BCC Minutes 12/09/1980 R
Naples, Florida, December 9, 1980
LET IT BE REMEMBERED, that the Board of County Commissioners in
and for the C0unty of Collier, and ~lso acting as the Governing Board(s)
of such special districts as have been created according to law and having
conducted business herein, met on this date at g:OO A.M. in Regular
Session in Building "F" of the Courthouse Complex with the following
members present:
CHAIRMAN: John A. Pistor
VI CE CHAI RNAN: Cl i fford Wenzel
C. R. "Ru~s" Hir.:cr
Mary-Frances Kruse
David C. Brown
ALSO PRESENT: William J. Reagan, Clerk; lIarold l. lIall, Chief
Deputy Clerk/Fiscal Officer; Edna Brenneman and Elinor Skinner (2:30 P.M.),
Deputy Clerk~; C. ~illiam Norman, County Manager; Donald A. Pickworth,
County Attorney; Irving Berzon, Utilities Division Director; Clifford
BlIrh.uale, Publ ic \4ork~ lidrninistrator/Engineer: Terry Virta, COfiTiiun1ty
Development Administrator; Thomas lIafner, Public Safety Administrator;
Lee Layne. Planner; Richard lIenderlong, Planner; Grace Spaulding,
Administrative Aide to the Goard; and, Deputy Chief Raymond Barnett,
Sheriff's Department.
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It-at/on Jr.110tClt 1',(CIIIIJ t:'II1(. will'Vl~ l~(~(lli(!II(cd to va cldJ(!J i.v ,,,j I1rJc,:da
att7Inlw(j't.llllino ullde J' /1~l'Pl'QI'(1 L or lI(1r:/ldall.
BOI\RD OF COUNTY COMI11SSIOIIERS 05
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AGENDA
December 9, 19BO
NOTICE: ALL PERSONS SPEAKIIIG ON ANY AGENDA ITEM MUST REGISTER
PRIOR TO TilE ITEI1 BEING IIEARD.
REQUESTS TO ADDRESS TilE BOARD ON SUBJECTS WIIICII ARE NOT
ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLA-
NATION TO TilE COUNTY MANAGER AT LEAST l3 DAYS PRIOR TO
THE DATE OF THE MEETIIIG AND WILL BE HEARD UNDER "PUBLIC
PETITIOIIS" AT 11 :00 A.M.
ANY PERSOII WHO DECIDES TO APPEAL A OECISIOII OF TillS BOARD
WII.L IIEED A RECORD OF TilE PKOCEEDIIIGS PERTldlllllG THERETO,
AND TIIEREFDRE MAY IIEEO TO ENSURE TIIAT A VERBATIM RECORD
OF TilE PROCEEDIIIGS, IS 11/,OE, "HICII RECORD IIICLUDES THE
TESTIMOIH IdlD EVIDElICE UPOII \IIIICII THE APPEAL IS TO BE 'ASEO.
1. INI'OCATIOII
2. PLEDGE OF ALLEGIAIICE
3. APPROVAL OF AGE~DA
4. APPROVAL OF M)~UTES
5. PROCLAMATIOII AIID PRESEIITATION OF AWARDS
^. Naples ^rca Chandler of Commerce Presentation to the Board,
of works of (lrt fror.] the "Sumnlcr of '80" Fine Arts Festival.
6. SOCIAL SERVICES
7. ADVERTISED punl.lC IIEARlilGS
A. Petition nD-DD-ll-C. Collier Marine representing Bonny
$010n10n: rcqllcsting boat dock apP,'oval on Lots 442,
443 ,nd ~'H. 110. 2, Isles of Capri Subdivision. (Community
Development)
B. Petition BD-00-l2-C. Tony Fe/'l,,,o, represented by Collier
Marine: reQuesting bo.t dock 'pproval for Lot 16, Glock E,
Unit 2, Little lIickory Shores. (Community Development)
C. Petition CP-00-17-C, Deltona Corpor.tion: requesting a
comprC'llcllsivc pltln lund use amendment for liork. Study ^rc~
14 fronl recI-cation opcn SpJCC and institutional to commercial
on tIle corner of El~canl Circle Jnd !lortll Call ier DOl/lcvard.
(Community Development) (Tllis is a comp.nlon petition to
R-BO-35C)
O. P~titiDn R-00-35-C, Tho Deltona Corporation: r~qu~stlng
r~zoning from "NS-4" stnnl~ family to "GRC' G.n~r~l N~tall
COnul1c'I"cL,l ('Ill Tl'ilClS "R-^" ~Ild lOR-II", H~rco Oc.,ch Uni\, il.
loc.tod un tile northwo~t corner of Elkcam Circle and Collier
nOuln,,'t'd. (Cnll'"111111ly Il~velop",ent) (Thls Is ~ cO"'I'~nion
petitlnn to cp-nO-ll-C)
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Agendo
Page 2
DecclIIlJer 9, 1 9BD
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E. Petition FDPD-80-V-17, Williom J. Ryan: requesting
approvol of variance from the minimum bose flood elevation
required by {he Flood Domoge Prcvention Ordinonce on
property located at 853 West Valley Drive, Gonito Shores
SulJdivision. (Plonning)
F. Pctition NZ-8D-l8C, Pelican Bay: requesting on amcndment
to the Pelicon Boy Site PIon by relocoting the neighborhood
commercial area ond Group 1 & 2 areas (single family and
attached single family areos) and relocating Gulf Park
Orive. (Community Development)
G. Petition NZ-8D-l9-C, Boord of County Commissioners,
requesting: an amendment to Section 24, PUD-Planned
Unit Developmont Section of Zoning Ordinance 76-30, by
.dding language making the Entry Level Rental Housing
Section ineffective until Apri iI, 19B2. (Community
Development)
II. Petition R-BD-36-C. County Planning Department Annual
Rcview of the follnwing properties: rezoning from MHSD
to IHI-lA of Lots l-lO Cre"ls Suhdivision located at the
east end of Lunar Street off Kelly Road and adjustment
of an "ST" area located SOtJth of Glades Boulevard and
NE of ~ill Gallrnan Pontiac. (CGrnmunity Development)
B. OLD [!USIIIESS
9. COUIITY MANAGER
A. COUNTY MANAGER
(1) Rccomnlrne!ation for approval 'of amended Travel Expense
Resolution.
B. COMMUNITY DEVELOPMEIIT
(1) Petition PlI-80-l4-C, Al Fayard represented by Sergio
Montes: requesting provisional use (2) of the
^~ricultlll.C District for cartll nlinin~ and excavation
for J,rorCr"ty lOCJtcd at tIle nOI-th cn~ of Rigas Road.
(This is a componion petition to Item 9D(1).
(2) Resolution to recover fund~ cxpcndrd 1)1 the County
to abate a puhlic nnisonce (weeds and vegetotion)
on Lot lO, Glock l2l, Uilit 4, Marco lolond.
(3) Petition C-BO-3-C, Collier County Agricultural Fair
and Exposition, Inc.: requesting a permit to ~on~uct
the Annual Collier Counly r"i...
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December 9, 1980
BOOK 058 PAGE 123
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C, PUOLIC SAFETY
(1 )
Request by Or. J~mes W. Gover, DDS, to obtain a
conce~led ristol permit.
(2 )
Signing of Eligibll ity Application for Public Agencies
Feder~l Surplus Property Utilization Program Form.
D. PUOLIC WORKS
(1) Recommend~tjon for deni~l of Exc~vation Permit
Application No. 59.115, Al Fayard, Sr.--Section 8.
T51S, R27E. (This is a comp~nion petition to Item 90(1).
(2) Rccomn,end,1tion to ~ccept property dedicated to
Co1l ier County by Cardamar, Incorporated for road
construction purposes.
(3) Recommendation to approve lease agreements with the
City of lIaples Airport Authority for the Naples MVI
and Transfer Stations.
(4) Recommendation to approve agreement to exchange lots
as rig /I t - 0 f - \./ ,1 Y a c '1 u i s it ion for G I' a n a d a Co u 1 c val' d
Connection to Goodletle-Frank Road a~d accept said
right-of-way.
(5) Recommendation to approve and execute agreement~ to
provide material testin~ s~r.ices and ~pprove purchase
of nuclear dnn<ityjmoisture meter.
(6) Recommendation to approve ~greement with Mary Folan
to purc/l"se lilnd for Pub1 i~ Railroad Terminal.
