BCC Minutes 08/24/1993 R Naples, Florida, August 24, 1993
LET IT BE REMEMBERKD, that the Board of County Co~misstoners tn
and for the County of Collier, and also acting as the Board of Zoning
Appeals and as the governing board(s) of such special districts as
h~ve been created according to law and having conducted business
./.herein, mst on this date at 9:00 A.M. in REGULAR SESSION in Building
'F~ of the Government Comp/ex, East Naples, Florida, with the
following members present:
CHAIRMAN:
VICE-CHAIRMAN:
Burr L. Saunders
Timothy J. Constantine
John C. Norris
Michael J. Volpe
(Absent) Bettye J. Matthews
ALSO PRESKNT: Sue Carney and Annette Guevtn, Recording
Secretaries; Nail Dorrtll, County Manager; Ken Cu¥1er, County
Attorney; Dave Welgel, Hetdt Ashton, Richard Yovanovlch and Tom
Pal~er0 Assistant County Attorneys; George Archibald, Transportation .-
Services Administrator; Frank Brutt, Couunlty Development Services
l~lntstrator; Tom Olllff, Public Services Administrator; Jennifer
Edwards, Assistant to the County Manager, Leo Oche, Administrative
Services Administrator; Fred Bloetscher, Assistant Utilities
Ad~inistrator; Bob Blanchard, Growth Management Director; John Boldt,
Water Management Director; John MadaJewski, Project Plan Review
Manager; Tom Conrscode, Capital Projects Director; Mike McNees, Budget
Director, Michael Smykowskt, Senior Budget Analyst; Dick Clark, Code
~llforcemsnt Supervisor; Steve Csrnell, Purchasing DirectorI Sheriff
Nunter; Wayne Arnold and Bob Mu/here, Planners; Barbara Burgeson,
~nviroll~ent Specialist; and Sue Filson, Administrative Assistant to
the Board.
Ot
Page I
*.~ .OIIBtl~OOlr llttl)mm ~lent u refleotmi by 4/0 mmte~
August 24, 1~
.,Co~alemioner Saundere asked if Item #SH! which la scheduled to be
'heard at ~{00 P.M. could ~ heard earlier?
C~ty Attorney Cuyler informed the Board that the package of
~ter/ale dealing with the consolidation of the 800 megahertz chan-
~' nels was available ~d could be discussed today. Co~tsstoner
-~&unders noted that it was the consensus of the Board that the con-
solidation be heard today as Ttsm #SB.
County Attorney Cuyler reported that there is no reason that Item
could not be heard when it comes up in order on the regular
agenda.
Item {li¢l which is noted as continued on the Agenda Change Sheet
was discussed at today's meeting.
~mz-z, ied 4/0, to s~r~ tl)e ~ with the c~
Page 2
AUg~Aat 24, 1993
The action for approval of the consent agenda is noted under Item
Contssioner Volpe acknowledged Service Awards for the following
Collier County employees:
~aureen A~engual, 5 years, Growth Management
JOseph F. Bierley, 5 years, Utillties/Wastewater (Not Present)
Wancy Epp, S years, Library
Cynthia $. Flnklea, 5 years, ComDev/CustServtce
~eanne P. Senott, 5 years, Library
Co~atssioner Saunders awarded the following recipients of the
National Association of Counties their Achievement Award certificates:
Fred Bloetscher, Utilities
Steve Brinkman, Parks and Recreation
Diane E. Brubaker, Public Affairs Office
David F. Brutcher, Pollution Control
Skip Ca~p, Facilities Management
Timothy L. Clemens, Wastewater Utilities
Thomas E. Conrecode, Office of Capital Projects Management
Ron Cook, Utilities
Nary Cornelisse, Pollution Control
Robert C. Demarest, Library
Lisa M. Douglass, Pollution Control
Cindy Erb, Utilities
G&ll G. Gibson, Pollution Control
Nike McNees, Office of Management and Budget
Kenneth F. Pineau0 Emergency Management
Dan Pucher, Fleet Management
Ann Mar Saylor, Utilities
~artha Skinner, Collier County Social Services
Ra~ond Smith, Pollution Control
BOOK ~PAG£ 1~ Page 3
1993
9S-444/44~, 9S-44?/4B4 - ADOPTID
~mm/~lo~er VO/l~ moved, ~conded b~ Commissioner Norrtl and
curled 4/0, that Budget iaendzent ]te~olutton 93-42 tm mdopt.d.
B, OO~C O~PA(~£ 13
Page ·
OF]IUXLDq:]~ Iv~I~(IT ~0. 01-0110 TO ~U3L~ CI~Z~~I~,
Co~mnt~y Development Services Administrator Brutt explained that
Building Permit No. 91-9110 was granted to Eagle Creek Properttee for
a period of slx months and Staff recommends that if the extension is
approved for a period longer than six months the plans wtll have to be
reviewed by code compliance and the appropriate review fees paid.
County Attorney Cuyler pointed out that page 5 of the agenda
pmclr~ge demonstrates that good cause must be shown for an extension to
be gr~nted.
David A~ico, representing Eagle Creek Properties, Inc., confirmed
that a one year extension is being requested to coincide with the
Public Facility Adequacy Certificate expiration, adding that the peri-
t/oner agrees to have the plans reviewed and comply with any fees
required.
Xn response to Commissioner Volpe, Mr. Brutt replied that Staff
'::~;'".'~Uld not object to a one year extension.
(killd~lAM~ ~or~te moved, ~econded by Commtutoner Conltlnt/ne
end ~z~/e4 4/0, to elq)z~ve the extension of one year with the
igttellat that the plln~ be reviewed by Stiff, lad that all Idditional
(TN)
&~'IIC~Z~TZOMOF P&11(E]IT OF ~ R'UI~ICAWE
~Izqo~IlII~C~L~'~)$2,000.O0 -LeFX~
Dick Clark, Code Enforcement Director, requested that the reim-
buremnte be approved with one modification, thereby granting approval
of 9 rmquests for a total of $33,516.00, which still brings the total
dollar amount to date under the $200,000.00 approved by the Board of
County Commissioners.
,.:~'.;.:;..In reeponie to Cou/esioner Yelps, Mr. Clark reported that the
fees were not being reimbursed by the Federal hergenc¥
Page
August 24, 2993
Agency, adding that a/though that possibility ts being
'investigated, no assurances have been made.
Mr. Clark confirmed that if all the reimbursement requests pending
ara approved it would still be less than the $200,000.00 that has been
allocated.
~ ~ FOR ALLOCATXON OF ~ ADDZTXOILtL OPTXON W TAX
TO OOZ/~B~t OOOlF/T, CrTT 0~ IIAFL~ AlgD CXTY OF ~VERGLADr~ ~Tr~fXV~
3Jk]R~ 1, 19~4 F~R A F~I~TOD OF S ~ -
Traneportat/on Services Admtn/strator Arch/bald reported that the
City of Everglades voted to execute the agreement based upon the 5
year reco~mtatlon of the gas tax, but they ales recognized that If
~:.i~[:.change occurred between the City of Naples and Collier County, they
would authorize an agreement that would a/low for 10 years.
Mr. Archibald stated that the City of Naples wants to Investigate
'the future expenditures of capital costs and operating/maintenance
but neither the City nor County Staff's is tn a position to
're~pond to that and their ultimate action ts to approve the Interlocal
Agreement with fha allocation every 10 years, recognizing the advan-
tags of having an agreement with the ability to modify that agreement
each year prior to July 1.
