is granted this date, the property can be sold or kept, but Mr. Krchling still has to come back one more time to get a zoning change. Commis~ioner Kruse stated that she i; hcsitllnt 3bout ~rllttlnq indlvidu~lly owned business land in half, also adding that it bothers her to see the exIsting plant lInd realize the ways in and out of the Pagft 35 ~oc~ 069 rACE sa; ~ ,I I ...._"....--,..~.."-..._...- .,.- (';;'1 ßOOK DÞ9 PACE386 July 13, 1982 growth that hð~ occurr.ed around it whi~h makes lifo difficult on tha onos thllt wore originally there. She st^t~d that she does not ^gree that the best use for the land is residential. She concluded by stating that she would have to approve the land use change with the understanding that she would not approve a rezone if it did not hav~ a buffcr. Commissioner pistor suggested that the matter be continued in order for the applicGnt to come back ~ith the necessary type of request that could be approved without any difficulty. Terry Virta, Community Development Administrator, stated that there has been an industrial rezone with ð specific site plan filed. Mr. Barton 8t~ted that there is II rezone petition before the Countv staff, ~dding that he has suggested that the rezone be reapplied and a PUD pl3ced in the position of the zoning petition that is going through, ðdding that he realizes that there will be i!!I time delllY and the various advisory hoards will have to review it again. He stated that if this provides a great assurance to the obj~ctors, there is no concern about doing it, adding thllt he wants to create a pllln that the Board will be pleased with and to the extent pos~ible that the fears can be alleviated of the people that live in the vicinity. He stated that he will resubmit the rezone application in the form of II PUD in spite of the fact that this particulllr site plan would be binding. Chairman Wimer stated that the concern is that the Board would like to see both items brought forward concurrently at the same tiMe, which eliminlltes problems and misunderstandings. Coamlssloner Wenzel aoved, .econded by Co..i..loner pl.tor and carried unanimously, that the pUblic he.rlng bo clo.ed. Page 36 ._......___...;<..-;.....""'_>0,-. ,. --.~..--~..._-_..._.- ø c:::J r:.:::J -- II 11 " ,. July 13, 1982 Mr. Bilrton atatl!td that if it plen.. the Board and th.y would 11. k. to ... the PUD and the Comprehen.ive Land Plan chr.n9. run concurcently, b. would withdraw the pot1t1on and refil., to which Chair.an Wi..r atat.d that this 1. Mr. Barton'. docision .ntirely. Mr. Barton said h. understood that this i~ hi. decision and to consider the ~tltion withdrawn at this ti.., a. it will b. refiled. After ':Ol~r:urring with the County Attorney, Chldrman Wimer stated that the ~dtitjon is withdrllwn. ******Recess 11:25 A.M. - Reconvened 11:30 A.M. Chair.an Wimer annouced that the scheduled workshop for the Budget on Wedn.sday, July 14, 1982, would be at 10zOO A.M. instead of 9100 A.M. TAPE 15 It.. 26 PrTI~ION CP-B2-9C, MR. JOSEPH J. SPAGNOLA Rr.OUESTING A LAND US! AMENDMENT FROI-i RESIDENTIAL rU:DIUM DENSITY TO COMMERCIAL FOR APPROXIMATELY 10 ACRES LOCATED 1500 FEET SOUTH OF MANATEE ROAD AND 2600 rEET EAST or 6R 951 - DENIED Legal notice having beon publisheó in the Naples Daily News on June 11, 1982, as cvid~nced by Affidavit of publication filed wJth the CI.rk, public hearing ~as opened to consider Petition CP-82-9C, Mr. Joseph J. Spagnola, requesting a land uso amendment from Residential mQdium density to Commercial for approximately 10 acrcs lo,:ated 1500 feet south of MlInatee Road and 2600 feet east of SR 951. Planner Cacchione stated that this is ð change of the Comprehen- sive Plan lImendment from residential medium density to commercial for a proposed recreational vehicle park, adding that Staff hll~ recommended denial of the petition based on the fact that the support facilities, in particular the roads and fire protection, are InadequlIte to encour- _ge a co~merical designation on the subject property; the proposod Page 37 MO~ 069 PACE 3tI t' ...-........-..--.. BO~K 069 rAcEaBS July 13, 1902 commercial l~nd UGQ would hove a negative impact on ~vacuation time in the event of a natural disaster; and the proposed USQ of a travel trailer recreational vehicle pork ~ould not be compatible or comple- ~ent~ry to the surrounding residential neighborhoods. She concluded by stating that the CAPC recommends denial and one letter of opposition was received f~om Mr. Gary Wilson of Capri Water Works. Mr. Chris coniglio, General Manager of MlIrco Shores Estates, stated that he ~as in opposition of the petition, citing dust problems and unpaved roads. Co.-lssioner Wenzel ~oved, seconded hy Co~ission.r ~ru.e and cerried unani~ou8Iy, that thø public h..ring be closed. Co=-issioner Wenzel movftd, seconded by Co~~i.sioner ~ruse and carried unani~ou81y, that Petition CP-B2-9C, Mr. Joseph J. Spagnola, requesting a land use a~endment from Residential ~edlum density to Co..er1cal for approximately 10 acres located 1500 feet south of Manatee Road and 2600 feet east of SR 9~1, for a travel trailer recr.ational vehicle park campground, be denied. 1t.~ 27 RESOLUTION 82-~3 R~ PETITION FDPO-82-V-6 BY U.S. COAST GU~RD ~UXILI~RY FLOTILLA '96 REQUESTING ~PPROVAL OF A VARIANCE FROM THE MINIMUM BAS! fLOOD ELEVATION REQUIRED BY THE FLOOD D^MAGE PREVENTION ORDINANCE ON PROPERTY DESCRIBED AS WIGGINS PASS MAtUN^ - ADOPTED Legal notice having been published in the Naples Daily Ne~s on June 27, 1982, dS evidenced by Affidavit of publication filed with the Clerk, public hearing was opened to consider petition FDPO-82-V-6 filed by U.S. Coast Guard Auxiliary Flotill~ .96 requesting approval of a variance from the minimum base flood el~vation required by the Flood Damage Prevention Ordinance on property described ðS wiggins Pass Marina. Page 38 ~...~""-,..",........,.,,. ~ ,. -, l.-.J J c::::J ~) ~ July 13, 1982 Planner McDaniel stated that this petitIon ia for an addition for the C~ast Guard Auxil1ary building at Vanderbilt, adding that they are presently at the Vanderbilt Marina occupying ð building. He stated that .Y~rything possible h~s beon done to minimize any flood damage that May occur to the building, adding that all equipment is portable which will be removed before ~ hurricane comes. Co..i..ioner Wenzel _oved, .econded by Co~~i..lon.r Kruse and carried unanimou.ly, that the public hearing be closed. Co..i..ioner Wenzel _oved, .econded by Co~.i..ioner Kru.e and carried unanimously, that Resolution 82-82 re petition FDPO-82-V-6 by u. s. eoast Guacd Auxiliary Flotilla 196 r~questing approval of a variance froa the mini_u. bas. f~ood elevation required by the Flood na.age Prevention Ordinance on property descr1bed ~a Wiggins pa.. MArina, be adopted. PI 9 e 39 bOOK 069 PACr.B89 "f' -.. - -'''---'''_'-''"''''''''''..,~..,,~....... ."". ., It,,: July 13, 1982 TAPE . 5 , 6 60QK 069 PAGE OM It.. 28 ,¡;~ PETITION TO VACATE CERT^IN STREETS, EASEMENTS AND LOT LINES IN COLCEN GATE CITY (AVATAR PROPERTIES) - CONTINUED FOR TWO WEE~S Legal notice having been published in the Naples Daily News on June 27, 1982, and July 4, 1982, ðnd the Golden Gate Eagle on July 1, 1982, as ~videnced by ^ffidavit of publication filed with the Clerk, public hellring was opened to consider a pctition filed by Avatar propdrties to vacate certain streets, ellsemcnts and lot lines in Golden Gate City. CoamI8.ion.r Wen~el .oved, secondeð by Co..i~81oner ~ru.. and carried unanimoualy, that the public hearing be closed. Cosm18s1oner Wenzel .oved, .econded by Co..ls.1on~r ~ruse, that the pet1tion to v.~at~ certain street., ea.e~ent. .n~ lot 1In~~ 1~ Golden Gate City, (Avatar properties), be approved. Before calling for tho questi~n, Chllirman Wimer realized the public had not had an opportunity to speak, whcreupon he opened the floor for discussion. Mr. Mike Barker, President of Golden Gate civic Association, stated that if the Beard was going to take action today, the Golden Gate Civic Association would like a delay. He stated that they may not oppose it, but they are concerned with closing streets and water flow and ~ould, therefore, ) ike a 60 day delay. Chairman Wimer stated that only a vacation W33 being asked for and the applicllnt would have to petitIon for a replat. Mr. Barkor stat~d that he does not want to see the streets vacated until they have had ðn opportunity to look at the area. Dr. Neno Spðgna, private planning consultant representing the Page 40 '_'"*,,,"'""~M~_' ,_.....''''''..,''....,'..,.,-'._.,.,.,._ ~. -..-.......--..---..--...- ....' -.......,. '.) 'I , c:J b-:J 'I I --~ July 13, 1982 petition or, stated that he understands the position of the civic association ðnd asked that his position be understood. He noted that he has been workin~ on this for approxImately one year and all of the ~roblems with the Engineering Department have been worked out as well as the easements with the Utility Companics and the drainage easements. He stated thllt Avatar is anxious to start on the project, adding that a delay at this time ~ould not be advantageous to anyone. Mr. Barker stated that he knows that ~evorðl blocks of property will be put together into one mass project for resale, lidding that before anything is done the Gold~n Gate CivIc Association is entitled to some information and is lIsking for a delay. Com.i.sioner Wftnzel withdrew hi. mot10~ and Commi..ioner Kru.. withdraw her .econd, whereupon Commi..ioner Wenzel ~oved, .econded by Coaal..loher Kruse and carried unanimously, that the Petition to vacate certain streets, e.sement. and lot lln.. In Golden Gate City, (Avatar Proportled), be continued tor two weeks. TAPE 6 Itea 29 RESOLUTION 82-95 RE PETITION TO VACATE THE SIXTY FOOT BISECTING EASEMENT LOCATED ON THE EAST 180 FEET OF TRACT 85 AND THE WEST 105 FEET OF TRACT 88, UUIT 30, GOLDP;N GAT! ESTATES, (LONGMIRE' DAVIS) Legal notice having been published in the Naples Daily News on June 27, 1982, and July 4, 1982, and the Golden GlIte ElIgle on July 1, 1982, as evidenced by Affidavits of Publication filed with the Clerk, public hellring was opencd to consider a petition filed by Ross Longmire and Thomlls Davis to vacate the sixty foot bisecting easements located on the east 180 faet of trðct 85 lInð the west 105 feet of tract 83, unit 30, Golden GlIte Estðtes. pag It 41 ~oo~ 069 PAGE393 ..~ . " ,..,.......-... .-...'^"".''""....."",., -.---..-..--.....-.... - ..--- ~.... _."'~_. July 13, 1982 ~O()K 069 rA~E!94- Mr. Archibald, Acting Public Works Administrat>t, stated that this petition involved 0 vnçation of a bisecting easement in Golden Gate Estates, Unit 30, between tracts 85 and 88. piscal Officer Giles stated that two letters of objection and one letter for approval were received. comai.sioner ~ru.e aoved, .econded by Co.-i..ioner Wenzel and carried unanimously, that the public ho~rin9 be clo..d. Co~i.aloner ~ruse aoved, .econded by CO~Qi.sioner Wenzel and carrl.d unanimou.ly, that Re.olution 82-95 re petition to vac.te the sixty foot biaocting easement located on th~ ..at 180 feet of Tract 85 and the veat 105 feet of Tract 88, Unit 30, Golden Gate !atates, be adC)pt.d. Page 42 July 13, 1982 MOX 069 PACE. It.. 30 P!SOLUTION 82-84 R! PETITION PDPO-82-V-4 BY ~ENNlTR P. DVlRPEC~ Rr.QU~~TING ~PPROV~L or ~ VARI~NCl FROM THl MINIMUM B~SE FLOOD ELEVATION REQUIRED BY THE FLoon D^M~GE PREVENTION ORDIN^NCE ON PROPER~Y DESCRIBED AS 3148 COLLEt COURT, (LOT 10, RALO£MAN CANAL HOM!SITES, ~N UNRECORDED SUBDIVISION) - ~DOPT!D. Legal notice having been published in the Naples Daily N~ws on June 27, 1982, as evidenced by ^ffidavit of publication filed with the Clerk, public hellrinq was opened to considp.r petition ~DPO-82-V-4 filed by r::enneth P. Overpeck, requesting approval of a vðriar.ce from the minimum bllfie flood elevation required by the Flood uamage Prevention Ordinance on proporty described ßS 3148 Collec Court, (Lot 10, Haldeman Canlll Homesite, an unrecorded subdivision). planner McD~niel stated that this house is on Collec Court on Haldeman Creek, adding that the Flood Damage Prevention Ordinance would require the owner to elevate to 10 feet. He said that the petitioner is asking to build at 7 fect which is the approximate height of the two houses that are conti~uous to both sides which conforms to half acre lots. He reported thal staff is recommending approval. Coasts.loner Wenzel .oved, seconded by Com~1.81oner ~ru., and carried unanimously, that the public hearing b. closed. Co..i..ioner plator moved, .econded by Comm!ssioner Kruse and carried 4/1, Commissioner Wenzel opposed, that Resolution 82-84 re petition FDPO-82-V-4 by ~enneth P. Ov8rpeck requesting approval of · variance from the minimum base flood elevation required by the Flood o.mage Prevention Ordinance on property described as 31'8 Collee Court, (Lot 10, Raldeman Canal Ro.esit~s, an unrecorded subdivision), be adopted. pag 0 43 -...-.....-...-,... r--¡ ...._-..1 t:::! 1/."..... _. ,'.. - --., July 13, 1982 It.. 31 ST~rr DIRECTED TO INVESTIGATE VAC~TIHG ~LL THE BISECTING EAS~M!NTS IN GOLDEN G~TE £ST~TES ~T ONE TIME Chairman Wimp.r stated that he is asking staff to vacate the bisecting ellsements In Golden Gate Estates as he has had numerous requests from r~s!dents there regarding same. He stated he would look for sa~e to be brought back to the Board. ·...···Recess 11:55 A.M. - Reconvened 1:30 P.M. at which time Deputy Clerk Elinor Skiner was present······ Ihll 32 ST~FF ~ND ATTORNEYS DIRECTED TO PREP~RE DOCUMENTS RE SETTLEMENT or N~PLES CAY LAWSUIT, DOCUMENTS TO BE BROUGHT BACK FOR BCC APPROVAL Community Development Director Virta said thllt, since he submitted his Executive Summary in the agenda packftge, there have been conversa- tions with representatives of N~p]es ray, adding that it might be approprillte for those persons to make their comments, III this time. Attorney Steve Helgamoe, of Henderson, Franklin, Starnes and Holt, representing the plaintiff, Bocking Enterprises, said that he has met ~ith vArious staff mambers of Collier County lInd discussed elements of a settlement. He explained that he has been authorized by his client to submit the following seven point settlement proposlIl, adding his clients feel sðid proposal is the best they can do under the cir- cumstances, and that the outline would settle all claims of the plaintiffs against Collier County: I. Establish density - 396 units; 2. Variance on northwestarly sctb3Ck lin~ - 30 fer.c; 3. Variance on intercoastal setback for road construction 1.e. pag e 4.. MO~ 069 r^cE~99 " July 13, 1982 t)~K 069 r~Ö~JF RO^O TO NonTItWEST CORNER - The exi:3tlng crushed rock roadbed running trom south to north shall be p.3ved to provide the necessary improved access to the building site in the northwest corner of the subject property. ^ variance will be granted from the coastal setbûck wherever thi~ route encroaches on th~t setback. The land owncr will provide a survey to the County which will become ð part of the record in the pending case. 4. Establißh height - 16 stories over 2 stories parking; 5. Provide l~nd for 25 parking spaces in southwest corner and access to land for parking apaces; 6. Pay $150,000 for beach access development limited to an area from property pcrimeters northerlYl 7. Down payment of 20\, balance due in one year or upon issue of first building permit, whichever first occurs, to be secured by a note from Bocking Enterprises, Inc., .:Jnd Naples Cay Development Corporation; 8. Final draft to be worked out with staff and attorneys. Mr. Helgamoe explaincd that he had furnished the County Attorney and Mr. Ed RYlln, Special Counsel for the County, with a copy of the above settlement proposal prior to this meeting. Referring to Item 2, Mr. Helgamoe said that the 30 fcot setback vðrillnce is for a parcel of land in the north~est corner of the property along the beach where, in the past, plans have been submitted showing a building located on said parcel and thllt the request is for thllt building to hllve a setback of 30 feet from the north boundary li~e. Mr. Helgamoe explained that Item 3 refers to a vllriance on the Coastal Construction Setback Line for the construction of an improved road over the exiating crushed rock roadbed that runs from tne south to north to the aforementioned parcel in the northweGt corner. He said th~t the State of Florida has indicated approval of a variance from their CCSL which would allow the access to the north to be along the same path as thc existing crushed rocK road. He distributed copies of png 0 "5 ~'"'~'"'--"-"'~~--,.,.,;." - ,........~ ~........ , July 13, 1902 a letter dðted June 26, 1981 fro~ the State of Florida and explained that the path of the rOlld ~is ~lients are proposing Is the pð~~ suggested by the State of Florida in the aforementioned letter regarding the need to 00tain a vðriance. He stat~d that the only thing his clients are addressing in the proposed settlcment is the County's requIrement, adding that the road that presently exists is estllblished and can be located by cnginoers and surveyors. Referring to .Items 6 and 7, Mr. Helgnmoe said that $150,000 would be paid by the developer for bench access development limited to an arell from the property northward and that the County would hllve the ~oney "earmarked" for exp~nd~~ure for beach access improvements in that particular area, adding that 20% of that amount would be paid upon the final execution of the settlement document. He said that, if the developer does not get c'I building permit withil. one YOllr, the balance of the money, $120,000 would be due within that year, adding if the developer lIpplied for a permit ~o dðys after finlllization of the settlement, beforc a permit could be issued the balance of the fun~s would be due and pðyable. He sðid that Boc1dn9 Enterprises ",nd Naples Cay Development, joint venture partners, would provide lIssurances and whlltever collateral or security the County staff deems appropriate to secure the payment of the balance of the money. He concluded by saying that his clients believe if the aforementioned settlement is ðpproved in concept and in principle by the BCC, his clients can proceed with the County staff to draft the neces~ary legal documentation and that the details can be ~orked out. Referring to Item 3, Commissioner Wenzel said he thought Mr. Helgð~oe'8 client had mentioned to him that, if the roadway could not Page 46 60DK 069 f^Cf«J1 ~, ._~",,,,-,,--,,.,.,,..,.,,"""""',,,"g. --'-'1'''-'''''' July 13, 1932 BOO~ C69 P^Gf~ be built alollg the dunc line, he would be willing to put a briðge across the bllY, to which Mr. Helqamoe stated that tho trestle idea hlls been discl1ssed; howeve:, it has boen discardp.d ðnd thl!t the afore- mentioned proposal is what the developer is -going with". He said that the environmental elements have been weighed ðnd that, since there has been an existing roadway in the area since approximately 1960, it is his understanding that the road is at least 75 feet away, at the very closest, from the vegctlltion line lInd does not cncrollch upon the prior beach setbllck line before the moditicatlons or extension of the line were adopted. Continuing, he said that, in the opinion of ~i6 client's technical lIdvisor, this was the -better way to go". Responding to Commissioner pistor, Mr. lIelgamoe said thllt the proposed road would be ð private driveway to the proposed building in the north~cst corner of the property and would not be open to the public. Commissioner pistor referred to a similar rOlld at Captiva th~t crosses over the cOllstal construction setback line. Mr. Helgamoe explllined thllt situðtion is entircly different and he described that road as not only being beyond the vegetation line but also up to the mean high water line. Responding to C>nrnissione( pistor, Mr. Helgamoe salrl he helievcd that someone from the State had looked at the a~orementioned road. In response to Chairman Wimer, Mr. HelgalTloe said that the $150,000.00 would be spent on whatever the County desires for beach lIccess in North Naples. Chairman Wimer sðid that, regùrding Item 5, his previous under- standing was that ~r. Helgamoe's clients would construct twenty-five parking places, not just provide land. He said that there was an Item 9 as ð prerequisite that, if this is the Bettlement, there will be no Page 47 -- ,.----, ~".~': >--.1 July 13, 1982 other la~sults filed or any othcr actions involving this subject, to which Mr. H~lgamoe agreed, stating th~t in all other particulars the developer is subject to and must slItisfy current County regulations, which very likely would not be thA result if his client were to prevail with litigation. Attorney Donald A. Pick~orth said that he hðd been asked by the County to continue to be active in the Naples Cay lawsuit and he introduced Mr. Ed Ryan, of ~oss, HardieB, O'Keefe, Babcock, and Parsons from Chicago, II law fIrm the County obtained to represent the County's interest in this mðtter. He said from a 1cga1 standpoint that he and Hr. Ryan had no recommendation since he did not think that the lawyers ... In. 1'>(\10111,,0 1('1 ..,h.t<. lit.. ('(\I!\I"I".I"",.ra /IIa In whether thÞy think this is a good or bðd settlement: however, the Planning staff might have such a position. He said that they did want the Commissioners to understand that what is being proposed will form II bllsis of a settle- ment, in other words that the particular number of d~e1ling units previously mentioned, should the Bce decide today to agree, ðre how many that will be a'Jthorized and in each of the other points there are details to be ~orked out in the finð1 document, adding that the essential points listed, he be1icve~, are being put forth 35 the basts of a s~ttlement and are irreducible minimums. Responding to Chairman Wimer, Mr. Ryan said that if the ßCC agrees to the aforementioned 9 Ilems of the proposed settlemcnt, it would be his and Mr. Pickworth's responsibility to work out a settlement in form which would be filable In court and also effectuate the settlement provisions. Referring to lInother document, Commlfisioner pistor raised a quostion regarding the possibility that the developers of NlIples Cay pag e 48 Ma~ 069 rAGE..j03 -..._-......"'...~""- ." &QOK 069 P^C~ July 13, 1982 ~i0ht not agree with thn County's zoning laws, to which Mr. Ryan rvsponded that clarification should be m~de regarding exactly what ðocumer.t was now befor~ the Commissioners, since the plaintiffs in this la~suit have submitted another package to the BCC. He said he under- stood that the other document, to which Commissioner pistor referred, is not presently bofore the BCC, and he reminded the Commissioners that Mr. Helgamoo has indicated that his clients would abide by County regulations on lI1I other matters, adding that what specific regulations would have to be "~orked out". Responding to Chairman Wimer, Mr. Ryan said that the other documants arc moot, and Chairman Wimer added that the only documents thðt the Commisaioners lire looking at, for the record, arc the two sheets Mr. Helgamoe gave the Commissioners, one that h;AS eight points, the ninth, which he add ed, and the tenth item, that all other County reg u 1 a t ion s ~ould apply, and another sheet containing a description of the rOlld ~o the northwest corner. Mr. Helgamoe Dgreed, adding that the documert to which Commissioner pistor referred is somewhat confusing because it is "written by a planner in planning jargon" and hl$ client is ~ithdrawing th~t document. Commissioner Kruse askPG for clarification that Item 9, for tho record, includes any challenge to the County's existing beach access ordinance, to ~hlch Mr. Hclgamoe concurred. Mr. Ryan said he felt it was importantJ for the record, thllt Mr. Helgùmoe :"5 going to releaso everybody in sight from everyt:ling, to whic~ Mr. Hclgamoc explained that his concept of the settlement i~ that said settlement ~ould be broken down into two distinct parts, settlement of the zoning cl~im and settlement of the beach lIccess clllim ~hlch is taken care of by the providing of the land or pðrking spaces and the payment of the money. Page 49 --- ~~.1 ---, ~- July 13, 1982 TAPI 17 Chairman Wimer nRKcd for clarification of Item 5, stðting that he was under tho impreGsion that the parking SpðCC3 would be constructed, adding thllt Mr. Helgam~e could confer with his client ~f necessary. Following a short conference with his client, Mr. Helgamoe stated that his client would pave the immediðt~ parking area where the 25 spaces wvuld be located. County Manager Norman read a letter from Mr. Robert C. Hawks, a resIdent of Seagate, to the ace stating he was concerned with the impact consumption that the Naples Cùy proposed development would have on his area, adding that a compromise is required for settlement of this matter and that the County plùnning staff recommendations un1er "RMF-12", low medium density structures, would he acceptable. Mr. Normlln said that Mr. HlIwks letter indicated that he and presumably other Sengatc residents ~ould not favor allowances in major variations from the Coastal Arca Setback Line, any oncroachment~ on wetlðnds or any other setbllck regulations, and that he felt clarification of usable acreage is needed, since he understood 33 ùcres wore originally involved and 8 acres are being declared wetlðnd~ ~nd approximately 3 ~cres, bordering Seagate Drive, have been sold for development which would leave 22 acres for development instead of the 27.5 listed in the propoaal. The foll0wing persons spoke In opposition of the proposed settlerr.:1:'lt: Mary Lou lIouston, 5203 Starfish '\Venue, Naples I.oui5e Polan, 5065 Starfish Avenue, Naples Bernie Yokcl, representing the Collicr County Conservllncy. Chairman Wimer explained to Mr. Yokel that the ßCC is not trying Page 50 ~08K D6& PACE4œ' II Î ,! "'.,_..,......._".~ ~oo~ 069 PACE406 July 13, 19R2 to approve a project but rather to settle some points of a lawsuit which, by the projections he was hnnded, would cost in excess of $100,000 for the tÐxpayers to continue the litigation. Mr. Yokel said he thought the opportunity exists in a settlemont to look to other alternations, adding that the trestle has bp.en rcjected prematurely without much conversation with the County Planning Department, and he said ther" ðre soma ~rQa5 that need further attention and to settle it today lIppellrs premature. Chairman Wimer !'laid that the çon,mlssioners are today requested to see if there is a consensus of the Board In concept to these points, and that it is then up to t~le planning staff and attorneys to work out a final document. COlnmissioner Kruse said that, to date, the County ~as expcnded $~O,697.00 in legal fees with at least anotl.er expected 520,000.00 for wItnesses plus lIdditional coats and that the figure tOp5 $120,000.00 of tax Jollars, adding thllt if there is a way of settlement that everybody can live with, she has to "look at it". Mr. Helgamoe clarified thllt, regarding the number of units, the currcnt County zoning ~uthorizes the parcel in question 330 units. Chairman Wimer verified this by Community Development Director Virts. Mr. Helgamoe said that, rcgòrdln~ the subject of density, the zoning which his clientG say they have a vested right under, would allow upward to 800 units. Referring to a statement made earlier regarding a building ~hanging out over the CCSL, he said that the building will be built in conformance with the CCSL. Responding to Commissioner Wenzel's question regarding density, Mr. Helga~ve stated that he did not feel the question of ó~nsity is flexible ber.ause his client started with a higher density request, adding that he does not believe that the Page 51 - -""""",,.","=","-;', ...'.....,.-,_.._g-,,'~ - ~..~'4"',. ,e, , ~..*"':"f___~ July 13, 19R2 69 units, or the difference between what the pre5ent zoning allows and wh~t his client is requesting, is thllt much of an impact. He reiter- ated that this propoüal is "the bottom 11~e". Responding to Commissioner Kruse's question of whether Mr. Pickworth he has been involved n the ncgotiation$ ðnd that thIs pro- posal 1s the result of conversations between the County's attorneys and the plaintiff's attorneY5, Mr. Pickworth stated that a letter was received dated June 11, 1902, from Mr. Helgamoe setting forth 5 points for ð settlement lInd that ù meeting w~s held in ~hich Mr. Helgamore, Mr. Bocking, Mr. Ryan, Chairman Wimer and he talked for approximately four hours. He recounted various items covered in th~t meeting, adding that h~ ~ants ev~ryone to understand that the items on the aformen- tloned papers distributpd hy Mr. He1gumoe will be in the settlement and that there will be no more negotiations over those items. He said that other items will hllve to be considcred such as the development r~gu- lations and thllt he believe5 that the planning staff is suggesting thllt the "RMF-16- zoning regulations, except where they would be modified sp<!cifically, would be the b.J5is of those regulations. He said that the County is not agreeing in concept but rather the County is agreeing tp the aforementioned points and to a settlement and that the ðttorneys and stllff can then be directed to work with the plaintiffs to work out the finlll details and to bring back to the BCC for finlll ratification the actual paperwork. Responding to Chairman Wimer, Mr. Pickworth explained that the Board is binding itself today to the specific points on the aforementioned paper ~nd nothing else, ðdding that if the BCC is not satisfied ~ith the protections built into the release provisions in the agroement that comes back, the BCC is not under an obligation to Pagc 52 ðO~~ 069 f'Acr4t11 -'·_"'<'_'''·"''''__~·"_'''''_'A'_....·,,," July 13, 1982 &oax o£S fACfAldl approve that~ that the BCC wtll h~ve tho opportunity to review tho other elcmcntß of the 3ettlcmcnt. TA.PZ 18 Responding to Cor.missioner Pistor, Mr. lIelgamoe said that the BCC has to agree on tho subject of the road today, adding that it is an essentiùl element of the proposal. Chllirman Wimer again read the items of the propostll, ðnd ,.Ir. l1elgllmoe added to Item 7 the following verbllgo: -with assurances or guarantees satisfactory to the County to be provided- . Ch~irman Wimcr said that he und~rstood that the down payment of ~O\ is due no~ lInd the balance Is to be paid when the building permits are taken out, to which Mr. IIelgamop. agreed. Mr. Virta asked, from the stllndpoint of working out the final details in order for staff to have a scnse of direction, if thsce could be a reference to the -RMF-16- District regulations lInd Mr. H6lgllmoe explained that he did not know what those regulations are. Mr. Ryan slIid he thought it ~0u1d be much easier if there was ð point of reference, to which Mr. Helqamoe said that his client is not any better advised as to ~hat the -RMF-16- District regulations might stlltc, adding thllt Item 10 would cover that, therefore, Mr. Virtll's request would not be acceptable. lie said if his client was allowed to read the atorementioned regulations that would be one of the details that could be worked out. Mr. Pickworth suggested it ~ould be bettor to leave that matter unresolved today ðnd that in t~c:' course of negotiation the County would strenuously push for a settlemcnt agreement which refer- encßs existing development standards in the Collier County Zoning Code, the suggested "RMF-16", and th~t if the parties are unable to agree on Page 53 _.."--'~' ...~.."."._,.."±,...".."_.,;~.>,,. '" -. ,..- ~...."..- ,............-,-..,j ,. . . July 13, 1982 that item, then the document which will com6 bllck to the BCC would return without a staff recommendation of approvðl on thllt point. Mr. Yokel said that the ecological questions today hðve been decided by lawyers and thllt the planning staff has p~ints of view on this project and an expert on b~ach m~nagement is present with a point of view and he stated that the BCC is relldy to make a decisIon wIthout H.:''\t input be i ng made into the settlement. He said that Cornmissioner Wenzel feels that the variance has been issut:d for that road, however, he 5l1id, that permit has not been given by the State, and they hðve to obtain thðt variance which has been rejected once. He said th~t he felt there WlIS "elbo~ room" for negotiat.ing ð much more favorabl~ Rettlement from the standpoint of the environment, and he suggested that thp. Commissioners ask County Environmentalist Dr. Benedict or someone from the Planning Department what the issues are, ad,ling that he felt that the competc:õt st<'Jff is being by-passed. Responding to Commissioner Wenzel, Mr. Yokel said it seems to him thðt the trestle clIn be negotiated into the settlement. Mr. Ryan slIid that there hllve been no recommendations from 3ny of the lIttorneys for the County on any of the substantive provisions of the points before the ßCC. C~m.l.ftion.r pi.tor moved that the Bee poøtpona the lawsuit ..ttlem.nt for two w.eka. MQtion died for lack of a aecond. Co.-isslon.r Brown moved, seconded by CommissIoner ~ru.e, that the Board direct the attorn.y. and ataff to prepare a .ettl.ment .gr....nt for the Napl.s Cay lawau1t, that the s.ttl.ment contain the afore..ntlon.d 10 poInts or, Mr. ReIgamoe'.. o:h.et of p&per and that the fin.l docu..nta of a~ttlem.nt be brought back befure the Board for final "pproval. Page 54 ðOOK ~ rAC[~ " .,.. il :1 · ~ II July 13, 1982 MOK 069 rAcwtjD Attor;eç' Saunders sai~ tho the BCC might want to consider that the lawsuit will be settled ~ith the information that has been provided to the Board but that the Commission will finally settlo the clIse once the final document is presented to the BCC, whIch would prevent the BCC from indicating today that the c~so was settled and then running into ð problem if the details could not be worked out to the elements contained in the settlement proposal. 110 saId that would gIve staff flexibility in dealing with the details. Aa requested by Cha1r=~n ~i=er, Clerk R4~9.n c~lled the roll, .nd the vote V..2 Com.i..ioner Brown Aye Commissioner ~ruae Aye Commi3Bioner Plator Hay Commisftioner Wenzel Aye Ch.irman Wimer Aye Ite. 33 BCC CONTINUED TAE APPEAL R! AMERICAN AMBULANCE VS COLLIER COUNTY Attorncy Donald A. Pickworth referred to his letter to the Board of County Commissioners, dated July 9, 1982, regarding II status :eport on the County's litigation with American Ambulance. He explðincd that Attorney John Lawson, retained by the Co';"ty to represent I ts interest in the civil litigation against American Ambulance, not thc crimInal lltiglltion, was present todùy, adding th~t hø and Mr. Lð~son would answer a~y of the BOllrd's questions concerning the la~suit, the appeal, the cost, or anything else regarding the subject. Commissioner pistor said that he was against the start of "sweeping the thing under the rug", which he felt ~ould happen if the matter was ðllowed to go to arbitration, adding that the people of Collier County ðre entitled to know all the facts and truth about the whole matter, whether it is Page 55 -- I --..I -- t..:~'t·)':....