10. DATA PROCESSING MAIIAGER'S REPORT
11. UTILITIES MANAGER'S REPORT
A. COUNTY WATER-SEWER DISTRICT
(1 )
Arca "AU - 201 Step 11 Application (Expansion of
Sewage Treatment F~cilities)
(2 )
Exransion of Sew~ge Trcatment Plant Facilities;
Glades, Inc. .
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Deccmber 9, , gOO
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D. MARCO WATER AND SEWER DISTRICT
(1) Marco Sewcr Phasc I, Construction - Change Ordcr No.1;
Pipc Line Material Substitution.
(2) Marco Sewcrs Phasc I, Construction - Resolution
authorizing condemnation of Lift Station Sites.
(3) Marco Sewer Phase I, Construction - Authorization
to do video toping of thc existing conditions.
12. COUNTY ATTORIIEY'S REPORT
A. Furt}ler cO/1$idaratiorl of omergancy ordinal1CO 1'0. requirement
for nnwage diapo8aZ facilitios an condition of buitdin~
pprmit. innuar1ca.
13. CLERK TO TilE BOARD'S RE~CRT
A. Paymcnt of bills
n. Oudgct amcndll\cnts
C. Othcr
1 ~. BOMl~L_C~~Y_ COI:I::LS_S I OII[H.5_
A. OffieR nl1ncn fOl' Stata SerlatorD.
15. M J_~ C ~ 1l ~~~~:~QRfl [S rO!~O[ tl CE
16. NEW HUSINESS
17. PUBLJ.~.i.uITIONS
18. ADJOURN
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December 9, 1980
~GENDA - APPROVED. AS REVISED, WITI! ADDITIONS/DELETION
Commissioner Wimer moved, seconded by Commissioner Wenzel
and unanimously carried, that the agenda, as revised, be approved
with the following additions and deletion.
1. Expansion of Sewage Treatment Plant Facilities re
Glades, Inc. - Continued until December 16, 1980.
(Utilities Manager's Report)
2. Request by Attorney Vega to address the Board
reQarding ~~ples Cay property - Added under Public
Petitions.
3. Discussion of proposed Bill for banning no-deposit,
no-return beverage contal~ers throughout the State -
Added to Board of County COC"_cUssioners' Report.
MIJ{l.J:r:F..s_j)LMF~UJr,y OF NOVnmroR 4. 1980 - APPROVED
Commissioner Wimer moved, seconded ty Commissioner Wenzel
and unanimously cGrried, that the minutes of the meeting of
November 4, 1980 be npproved as presented.
CHAIRMJ\N AUTiIOR; ZED TO SIC'! IJECESSfd,y DOCUr~ENTS FOR ACCEPTN1CE
OF WORKS OF tdn Fhem TilE "SUI.U~EH OF '80" FINE ARTS FESTIVAL;
lIPPROPRIATlO;; IN 1'111: N.\OV"T OF $752.69 FOR EXPENSES INCURRF:D -
!lE.L1< OV LD_____________
COllnty Mana~lcr C. Willinrn Normnn cxpl~incd that, ns port
of the Summer of '80 Fine Arts Festival, the Fine Arts Comml tt(".
of the Naple:; ,\rea Chamber of Conunerce purchased nnd donated to
the County and the City of Naples various works of art. He Sal(~
thut, in order for the County to accept title to the art object:;,
it is necessary for the Board to authorize the Chairman to siQ"
appropriate dOCllmcnts and, nlso, to appropriate funds to cover
tho final bills for movinQ costs ns part of the County's
contribution.
HcpreBenting the Naples Area Chamber of Conuncrce, Mr. Claude
Haineo was present to express the Chamber's appreciation to the
County for support of the Festival and stated that without such
oupport the venture would not have been deemed successful.
December 9. 1980
Commissioner Wimer moved, seconded by Commissioner Brown
and unanimously carried, that the above-referenced appropriation.
in the amount of $752.69. be authorized.
Commissioner Wimer moved. seconded by Commissioner Brown
end unanimously carried, that the chairman be authorized to
siqn the appropriate documents pertaininq to the followinq art
objects.
1. Ank-Her-Three - by Chestor Willi~~
2. Key Island - by Melissa Berry
3. Jazz - by Bernard Salander
Mr. Norman voiced his appreciation to the Chamber of
Commerce for enrichinQ the life of the community in this manner.
and also to the Museum Director Mary Manion for her assistance
in servinQ as his representetive to the Committee meetinQs. and
the like. Chairman Pis tor also acknowledqed the assistance of
Commissioner Wimer on the project.
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Decembor 9, 1980
RESOLUTION 80-274 RE PETITION DD-80-11C, COLLIER MARINE
REPRESENTING DENNY SOLOMON, REQUESTING DOAT DOCK APPROVAL
9N LOTS 442, 443 AND 444. NO, 2, ISLES OF CAPR~ SUDDIVISION - ADOPTEQ
Leoal notice havino been published in the Marco Island
Eaole on November 20, 1980 as evidenced by Affidavit of
Publicstion filed with the Clerk, public hearino was opened
to consider Petition DD-80-11C, filed by Collier Marine,
representino Denny Solomon, requostino a Boat DOCK approval
on Lots 442,443 and 444, No.2, Isles of Capri Subdivision.
Planner Lee Layne explained that the petitioner wishes
to construct a boat dOCK exlendino 6S feot into Johnson Day,
the lenoth ocino 4S [eet over the allowed lenoth of a dOCK
without Board approvol. The recommendation from the CAPC,
soid Ms. Loyne, i5 for approval which is olso the staff
reco~nendotion. To identify the location of the dOCK. Ms.
Loyne submitted three pictures, D.B presented durinQ the CAPe
pubH c heo ri no.
There beino no persons to spenk on tho subjoct, Commissioner
Wimer moved. ficcondcd by CommlsAloncr Drown nnd unllnimously
carried, tllat tIle publiC hearine be closed.
In response to Chairmnn Pistor's concern over whether or
not the boat dock will extend out far cnouQh to interfere with
boat traffic, Ms. Layne said that it will only stretch out far
onouQh to avoid the mud DrOD. - otherwise tho area would hava
to be dredoed.
Commissioner Wimer movcu, seconded by Commlos1oncr Drown
and unanimously corried, that Resolution 80-274 re Petition
BD-80-11e be adopted.
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Docember 9, 1980
1. Dr. Charles O. Sah10r - Marco Island resident and
member of tho Marco Hospital Committee.
)'unong the reasons expressed for supporting the "swap"
were the fact that the exchange is ono way to acquire
sufficient land for an eventual hospital on Marco
Island at almost no cost to the hospital.
2. Joseph Oliver - Chairman of the Board of Trustees,
Nnp1es Community Hospi tal.
Voiced support for the site being proposed as being
the most desirable location for a satellite hospital
on Marco Island, which was the original intent for
che parcel.
3. Dr. Louis Nightingale - Chairman of the Marco Island
Sntel1ite 1I0spital Steering Committee.
Provided information on th~ type of hospital being
con6idcred. approximate timetable for obtaining
Certificate of Need, which is required, the abundance
of pnrksite6 on the Island with insufficient funds
for development. nnd expre6sed urqency for i1cquirinq
npproprinte site, as contemplated.
4. Ms. .Jane lIittler, ropre6entinq the Marco Women'6 Club,
as well as other orqanizations.
Suggested thnt the current site for a park is not the
optimum aren for a park due to the commercial 86pectc.
of the parcel and voiced support for the hospital drIve
and "to qet the ball rol1inq" as soon as possible.
5. Ms. June Norri6 Auqust - five-year resident of Marco
Island and active in many civic and community affairs.
Statpd her beliof that it would be in tht> ht>~t interpst
of the conmwnity if the proposed rezonina is approved
so that the community could have a satellite non-
profit facility and that approval would facilitate an
early beqinning.
The follOWing persons spoke in opposition to the petition
under consideration:
1. Thomas Rnrnard - repre6entinq individual property Owners
who have purchl1scd homes in the vicinity of tho pre,,,,nt
park/government site.
Ob6erved that the proposed change would adversely
affect not only the purchasers' invcatment but also
their livability. 110 also voiced concern over the
tremendous windfall profit to tho developer because
of the rezoning to commorcia1 property, if approved.
