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BCC Minutes 04/22/1980 R - - - - .~ ;;1 L~__i ..1 I! ~I ." ./ Naples, Florida, April 22, 10~1 LET IT BE REMEMBERED, that the Board of County Conmissioners 1n and for the County of Collier, also 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 9:00 A.M. in Regular Session in Building "F" of the Courthouse Complex with the following members present: CHAIRMAN: Clifford Wenzel VICE-CHAIRMAN: Thomas P. Archer John A. Pistor C. R. "Russ" Wimer David C. Brown ALSO PRESENT: William J. Reagan, Clerk; Harold L. Hall, Chief Deputy Clerk/Fiscal Officer; Darlene Davidson and Jean Swindle (10:30 A.M.), Deputy Clerks; C. William Norman, County Manager, Donald Pickworth, County Attorney; Anthony Pires, Assistant County Attorney; Terry Virta, Community Development Administrator; Danny Crew, Planning Director; Richard Henderlong, Plann'lr; Thomas Hafner, Public Safety Director; Jeffory Perry, Zoning Director; Clifford Barksdale, Public Works Administrator/ County Engineer; Mary Morgan, Administrative Aide to the Board; and, William McNulty, Communications Coordinator, Sheriff's Department. BOARD OF COU~TY COMMISSIONERS AGEtlDA April 22, 1980 NOTICE: ALL PERSONS SPEAKING ON A~Y AGENDA MUST REGISTER PRIOR TO THE ITEM BEING HEARD. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS ~IHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED I~ WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS" AT 11 :00 A.M. 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA BO:l.< 052 PACE 640 " j t: ,. ~ ~ ~ I,f,' 'i I ~ II ~ 1 I ~ r -", ... ~~~~,!~,.,'" ~"~"'';,;,:-:'':' l_~! ] I....~J April 22, 1980 18. PUBLIC PETITIONS 19. ADJOURN WORKSHOP AGENDA (after conclusion of the above agenda) 1 .;; Status Report reo County Water Supply, Treatment and Distribution System by Consultant Smallwood; Proposed alternatives to financing said project. . AGENDA - APPROVED WITH AUDITIONS Commissioner Pistor moved, seconded by Commissioner Archer and carried unanimously 5/0, that the agenda be approved with the following addi tions: a. A workshop has been scheduled for today re financial alternatives for funding the County Water Transmission, Treatment and Distribution System. (BCC action 4/15/80) b. Acceptance of check for rental for one year from U. S. Coast Guard, Flotilla 95 - added as Item #5 c. Problem re lots and trailers on Plantation Island - added as Item #15 MINUTES OF APR[L 1, 1980 - APPROVED AS PRESENTED Commissioner Archer moved, ~econded by Co~~issioner Pistor and carried unanimously 5/0, that the minutes of April 1. 1980 be approved as presented. CHECK FOR $1.00 ACCEPTED FROM U.S. COAST GUARD, FLOTILLA 95 FOR ONE YEAR'S RENT FOR TOLL BOOTH BUILDING ON MARCO ISLAND BRIDGE Pursuant to Commissioner Pistor stating the old toll booth that has been rented by the County to the U. S. Coast Guard, Flotilla 95 to be used for their headquarters was dedicated on Sunday, April 20, 1980, and that he attended said dedication and was presented.with a check for $1.00 for the first year's rent, Corrvnissioner Archer moved that the Board accept Lhe check. Commissioner Pistor seconded the motion, and it carried unan imous ly 5/0. MOK 052 PACE 644 -~ - -- -A-- - '. -~--'-'---'--"'''' &OO~ 052 PAGE 645 Apri 1 22, 1980 ORDINANCE NO. 80-40 RE MANDATORY LETHAL YELLOWING INOCULATION AND TREATMENT - ADOPTED Legal notice having oeen published in the Naples Daily News on April 2. 198D as evidenced by Affidavit of Publication filed with the Cler~, public hearing was opened to consider the adoption of an ordinance re mandatory inoculation and treatment of trees for lethal yellowing. Assistant County Attorney Pires stated that he has drafted a proposed ordinance regarding the mandatory inoculation and treatment pursuant to Board direction and that the proposed ordinance will supersede the Emergency Ordinance No. BO-32. He pointed out the following amendments that he recommends be incorporated in the final draft for the Chairman's signature: 1. Section One, Public Nuisance - a more clear definition shall be incorporated into this section regarding "coconut palms". Same shall read "coconut palms of the species cocos nucifera, except for golden malayan species". 2. Section Six, line three - the words "by themselves" after the word inoculated. This allows the property owner the choice of doing the inoculation himself or having it done professionally. 3. Section Fourteen, Effective date - The effec.ive date shall be July 1, 1980, rather than "upon becomi~~ Jaw". Commissioner Pistor pointed out a typographical error in Section Six, and said th'lt thl? sixt.h word reads "with" and should read "wish" and Mr. Pires concurred. Hearing no one was registered to address the matter, Commissioner Archer moved to close the public hearing. Commissioner Pistor seconded the motion and it carried unanimously 5/0. Commissioner Archer moved, second~d by Commissioner Pistor and carried unanimously 5/0. that the ordinance as numbered and entitled below be adopted and entered into Drdinance Book No. 11, same having been a~ended as described by Mr. Pires and Commissioner Pistor. II -'--~~'''''''''- \ - .....~ - -- -- - ,~;' , y..':" .'. j' .. ' ~... . I.___I J April 22, 1980 ORDINANCE NO. 80-~ AN ORDINANCE ESTABLISHING A I1ANDATORY LETHAL YELLOWING DISEASE INOCULATION PROCnAM; DECLARING COCONUT PALMS INFECTED WITH THE LETHAL YELLOWING DISEASE TO BE A PUBLJ.C NUISANCE; PROHIBITING THE SALE OF TIlE COCONUT PALM KNOWN AS THE JAMAICAN TALL; REQUIRING l1/\.NDATORY INOCULATIONS; PROVIDING FOR A PUBLIC NOTICE: PROVIDING FOR PROCEDURE TO INDICATE COMPLIANCE; PROVIDING NOTICE TO NON-COMPLYING PROPERTY OWNERS; AUTHORIZING ABATEMENT BY COLLIER COUNTY; PROVIDING FOR A PUBLIC HEARING ON THE EXISTENCE OF A NUISANCE; PROVIDING FOR ASSESS- MENT ON PROPERTY ~iEREIN A NUISANCE IS ABATED BY COLLIER COUNTY; PROVIDING A HEARING TO CONTEST AN ASSESSMENT; PROVIDING A I1ETHOD OF SERVING NOTICE TO PROpeRTY OWNERS; CONFLICT MID SEVERABILITY; PROVIDING FOR PENALTIES; ESTABLISHING AN EFFECTIVE DATE. PUBLIC HEARING RE PETITION R-79-10C (FISHERMAN'S COVE) CONTINUED FOR ONE WEEK Legal notice having been published in the Naples Daily News on ~1arch 21, 1980 as evidenced by Affidavit of Publ ication filed with the Clp.rk, public hearing was opened to consider Petition R-79-10-C, Whispering Pines. Inc.. requesting a rezoning from "RM-2", "RM-2ST, "RM-1" and "RM1-ST" to "GC" Golf Course and "GC-ST" Golf Course Special Treatment for property located in Sections 11. 14 and 23, T50S, R25E which is 10(lt~1 between Kelly Road and the City limits for property known as Fisherman's Cove. Planner Richard HenderluJIY ~Ldted that the staff's recorrmendation regarding Petition R-79-10-C i~ that the Board not hear the Petition at this time, and that the petitioner, Lloyd Sheehan, refile his petition and subsp.quently present it before the CAPC again prior to presenting it to the BCC for final action. He said that this recommendation is based on the memorandum from Assistant County Attorney Pires, dated 4/22/80, in which Mr. Pires states that this is the correct procedure to follow because Mr. Sheehan has previously requested and was granted a withdrawal of said petition on January 8. 1980. COJTJT1issioner Wimer stated that he has been requested to continue Petition R-79-10C fo~ one week, and Chairman Wenzel asked the petitioner if he would agree to this? BOOX 052 PACE 646 if , , - - --- . . '} :,.__._-~ -.....- BOOK 052 PAGE 647 April 22, 1980 Mr. Daniel Conley, Attorney for the petitioner, agreed to the deferment for the purpose of meeting with County Attorney Pickworth t~ discuss the aforementioned legal 6pinion regarding the necessity for refillng petition R-79-lOC. Ile said that he wishes to have the opportunity to show cause for not having to ref!le the petition. Mr. Pickworth stated that he concurs with Mr, Pires' legal opinion; however, in fair- ness to the peti tioner, he is ~,; 11 ing to put off a decision by the Board as to whetller or not they should in fact hear lhe petition as the petitioner requests, and he noted that he is willing to meet with Mr. Conley and give him the opportunity to point out legal reason that would substantiate the petitioner's position in the matter. Commissioner Wimer moved to continue the public hearing for one week, and Commissioner Pistor seconded the motion. County Attorney Pickworth stated that the Board could decide whether or not they would hear the petition at the next meeting, and Chairman Wenzel asked if there was anyone registered to address the matter. Mr. Arnold Lamm stated that he Objected to not having the public hearing at this time, as he cannot be here next week, and will be out of the County until after May 15, "',::" otherwise, he re'~uests the matter be continued until after May 15, 1980. He said it is his opinion that, legally, the subject petition should be canceled, because it was withdrawn, and the petitioner be required to resubmit the petition and go through the steps required of any new rezoning petition. He referred to a l~tter dated 4/16/80 in which he outlined his position, and at that point Chairman Wenzel asked for County Atco.ney Pickworth's recommendation. Mr. Pickworth stated that the Board may wish to continue the matter of deciding whelher or not to hear the subject petition, during next week's meeting, and at that point in time, a public hearing can be scheduled for after May 15, so as to allow Mr. Lamm to be present, if the Board is to hear the petition at all; and, if the petition is to be refiled, then, the CAPC hearing can be scheduled for after May 15, 1980 also, ...