·. July 13, 1982 civil or cri~inlll. Co~~ssion.r pi.tor moved, seconded by Co_=l..ioner Wenzel, that the BCC continue the appeal regarding haedcan hIIbulaflce Y8 Collier County. Responding to Commissioner Brown, Mr. pickworth again referred to his aforementioned letter and explained that the situation initially arose because American kmbulance filed ð petition lIsking the Court to order the County to arbitrate its disputes with American Ambulllnce based upon the fact that th~re was a Transition Agree~ent at the ~ime the County took over, which contained a clause that the County would arbitrate. He 5aid that the County lInswcrcd, essentially denying that it had lIn obliglltion to arbitrate, counterclaiming against American Ambulance, and he lIsked Mr. Lawson ta give the BOllrd detllils regarding that subject bp.cause he is handling t~e actual legal wcrk on this case. Mr. Lawson said that the Circuit Court ruled that, in his opinion, the matter should go to arbitrlltion and that it is the attorneys' firm opinion that he is in error in that and that they recommended to the BCC that an appeal be taken which has been done. He explained the attorneys' recommendation on the la~ and as a matter of practical \'. policy that the BCC should file an appeal 'Ind prosecute it. RespondIng '. to Chairman Wimer, Mr. pickworth saId that he authorized Mr. Lawson to file an appeal when he was the County Attorney, since he considered then and today thllt the duties of the County Attorney are to take lIll responsible legal actions necessllry in litigation once litigation starts. Chairman Wi~er said that the Board did not authorize the appeal, to which Mr. L.awson agreed. Referring to Mr. pick~orth's letter, Commissioner WImer noted the advantages of dropping the appeal liS listed in Lhat letter, adding that Page S6 ~oOK Q69 PACE 4U " .,. I: :1 (~ .. ~OOK C69 PACE412. July 13, 1982 if the County sues a bankrupt company and wins, the County would receive no money. He 3aid that the only question to be answp.red Is how mu~h money is the County going to continue to spend of the taxpayers' monoy on a vendetta. Commissioner Pistor said this was a matter of trying to get the true fllcts "on the table" ðnd not rumor lInd that he thinks in lIrbitration nothing comes for the public. Cha1ryan Wimer stated that he w.. goin9 to watch these C?st. very closely 8S time goes by, and he cLl1ed for the question, ~hlch carried 3/2, with Commisðioners Brown and W1.~r opposed. Ite. 34 EXPENDITURE OF $10,000 TO OFFSET TilE COST OF TH! PAR~S AND RECREATION ADVISORY BOARD TO PROMOTE THE COMMUNITY PAR~S REPERENDUM - AUTRORIZlD. RESOLUTION 82-87 CREATING THE COLLIER COUNTY PUBLIC PAR~ AND RECREATrON MUNICIPAL S~RVIC£ TAXING UNIT, AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $8,000,000 GENERAL OBLIGATION BONDS AND CALLING FOR A REFERENDUM SEPTEMBER 7, 1982 - ADOPTED Public Serviccs ^dmlnjstr~tor Norton explained that the Community ParKs Referendum status rcport and request for aszistance was to have been presented by Mr. Chris Blunt, Chairman of the Parks and Recrelltlon Advisory Board, who was unable to remain past 2:00 P.M., adding that Mr. Blunt ~as going to request that the Board authorize his Committee to retain bond counsel so that financing plans can be worKed out in detail and to authorize that Committee to expend up to $10,000 seed money to offset the cost of promoting t~e campaign. He sllid that donlltions ðre expected to be rcceived with good community support and hopefully that the full ùmount of $10,000 will not have to be spent. Mr. Norton said since the County is involved with the firm of Fischer, Johnson, Allen and Burke, bond counsels for the Courthouse expansion project, that same firm could be utilized in this regard, to which Page 57 ",' ~- 1...---"; -- h....·~ 1 .J u 1 y 1 3, 1 9 8 2 Chairman Wimer noted that the ccrrect terminology is financi~l advisor. Commissioner Kruse statcd for thc rccord that she wishcd this request had come up after the BCC begins to hold the budget hearings this ye~r, because that influences her thinking on the matter. Chairman Wimer said, if the BCC so desires, that the Board could notify Fischer, Johnson, Allen, and Burke/Southcllstern, that the Board would like them to work with tho County on the matter under discussion but that no funds ~ould be expcnded until authorized by thc Bo~rd. County Manager Norman said he felt that thore was ð need for a contract with the fIrm to cover their scrvices, and he suggestcd that the Fiscal OffIcer and he be lIuthorized to ncgotillto such II contract. Chairman Wimer lIgrccd th~t suggcstlçn would be the proper motion. During the ensuing discussion, Commissioner pistor referred to the original discussion regarding the bond issue and expressed his opinion thðt, because of the amount of par~s on Marco Island, little, if any money, ~ou1d be Sp0nt on Marco Island, and he wanted Marco Island crossed out of any discussion of the bond issue either in the refcrendum vote or in the financial paymcnt of it. He said that it was his understanding that Marco Island and East Naples will both pay approximately 28\ of the total debt service with North Naples paying over 30\, Golden Gate paying a little undcr 10% and Immokalee paying a little under 4\. He referred to the executive summary which shows .35 of a ~ill per year for 30 years, adding that he does not feel that anyonc who is not going to get much benefit should be included in the mattor. Mr. Norton explained th~t he felt this WlIS a matter of a County-wide community park system and that everyone should have the opportunity to vote on whether or not the County sh~uld havo those Page 58 aDOK 069 rAGE-flS :1 ....~«';,·,._"",o...."'._..,"'<>'. 069 July 13, 1962 aoOK P^GE.A..~ parks. H~ sai~t Marco Island has about 50\ of the existing parks, at the present time, which Commissioner pistor said were given to Marco Island and that the County did not have to spend money on thoae. Referring to the ^dvisory Board meettngs which he attended, Mr. Norton explained that thera were discussions regarding thft fact that ð situatIon could occur whereby the MlIrco Island residents could use the parks in Golden Gate or East Nðples ~!eas which were paid for by the residents of thosd ~reas. CommissIoner pistor expressed his opinion that if Marco Island could not be excl~ded from the bond issue then the vote should be by district, a possibility which Mr. Norton said has becn discussed that might result in one or two community parks which would be used to the b~ncflt of the whole County, which he did not think wag quitE: fair. Parks and Recreation Director Rice 5tat~~ that it was the consensus of the p~rks ^dvlsory Board, at their July 16, 19b2 meeting, at Mr. pistor's request regarding the funding, that the funds that will be allocated, if the bond issue is passed, will have to be approved by the Board of County Commissioners for the 8reðs and the districts which they r~present, adding that he assumed as the system is designed that there ~ould be II community park in each district except for the City of Naples, that has been excluded from the referendum. Mr. Norman requested that the Commissionern u~ar in mind the second hlllf of the matter under dincusslon, the adoption of ð resolution ~hich spells out the detail~ of the proposed bond issu'! and the creation of the MSTU which would be involved. lie suggested that the BCC might want the County Attorney to discuss this item before the Board takes action on tho matter. Page 59 ',." --"~""""""_"___""'""W~ ..--- ,....---. L........ _.~ Jul'y 13,1902 Comaissloner ~ruse moved, sðcondað by Commissioner Brown, that the Board approve st~ff'. recommendation to aut.hor!ze financial aaaiatance In retaining the financial advisor and authorize the exponditure of $10,000 to offsftt the coat of the Parks and Recreation Adviaory noard promoting the referendua and to direct the Fiscal Officer tQ prepare the necessary budget a.endment, and that Resolution 82-87 creating the Collier County Public Park and Recreation Municipal Service Taxing Unit, authorizing the i8.~ance of not exceeding $8,000,000 Ceneral Obligation Bonds, and calling for a referendum September 7, 1982, be adopted. TAP! 9 Chairman Wimer requo8teð, Instead of automatically hiring a flnancl~l consultant for such a amall bond Is8ue, that the County Manager and the Clerk'a department investigate if auch a conaultant vas ne.ded, adding that if the determination Is made that one 18 ne.ded, the .atter could co~e back to the BCC vlth a recommendation for ouch a contract with the aforementioned firm. Co~.issloner ~ruse included the above in her motion. County Attorney Saunders requested clarification a. to whether a resolution, which calls for a referendum election, va. included in Commi.sloner ~ru8e's motion, to which ahe said her motion included such a resolution. Upon call for the question, the motion carri.d 3/2, with Com.lssloners piøtor and W~nzel opposed. following the above vote, Mr. Ed Clark, representing the MlIrco Island Taxp.Jyers Association ðnd ð substllntL"l1 number of Marco Island citizer.s, spoke in opposition to the inclusion of Marco Island In the proposed p.Jrk program, even though he said he felt thllt the progr~m has much to commend it. The County Manðgcr SlI Jd tha t Mr. Ira Evans was Page 60 BOO~ 069 PAGf~S -, I July 13, 1982 &OOK 0&9 rAc£A.~1: also rcgi6tcr~o speðk, however, Mr. Clark stated that Mr. Evans wa. unable to wait. Page 61 ,,""'--""''''" '1.(' July 13, 1982 ooo~ 069 rAcE42.2. It.. 35 RECOMMENDATION FOR ~UTHOPIZ~TION TO AMEND TnE RESOLUTION rOR ~35,OOO,OOO REVENUr. BOND ISSUE - WITflDR^WN Attorney Donald ^. pickworth explained that this item WðS improv- idently put on the agenda and should be withdrawn, adding that there is no wish to amend the bond resolution. It.. 36 PURCHASE CON'rR^CT FOR COURTHOUSE COMPL~X PROPERTY - ~UTRORIZED IN THE MOUNT OP' $1..7 MILLION COUTINGEN'ì' UPON TnE COUNTY ISSUING THE PENDING COURTHOUSE BOND ISSUE BY OCTODER ~82 Attorney Donald A. pickworth explained that a purchase contract hag been 1rawn up regarding the purchase of a parcel of property for $1.7 million that represents a compromise, adding that the County had the property appraised and that the legal title holder, Mr. Dewey R. Gargiulo, had the property appraised, and that essentially the difference in the two apprdisals was split. He said that this matter is contingent upon the issuing of the pending Courthouse Bond Issue by Octobcr 1, 1982. Commissioner ~rU8e mov~ð, seconded by Commimaioner Brown anð carried 4/1, with Commmis810ner Wenzel opposed, that the purchase contract for Courthouse Complex property be authori~ed In th~ &mount of $1.7 million contingent upon the County lsHuing the pending courthouse Bond IS8ue by October I, 1982. PlIge 62 ._.,,,_.,.....,... ""~,w'"..~~....o<""".., .~_... 4......,··.*....__-.. ----. , --. --, t-w-Ji....... ,~ -----.-..., ~ . , J July IJ, 1902 Ite. 37 SUPPLEMENTAL DEVELOPMENT ORDER Wlllcn REFERENCES DEVELOPMENT ORDER 82-1 AND STATES Tfl1\T TilE PROPOSED CHANGES BY THE DEVELOPERS OF EMERALD LAln:s DO NOT CONSTITUTE A SUBSTANTIAL DEVIATION FROM THE ORIGINAL PROPOSAL AND TRJ\NSMITTAL TO J\PPROPRIJ\TE J\GENCIES - AUTHORIZED Comalsslon.r ~ruse ~oved, seconded by Com~isslonGr Wenzel and carrieð unanimously, that th_ Supple~ftntal Development Order which references Development Order 82-1 and states that the proposed changes by the developers of Emerald Lakes do not constitute a substantial deviation from the original proposal and tran8mittal to approprlat. agencie., be authorized. It.. 38 Rr.COMMENDATION BY THE NAPLES (COLLIER COUNTY) MPO FOR PUNDING TO PUR- CHASE A 12 PJ\SSENGER fI"NDICAPPED EQUIPPED V^N FOR THE ST. VINCENT DE PAUL "HELP-ON-WHEELS· PROGRAM - W!THDR^nN FOR CLARIFICATION County ManagEr Norman referrcd to a revised Executive Summary which would charge the cost of $23,000 for the requested 12 passenger handicapped equipped vlIn for the St. Vincent DePaul "lIolp-on-Wheels" Program to the Capital Improvement Fund instend of the General Fund. lie also pointed out the need to enter into a lease agreement, after purchasing the van, with the appropriate agency to govern how the vlIn would be used, adding that staff has no ohjection but is recommending where the money to buy the vlIn could come from. Chllirman Wimer slIid hat the MPO requested the BCC for this purchase and he notod that three of the Commissioners lIr~ members of the MPO. Clerk Reagan noted for the record that three letters have been received endorsing the project from the following organizations: First United Methodist Church J\rnerican Heart "550ciðtion Coll ier County Counc 11 on Ag ing, Inc. COlUlll..iollar Wenzel .oved, seconded by COlllmi..ioner Brown, t.hat Page 63 ~oc~ 069 rAG[4Z5 p .... :1 ;1 July 13, 190'- ~o~~ 069 r'Åc~ the BCC approve the recommendation by the Naples (Collior County) HPO for funding to purcha.e a 12 p.søenqar handicapped equipped van for the St. vincent DePaul -H,lp-on-Whaels" prograæ. Mr. pðul ~\ite requested cl~rification regarding the topic under discussion, stating that -Hclp-on-Wheels" and not "Meals-on-Wheels" will ba using the v~n, adding that "HelP-on-Wheels" is an auxilIary organization cf the St. vincent DePaul Society as is "Meals-on-Wheels". He al80 as~ed that the BCC delete the number 12 regarding the van, adding that presently a 14 passenger van is on order and he recommended that the BCC appoint a committee to meet with his organizlItion to decide what type of van would be the most expeditious to purchase and to discuss provision of insurance, gllsoline, /lnd so forth. Chairman wimer said that the Bee is providing the van fo r $1. 00 per year and thðt those items to whicn Mr. w'n it P. referred 10'0 u 1 d be his organiza- tion'~ ~c~ponsibilitY to provide. pcsponding to Mr. White, Chairman wimer said that his organization could not buy gùsoline from the County, and Mr. Norman explained that the County has a tax exempt status. Following Mr. White stating that he felt the County would want to have a report, Mr. Norman s/lid that would be covcrcd in the lease agreement. Chairman Wimer recommended that the tiubject be withdrawn and that aftftr averythinq is settled the nee could discuss it again, and Co..i_sioner Wenzel vithdreH his motion. lte. 39 RESOLUTION 82-86 AUTHORIZING THE COUNTY TO ENTER INTO A STIPUL^TION 1-ND AGREEMENT WITH DELTONA CORPORATION SETTLING CERT^IN HATTERS CONCERNING THE DEVELOPMENT OF M"'RCO ISt....ND AND ADJACEHT UPLANDS - ADOPTED Attorney Donald A. pickworth referred to the Executive Summary Page 64 -- ~'~,,*,...~ -, "'--..J ,I i July 13, 19R2 dated 7/6/82 rcgnrding D~ltona Corporation's request, adding that if everyone is comfortable with the languago contained In the proposed resolution he felt nothIng further WlIS necded unless Mr. Apthrop or Mr. Livingston wantod to say anythIng. Mr. Lloyd Sarty, Vice Prcsident of the Collicr County Conservancy, said that his orga~ization has been working with other organizations in an effort to help the Deltona Corporation formulðte II plan of develop- ment that would enable the Conservancy to support Deltonll'" efforts. He said that during the past two years the Conservancy has spent untold manhours by some of the paid staff as well as a few of the organl- zations voluntcers and he requested that the BCC support the plan and vote in fllvor of the proposed resolution. He said that Mr. Bernie Yokel, the Conservancy's consultant, is present to respond to technical questions the BCC might have. Coaaisaioner ~anzel moved, seconded by Co..lssioner ~ruø. and carried unanimously, that nesolution 82-R~ authorizing the County to enter into a stipulation and agreement with Deltona Corporation settl- ing certain mattera concerning the development of Marco Island and adjacent uplands, be adopted. Motet Exhibits to Agreement appeAr on file in the ~ffice of the Clerk to the Board. Page 6S ðOOK 069 rAcE.fl¡ July 13, 1982 Itea 40 ~o~~ 068 PACE_ PURCHASE or A 2.59 ^CRE SITE ON DOMESTIC AVENUE FOR USE AS A SOLID WAST! TR~NSFER STATION ^T A COST OF $165,000 - AUTHORIZED Co.mIssioner ~en2el moved, seconded by Cogmlssloner ~rus$, that the purchas. of a 2.59 acre site on Domestic Avenue for use .. . solId ...,¡Hlt. trllnt'1for stntlon at. !, cost of $165,000, be author h:ed. Respond ing to ChZlirman Wimer, Mr. George Archibald s ta ted that this is ð good location and that the price is right. Chairman Wimer explained that the County has been ordered off the present transfer station site ZIt the airport. ~r. Bruce Holly asked If he ~3S correct in his recollection that, when the County bought the Animal Control facility, there WðS extra land which the County does not need and has since talked lIbout selling, which might be used for this transfer station, to which Chairman Wimer responded that the site is too far a~ay from the collection poir.t Upon call for the question, the motion carrieð unanimously. ****Commissioner Pistor left the room at ):05 P.M.***· It.. 41 punCHA£E OF A MOBILE OFFICE TO HOUSE UNIfORM PATROL PERSONNEL or THE SHERIFf'S DEPARTMENT IN IMMOKALEE, FLORIDA - AUTHOEIZED IN THE AMOUNT OF $4,881.00 PLUS $3,000.00 FOR SKIRTING, UTILITY ~ONNECTIONS, CARPEN- TRY WORP: FOR STEPS AND PORCH, AND NECESSARY INTERIOR REMODELING AND FURNITURE Assistant County Manager Smith explained staff recommendation to purchase a mobile office for the Sheriff's Department substation in 1mmokalee and pointed out to the Board that the transportation and set-up of that trailer is included in the price of $4,881.00 and that the additional $3,000 would cover skirting, utility connections, carpentry work for the ~teps and porch, and necessary interior remodeling and furniture. Page 66 _.........,~."'.""'.,,,.,, "."~,,,.,'"."',.~~.... ,.