2. I. E. Evans - Marco Island Taxpayers ASSOCiation.
Objected to trading a dosirab1e parcel for proporty
worth 1/3 its value and which will doublo in value
if rezoned to "GRC". Also stated that thero is no
noed to acquire title to tho hospital site at tho
present time, commentinQ that rezoninQ tho property
December 9, 1980
will not aSSure a hospital for the Island. He said
that the transaction undar discussion is not in the
best interests of the people of Marco Island or of
the County.
3. Albert Tripp - President of the Marco Island Taxpayers
Association.
Felt that the developer should honor the present
commitments regarding the park/government area so
that the residents may enjoy a park until such time,
if ever, a hospital is permitted on Marco Island.
Suggested a better site for such facility might be
in the area of US, 41 and SR 95l.
At the request of Mr. Tripp, a letter from Marvin Needles,
Past President of the realtors group on Marco Island was read
into the record by Chairman Pistor. Mr. Leonard Llewelyn,
current President of the Board of Realtors, stated that tho
opinions set forth in the subject letter are not opinions of
the Board of Realt0rs and said that he disagrees with the
porsonal opinionF. contained in the letter.
Other persons registered to speak in opposition to the
proposal, but declining the opportunity, were as follows:
1. c. A. Outz
2. Dolores Ehlen
3. Sally J. Dutz
4. Gladys Schultz
Ms. Avis Dour, resident ot Marco Island Sllle..:", 1972. pointL0.
out that the Woman's Club on Marco Island, consisting of 350
members, donated a sizable amount of money for dopos' ~ to the
hospital fund and are making additional contributions to the
fund. She suggested that if the matter under discussion was
put to a vote of the residents there would be an overwhelming
vote for the rezoning, with the additional comment that, in
her opinion, Borne of the positions being taken have nothing
to do with parks, and the like, but rather have to do with
the matter of incorporation of the community. She urged the
Board to approve the rezoning being requested.
During the discussions, Commissioner Wenzel addressed
the referenccs modo regarding the difference in values of the
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December 9, 1980
properties ond suqqested that maybe some eppraisals should have
been provided.. Chairman Pie tor said that the explanation he
received from Property Appraiser was thet the parcel that is
dosiqnated as the hospital site wes not assessed at the seme
market value es it miqht have been becauso of tho desiqnation.
The other two piecos of property, continued the Chairman, have
not boon on the tax rolls for several years because of the
possibility of the land beinq qiven to the County. Concorninq
the sale of the hospital site, it was pointed out by Mr. Evans
that it 1s hiD undcrstonding that there 15 a purchase agreement
but not an actual sale as yet. Mr. Evans emphasized that the
property is at this point restricted to a hospital site for
which Q permit cannot be obtained and, therefore, ~as no
commercial value. However, he continued, l,f the "swap" 1S
made and rezoned to "GRC" the property becomes extremely valuable.
County Attorney pickworth explained that the fact that,
a1thouqh the subject property is desiqnated as a hospital site,
it aoes not mean that tho 20n1n9 cannot be chanQed to a different
use. He said that the zoning cannot bo "frozen" merely because
the~e is no current mnrkct for a hospital si~o.
All proponents and opponents having been heard, Commissioner
Wenzel moved, seconded by Commissioner Drown nnd unanimously
carried, thnt the public henrinQ be closed.
Commissioner Wimer moved, seconded by Commissioner Brown,
that Ordinance. 85 numbered and entitled below, be adopted and
entered into Ordinance BOOK H12. Commissioner Wenzel stated his
intent to vote for the motion because of the acreaoe the County
will receive in place of the 9+ ncre. beinq foreqone by the
loss of Tracts "R_^" nnd "R-D".
Upon call for the qUQ9tion, tho motion carriod unanimously.
ORDINIINCE 80-107
AN ORDINANCE hMENDING ORDINIINCE 79-3~,
TIlE COMPREHENSIVE PLlIN FOR COLLIER
COUNTY, FLORIDII. BY hMENDING TilE LlIND
USE ELEMENT WORK STUDY llJU:1I Mill' 14
FROM RECREIITIONIIL AND OPEN SPliCE IIND
INSTITUTIONAL TO CONM~:RCIIIL. ON TilE
FOLLOWING DESCRIDED PROPERTY, TRACTS
"R-II" AND "R-D" OF REPl~T OF II PORTION
or MIIRCO nEIICII. UNIT EU:VEU. IIND DY
December 9, 1980
commerc:"l property and it is her undorstandinQ that the
develo;',,'''; have aQreod to puttinQ in the buffor. She said
that the l''/o Cl\P'c members who voted aQoinst the petition have
been cont,,,cted and have advised that if the 1000 buffer is
put in they would have no objoction.
Mr. charlos E. Turner, Director of PlanninQ and oesiQn
for Coral RidQe-Collier Properties, Inc., the developers
of Pelican Bay, explained that th~ rationale for the chanQe
is as Collows I
1. AliQnment of Oulf Park Drive which is necossary
~ue to enQineerinQ considerations.
2. conCiQuration of Water ManaQement System.
J. [,ound Land Use PlanninQ Practice.
Mr. Turner explained in detoil, as set forth in the Application
for 0 ru;) ;~endment, why the chonQes are required and, by
referring Lo the blueprint displayeC, illustrated the Sito Plan
altcruli Dno. FollowinQ additional comments with reQard to the
a(; lanLo'J''"' oC the contemplated chanQea, Mr. Turner said they
arc Cull,' In keepinQ with the spirit of the Pelican Day PUD
and rCI'..c'"cnt refinrments that brinQ the PUD into line with
sound englnellrinQ practices and actual site conditions.
AtLorncy OeorQe Varnadoe, representinQ the petitioner,
said thoL Lhe request is not for a nnw commercial arell - there
have alwoys boen 21 acres identified for this uso - and that
relocotlnQ it is not a new idea. He sllid that for over two years
the proposed land use maps has shown the commorcial aroa where
it will be - next to the Trail - and a split parcel. He
explained that the site for the commercial area will be the
center entrance and that it will be a "nice-looklnQ" area,
referrlnQ to the Naples Fedoral buildinQ, recently constructed.
to illustrate what can be done to buffer the property and
diffuse the view for a plellsinQ appearance. Attorney Vernadoe
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commented on the additional bufforinq which the developer has
aqreed to install and which will help the imaqe from the Trail
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to Pelican Day's "front door".
The followinq persons reqistered opposition to the proposed
amendment.
1. J. P. Gunther-Moore - Pine Ridqe Civic Association.
Expressed the opinion that a commercial area on
us 41 breakinq up a residential section is
undesirable. Presented a petition with 36B
siQnatures indicatinQ opposition.
2. lIenry W. Maxant - Pine RidQe resident.
R~quested assurance that additional commercial
zoninq won't be requested in the future.
3. John Veneknmp - Pine RidQe Civic Association member.
Slnted his concern over the type of establishments
to be located in the commercial area.
4. Marian Koebnick - Pine Ridqe resident.
^~reed with previous speaker.
5. Nanc.,. L. Murray - Pine RidQe resident.
Concurred with previous statements.
6. Paul Psathas - Pine RidQe property owner.
100' buffer "doesn't do much" to pr.,tect visability
or commcrci~l prorortl~..
7. Mrs. Paul psathss - Pine RidQe property owner.
AQreed with previous speaker.
8. Ms. Grace Kistler - Trail Blvd. resident.
Indicated there would be an acceleration of traffic
because of the three traffic liqhts planned.
9. John R. Kistler - Trail Blvd. resident.
Commented that a decision has probably already
been mada for approval.
10. Robert DeVille - Trail Blvd. resident.
Observed that it is possible some of the chanoe.
have already been made prior to obtainino approval
to amend the PUD. Objected to the location of a
.hoppinq center acro.. from hi. re.idence.
11. Hike Zewalk - North Nap1e. Civic Aa.ociation.
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Decomber 9. 19AO
Joined the Pine RidQe Civic Assooiation in opposinq
the petition. Should remain atatua quo.
12. J. L. Dutton - Pine Ridqe resident.
Asked that the Board respect the residents who
pay taxes, vote and live in the community.
13. James Conrad - Pastor of Covenant Presbyterian
Church adjacent to the Pelican Bay property.
ShoppinQ Center would disrupt Sunday worship service
and its estsblishment could set a precedent for com-
mercial strip all alonQ the Trail which would not be
beneficial to the entranc~ to Naples.
