BCC Minutes 11/09/1993 R Naples. Florida, November 9, 1993
...IT BE RENEHBKRED, that the Board of County Commissioners in
of Collier. and also acting as the Board of Zoning
as the governing board(e) of such special districts as
.~t,~ .
created according to law and having conducted business
met on this date at 9:00 A.M. in R%G~,&R SIRSION in Building
.,the Government Complex, East Naples, Florida. with the
members present:
CHAIRHAN: Burs L. Saunders
:.~..... VICE-CHAIRMAN: Timothy J. Constantine
.,,, John C. Norris
~:~! Michael J. Volpe
Betrye J. Matthews
John Yonkosky, Finance Director; Annette Guevin
Recording Secretaries and Ellis Hoffman, Deputy Clerk;
County Manager; Jennifer gdwards, Assistant to the
Ken Cuyler, County Attorney; David Weigel, Ramiro
Martha Nowel/, Richard Yovanovtch and MarJorie Student,
; County Attorneys~ George Archibald, Transportation Services
; Frank Brute, Community Development Services
; Bill Lorenz. Environmental Services Administrator; Tom
Public Services Administrator; Norris I Jams, Emergency
~ Greg Mihalic, Affordable Housing Director;
Budget Director; Dick Clark, Code Enforcement Director;
Acting Solid Waste Director; Ken Beginski, Current
Nanager~ Russ NullaT, Transportation gngtneer~ Sam Seadab and
'Planners; and Sue Fileon, Administrative Assistant to the
Page
Item #SD1 - Consideration of hardship program for
residential properties within Xast and South Naples Sewer
Project - Continued to 11'/23/93.
Item #15 - Staf~ Communications - Scheduling d~scusslon
Insurerice plan design changes - Added.
Item #9D - DIscussion re Point Narco Eminent Domatn Case -
Added.
..is.
Page
November 9, 1993
' AI']sAOVE. u AID/OIl
: !~ ":~.,'~':~ ,~,,mot~on for mpprova] of the concent ngendm le noted under Ztem
,: ,.
,~,...-.
Page 3
November 9, 1993
reading and presenting the Proclamation to O. 8. and Tlna
Cmedeeloner S4mndere moved, eecanded by Comalemionmr Volpe
CtZTltd ~'~a i' ~usly, that the week of November 8, 1823, he
as American Indian Days Week.
!~'~eading and presenting the proclanatlon to Executive Director
2hiauel, Commissioner Matthe mved, seconded by Ccaiseloner
..:.
tf~eandcarriedunaniaously, to adopt the proclmtion
Jo~._ ~a~ 18, 1993, seDav~dL~enceCenterDey X993,
-?
Page
November 9, 1993
Ind presenting the Proclamation to a group of
,sting~iehed veterans from the co~uaity0
Page 6
~ ', :. Cl -
:* ~~r, on his fifth ~lversary of employant with Collier Gouty
}. ' ;,;.:" :~d :'asked tha~ the~ be adopted,
.,
:-'~ ~ F~ce Director Yo~os~ presented the statue o~ all the Special
s In Collier County In compll~ce with Florida Statute Chapter
.89, '. He e~la~ned Chapter ~89, which came ~n~o existence ~n 1989,
~ent~fJss all Special D~str~cts and also dsf~nes a method of
and certain dependent Special Districts created by the Board
Coamisaionera are In compl~ce w~th the State Statu~es.
Nlhaltc, Affordable Housing Director, recalled the Board
Staff at the September 7 meeting to prepare an inventory of
Pa~e 7
~. a~da s housing units within Collier County. He reported an analy-
i;: '-~ siS'Was done using 1990 census population counts and 1993 median tnco-
!, ..': j. lean .lie said the Inventory shows &,T&7 rental units within the urban
% <,' ',~;&']Jn large rental complexes and through property managers with a
~ its, he said only ~43 are affordable to very low ~ncome persons at
~"-~'~V"~~iu ~ncome, which Js low income uder the ~mpact fee waiver ud
~ '~ to l~ income persons. He stated ~urther ualysJs was con-
,_. ':::~[~J'llble ~t8 were fo~d for rent, adding even it market rates, most
retain wa~t~ng lists of at least s~x months to several ~ears
the Jr ~ts. He remarked there are also 1,777 subsidized rental
In Collier County, most located in the lmmokalee area and all
.'~altlng lists, some as long as three years. He continued,
additional data gathered which shows how much and where
housing Is needed.