> ,,- --'-'--' . j - r-- h:,,,-. . ~-----... July' 13, 19A2 Co~i.aioner Wenzel ~ov~d, .econded by Commissioner ~rul. and carried 4/1, with Co~mlssioner pistor absent from the room, that the purcha.e of a mobile office to houce uniform pat.rol personnel of the Sheriff's Depart.ent in Imaokelee, bft authorized in the amount of $4,801 plus $3,000.00 lor the aforementioned ite~. requested by Mr. Smith. It.. 42 SALE or TAE SURPLUS NCR BOO~~EEPING MACHINE AND DISPOSAL or COUNTY PROPERTY NOTED FOR TilE RECORD Assistant County Mðnager Smith referrcd to the Executive Summary dated 6/¿9/82 regarding the annual ðuction receipts and said that Collier County has received a bid from Glùdcs County for the NCR Bookkeeping Machine which would be sold to that County as a surplus item. Chllirman Wimer commended those pcrsons ~ho worked on the auction for a fine job. Following County Manager Nor~an's reque.t for a formal aotion, Commissioner ~ruse moved, seconded by Commissioner Wenzel and carried 4/0, with Commiasioner pistor absent from the roo., that the NCR Bookkeeping :~achine, aerial '30-1-338544, Model '399, be .old to Clad.. County for $850. It Wð8 noted for the record that $14,195 waa received froM the hnnual County Auction on June 2G, 1982. It.. 43 CHANGE IN JOB TITLE FROM ADMINISTRATIVE SECHETARY TO SECRETARY TO THE DOARD AND TAE JOB RECLASSIfICATION FROM PAY GRÅDE 10 TO PAY GRADE 15 - AUTHORIZED Assistant County Manaqer Smith explained a recommendation t~ retitle ðnd reclassify the position of Administrative Secretary to Secretary to the Board. Co~mi8sioner ~ruse moved, seconded by Commis.loner wenzel and carried 4/0, with Commissioner piator absent Page 67 800~ 069 r^~i457 _.....'''.._, ..'... _·e''''''"'''''''.."..... July 13, 1982 fro.B~~eq~,~~~ ~hange in lhe job title from AdminIstratIve Secretary to Secretary ~o the Board and the job reclassIfication from pay grade 10 to pa~ grade 15, be authorized. ·***Commissioner Pistor returned to the room at 3:15 P.M.**.. Itea U RECLASSIFICATION OF SECRETARY II POSITION TO SECRETARY III, ROME ECONOMZCS SECT!ON, AGRICULTUR~ DEPARTMENT, IMMO~ALEE, AND MS. ROUSE TO RECEIVE WAGE Þ.DJUSTMENT RETROACTIVE TO MAY 11, 1982 - AUTHORIZED Agriculture Department Director Brown said that the recommendation for reclassificatIon of the Secretary II position to Secrct~ry II!, in the Home Economics Section in the Immokalee office, was due to an oversight in a pr.;.vioDS rc¡:¡rrðngement of staff within the Agriculture Department at a previous Board meeting. Commissioner Brown moved, seconded by Comaissioner ~ru.o and carried unanimously, that Mr. Brown'. afor.~entioned request be authorized and that Ms. House receive wage adjustment retroactive to May 11,1982. I· Item 45 I MR. WILLIAM JOHNSON HIRED AS COLLaR COUNTY'S LIVESTOC~ -'GENT FOR THE I FLORIDA COOPERATIVE EXTENSION SERVICE OFFICE/AGRICUI.TURE DEPARTMENT - APPROVED AT A SALARY OF $17,600 (40' TO BE PAID BY THE COUNTY) TO BEGIN AUGUST 16, 1982 Agriculture DGp¡)rt~cnt Director Bro~n ~xpl~inp.d a proposal to hire Mr. William Johnson as the Collier County Livestock Agent with the Ploridll Coopcrðtive Extension Service. Responding to Chairman Wimer, folr. Brown said he heartily recommends that Mr. Johnsor. be hired. Commissioner Brown moved, seconded by Commissioner plstor and carried unanimously, that Mr. William Johnson be hired as the Collier County Liv.~tock Agent with the Florida CooperatIve Extension Service at a .alary of $17,600, $10,560.00 or 60\ of which the UniversIty of Page 68 __....~.. _"d__ C:::J r- "...."........._~ ",-,---..-.,- ,..,fIJ_,~.._, . Jul y 13, 1982 Florida vill furnish and $7,040.00 or 40' of which i8 to be paid by the Co~nty, with Mr. Johnson'. retirement to be paid by the University a. vell aø partial travel moni.. and mailing privilege., to begin Augu8t 16, 1982. Responding to Commissioner Brown, Mr. Brown explained that Mr. Johnson is completing his courRe work on campus at the present time and would he in Collier County shortly. Ite. 46 COUNTY MANAGER'S BUDGET MESSAGE fOR FY '82-83 - RECEIVED County Manager Norman presented his budget message for FY '82-83 for the record. Chairman Wimer sùid that the BCC would go over the budget message in more dotail beginning July 14, 1982. It.. 47 RECOMMENDED MAJOR CAPITAL IMPROVEMENT BUDGETS fOR FY '82-83 (fUNDS 302, 3C3, 304 & 305) - RECEIVED Chairmlln Wimer noted for the record that the County Mðnagers' recommended Mójor Capital Improvement Budgets for FY '82-83 (Funds 302, 303 " 304 & 3 0 5 ) we r ere c e 1 v e d . It.. 48 MR. P. ~. (KNUTE) "ARTMAN APPOINT~D AS PUBLIC WOR~S ADMINISTRATOR, MR. TOM ~UC~ APPOINTED AS ACTING COUNTY ENGINEER FOR A PERIOD NOT TO EXCEED 6 MONTAS County Manager Norman ~xplðincd that he had to supplement and rp.vise the recommendation listed in his Executive Summary dated 7/9/82, because he has just lear:'cd that "'r. P. K. Bartman is in the process of getting his regi5~~~tion and, therefore, is not eligible to be ~ppointed County Engineer, adding that he was sure that would be no problem. He requested that his recommendation be revised to delete County Engineer from the appointment ùnd that Mr. Hartman be lIppointed Page 69 ßOaK 069 PAc4f>1J 'I .- ..,_.....,,- _. "'·<~'<;·'·-'~'><'_.I,'""''''~ July 13, 1982 ~OQK 0&9 fACe450 as Public Works Administrator and requested that the ecc authorize the appoIntment of Mr. Tom Kuck to be Acting County Engineer for a period not to exceed 6 months. CoDaI.sioner Wenzel ~oved, aeconded by Commissioner piator and carried, that the afore.entioned recommendations be approved. Commis- sioner Kruse asked if Mr. Archibllld could not continue to be Acting County Engineer, to which Mr. Norman responded that he had discussed this situation with Mr. Archib~ld and that Mr. Kuck is the head of the Engineering Department and possbility more appropriate to be respon- sible for Engineering on ðn interim basis. It was the consensus of the Board that Mr. Archibald is doing a good job. Upon call for the question, the aotion carried unani.ously. Ite. 49 AM!RIC~H BAN~NOTE APPROVED TO PRINT TAr. JUSTICE CENTER BONDS ~T ~ COST OF $3,858.00 AND APPELATE PRINTING OR S.o.S. PRINTING ~PPROV!D ~O PRIMT TH! OFFICIAL STATEMENT, DEPENDING ON THE LOCATION OF STATEM~NT DRAFTING WOR~ TO Ag PERFORMED County Manager Norman explained that the Board had received the bids obtained by the County financial advisors for printing the bonds and the official statements, adding that, in or~er to keep the bond issue on schedule, particularly with the nece~5ðry preliminary work in printing the official statement, it is desirable that the BCC authorize the award of the printing recognizing that the final work would not be done until the -final go-ahead- is given, so that the County does not incur any unnecessary expense. Co~mi.sloner Wenzel ~oved, seconded by Commissioner pistor and carried unani~ously, that American Banknote be approved to print the Justice Center &ends at a cost of $3,858.00 and that Appelate Printing or s.O.S. printing be approved to print the official atate.ent, Page 70 .-. '.~_.'-'~'''-'''''-'''''''''' C--=:J --. "-....- . --. July 13, 19A? ðepending on the location of state¡r.ent drðfting work to b. performed. COUNTY rISCAL OFFIC~R AUTr.ORIZ~D TO ARRANGE THE BORROWING or UP. TO $150,000 TO SUPPLEMENT THE LOAN AND GRAtlT FUNDS PROVIDED BY THE FARM~RS aOME ADMINISTRATION FOR THE CONSTRUCTION OF THE GCODL^ND WATER SYSTEM Utilities Manager Berzon thanked the BCC for their earlier action regarding withdrawing the policy of requiring that the £ewage treatment plants and land be dedicated by developers. Mr. Oerzon explllined that the construction of the Goodland Water System is within the budget, however, it is about two week~ behind Gchedule. He recalled that the supplemental funding for sam~ was originlllly part of the entire financilll package approved by the Board In 1980. Responding to Commissioner pistor, Mr. Ber20n stated thllt the request f~r $150,000 is not a new Item and that the County has vlllidation for the additl.on~l $150,000, adding that that subject of penalties is a separat~ issue and that he is hopeful that item will reduce the project costs. He said that long term financing for up to $150,000 woula be more desir~ble, however, in the event that can not be don~, he requested that the Fiscal Officer be authorized to obtain short term borrowing for same ~hich can then be "rolled over". Commissioner piator moved, seconded by Commissioner Wenzel and corried unanimously, that the Fiscal Officer be authorized to arrange for short term borrowing of up to $150,000 to supplement the funds needed to supplement the loan and grant funds provided by the Farmers Hoae Að.inl~tralion for the construction of thft Goodland Water system. Page 71 ßOO~ 069 PACë-461 '-"~-""'''''''''';'~'''''---''- .;""""," July 13, 1982 It.. 51 bOOK 069 fACf4Q, WORKSHOP ~UTHORIZED FOR COUNTY ~TTOnNEY, UTILITIES MANAGER, PLANNING ST~FF, ENVIRONMENTAL ~OVISOR, INTERESTED ~EMDERS or THE PUBLIC ~ND OTHER U~ILITItS THAT M~Y Ðt AFFECTED RE AN ORDINANCE TO REGUL~TE THE DISPOSAL OF SEWAGE .EFFLUENT. REPORT ~T TilE BCC MEETING JULY 27,. 1982. acc WORKSHOP RE SAME SUB~ECT TO FOLLOW. NO DATE ESTABLIS~ Utilities Manager Berzon sðid that the BCC have received a copy of what is not intended to be 8n ordinance but is a substantive portion of an ordinance to regulate the disposal of sewage effluent. He asked that, if there ðre serious objections or concerns regarding the contents, the County Attorney and he should be made awace of same. He said that, if there are no concerns, he recommended that the acc direct the County Attorney, any membcrs of the planning staff, including the Environmentalist, and himself to be brought into the ordinllnce making procedure because this is not ðn ordinance that should be relegated only to the Utilities Division, adding there are some concerns regard~ ing this type of practice which go teyond the utilities. Chairman Wimer suggested that two workshops be held, one set up I 1 I I I I with staff lInd those persons mentioned by Mr. Berzon, plus any 1nter- ostcd members of the public and other utilities ~ho may be affected by the ordinance and thðt, following th~t ~orkshop, a workshop be ~eià· with the Board of County Commissioners. Responding to Commissioner Wenzel, Chairman Wimer and Mr. Berzon said it might be premature to set a public hearing on ^ugust 10, 1982 regarding the proposed ordinance. Tap. 10 Commissioner ~ruse ~oveð, seconded by Commissioner Wenzel and carried unanimously, that the above-mentioned workshops be authorizeð. Mr. Bcrzon said that the staff workshop could b~ held within the next two weeks and thùt an additionðl meeting or t~o may prove necessary to Page 72 ~,. ";---... ~ ...,,. ".------... ; I V!"'+~_.~".-.J ....---. __0._- ~ ..:.,.'.......... .- July 13, 1982 get staff con~cnsus developed on the subject under dIscussion. He said he folt it wou1d be appropriate for a report of the findings of those ~eetings to be made at the July 27, 1982 BCC meeting. Chalrm~n Wimer requested thðt whatever notification that is proper to accomplish giving th?se persons affected the opportunity to sit down with stllff and go over the mlltt~r, be made. Mr. 6erzon said that if the Board Ceels it is aµpropriatc the Board should set their workshop. Mr. B. C. Nichols, representing The GladE':s, spoke in op:-.;"sition to the foregoing as -an unnecessary layer of bureaucracy- to regulate an area that is already rcgulated by the Department of EnvIronmental Regullltions. Commissioner Brown told Mr. Nichols he ~ould be interested in discussing the situation with him. Mr. Nichols commented that the Statute does say that. before such lIn ordInance clln be passed, it must be approved by the DER and it further says that the ordinance must provide for the financIng lInd discharge of all the duties that the DEn would lIllow the Board to assume. He saId he felt that the staff should be directed to gIve the Board a cost estimate liS to ho~ many engineers, hydrologists, secretaries, desks, and what quantity of office splice ~ould be requjrcd in order to enforce the proposed ordinance. It.. 52 WOR~SHOP AUTHORIZED rOR COUNTY ATTORNEY, UTILITIES MANAGER AND ACe R! PROPOSED FRANCHISE AGREEMENTS rOR PRIVATE~Y OWNED UTILITIES ON JULY 19, 1982 AT 9:00 A.M. Utilities Manager Berzon said that the CommissIoners lInd the County Attorney have been p~ovidcd with a copy of a draft of a fran- chise agreemcnt which could be utilized in connection with privately owned utilities. lie pointed out that the provisions of the particular PlIge 73 8O:J~ 069 PAC[4f)3 ·1 ¡ · - --.... ~ ðOOK C69 r^Gt~ July I J, 1982 franchise agrocmcnt arc hopcfully, in hi5 opinion, consistent with the provisions of Ordinllncc 16-71, the provinions of many of similllr franchlso agreemen~s that havc been lIdopted in many parts of the State of Florida as well as othcr p~rts of the Country ~nd thllt the draft also contains provisions for the BCC to adopt such rules and regula- tions as may be applicable from time to time during the life of the franchise which nced not restrict the actions of t~~ franchisee but which does provide the protection to the public which the franchise is supposed to provide. Com_iastoner Wenzel moved that a workshop s...lon with the Board be h~ld July 19, 1982 at 9%00 A.M. on the topic of the propoAeð franch~se agreements for privately owned utilities, seconded by Co.missioner ~ruse and carried unanimously. Several registered speakers d~clined to spe~k until the workshop. Ite. 53 PUBLIC HEARING SCHEDULED FOR AUGUST 10, 1982 ~OR THE PURPOSE OF H~ARING OBJECTIONS AND/OR COMMENTS REG^RDING THE PROPOSED ORDINANCE TO ESTABLISH FEES AND CHARGES FOR SUPERVISION OF UTILITY RATES AND FR^NCHISES Utilities Manager Berzon explained this item as II proposed ordinance which is intended to provide the revenue upon which the various franchises will be supervised, particularly in connection with ratc revie~s, adding that the ordinance is needed to provide the revenue and because the ordinance is part of the next item on the agenda which would then authorize the rate anlllysts to begin their ~ork in connection with The Glades rate review. Co~issioner Pistor moved, .econded by Comaissioner Wer.zel and carried unanimously, that a public he.ring be set August 10, 1~82, for the purpo.e of hearing objections and/or comments regarding the pro- posed Ordinance to establish fees and charges for supervision of utility rates and franchises. Fag e 74 ...--~-_._.... _.... ,-~. .. f·' ..--~ " t~*.~1 ¡-J ~..-.. :::.-:J July 13, 1982 ItoID 54 DARBY, SHEAHEN , WEISSMAN AUTHORIZED TO PROCEED WIT~ Tn! ANALYSIS R!'.'1EW AND R^T! STUDY or THE RATE CAS! f'RESENTED BY TItE GLADES UTILITIES (EAST NAPLES WATER SYSTEM, INC.) Utilities Manllger Berzon requested that the firm of Darby, Sheahan and Weissmlln, authorized by the Board 1n December 1981 to act as the County fate consultllnt, begin the Glades utility review based upon the material submitted to the County to date. Commissioner Wenzel moved, seconded by Commissioner pistor and carried unanimously, that the firm of Darby, Sheahen and Weissman be authorized to proceed with the analysis review and rate study of the Rate Case presented by the Glades Utilities (East Napl.s Water Syste., Inc.) . Mr. B. C. Nichols, representing the Glades, said that hiring the consultant is necessary, ho~ever, he requested clarification on this subject as to a timefrllme within which the consultant will perform the work. Chairman Wimer responded for ~veryones benefit as soon as possible and Mr. Berzon said that this type of rate review is custom- arily going to take bet~een 30 and 60 days because he must look at the matcriùl submitted and do the verification of much of the information in the field. Chairman Wimer requested that when the consultant is authorized to be hired that the firm is made aware that the Board is desirous to have the work accomplished as quickly as possible and he asked that the consultant's time schedule be submitted prior to the next BCC meeting for everyones review. Page 75 MOK 069 p^CE46S ,¡ I I, t'~ .. Xte. 55 MO~ C69 PACE.466 July 13, 1982 ~CCEPT~NCE OF W~TER ~ND SEWER FACILITIES FOR COLLIER COUNTY PRODUCTION PARK _ ~UTHORIztDJ RECORDATION OF THE LEGAL DOCUMENTS WITHIN THE OFFICI~L RECORDS OF COLLIER COUNTY, CH~IRMAN ~UTnOnIZED TO EXF.CUTE THE SEWER r~CILITIES LÈASE FOR THE OPERATION ~ND M~IHTENANCE OF THE SEWER LINES BY THE DEVELOP~R AND TO EXECUTE ~ DEtD CONVEYING TAE W~TER r~CILITIES TO THE CITY OF N~PLeS Utilities Managcr Bcrzon recommended that the BCC accept the water and sewer facilities for Collier County ProductIon Park. Co..issioner Wenzel ~oved aeconded by Co~mi88ioner Piator and carried unanimouøly, that the acceptance of the water and aewet facilities for Collíer County Production Park be authorizedl that the followinq leqal documents be recorded within the official recorda of Col11er County, and that the Chairman be authorized to execute the eewer facllities lease for the operatlon and maintenance of tt. sewer 11nea by the developer and execute a deed conveying tho water taclJltles to the City of N~pleBz a) Dccd for thc water filcilitIes b) Deed for the sewer facilities c) Bill 0 f Sa I e for the .....J t e r f II C i Ii tIe s d) DIll of Sale for the sewer facilities e) UtIl1ty Easement Doc'umcnt f) Lab results on bacteriologicðl test on the water lines g) Bactcriological clearance from the DER on the water lines h) Affidavit of No Liens i) Up-to-date list of owncrs lind/or customers of individual lots j) Certification concerning contributions in aid of any construction k) Verification of final costs for both the water and sewer facilities 1) Results of infiltration test on the sewer lines m) Results of pressure testing the water lines n) Lettcr by Engineer certifying that all water and/or sewcr facilities are located ....ithin the Public Right-of-Way or dedicated easements 0) Contrùctual Guarantee for workmanship ðnd m~terials for a period of onc ()) yeðr after the Board of County Commis- sioners' acceptance p) Letter from the Fire Control District regarding ownership and maintenance of the fire hydrants q) Sewer Facilities Lellse r) One (1) set of the as-built drawings signed and sealed by the Engineer of Record 8) One copy of the plat Page 76 """'.._-"..;.,.."