:[,~i Transportation Services Administrator Archibald reminded the Board
Of the September 1, 1993 deadline to the Department of Revenue, noting
that after that date the State would enforce the allocation that ts
currently tn the Interlocal Agreement and would most likely enforce
· that allocation for a period of 10 years.
"~ ' Mr, Archibald presented three alternatives to the Board; to con-
[tlnue to pursue an agreement with the recalculation of the allocation
avery five years, to consider an agreement based on the ten year
' recalculation or to have no agreement at all.
Page 6
August 24, 1993
Oo~iasioner Volpe questioned the advantage of the agreement?
[tr. Archibald advised the Board to weigh the advantage of having
ag~N~nt ver~u~ having to adhere to whatever the State statutes
dictate.
Comatssionar Constantine announced that he thanks that the City's
' p ercentaga wall dissipate over the next several years and At would be
detri~mental to the rest of the County to receive a disproportionate
share if it does dissipate, therefore, he cannot agree to a l0 year
agreeNnt.
In response to Conlssioner Saunders, Assistant County Attorney
~/gel replied that a uniform application of expenditures for all
' Cities and counties ts cospleted and the declston on the appropriate
· proportion Is based on that application. He Indicated that State sta-
tute does not state how that Is done or by what agency, although It
appears to be the Department of Revenue, for a 10 year period. He
reported that if an Interlocal Agreeaent Is not adopted by Septeaber
l, 1993, the distribution is based on a 10 year period, but the sra-
t~te does provide that a new Interlocal Agreement be established prior
to ~une I of any year.
Assistant Co~mty Attorney Wetgel advised that this Interlocal
:"lgree~nt includes both municipalities and under the statute, the
County only has to enter into an agreement with the ~untctpaltty that
has a large percentage of the population of a municipality, therefore,
the County would not have to include Everglades City In any future
agreeaent.
Xn response to Co--tsstoner Volpe, Mr. Wetgel replied that the
statute provides that when any agreeaent is entered Into It shall not
affect any outstanding bonds.
Couissioner Volpe stated that he does not see the need for the
agreement.
~msm~mi~e~ IIo~-ris ~ov~d, e~conded by Oom~tulo~er
~1~ ~t ~ to ~r~t St~ff to pr~ ~lth ~tiftatt~
Page 7
August 24, 1993
,iR~MMBI~TXOIJB OF THI TOURXST DEVILOPME]FT COU~CXL AID FXIAL FUJ~DXirO
D~'X~XO~B n ~ ~ (:~I~'X'EI~Olt'Y (A) - ~ ~~ ~ P~S
Coniasioner Saundero explained that the Board review the recom-
mendations of the Tourist Development Council (TDC) and approve the
~final funding.
Conlsmioner Saunders reported that the TDC met on August 16,
i~i~:~/1993 and expressed that 60~ of every penny of the Tourist Development
Tax Fund taxes should be utilized to replace sand on the beaches of
Collier County. He stated that Preliminary Design projects obviously
are related to adding 8and to the beaches and the issues of the main-
tenance of the Marco Island beaches are directly related to main-
tanning a beach that has already been renourished, noting that the
Paoa maintenance plans are recommended by the TDC in order to get per-
mits for beach renouriehment. He explained that the TDC deleted the
expenditures for Clam Pass Park, Barefoot/Bonita Beach Park and
Vandarbllt Beach Park for the repair of 8term damage to beaches that
have not been renourished.
Couulealoner Saunder8 clarified that the $548,100.00 allocated for
Preliminary Design includes the cost of the City of Naples' sea turtle
~-,m0. nttortng program which totals 823,363.00, and the remainder reflecto
.the intention of the TDC'o concern to have funding available for the
completion of the final design phase of the contract with Couta!
· ngtneertng. He confirmed that the TDC elects to only allocate funds
raised within the calender year of 1993.
Michael Smykow~ki, Senior Budget Analyst, stated that the TDC met
dn August 18, 1993 and approved the Capri/Big Marco Pus for
$210,000.00 and Clam Pass for $80,000.00, but these Items were con-
tinuod pending resolution of a legal issue, bringing the total cost
for the TDC recommendations to $1,446,500.00, within the projected
~Jii:~$1.6 RAllIon dollars which will be collected through the end of the
Page 8
~ ., August: 24, 1993
.'/( ~'tecal year.
Co-~lsatoner Constantine re~ested clarification on the calendar
Co~lsstoner Samdere explained that the e~endltures that were
approved by the TDC are lees than the a~ount of money that will be
collected at the end of the fiscal year.
Referring to the Narco Island issue, Commissioner Saundere
clarified that the TDC expressed their philosophy that the residents
of I~rco Island should be compensated for the fact that they impose
rues upon themselves for beach renouristuaent and to resolve that
issue the TDC suggests that a subcommittee be formed for further
reco~ndations.
Commissioner Saunders disclosed that another issue was discussed
~; at the TDC meeting; the request of Mr. Parker to fund the renourtsh-
msnt of a smmll segment of beach using the Parker Sand Neb System. He
· ~entioned that Co-m, iseioner Nat:thews expressed interest in exploring
that technology, but netther the City/County Beach Coutttee nor the
TDC h~s not recommended funding of that at this time, however at the
request of Mr. Parker, the Hoard of County Commissioners ia asked to
consider this project.
Xn response to Co--taaioner Constantine, Conlsaloner Saunders
clarified that the amount requested is $100,000.00 to allow for per-
mitting and once sand beg/ne to collect on the beach, there will be a
chug. o5 $5.0o per c btc yard.
In response to Coeualseloner Volpe, Harry Huber, Capital Projects
;l~lnlger, explained that the TDC did not approve of expenditures for
Clam Pass Park or Barefoot/Bonita Beach Park as they considered it to
1~ routine amtntenancs to be done by the County.
Commissioner Norris asked why the TDC deferred Caxambas Pass?
Mr. Huber explained that the basle for deferral is that it ts not
directly related to applying for the permitting for the beach
renouriehment project, as were the other Inland management plans.
Co~leetoner Saunders suggested that the Items listed on the eu~-
Page 9
Augtmt 24, 1993
i: .~ry be discussed individually, noting that the Preliminary Design
~°rk Which Includes the sea turtle monitoring program, totals
,100.00.
It ~ the consensus of the Board to approve the funding for the
l~el tntnm~ Design.
~}/.: Referring to the Parker Sand Web System, Coulsetoner maunders
that the request has been changed to $100,000.00 plus 85.00
*; 'Per cubic yard for an experimental segnent of one mile of beach.
· Coemteetoner Constant/ns remarked that this system seems to be a
~,~ viable alternative for beach renourlshment.
Ntchael Stephen, President of Coastal Engineering, stated that the
;~, Parker 8and Neb System ts very enticing, but pointed out that the
~lmten had been placed on Naples Beach a few years ago and the survey
· done by the City of Naples showed an accunulatlon of sand by the
nets, but also erosion down drift. He emphasized that Nr. Green,
Department of Natural Resources, stated that this system could not be
,.: done on a piece-meal basis as it would have to have an experimental
~: :'design plan approved by the State of Florida.