14. Georqe F. Keller - Collier County Civic Federation.
Objected to relocating the commercial area for the
purpose. presumably, of attractinq other-than
Pelican Day residents which wss the original intent.
A "good" PUD which has received Qeneral approval
should not be radically changed and. in the subject
petition. permitt~d to affect the surroundinq area.
15. Mrs. Ann Dalch - Resident of Pine RidQe.
100' buffer beinQ offered is not sufficient and
aSKed that the commercial orca remain as !n the
oriQinal design.
Commissioner Kruse referred to the commonts torthcominq
fr.~m the residents across the highway that the placement of the
commercial center will diminish their property values and
inquire' if there ir a perceptible difference in the home
prices for the properties directly to Lh" llorLh and "djacent
to the commercial property as opposed to tho property to the
south.
Mr. Ross Obley. President of Coral Ridqe-Collier
Propertios. said that th" enqineerillQ phase is beinq completed
now for the Group One properties to the south and that their
pricinq intentions arc that they will not be any lower than
in the Pelican Day Woods portion. lie said that the Group One
properties above the commercial area are a number of years
off and that the pricinq structure is not known at the present
time. commentinq that they have no intention of havinq any
diminished property values in thoir dovolopment or in any of
the surroundinq arees. lie edded that the subject aroa will be
the "front door" to Pelican Bay and will continue to be done
in a first-closs mennor.
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December 9, 1980
commissioner Wenzel referred to the comments with reqard
to the encroachment on the residential zonin9 by commercial
zonin9 and inquired if the developer could almost commit
themselves that there will be no further commercial zoninq
alonq the Trail other than what is in the Master Plan. Mr.
Obley responded by statin9 that "I have no intention now. nor
do I foresee any in the future, of asking for additional
commercial. acreage".
Regarding whether or not the landscaping on the 100'
strip will be heavy enough to conceal the shopping area, Mr.
Obley said that the answer is yesr however, it is his fundamental
desire to use native vegetation, when possible, and expand on it
rather than replace it. Further responding to Commissioner
Wenzel, Mr. Obley said that the development will adhere to the
35' maximum 11mi t on hei <,Jht.
Communi ty Development .\d,,,inistrator Virta replied to some
of the comments which hove been made throughout the hearing by
stating that presently the Zoning Ordinance limits developers
to 5. of the total land area for commercial and that the
petitioner is at thl'j r "I'i11no now; that the ouLler strip was
ori9inally put into the pun at the request of the Plannin9
Commission to be placed alon9 the residential areas abuttin9
the major roadways to protect tho residences within Pelican
Bay from the impact of the roads: and that the road relocation.
brou9ht up by ono of tho speakers, has already been approved
through the planning process by the County.
Rev. Conrad asked for clarification with regard to the
limitation on hoight of 35' which he aaid would permit more
than on. or two stories to be built. Commissioner Wenzel said
that it is his understanding that the developer said that the
buildin9s would be one or two storie.. Hr. Virta .xpr....d
the opinion that the answer 9iven was not "V.., they would be
December 9, 1980
limited to one or two stories", notinq that he does not know
what the desiqn considerations arel however, he said that the
stated limitation is the same limitation that is placed on
sinqle-family districts.
Rev. Conrad asked, in the event the requested chanqe is
approved, if the developer would consider "berminq" the
parkinq lot. Mr. Obley said that one problem with this practice
is that, in order to do it, trees would have to be removed. He
emphasized that it is their intent to buffer it in a first-
class manner as has been done in the rest of Pelican Bay.
All proponents and opponents havinq been heard, Commis~ioner
Wonzel moved, secondod by Commissioner Kruse and unanimously
carried, that the public hearinq be closed.
Mr. Oblcy, in response to Commissionor Wenzol, said that,
in respect to height, 35' is the controllinq number. He noted
ttat the preliminary plans for the commercial area on the north
are all for one and two story buildinqs and on the south, which
IIlay be built for offices, and the like, there may be three
story bui1dinqs. He pointed out that additional heioht will
permit more oreen spa~~ on the qround which is their intent.
Commissioner Wimer moved, sec~nded by Commissioner Brown
and unanimously carried, that the Ordinance, as numbered and
entitled below, with reqard to Petition NZ-80-18C, be adopted
and entered into Ordinance nook H12.
ORDINANCE 80-109
All ORDINANCE AMENDlUG OROINAlICE 77-18 THE PELICAN
BAl' PLAWIEO lIIlIT DEVELONI(NT DOCUMENT: OY DELETING
THE PRESENT EXlIlOIT "CO SITE PLAN AND SUOSTITUTING
A NEil [XIIIOIT "CO SITE PLAN AND OY PROVIDING AN
EFFECTIVE DATE. .
&OO! 058 rAt[ 148
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December 9, 1980
REQUEST BY ATTORNEY VEGA, REPRESENTING PROSPECTIVE PURCHASER
OF NAPLES CAY PROPERTY, FOR WITHDRAWAL OF PROPERTY FROM REZONING
CONSIDERATION PENDING PREPARATION OF PLANS - DENIED
Attorney GuorQe YeQa advised that he was sppearinQ before
the Board reQardinQ the project known ~s Naples Cay and that
accompanyinQ him waS Mr. Harper Sibley representinQ First MortQaQe
Investors, said firm havinQ purchased the riQht to buy Mr. McIlwain's
position in Naples Cay, i.e., he is the stockholder and controllinQ
interest in that particular project. It is the intent, said
Attorney YeQa, to completely redo the plans for the property,
rncetinQ wit~ the SeaQate residents immediately followinQ the
meetinQ. He said the purchaser intends to comply with all County
ordinances and construct a first-class development which everyone
will be happy with includinQ the County.
Attorney VeQa recalled that on December 18, lQ80 there will
be a meetinQ of the CAPC at which time preliminary considerat"on
will be Qiven to downzoninQ the property which, if approved, could
folaktl it unattractive for development. What ia beinQ requested, he
said, is sufficient opportunity to prepare plans for the property
whl ch wi 11 take tlnti 1 the end of January, at '(hJ eh time their
proposal would be brouQht back to the County, followinQ a
discussion of the matt~r with the SeaQate people. At this time
Attorney VeQa introduced Mr. Sibley with a brief comment concerninQ
hia association with other projects.
Mr. Sibley observed that his firm is very attracted to the
Naples community, havinQ investiQated other places throuQhout the
State for continued development, and said that they have a
different idea as to what should be done than perhaps what has
been presented before with reQard to the Naples Cay property.
Their staff is workinQ on information for presentation to the
Board. ha continued, which will be ready by the 1st of February.
Mr. Sibley said further that it is felt they can "live" with the
restrictions that exist at the present time and that the problem8
that the Seaoate people are concerned about can be solve~.
December 9, 1980
Community Development Administrator virta said that the
ataff is working, in response to a directive of the Board, to
review all "RM-2" properties that are presently vacant that
have ever had any question or concern raised about them or
which is felt re-examination was necessary. The staff has
identified 23 sites, which fall into the category, and have
set a public hearing before the CAPC on December 18, J.980,
said Mr. Virta, and pointed out that the site under discussion
is included in the properties. Mr. Virta expressed concern
over the request being made, noting that in excess of 800
affected property owners have been notified of the hearing with
regard to all of tne various properties - his point being that
to single out one property for continuance could set a precedent.
Commissioner Wimer clarified the request as being a request
for the County to withdraw its anticipatcd or proposed rezoning
until a new proposal is ready and said that if the proposal is
'lot an acceptable solutlon, the County can always rezone the
property. With the comment that he would like to see the subject
propert:' developed properly. Commissioner Wimer moved that the
request be granted. Commissioner Brown seconded the motion.
County ManaQer Norman explained for the record that, since
the Board of County COIM\issioners is the petitioner, the Board
has the right to withdraw the piece of property from the petition
which would not upset the balance between the responsibility
between the Doard and tho CAPC.
Commissioner Kruse commented that, by exempting ono p!ece
of property from the process that the other 22 are being subjected
to, does not, in her opinion, scem equitable. Commis.loner Wimer
emphasized that the motion is not to exempt anyone - merely
withdrawing the subjcct property from consideration at the
present time. He added that if an acceptable plan ia not presen~d.
he would bo the first porson to mako a motion to "do it aqain".
A roll call vote was requested whlch resulted in the mot1on
failing 2/~ with Commissionors Kruse, Wensel and Piator yot1nQ 1n
opposition.