~.."",,,- July 13, 1982 ~oo~ 069 rACE$ It.. 56 COUNTY ATTORNEY, UTILITIZS MANAGER, AND STAF' AUTHORIZED TO BlGIN PREPARATION OF THE PURCHASE AGREEMEtlT TO ACQUIRE THE CAPRI WATER. WOR~S SUBJECT TO VERIrICATION OF ASSETS AND INCL,USION OF A PROVISION IN TRE AGREEMENT THAT TItE COUNTY BE PROVIDED WITH A GUARANTE~ BOND or APPROX- IMATELY $100,000.00 FOR THE LIFE OF THE PLANT utilitie3 Manager Berzon requested the Board to authorize the County Attorney, staff and him to start the preparation of the purchllse agreement to lIcquire the Capri WlIter Works subject to the verification of assets still to be verified and to include the provision of an agreement that the County be provided with a guarantee bond of approx- imately $100,000.00 for the life of the plant, estimated to be about one more year. Responding to Chairman Wimer, Mr. Berzon clarified his request is only th~t the Board authorize preparotion of the agreement documents for acquisition of the Capri Water Works lInd not the purcha$e itself. COllUllission.r Plator mov.d, seconded by Co..lssioner Krus. and carried unanimously, that the County Attorn.y, Utilities Manager, and staff be authorized to begin preparation of the purchase agr....nt to acquire the Capri Water works, subj.ct to verification of aasets and to include a provision in the a9r.e~ent that the County be provided with a guarant.e bond of approxi.ately $100,000.00 for the life of the plant. Mr. Berzon said, due to the fact that the Capri Water Works' attorney will not be lIvailablc until August 10, 1982, he assumed that he would be able to rcturn the aforementioned purchase agreement on tha t da te . pag e 77 ~--:-::, .........-... J c-..: "..._..~. ....-................ : ., u 1 Y I 3, I 9 8 2 ......Recess 3:35 P.M. - Reconvened 3:45 P.M. at which time Dcputy Clerk ~enyon replaced Deputy Clerk Skinner.....·. TAPE 10 It.a . 57 $~,448.50 FOR FORMER COUNTY ~TTORNEY PIC~ORTH FOR CONTRACTUAL SERVICES. - APPROVED Fiscal Officer Giles stated thllt he has a bill from Asbell, Hains, Coyle, Lewallen, & Pickworth regarding Mr. Pickworth's services for the County in the total amount of $4,448.50 which are covercd under his contract with thc County lInd has been ~igned and approved by the County Attorney, Mr. Saunders. Commissioner Pistor moved, seconded by Commissioner Wenzel and carried unanimously, that the bill in the amount of $4,448.50 for former County Attorney Pickworth's contractual services, be paid. It.. 58 ROUTINE BILLS - APPROVED FOR PAYMENT Pursuant to Resolution 81-150 the following checks were issued through FridllY, July 9, 1982, in payment of routine bills: CHF.C~ DESCRIPTION CHEC~ NOS. ~MOUNT VOllcher Checks Regulllr Payroll CETA Payroll Checks $8,255,3.-14.:n 876,9110.40 40,829.54 744 2-90 58 37391-38977 8722-8939 ItelDs 59-66 BUDGET AMENDMENTS 82-196 THROUGH 82-203 ADOPTED AS FOLLOWSz Commissioner pistor moved, secondeð by Commissioner Wenzel and carrieð unanImously, that Budget Amendments 82-196 through 82-203, (action previously approved by the BOdrd) be adopted in the following ..ounts .s indicated belowz 82-196 Transferring funds to rcserve wage $3,400 Page 78 ~oox 069 PACE495' :1 ... il July 13, 1982 ~OOK ~ PAC~ & salary adjustment du~ to Board of County ÇommlGsloncr~ approved salary !ncreaac for professional engineers for the Engineering Dcpartment, Sub- division Review. 82-197 Transferring funds to provide lIddi- tional funding necessary to operate thru 6/30/82 for the Health Department. 82-198 To set up accounts for expenditures in the Title XX Homemaker program for the Soci~l Services Department. 82-199 Transferring funds to provide funds for lease-purchase of mini-pumper from dona- tions and appropriatio~ intended for the Ochopee Fire Control Department. 82-200 Transferring funds to ~ore a~curately project rropozcd expenditures of the $10,000 state grant for coastal mlln~ge- ment for the Community Development Fnvironmental Department. 82-201 Transfcrring funds to provide funds for engincering services to be repaid from 1982-83 ad vlIlorem taxes for the Pine Pidge Industrial Park MSTU. 82-202 Transferring $217,000 from General Administrlltion and reclassify b~t~eer. land and building for additional amount needed for purchase of Marydale Kennels for the Animal Control Department. 82-203 To correct amendment number 82-119 dated 3/23/82 ~hich was made in error, for the Building Maintenance Department. It... 67-80 BUDGET AMENDMENTS 82-204 THROUGH 82-217 ADOPTED AS FOLLOWS. Commi..ioner Brown moved, secondeð by Commissioner Wenzel and $27,239 $11,429 $9,500 $2,230 $65,000 $268,000 $230 carried 4/1, (Commissioner Kruse opp03ed), that Budget Amend.ent. 82-204 through 82-217, (action not previously approved by the B~ard _ involving transfers within department budgets) ba adopted in the Page 79 ..; ,...-- ~-.... --- r 1 '-It -~ ..it................,,; ,J u I y 1 3 , I 9 0 ? follov1n9 ð~ount8 .s Indicatedt 82-204 Transferring fund5 for grant inform~- $500 tion publications for the County Manager Dopartment. 82-205 Transferring funds to ffillke up deficit $400 balance in object code 340 for Court- room Opcration and Maintenance Department. 82-206 Transfcrring lIdditional amount needed $850 for office supplies for Courts & Related Programs Dcpartment. 82-207 Transferring additional amount needed $100 for office supplies for Courts & Related Programs Department. 82-208 Transferring funùs to provide for purchase $250 of dictating equipmcnt for Public Works Administration Dcpartment. 82-209 To removc Dicbold powcr file ðnd to repair $700 ceiling tiles where filc was located for Supervisor of Elections Department. 82-210 Transfcrring funds to provide funds for $75.25 solllrscreen for windiws in office for Veterans Service Dcpartment. 82-211 To provide neccssary funds to purchase a $1,460 typewritcr to rcplacc Y.G.V.P. only type- writer and to provi~c for office renovation for privat~ office mandated by Juvenile Confidentiality Laws. 82-212 Transferring of funds from a cùpital $18,000 account to an inter-departmental lIccount for the purpose of allocating funds in accordance with current commission district boundaries for the MST Di~trict 4 - Road Construction Department. 82-213 To reducc appropriations as requested $543,491 because of substantial reduced building permit collcctions for the Building Code Compliancc Dcpllrtm~nt. 82-214 Transfcrring funds to providc for rcplace- $100 ment of calçulator for the Data Processing Department. Page 80 MQ~ 069 f/.crJ/11 ,! :1 . ,f " ii ~oo~ 82-215 82-216 82-217 J July 13, 1982 rø r^C~ag ~sfcrring funds to ðmend Fleet Mðnage- ment budget to reflect actu~l expenditures for the Fleet Maintenance Department. . To contract an art and water sports specialist, services to be provided at corrective behavior, summer cùmp program for the Youth Guidance Volunteer Program Depllr tment. To cover unexpected repair cost for donated vehicles for the Youth Guidance Volunteer Program Department. $7,253 $1,120 $400 Page 81 ...,,-'_.."""'...~...._--_.....~. . ßOO~ 069 FACr..&Z2. July ]3, 1982 I tea e 1 COMMISSIONER PISTOR ~PPOINTED TO SERVE ON AUDITOR SELECTION COMMITTEE Clerk Rengan stated that onc Commissioner 1s needcd to sit on the Auditor Selection Committee which is an annuðl committee. Co.-i..ioner Brown moved, seconded by Co.-ia.ioner ~rUBe and carried unanimously, that Commissioner John piator be .ppointed to .erve on the ~uditor Sel8ction Committee. IUII 82 REQUEST BY THE CLEHK OF THE CIRCUIT COURT TO DESTROY THE ·OBSOLETE- FILES OF THE AO~RD OF COUNTY COMMISSIONERS AFTER APPROVAL PROM THB DIVISION OF ARCHIVES, HISTORY ~ND RECORDS M~NAGEMENT - ~PPROVED Fiscal Office GIles stated that this is a request for approval of the destruction of obsolete files of the Board of Collier County Commissioners in accordance with the Florida Statutes for the destruction of public records. Commissioner Plstor moved, seconded by Commissioner Brown and carried unanimously, that the request by the Clerk of the Circuit Court to destroy the ·obaolete- files of the Board of County Commissionera, after approval frOD the Di~i.ion of ~rchiv.s, History and R.corda Managftment, be approved. Page 82 "--~"'""'''''''-''''-'"^' ~ ¡;;;;:¡ July 13, 1982 IU. 83 ::=~ CHAIRMAN WIME~, COMMISSIONERS KRUSE AND PISTOR APPOINTED TO SERVE ON THE PROPERTY APPRAISAL ADJUSTMENT BOARD AND AUTHORIZED TO CONTACT SCHOOL BOARD CHAIRMAN FOR TWO APPOINTMENTS Co.-issioner Wenzel moved, 8econd~d by Commissionar Brown and carried unanimously, that Chairman Wimer, Commissioners Kruse and Pi.tor, be appoint.d to ..rv. on the property Appraisal Adjustment Board and authorization to contact the ,School Board chairman for two appointm.nts. ItaID 84 RESOLUTION 82-88 APPOINTING ROSS OBLEY TO SERVE AS A MEMBER OF COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY - ADOPTED THE and Obley to Commissioner pistor moved, seconded by Commis.ioner Kruse carried unani.ously, that Resolution 82-88 appointing Mr. Ro.s .erve as a .ember of th. Collier County Industrial Development Authority be adopted. ðOD~ 069 rACf.523 Page 83 ." I ¡ , _.."~_ "..'...".0,", '"'_~"h'" "..,'" ,. ~...;J c:::J , ;-~ . . , July 13, 19B2 Ite. 85 RESOLUTION 82-89 RE~PPOINTING W~LT~R ROGERS TO SERVE AS ~ MEMBER or THE COLLIER COUNTY INDtlSTnIAL DEVELOPMENT AUTHORITY - ~DOPTED Co..i..loner PI.tor .oved, aeconded by Co~.is.ioner Xruae and carried unanimoualy, that Resolution 82-89 reappointing Mr. Walter Rogers to aerve aa a member of the Collier County Industrial Develop.ent ~uthority be adopted. Page 84 ßO~K 069~: ~ ,525 :1 ;! .1 I, --- í....-_. ...; ~ .~,:J ...- --l ~.. July 13, 19R2 Ite. 86 COMMISSIONER BROWN ~PPOINTED TO REPLACE COMMISSIONER WENZEL ~S A REPREGENT~TIVE P'OR ~ TnREE-YE~R TERM ON THE SOUTHWí~S·)l' P'LORID~ REGIONAL PLANNING COUNCIL, EFFECTIVE TAIS D~TE Co.-Issloner ~rus. moved, seconded by Co~mls810ner Wenzel and carried unanl~ously, that Commissioner Brown be appo1nted to replace Comals.lonor Wenzel.. a repre.øntatlve for a three-yoar tera on the Southwest 'lorida Regional Planning Council, effective this date. T~P£ 10 , 11 Itell 87 ~CTION OP' MAY 25, 1982, RESCINDED REGARDING L~K£WOOD TREATMENT P'~CILITY ~ND LA~EWOOD DEVELOPERS TO BE REQUIRED TO MAINT~IN TAE TREATMENT PLANT ON SITE U~JTIT. SUCH TIME AS A. FRANCHISE A.GREEMENT IS APPROVED CommIssioner pistor stated that thi~ was a matter thllt was approved on May 25, 1982, adding that shortly therellfter he had visits from people of Lakewood that were not in favor of the Lakewood Treatment FðCility being dismi.lntlcd. lie reported that Some people from Lakewood were not aware thllt this action waS going to be brought before the Board. He stated that there is a ~awsuit pending on this matter. He reported that, after checking the records, it had been decIded that Lðkewood could hook into the Glades, but the Lðkewood plant had to be kept availllblo until such tim~ as there WllS II bonllfide and vlllid franchise wIth the Glades organization. Commissioner PIstor .oved, seconded by Commissioner Wenzel, that the Board should override their own decision, the matter should be reconsldQred and the action of May 25, 1982, should be rescinded an~ that the developer of Lakewood should be requlrad to ~alntaln the plant until such time as a franchise 1a approved with the Gladea. Page 85 BOOK Cl8 FACfSZ1 ...- . I j' ',¡.'" , Î _".~..~...,~..,~_..",~..-_...," ~-"" .. July 13, 1982 ~OO~ ~JfCl.BeCba, representing the residents and homeowners of Lakewood, stated that they were concerncd by the action of the Board on May 25, 1982, in a~proving the request by U S Home to dismantle the Lakewood treatment plant. He reported th~t the letter was brought up by the Administrative Aide at the conclusion of the commission meeting without being rc~d aloud and ~as approved without discussion. He reported that he believed the Board was misled by the statment that said the residents of Lðkcwood would like to see this plant removed, adding that this statement is and was false and is contrary to their wishes. He stated thðt there have becn petitions signed by 425 residents ~hich protest the removal of the treatment facility by U S Home Corporation, which is located in the Lakewood Subdivision, unless and until a properly frùnchised and legdlly operating system is made available with rates and charges to be dctermined after public hearings and controlled DY the Board of County Co~missioners of Collier County. He reported that they are asking that this action be reconsiucred. He stated that if the County reverses their action of May 25, 1982, LlIkewood Homeowners ^S50ciation would dismiss their lawsuit lIgainst the County and if U S Home corporation will dismiss their counter claim, Lakewood Homeowners Association will dismiss their lawsuit against them. Mr. Brown, r(prcsentin9 U S lIome, stated that he was under the impressIon that a franchise lIgrccmcnt ~ould be entered into within a reasonable time after the usage was switched from tðkewood to the Glades, adding that it has been 9 months and a franchise agreement is not any closer now than it was then. He stated thðt he would lIke a Page 86 .....~.-,..-,..__,,_.".v.-_~ ~ {;::) ---, ........-...J July 13, 1982 franchise agreement as soon as possible as each month the plant depreciates more. II~ st'ðted th!1t he is willing to 1clIve the plant there for a while, but they have to have a franchise agreement. Commissioner Kruse stated that she was the one that made the original motion regarding this matter and there was no time limit involved. Co~missioner Wimer questioned if there is any problem with leaving the p1~nt therc for ð short while lon9cr, to which Mr. Brown replied that this could be done, but a frllnchise agreement has to be entered into in the near future. Upon Chairman Wimer calling for the question, the motion carried unanimously. TAPE 11 It.. 88 CHAIRMAN AUTRORIZED TO SIGN CERTIFICATES OF CORRECTION TO THE TAX ROLLS AS PRESENTED BY THE PROPERTY APPRAISER'S OFFICE Commissioner ~rus. ~oved, secondad by Commissioner Piator and carried unanimously, that the following Certificates of Correction to the Tax Rolls, as submitted by the Property Appraiser's Office, be authorized for execution by the Chairman: NUMBERS DATES 1980 TAX ROLL 556-587 6/10-6/14/82 1981 TAX ROLL 548-551 573-574 575-578 5/20-5/26/82 6/21/82 6130-7/1/82 Pago 87 BOOK 069 f,\Ci 52S I' #., : , : ! , t -_...",~_...,....__.. ..., July 13, 1982 Max 069 PACt 530 1981 T~X ROLL TANGIBLE PERSONAL PROPERTY 1981-1~1 thru 1981-153 6/15-6/30/82 1981 T~X ROLL DF.LETE 543-547 552-561 563 564-572 5/18/82 5/28/82 6/1/82 5/28-6/4/82 1982 TAX ROLL 541-542 5/14/82 Ite. 89 EXTRA C~IN TIME FOR INMAT!S NO. 39218, 32263, 23573, 38468, 37879, 39346, 37995, 37547, ~39)48, 39348, 38933, ~ND 28858 - ~PPROVED COJllmissioner F:r'lse lIIoved, seconded by Commissioner plator and carried unanimously, that extra gain time be approved for the following Collier County Jail Inmates and establishing. new release date, as requested by Sheriff Rogersl INMATE NO. EXTRA GAIN TIME 1.H~LE~SE DAT! 39218 36 days 7/7/82 32263 24 d II ys 9/29/82 23573 24 days 7/9/82 38468 24 d é} ys 9/23/82 37879 36 days 7/30/82 39346 36 <.Jðys 7/23/82 37995 36 days 6/16/82 37547 36 days 8/18/82 A39348 10 days 7/10/82 39348 10 d II ys 7/14/82 38933 5 days 7/6/82 28858 36 days 7/28/82 Page 88 '-"."","'_......."'-'-_._,_.,.,....~~ ~... ---..J c:: ---""" ....~ ;i ,. July 13, 1982 I tea 90 MEDICAL LEAVE OF ABSENCE FOR MARGARET rOSTER, PUBLIC WOR~S ~DMINIRTRATION, FROM 5/29/82 TO 12/1/82 - APPROVED CommissIoner Wenzel moved, øeconded by Commissioner ~ruse and carried unanimously, that a medical leave of absence for Margaret roater, Public Works Administration, from 5/29/82 to 12/1/82, be approved. Item 91 MATERNITY LEAVE OF ABSENCE FOR ROBYN L. GODWIN, PERSONNEL/INSURANCE DEPARTMENT, FROM. 8/30/62 TO 10/11/82 - APPROVED Commissinner Wenzel moved, secondod by Commissioner pintor and carried unanimously, that ð mðternity leave of absence for Robyn L. Godwin, Personnel/Insurance Department, from 8/30/82 to 10/11/82, be approved. I tea 92 RESIGNATION OF MR. THOMAS F. CLAR~ FROM THE EM SAC - ACCEPTED. APPROPRIATE LETTER OP APPRECIATION - AUTHORIZED. STAPF AUTHORIZED TO REQUEGT THE INCOMING DIRECTOR OF CHSI TO SERVE ON EMSAC Commissioner ~ruse moved, seconded by Commissioner Wenzel and carried unanimously, that the resignation of Mr. Thoma. F. Clark froa the EMSAC be accepted I an appropriate letter of appreciation be authorized, and .t~ff authorized to request the incoming director of CBSI to serve on the r.MSAC. Itelll 93 RESIGNATION or MR. JOSEPH LEADABRAND PROM THE ISLES OF CAFRI FIRE CONTROL DISTRICT ADVISORY COMMITTEE - ACCEPTED. APPROPRIATE LETTER or APPRECIATION - AUTHORIZED. ADVERTISING AUTHORIZED FOR A NEW MEMBER FROM THIS DISTRICT. Commissioner Wenzel moved, seconded by Com.iso10ner ~ruse and Page 89 BOOK C69 rAGE 581 -,. ..",,,,",..-,,,.,,,,,-,,,,,,;,," : ,/ aaaK 069 rAC¡;532, July 13, 1982 carried unanimously, that the resignation of Mr. Joseph Leadabrand tro. the Islea of Carpi VIre Control District Adviaory Committee, be accopted an appr~priate letter of appreciation be authorized and advertiaing authorIzed for a new me~ber from thia district. Ite. 94 RESIGNATION OF MR. ALEX R. GARLAND FROM THE BOARD OF ADJUSTMENTS AND APPEALS - ACCEPTED. APPROPRIATE LETTER OF APPRECIATION - AUTHORIZED. Commissioner Wenzel moved, seconded by Commissioner piator and carried unanimously, that the resignation of Mr. Alex R. Garland fro. the Board of Adjustments and Appeals, be accepted and the appropriate letter of appreciation, be authorized. Itelll 95 TAX COLLECTOR AUTItORIZED TO ISSUE DUPLICATE TAX SALE CERTIFICATES NO. 4401 AND 4615 TO BARBÃRA B. ~UC^S, DUE TO LOSS Commissioner ~ruse moved, seconded by Commissioner Wenzel and carried unanimously, that the Tax Collector be authorized ~o iasue duplicate Tax Sale Certificates No. 4401 and 4615 to Barbara B. Lucas, due to loss. " Page 90 · ~-- ~ Ioc_J t:=; r .: . 