The following people spoke on the subject:
A~thur 3. New. an Fern Altchlson
::~. ' At the request of Ns. Attchtson, the discussion of the Parker Sand
'... Web 8ystemw&e continued to when Hr. Parker arrives at the meeting.
Commissioner Saunders explained that the $98,500.00 is a relmbur-
senent to Fund 159 for maintenance of the Narco Island Beach and the
$87,900.00 is funding for maintenance of the Narco Island Beach for
:i~.the upco,lng ye&r.
'~i;i" Referring to the $13,000.00 &lloc&ted for the ~tntenance of CI~
';P~ss P~rk, B~rafoot/Bonlta Beach Pa~k ~d V~derbllt Beach P~rk,
Co~/ssloner Volpe repasted clarification as to why tt ts t~rtut
to restore the d~es at these parks.
~. ~r replied that the restoration of d~es had Just ~en
.'*°~leted ~en they were destroyed by a storm, therefore, replacement
Page 10
August 24, 1993
Coe~iseioner Constantine agreed with Commissioner Volpe that these
ars appropri&te expenses.
!~. Commissioner Saunders announced that he does not think that the
TDC funds should be used to ~upplement the general fund, because these
projects do not relate to beach renourtshment.
Co~mtssioner Volpe confirmed that dune restoration ts related to
beach renour tsh~ent.
Commissioner Norris commented that he agrees with Conlssloner
Saundars, adding that a policy should be set on these expenditures.
Co~niesloner maunders indicated that this item will be delayed
~mttl the September ?, 1993, meeting when all the Commissioners will
be present.
Referring to the Passes, Commissioner Saunders noted that Caxambas
Pass la not recomended for approval and the consensus of the Board Is
tO approve the funding for the remaining four Passes.
Co,missioner Norris asked If the funding Is not approved for
.Ca Ocli bas Pass, what Is the schedule?
Nr. Huber replied that they are prepared to proceed along the same
schedule as the other four.
Co-~tssioner Smunders reiterated that the TDC does not feel that
"~ 'this project is related to beach renourtshment.
Commissioner Volpe requested that this project be deferred,
Commissioner Norris said that this Caxambas Pass Is not different
th~n the others, ~d feels that it should be f~ded.
It was the consensus of the Board to defer the C~bas Pass lo~e
~.. ~ttl 8eptea~r ?, 1993.
8tep~ Fregger, P.E., representing Nr. Parker, presented a
des~iption of the Parker Sand ~eb Syste~ and ~no~ced that
P~r c~ld put smd on the beaches tn 90 to 120 days, adding that
the ~stes has been tried in Collier County on previous occasions.
In res~nse to Coutsstoner Sanders, Nr. Fregger e~lalned that
. the 8.100,000.00 for permitting will include permits, base n~eym md
Page
', .' August 24, 1993
A diecu~sion was held regarding N=. Pa=ke=*s e~e=ience w~h
.~tr. Pa~ker declared that he intends to build the beaches in
Collier County and gave clarification on how his system works and con-
fimd that he does have a patent for his system.
M~. Parker stressed that he would like to use his system to
restore the beaches on a pay-as-you-go basis and if his system does
not produce the desired results, ps,sent will not be made.
Comissionsr Constantine remarked that considering Mr. Parker has
agreed to no up-front costs and requests that ps.sent be made on the
;~ net result, he would like to see the Board adopt the no cost up-front,
:~ $5.00 ~er cubic yard agreement for the one lineal mile of beach.
Comiesioner Constantine aoved to adopt the no cost up-front,
i $5.00 per cubic yard agreement for the one lineal mile of beach.
Co~lssioner Volpe expressed concern regarding a cap on the a~ount
!.
'"i;:..'~ of money that would be paid out and what mile of beach would be chosen
to be restored.
Coeaissioner Seunders suggested that the motion be a~ended to have
i-"Mr. Parker present a contract for consideration, explaining exactly
~" what he is proposing, where it will be done, what the timing will be
~nd who will control the situation.
O~i~ ~n~t~ntin~ ~ his notion to lnclmie t~at ~.
'. ' l~S~ ~ to the Board of Co~n~ Commissioners a detailed
i;
c~m~ ~1, to work with St~f to detsr~tns at l~tl~ is
~~te ~ ~t ~ ti~ fr~s for ~~ ~ co~~i~
Co~tsstoner Volpe stated that he feels the location of the one
sill Is t~rt~t. He asked who will deol~ate the one mile?
~th~ Ne~ declared that the Preliminary Deol~ ts t~lng
p~aoe, adding that the Parker System will Impact the overall project.
Jori StaAger, Natural Resources Manager of the Ci~ of Naples,
r~ked that the co~lty voted to f~d the TDC dollars to begin a
Page 12
~: . August 24, 2993
~,~ ~,
',:~v~lid belch nourtlhment plan that is in accordance with State guidelA-
:,,ne...
]L'~' Dr. StaAger asserted that At ia the Job of the Design Engineers to
~evAew all the alternatives and to present a plan to the Board of
County Cow~tssioners with specifications designating where.
A brief discussion was held on sand movement.
Comissloner Volpe asked what impact the Parker Sand Web System
~ w o l lid have on the overall project?
Dr. Staiger replied that the area designated for the Parker System
wotlld have to be removed from the overall design project completely.
ComissAoner Saunders stated that he cannot support the motion,
and feels that in order to make decisions in various areas It Ae
ii~/: i~portant to trust the Judgement of the experts tn the various areas,
and in thAe case a City/County Advisory committee has been evaluating
lllX~erO1l~ technologies in order to gave their recommendations. Be said
they have not reco~ended that the County go forward with the Parker
S]~tem~ the TDC does not reco~t~end the system at this tiaa; Coutal
Engineering, who is doing the design work ie advising the County not
to proceed with this system. He indicated that he is uncomfortable
renourishing a a~all section of beach because of the uncertainty of
the impact on permitting the overall project.
Co~miseioner Constantine remarked that the experts feel that the
P~rker 8~te~ would have no detrimental effect on the beach to the
north of wherever the project takes place, with no up-front costs and
paint only for the benefit received and if the method fails little
< or nothing ie paid and the beach will remain as it is.
~ N~z~le ~ecom~d the ~otion on the £1oo~.
Commissioner Yelps expressed concern as to whether the Parker Sand
Net System will hmmper other methods.
Co~miealoner Constantine reiterated that the planning of the
· ~ngineering will not be effected, and if it succeeds, the planning for
that particular portion will then not have to be done.
Commissioner Volpe asked when the contract proposal will be
Page 13
&~gust 24, 1993
back.
,'::Mr..Parker agreed to present the proposed contract in 30 days.
the question, th~ mot/on carried 3/1 (Commlaalone~
Jim. ts BOVE~, seconded by Commtoolono~ Volpe, to
for the PTelimlnary Deotgn, Including the Se~
Tu~lm~~x~, ~h~ 098,500 reimbursement to ~ 189,
~~, ~ 887,~O.00 Mtnt~co for ~co loll,
~ ~ ~ ~m, w/th t~ ~ceptt~ of C~ ~.
for ~ ~tt~, tb mtl~ c~r1~ 4/0.