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058 "ACE 150
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eo~~ 058.,..151 December 9, 1980
COmmissioner~use then moved that the rezonin~ of all
of the properties be continued for two months. Commissioner
Wimer expressed the opinion that such continuance would be
self-defeating regardin~ the intent of the proposed rezonin~s.
The motion died for lacK of a second. .
. >
There was additional discussion regarding whether or not
there could be a postponement of the hearing due to the effort
which has been put forth. and the notices which have gone out.
It was also pointed out that there will be a considerable
period of time before the public hearin~ by the BCC. followin~
which Chai~man Pistor stated that the public hearing will go
forward with the Coastal Area Plannin~ Commission as planned.
RECESS: 12:10 P.M. until 1:45 P.M.
ORDINANCE 80-110 RE PETITION NZ-80-19C. BOARD OF COUNTY
C0MMISSIONERS. REQUESTING AN AMENDMENT TO SECTION 24. PUD
DISTRICT. OF THE ZONING ORDINANCE BY ADDING LANGUAGE RE ENTRY
~EVEL RENTAL HOUSING SECTION - ADOPTED
Legal notice havin~ been published in the Naples Daily
News on November 19. 1980 as evidenced by Affidavit of
publication filed with the Clerk. public hearing was held to
consider Petition NZ-80-l9C. filed by the Board of County
Commissioners. requestin~ an amendment to Section 24-PUD. of
Ordinance 76-30. by adding langua~e to Para~raphs 6D(2) ftnd 6F
maKing the Entry Level Rental Housin~ Section ineffective until
April 1, 1982.
community Development Administrator Virta explained that
sometime ago the Board raised concerns over the Entry Level
Moderate Rental Housing provisions in tho subject Ordin~nee and
at that time a moratorium was put in place. An amendment was
requested. continued Mr. Virta. that would put a le~al. fraa
an ordinance standpoint. moratorium on such projects. The
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December 9. 1980
amendment was drawn up and presented to the CAPC and the CCPA,
aa well. said Mr. Virta. and both of those bodies are recornmendinQ
that the amendment not be adopted, their concerns beinQ that there
is a need for the Entry Level Housing, and that adequate controls
and safeguards can be imposed that would call for a reexamination
of the sites should the projects not occur as planned. It was
also felt that the proposal would not be in conformance with the
comprehensive Plan which recognizes the need for housing for all
of the citizens of the County, Mr. Virta concluded.
Chairman Pis tor said that he docs not recall the Co~mission
ever settiJ.g the date of April 1, 1982, with regard to the matter.
suggesting that the Board would like to stop approving these for a
period of time. It was Commissioner Wimer's viewpoint, although
he personally has no problem with the date" that setting the
date added confusion to the issue. He pointed out that the best
move the County made. with ~egard to complying with the Compre-
hensive Plan, was to establish a Housing Finance Authority
enabling people to purchase homes. He said when the particular
zoning category was voted on, it was stated that it would be
tried for a time to see what would happen becau~e Il euablc~
the development of substandard units on the theory that, because
of the lower square footage, the lower construction costs would
be reflected in lower rents to the renter. He said if it was
determined that the only person benefiting from the zoning was
the investor, rather than the renter, they should be stopped,
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allowing the ones which have been approved to be built, rented,
and see if they are rented at lower than the market price for
a comparable housing unit and is not substandard.
Commissioner Brown agreed that a "stop date" was never
placed on the directive. Mr. Virta said that the oriQinal
direction of the Board was to delete the provisions for such
districts which was subsequently modified with tho placement
bC~~ 058 rACE 152
aoo~ 058 PACE 153
December 9, 1980
of a moratorium and a request that an amendment be brought pack
with a date certain, noting that there was not a date given,
but the date specified was developed instead.
There were no persons present expressing an interest in
addressing the petition. whereupon Commissioner Wenzel moved,
seconded by Commissioner Wimer and unanimously carried, that
the public hearing be closed.
Commissioner Wimer moved to delete the amendment in its
entirety per the original direction. He said that will do
away with the date and if. at some future date. if so desired.
it can be reinstated. County Attorley pickworth inquired if it
is the intent to remove the zoning classification from the
ordinance with Commissioner Wimer responding in the affirmative.
commenting that it can be replaced with a revised and better
category. and adding that that was the intent of his motion.
Commissioner Brown seconded the motion. The motion was restated
by the Chairman by saying that the motion is to remove the
classification from the zoning book and. upon call for the
question. the motion carried unanimously.
It was pointed out by Attorney Pickworth that the w>JY the
petition was advertised was to amend certain paragraphs of the
ordinance, not to repeal the zoning classification. It should
be readvertised. he said. as an ordinance to repeal such zoning,
noting that the projects already authorized would be "grand-
fathered". Chairman Pistor pointed out that without classifi-
cation there is nothing on the books to describe what is being
done - referring to those projects which have been approved.
Planner Lee Layne explained that the subject projects are PUO'.
and, therefore, appropriate language is written in pertaining
to setbacks, and the like.
Following brief additional discussion, Attorney pickworth
stated that evon to repeal a soction from an ordinance it has
December 9, 1980
to be done by an amendment to the ordinance, whereupon
Commissioner Wenzel moved that the staff be authorized to
prepare the necessary paperwork for advertisinq the removal
of that certain portion of the ordinance pertaininq to the
zoninq cateqory being discussed. Commissioner Wimer voiced
his concern over the position the Board is beinq placed in
and also to the fact that. even though his instructions were
straightforward. the matter ),as been left to "drift" which
he does not appreciate. Commissioner Brown seconded Commissioner
Wenzel's motion.
Commissioner Wimer inquired if the action taken prior is
now null and void with County Manager Norman statinq his
assumption that the prior motion would be rephrased to direct
the staff to prepare an ordinance that would accomplish the
Board's objection with Commissioner Wimer interjecting that
that was tre original dire~tive from the Commission.
Commissioner Wimer asked for clarification as to how
t~;e public hearing this date was advertised with Ms. Layne
responding that it was advertised to place a moratorium on the
zoning until the date specified - not to remove it from the
ordinance entirely. C~airman Pistor said that by placing a
moratorium, removing the date, would accomplish the desired
purpose. Attorney Pickworth reitera~ed his previous advice
that if it is the int.ent to "get rid" of the zoninq entirely
the proper approach would be to advertise an ordinance to amend
the pertinent ordinance by removinq the classification.
Commissioner Wenzel said that was the intent of his motion on
the floor.
It was the suqqestion of Commissioner Kruse that, by
adoptinq the proposed ordinance which has been presented, an
effective moratorium would be accomplishcd and that when a
new ordinance is draftcd which the Board is more .comfortable"
&O~( 058 rACE 151
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December 9, 1980
with that would, if adopted, take precedence over the one .
under discussion. Attorney pickworth said that lenquaQe could
be included in the new draft to this effect.
Mr. Virta noted that there is a new proposed zoninq
ordinance beinQ reviewed at the present time and that it would
be within the proper sequencinQ to strike the appropriate pro-
visions in the new ordinance and, in the meantime, an effective
moratorium has been placed. Commissioner Wenzel and commissioner
Brown withdrew their motion and secondinQ thereof, respectively.
Commissioner Wimer moved, seconded by commissioner Wenzel
and unanimously carried, that Ordinance, as numbered and entitled
below, be adopted and entered into Ordinance Book No. 12.
commissioner Wimer asked to be advised when the proposed
ordinance revisions are considered by the CAPC sO that he can
be present and set forth his views in order to Qet a balanced
viewpoint.
ORDINI\NCE 80 - 110
AN uKi.JIN;~NCE ;"'j.i;:;~u~,~G v:i.:):::.'\~:-:E 7E-3fJ, TUF.
COMPHEIIENSIVE ZONING REr.ULIITIONS FOR THE
UNINCORPORI\TED I\P.EI\ OF THE COASTI\L I\IlEA
PLANNING DISTllICT BY AMENDING SECTION 24
PUD-PLIINNED UNIT DEVELOPMENT, Pl\lll\GllAPHS
60(2) AND 6F ENTRY LEVEL HOUSING WHICH
WILL TEllMINATE ITS EFFECTIVENESS UNTIL
. APllIL I, 1982, I\ND BY PllOVIDING AN
EFFECTIVE DATE
ORDINANCE 80-111, COUNTY PLANNING DEPARTMENT PETITION R-80-J6C,
ANNUAL REVIEW OF VARIOUS DESCRIBED PROPERTIES - ADOPTED
LeQal notice havinQ been published in the Naples Daily News
on November 7, 1980 as eVidenced by Affidavit of publication
filed with the Clerk, publiC hearinQ Was held to consider
Petition R-80-J6C, filed by the County PlanninQ Departme~t. .s
part of their Annual Reviow, roquestinQ rozoninQ of Lots 1-10.