--..-,. ,- - -~- Ll ", '-~. ; ".'.., ...~ ---';"l~' 'f "\1 . 1.__.1 -] April 22, 1980 Mr. Lamm objected, and stated that he wants the hearing to proceed and if it is not to continue, he wishes to go on record as strongly objecting because he feels the Board is denying his rights to attend thA subject p~blic hearing. Commissioner Pistor explained that the only thing that will be considered next week, at the time that Mr. Lamm will not be able to attend, will be the technicality regarding the proper procedure for cithcr hcaring the ~ubjcct petition or rejecting ~ame and requir~ng the petitioner to refile a new petition. Chairman Wenzel stated that if the petition is found to be invalid, then, all subsequent hearings, i.e. C.A.P.C., will be scheduled for after May 15, 198D, and if the subject petition is found to be a val id one, then, the public hearing before the OCC will be scheduled for after May IS, 1980. Attorney Conley stated that next week there is to be a decision on whether or not the Board is to hear the petition, and that it will not be a publ ic hearing; therefore, no one has a right to be heard. Chairman Wenzel agreed and stated that only the merit of Petition R-79-10C will be considered. Mr. Conley stated that tile pet1 tioner has no objections to scheduling the public hearing after May IS, and Commissioner Archer then asked Mr. Lamm if he has seen the memvrandum regarding the legal opinion of the County Attorney's office and Mr. Lamm stated that he has not. Commissioner Archer gave Mr. Lamm a copy of same memorandum and i Mr. Lamm relinquished the floor to Mr. Baird McLain. Mr. McLain stated that he 3nd other residents opposed to the petition have come to public hearings time and time again, only to find that the public hearing has been deferred for another time. He requested that Mr, Lamm's statements be considered, and that the entire matter be scheduled for after May 15. 1980. *9:22 A,M. - Cummissioner Wimer left the room. Mr. r~cLaill asked if the publ ic will be allowed to attend the meeting between the petitioner and Mr. Pickworth? Mr. Pickworth replied negatively, explaining that there will be no public meeting, and that it is his opinion that the petitioner will probably submit their arguments in writing for his consideration. 8Oa~ 052 PACE 648 , (' "-- . '...... I. ), -.-..-- ,---- / ~ MOK 052 mE 649 Apdl 22, 1980 I Chairman Wenzel and Commissioner Archer clarified the object for the continuation of the ~'Jbl ic hearing for one week, as to allow for the retitioner to respond to the legal opinion set forth in Mr. Pires' memorandum and as explained today, specifically, that the subject petition is no longer valid, because it has been withdrawn, and that the petitioner needs to refile his petition for a rezoning and present same before the CAPC prior to a publ fc hearing before the BCC hearing. * 9:27 A,M. - Commissioner Wimer rejoined the meeting. Upon call for the question, the motion on the floor carried unanimously S/O. PETITION FDPO-BO-V-7. WILLIAM SLOCUM - DEFERRED FOR TWO WEEKS TO S/6/80 BY REQUEST OF PETITIONER Legal notice having been published in the Naples Daily News on April 6, 1980 and in the Marco Island Eagle, on April 10, 1980, as evidenced by Affidavits of Publication on file with the Clerk, public hearing was opened to consider Petition FDPO-8D-V-7, filed by William Slocum, requesting a variance from the minimum base flood elevation as required in the Flood Damage Prevention Ordinance No. 79-62. Planning Director Oanny Crew stated that the petitioner has requested that Petition FDPO-80-V-7 be continued for two weeks. Ccmmissioner Archer moved, seconded hy Commissioner Pistor and carried unanimously S/O, that Petition FDPO-80-V-7 be continued for two weeks, until May 6, 1980, as requested by the petitioner. ORDINANCE NO. 80-41 RE PETITION CP-79-13C, THE COMMONS, FOR COMPREHENSIVE LANO USE AMENDMENT FDR PROPERTY LOCATED IN SECTION 34, T49S, R25E - ADOPTED Legal notice having been published in the Naples Daily News on April 7 and 16, 1980 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition CP-79-13C, filed by John T. Conroy for Anthony V. Mincolla, requesting a Comprehensive Land Use Amendment from 6.22-30 Residential Land Use to Commercial Land Use for property located in Section 34, T49S, R2SE, which lies on the east side of Goodlette Road between Renfroe Landscaping and Goodlette Arms Apartments. "._, , fr I' :1 Ii f. .......- --- - -.~=----_. L___L .J April 22, 1980 Planner RIchard Henderlong presented the subject petition, and pointed out the gener~l location on overhead maps and stated that the subject petition is a companion petition to two other petitions that are be 1 ng pre sen ted today. He sa i d tha t thf! property will be deve 1 "'ped as a PUD for professional office parK, and related residential uses; is approximately 52 acres in size; is located approximately 1 mile south of Golden Gate Parkway, and, lies adjacent to Goodlette Road. Pursuant to describing the various zoning surrounding the proposed site, /k. Henderlong stated that the proposed development is referred to as "The Corrmons" and then related the various staff cOl11T1ents regarding their review of the subject petition as more fully defined within the Executive Summary. He concluded his presentation by saying that both the CAPC and the staff recommendation is for approval by the Board. Planning Director Danny Crew stated that the proposed project is anticipated at approximately a 20 year build-out. He noted that one concern the CAPC had regarding the subject petition was that it was not accompanied with a specific site plan relative to the various kinds of buildings and the types of buildings that will eVFntually be constructed in the proposed project. He added that the developer has agreed to come before the CAPC, with each plan for a building as it comes up over the npxt ?O ypars, and that the approval of said buildings from the CAPC is required prior to construction of each one. The petitioner was represented by Mr. Thomas Peek, of Wilson, Miller, Barton, Soll and Peek. Mr Peek stated that also present was Mr. Jack Conroy, the petitioner; Mr. Jack Barr, the traffic planner for the project; Ray Link, the Environmental Consultant for the project; and Wafaa Assaad, the Planner for the prcject; and, that all of these gentlemen will be happy to answer any questions the Board might have regarding "The Commons". He pointed out various components of the project on various drawings and maps and stated that currently the City water supply can be tapped onto for the proposed project; however, sewage disposal is not available eoa~ 052 PAGE 650 11':- " }, II' 0' I aOOK 052 fACE 651 April 22, 1980 ilt this time. He said that there will be a temporary package treatment plant for sewage, and that plans to connect to the County system in the future, when available, are being made. Mr. Peek stated that all the traffic questions have been adJressed by the Traffic Planner and all the County r~q'Jiref11('nts have been met, and he pointed out the fact that there will be no new outlets onto Goodlette Road, as The Commons will share the same access road as the Racquet Club is using now and that same access will be widened and resurfilced by the developer of The Commons. lie slated that lhe density requirell1ent~ for the property will be lower . with the development than they were with the original zoning, and only up to IDO dwelling units will be constructed in The Commons. Mr. Peek explained the water management aspects of the project as well as the fact that certain existing "wetland" or "mangrove areas" will be set aside and preserved in their natural state. He stated that what is proposed and is set out within the proposed PUD to come before the Board later today is that the maximum amount of floors for anyone building be 6 occupied floors, over 2 floors of parking and together they shall not be over 80 feet in height. After a brief discussion regarding the location of the proposed project relative to the airport landing strips, runways, and downwind pattern and after being assured that there will be no conflict between the two, ~Ir. Jack Stanley, representing the petitioner addressed the Boa rd. Mr. Stanley stated that he is related to the owner of the subject property, and that at one time the only person who has offered opposition to the proposed development has been Dr. Hussey, who sent his objections via letter. Mr. Stanley said that Dr. Hussey and his uncle, Mr. Mincolla, were involved in a business venture regarding the subject property, and that it is his opinion that Dr. Hussey's objections to the