1 ..L--" j July 13, 1982 It.. 96 CHAIRMAN WIMER DIRECTED STAFF TO PUT MISCELLANEOUS ITEMS THAT REQUIRE MOTIONS UNDER THE NEW CONSENT ~GENDA Chair.an Wimer dlrectðd Staff to put all miscellaneous items that require a aotion under the nev consent agenda In the future In order to .ave tl.e. It... 96A LAKE TRAFFORD MEMORIAL GARDENS DEEDS NO. 304 AND 305 - ACCEPTED FOR RECORDATION pur.uant to action of the Board January 19, 1978, vhereln the Chairman va. authorized t~ sign various deeds to Lake Trafford M.aorial Gardens Cemetery lots as the n!ed aristis, the following deeds No. 304 ar"':S vere recorded and flIed fo'" .'~ record. Page 91 ßOOK ~ rACE~ ·.....'" ""'-....""'-,.. .~_.,"~-- ~-.J t:::~_: .- .J- ..._~ . . c. July 13, 1902 Ite. 91 MISCELLANEOUS CORRESPONDENCE - FILED AND/OR "EFERRED Thero being no objection, the Chair directed that the following corr..pondence be filed and/or referred to the various departaents a. indicated below. I. Letter dated 6/22/82 from Richard I. Cervelli advising that he hðs been retûined by Porter H. Beach and State Farm Insurance to represcnt them regarding property damage as the result of an ar.cident at the Immoklllee Airport. Request for information regarding insurance coverage. xc Public Works; F i 1 ed . 2. Letter dated 5/19/82 from the Division of Retircment, Department of Administration, regardIng revised reporting instructions for payments on account of sickness, including third-party payments. xc Payroll; Filed. 3. Letter dated 5/20/82 from Robert o. Towle, Chairmlln of the Contrðctor's Licen~ing Board, regarding the Board's desirc to hold mectings on the third floor rather than in the 5th floor conference room. xc Filed. 4. Departmental reports werc receivcd ~nd filed for the following: A. CETA Monthly Status report for May, 1982. B. Forestry Report for Junc 3, 1982 and July 2, 1982. C. Golden Gatc Community Center Advisory Committee, no me e t i ng i n J u n e . D. Social Services report for May, 1982. E. Public Works-Solid Waste Division monthly activity report for April, 1982, and May, 1932. F. Parks and Rccreation for May, 1982. G. Youth Guidancc Volunteer Progr~m monthly reports for May, 198~, ðnd June, 191'12. H. Recap of Zoning Investigations for April, 1982, and Ma y, 1 9 R 2 . 1. Activities Report for Public Librùry for May, 1982, and June, 1982. J. Monthly Report for Veterôns IIffð!rs for May, 1982. 5. Memorandum from thc Department of Vcteran and Community Affairs regarding notice of funds available to local government through the Florida Financtùl Assistance for Community Service Act of 197~. Information ùnd application enclosed for request of allocûted funds. xc Mr. Norman; F il ed . Page 92 MO~ C69 fACt'537 'I :, ·1 I! I' " July 13, 1982 ßOO~ 06g f.lr.r "<QG 6. Letter (~\:~2()/82 from R. ß. and Muriel Barrctt rcgarding a rcquest by YIID Partnership, Hickory lIiHbor Condominiums, Pcrmit No. 110561345, for a boat dock variance. xc Mr. Norman, Mr. Virtð; Filcd. 7. Undated letter from Mr. and Mrs. E. M. Sturhann agreeing to a 50' eascmcnt vacation requested by James R. and Minerva Longmire ðnd Thomas G. and Maxinc Davis. (PH 7/13/82) They also requcst the vacation of all 30' easements which cross their property. xc Mr. Norman, Mr. Archibllld: Filed. 8. Letter dated 6/2/82 from Jay Hakes, Director, Governo¡,,'a Energy Office, requesting assistance in a survey on rising prices of gasoline and electricity. xc Mr. Norman; Filed. 9. Letter dated 5/1~/82 from Thomas J. Walden, Engineer, Water and Sewcr Department, Public Gcrvice Commission, requesting a copy of applicable codes regarding fire flows required due to fire codes ðnd subdivision regulations in Collier County. xc Mr. Normðn, Mr. Berzon; filed. 10. The following corrcspondence was r~celvcd from the Department of Natural Resources and filed for the record: A. Copy of a letter dated 5/24/82 to P. M. Frllncoeur granting a one-year extension of Permit 79-P-127-M for La Playa Hotel. B. Questionnaire dùted 6/4/82 concerning past and present involvement in surveying activities. xc Mr. Barksdale, Mr. No rmllO. C. Invitation dated ~/3/82 from Edwin J. Conklin to lIttenrl 6/18/82 meeting of C.A.R.L. xc Mr. Norman, Mr. Virta. D. Copy of permit for construction or other activities pursuant to Sections 161.052 or 161.053, FS, for Rubhar Enterprises, Inc., Permit No. CO-26(M). E. Letter dated 6/17/82 fr~m David J. Buchanan acknowledging receipt of a letter and Resolution No. 82-69 regarding Clam Pass Proposal heing considered under the "Save our CoastR prog~am. xc Mr. Norman, Mr. Virta. F. Summary of 6/7-8/82 meeting of the Blue Ribbon Marina Committee. Also enclosed is an agenda for the 7/7/82 meeting in Jacksonvillc. G. Summary of Blue Ribbon Marina Committee meeting for May, with a brief explanation of the co~mittee's functIon. xc Mr. Norman. Page 93 ........""..-"........""'~""".-.,.....,... .."',···._"'""."..M·""'·.-'h......~~...".._,,.,;'''~-.'''..__..,. ,."., r-ï .-....1 r.~: . 1 ---ì ..~ "''''.......,... '. :1 " July 13, 19(12 H. Copy of permit for constructIon or other activities pursuant to Sections 161.052 or 161.053, FS, for Donald J. Fieldhouse, Permit No. CO-37. I. Letter dat~d 6/1/82 from Deborðh E. Athos, Director, . Division of Beaches and Shores, regarding preparation of Erosion Control Program Budget for FY 83-84 and FY 84-85. The Erosion Control Trust Fund was established by Florida Legislature so the "Department" could carry out proper State responsibility in a comprehensive long-range, statewide plan for erosion control, beach preservation and hurricane protection. xc Mr. Norman, Mr. Virta. 11. Lettcr dated 6/29/82 from Mr. and Mrs. \.¡. 1<. Wilson regarding the FPfwL vacation petition (PI! 7/13/82) stating that they do not favor the petition unless the 15th Avenue entrance into the property is closed and buffered and the permanent entrance to the property is made from 951. xc Mr. Norman, Mr. Virta; Filed. 12. Memorandum from J~mes R. V~reen, Bureau Chief, Bureau of Explosives and Fire Equipm~nt, advising of a procedural change in the method of providing examinations for applications for all types of exùminations (fire equipment dealers and permits; explosive users, dealers, manufacturers, and blasters; and fire protection system contractors). xc Mr. Norman, Mr. Dorrill; Filed. 13. Reply from Mitchell N. Drew. State Director, U. S. Department of Agriculture, to Mr. derzon's letter of (,/4/82 regarding disposition of th~ unused portion of the FmH~ loan obligation of S2,695,000 to the County for development of sewer system improvements in Sewer Service Area "A". xc Mr. Berzon; F i 1 ed . 14. Letter dated 6/3/82 from Jeffrey W. Long, Staff Director, Medical Examiners Commission, regarding the contrllctual agreement the BCC entered into with Florida Department of Law Enforcement for supplemental state funds. xc Mr. Norman: F 11 ed . IS. Letter dated 6/15/82 from Ivor D. Groves, District Administrator, Health&- Rehabilitative Services, regarding public hearings on the budget in June. xc Mr. Normlln; Filed. 16. Letter dated 6/1/82 from Emmet r. Ferguson, Jr., M.D., President, Health Coordinating Council, regarding CS/HB 931. A list of Florida HSA's is cncloscd. xc Mr. Norman; Filed. 17. Letter datcd 6/17/82 from Harry I. Sharrott, Arcð Manager, CDBG, advising that the amcndment which provides for the . Page 94 'BOJr C69 ~.',:-539 '. < :: ~oo~ Cê9 PAGE540 July 13, 1982 addition of relocation activity is approved. xc Mr. Norman, Mr. Virta; Filed. 18. tettor dlltcd 6/28/82 from Diane and Leo Brubaker to Dr. Cox, Health Department, reqardinq their concerns about the policy th~t allo~s the owner of the 10~ ~hat bit their son to be r~sponsible for thðt dog during his quar'1ntine. xc Mr. Norman; Filed. 19. Letter dated 5/25/82 from William J. Schmitt, Comptroller, Health & Rehabilitative Services, asking for information about each co~nty's bid requirements for prospective providers or suppliers of goods lInd services. xc Mr. Norman; F 11 cd . 20. Letter dated 6/24/82 from William H. Witcomb, Assistant Chief, Bureau of Casualty and Risk, Department of Insurance and Treasurer, refcrcnce the suit by Porter H. Beach. xc Mr. Warren, Public Works; Filed. 21. Letter dated 5/25/A2 from Representative Bafalis regarding the maps designùting certain coastal areas as "undeveloped". xc Mr. Norman, Mr. Virta, Dr. Benedict; Filed. 22. Monthly record for May, 1982, from Charles Bell, Court Aide, for juveniles incarcerated. xc Filed. 23. Letter dated 6/25/82 fro~ Joseph M. O'Hara opposing the rezone request regarding Krehling Industries. (PI! 7/13/82) xc Mr. Norman, Mr. Virta; Filed. 24. Letter dated 5/27/82 froM Mr. and Mrs. E. Harvey Lenderman, Jr., stating their reasons for opposing the rezone request for Krehling Industries. (PH 7/13/82) xc Mr. Norman, Mr. Vlrtù; Filed. 25. Letter dated 6/3/82 from .Jan Parker, Chairman, LAB, with attachment regarding action taken concerning Mr. Gary Tice's absences from LAB meetings. xc Filed. 26. Letter dated 6/22/82 from WlIllace M. Graves, Jr., M.D., Chairman, ~edical Examincr1s Commission enclosing the 1981 annual rcport of the Medical Exam ':t1;¡ers Commission of the Department of Law Enforcement. xc Filed. 27. The follo~ing minutes of meetings wore received from the following Comm!ttces and/or Adviscry Board5: A. CAPC lIgenda for h/3/82 and minutes of 5/6/82; agenda for 6/17/82 and minutes for h/3/82. B. Naples City Council 5/5/82, 6/2/82, lInd 6/16/82. Page 95 -:---- I ~--. :n,..J [.. J <> . . .1uly 13,1982 C. Golden Göte FCD Advisory Committee 5/11/82 and 6/8/82. D. EMSAC 6/8/82 E. Parks and Recrelltion Advisory Board and Parks ðnd Recreation Financial Advisory Committee 4/30/82 ðnd ðgendð for 6/11/82. F. Golden Gðte Community Center 5/25/82 G. Dav id La\o-/rcncc Heal th Center, Inc. Budgct Summary for 4/30/82 and 5/31/82. H. Library Advisory Board for 4/22/82, 5/27/82, and 6/24/82. I. Isles of Capri FCD for 6/7/82. J. Marco Island Beautification ,Committee for 5/27/82, 6/9/82, 6/15/82, 6/22/82, ðnd 6/29/82. K. Ochopee FCD Advisory Comm.tf~e for 6/9/82. 28. Letter dated 6/10/82 from George F. Keller, President, Collier County Civic Fùderation, objecting to the request of a provisional us~ for a parcel of property located at Trail Blvd. and Pine Ridge Drive for ~ fire stðtion for the North Naples Firc District. (7/13/82 agcnda item) xc Mr. Norman, Mr. Vi r tð; F i I ed . 29. Letter dated 6/3/82 from MITA regðrding lIdverse water conditions from the bridge over the Marco River to the bridge ðt Smokehouse Bay, plus memo from Chairman Wimer to C. Barksdale requesting information on solutions to the drainðge problem. xc Mr. Normùn, Me. ßar!6cLl1e¡ Filed. 30. Lettcr dated 6/18/~2 from Old Naples Association supporting the proposed purchase of Naples Cay as a bellchfront park. xc Mr. Norman; Filed. 31. Letter dllted 4/26/82 from Mr. Edward H. Inman stating his objection to the purchase of Naples Cay for a public pllrk. xc ~r. Norman; Filed. 32. Copy of letter dùt~d 4/20/82 [rom Gee & Jenson to District Engineer, U.S. Army Corps of Enginecrs, re Permit No. 79-K-0282, Coral Ridge-Collier Properties, Inc. Filed. 33. Public Service Commission order ra ext~nded area servIce between Bonita Springs, Naples, Estero and Fort ~ycrs, Docket No. 780723-TP, Ordcr No. 19036. Filed. Page 96 BO~f. C69 PAGE 5+.1 "t- " " , I 10, . ' :1 r,. .:. " ., . ~" July 13, 1982 ÞOOK 069 PACfQl) 34. Pro~~tion by John A. Pistor, Commissioner, District '.ûpport of the National S.:Ife Doating Week. Filed. I, in 35. R~sponse by Shr~lff'5 Dep~rtmcnt and Engineering, with possible' solutions :,'egardlng letters received concerning traffic problems on Palm Street. xc Filed. 36. Memorandum dated 6/1/82 from State/Local OCS Program which is a summary reporting update on the program. xc Mr. Norman1 F i 1 cd . 37. Hernando County Resolution No. 82-47 and Gadsden County opposing the award of an Army ,;ontract for tllctical radio production to Tadiran/Israeli Electronics. Filed. 38. Memorandum from Jane II. Raker, Exec. Dir., D~pt. of Professional Regulation, regùrding pet owners that have petitioned for the right to self-certify the proper immunization of their pets against rabies. xc Mr. Norman1 F 11 ed . 39. Notification from the Department of R~venue advising receipt of 1982-83 budget request of County Property Appraiser. xc Mr. Giles; Filed. 40. Surface Water M~nagement P~rmit for Cocohlltchee Canal Structure from the Southw~st Florida Water Manllgement District. xc Mr. Norman; Filed. 41. Minutes of 4/23/82 meeting of the Big Cypress Basin Board received. Filed. 42. The following items were received from the Florida Department of Transportation: A. Letter dated fi/l/S? rc financial position of County's 80' portion of Secondary Trust Fund (Second Gas TlIX - 5th and 6th cent) tit 4/3/0/82 ùnd 5131/82. xc Mr. Giles, Public Wo r k 5, f 11 e d . B. Financial position as of 4/30/82 of County's Trust and Agency Funds (Bond Funds). xc Mr. Giles, Public Works1 F 11 ed . C. Metropolitan Planning Organization correspondence regarding: 1. Letter dated 5/17/82 re Citizens Advisory Committee being subject to Sunshine Law. 2. Letter d~ted ~/2/8? rc omission of certificaticn requirrment in 5/27/82 letter regarding lIudlt procedures. pag e 97 : t:::} - - h-__ 1" .J . . July 11, 1982 3. ^uthorization to e~pend up to S12,ROO funds on 1981-82 Unified Planning Work Program and stipulð- tions for e~penditures. 4. Lettcr regarding invoicing procedures. 5. Copy of executed Urban Transportation Agreement between NlIples (Collier County) MPS and Fla. Dept:. of Transportation. 6. Letter dated 5/18/82 re notification that all necessary steps have been taken and acknowledgement of receipt: of all requIred approvals. 7. Letter dated 6/16/82 containing Information regarding census infor~ation. 8. Lettcr dðted 6/24/82 re information regllrding Fiscal Management of Planning Funds. 9. Copy of Joint participation Agreement. 10. Letter dated 5/27/82 rc information on State Internal Audit Responsibilities and Fedcral Aid Highway Program Manual regarding financial ~nd compliance a ud it. D. Lettcr dated 6/16/82 from William K. Fowler regarding transfers of classified roads nnd deadline dlltc. xc Mr. Norman; Fil ed. 43. Petition from residents of Coconut River Estates against installation of gasoline pumps at 7-11 Store. xc Mr. Norman, Ms. Lðync; FHcd. 44. Lettcr dated 6/25/82 from Mr. lInd Mrs. V. W. Thompson, Sr., and letter from Mr. and Mrs. Victor W. Thompson, Jr., also objccting to the gasoline pumps at 7-11 Store. xc Filed. 45. Copy of M~morandum dated 6/7/82 from Richard W. Smith, Bureau of Wastewater Management ~nd Grants, DER, regarding Wastewater Treatment Construction Grants Fiscal Year 198: project Priority List. xc Mr. Berzon; Filed. 46. IèficiC'ncy Notice dated 5/27/82 from Dept. of HUD, reference SF 183, Letter of Credit No. 8600-0321, t',cument tlo. 21, requp.st for payment on Letter of Crcdit and Status of Funds Report was found to be deficient. xc Mr. Norman; Filed. Page 98 MOK 019 rACE543 . . , 11 .~ , . -,--"-,,.._.,.,..~---.. ..,- I; ;( Max 069 PACØo July 13, 1982 It.. 98 PETITION ~CCEPTED FROM BONIT~ SHORtS CIVIC ~SSOCI^TION R! ~CCESS ROAD BETWEEN V~NDERBILT BEACH DRIVE AND u.s. 41 County Manager Norm~n stated that he had receIved a petition from Bonita Shores Civic Association asking that an east/west road be built between Vandcrbilt Beach Drive and U.S. 41, which in necessary for good traffic patterns and an escapo route. (pctition filed with the Clerk's office) . Commissioner Wenzol moved, seconded by Commisr.\oner Brown and carried unanimously, that the petition be accepted, given to Staff to study and then report bnck to the Board. It.. 98-~ DESIGNATED POLLING PLACES - FILED FOR THE RECORD As requested by Mary Morgnn, Supervisor of Elections, the following list of polling places was accp.pted for the record. Page 99 . . r=:...::J .-' "1 ~_.~ ;"..,..,,j I iI July IJ, 1982 --THE rOLLOWING ITEMS WERE ~PPROV~D AND/OR ~DOPTED UNDER Tn! CONSE~T ~GENDA** It.. 199 PETITION T.R. 81-25C, ARTHUR MARAN, REQUESTING ~N EXTENSION TO ~ TEMPORARY PERMIT ON THE NORTH ISO', TRACT 114, UNIT 12, GOLDEN GATE ESTATES - APPROVED Commissioner Wenzel moved, seconded by Commissioner ~ruse and carried unanimously, that petition T.R. 81-25C, ~rthur Mahan, requesting an extension to a temporary pftrmit on the north ISO', Tract 114, Unit 12, Golden Gate Estates, be approved. Itea 100 PETITION T. R. 81-28C, JOSEPH MOSHOLDER, REQUESTING ~ 3 MONTH EXTENSION TO ~ TEMPORARY RESIDENCE PERMIT FOR TRACT 100, UNIT 74, GOLD!N G~TE ESTATES - APPROVED Commissioner Wenzel moved, seconded by Commissioner ~rus. and carried unanimously, tht Petition T.R. 8l-28C, Joseph Mosholder, requesting an extension to a t0mporary residence permit for Tract 100, Unit 74, Golden Gate Estates, be approved. Ite. 101 PETITION T.R. 81-3CC, THOMAS L. CUMMINGS, REQUESTING A 3 MONTH EXTENSION TO THE TEMPORARY RESIDENCE PERMIT GRANTED ON THE E~ST ISO' or TRACT 103, UNIT 97, GOLDEN GATE ESTATES - APPROVED Commissioner Wenzel moved, seconded by Commissioner Kruse and carried unanimously, that Petition T.R. 81-30C, Thomas L. Cummings, requesting a 3 month extension to the temporary residence permit granted on the east 150' of Tract 103, Unit 97, Golden Gate Estates, be approved. Page 100 eo:)( 069 rÅ~fSf9 .' :~ .: -.. I , I Itll. 102 aOOK ~ fAGf~ July 13, 1982 RESOLUTION 82-90 RE PETITION SNR-82-3-C, SUNBRELLA REALTY, INC. STREET NAME APPROVAL FOR PEPPER CIRCLE, ENTRANCE/EXIT TO PEPPERWOOD CONDOMINIUM, LELy'COLF ESTATES - ^DOPTED Commissioner Wenzel ~oved, seconded by Commissioner Kruse .nd c.rried unanimously, that Resolution 82-90 re Petition SNR-82-3-C, Sunbrella Realty, Inc., street name approval for Pepper Circle, entrance/exit to Pepperwood Condominium, Loly Colf Estate., be .dopted. Page 101 'I ,. ..