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PETITION PU-80-14C, AL FAYARD, REQUESTING PROVISIONAL USE (2)
OF "A" DISTRICT FOR EARTH MINING AND EXCAVATION FOR PROPERTY
9N RIGGS ROAD - DENIED
Planner Lee Layne explained that the petitioner, with
regard to Petition PU-80-l4C, is proposing to use property
located at the north end of Riggs for earth mining and excavation
of the 86 acres involved, locating same on the map provided.
She said that the coastal Area Planninq Commission held their
public hearing on the petition on November 20. 1980 with
considerable objections raised by several residents in the area
and by 17 letters of opposition received. Most of the objections,
she said, concerned the possible deterioration of Riggs Road
and drainage problems in the area. Therefore, the CAPC
recommended forwarding the petition to the Board with a
recommendation of denial, said Ms. Layne, for the following
reasons:
1. Too much heavy traffic on Riggs Road.
2. Denial recol1UTlended by the WMAB because the effects
the pit would have upon the existinq major flowway
and its effect on the groundwater.
The petitioner, .0.1 Fayard, addressed the Board and said
that the County standards call for the construction of a 6'
berm around the proposed lake so there should be no flooding.
He further pointed out the helpful effect the lake would have
on the aqUifer in the subject area which is needed badly.
Chairman Pis tor pointed out the efforts that are being
made to improve Riggs Road and the possible damaqe to these
efforts, in the event the request is approved, due to the heavy
truck traffic. County Manaqer Norman noted that the Staff
Report has a recommendation concerning the participation by the
petitioner concerning road construction if the request is granted.
Public Works Administrator/Enqineer Barksdale stated his con-
currence with the WMAB concerns with regard to the water quality
~O~! 058 rACE160
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BOO~ 058 "AGE161 December 9, 1980
and flowways in the area which he said is the most important
consideration, pointinq out the additional con~ern that there
would have to be chanqes made in the construction of improvements
to the road - such as increasinq the depth of limerock layer.
Mr. James Code, RiQqs Road resident, said that he resides
about 600' from the proposed site for the excavation and voiced
his concern over the water at some time runninq over the berm
mentioned.. He aqreed that the petitioner should be able tc
use his land for his own purposes but not at the expense of the
people livinq there. also cor.mentinq on the effect on the road-
way which he said will be adverse.
Commissioner Wenzel moved that the Board follow the staff
report and recommendation and deny the petition. The motion
was seconded by Commissioner Kruse. Upon call for the question,
the motion carried 4/0 with Commissioner Brown not present at
the time of the vote.
RESOLUTION 80-278 TO RECOVER FUNDS EXPENDED BY COUNTY TO ABATE
PUBLIC NUISANCE ON LOT 10. BLOCK 121. UNIT 4. MARCO ISLAND - ADOPTED
Commissioner Wenzel moved. seconded by Commissioner Wimer
and carried 4/0 with Commissioner Drown not vre~ent, that
Resolution 80-278. to recover funds expended by the County
to abate a public nuisance on Lot 10. Block 121, Unit 4, Marco
Island, owned by James R. Coleman. be adopted.
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BOOK 058 rAGE163 Oecember 9, 1980
CARNIVAL PERMIT H80-5, RE PETITION C-80-3-C FILED BY COLLIER
COUNTY AGRICULTURAL FAIR AND EXPOSITION, INC., REQUESTING A
PERMIT TO CONDUCT THE ANNUAL COLLIER COUNTY FAIR - APPROVED
p,URSUANT TO STAFF RECOMMENDATION
Commissioner Wimer moved, seconded by Commissioner Wenzel
and carried 4/0 with Commissioner Brown absent. that Carnival
Permit H80-5, requested by the Collier County Agricultural
Fair and Exposition, Inc.. be approved for the purpose of
cond\'cUnl/ the Annual Collier County Fair at the Swamp BUI/I/Y
qrounds on ~anuary 10 throul/h January 17, 1981, pursuant to
the staff recornnendation for the waiver of the followinq:
1. A Surety Bond in the penal sum of $2,500.00,
cC'lditioned upon the operator complying with each
provision of Ordinance 75-11.
2. A non-refundable fee of $50.00.
3. A current occupational license issued by the
Collier County Tax Collector. (Se~ Exhibit
3E(l) "Tax Exempt Certificate").
4. The name. identification and social security
number of each per~on accountable for the
operation of each activity.
S. The duration of the permit shall ~ot exceed
five (5) calendar days.
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BOO~ 058 PAGE 165
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December 9, 1980
CONCEALED PISTOL PERMIT H80-16 - APPROVED FOR ISSUANCE TO
DR. JAMES W. GOVER
Pursuant to brief explanation by Public 'Safety Administrator
Thomas Hafner, as contained in the Executive Summary dated
November 25, 1980, Commissioner Wenzel moved, seconded by
Commissioner Wimer and carried 4/0 with Commissioner Brown
not present, that Concealed Pistol Permit H80-16, requested
by Dr. J~1es W. Gover, be approved, as recommended.
CHAIRMAN AUTHORIZED TO SIGN ELIGIBILITY APPLICATION FOR PUBLIC
AGENCIES FEDERAL SURPLUS PROPERTYUTILIZATIO~ PROGRAM FORM
As recommended by staff, CommiQsioner Wimer moved, seconded
by Commissioner Wenzel and carried 4/0 with Commissioner Brown
not present, that the Chairman be authorized to sign the Eligibility
Application for Public Agencies Federal Surplus Property Utilization
Program Form.
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December 9, 1980
EXCAVATION PERMIT APPLICATION NO. 59.115, REQUESTED BY A.F.
FAYARD. SR.. FOR PROPERTY LOCATED IN S8. T51S. R27E - DENIED
"~"
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Commissioner Wimer m~ved, seconded by Commissioner Wenzel
and carried 4/0 with Commissioner Brown not present, that the
Excavation Permit Application No. 59.115, requested by A. F.
.
Fayard, Sr., for excavation on property located in Section 8,
Township 51 South. RanQe 27 East, be denied, pursuant to staff
recommendation contained in Executive Summary dated November 25,
.
.
1980.
RIGHT-OF-WAY AGREEMENT FOR PROPERTY DEDICATED TO COUNTY BY
CARDAMAR. INCORPORATED TO COMPLETE RIGHT-OF-WAY ACQUISITION
FOR GOODLETTE ROAD EXTENSION (GOLDEN GATE PARKWAY) - ACCEPT~D
FOR EXECUTION BY CHAI~~
Commissioner Wimer moved, seconded by Commissioner Wenzel
and carried 4/0 with Commissioner Brown not present, that the
RiQht-of-Way Agreement for property dedicated to the County
by Cardamar, Incorporated, and whict consists of 623.87 square
feet, for the purpose of completing the acquisition of riQht-
of-'.'ay for Goodlette Road Extension (Golden Gate Parkway) be
accepted and that the chairman be authorized to execute the
document. as recommended by staff.
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December 9, 1980
LEASE AGREEMENTS WITH THE CITY OF NAPLES AIRPORT AUTHORITY FOR
THB NAPLES MVI STATION AND NAPLES TRANSFER STATION _ APPROVED
TOR CHAIRMAN'S SIGNATURE
Commissioner Wimer moved, seconded by Commissioner Wenzel
and carried 4/0 with Co~issioner Brown not present, that the
Lease Agreements with the City of Naples Airport Authority
for the Naples MVI and the Naples Transfer Stations b~ approved
for the Chairman's siQnature, purusant to staff recommendation
dated November 26, 1980.