proposed project are based on his feeling that the property would be best developed as a medical facility or a nursing home type of venture, as he had hoped at one time to develop himself. He stated that Dr. Hussey no longer has any interest in the subject property. .. r ... " ,. L-.] (_~.J April 22, 1980 Mrs. Francis Hussey, representing Dr. Hussey, stated that contrary to what Mr. Stanley has said, she and her husband are objecting to the proposed development becausp of the lack of definitive plans for the type of buildings that will be built within said development. Commissioner Wimer moved to close the public hearing and Commi~sioner Archer seconded the motion which carried unanimously. Conmissioner Wimer moved, seconded by Commissioner Pistor and carried un~nimously 5/D, that the Ordinance as numbered and entitled below re Petition CP-79-13-C, as filed by John T. Conroy for a Comprehensive Land Use Amendment, be adopted and entered into Ordinance Book No. 11. ORDINANCE 80- 41 AN ORDINANCE AMENDING ORDINANCE NO. 79-32 THE COMPREHENSIVE Pw\N FOR COLLIER COUNTY, FLORIDA, BY AMENDING THE LAND USE ELEMENT WORK STUDY AREA MAP NUMBER 12 RESIDENTIAL 6.22-30 TO COMMERCIAL LAND USE ON THE FOLLOWING DESCRIBED PROPERTY: PROPERTY LOC^TED IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 25 EAST ON THE EAST SIDE OF GOODLETTE ROAD "NO BY PROVIDING AN EFFECTIVE DATE ORDINANCE NO. 80-42 REZONING PROPERTY KNOWN AS "THE CO~'''''ONS'' FROM "RM-l", "RM-2" to "A-ST" TO COMMERCIAL PUD, SECTION 34, T49S, R25E - ADOPTED SUBJECT TO STAFF AND CAPC STIPULATIONS Legal notice having been published in the Naples Daily News on ~~rch 21, 1930 J~ evidenced by Affid~vit of Publi~ation filed with the Clerk, public hearing was opened to consider Petition R-79-45-C, filed by John T. Conroy for Anthony V. Mincolla, requesting a rezoning from "RM-l", "RM-2", and "A-ST" to Commercial "PUD" for property located in Section 34, T49S, R25E, and situated on the east side of Goodlette Road between Renfroe Landscaping and Goodlette Arms Apartments. In light of the fact that the subject petition is a companion petition ~o previous Petition CP-79-13C which has been approved, and upon noting that there were no further persons who wished to address the subject petition, Commissioner Wimer moved to close the public hearing. Commissioner Pistor seconded the motion which carried unanimously. 800X 052 PACE 652 - .ill - MO~ 052 PACE 653 April 22, 1980 Commissioner Wimer moved, seconded by Commissioner Pistor and carried unanimously 5/0, that Petition R-79-45C be approved, subject to staff and CAPC stipulations as contained in the Executive Summary; and that the Ordinance as numbered and entitled below be adopted and entered into Ordinancol Book No. 11. ORDINANCE 80 -~ AN ORDINANCE AMENDING ORDINANCE 76-30, TilE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AHE^ 01-' TilE COASTAL AREA PLANNING DISTRICT BY AMENDING THE ZONING ATLAS MAP NUMBER 49-25-B BY CHANGING THE ZONING FROM "RM-2" MULTI FAMILY, "RM-l" MULTI FAMILY MD "A-ST" AGRICULTURE SPECIAL TREATMENT TO "pUD" PLANNED UNIT DEVELOPMENT ON THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF SECTION 34, TOWNSHIP 49 SOUTH RANGE 25 EAST ON THE EAST SIDE OF GOODLE~TE ROAD DEVELOPMENT ORDER NO. 80-1 RE PETITION DRI-79-1-C FOR "THE COMMONS" APPROVED Legal n0tice having been published in the N<.ples Daily News on February 17. 1980 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition DRI-79-1-C, an application filed pursuant to Section 380.06, Florida Statutes, from Anthony V. Mincolla/John T. Conroy, for development approval for a Development of Regional Impact for property located in Section 34, T49S, R25E, situated on the east side of Goodlette Road. In light of the fact that this is a companion petition to Petitions CP-79-13C and R-79-45-C, which were approved by the Board earlier today, and noting that there were no further persons who wished to address the subject petition, Commissioner Wimer moved, seconded by Commissioner Pistor and carried unanimously, to close the public hearing. Commissioner Wimer moved, seconded by Commissioner Pistor and carried unanimously 5/0, that Development Order No. 80-1 re Petition DRI-79-1-C be approved. "!"~--'., ^ ......... f ~ -" '... . 'tji '. I, '''Ii .. eO!lK 052 PAGE 005 April 22, 1980 ~, PETITION R-80-5-C, LELY ESTATES INC., REQUESTING REZONING FROM "PUD" TO "PUD-ST" FOR PROPERTY IN SECTIONS 6 & B, T48S, R2SE - KNOWN AS BAREFOOT BEACh - DENIED legal notice having been published in the Naples Daily News on March 21, 1980 as evidenced by Affidavit of Publicatio~ filed with the Clerk, public hearing was opened to consider Petition R-80-S-C, as filed by Lely Estates, Inc., requesting a rezoning from "PUDlO to "PUD-ST", for property located in Sections 6 & 8, T48S, R25E, for the northeastern and southeastern conservation areas of Barefoot Beach PUD, located southeasterly of the recreation center. Planner Richard Henderlong explained that the subject petition is for a rezoning of th~ Garefoot Beach PUD, specifically for the designation of lOST" on that portion of the PUD that is presently designated as conservation area .0". He added that the purpose in obtaining the "ST" on the "0" property is to allow the applicant to make use of the "ST/TDR" process, whereby the appl icant can transfer the development rights of the "ST" land to a more suitable location; this transfer of development rights does not have to be to lands that are contiguous to the Barefoot Beach property. Mr, Henderlong went on to say that staff has reviewed the subject petition; that the intent of the "ST/TDR" concept is to provide for the protection and the preservation of environmentally sensitive lands; and that the ~tJff fccl~ that the ~ubject land w~s previously the subject of rezoning negotiations in 1977, during the approval process of the PUD Ordinance No. 77-48. He said that during the "give and take" process of approval for the aforementioned PUD, the subjer~ lands were placed in a perpetual preservation status; therefore, because the petitioner has previously received compensation, and because the lands are already preserved, there is no need for the "ST" designation; and, the subsequent issuance of TDR's would constitute "double compensation" for the same property. Mr. Henderlong stated that based on the above-referenced reasons, staff recommends denla~ of Petition R-80-5C. Regarding the CAPC hearings on March 20, 1980 and April 3, 1980, concerning the subject petition, Mr, Henderlong noted that during the former meeting, the CAPC requested a legal opinion from the County Attorney " I ~ ___ ! .J I.__J i April 22, 1980 regarding "double compensation" and that same was offered by Mr. Pires during the latter meeting. He reported that Mr. Pires told the CAPC that he could not determine whether or not the designation of the subject lands for preservation was a determinant; however, the preserved land designatio:1 within the PUD is for the same inte"t as an "ST" overlay and ! I il ;1 there is no need for the requested."ST" overlay. Mr. Henderlong also said that, at that time, Mr. Pires reported to the CAPC that there is the problem of setting a precedent to be considered, and that if this request is granted regarding the "ST" overlay on presently zoned lands within a PUD, then, perhaps there might be a trend towards prior PUD's requesting "ST" overl ays, strictly for the use of "TDR'S". iI ., ;1 II Ii :1 I. i'! ;') il II ~ 'I II J 'l :! i J I I I Mr. Pires stated that CAPC reccmmends denial of the subject petition because of the pri nc i p 1 e tha t "a fter~ the'fact" "S}" and "TDR" actions are not advisable; and, that "PUD's" should not have "ST" overlays on them because the "ST" areas are protected already as part of the "PUD" Ordinance. Mr, Louis Capek, representing the CAPC, stated that he concurred with the report made by Mr, Henderlong, and that the CAPC is very concerned with "setting a precedent" in this case, Mr. William Vines, Urban Planner, representing the petitioner, stated that he is presenting two petitions today; the first of which is a petition for a rezoning from "PUD" to "PUD-ST", for the purpose of making the application possible for TDR's that will be submitted later today, if the subject petition is approved. Mr. Vines gave the rationale for the approval of the subject petition as being simply that the proposed area for the "ST" is mangrove-wetlands; is identified as, and must be, preserved in its natural state; is shown in the Comprehensive Plan as an area of environmental sensitivity and, therefore, he regards the "ST" designation to be entirely in order. He said that if the Board agrees, then, the second matter of the remaining petition becomes el igible for consideration, Planning Director Danny Crew concurred with the purpose of the designation "ST" as covered ear1ier by Mr. Henderlong and reaffirmed the position of the Planning Department as one of not feel ing that the "ST" BO~~ 052 PACE 666 . " } \ ...-.-.--"-.. -. _. 