·,,,,,,_,,,.<~k.,,.._..._,,._;_;____,...,,_.,~ ., July 13, 1982 Xtell 103 ~OOK lU rAcr.!SL RESOLUTION 82-91 RE PETITION SNR-82-4-C, SOUTHWIND MOBILE VILLAGE, STREET N~ME ~PPROV~L FOR BUCHANAN STREET, CLEVELAND COURT, COOLIDGE PLACE, DEWEY COURT, FILLMORE STREET, GARFIELD STREET, HALSEY COURT, HOOVER STREET, JOH~SON COURT, KENNEDY COUR'r, MCKINLEY STREET, NIMITZ STREET, PATTON STREET, PIERCE COURT, POLK PLACE, REAGAN STREET, TAFT STREET AND TRUMAN CIRCLE, LOCATED IN SOUTHWIND MOBILE VILLAGE IN SECTION 31, TOWNSHIP 49 SOUTH, RANGE 26 EAST - ADOPTED Co.-Issloner Wenzel moved, seconded by Comaiasioner ~ruse and carried unanimously, that Resolution 82-91 re Petition SNR-82-4-C, Southvind Mobile Village, street name approval for Buchanan Street, Cleveland Court, Coolidge Place, Dewey Court, Fillmore Street, Garfield Street, Halsey Court, Hoover Street, Johnson Court, ~ennedy court, McKinley Street, Nlllitz Street, Patton Street, pierce Court, Polk Place, Reagan Street, Taft Street and Truman Circle, located In Southvind Mobile Village in Section 31, Township 49 South, Rang- 26 East, be adopted. Page 102 .. . I: ..,...<".,.....,-.-- -"".- t· ~ í*..u.:J ell ----.~-~ ø ~ July 13, 19A2 It.. 104 PETITION T.R. 82-16-C, ROBIN RILt, REQUESTING A TEMPORARY RESIDENCE PERMIT TO UTILIZE A TRAVEL TRAILER DURING CONSTRUCTION OF A PRINCIPAL RESIDENCE ON THE SOUTH ISO', TRACT 6, UNIT 15, GOLDEN GATE ESTATES - APPROVED Coœmlssioner Wenzel moved, ueconð.d by Comml.sloner lruse and carried unani~ously, that petition T.R. 82-16-C, Robin Bill, reque.tln9 . te.porary re.idenc~ permit to utill~e a trav.l trailer durin9 construction of a principal residence on the south 150', Tract 6, Unit 15, Colden Gate Estates, be approved. IU. nos AGREEMENT BETWEEN FLORIDA DEPARTMENT OF VETERAN AND COMMUNITY ArFAIRS AND COLLIER COUNTY BOARD or COUNTY COMMISSIONERS RE THE MODIFICATION or THE WEATHERIZATION AGREEMENT IN THE AMOUNT OF $27,457 - APPROVED Co~mi..ioner Wenzel moved, seconded by Commissioner ~ruse and carrie~ unanimously, that the agreement between Florida Department of Veteran and Community Affairs anð Collier County Board of County Coamissioners re the modification of the Weatherization Agreement in the a~ount of $27,457, be approved and the Chairman be authori=ed to .i9n. (Original agreement $16,474 ~ $10,983 modification · $27,457). Page 103 ~oo~ 0&9 T-ACE 515 . ".. :. :1 ~ ~ ¡;;;:::j -;-.. --, ....--...... July 13, 19A2 Item 106 STATUS REPORT PRESENTED ON TnE COUNTY'S COMMUNITY DEVELOPMENT BLOCK GR^NT (CDBG) PROGRAM - ^CCEPTED Commi8sioner Wenzel moved, .econded by Commissioner Kruse and carried unanimously, that the status report presented on the Coun~y·. Community Development Block Grant (CDBG) program, be accepted. It.. 107 FIN~L ACCEPTANCE OF NORTH N^PLES INDUSTRIAL PAR~ - APPROVED. 10\ M^INTEN^NCE SECURITY IN THE AMOUNT OF $3,500 TO BE RELEASED Commission~r Pistor moved, seconded by Commissioner Kruse and carried unanimously, that final acceptance of the North Naples Industrial Park be approved and the 10\ maintenancft øecurity in the amount of $3,500, be released. Itell lOa FINAL ACCEPTANCE OF LAKEWOOD BOULEVARD BETWEEN STATION 67+13.45 ^ND D^VIS BOULEVARD - ^PPROVED. 10' MAINTENANCF SECURITY IN THE AMOUNT OF $19,703.53 BE RELEASED Commissioner Plstor moved, seconded by Commissioner Kruse and carried unanimously, thllt the final acceptance of Lakewood Boulevard between Station 67+13.45 and Davis Boulevard, be approved and the 10\ .alntenance security 1n the amount of $19,70~.53, bü released. Page 104 ~oo~ Œ9 P^Ctf11'l .,.- . / ~, .,--_.. "'_. ..".~ July 13, 1982 Itell 109 MO~ CfÐ fAC[55I FINAL ACCEPTANCE or THE DEDICATED ROADWAYS IN THE GLADES, UNIT ON! AND UNIT TWO - APPROVED. ONE-YE^R MAINTENANCE SECURITY IN THE AMOUNT OF $18,000.00 TO BE RELE~SED . Com~i8sioner pistor moved, seconded by Commisftloner ~ruse and carried unanimously, that the final acceptance of the dedicated roadway. in the Glades, Unit One and Unit Two, be approve~ and that the one-year maintenance security in the amount of $18,000.00, be released. ItelD 11 0 PETITION TO ESTABLISH ROAD IMPROVEMENT DISTRICT FOR GREENWAY ROAD - ACCEPTED. ENGINEERING DEPARTMENT TO ACQUIRE THE NEEDED RIGHT-Of-WAY AND PREPARE ^ PRELIMINARY FEASIBILITY REPORT AND COST ESTIMATE FOR FUTURE PRESENTATION TO THE BOARD Commissioner Pistor moved, seconded by Commissioner ~rU8e and carried unanimous~y, that the Board accept the petition to est3blish a road improvement district for Greenway Road and the Engineering Department dIrected to acquire the needed right-of-way and prepare a preliminary f.~sibility report and coat estimate for future presentation to the Board. Item III EXCAVATION PERMIT NO. 59.142, ESTATE OF BARRON COLLIER, JR., SECTION 34, TOWNSHIP 50 SOUTH, RANGE 26 EAST - APPROVED SUBJECT TO STIPULATIONS Commission&r pistor moved, seconded by Commi 8sioner Jl:n,ae and carried unanimously, that Excavation Permit No. 59.!42. E~tate of Barron Collier, Jr. Section 34, Township 50 South, Range 26 East, be approved subject to the following stipulationst 1. Depth of excavation is limited to elevation -14 ngvd. 2. No blasting shall be conducted unless a County Blasting Permit is obtained. 3. No off-site discharge of groundwater. 4. All applicable provisIons of Excavation Ordinance No. 80-26 shall be adhered to. Page 105 ;.1 _,.···_·_,~_.___·.'~4._.,,_. ~._ ....~ ......-,-. -, ~_J r---: ............... . ¡~ July 13, 1982 Ito. 112 . . - TERMINATION AGREEMENT BETWEEN SEABO~RD CO~ST LINE R~ILRO~D COMP~NY, rLORID~ DEPARTMENT OF TR~NSPORT~TION, ~ND COLLIER COUNTY FOR MAINTEN~NCE OF THE R~ILROAD CROSSING ON COUNTY ROAD 846 - APPROVED Commissioner pistor moved, seconde~ by Commissioner ~ruøe and carried unanimously, that the termination a9reement between Seaboard Coast Line Railroad Company, Florida Department ot Transportation, and Collier County tor maintenance ot the railroad crossin9 on County Road 846, be approved for execution. Page 106 ðDOK 0S9 rÆGfS . , l' ." :1 co July D, 19R7. Ite. 113 aoaK (fÐ PACdiÐt- P'INA.L ACCEPTAtlCt: Of' PARI( PL1.CE SUBDIVISION - APPROVED. MAINTENANCE BOND IN THE AMOUNT OF $8,4~1.19 TO BE RELEASED Commissioner Pistor moved, seconded by Commissioner Kruse and carrieð unanimously, that final acceptance of Park Place Subdivision, be approved and the Maintenance Bond in the amount of $8,421.19, be r.le.s.d. It.. 114 RESOLUTION 82-92 CORRECT1NG THE LEGAL DESCRIPTION IN nESOLUTION 81-229 RE PIN! STREET PAVING DISTRICT SPECIAL ASSESSMENT TO RANGE 25 INSTEAD or RANGE 26 - ADOPTED Commissioner pistor moved, seconded by Commissioner Kruse and carried uanimously, that Resolution 82-92 correcting the legal description in Resolution 81-229 re pine Street Paving District Special Assessment to Range 25 instead or Range 26, be adopted. Page 107 -'..,-...._-,~,_.._""'"., July 13, 19R2 It.. 115 ~o~~ ~ r^~t~ rEDER^L AID MAINT£N^NCE ACPEEMENT FOR BRIDGE NO. 034002 AND BRIDGE NO. 034004, LOCATED ON PL~NT^TION PARKWAY - APPROVED Co.-i8sioner piator moved, seconded by Co~mlssloner ~rU8e and carried unanimously, that the Federal Aid Maintenance Agreement for Bridge No. 034002 and Bridge No. 034004, located on Plantation Parkway, be approveð. Page lOa ,. ''Î ~ Ir:"J ~ r-ì ......- . ' July· 13, 19A2 It.. 116 RESOLUTION 82-93 ~UTHORIZING THE EXECUTION or ~N ~GREEMENT FOR MAINTENANCE or COUNTY BRIDGE NO. 034002 ON PLANT~TION P~R~AY. - ~DOPTEn_ Co.-i..loner pi.tor .oved, .econded by Commi..ioner ~ru.e and carried unani.ously, that Resolution 82-93 authorizing the execution of an a9r.eement for maintenance of County Bridge No. ~14002 on plantation ParkvaYç be adopted. Page 109 MDK 069 rA~t. ,. , II i! \< "::J J '~:i;; ~ ~ ~..;J . ' July 13, 1982 It.. 11 7 R!GOLUTION 82-94 ~UTHORIZING THE EXECUTION OF ~N AGREEMENT FOR MAINTEN~NCE OF COUNTY BRIDGE NO. 034004 ON PLANT~TION P~RKW~Y - ~DOPTED Commissioner piator moved, seconded by Commissioner ~rU8e and carried unanimously, that Resolution 82-93 authorizing the execution of an agr.ement for maintenance of County Bridge No. 034004 on Plantation parkway, be adopted. Page 110 ßO~~ œt fACt S"l1 . ,~ \1 :1 ,I I .. ¡;;;.;¡J ~,ê" ~ ~..~.:~ July 13, 1982 Ite:. 118 . SIDEW~LK E~SEMENT ON SOUTH COLLIER BOULEVARD FROM ALLEN G. TEN BROCK ACCEPTED ~ND RECORD~TION AUTHORIZED Co.-l..1oner Plator ~oved, seconded by Commlaeloner Kru.e and carrled unanl~ou.ly, that the aldewalk easement on south Colller Doulevard from Allen G. Ten Broek, be accepted and recordation be authorlzed. Pðge III 8D:),( C69 fAW: m " . .,.. '1 ,\ JulY 13, 1982 It.. 119 aOQ~ 069 PActS16 PRELIMINJL.RY ACCEPTANCE OF COt.LIER COUNTY PRODUCTION P.a.RJI:, PH.a.SE 1JL., DRAINJL.GEEAlEMENT JL.ND ACCEPTANCE OF THE 10\ MAINTEN.a.NCE SECURITY FROM FIDELITY AND DEPOSIT CO. OF M^RYLAND IN THE AMOUNT OF $23,000 TERMINATING 5/12/83, ACCEPTED SUBJECT TO ACCEPTANCE OF THE W^TER JL.ND SEWER SYSTEM ^ND THE REVISED PLAT BY THE UTILITIES MANAGER Coaml~sloner plntor moved, seconded by Commissioner Jl:ruse and carried unanimously, that preliminary ðcceptance of Collier County production Park, Phase lA, together with drainage easement, the acceptance of the 10' maintenance security from Fidelity and Deposit Company of Maryland in the amount of $23,000 terminating 5/12/83, be accepted subject to acceptance of the water and sewer systems and the revised plat by the Utilities Manager. Pðqe 112 J\Jly 13, 19112 lUll 120 M~ œ9 rAuB CONSTRUCTION SECURITY FOR S~NIT~RY ~ND W~~ER FACILITY FOR IMPERI~L GOLF EST~TES, PHASE III ~ND M^I~TENANCE BOND FROM FIDELITY ~ND DEPOSIT COMP~NY or MARYLAND IN THE AMOUNT OF $28,500 TERMINATING 6/8/83 - ACCEPTED. PLAT ~PPROVED FOR RECORDATION Commissioner pistor moved, seconded by Commls.ioner ~rU.e and carried unðni~ously, that the c~nstructlon security for sanitary and water facility for Imperial Golf Estates, phaøe III, and maintenance bond from Fidelity and Deposit Company of Maryland In the amount of $28,500 terminating 6/8/83 be accepted, and the plat be approved for re<::ordatlon. Item 121 BID 1574 AWARDED TO WEST COAST ELEVATOR COMP~NY FOR ELEVATOR MAINTENANCE IN THE AMOUNT OF $350 PER MONTH Lcgal noticc having been published in the Naples Daily News on May 25, 1982, as evidenced by Affidùvit of publication filed with the Clerk, bids were received for Bid 1574, for elcvator maintenance, until 2:30 p.m., June 16, 1982. Commissioner pistor moved, seconded by Commissioner ~ru.e and carried unanimously, that Bid 1574 for elevator maintenance, be awarded to We8t Coast Elevator Company in the amount of $350 per mo~th from July 1, 1982 to June 30, 1983, as recommended by the purchasing Director to be th. lowest responsible bid In the best Interest of the County, and that the Chairman be authorl:ed to sign and the Clerk to attest the resulting ðgreement. Itelll 122 BID 1573 ~WARDED TO THE SCALEMAN FOR IMMO~ALEE LANDFILL SC~LES IN THE AMOUNT or $3lf222 UPON RECEIPT OF ^ PERFORMANCE BOND Legal notice having becn published in the Naplcs Daily NewS on May 19, 1982, as evidenced by Affidnvit of publication flIed with the Clerk, bids ~erc received for Bid 1573 for II portable truck scale Page 113 - f:~ b~ . . " I July 13, 19£12 system until 2:30 p.m. Junc 16, 1982. Co.-issioner Plstor moved, seconded by Commissioner Kruse and carried unanimously, that Bid 1573 for a portable truck scale syste. be awarded to The Scaleman in the amount of $31,222, as recommended by the purchasing Director to be the lowest responsiblo bid in the best interest of the County, and that the Chairman be authorizGd to sign and the Clerk to attest the resulting agroement upon receipt of a performance bond. IU. 123 BID 1575 AWARDED TO HUNTER-KNEPSRIELD COMPANY, rOR P^R~S ~ND RECREATION DEP~RTMENT PLAYGROUND EQUIPMENT IN THE AMOUNT OF $4,631.69 Legal notice having becn published in the Naples Daily News on May 27, 1982, ðS eviden~ed by Affidavit of publication filed with the Clerk, bids were received for Bid '575, for playground equipment, until 2:30 p.m. June 23~ 1982. Commissioner pistor moved, seconded by Commissioner Kruse and carried unanimously, that Bid 1575, for playground equIpment, be awarded to Hunter-Knepshield Company in the amount of $4,631.69, as recommended by the purchasing Director to be the lowest responsible bid in the best intere~t of the County, and th~t the Chairman be authorIzed to sign and the Clerk to attest the resulting agreement. Ite. 124 UPD~TED LIBRARY ADVISORY BOARD BYLAWS - APPROVED Commissioner pistor move~, seconded by Commissioner "ruse ~nd carried unanimously, thllt the proposed updated Library Advisory Board Bylaws be approved. Page 114 ða~~ a~ TArot. " . t ¡ .J :I " July 13, 19A2 Ite. 125 BOOK 069 PAC. SOCIAL SERVICES CASES W-114 AND W-935 APPROVED. Commissioner pistor moved, seconded by Commissioner ~ruse and carried unanimously, that Social Services Cases W-114 and W-935, be approved. Ite. 126 CETA CONTRACT MODIfICATIONS APPROVED AND CHAIRMAN AUTHORIZED TO EXECUTE SAME Commissioner pistor moved, seconded by CommissIoner ~rU8. and carried unanimously, that the minor CETA contract modifications be approved and tho chairman be authorized to ~xecute S81De. Page 115 aoo~ C69 fAGtSCi.. July D, 1902 ;.) ltell 127 10' UTILITY EASr.MENT APPROVED FOR THE COUNTY WATER-SEWER DISTRICT TO INSTALL A NEW 12 INCH W^TER MAIN ^LONG THE SOUTH SIDE OF IMMOKALEE ROAD (COUNTY REGIONAL WATER SYSTEM). CHAIRMAN AUTHORIZED TO EXECUTE SAID UTILITY EASEMENT Commissioner pistor moved, seconded by Commissioner Wen~el and carried unanimously, that a 10' utility easement be approved for the County Water-Sewer District to install a ney 12 inch water main alon9 the south side of Immokalee Road (County Regional Water system), and that the Chairman, be authorized to exðcute said utility easement. page 116 ~". ....... ~ ~~ July 13, 1982 It.. 128 UTILITY EASEMENT ACCEPTED FCl THE HENDERSON CREE~ LANDING AND RECORDATION AUTHORIZED Commissioner pistor moved, seconded by Commissioner Wenzel and carried unanimously, that a utility easoment be accepted for the Benderoon Cr~ek Landing and that the recordation be authorized. Page 117 ~OD~ CØ3 fAr4l/5 ~ ...t . t , ~ II , i: . " . .. ~ July 13, 19A2 It.. 129 &o~K œ9 rACtf;fJ UTILITY E~SEMENT ~CCEPTED FOR TnE INSTALL~TION OF THE WATER METER TO SERVE L~PLAYA BE~cn ~ND R~COUET INN ~ND RECORDATION ~UTHORIZED Co..i.sioner ~istor moved, seconded by Commissioner Wenzel and carried unanimously, that the utility easement be ecceptod for the installation of the water meter to serve LePleya Beach and Racquet Inn and r~cordatlon be authorized. Page 118 ~ r'-~ ~ ~ July D, 1902 Ite. 130 UTILITY EASEMENT ACCEPTF.D FOR THE INSTALLATION or THE WATER METER TO SERVE CASA GRANDE GULFS IDE AND RECORDATION AUTHORIZED Commissioner pistor moved, seconded by Co~~issioner Wenzel and carried unanimously, that the utility easement be accepted for the installation ot the water meter to serve Cas. Grande Gulf.ide and recordation be authorized. Page 119 -. . ß..I< OG/1 po¡, ~ '11. .. ....-,.,,-.-.-....- ~J )..............,... , ,,"""".....1.,..... J .July 11, 19r2 It.. 131 CRAIRMAN AUTHORIZED TO SIGN LETTER OF NO ODJECTION ADDRESSED TO THE CITY OF EVERGLADES, STATING TII1,T IU TilE SPECIi/IC CASE REGARDING THE TRAILER PARK LOCATED ALONr. JANE SCENIC DRIVE ^ND OWNED BY MR. HAnOLD MCCLUSKEY, THAT COLLIER COUNTY H^S NO OBJECTION TO THE CITY OF EVERGLl\DES PROVIDING W^TER SERVICE TO THE PARK PROVIDED THAT THE RATES AND CH^RGES FOR SUCH WATER SERVICE SH^LL BE CONSISTENT WITR THE RATES AND CHARGES FOR COMPARABLE WATER SERVICE AS CHARGED BY THE CITY OF EVERGLADES Commissioner Pistor moved, seconded by Commissioner Wenzel and carrieð unanimously, that the Chairman be authorized to 3i9n & letter of no objection addressed to the City of Everglades, stating that In the specific case regarding the trailer park located along Jane Scenic Deive and owned by Mr. Harold McCluskey, that Collier County has no objection to the City of Evergladfts providing water service to the park provided that the rates and charges for such water service shall be consistent with the rate and charges for comparable water service as charged by the CIty of Everglades. TAPE '11,12,13, , )4 Itell 132 PETITION PU-82-17C, NORTH NAPLES FIRE CONTROL DISTRICT REQUESTING PROVISIONAL USE IN ACCORDANCE WITH SECTION 8.10 FOR A FIRE STATION ON 1.39 ACRES LOCATED ON THE NORTHEAST CORNER OF TRAIL BOULEVARD AND RIDGE DRIVE - DENIED Terry Virta, Community Development ^dministrðtor, stated that this request is for a provisional use in Dccor~ance with Section 8.10 for ð fire station on 1.39 acres located on the northellst corner of Trail Boulevard and Ridge Drive in pine nidgc. He reported that Staff and the Advisory Boards reviewed this mùttcr ünd made ð rccommendlltion of approval to the Coastal Area Planninq Commission subject to four stipulations. lie stllted that the Coast.al Area Planning Commission, based on a 3/2 vote, recommended denial. Page 120 ðO~~ 069 t'^~l615" :1 ,I , " .....'";'.._..;_....^,.."..~~,;.