~: 11:50 A.M. - ~v~: 12:05 P.M. at ~tch t~
~ ~t~ ~tn ~lac~ ~rdtng ~t~ ~
(0108)
3ann/far Edwards, Assistant to the County Manager, recalled having
approached the Board in June to discuss the 1992 Cable Act, along with
the advantages or opportunities It affords local franchisee authori-
ties. She said she was authorized in June to regulate customer ser-
vice atamdards, which Staff lo in the process of doing. She requested
that the Board now authorize Staff to apply to the Federal
Communications Coulee/on (FCC) to regulate the basic rates, noting
the application form ia part of the agenda package.
Rewpondlng to Commissioner Constantine, Ns. Edwards stated if the
~oard does not apply for this certification, the basic cable rates
will not be regulated at all. She said the FCC will control the tiers
above the basic channels through bancl~nark formulas they have
developed, but only if they receive a complaint from a customer or
from a franchise regulator. She indicated basic service Is considered
channels 2 through 12.
~ Fuchs, General Nanager for Colony Cablevtston, stated there Is
r~o ~ to rush into this process. He said the window of opportunity
to seek certification from the FCC does not close, and can be applied
Page 14
August 24, 1993
;for at any tiao tn the future. He reported the FCC has provided tho
cable tndultry with a 500-page document which includes numerous
~[~* Charts, graphs and formulas to work through tn order to determine what
ts a'reasonable rats based on benchmark foraulas. He detailed many
ldJum~nts to the rate structure which Colony Cablevtston will put
~i' Into effect on September 1, 1993, resulting in a savings to the
.mV/r&gm customer.
~,?: Co~lAsetoner Yelps questioned if the rate changes are In order to
~.?b~lng Colon¥ C~blevtston into compliance with recently snacted faders!
~/ .i ~o Fuchs replied that without & doubt, the changes are driven by
~the FCC rulss and regulsttons, but Colony is also making a good busi-
ness decision to movs forward tn this dtrsctton ~tthout hsvtng a cer-
tification.
Co~lsstonsr Constantine asked if a time frame has bean
est&b21shed in which the new cost structure will be maintained?
, .'., :* ~r. Fuchs stated those portions of their service which are regu-
lated ~re ~ubJect to defined programs in the law on how cable opera-
toro c~ nod/fy rates. He said ~o ffactors will afffect rates for
r~lated oe~tceo, e~ctftcally, the cost of progrm~ng ~d a for-
f~ ~la for the coot of l~vtng. He said they are allowed to pass on
tncreues tn programming costs to the customer, and the cost of living
ts b~ed on rates published in the ~all Street Journal.
The following people spoke regarding this Item:
Chris Straton Brad gores
~t~ ~lpe moved, to ~ m~bmtttal of ~
~tt~tt~ to ~ ~ for cable rate ~latl~ ~ tM ~U.
!~. Edwards reported that certain changes need to be made to the
resolution. She said the form number within the resolution should be
corrected to read Form 328 rather than Form 393. She also stated at
the and of the fifth "~hereas" paragraph, the words "benchmark ratee"
should be added. She concluded Staff's recommendation Includes a
Page
August 24, 1993
~:~lqusst that, if after future analysis, a determination is made that
'~tes could be reduced, Staff be given the opportunity to file a
'?CcmPlaint to the ~CC.
,<..~ · ~l~w~ Volp~ ~ tbs motion to lnco~)orute tbs ~
Responding to Commissioner Norris, Assistant County Attorney Hetdi
Ashton explained approval of this request will certify Collier County
to r~gulate cable rates, not provide the opportunity for potent/al
.,,regul&tton.
In ~nm~er to Commissioner Constantine, Ns. Edwards stated the only
other act/on needed would be to amend the ordinance to be consistent
~.. with l~CC regulations.
Commissioner Volpe commented the community is looking to local
':;-'iil g°smrrm~nt to Intervene on Its behalf In a situation where currently,
th/re is no other competition.
;,., .' ~t~ lanmdere seconded t~ ~tt~.
Coatsstoner Const~ttne cou~tcated he ts not In favor of this
request. ~e said the role of local government ts to protect the
i health, safety and welfare of its citizens and In his opinion, cable
:. television does not fall under any of those categories.
Commissioner Norris Indicated Colony Cablevtston has showed a good
faith effort In the planned reduction of its rates by September let.
" Ojmm e~l/l for th~ question, the motion for appml r~lult~d in a
~:.
Co. tsstoner Sanders recessed that this Item be placed on the
agenda for the meeting of September 7. 1993.
f~JBNXTTKD TO THE FIDKR&L C(~iuIrlC~TXOBB COIOIISS/O~
~~ ~ ~ ~ ~ S~ ~ I~&TIOI
~l~ ~~ ~lO ~ ~T ~ ~ZLZ~
~0 ~ LZ~ ~ ~ ~ ~
Sheriff Don Hunter encouraged the Board to approve the Request for
Page 16
August 24, 1993
Co,missioner Saunders commented that discussion Is'on-going ·s to
in whose nue the licenses are vested. He said the Board of County
Comaisatoners h·s taken the position they should be vested tn the
Board, and the Sheriff is also attempting to clarify this issue. Be
&eked if it would be ·ppropriate at this time to have both the Sheriff
~d ~1~ Ch&tr~n of the Board of County CoBleelonare sign the letter
re R~queat for Waiver, so that the FCC understands that this applica-
tion would be appropriate regardless tn whose na~e the licenses rest.
A~atst&nt County Attorney Tom Palmer Indicated there would be no
legal ~roblam with the Sheriff co-signing the letter.
Sheriff Hunter ·greed to Join the Chairman tn signing the letter
l~ue~ting an extension.
smd ~~ 4/0. to ~p~ove · ~eque~t for ~tv~r to be ~tted to
Page 17
August 24, 1993
,,;:!:'~ ~a~D~ CO~OLIDATXO~ OF TB~ lO0 M~Z CBAN~B~S - ~OTIO~ TO
(/:'l~~ ~O~I~M~TIO~ TA~D U~TII; g/7/gS
Co~mtealoner Saunders reported the Sheriff has asked that the
Board continue this item, because it may result in a possible delay
with the Request for Waiver to extend the slow growth Implementation
!~'. schedule.
Assistant County Attorney Palmer disagreed that a delay would
occur. He said he does not believe the FCC will consider this request
to combine the 27 channels under one callsign until they have decided
v~lether or not to grant the slow growth waiver, because if the slow
g~owth waiver is not granted, there are no channels to combine.
Comiesioner Constantine noted the Sheriff has agreed to a con-
ference call between himself, the Sheriff and Mr. Regtec of the FCC,
to clarify matters concerning the combination of the 20 and ? channels
currently licensed to Collier County.
Sheriff Hunter added there is a great deal of confusion pertaining
to · number of issues, not only with the licensing, but the ~anner in
which it will be operated. He said those issues will be quickly
clarified if the committee is able to ask questions directly of Mr.
~ Regiec.
The following people spoke regarding this item:
·arl Hedges (with letter from Earl Frye) Jack Pointer
Kathleen Paeeidomo Chief Charles McDonald
Comiseioner Saunders asked Mr. Hedges to ascertain from Mr. Frye
what he means by "conflict of interest" as stated in hie letter. He
also noted he will talk with Mr. Frye himself on the matter.