'j --1 I i' MDK 052 PACE 667 April 22, 1980 is neccssary in order to preserve the area in question, as it is presently preserved withl~ the PUD Ordinance. He covered the so-called "compensa- tion" that the developer of Barefoot Beach received during the "give and take" process of developing the PUD Document, and that although he, per- sOllally, is in favor of the "ST/TDR" process, he feels that this particular request Is not a valid one because the developer has already received his just compensation for the lands in question. Attorney George Vega, representing the petitioner, stated that he categorically denies his client received any compensation for the designa- tion of the subject lands presently identified as Conservation area "0", within the Barefoot Beach PUD. He said that he feels that any legal problem should be addressed by the County Attorney, and that he has spoken to him and that he has not becn able to substantiate via tapes and minutes of the hearings, etc. during which the subject PUD was developed, any proof of compensation to the developer for setting the subject property aside as a preserved area. He also stated that when the subject PUD was developed, it was reccived very well by the County as it is a single- family developmcnt and not multi-family, thercfore has a low density ratio; then, suddenly, when the developer is filing for the "ST/TDR" process, as pointed out to the pctitioner by Neno Spagna, who was the Community Oevelop- ment Administrator for the County at that time, as the "thing to do be<:alJse the developer is entitled to it", the County is claiming "double compensa- tion". Hc furthcr pointed out that it is his feeling that the petitioner is requesting the zoning change and should be granted same, because the entire process "fits exactly into the TDR Crdinance". He stated that the developer of Barefoot Beach is entitled to any benefits and encouragement that are outlined within the TDR Ordinance, for the setting aside and not developing environmentally sensitive lands. Comnissioner Archer a~ked Mr. Vega when Mr. Sapgna spoke to him, and encouraged him to have his client, the petitioner, make the request for the "ST" overlay? Mr. Vega stated that Mr. Spagna had spoken to him on several occasions, some three months ago. Commissioner Archer clarified what he feels constituted the original compensation, and stated that the staff is referring to set-backs, I' ., ...- .. ,-- . ! I, !I Ii 1 ! 0- - w_ - ~. __'l.."",;", ."....' " ..'J' " )::1:' [__.1 J ....J April 22, 1980 encroachments, etc. rather than "density trading-off" as referred to by Mr. Vega He said that this compensation took place as part of the "give and take" process of developing the subject PUD. He said that in light of this fact, he sees no reason for additional "giving and taking" at this time; howeVer, he does see a possible so-caned "double-dipping" of sorts, if additional compensation is given. Mr. Vega responded that he is not aware of any so called "double-dipping" because when the PUD was developed, he is not aware of any compensation at that time. He added that he considers the "TDk" process as an "encouragement" to developers for going "low-density" rather than "high-def1sity" for a particular parcel of land. Commissioner Archer responded that he considers the "encouragement" that took place was regarding a planned "nit development, and that if the Board is to go into the record to substantiate any "give and take" conversations that might have taken place between the developer and the staff in order to develop the subject "PUD" then, perhaps the best thing to do is to do away with that type of system, and come before the Board, on record, and do any bargaining that may be necessary to satisfy both parties. He said tha t he is aware tha t there was no "TDR" process at the time of the development of th"! PUD. however, he said there was some "swapping" of " th i s for tha t" at tha t time. Chairman Wenzel asked Planning Director Crew to explain exactly what the petitioner will be gaining if the subject petition is approved, if there is no density to be achieved. Dr. Crew stated that if the "TDR" process is to be granted, then, the petitioner will be able to increase the density of lands other than Barefoot Beach. Dr. Crew ~tated that he has spoken with Dr. Spagna, and he relayed to the Board that when Dr. Spagna encouraged the petitioner to come forward and request the "ST" designation for the "TDR" process, he was not aware of the fact that the developer was planning to do so for lands set out as preserve in the original PUD, and that it was not until Dr. Crew showed Dr. Spagna the relative maps, that he became aware of this. Dr. Crew stated that there was some confusion over the exact BOOK 052 PACE 668 ....._.t_ ". BOOK 052 PACE 669 . April 22, 1980 intent of the developer and that Dr. Spagna had misunderstood same intention~. He added that density is not the only type of compensation that can be received by a developer during the "give and take" process of developing a PUD. He said that in the case of this particular PUD, the compensatiol~ was in the form of various challges in land use amon~ other things. He urged the Board not to look at "compensation" as only regarding density. There was some discussion regarding the encouragement of Dr. Spagna towards the developer; the beJrlng that this encouragement has had on the petitioner; and various concerns regarding these matters as expressed by Chairman Wenzel and Commissioner Archp.r. Mrs. Charlotte Westma~, representing the League of Women Voters, addressed the Board and strongly opposed the subject petition, citing her reasons as the problem with setting a precedent; the fact that there was previous compensation; and the lack of necessity for an additional layer of "protective measures" for lands already protected in the PUD document. She read parts of the EAC meeting of March 19, 1980, during which the subject petition ~~s reviewed, and expressed her feeling that there is evidence of i I the aforementioned facts within same. She also brought forth the fact that the petitioner has in mind to deed the subject lands over to the Collier County Conservancy, as noted within the aforementioned EAC minutes. Mr. Vines stated that the question of "ST" desigrlation has never been an issue; the issue is the staff's claim that the developer has received compensation; and, there is no proof of this compensation in the records. He said that the Board should remember that the developer has designed a development with very low density, and that this is in compliance with the Comprehensive Plan. He said that according to the TDR Ordinance, Lely Estates, Inc., is just going through the established procedures; and that If the Board is not happy with this, then, they should change the Ordinance. When asked by Commissioner Archer where the developer plans to use the "density compensation" arrived at through the TOR process, -- IIJ~- - ". - .~ ''';'''r. L..1 J I April 22, 1980 iF granted, Mr. Vines said that there are no specific plans regarding where they will be used. Commissioner Wimer asked Mr. Vines if the petitioner would sell the development rights, and Mr. Vines stated that the relative Ordinance specifies that the developer may do so. Commissioner Wimer stated that he find" no fault with the petitioner; he was asked to make this appeal; and. he did so. IJe said that he is against the TOR process in general, as it is written within the TOR Ordinance. and that he cannot vote in favor of any "ST/TDR" requests under the guidelines of the present Ordinance. He apologized to the petitioner, for the position that he has been placed in by a member of the County staff, and also stated that he is in favor of "doing away" with the TOR Ordinllnce. or lit least amending it so as to specify that all transfer of development rights must be made to contiguous lands. He said that he has requested staff to study this matter in the past and is call ing for the same thing again, citing a conversation with Planning Director Crew earlier today during which Dr. Crew reported that developers are selling these "TOR's" in some areas for as high as $6,ODO; and his concern is with the question of "where is this density going to end up". Mr. Mike Zewalk, representing North Naples Civic Association, con- curred with Commissioner Wimer, and added that he was in favor of "TDR" only if the resultant density is to be on contiguous lands. Mr. \-lade Schroeder, past C.ClPC member, hrought forth the question of what would happen if someone were to purchase the "protected" lands for a small sum of money, and then the purchaser came before the Board and petitioned for the "TDR's" for that protected lands, same lands being designated "ST". County Manager Will iam NOnTIan stated that this is a legal question that will need to be addressed by the legal staff after study of the question. Assistant County Attorney Pires concurred, and added that he wants to make the Board aware that prior to the adoption of the subject PUD, the lands that make up the PUD were zoned various types of land; and, that a "rezoning" took place when the subject PUD was approved. He added that the subject "protected lands" were designated as "protected" at that time. BOOK 052 PAGE 670 - -'.T r -' - .. BOOK 052 PACE 671 April 22, 1980 Hearing that there was no one further to address the Board, Commis- sioner Arch~~ moved, seconded by Commissioner Pistor and carried unanimously that the public heuring be closed. Commissioner Archer moved, seconded by Commissioner Pistor and carried 4/1, that Petition R-BO-SC, as filed by Lely Estates, I~c., regarding the Barefoot Beach PUD be denied. Commissioner Browned voted against the denial, stating that he feels the Board members should stand behind their previous action regarding the adoption of the "ST/TDR" Ordinance. PETITION TDR-80-1-C, LE~;' ESTATES, INC., REQUESTING APPROVAL OF TOR FOR "ST" LANDS WITHIN BAREFOOT BEACH PUD - DENIED Legal notice having been published in the Naples Daily News on April 2, 1980 as evic~nced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition TDR-BO-l-C, as filed by Lely Estates, Inc., requesting approval of the TOR for liST" lands within the Barefoot Beach PUD, located in Sections 6 and 8, T48S, R2SE. Pursuant to Board action taken with the Companion Petition R-BO-S-C, presented for public hearing earl ier in the session today, and resulting in a denial of the petitioner's request for an "ST" designation for the lands in question re~arding the subj ect TOR request, it was the consensus of the Board to further deny the subject petition by official action. Hearing there was no one further to speak on the matter, Commissioner Wimer moved to close the public hearing. Commissioner Pistor seconded the motion and it carried unanimously. Commissioner Archer moved, seconded by Commissioner Pistor and carried with a 4/1 vote, that Petition TDR--80-1-C be denied. Commissioner Brown voted in opposition to the denial. The vote was verified by Clerk Reagan, as 4/1, with Commissioner Brown voting "No". 'f ...., .-- "'..... I - - IJ _._~.1..~-~____~ -, 1____1 . '_J April 22, 1980 PETITION V-80-7-C, HOLLAND-AMERICAN INVESTMENTS CORP., REQUESTING A VARIANCE OF THE REQUIRED 15' SETBACK FOR PARKING FACILITIES LOCATED ON LO':'::; 21, 28, 29, 30, 31, 32, 33 & 34, COLLIER CITY - CONTINUED TO 4/29/80 . .. . ,. Legal notice having been published in the Naples Daily News on Marcil 30, 19BO as evidt>nced by Affidavit of Publication filed with the Clerr., public hearing was opened for consideration of Petition V-80-7-C, as filed by Holland-American Investments Corp.. requesting a variance of the required 15' setback for parking facil ities located on Lots 21, 28, I Ir II I I. I I 29, 30, 31, 32, 33, and 34. Collfer City. Zoning Director Jeffory Perry presented Petition V-8D-7-C, and I I ~ }. stated that the request is for a variance from the 15' setback from the front of a building, as required in the "GRC" district. He said the Executive Summary contains the drawings of the existing and the proposed parking facilities relative to the petitioner's request, noting that the parking facilities are for an eXisting building in Old Marco Square. Mr. Perry stated that although the considerations regarding the reasons for the variance are valid, staff does not find the criteria has been met that would establish the required "hardship" on the part of the petitioner. He said that staff recommends denial of the subject petition. Chairman Wenzel asked if the Traffic Planner reviewed the petition and concurs with the recommendation. r1r. Perry an~wered affirmatively, clarifying the recommendation as being based on the lack of mp~ting the requirements for a legal hardship. Commissioner Pistor stated that after studying the draWings, he has discovered that two of the entrance ways onto Bald Eagle Drive will be eliminated through the new proposed parking facilities; and, that this would aid in the problem of traffic and accidents along same street in Marco. He stated that this consideration may not constitute any "hardship" on the applicant; however, it constitutes an advantage to the County, and to the residents in Marco. He cited several instances where accidents have taken place at or near the subject parking area; and, he stated that he was in favor of eliminating any traffic flow onto Bald Eagle Drive. Chairman Wenzel asked Assistant County Attorney Pires if a varianc., could be granted because of a "hardship" on the citizens of the County, BJ0K 052 PACE 672 ---- - _.. ........~.__ _____.___.o ._____ (.)' \ il: i MaX 052 fACE 613 April 22, 1980 rather than because of a "hardship" on the part of the petitioner? Mr. Pires answerb~ that the "hardship" relative to a variance must be on the prJperty owner himself. Commissioner Wimer stated that the request of the petitioner appears to be in the best interest of the public. and, that the ~ommissioners are here to serve the public safety and welfare. He asked if the Commissioners could act on behalf of the citizens' welfare regarding this petition? Mr. Pires pointed out that within Mr. Virta's addendum ~o tho Executive Summary, dated 4/2/80, the safety of the publ ic and the welfare of the citizens can be accomplished by the petitioner rearranging the parking by placing it adjacent to his building and putting his driving lanes in the setback, thereby reducing the number of driveways and still be in con- formance with the Zoning Ordinance. In answer to Chairman Wenzel's question of whether or not the applic~nt . Is wfll ing to meet the suggested rearrangement of the subject parking' arrangements, Mr. Darrell March of Marco Island Engineering, representing the petitioner, answered that the suggestions by Mr. Virt~ were discussed and found to be less than optimum because of the turning radius needed for case on the part of the drivers. and also the ease with which the drivers will have regarding access to the parking facilitie~ does not afford conforming to the suggested rearrangement. He referred to the "safety" aspects of the request and stated that many drivers now have to back out onto Bald Eagle Drive, and this will be remedied by his proposal; also there will be two additional parking places if his requested variance is approved. After a discussion regarding various alternative methods of design for the proposed parking area, and the suggestion being made that the Engineer study the matter further, Mr. March agreed to work up a new design, and incorporate some of staff's recommendations into S3me design. Commissioner Archer moved to continue the public hearing regarding Petition V-80-7C for one week. Commissioner Pistor seconded the motion and it carried unanimously 5/0. '--1 c- :. I - _...___ --....-..,;:';:-ot .', . ,. L._~I .J I ._' .'_J Apri 1 22, 1980 * * * Recess from 10:30 A.M. to 10:35 A.M. at which time the meeting was reconvened with Deputy Clerk Jean Swindle replacing Deputy Clerk Darl~ne Davidson and Commissioner Wimer absent for the remainder of the session. * * * PETITIUN CP-BO-4-C, BRUCE GREEN & ASSOCIATES, REQUESTING A COMPREHENSIVE LAND USE PLAN AMENDMENT FROM COMMERCIAL AND RESIDENTIAL 0-6.22 TO RESIDENTIAL 6,22-30 ON LOT 104, NhPLES GROVE AND TRUCK COMPANY'S LITTLE FARMS ND. 2 _ ADVERTISING AUTHORIZED FOR PUBLIC HEARING JUNE 3, 1980 Commissioner Archer moved, seconded by CommiSSioner Pistor and carried 4-0, with Conmissioner Wimer absent, that Petition CP-OO-4-C filed by Bruce Green and Associates requesting a Comprehensive Land Use Plan Amend- mcnt from commercial and residential 0-6.22 to residential 6.22-30 on L~t 104, Naples Grove and Truck Company's Little Farms No.2, be advertised for public hearing June 3, 1980. PETITION R-80-8-C, BRUCE GREEN & ASSOCIATES, REQUESTING REZONING FROM "GRC" GENERAL RETAIL COMMERCIAL AND "RM-1" RESIDENTIAL MULTI-FAMILY TO "PUD" PLANNED UNIT DEVELOPMENT ON LOT 104, NAPLES GROVE AND TRUCK COMPANY'S LITTLE FARMS NO. 2 - ADVERTISINC AUTHORIZED FOR PUBLIC HEARING JUNE 3, 1980 Commissioner Archer moved, seconded by Commissioner Pis tor and carried 4-0, with Commissioner Wimer absent, that Petition R-80-8-C, filed by Bruce 'Green and Associates, requesting rezoning from "GRC" general retail commercial and "RM-1" residential multi-family to "PUD" planned unit development on Lot 104, Naples Grove and Truck Company's Little Farm~ Ne. 2, be advertised for publ ic hearin!) June 3, 19RO. PETITION CCCL-80-l-C, WAFAA ASSAAD OF WILSON, MILLER, BARTON, SOLL & PEEK, INC.. REQUESTING A COASTAL CONSTRUCTION CONTROL LINE VARIANCE ON PROPERTY IN SECTION 16, T49S, R25', NAPLES CAY - DELETED PER PETITIONER'S REQUES T According to County Manager Norman's statement, he had received a request from the Petitioner asking that Petition CCCL-80-l-C be deleted until it can be heard with a companion petition at a later date. Com- missioner Al'chf'r moved, seconded by Commissioner Pistor and carried 4-0, with Conrnissioner Wimer absent, that Petition CCCL-80-l-C, be deleted from the agenda, to be heard at a later date. Boa~ 052 PACE 674 V' . .,,~~,._ ___ '. 1 -', B[)~~ 052 PACE 675 April 22, 1980 PETITION NZ-80-2-C, COUNTY PLANNING DEPARTMENT, REQUESTING AN AMENDMENT TO ZONING ORDINANCE 76-30 BY INSERTING A DEFINITION OF LIVE-ABOARD VESSEL AND PROVIDING FOR LIVE-ABOARD VESSELS - ADVERTISING AUTHORIZED FOR ?