..:~;!.-.:,.
:.~Re. spondtng to Commissioner Constantine, Nr. Nthallc communicated
discussions are ongotng under the lawsuit between the
!tment of Comity Affairs (DCA) and Collier County, to reduce
. i.i In line the defAnitions of very low, low and moderate inco-
what are in the impact fee waiver and defertel ordinances.
'(Assistant County Attorney NarJorie Student explained a provtsAon
~ .] . the.Growth Hanagement Act requires the County to provide adequate
'. ~A~Jtem for vexq/lme, low and moderate income families. She remarked,
~, ;'~~. Collier C~tW has a problem An that it has one of the
q.Z~~Ot .~i~ ]nZomes in the State. She noted representatives of DCA
~;~Z ,~,.~:X];~ in Collie County in the near future to discuss possible
:' '{~lement option. of this case, ~d Staff will be brimGAng this issue
. ':.'~ ~; ~8rd ~n the form of a proposed settlement agreement. She
:...~., ~
November 9, 1993
the figures may need to be reformulated, specifically,
ng out individuals with passive income and looking at affordable
'from the wage earner perspective, which would bring the
Sore in line with national averages.
.g people spoke at this time:
George Keller
s'Z:Olson Bruce Anderson - with handouts
,,Dorothy Fitch ~ane Varner - with handout
Somerex, Ophelia Allen
COmmissioner 2sunders suggested the Board accept this report
: :essartly accepting the validity of all It contains.
~ '-,.,. agreed there Is disparate data In the report and he is
:'"
.'~~:~onto be corrected where the figures are wrong.
~ .;~i leeloner Matthews recalled In September, the Board charged Mr.
· o with providing information on the seriousness of the
~,.'
i~tlon, and in her opinion, that Is exactly what he has done.
~(.~nlssloneP Norris ~esttoned if there is a way of addressing the
'. ~ ~lon ~ere some of the households In ~estlon are actually
~.:
[,.:,[~;~'v'~l~lrees who do not have a housing proble.?
, ~ ; ~...Mthlltc con~rred that the data complied dtd not consider age
' atton~ howler, the rips indicate people In non-affordable
~' '. -~ '~.' He said if seniors o~ their home free ~d clear ~d are
tng t~es ~d ln~rance, they should be paying far less than
,, ',... ;.L. ', '
~ '~ .'~l~~~rcent of their Income for housing costs.
' '.. - · ,. '~, '! .....
;,' ] ~v'-U~conissioner Norris riggeared rather than affordable housing being
~'. ;':. "*df. on-the .dt~ Income In Collier Co~ty, tt should be based on
~ '. "'t~eiMdl~ wags, ~d asked If that should be Integrated Into the
'. ~' ~'~'.;'~lhaltc rss~ndsd in his opinion. it w111 be impossible to
~: i~~Z('~ definitions to refer to medt~ wags Instead of medl~ tnco-
.. . ~ , ~.~- ~'-~-...[..'-
;'. ~ '~,'~.~g~ss~ed Instead that the definitions be compressed to say
~. ;~'~the ~flnitton~ within the Impact fee waiver and defertel ordinances
7" ',-~ P~."~rop=tate, that ts, Collier County will provide asslst~ce to
· ~C~.' e~ta!:d~ 1 pmen~s that rent to ve~ low Income persons at 50 percent
Page 9
': ': :"j ~ ~':.~l~ Jncome. He said moderate Income wall then h defined as
~ ~'-~ ~ ~Cent, eliminating above 80 to 120 percent.
.',:~ ~];1 :.:effo~ts ~d look at mobile home units, which wo~ld address the
-':..~Oblem ~d fit the criteria being sought for affordable housing. He
...,'.V:'' ~.:...N~l~c noted that he does ~nclude Jn h~s f~res, the more
;~: Vj~ s..~;200 IobXle hoses that coae on l~ne each year.