Re~ponding to co~ments made by Ms. Paseidomo, Assistant County
Attorney Palmer explained that currently 20 channels are Issued under
one cmlleign, while the other seven are issued under a different
(./ cmlleign. Re said the object of this request for consolidation would
~J be for the FCC to issue all 2? channels carried under one of those two
cmlleAgna. He indicated FCC rules contemplate that two calleigne will
Page 18
~*~, ~'f. AUgUSt 24, 1993
riecessitate building two stations, removing the option of having the
futura r~stem operated from one station.
seconded by Co~tosioner Volpe to for-
.m.-4 · ~ to the ~:Ic to combine all 27 channels currently is~zed
t~ C~IIt~ Ceu~und~r Calls/gU ~ 955.
Sheriff Hunter asked to be on the record as having spoken with Hr.
Re, tee of the FCC who has indicated this request will definitely
' affect the request for extension; that this consolidation request
could lengthen the process from 90 to 180 days, requiring an addi-
tional application fee through APC0, as well as a possible additional
study through APC0 for site determination and delineation; and that
all of the above will confuse the Issue of the extension.
Commissioner Saunders asked if Sheriff Hunter will co-st~n the
letter requesting consolidation of the channels?
Sheriff Hunter responded tn the negative, stating he does not
think the request for consolidation ts prudent at this time.
Assistant County Attorney Palmer suggested that a sentence be
added to the letter stating this request only be considered by the FCC
if It will not affect the process of deliberations on the waiver.
Co~-isstoner Saunders communicated he would rather the FCC con-
sider the ~atver without any possibility of Interference, and there
will he ~uapls opportunity in the future to file this request for con-
sol/St/on.
Commissioner Constantine agreed with Commissioner Saunders' com-
ments.
· ~ 4/0, to Mle ~ ~tt~ ~ttl t~ mtt~ of ~~ ~,
1:10 P.M. - Roconv~n~d: 2:06 P.M. at ~tch ttlo~
Coeatsstomer Constantine did not ret-am, see
(2044)
Xt'~m 1fAO&
' II~Or,,IF~OII tS-S52 AFFOX)ITXNG I~k.RVX~I L. RUSC TO TI~ BOARD OF BOXLDX)IG
~u~ F/leon, Administrative Assistant to the Board, reported a
press release ms issued for appointment to the board of Building
,00, 0007'$[ '15 Page 19
AuO~st 24, 2993
Adjustments 8nd Appe&ls, and one resume was received.
~~ O/O (~utur Cutntim ~t), to ~t ~luttm 03-382
~~ ~ L. ~ to ~ ~-~ to~ ~ the
Page 20
HI. Ftlson noted she received resumes from slx interested citizens
to fulfill the re~ainder off & vacant term on this
Co.~ieeioner Cons~ttne asked ~ha~ the Board consider
~istopher Hag~ as a seaber,
August 24, 1993
JLLTKII&TI~; TIIFr&TXVE INLTE~ J~R THI ]~JLRX~S SIT ~ g/27, g/2g AJ~D
C~lmton~r Const~ntin~ ~v~d, seconded by Omtsst~r
4/0, to ~int Co~sstone?s ~orrlm, Vol~ ~ ~tt~ to
~ ~ Val~ ~J~t ~d, with O~tmmt~rs
~ ~ ~~ta; ~ ~t t~tmtl~ ~tsl for
~~ ~ g/17, g/ia ~ g/30/gs.
Ommieeloner Norris noted he asked that this discussion be placed
;on the agenda for reconsideration In two weeks. He said there has
· otgnific~nt change In the ctrctmstances since the Board
:-;- recently heard this Item.
!i :.: County Attorney Cu¥1er suggested the Board consider this as more
~)~,~' ~ a rec~ldoratton of the Item, because Mr. Neale ~de it clear
.tht he does not represent some of the affected pro~rty o~ero, ~d
~:hrd Mm~ro have received corres~ndence from o~ero indicating
8~,
~ p~ ~ l~ ~ ~ ~ for t~ S~t~r 7th ~d of
~W ~~, for r~i~ration of the
g fl~ 1~ ~ior to ~tldhg ~att is~c., u it r.l~t~ to
a ~1~ ~ ~t~ ~ ~t~ ~ htrtck H. lemlo.
Comtsetoner Volpe couented this Issue has been discussed by the
Bom~ on at lent two previous occasions, and he cannot support this
~econslderatton.
Page 22
August 24, 1993
Ralph Cunningham with the State Attorney's Office, asked that the
.Bo~rd approve a request to use the competitive quote system rather
(i~i.;.~hln the competitive bid system in the purchase of a replacement
!tmder¢ov~r vehicle. He said the State Attorney has used this
i~WhAch h~s been approved by the Board of County Commissioners for the
.'P~t 10 %r~ars, because it allow~ increased participation frei dealers.
concluded by asking that the Board authorize the State Attorney's
~ /0ffAce to accept the lowest of the submitted quotes and purchase
Vehicle offered by Bob Taylor Chevrolet.
~aZ~:lO4 4/0, to ~ puz'cba~.~ of a replacement undercovw~ vehicle
Ill by t~l Itatt&tto~'l of£~ce.
Legal notice having been published An the Naples Daily News on
August 8, 1993, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened.
Fr~k Brutt, Co~mnit¥ Development Se~ces A~n~strator,
'recall~ ~rlng the ~dget workshop of 3~e 14, he notified the ~ard
~.~t ~ ~ct~ o~t of r~enues In relation to the
"~%co.to ~n ~d 113 varied by approx~tely 8800,000. He sa~d the
/8800,000 fibre ha~ ~en st~ific~tly reduced by delaying certain
to l~k ~nto the e~enmem for their o~rations relative ~o
. He ~nd~cated they ales looked ~nto r~uc~ng the need
~ ~eee~ee ~d ~oney fro~ the general f~d ~ $200,000 or
· '9300, OOO ·
He a~vised that the fee schedule being proposed this date
Page 23
August 24, 1993
reviewed by the Develol~aent Services Co~aaittee. He reported
propoled fee Ichedule will generate approximately $445,000 and
.consequently, reduce the need to utilize reserves.
~. Bruit referred to the second page of the resolution, which
proposes to charge a fee of 8200 for the third review of site develop-
plans and 8500 for the third review of subdivisions. He coa-
'~lented Staff te reviewing some projects as many as .even tie"., even
thou~ the public Is told what is needed. He reported Staff Ia
t~2rther recoil.riding that for the third and each ~ubeequent review of
sate devmloplent plans and subdivisions, the fees of 8200 and 8500
t~e~pectivel¥ be charged.
Mr. Bruit described other changes in the fee structure, including
deletion of the Carnivals & Exhibitions Petition fee which Is included
in th~ new Temporary Use permit for Major Special Event.. He
concluded with a recoluaendation that the Board adopt the proposed
resolution.
C°lUlisetoner Saunders stated the public hearing ts closed.
~t~ Volpe moved, Becc~ded by Commissioner Ior~ls
c~t~ll~ S/I (Co~luton~r Constantin~ opposed), to ~dopt R~lolution
S$-S~4~Ath ~ ~ as proposed
Page 24
f
August 24, 1993
Lille (CCSl;) TO COI~fRU~ ~tLEN~ ~D I~EL~T~D
Legal notice having been published In the Naples Daily News on
August 8, 1993, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened.