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058 PACE172
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Deccmber 9, 1980
AGREEMENT TO EXCHANGE LOTS AS RIGHT-OF-WAY ACQUISITION FOR
GRANADA BOULEVARD CONNECTION TO GOODLETTE-FRANK ROAD - APPROVEO'
FOR CHAIRMAN'S SIGNATURE: RIGHT-OF-WAY DOCUMENT ACCEPTED FOR
RECORDATION
Commissioner Wimer moved, with Qrateful thanks, for the
approval of the AQreement to exchanQe lots as riQht-of-way
acquisition for Granada Boulevard connection to Goodlette-
Frank Road, and for the acceptance of the riQht-of-way document
for recordation, pursuant to s~aff recommendation dated
November 26, 1980. The motion was scconded by Commissioner
Wenzel and unanimously carried, Commissioner Brown havinq
returned to the meetinQ.
At this time - 2,jO P.M. - Deputy Clerk Brenneman was replaced
by Deputy Clerk Elinor Skinner.
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BOOK 058 rACE 182
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December 9. 1980
AGREEMENTS TO PROVIDE MATERIAL TESTING SERVICES AND APPROVE
PURCHASE OF NUCLEAR DENSITY/MOISTURE METER - APPROVED FOR
CHAIRMAN'S SIGNATURE. SEALED BID REQUIREMENTS WAIVED
Public Works Administrator Clifford Barksdale explained
that the Transportation Department has assumed responsibility
for inspection of all road construction which requires both
services of testinQ firms and equipment for County personnel
to conduct on-site tests to assure conformance with contract
specifications. This action plus the purchase of a nuclear
density/moisture meter will result in a savinQs of approximately
$35,000 to the County, he said.
Commissioner Wimer moved, seconded by Commissioner Brown
and carried unanimously, that agreements be approved for the
Chairman's signature to provide material testing services and
to approve the purchase of a nuclear density/moisture meter,
with scaled bid requirements waived as recommended by staff
in the Executive Summary dated 11/~6/80.
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&OOK 058 rACE 184
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CHAIRMAN AUTHORIZED TO EXECUTE AGREEMENT WITH MARY FOLAN RE
PURCHASE OF LAND REQUIRED FOR ACCESS/LOADING AREA AT NEW
RAILROAD TERMINAL. LIMITED WARRANTY DEED FOR BALANCE OF LAND
REOUIRED FROM RICHARD L. VOSS. ET AL - ACCEPTED
Public Works Administrator Clifford Barksdale explained/
as part of the agreement with the Railroad/the County was
required to provide the access/loading area at the new railroad
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terminal. County Manager Norman noted the cost to purchase the
land required for this access/loading area will be paid from
the Goodrette Road right-of-way f~~d and because of the
recor.~nded agreement and the deed as co~tained in the Executive
Summary dated November 26. 1geO. th~s cost will be substantiallY
reduced.
Commissioner Wimer moved that the Real Estate Agreement with
Mary Folan, to acquire lands required for acces,,/loading area
at the new railroad terminal site, be approved for Chairman's
signature; that payment in the amount of $15,750 be approve~:
that a limited warranty deed from Richard L. Voss. et al for the
bal~nce of the land required be accepted; and that the documents
be approved for recordation. Commissioner Brown seconded the
motion which carried unanimously.
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December 9, 1980
UTILITY DIVISION DIRECTOR AUTHORIZED TO SIGN APPLICATION FOR
A STEP II GRANT UNDER THE 201 PROGRAM FOR THE EXPANSION OF THE
AREA "A" (NORTH NAPLES) SEWAGE TREATMENT TRANSMISSION AND
TREATMENT FACILITIES
Commission~r Wimer moved that the Utility Division Director
be authorized to sign and submit the application for a Step II
Grant under the 201 ProQram for the expansion of the Area "A"
.ewaQe treatment facilities as recommended in the Executive
Summary dated December I, 1980. The motion was seconded by
Commissioner Brown and carried 4/1, with Commissioner Wenzel
opposed.
CHAIRMAN AUTHORIZED TO SIGN CHANGE ORDER NO. 1 RE PIPE LINE
MATERIAL SUBSTITUTION FOR MARCO SEWER PHASE I
Utility Division Director Berzon explained the ChanQe
Order No. 1 as contained ~n the Executive Summary dated
December i, 198~ is to permit the substitution of alternate
materials for use in the construction of sewaQe force mains
in the Marco Sewers Phase I only ana not as a Qeneral condition.
Commissioner Wimer moved, seconded by Commissioner Brown
t~at the Chairman be authorized to siQn ChanQe Order No. 1
to Southeast UnderQround Construction, Inc., reQardinQ pipe
line ma~erial subst'tu~ion for the Marco Sewers Phase I, and
the motion carried unanimously. This decreases the contract
by $4,650 for a total contract of $1,739,812.89.
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600K 058 PACE 227
December 9, 1980
RESOLUTION MWS 80-5 RE CONDEMNATION OF LIFT STATION SITES,
MARCO SEWERS PHASE I - ADOPTED
Commissioner Wimer moved for the adoption of Resolution
MWS 80-5 to authorize the condemnation of specific pr~perties
for the location of sewaqe lift stations required in the
conatruction of Marco Sewers Phase I as recommended by the
Utility DiVision in the Executive Summary dated December 1,
1980. Commissioner Brown seconded the motion which carried
unanimously.
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December 9, 1980
EXPE~DITURE OF UP TO $2,000 RE VIDEO RECORDI~G OF THE
CO~STRUCTIO~ AREA OF THE MARCO SEWERS PHASE I - AUTHORIZED
Commissioner Wimer moved for the authorization of the
expenditure of up to $2,000 to have e video tape made of the
existing surface conditions in the construction area of' the
Marco Sewers Phase I as recommended by the Utility Director
in the Executive Summary dated December 1, 1980. Commissioner
Brown seconded the motion which carried unanimously.
ORDINANCE 80-112 RE REQUIREMENT FOR SEWAGE DISPOSAL FACILITIES
AS CO~DITIO~ OF BUILDI~G PERMIT ISSUANCE - ADOPTED UNDER
EMERGE~CY PROCEDURE
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Having been declared by the Boprd that an emergency exists.
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CommiSSioner Wimer moved, seconded by Commissioner Brown and
c~rried unanimously that the emergency ordinance as numbered
and titled below be adopted and entered into Ordinance BOOK
No. 12.
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ORDINANCE NO. 80- 112 , .
AN EMERGENCY ORDINANCE A.'lENDING SECTION 14 Lot ::ri'iE)
COLLIER COUNTY CODE, CREATING A NEH SECTION. 14-2.2., r-
OF SAID CODE: REQUIRUJG APPROVAL OF. SEHAGE DIS-' I.. "
}>OSAL SYSTEM PRIOR TO THE ISSUAt;CE OF BUILDING
PERl-lIT; PROVIDING DEFINITIONS; PENALTIES; PROVIDING
FOR CONFLICT AND SEVERABILITY; DECI..\RING':IIl:l' EMER-. ~"/
CENCY; PROVIDING AN EFFECTIVE DATE. Cl:.... :-~.~
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December 9, 1980
ROUTINE BILLS - AUTHORIZED FOR PAYMENT
Pursuant to Fiscal Officer Harold Hall's statement that
the bills being presented have been processed following
established procedure and that funds are available, Commissioner
Wimer moved, seconded by Commissioner Brown and carried unani-
mously, that the subject bills be approved for payment as
witnessed by the following checks issued from December 3, 1980
through December 9, 1980:
ACCOUNT
BCC Payroll
CHECK NOS.
18390 - 18849
2673 - 2987
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BUDGET AMENDMENT NO. 81-1 TRANSFERRING FUNDS TO PROVIDE HAND
IQgLS. SEWER SERVICE AREA "A" - ADOPTED IN THE AMOUNT OF $1.500
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Commissioner Wimer moved, seconded by Commissioner Brown
and carried unanimously, that Budget Amendment No. 81-1,
transferring funds to provide hand tools for Sewer Service
Area "A", be adopted in the amount of $1,500.
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BOOK 058 PAcr239
December 9, 1980
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SUFFICIENCY OF CONSTITUTIONAL OFFICERS' BONDS - APPROVED
Fiscal Officer Harold Hall explained that in January
and June of each year the Clerk to the Board.is required
to review the sufficiency of Constitutional Officers' Bonds.
Following Mr. Hall's statement that this review has been
made, Commissioner Wimer moved, seconaed by Commissioner
Brown and carried unanimously that the sufficiency of the
Constitutional Officers' Bonds be approved.