~ ð o,~ II ~c::, ~ ~ACt6fj July 13, 19R2 ^ttorney Pickworth stated thðt he h~s people from the fire district and consultllnts to explain why the provisional use should be granted. Jim Jones, Chief of North Nðples FIre DistrIct, stated that at present he has two fires stations; one located in Nðples Park and tho present site that is in question on Pine Ridge Road, which is proposed to be moved to Trail Boulevard and Ridge Drive because of the widening of Pine Ridge Road to facilitate II 4-lane highway. He said that the need to stay in this particulllr arca is due to response time lInd access to roadways. He said that the design of the fire station would be compatible to the surrounding Rrea. He noted that two other sites that are available are on Pine Ridge Road, East of the Moose Lodge parkIng lot, and on the north sIde of Pine Ridge Road at what used to be the railroad track. He noted that both of these lots have price tags of around $150,000 to $200,000, adding that the lot on Trail Boulevard and Ridge Drive is $62,000. He noted that another reason to stay within the area that they arc In, is,due to insurance reasons. Commissioner Pistor questioned why the station could not be moved back and, therefore, stay on the present site. Chief Joncs stated that there Is ~ ~ater retention area that borders within three feet of the present building, adding that when the road is constructed they would have to move back over the ~~ter retention area. He stated that he checked to see if the area could be filled in and if It could be granted, the cost would be between $80-120,000. Commissioner Kruse questioned if this was the site that Chief Page 121 . . . . . :. ..' _<..·.,·..~,·'-·'''·,_~H_ ............,., ~I ~ (Z. ;.;:). . . ~~ " July 13, 1982 Jones felt should be the site for the proposed firo station because of fire protection reasons, to which he rcplied affirmatively. Dr. Neno Spagna stated that he reviewed the site and all the goals in the Comprehensive Plan, as well as the policIes and objectives, adding that there WllS not one oingle thing in conflIct with this ·location. He stated all requirements have been met to grant the provisionðl use. Mr. Fred Stark, Bureau Chief, Bureau Fire Standards and Training in Ocala, DivIsion of State Fire Marshal, stated thðt he was contacted in June by Chief Jones in rcgard to a relocation of the fire station. He stated that he was given four sItes to check. He reported thðt a risk factor, traffic, mileðge and response time are all taken into consideration in selecting II site. He noted thllt the one on Vanderbilt Roðd was out of the question because of res'ponse tIme. He stðted that any delay is crucilll, adding that it is his considered opinIon that Ridge Drive Is the location for the fire station. ~~ noted that it was the most expeditious location regarding traffic response. He stated the problem is not addressed as an economic problem, adding that the way a problem is addressed is sImply by response time. Chief Jones indentified the exhibits which were used before the Planning Commission. He referred to the Exhibits indicating thllt Exhibit 3 shows the boundaries of the North Naples Fire Control District; Exhibit 4 shows the lands around the present location of the firehouse and tho proposed loclltion: Exhibit 1 shows the proposed site of Ridge Drive and Trail Boulevard; and Exhibit 2 shows the proposcd fire station design. Page 122 '\ (. .1 : MO~ 069 rAcl.617 ,. 'I' i ¡ I j I .. ,.' ..,,,,.---_. ,-.-"""..-.,'..-......"'...-,"......"....,-. Pðge 123;,j~ ~'~.::'~ ~.r, 'Ü~'I A~ , ,,~~ '..;1t," a.:-~~ /~I"~ ,. J~ ,',~ .;~~~ .....\t.; ,/ ~O!)( œ9 fACt61Ø July 13, 1982 ^ttorney Pickworth stated thnt there h~s b~én ð lot of conversation reg~rding propcrty values, addIng that Mr. Ernio Carroll WllS engaged to sho~ results regarding this matter. Mr. Ernie Carroll, ncaltor and Real Estate Appraisal connected with John R. Wood Realtor, stated that, after an investigation and going ovcr blueprints and the proposed sketches of the fire station, it was determined that it would not materIally affect the value of property. He stated that four out of five fire stations in the area are in residential areas. He reported ' that he talked with people that lived near fire stations in a residential area and people that had sold property within the same area, adding that the response was unanimous in favor of a fIre station in a residential area, further adding that noise is not a problem, but security of a fire station in the area is a comfort. Attorney Pickworth stated that the results of the survey by Mr. Carroll lire to be entered into the record, to which ^ttorney Fletcher noted his objection. Mr. John Fletcher, representing Mr. Robert Tuyls and Mr. Jim Haynes, property owners in the vIcinity of the proposed locaticn of the fire station, stated that this fire station is a public meeting hall for civic associations, a training area and a 30 spot parking lot, adding that only 10 parking spots are needed for those that work in the fire station. He stated that the applIcation is under the zoning code as a provisional use, adding that In residential areas provisional uses are for essential services but a meeting hall for II civic assocIation is not an essential service. He stated thllt the legislature ,wanted ~ .. . } '.-." " ,j --""·"'_·"""'__'~"",·'-.··_"~..""""",,,,,o . w¡¡¡¡j ¡t.1Íùi k'iiìfìli) ~ . . " July 13, 191'12 this particular fire station on Pine Ridge Road and it cannot b. movød until the legislaturo changes Chapter 61-2032 which W3S amended under Chapter 75-359 by a Special Act. He referred to Mr. Carroll's analysis, adding that it was less than sophisticated. Ho referred to a transcript botween him ond Chief Jones indicating the use of thQ fire station as being also used for the civic association meetings which is why 30 parking splices were needed. He stated that, during the Coastal Area Planning Commission meeting he had three IndivIduals that were qualified to give reðl estate opinions in the State of Florida, adding that the opinion was that his clients property would be lowered in value because of the proposed fire station. lie reviewed the criteria that the Coastal Area Planning Commission had to review before the provisional use could be recommended for denial. Commissioner Wenzel stated thllt thero seems to be an issue regarding using the fire station as a place to hold meetings, adding .. that he believes that the fire station belongs to the people a~d he does not see any rell50n why the people cannot use it for meetings. Mr~ Fletcher stated that he agreed os long as the fire station 15 placed in the appr~priate zonIng, like Commercilll. Mr. Fletcher questioned Mr. Stark as to who presented him with the proposed sites that were analyzed and wherc they were located, to which Mr. Stark replied that Chief Jones gave him two proposed sites on pine RIdge Road. Mr. Fletcher questioned if these sites were unacceptable, to which Mr. Stark stated thllt the sites were not unacceptable, they were not the sites with the most expeditious response. Mr. Fletcher questIoned if the site on Ridge DrIve was the best site from a fire II Page 124 ~oo~ oa P^C(6j9 .. ,i II I . .' Ma~ a;g rACf6Z0 fighting point of view, to which Mr. Stark stated that this was the July 13, 1982 best sito from r(!spon~e point of vIew. Be stated that he was asked to deliver a site ba~ed upon four proposed sites that was the most expeditious regarding rcsponse time. Mr. Fletcher questioned if the Ridge DrIve site was not lIvDilable would the Pino Ridgo Road ~lt. be acceptable? Mr. Stùrk replied that Pine Ridge Road would hllve to be acceptable if RIdge Drive was not avail~ble. Mr. Stllrk stated that he had two years of fire reports that wcre analyzed, stating that the only consideration was response time and demand zones and Ridge Drive would be the appropriate location. *****At 5:00 P.M. Deputy Clerk Kenyon was replllced by Deputy Clerk Skinner*..** Mr. Fletcher stated that the North Naples Fire District indIcated to the CAPC thllt the site they wanted to buy for the stlltion and the ðdditional facilities cost $65,000 and that they should buy the . proposed site instead of lIn already zoned site that would cost $200,000.00. He said that he suggested to the CAPC that was not some- thing thllt should be considered. He said that instelld of making money, in this case, the subject is saving tax dollllrs but that in saving the tax dollars of everyone in their district to provide everyone wIth a fire station and the administrative offices of the districts, that everyone in that district is going to benefIt from the fIre station and any civic association who wants to use it will be lIble to use it. Therefore, he sllid that everyone should share in the cost, adding that the cost should not be put on the back of his clIents who own single family property abutting these t~o sites. He said that his clients' property values will go down to save every other taxpayer a few Page 125 -... .... '~"~' : '$' . ~.;;~ .~~,.".~,,: . ,~. ..' . ;'f . .¡;.,....ì. ...~.. ;:?¡I iio," ~ t:::J . . ~ . . ,f " July IJ, 1982 dollars. He contended that the site should not be ðpproved under any circumstance because It vIolates the zoning code to put in tho civic group, and the adminintrative offices of the fire district with all of their meeting rooms and that it vIolates the Spccial ^cts and Deed Restriction on that particular piece of property. He concluded by stating that the current North Naples Fire Station site on pine Ridge Road is being taken from the District by Eminent Domain, with total damagcs to the remllinder, for which they are going to be compensated $200,000. He suggested thðt the District take that money and buy a 'replacement site with it. At Mr. Fletcher's request, Mr. Robert J. Tuyls and Mr. Jim HlIynes indicated, on a mllp, on the overhend board, the location of the proposed fire stlltion site in relation to their homes. Responding to Mr. Fletcher, they stated thllt they believcd the reloclltion would diminish their property value substantially. Mr. Fletcher concluded by requesting the Commissioners to consider to whom the benefit of this proposal of the fire station, meeting hall, training facilities, and administrative offices for the entire Fire District, would flow, adding that, if approved, this proposal would benefit everyone in the District and that everyone in the District should bear the cost. Commissioner Wenzel asked Mr. pickworth if the land in the previ- ously indicated striped commerciðl area w~s available, to which Mr. Pickworth explained that all that area is currcntly occupied. Chairman Wimer asked for clðrification becðuse hþ. understood that the corner lot was vacant, to which Chief Jones said that lot has not been built upon but that is not available. Responding to Commissioner Wenzel's ques- Page 126 DO OK CS9 P^Cø .. I ! r I I j I, .. ... 04 I"Ltj ~M July 13, 1982 ~aaK ~ P"Cl~ tion regarding how the sum of $200,000 came about, Mr. Jones explained that figure was for a lot on Ridge Drive. Mr. pickworth pointed out that the Firo Dist~ict dop.s not have condemnation power and, therefore, must obtain land that someone Is wIlling to sell. Commissioner Kruse asked Mr. Fletcher for clarification regarding his objection to the proposal bccause of the possibility that the proposed Fire Station may also be used as a community center, adding that she fclt that was a separate issue comparing it to what occurs when a requQst for a provisional use for II church appears befor9 the BCC. She said that a church's primary use is as a church but that bingo may be played during the week, even though the Board does not pcrmit the church as a bingo parlor. She requested that, if Mr. Fletcher has objections to other activities going on in the station, that issue should be kept separllte from whether or not the proposal is a fire station. Mr. Fletchcr rcferred to Chief Jones' testimony that, for fire station purposes only, ten parking spaces are needed lInd that the meeting hall is solely for the bcnefit of the North Naples Civic Association, adding that hc agrees with Commissioner Wenzel that it should be for the benefit of everyone else. Commissioner Kruse requested Mr. Fletcher to state if his primary objections, in order, are to the firc station, the meeting hall, or to the parking places, and Mr. Fletcher responded that his objections are to the proposal as it is presented, adding that thcre are not three proposals. He said he objects first to the parkings places, secondly to the meeting room, and added that, if the District prcsented a rational fire station use, he would have to look at it because he would have to give legal advice, Page 127 :i ,,., -'-'_'~""""'~"'_.""""~.~.".>,,., "~"'- ~ ~-,~ '~'. ~'~¡J . . July 13, 19R? since, if such ð fire st~tion compliod with the Code and met all the requirements, he would have to tell his clients that. He said that if the District wanted to amend their application and said that only a fire station was being requested, that would exclude their adminstra- tlve offIces, meetIng hall, etc. CommissIoner Pistor asked Chief Jone~ how many fircmen are o~ his total staff to which Mr. Jones stllted 21, adding that, if he had a ~ajor fire and his off-duty fircmen hlld to be,clIlled, part of those firemen would come from the Naples Park Firo Station so there would be a maximum of 15 fIremen who could respond plus approximately 10 volun- teers. Responding to Chairman Wimer, Mr. Fletcher said that he had made his presentation and had no further questions and Mr. pickworth said that, except for the use of the North Naples Civic Association of the fire station, the entirc facility is being used for fIre purposes and that the communIty room is the training room for tho firefighters. He contended that there is an aVðl1able room, addIng it was his under- standing that Mr. Jones testified before the CAPC thllt the room is used by the aforementioned Association six to eight times a year. He caid he would not Jike to see the District placed in a position where that DistrIct had to "get rid of the Civic ^ssociation" in order to hllve the station, addIng the organization is not a burden on anyone. ****Commissioner Wenzel left the room at 5:20 P.M.···· Attorney L. N. Ingrùm, representing Mr. Tuyls, said that he was disturbed that the North N~ples Firo Control District has not considered all of the properties that ðrc availllblc, such as Page 128 M~K œ rA~l6Z3 r- ... ,. ~ ..:i;~l '.;í"~J :'~; ';~ .~,~,~~ . ;~ f~:'-( 1~. ,1;}~1 .:.'.'.~."~' .. !....... :.... '. '><.f,h "~"", . . '.'.~ . '"If ....."~----""-,,,""",. "."(~-- If "" July 13, 1982 &001( œ9 rAtlø property on Seagate Drive currcntly zoned commercial, or commercial proporty in Pelican Bay, lidding those propcrties could be utilized withou~ imposing a hardship on lInyone. ....Commissioner Wenzel returned at 5:22 P.M.····· Mr. Henry W. Maxant, President of pine Ridge CivIc Assoc- iation, stllted he spoke for th~ unanimous view of the nine diroctors of his orgllnizðtion and for 180 residents of Pine Ridge who sent him written authoriz&tions to repreRent their vIews on this issue. He described the manner in which a letter was sent by the aforementioned Association to area residents early in March 1982 calling attention to the problem of relocating the fire station, and that 172 persons, or about 96\ of the 180 total responses, expressed opposition to the proposed construction of the fire station in a residential area of the Pine Ridge; that 6 persons, or about 3\, were in favor of the proposal, and that 2 persons, about 1\, expressed th~mselves as being neutral. '142 Mr. Maxllnt suggested that the Fire Commissioners appoint an Ad Hoc Site Selection Committee to recommend a minium of three sites for the relocation of the fire station. He filed the previously mentioned proxies for the record. ....Commissionor Brown left the room at 5:3~ P.M.···· Page 129 .' . ~)_. ~~ ~iiJ ~~~4U . . .' .July 13, 1982 Responding to Commissioner Wenzol, Mr l1aynes sl!id thnt he had other nearby places and the response time should be because the proposed location would hinder response time another area. ..'.Commir.sioncr Brown returned at 5:43 P.M.···· The following 5poke in opposition to the petition: Mr. ;Im Parker Mr. John Vcnekllmp Ms. Tuck Maves Mr. Frank pettengill, Secretary/Treasurer of the·North Naples Fire Control District, stated that the meeting hall/training room Is primarily for the f.ire commissioners and the public attending those meetings and that the pllrking spaces are also for those persons. lie said that the North Naples Civic Association meetings have approximately twelve people who attend with the maximum being twenty. He said that the search for ð site hlls continued for two years and that no information hlls been rcceived by his organi- zation for aTlY other piece of property. Responding to Commis- sionor Wenzel, Mr. pettengill said that the best site for tho new ~tation is on the corner; however, it is reserved and that no other sites were found. Mr. Ingram objected to Mr. pettingill's testimony, since he was speaking on behalf of the North N~ples Fire Control District, Pago 130 ."t" ø ." ,.:, . &OOK 0i9 rAClØ .. ... . I ÌI' \,1 " t" X,; '>":~;~ij ::f¡'}' . U~~ "j ";?i .:,i'~~i' f·:··,Î"-',.- , " ,;~~.t '. :~'·,:t~,t _."'_-.."'..'~,~_ K_..... t!P " &001( œ rAClø July 13, 191\2 and requested pcrmission to ask him questions; however, Chairman WImer noted Mr. Ingram's objections and declined that request. Responding to.ð question by Commissioner Brown, Attorney Saunders said that the motion should be to either approve the provisional use or to deny same. CommIssIoner Brown moved, seconded by CommIssIoner ~ru8e, that the provIsional use be approved and upon roll call vote, the vote vas as follows, Commi8sioner Brown Yes Commissioner Kruse Yes Commissioner Wenzel No CommIssioner piator No Chairman Wimer No . * * . . * There being no further business to come before the Board the meeting WðS adjourned by ordcr of the Chair at 5:56 P.M. BO^RD OF COUNTY COMMISSIONERS/BOARD OF ZONING APPEALS AND EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL c.c£W!tt.¿~ /¿J, /??..z.. as Page 131 ;1 It