Barbara Burgeson, Envtrormental Specialist, presented Petition
.'~CSL-93-4, which requests a variance from the CCSL to construct brick
p~v~ w~lkways; reconstruct a walkover destroyed during a stor~ in
P~rch; & deck with a shower at the northern walkover; a shower at the
southern walkover; ~nd a water line to provide water to the showers
b~ing proposed. She concluded with Staff's reco~mendation for appro-
'~1 of this request.
Responding to Coatssioner Norris, Andrew Plu~, Nanager of the
It Gulfside Condoatntma, explained this variance is necessary
becsmee they elected not to rebuild the walkover exactly as it pre-
Oo~leeloner S&unders stated the public hearing is closed.
" ~ l/~, te ~ Pwtitton CC~L-gS-4, thereby e~iopttn~
Page 25
Augllst 24, 1993
95-~56 ~ P~TZTZOII CC~.,-93-5, LA PLATA AB~CY. JI, TZON, Z~I~.,
; ~: ;~ A ~ FltO~ ~ CCSL TO ~ AIID ~ All Er&~TZ~
((i~' ~ ~ FO~ ~ LOCATED AT CONIIOI~ V~1'LT
.. Legal notice having been published in the Naples Dally News on
~ August 8, 1993, as evidenced by Affidavit of Publication flied with
the Clerk, public hearing was opened.
Barbara Burgeson noted Petition CCSL-93-5 Is also the result of
the storl~ in March which was noted in the previous petition, and which
.damaged the subject eeawall. She reported the petitioner is proposing
to restore and also extend the return seawall landward 24 linear feet
from what existed prior to that storm. She concluded with Staff's
!.. recoemendatlon for approval of this request.
· Co--issioner Saundere stated the Public hearing ts closed.
~~1~ Volp~ ~mmd, ~econd~d by Commissioner ~or~ie ~nd
c~r~tg l/O, to ~pprove P~tttton CCSL-gS-5, thereby ~doptlng Re~olutton
,00, 000P, , 59
Page 26
August 24. 1993
'QIi~BdB~,~iTIBIIrJ31BRllX~ IT~FBTltTJ. L PAI~ NUIIICZPAL ~C~ T~ AID
Legal notice having been published In the Naples Dally News on
Aug~l~t 5, 2993, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened.
Assistant County Attorney David Wetgel explained this request ts
for a minor a~end~ent to Ordinance 85-32 relating to the Pine Ridge
Industrial Park Municipal Service Taxing and Benefit Unit. He said
the proposed language has been provided by Tom atbltn with Nabors,
Gib/in and Ntckerson, bond counsel for Collier County. He reported
Mr. Gib/in has ~uggested a modification be made to clarify and make
~ors ~pectfic, certain financial and administration procedures uti-
lized by the County.
In ~e~ponae to Co.missioner Volpe, Assistant County Attorney
Weigel reported there will be no further cost passed on to the pro-
party c~nere aa the result of this amendment.
Comisetoner Volpe communicated he has spoken with several people
who h~ve raised a concern with being required to prepay their
mssesmnt before they know what the interest rate will be on the
bonds that are being sold. He noted they may not want to prepay this
assessment tf the interest rate is low enough to keep their money
invested tn another place. He asked if there ts any way to let pro-
perry owners know what Staff generally believes the Interest rate will
be, 8inca they will be asked to prepay before the Interest rate ts
fixed?
A~sistant County Attorney Weigel communicated he is reluctant to
~ ~CLCh a at&te~ent.
Comisstoner Volpe asked if the interest rate may possibly be
e~ollnd 6.5~ to ?~0 to which Assistant County Attorney Wetgel indicated
those Fates are in the general range.
Commissioner Saundere stated the public hearing ts closed.
Page
August 24, 2993
O~ll~t~ Iorrie ~;,ed, seconded by Co~iealoner Yelps
clzTled 4/0, to ~mend O~dinance 88-32 relating to the Pine Rtdg~
~~ P~kllunicipal Service Taxing ~nd Benefit Unit, ~nd that
Or~ g$--O8 be adopted and entered into Ordinance Book !1o. 63.
';;
010XIBI~BOI-IOJWIIBDXIO ORDXIAIFJB 88-23 KKr, ATX]~ TO THE COBBTRUCTXOI
OII OEUI:BXTX01OfPIOflBCT~ WXZIIIONXCZPAL SKRVXCE BZII3~T UNXt~
Legal notice having been published in the Naples Daily News on
August 5, 1993, aa evidenced by Affidavit of Publication ftled with
public hearing was opened.
Assistant County Attorney Weigel stated this item ts a reco--en-
d~tton for clarification of procedures and administration of Ordinance
88-23, known as the Collier County Home Rule Ordinance, which pertains
to all Collier County special assessment districts created since 1988.
He noted the language being amended Is of a more minor nature than
that added to the previous agenda item, but to for the sase purposes
i: of clarification.
Coutesioner Saunders stated the pub/lc hearing is closed.
O~l~tae~w II. trio m:nmd, ~e~oz~ t~ C~t~ Vol~ ~
~ 4/0, to W ~/~ce lO-il relat/~ to the ~t~t~ or
ecqe/sitisa ef projects within Ituatclpal Service ~enefit Units w/thin
Oz*dXmmmoo Book Io. 63.
(0040).
~ 9S--(~ AEB ~3~LOTI011 g3-307, AM~IDX]I~ 0RDI3IA]IGI gO-S0, A8
i;::'" al~E~, 1~ IIBNtTO~f SOLID WASTE SI~CXAL ASSESS~BT ~OE AND
legal notice having been published in the Naples Dally News on
August 5, 1993, as evidenced by Affidavit of Publication flied with
the Clerk, public hearing was opened.
Assistant County Attorney Welgel described this item as amendment8
to the Mandatory Solid Waste Special Assessment Collection and
Page 28
August 24, 1993
Disposal Ordinance to provide additional measures of flexAblllt¥ to
a~sAst Staff In correcting certain bailing errors, partt~larly ~r-
T~n~ To ~he 1991 initial ~e~ice year. He eatd the
al~o pr~Ade flextblli~y to Staff to a~lntstratlvel~ h~dle certain
m13 arrors ~d ontssiono that scar ~hen the recipients of service
Tender ~ent whAch may ~lso the ~o~t actually due based on
Antereot Tha~ access, He e~lained Stafff As suggesting through
mn~nt To u~llize ~d 470 to t~e care of said omissions ~d
orroro. He also proposed that ~he Board adopt by resolution, a
:?:' of a~xtMtely 500 accosts ~der the 1991 8e~lce year which will
.,.
~ referenced by the ~bJect ordinance amen~ent as certain accounts
for ~tch there ~tll be special treatment based on the fact the pro-
:
,,, ~rW ~ers did not receive bills due to a merger of the rolls.
C~tlstoner Sanders stat~ the ~bltc hearing ts closed.
~ ~ ~ ~o. 6S.
tel~ ~ ml~tial ~c~ts ~ ~srs did ~t ~t~ bills
OF;ICE AS OF
Paga 29
August 24, 1993
(144)
MICHAEL A. DIWZTT ABD 3A,SO~ABDKRSOJf RIqUES~IIO A
~ Ar, COHOLZC BEVERAGES ~ A INLY CARE CrKBTKR, ~
BIT,~ AID G~tMI ROOM, LOCATED AT 10063 TAMIAWI TRAZL
Legal notice having been published in the Naples Daily News on
August 8, 1993, as evidenced by Affidavit of Publication fi/ed with
the Clerk, public hearing was opened.