~BLIC HEARING MAY 13, 198D Commissioner Archer moved, seconded by Commissioner Pistor and carried 4-0, hith Commissioner Wimer absent, that Petition NZ-80-2-C filed by the County Planning Department, requesting an amendment to Zoning Ordinance 76-30 by amending Section 3, definitions inserting a definition of live-aboard vessel and amending Sections B, 21, 21.1, 22.11, 22.111, 22.IV, 23, 25, 27, 34, 35, 37 and 38 providing for live-aboard vessels, be advertised for public hearing May 13, 1980. PETITION NZ-80-3-C, COUNTY PLANNING DEPARTMENT REQUESTING AN AMENDMENT TO ZONING ORDINANCE 76-30 BY AMENDING SECTION 37, A-AGRICULTURAL DISTRICTS BY ALLOWING MOBILE HOMES IN THIS DISTRICT AS A PROVISIONAL USE - ADVERTISING AUTHORIZED FOR PUBLIC HEARING MAY 13, 1980 Commissioner Archer moved, seconded by Commissioner Pistor and carried 4-0, with Commissioncr Wimcr absent, that Petition NZ-BO-3-C filed by County Planning Departmcnt requesting an amendment to Zoning Ordinance 76-30 by amending Section 37, A-Agricultural Districts, by allowing mobile homes in this district as a provisional use, be advertised for public hearing May 13, 1980. PETITION NZ-80-4-C, COUNTY PLANNING DEPARTMENT REQUESTING AMENDMENT TO ZONING ORDINANCE 76-30 BY AMENDING SECTION 48 BY CHANGING PROCEDURES FOR PRDPERTY OWNER NOTIFICATION FOR COASTAL AREA PLANNING COMMISSION MEETINGS ~!HE,'! OVER 5'; OF COUNTY LAND IS INVOLVED AND RY CHANGING NOTICE OF CAPC MEETINGS POSTING REQUIREMENTS - ADVERTISING AUTHORIZED FOR PUBLIC HEARING MAY 13, 1980 Commissioner Archer moved, seconded by Commissioner Pistor and curried 4-0, with Commissioner Wimer absent, that Petition NZ-BD-4-C filed by County Planning Department requesting an amendment to Loning Ordinance 76-30 by amending Section 4B by changiny ~rocedures for property owner notification for Coastal Area Planning Commission meetings when over 5% of county land is involved and by changing notice of CAPC meetings posting requirements, be advertised for public hearing May 13, 1980. .. .--, r ~ - I ,..... .... - ....., ' "I ....1.~:-... --'--:or:-~-- L__J: ....J April 22, 1980 PETITION TO VACATE A 3 FOOT DEEP LAKE EASEMENT LOCATED WITHIN TRfl.CT J, LELY GOLF ESTATES. SAINT ANDREWS WEST - ADVERTISING AUTHORIZED FOR PUBLIC HEA,;lNG MAY 13, 1980 Commissioner Archer moved, seconded by Commissioner Pistor and carried 4-0, with Commissioner Wimer absent, that the petition to vacate a 3 foot deep lake easement located within Tract J, Lely Golf Estates, St. Andrews West, be advertised for public hearing May 13, 1980. PETITION V-80-B-C, VIRGIL MARCUM, REqUESTING SETBACK VARIANCES ON LOTS IN WOODLAND PARK, AN UNRECORDED SUBDIVISION - ADVERTISING AUTHORIZED FOR PUBLIC HEARING MAY 13, 1980 Commissioner Archer moved, seconded by Commissioner Pistor and carried 4-0, with CommIssioner Wimer ab~ent, that Petition V-80-8-C fi'~d by Virgil Marcum requesting setback variances on lots in Woodland Park, an unrecorded subdivision, be advertised for public hearing May 13, 1980. CHAIRMAN AUTHORIZED TO EXECUTE TWO LEAA GRANT AGREEMENTS BETWEEN THE COUNTY AND COLLIER COUNTY MENTAL HEALTH CLINIC, INC. FOR THE YEARS 1979 AND 1980 _ AGREEMENT DATED FEBRUARY 12, 1979 RE SAME REPEALED Following County Manager Norman's explanation that acceptance of the two submitted LEAA grant agreements betwe2n Collier County and Collier County Mental Health Clinic, Inc. will finalize the recent revised require- ments placed by the State on all LEAA grant funded Criminal Diversion Programs, Commissioner Archer moved, seconded by Commissioner Pistor and carried 4-0, with Conmissioner Wimer absent, that the Chairman be authorized to execute the following LEAA grant agreements: For the year 1979 - Grant #79-AA-09-EB02 in the amount of $31,666 For the year 1980 - Grant #79-AA-09-EB02 in the amount of $28.911 I Also, that the agreement dated February 12, IS!~ which is superseded by the above agreement for the year 1979, be repealed. * * * * * * p"1"l,,.. _....Jl\ 052 PACE 676 -- - eOQK 052 PACE GS7 April 22, 1980 GUN PERMIT NO. 80-4 ISSUED TO MR. NELSON A. FAERBER, SR. County Manager Norman stated that Mr. Faerber's application to carry a concealed pistol has met all the requirements of County Ordinance 79-86 and identified his need as being the transportation and sale of historic handguns (such guns being classified as control lad sub~tance by the Oepart- ment of Treasury, Bureau of Alcohol, Tobacco and Firearms). Mr. Norman said that the only transport available is personal transport as it is not practical for security services tu transport handguns, nor do security services possess a license to deal in firearms, which Mr. Faerber does have. In addition, the Sheriff's Office reports that no record has been found of any disqualifying activity or conviction. Conrnissioncr Archer moved, seconded by Commissioner Brown and carried 4-0, with Commissioner Wimer absent, that Gun Permit No. 80-4 be issued to Mr, Nelson A. Faerber, Sr, COUNTY EXPENSES REGARDING THE "BAY WEST SITE" ARCHAEOLOGICAL FIND AND THE COLLIER COUNTY MUSEUM IN THE AMOUNT OF $1,700 - APPROVED Museum Director Mary Manion presented the request, giving a review of the material that had been collected from the "Bay West Site" and naming the archaeological find as one of the most significant finds in recent history. She stated the collection contains the rem"ins of over fifty deliberate burials, lithics, worked wood and remains of a wooden spear throwing stick (atlatl) which dates the subject site to approximately 6,000 B.C., also three skulls with intact brains were discovered and are believed to be the only organic remains from the Archaic period in the United States. She concluded her remarks by naming the following donors: University of Miami - 35 Radio-Carbon dates valued over $5.000 Florida State Museum - Use of the ~!seum's facilities to treat and stabiliz~ the wooden artifacts Members of SW Florida Archaeological Society - Innumerable hours working at the site andlor Museum together with monetary donations Commissioner Archer moved, seconded by Commissioner Pistor and carried 4-D, with Commissioner Wimer absent, that the request for $1,700 made by the Museum Director to cover expenses related to the "Bay West Site" archaeological find be appruved and that Fiscal Officer Hall be authorized to prepare the necessary budget amendment for the transfer of said monies from the Contingency Fund. 1f -.-, ~._-~~- 1.__1 J April 22, 1980 COUNTY ENGINEER AUTHORIZED TO CERTIFY THE FOLLOWINC: AS BEING QUALIFIED TO APPRAISE RIGHT-OF-WAY PARCELS FOR THE APPROVED ROAD IMPROVEMENT PROGRAM AND TO NEGOTIATE RIGHT-OF-WAY APPRAISAL AGREEMENTS OVER $2,000 WITH SAME FOR SUBSEQUENT FINAL APPROVAL AND EXECUTION BY THE BOARD: J.E. CARROLL, !WNTER HAMILTON, DONALD R. JO:mSON, WILLIS E. KUSHMAN AND THEODORE M. MORGAN County Fngineer Barksdale stated he had evaluated five fee appraiser, ~fter following applicable provision of the FDOT qualification requirements for professional status, past record and experience, and adequacy of personnel, who are fully qualified to perform right-of-way appraisals for one or more of five road improvements. Initial appraisals are required for about 30 pJrcels in the right-of-way to four lane Pine Ridge Road from U. S. 41 to C. R. 31. and for about 90 parcels to build Golden Gate Boulevard from 1-75 to C, R. 951. Appraisal updates may be desired for settlement or necessary ~or condemnation for approximately 28 parcels required to extend Pine Ridge Road to 1-75. about 9 parcels to build Golden Gate Boulevard from C. R. 31 to 1-75. and about 8 parcels to connect Santa Barbara Boulevard to C. R. 856. Contract processes for fee appraising are exempt from the pro- visions of the Consultants Competitive Negotiation Act and Section 14-75.04, Florida Administrative Code on competitive selection of FDOT consultants, nevertheless, Mr. Barksdale stated he is currently authorized to purchase appraisal services up to $2,000 only with purchases of $2,000 and up to be approved by the Board. Appraisal fees for the three road improvements indicated above with the hiyhesl flUIlIUl:!r of parcels to be appraised may J. E. Carroll, SRA, RM Hamil ton Hunter, MAl Donald R. Johnson, ASA, SRA, RM Willis E. Kushman, MAl Theodore M. Morgan, MAl, SRPA I exceed $2,OOD. He asked that he be authorized to certify the following five fee appraisers as qualified for the aforementioned appraisal assignments: Commissioner Archer moved, seconded by Commissioner Pistor and carried 4-0, with COIlJ11iss,Jner Wimer absent, that tile County Engineer be authorized to certify the five above-referenced fee appraisers as being qualified to appraise right-of-way parcels for the approved Road Improvement Program and to negotiate Right of Way Appraisal Agreements over $2,000 with same II for subsequent final approval and execution by the Board. BO~K 052 PACE 688 --..---..-.. ...__..~"_..-.