CHAI~~ AL7HORIZED TO SIG~ STATE~~T OF ASSUR~~CES FOR
FrDERAL REVE:;;;E SHARI:lG
Commissioner Wimer moved, seconded by CO~~lssioner
Brown and c~rried unanimously that the Chairman be authorized
to sign the Statement of Assurances for Federal Revenue
Sharing in the amount of $650,000.
BOARD ACCEPTS COMMISSIONER WIMER'S OFFER OF USE OF HIS OFFICE
ON MONDAYS AND WEDNESDAYS BY STATE SENATORS
Commissioner Wimer moved, seconded by Commissioner
Brown and carried unanimOUSly, that his office be used by
the State Senators on Mondays and Wednesdays; that a phone
line be installed [or the Senators if needed, and that there
be no smoking in his office.
BOARD INSTRUCTS COUNTY ATTORNEY TO DRAFT A BILL TO PRESENT TO
THE LEGISLATIVE DELEGATION BANNING NO DEPOSIT, NO RETURN
BOTTLES IN TnE STATE OF FLORIDA
Following a discussion, Commissioner Wimer moved,
seconded by Commissioner Brown and carried unanimously, that
the Board of County Commissioners instruct County Attorney
Pickworth to draft a bill to present to the legislative
delegation banning no deposit, no return bottles in the State
of Florida.
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December 9, 1980
BOARD DECIDES TO DISCONTINUE RECEIVING THE JOURNALS OF THE
HOUSE OF REPRESENTATIVES DURING LEGISLATIVE SESSIONS
Commissioner Wenzel moved, seconded by Commissioner
Wimer, and carried unanimously, that the Board of County
Commissioners discontinue receiving the Journals of the
House of Representatives during legislative sessions.
CHAIRMAN AUTHORIZED TO SIGN THE CERTIFICATE FOR CORRECTION
TO THE 1979 TAX ROLL
Commissioner Wenzel moved, seconded by Commissioner
Wimer and carried unanimously, that. the Chairman be
authorized to Sign the following certificate for correction
to the 1979 tax roll:
Tangible Personal Property
1979-221
12/2/80
MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED
There being no objection, the Chair directed that the
following correspondence be filed and/or referred to the
vacious departments as indicated:
1. Copy of letter dated 11/21/80 from Donald R. Barber,
Boran Craig Schreck Construction Co., Inc. to David
Davenport, Bu;lding Department, indicating that East
Bay Development Corp., which is developinQ The
Island at Imperial Golf Estates, is paying Systems
Development fee for water in protest of the increase
as a result of Ordinance 80-94. Filed.
2. Letter dated 11/21/80 from Robert Dorolek, Manager,
Turtle Lake Golf Colony Assn., transmitting copy of
letter dated 11/10/80 from Richard L. Klaas, Quail
Run Country Club, flOOding problems 1n their areas.
xc Mr. Barksdale; County Manager Norman; filed.
3. Copy of letter dated 11/25/80 from Heinrich O.E.
Schmid, M.D., District Medical Examiner, to Dr.
William Cox appointing him as Associate Medical
Examiner for District Twenty. Filed.
4. Copy of letter dated 12/3/80 from Lyle S. Richardson,
President, Naples Civic Association re Association's
Board meeting on 11/20/80 and discussion of financial
backqround of proposed transit system plus a copy of
questions requested by meeting speaker, Mr. Barksdale.
xc Mr. BarkSdale; filed.
&OO~ 058 PAC{ 2to
BOOK 058 PACE 24J
December 9, 1980
5. Copy of letter dated 11/26/80 from Jeffory Perry,
ZoninQ Director to Reed & Associates, Inc., responding
to a memo from County ManaQer Norman confirminQ aQree-
ment by Mr. Michael D. Carter, acting aQent, re
Public Nuisance Notice U8065. Filed.
6. Letter dated 12/4/80 from E. Glenn Tucker, attorney
for the Vanderbilt Beach Property Owners' Assn.
transmitting copy of letter from Mr. Tucker to County
Attorney Pickworth dated 12/4/80 re Beach access _
Conners Vanderbilt Beach Estates. xc County ManaQer
Norman, Mr. Terry Virta; filed.
7. Letter dated 12/+/60 from Ronald L. Meserve, Executive
Director, Collier County Mental Health Clinic, Inc.,
re The Myers Act/Alcoholic Program. xc Sheriff Rogers;
County Manager Norman; filed.
8. Letter dated 12/2/80 from R. C. Bramham re zoning of
acreage in Golden Gate Estates; xc Mr. Virta, Planning
for response; filed.
9. Letter dated 12/1/80 from Carl Fruechtemeyer, Manager
Marco Villa, re health permits and parking spaces
needed for Storage Highlands, located on Front Street,
Marco Lake Drive & 6th Street, Marco Island, Florida.
xc Dr. Cox: County Manager Norman; filed.
10. Letter dated 12/3/80 from Lee E. & Myrna A. Barnes
p~otesting approval of Pet. R 80-37C addressed to
CAPC on 10/15/80. xc Mr. Terry Virta; filed.
11. Five letters dated 12/2/80 from Mr. and/or Mrs.
James P. Flynn protesting approval of Petition
R 80-37C addressed to CAPC on 10/15/80. xc Mr.
Terry Virta; filed.
12. Letter dated 12/4/80 from Senator J. W. "Bill" ~tevens
re Collier County Courthouse Office Space. Filed.
13. Letter dated 12/3/80 from Commissioner Jim Martin of
Columbia County, Florida (District 2) re overcrowding
of prison facilities. xc County Manager Norman, Sheriff
Rogers; filed. .
14. Copy of Minutes of Naples City Council dated 11/5/80.
Filed.
15. Economic Impact of the Florida Army and Air National
Guard report dated 11/12/80. Filed.
16. Copies of Collier County Social Service reports for
the months of September and October 1980. Filed.
17. Public Service Notices as follows: (Filed and/or referred)
a. Docket No. 790996-PU re extension of time on Answers
to Interrogatories. (Filed)
b. Docket No. 790847-EU re amended notice of hcarinQ
for complaint aQainst Florida Power and LiQht Co.
(Filed) .
December 9, 1980
c. Docket No. 800414-GU re application for rate increase
by Florida Public Utilities Company for gas divisions.
(Filed)
d. Docket No. 800595-EU re amended notice to Tampa
Electric and all other interested parties - applica-
tion by Tampa Electric Co. for certification of
proposed 417 Megawatt llet Coal Fired Big Bend Unit
No.4. (Filed) .
18. Copy of HUD report dated 11/20/80 re local achievements in
Minority Business Enterprises and ~omen-~~ed Business
Enterprises. (xc Community Development and filed)
19. Copy of CPD and Progra~ Related Hun Staff Directory
dated 11/19/80. (xc Co~nity Development and filed)
20. Report from Mr. M. Dan Nickel regarding C.T. zoning
in Golden Gate Estates. (xc Co~unity Development
Director Terry Virta and filed).
21. Memo dated 12/2/80 from Roland Eastwood, Executive
Director, SWFRPC, transmittine Council membership
list dated 12/1/S0, re restructing Council membership.
(Filed) ,
22. Letter dated 12/5/80 from Paul Gunther-~ohr, President,
Pine Ridge Civic Assoc., protesting approval of
Petition IINZSO-1SC requesting amendment to the Pelican
Bay Site Plan. (Filed)
23. Letter dated 11/29/80 from Mr. Walter Diem, President,
Florida Association of Railroad Passengers, trans-
mitting a copy of a letter dated 9/18/78 from Congress-
man L.A. "Skip" BafaHa to Alan S. Boyd, Pres., National
Railroad Passenger Corp., plus a copy of Lee County
Commission Resolution 80-10-91 and requesting amendment
to said resolution to in~lude servie. to Fort P.yers and
Collier County. (xc County Manager Norman and filed)
24. Letter dated 11/24/S0 from Sandra M. Whitmire, Bureau
Chief, Deparament of Community Affairs, Division of
Public Safety Planning and Assistance, transmitting
copy of highway safety erant for $36,200 plus instructions
for submitting quarterly progress reports. (Filed)
25. P.emo dated 12/4/80 from Community Development
Administrator Virta re complaint regardinp. Collier
Bay Apts. (Filed)
800.< 058 /'ACE 242
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BOOK 058 PAGE 243
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December 9, 1980
There being no further business for the good of the.
COunty, the meeting was adjourned by order of the Chair
at 3:50 P.M.
ATTEST:
WILLI
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EX OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
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