Planner Bob Nulhere explained the applicant 18 requesting a waiver
of 380 feet from the required SOO-foot separation between establish-
Mntm selling alcoholic beverages for on-premise consumption, and an
ex/sting day care center. He said criteria for the Board to waive al/
oF pm~t of the distance requirement is set forth tn the Land
Development Code (LDC). He reported after reviewing the criteria and
working with the applicant to draft certain restrictions which are
outlined la the Agreement Sheet, Staff is recommending approval of
Petition AW-93-1, He noted the restrictions include the requirement
that alcoholic males not exceed 49 percent of gross business salem;
limiting the seating to 30 seats; no live entertainment; the hours of
operation shall be limited from 11:00 A.M. to 12:00 A.M.: and
Installation of a five-foot opaque fence along the entire property
line between the day care center and the subject business.
Commissioner Saundero reiterated concerns he has expressed in the
pest regarding whether or not the SOO-foot separation requirement
makes manse. He asked If It continues to be Staff's position that it
valid requirement?
Planner Nulhere responded Staff would like the opportunity to
'; review theme situations on a case-by-case basis in order to provide
'.'- for stipulations such as in this case, which will minimize Its impact
:,,:%: on the surrounding area.
Commissioner Saunders recalled the rationale for the LDC providing
ll. mechllnimm to waive this requirement was there may be natural or ~an-
Bade boundaries, such aa a canal, that would Justify a snaller aspera-
Page 30
August 24, 1993
rASh. He said in this case, there is a separation of a 60-foot strap
"of-l~nd ~nd a 60-foot wide road. He suggested if this petition is
· pproved, the Board has eliminated the requirement of a separation.
Co~lsstoner Volpe agreed and referred to the old Noose Lodge on
Pine Ridge Road which ie separated from a church by a six-lane high-
way, hog. var, the majority of the Board found there was no natural
barrier separating them.
Planner Mulhere indicated Staff must look at all the factors and
not si~plywhether a man-made or natural boundary exists. He maid
this ~pplicant Is willing to build a five-foot fence which will
.increa~e the distance for pedestrian traffic between the subject pro-
?,. pert~ and the day care center to above 250 feet. He stated the fence,
in conjunction with limiting the hours of operation and ~alntalning a
· beer and wine only license, are sufficient to minimize the potential
,~:~: ' i~p&cta for on-premise alcohol consumption.
Responding to Co~tssloner Norris, Planner Nulhere replied Staff
received one complaint, which concerned whether the actual use of a
~ room ts pemttted, which it is. Be said he has heard nothing
further from that individual. He added the applicant was required to
notify the day care center of this petition and it was further
suggested to him that he contact his neighbors and notify them of the
stip~lations a~reed upon.
Michael MItt, owner of Mtckey Finz Billiards, stated he has
notified the day care center through certified mall, however, has
received no response. He Indicated he has also notified residents of
the are~. He ~lained this r~est is for sale of ~er ~d wlM In
=onJ~ction with food, as a convenience to patrons of the ~e room.
Commissioner maunders stated the public hearing ts closed.
~tsstoner Saunderm co~untcated his objection ts not in
reference to the location. He said in his opinion, approval of thim
petition will completely eliminate the 50S-foot requirement, and pose
a proble~ for the Board in denying future petitions of a mimilar
Page 31
August 24, 1993
Mr. De. itt advised that his property ts set among four C-4 par-
cele0 is isolated by an unbutldable piece of property and ts not on
the ma~e street as the day care center.
¢oa~issioner Volpe stated he has the sa~e reservations as
Commissioner Saunders.
Co~isaloner Norris disagreed, commenting the Board has the abi-
ltty to be selective In these types of approvals. He also noted the
petitioner has notified the neighborhood and has heard no objections.
In response to Commissioner Saunders, County Attorney Cu¥1er
etate~ the Board ~ust base its decision on the criteria met out in the
~t~t~ Iorrle ~, ~ by Coa~tuloaer ~~t~ to
Volp~ aa~ ~ ~], therefore, no action ~a~ tai~n.
~maads~i~ S~r~'tm ~ov~t, seconded by Commissioner Constantine
~egal notice having been published in the Naples Daily News on
August 8, 1993, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened.
Co~unit¥ Development Services Administrator Brutt explained a
scrivener's error has been discovered concerning the location of the
~Ject property, the Hope Wesleyan Church. He said the resolution,
which approved an expansion to the church, Incorrectly referenced the
church ae lying within Section 21 and should be corrected to read
Section 22.
Co~mtlstoner Saunders stated the public hearing ts closed.
~i~ C~t~ttn~ loved, Rcon~ by Co~iuioa~ lo~le
Al:ZOl~t 24,
004 ~l~I~ 4/0, to adOl~t l~e~olution 93-358 ~ing Re~olution 93-234
to ~or~ect · ocrive~er'e error In the title.
,oo,~ 000~,~ 69
Page 33
August 24, 1993
Legal notice having been published in the Naples Daily News on
August 8, 1993, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened.
Commissioner Saunders stated the public hearing is closed.
C~l~l'le~ 4/0, to ~t ~olu~i~ 93-359 ~ng ~2ut~ 93-236 to
Page 34
August 24, 1993
~ (o2o)
iBSOM/TZOI 00-860 RS PrTITTC)ll V-03-13~ DOWHA ~. POLLOCI: AND /RA]IC~ZS
lfflJLLIIID JllJ~ & TIIRII-J~OT VARTAIlCE r/tC~ TKI NAX~2N IIITGHT OF
S33~ ~ TO JI1WB ~ FOR A ~ SLAT. F. II~ RIVIERA GOL~ ESTATES -
Legal notice having been published in the Naples Daily News on
AUgust 8, 1993, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened.
Pl~ul~ar Way, la Arnold presented Petition V-93-13, stating Donna
Pollock ts representing herself and a neighbor, Francis Whaland,
requesting a three-foot variance from the required height for a fence
to nine feet, in order to construct a noise barrier for their proper-
tAea which abut County Barn Road. He recalled in 1989, the Board
approved m similar variance for 1! lots along County Barn Road in the
sa~e ~ubdtvielon. He reported the applicants are proposing to build a
concrete block wall to a height of nine feet, which would result in
tho w~ll being approximately six feet above the road elevation. He
noted Stiff has asked for a stipulation that the wall be constructed
w~thtn their landscape buffer to act as an additional aesthetic
buffer. He concluded the CCPC has unanimously recommended approval
~bJact to the stipulation of the reviewing Staff.
Responding to Co~missioner Constantine, Planner Arnold replied
that Staff typically looks for a hardship condition. In this case, he
said, the properties abut on a local street as well as on County Barn
Road. He said County Barn Road is becoming more of a collector road
and s~milar variances have been granted in the past.
Conissioner Volpe advised he Is supportive of this petition,
noting that the County is in the process of four-lining Coun~ Ba~n
Ro~d, which will only worsen conditions for residents along that road-
way.
Contss~oner Saunders stated the public hearing ~s closed.
g ~sz~iod 4/0, to ~ P~tition V-93-13, thoFmby adopting
Page 35
August 24, 1993
Legal notice having been published In the Naples Daily News on
August 8, 1993, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened.