~.... BO~K 052 PACE 68S April 22, 1980 RESOLUTION NO. 80-88 (FOOT RIGHT-OF-WAY) - ADOPTED - CHAIRMAN AUTHORIZED TO SIGN CONTRACT RE SAME - FILING OF THE MAP OF SURVEY AND LOCATION RE SANTA BARBARA BOULEVARD IN OFFICE OF THE CLERK OF CIRCUIT COURT - AUTHORIZED County Engineer Barksdale requested that the submitted FDOT Right-of-Way resolution together with the companion contract, be approved in order for the extension of Santa Barbara Boulevard (from Radio Road northerly approximately 1,080 miles to a point in Section 28, Township 49 South, Range 26 East) to be completed and at the same time, that the Map of Survey and Location be authorized for filing in the office of the Clerk of Circuit Court. Commissioner Archer moved, seconded by Commissioner Pistor and carried 4-0, with Commissioner Wimer absent, that Resolution No. 80-88 re the com- pletion of Santa Barbara Boulevard, be adopted; that the Chairman be authorized to sign the companion contract and that the Map of Survey and Location re same be authorized for filing in the office of the Clerk of Circuit Court. * I , * * * * * * * * * '-1 r~." - - .-- ,....._---~..:'----- L__-J ..,,) I.. . _J April 22, 1980 CHAIRMAN AUTHORIZED TO EXECUTE RIGHT-OF-WAY AGREEMENT FOR AIRPORT ROAD AND CANAL IMPROVEMENT AND TO MAKE PAYMENT FOR THE RIGHT-OF-WAY IN ACCORDANCE WITH THE AGREEMENT County Engineer Barksdale explained that he plans to advertise for bids to construct the four laning of Airport Road from Golden Gate Parkway to Cougar Drive within the next 30 days and identified the proposed construction as being a design that will realign the Airport Road canal eastward, enlarging it in accordance with the Water Management District 7 report. He said the existing right-of-way for this improvement is 200 feet wide (IOD feet road and 100 feet cnnnl) except beginning about 1325 feet north of Golden ~~te Parkway where the canal right-of-way tapers to 50 feet wide at the Parkway and continues about 1960 feet south at this width to the Golden Gate Canal. The design for the road and canal improvement requires 100 foot side right-oF-way for the canal; therefore, acquisition of about 3.3 acres is i: I I I. pi '. ;1 " It I; i\ , ! ~ I: l l " , 1 necessary from the Edith Collier Sproul Trust. He concluded his presentation with the statement that the Trustees have agreed to convey their interest by Quit Claim Deeds for an acceptable price of $18,781 ($6,000 per acre) which is available in the current road construction budget. Commissioner Archer moved, seconded by Commissioner Pistor and carried 4-0, with Commissioner Wimer absent, that the Chairman be authorized to execute the Right-of-Way Agreement and additionally, ,authorize the payment for the right-of-way as indicated in the said Agreement. * * * * * * * BO:l~ 052 PACE .700 r--- - I '-", L~ .! J April 22, 19BO EMERGENCY OROINANCE NO. BO-43 SUPERSEDING ORDINANCE NO. 75-5 AND RECON- STITUTING THE GOODLAND WATE~ DI5TRICT IN ORDER TO CONSTRUCT A WATER DISTRIBUTION SYSTEM TO BE FINANCED THROUGH BOND ASSESSMENTS AND REVENUES- ADOPTED County Attorney Pickworth explained the need for the adoption of an emergency ordfn~nce which would provide for the reconstituting of the GoodlJnd Water uistrict in order to construct a wat~r distribution system to be financed through bond assessments and revenues. The establishment of the Goodland Water District as a Municipal Service Taxing District through the adoption of the proposed emergency ordinance will not only ~1l0w the above-referenced method of financing but will also eliminate some of the time cO(lsuming "~nags" that have developed. Corrrnissioner Archer moved, seconded by Cornnissioner Brown and carried 4-0, with Commissioner Wimer absent, that a state of emergency be declared, following which Co~nissioner Pistor moved, seconded by Commissioner Archer and carried 4-0. with Commissioner Wimer absent, that the Emergency Ordinance as numbered and titled below be adopted and entered into Ordinance Book No. 11. ORDINANCE NO. 80-43 AN EMERGENCY ORDINANCE OF COLLIER COUNTY, FLORIDA, AMENDING AND SUPER- SEDING COLLIER COUNTY ORDINANCE NO. 75-5 CREATING THE GOODLAND WATER DIS- TRICT FOR THE PURPOSE OF PROVIDING THAT SUCH DISTRICT SHALL BE AND HAVE ALL THE POWERS OF A MUNICIPAL SERVICE TAXING AND BENEFIT DISTRICT UNDER SECTION 125.01(1), FLORIDA STATUTES AND THE POWERS OF A WATER AND SEWER DIS- TRICT UNDER CHAPTER 153 FLORIDA STAT- UTES FOR THE PURPOSE OF PROVIDING WATER FACILITIES IN THE UNINCORPORATED AREA OF COLLIER COUNTY COMPRISING SUCH DISTRICT; AUTHORIZING THE ACQUISITION AND CONSTRUCTION OF WATER SUPPLY AND DISTRIBUTION FACILITIES AND APPURTENANT FACILITIES IN SUCH DISTRICT; PROVIDING FOR THE ISSUANCE OF BONDS BY SUCH DISTRICT TO FINANCE THE COST THEREOF; PROVIDING FOR THE PAYMENT OF SUCH BONDS FROM REVENUES DERIVED FROM THE OPERATION OF SUCH FACILITIES, ASSESS- MENTS AGAINST PROPERTIES SPECIALLY BENEFITED BY SUCH FACILITIES, TAXES WITHIN SUCH DISTRICT ONLY AND OTHER FUNDS OF SUCH DISTRICT OR COLLIER COUNTY DERIVED FROM SOURCES OTHER, THAN AD VALOREM TAXATION AND LEGALLY AVAilABLE FOR SUCH PURPOSE; AND PROVID- ING THE METHOD BY WHICH THIS ORDINANCE SHALL BECOME EFFECTIVE. BC:l,< 052 PACE .706 Ii ! ", B'O~K 052 f,IGt 707 April 22, 1980 RESOLUTION GW-80-1 ORDERINC THE CONSTRUCTION OF ASSESSABLE IMPROVEMENTS fOR THAT PORTION CF THE PROPOSED GOODLAND WATER SYSTEM TO BE FINANCED THROUGH THE LEVY OF SPECIAL ASSESSMENTS UPON BENEFITED PROPERTIES - ADOPTEO County Attorney Pickworth presented the proposed resolution, stating that it orders the construction of water improvements in the Goodland Water District with the cost being financed ~y a combination of both special assessments and revenues. Commissioner Pistor moved, seconded by Commissioner Archer and carried 4-0, ~lith Co:nmissioner Wimer absent, that Resolution No. GW-80-1, orderi~g the construction of assessable improvements for that portion of the proposed Goodland Water System to be financed through the levy of special assessment upon benefited properties, be adopted. * * J * * * * * * * * r--. ,--- , ~:.~1..'CJ::'"..7-- 1 ! J J Apri 1 22, 1980 RESOLUTION GW.,80-2 APPROVING PLANS AND SPECIFICATIONS AND ESTIMATE OF COST OF WATER IMPROVEMENTS IN GOODL.AND WATER DISTRICT AND THE FILING OF SAME BY THE CONSULTING ENGINEER - AGQPTED County Attorney Pickwvrth presented the !:ompanion resolution to Resolution GW-80-1 which signifies the filing of the plans and specifica- tions and cost estimate of water improvements in tne Goodland, Water District by the Consulting Engineer in the Clerk to the Board's office. Also, Mr. Pickworth stated, the resolution sets the time for a public hearing on the confirmation of the Oistrict's Resolution GW-80-1 as being r~ay 13, 1980, Commissioner Pistor moved, seconded by Commissioner Brown and carried 4-0. with Commissioner Wimer absent, that Resolution GW-80-2, be adopted. * ( * i. I- " /, I- Ii 1 : ,I * " < I: * Boax 052 PACE .7J4 BO~~ 052 PACt 719 April 22, 1980 PAYMENT OF ROUTINE BILLS - AUTHORIZED Following Fiscal Officer Harold Hall's statement that the bills being presented for approval of payment have been prepared following established procedures and that funds are available, Commissioner Pistor moved. seconde<.l by Conrnissioner Brown and carried 4-0, with Commissioner Wimer absent, that the bills be approved for payment as witnessed by the following checks issued from April 16, 1980 through April 22, 19BO: FUND CHECK NOS. 6968 - 7227 1583 - 1725 Co un ty Chec ks BCC (CErA) Payroll BUDGET ^MENDMENT 80-81 TO TRANSFER FUNDS FOR PURCHASE OF DESK AND CHAIR FOR THE BUILDING MAINTENANCE DEPARTMENT - AnQf!~D IN THE AMOUNT OF ,$330 Conmissioner Brown moved, seconded by Commissioner Pistor and carried 4-0. with Commissioner Wimer absent, that Budget Amendment 80-81 re the transfer of funds for purchase of desk and chair for the Building Ma intl'nance Department in the amount of $330, be adopted. * * * * * * * * .--J "'" -, eO:l~ 052 PAGE 721. Aprll 22, 1980 DISCUSSION REGARDING THE REZONING OF 10 LOTS IN PLANTATION ISLAND FOR MOBILE HOMES - CONTINUED UNTIL APRIL 29, 1980 - STAFF DIRECTED TO MAKE RECO~MEtmATIorl 70ning Director Jeff Perry stated that a problem concerning the zoning of 10 lots in the area of Plantation Island had been brought to the attention of the Zoning Department within the last few ~eeks. He explained that Plantation Island is, with the exception of the above- referenced 10 lots, completely zoned mobile home and when Mr. William Isaacs, who had just recently purchased a lot in the subject area for his mobile home, requested building permits for the installation of his home, the discrepancy was found. Mr. Isaacs' lot is one of the 10 lots zoned multi-family instead of mobile home and, at that time, the planning depart- ment initiated a rezone petition that will correct the obvious error. Planning Director Danny Crew explained that the standard procedure for rezoning property takes approximately 6 weeks in order for the petition to be reviewed by all the necessary agencies and this particular petition, R-SO-II-C, is now only three weeks into the procedure. Discussion followed with Mr. Isaacs reviewing his request and reiterating the need for his prompt move onto the Plantation Island lot; the possibility of eliminating some of the time involved in the standard rezoning procedure; the request by Commissioner Crown that the people involved be allowed to move their trailers onto the subject lots before anymore time has passed by and the suggestion by both County Manager Norman and County Attorney Pickworth to continue the item until next week, April 29, 1980. Commissioner Brown moved, seconded by Commissioner Pistor and carried 4-0, with Commissioner Wimer absent, that the item be continued until April 29, 1980 and that the Staff be directed to bring a definite recom- menuation conccrning thc temporary placement of the subject mobile homes on the lots in Plantation Island. ,.. r ._-'- --- - -- -. - - . ._..' . ---_.. "'''''.--- ~~ .' l...,,_l l J \: April 22, 1980 CERTIFICATES FOR CORRECTION RE 1976 AND 1979 TAX ROLLS - APPROVED FOR CHAIRMAN'S SIGNATURE C0mmissioner Archer moved, seconded by Commissioner Pistor and carried 4-0, with Commissioner Wimer absent, that the following Certificates for Correction on the Tax Rolls be approved and that the Chairman be authorized to sIgn same: NOS. DATED 1979 Tax Roll 496 through 526 April 8, 1980 through Apri 1 21, 1980 1979 Personal Property 172 through 174 April 15, 1980 I, 1979 Personal Property 176 through 180 April 17, 1980 1976 Personal Property 334 and 335 March 26, 1980 CHAIRMAN AUTHORIZED TO EXECUTE AGREEMENT BETWEEN COLLIER AND LEE CDUNTIES PERTAINING TO AMBULANCE SERVICE FOR BONITA SHORES Commissioner Pistor moved, seconded by Commissioner Brown and carried ,.. ! 4-0, with Commissioner Wimer absent, that the Chairman be authorized to ,,'; execute an agreement between Collier and Lee Counties which will provide emergency medical services to the people in Bonita Shores. * \ r :t I' * " * * * * * h i * I 50JK 052 PACE 722 .--- BO~K 052 PACE 727 April 22, 1980 REQUEST TO UTILIZE A TRAILER AS TEMPORARY RESIDENCE IN THE GOLDEN GATE ESTATES AREA SCHEDULED ON APRIL 29, 1980 AGENDA - PROPOSED ORDINANCE REGARDING 90 DAYS ALLOWANCE FOR USING A TRAILER AS TEMPORARY RESIDENCE IN THOSE SITUATIONS THAT QUALIFY - TO BE REVIEWED ON APRIL 29, 19BO Following Administrative Aide Mary Morgan's presentation of a letter from Arthl'r McDonncll, rcprcsenting Alfred Soriano, reqllesting the Board to schedulc his cl icnt's petition to util ize a trailer as a temporary residence at 530 11th Street, S,W.. Golden Gate Estates, during a period of const:uction, it was noted that the item has been placed on the agenda for April 29. 1980. In conjunction with this request, County Manager Norman reminded the Board that, at their request, an ordinance addressing this situation will, also, be brought to the Commissioners for review. CHAIRMAN AUTHORIZEO TO SIGN LETTER OF OPPOSITION RE PRE-FILED LEGISLATION RELATING TO \oIATER ReSOURCES WHICH WOULD PROVIDE fOR A STATE WIDE RESOURCES BOARD Administrative Aide Mary Morgan presented the written request from Wi thlacoochec Regional Water Supply Authority, asking that the Board of County Commission oppose the pre-filed legislation relating to Water Resources (amending Chapter 373, F,S.) which would provide for a State Water Resources Board. Ms. Morgan stated the opposition is based upon the following: (a) Invasion of home rule powers of local government (b) Places water supply functions in \oIater Management Districts and creates a conflict of interest with respect to their regulatory functions (c) Seeks to levy ad valorem taxes to support this state agency which is. 'ntrary to Article VII, Sec. I(A) of the Florida Constitution Commissioner Archer moved, seconded by Commissioner Pistor and carried 4-0, with Commissioner Wimer absent, that the Chairman be authorized to sign said letter of opposition, including the above- referenced thr",,, ~rotJnds, and submi t same to the proper authori ty. CHAIRMAN AUTHORIZED TO SIGN LETTER OF OPPOSITION REGARDING LEGISLATION WHICH WOULD PLACE CONTROL OF DISTRICT MENTAL HEALTH BOARDS UNDER THE PURVIEW OF H.R,S, Administrative Aide Mary Morgan presented a letter from the Southwest Florida Mental Health Board regarding legislation which would - \, r i " - j t ..-...- ...~ "-.---: -.,------' . - _.-.. --- ......,--.-.. -..----.- ~, ; t l I ...,"'".. L_.J April 22, 1980 place total control of the local community mental health under the purview of the State HRS; proposes to make the County Coomission appointed Boards advisory only with no authority or control over the programs or the use of funds (including the locally provided funds) and/or place the control of funding under fiRS without any controls by the Board, yet leaving the Board responsible for quality and quantity of service. She stated that the SW Florida Mental Health Board views this legislation as an effort to erode local control and fiscal responsibility and asked that this Ro~rd support it in its resistance to such legislation. Commissioner Archer moved, seconded by Commissioner Pistor and carried 4-0. with Commissioner Wimer absent, that the Chairman be authorized to sign a letter of opposition regarding the above-referenced legislation. LAKE TRAFFORD MEMORIAL GARDENS CERTIFICATE DEEDS NUMBERED 215; 216; 217; and 218 RECORDED AND FILED FOR THE RECORD Pursuant to action of the Board January 10, 1978 wherein the Chairman was authorized to sign various deeds to Lake Trafford Memorial Gardens cemetery lots as the need arises. the following Deeds numbered 215; 216; 217 and 218 were recorded and filed for the record. * * * * * * * eOJ:< 052 PACE 728 I I I I i I I ii; \~ BO~X 052 PACE 733 April 22, 1980 STAFF AND COUNTY MANAGER DIRECTED TO LOOK INTO POSSIBILITY OF HAVING A SECOND AMBULANCE PLACED IN THE IMMOKALEE AREA - DISCUSSION RE MSTD'S SUPPLYING TIllS AND OTHER REQUESTED SERVICES TO BE WORKSHOPPED DURING THE "DOUBLE TAXATION" SESSION OF APRIL 29, 1980 i' Per ConUllissioner Brown's request, the Staff and County Manager were directed to look into the possibility of having a second ambulance, /1k1nned with a[lpropriate personnel. placed in the Immokalee area. Additionally, it was noted that this subject will be reviewed during the workshop session of April 29, 1980 when the item of MSTD's supplying this and "ther reqlJested services will be on the ilgenda. There being no objection, the Chair directed that the following I MISCELLANEOUS CORRESPONDENCE - FILED ANDIOR REFERRED correspondence be filed andlor referred to the various departments as indicated below: 1. Memo dated ~/16/80 from Commissioner Wimer regarding dual taxation and his suggestions regarding the planning, building and zoning departments, the roads and the Sheriff's budget (Said subject "double taxation" scheduled for a workshop on 4/29/80) filed. i .1 2. Three pieces of correspondence regarding American Ambulance _ copies sent to County Manager and filed. (a) Copy of 4/16/80 letter from Clerk William J. Reagan to Mrs. Carl Smith regarding the high quality of service re American Ambulance. (b) letter dated 4/17/80 from Rachael L. C. Kuhn indicating that she does not understand why the County would award the contract to American Ambulance. (c) Letter dated 4/17/BO from Kenneth C. Foster indicating that he is not happy with the Board's action regarding American Ambulance's contract. 3. Copy of Waste Management, Inc. 's Addendum 1, Attachment A for the ra tes.""'l'oved - filed for the record. 4. Letter dated 4/14/80 from Mrs. Donald Walker regarding the service she is receiving from WMI - Copy sent to Engineering and fi led. i , , 'I I I 5. Letter dated 4/15180 from Richard J. Coyle indicating that he has no objections to oil exploration (PU 80-3-C) Copy to Planning and filed. 6. Copy of letter from Wilson Miller, Barton, 5011 & Peek, Inc. regarding the bid proposals for the county's road projects _ original letter sent to Engineering on 4/15/80 - filed for the record, . ~ ( .- h..___._'_ _ _.__._.~.- BO~~ 052 PAGE '735 Apr il 22, 198D 20. Minutes from the City of Naples for their meeting of 4/2/80 - filed for the record. 21. Memo dated 4/15/80 from Utility Director Berzon to the BCC regarding firms who have submitted engineering proposals on the transmission and plant expansion - filed fur the record. 22. Public Service Commission Notices - filed for the record: (a) Docket 800300-CCT for GEE EL Transportation, Inc, for emergency temporary authority Docket B00208-CCT for emergency temporary authority by Courier Services International, Inc. Docket 8D0247-CCT for Miami Transfer Co., Inc. for extension of certificate #L-116 Docket 800321-CCT for Lieberman Moving & Storage, Inc. for extension of certificate 1531 Docket 800269-LCCT for transfer of certificate 819 from Ralph and Nancy Crapse to R & D Trucking, Inc. Docket 800271-CCT for Smalley Transportation Co. to establish a tariff for parcel express operations 23. Departmental reports received and filed for the record: (b) (c) (d) (e) (f) (a) Library (March 1980) (b) Social Services (February 1980) 24. Senate Journals received and filed for the record. There being no further business for the good of the County, the meeting was adjourned by order of the Chair - Time: 11:30 A.M. BOARD OF COUNTY COMMISSIONERS/EX OFFICIO GOVERNING BORAD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL c~{~--- -... \' , ATTEST: WI~LIAM J. REAGAN, r:LERK .'-"1,1.., , / /J.;tI+J' , 1'\ f