Planner Arnold presented Petltlon V-93-1§, Vincent Perrotta
requesting a variance in order to construct a lanai addition to their
existing home. He noted the building permit for this structure was
approved by Collier County Butldtng Department; however, when the spot
survey was resubmitted for approval, Staff realized there was an error
In the Issuance of the original building permtt and that It did not
mt the required 25-foot front yard.
Commissioner Norris asked If this ts an error on the part of
CountY Staff, to which Planner Arnold responded in the afftrsattve.
Comtseloner Saunders stated the public hearing Is closed.
g 8BI'JL~A~d 4/0, ~0 IpIiFI~VO l~tttion V-93-23. t~by~t~
Page 36
~ (~)
BOJLI~ OF CCKFITY C~l~lSSlONl:ltS' CCB~K/HICATZOlrS
August 24, 1993
Conissioner Saunders informed that the Tourist Development
Council has voted unanimously to ask the Board of County Commissioners
to reopen for a period of 60 to 90 days, the ability for people to
apply for Category "C" funding in this current funding cycle. He
explatne~d Category "C" projects are those special types of projects
designed to presets tourism, i.e., festivals.
Commissioner Norris asked how further advertisement on the avatla-
bilitF of these funds will affect those applicants who filed within
the original ttme period allowed?
Co~tsaloner Saunders stated all original requests have been
approved for funding and will not be affected by this request.
Commissioner Volpe ~crewd, seconded by Commissioner No~te and
o~Tid 0/1 (Cc~tmloner Constantine opposed), to allo~, ~nd properly
K~ fo~, n ~ddttional SO-day period In which to smb~it ~pplic~-
tis ~ C~t~gen~ 'C' funding.
Commissioner Volpe communicated he has read a recent decision that
states when a municipality leases property to a private organization,
the Tu Collector ~uat assess that property and add It to the tax
rolls as subject to ad valorem taxes. Referring to the fact that
Collier County leases property such as T-hangars at the airports, he
Indicated he wants to Insure that the renter and not the Board of
'County Contssloners pays those taxes. He said in talking with County
Attorney Cuyler, he has found that all leases since 1986 provide that
~ny assessed ad valorem taxes are paid by the tenant. He questioned
if the sm ts true on the intangible tax on leases?
Conlsstoner $aunders suggested County Attorney Cuyler work with
Commissioner Volpe on this matter.
Bill Lorenz, Environmental Services Administrator, communicated
the Envll'ormental Policy and Technical Advtsow Coutttee (R~AB) to
Page 37
A~t 24, 2993
a ~orkshop ~h the Board on the NRPA P~ogr~.
C~W Atto~ey ~]er asked ~or c~ar~ca~on ~d conf~=~on
.that the C~W A~o=ney's Off,ce ~s ~he Board's des~ee on me=ge~s
.and splits as ~ell as the certification of the asaeaa~en~ rolls.
' C~X~IEI~ 4/0, to mc~mo~ledg~ tb~ Cogm~ Attozm~'s Off/ce u the
4/0, t~at t)~ following tt~l~ under
~p~oved ~nd/or &do, ted:
RECORDED IN OR BOOK PAGES NOTE: Documents not provided
to Clerk to Board Office
as of 10~25L93
LOT LX~ ,U),..~*ST'II~ O~ LOT 242 &lid LOT 242, A
IISQ~,UTXOB 00-340 J~ LOT LXIII ADJOBTMKB'T 01f LOTS 7 AJlD 8, ~ 47, A
PORTXQI Off · PI~It'XOOHLY KECOIU]~X) PLAT KJlOWI AS MARCO B~ACH OlXT TMO
· ~ t~-S42 RZ LOT LI'llZ LO3OBTleg~ 0/' sl'r~ So, 30 MID 40, a
'~ Off A I'Igg'ZOOST, Y I~"ORXFBD FT.,AT ~ .ILS I~LXCAI SAY, ~ ~
.:'. I~ 0J-040 II::KSUBDMS*rOll OF TRACT 2.18, A IKrR'I'IOI OF A
IJ'I~T'Xlff~LY JI:BOOJl3JlD PLAT I:IIOMI AS GOLDIII GA'X'~ ~TATI;8, UIlXT IO. 194
LOT LZIK ~ 0F LOTS 17, 18 &BID 10 OF
' "* *. i" : ;' ~C~a"AT Nm ~x'm~ ~ SXTI DEVI~)PNB]~ PLM/ mC). 02-114 'ST.
Xt~ ~0
IWXCK~
FOR L&IDSCAp'rI~o I~R SlTB DIVELOPMIFf PLAX IlO.
91-104
SeePage
XJ~g&XXOg FA~ILZTXKS A~KPT~ FOR THK CL&RZD~IAT PKLZCA!
BAY ogTT~THISTXlqLATXOWB AS LXSTED X~THE EXBC~2TX3~~
RECORDED IN OR BOOK PAGES NOTE; Documents not
rovided to C£erk to
oard Office as of
10/25/93
03-3 "l'~SS
RI:IOr,,UTXOII 00-046 RE REHUBDZV'ZSZOX OF A PORTXOIJ OF A PR3EVZ~Y
J~0&D ~ PRO3'KG~ ZJl GOLLZKR ~ TO BR PKRF~qJ~D BY HKIIDRY
CXR:JBITT FOR A(~ff:SS TO A SOLID MASTE FACZLZTY ZII ~ GOI3JlTY SI:JB3KGT
TO P~BEZTTZI~ Zig ACCORDAIIGE WZTH GOLLZER GOUJlTY ORDZII'AIIGE 82-91
~R&B~B~"OSp' IPUIM TO COVKR DATA PROCESSXII~ CHARGIS FROM TH~
'J~ZJ' ~ ZJ ~ AJ~ OF 844,500.00
: ¥.~ B~D d~JO-.2014 FOR 3,1kG~ JUID BOR~ S~'V/C~'~ '1'0 CABA~ COJlBTRUCTZOll
" 331~*, 131' THI BBT33tlAT'KD AMOOBIT OJ' $60,000.00
Pmgo 4O
.to o/?/o3 me't:f, ng
,SD~3I'Y. STItA'L'~R TO EXF. CUTZ SAID CHAI~3K ORDKR - lJ~ THE
lq_~
'~.~ ~ ~ TU PAY AID ASRKIMIIT TO EXTB3rD P&TMErF OF SE#IR
ALL B33~ ~ UIIDKR BTD f~03-2075 FOR THE PURCHASB OF
&U~lZ~t :2,1, 199~
The following miscellaneous correspondence was flied and/or
z~farred an presented by the Board of County Co..alsstoners:
l~ge 42
August 24, 1993
1902 ?MHIXBLI PIItSOIAL PROPERTY
1092-2S? 8/9/93
See Pages NOTE: Documents not provided to Clerk to Board
ot~ice as o~ 10/2~/~3
See Pages NOTE~ Documents not provided to Clerk to Board
office as of i0/25/93
See Pages
There ~Lng no further ~s~neas for the Good of the County, the
~t.i~t~ng was mdJou~ed ~ Order of the ChaLr - TLme: 3:15 P.M.
BOARD OF COUNTY CO~ISSIO~RS
BOARD OF ZONING APPK~S/~
OFFICIO GO~ING BO~D(S) OF
SPECIAL DISTRICTS UNDER ITS
CO~ROL
BURT L. SAUNDKRS, C~IRMAN
by the Board on
or &s corrected
Page 43