.:~.~Ss~oner Volpe asked ~f th~s report c~ ~de the con~ty
~. ~..'.:'( s 'affordable housing rental ~ts ~n the urban area, there are very
Is for ve~ 1~ income households and not m~y at all for
sholds,
~l',~. ~ OF ~ Z~ ~ ~ITAT ~R ~~ ~ ~
Affordhie }[ous~ng DJrector N~halic re~ested a budget amendment
~ent of various ~mpact fee waivers ~d reJmbursements. He
'that the C~t~ Attorney,s office has advised before ~nteree~
Page ~0
~ .~'i~.~ "on impact fee funds nay be used, these funds must be declared
: ,' ""~ ~'~s with an analysis being done as to whether they are needed
~. ,-I~.~ ~hin the tapact fee district from which they were collected. He
.~.~.~i~dlcatsd that this is a long-term rather than a short-term solution.
"'~ ~i ]14thallc stated that he is recommending that the carry-forward
"i~;.2~n~ral Fund Obligations from last year be used to pay the waived,
'~j'~'~;'~sd and reimbursable tmpac~ fees for n~fordable housing and the
,-~",~i~.~;;...~.e,W Health Cars Facility.
~'. ;';] [~j'-~ ~l~;~ssponse to Coulsstonwr Sanders, Hr. ~lhsltc reported that
~ ~'i.:. ,~~[~~ uo~t to be appropriated for these Impact fees
~ '- '~' ~. ~lhallc stated that ~ntersst on the Impact fee fund is no~ the
· ..~ ~fsct alts~at~vs. He e~latned that the Interest on the f~ds
~ "~ed wSth~n the luokalee DIstrict were not sufficient to pay the
~i ,'/'~.. .~ ~.~.~%fes n~vers, dsferrals ~d reimbursements fo~ the projects
~ ' ' :' ~' ~'~'~that area.
' ~;~ mbls to coatfibrin; monies toward the sum that has been deferred
; "-:~ ~i~l~d. Hr. Hthaltc replied that he believes the City would be
~ :~" :'a ~able In this regard If the projects were within the two mile
.... ~e ~t within the ~o ~t1~ limit ~d therefore. s credit would not be
'~, '~;' 7~i~n ~n t~ a proportional share contribution was made.
' L~fj~..X~,.~r to Contssloner Natthew., Asslater County Attorney
~ "Jj' ':i~ '~' ""'ich e~lalned that the studies do not dictate what ha ens with
[ ' Ld in the tnst accosts ~st be utilized to fund the projects
...;~ [sd in the study. He noted that the study ts based on costs on
the study Is done and many facilities are built In the
,and consstrnctlon costs increase and the interest Is Intended to
'the Increased costs of construction.
~Commlsstoner Natthews stated that m percentage of the money to be
in any given year should be established.
~:Office of Budget and Nanagement Director NcNees reported that with
Page 11
paysent of fees that are already owed In these specAfAc
interest accmed is not sufficient ~d therefore. the
F~-;~CO=igllone, Norris remarked that when Impact fee defertale ~6 ~ea~ t~me ~e~od, 8~00,000 ~n today~m money
Cslsstoner Volpe ~estloned whether there is any legal authority
use of Interest earned, on Impact fees. Aastst~t
Attorney Yovanovich advised that there is no law prohibiting
Matthews stated that she ts looktng at the Interest
to help the County spread the payment of the~ impacts
over · longer period of time and come up with the money when the
Is felt.
Attorney Cuyler pointed out that he ta uncomfortable
these payments out for 5, 6 or 7 years, but agreed that from
?
perspective this could be done. Be remarked that the Board
.'a'flacal decision, as reflected in the ordinances that this would
immediately. He indicated that It would be permissible to
.Implant for five years If so desired by the Board.
)near Saunders referred to the five Items listed tn the
· ummary, noting that these are not fees that have already
paid by the various developer, but Instead fees that are to ~e
Page 12
November 9, 1993
deferred. Mr. Mlhallc replied that this Is correct. except
a~the. cass of Habitat for Htmanity which deals with reimbursements.
'CmAssioner Saunders stated in reality. the Board does not have
any funds at this time. other than those for Habitat for
Nr. Nlhalic explained that Habitat has not yet applied for
~tseietant County Attorney Yovanovich stated that the current ordi-
that these payments will be funded now.
:loner Saunders cited that earlier comments made by County
Guylet indicate that the ordinances could be amended to
that reimbursements not be made for 5-7 years and suggested
this be done. He stated that if in the future interest earnings
be used. there should be an opinion from the Attorney General.
Attorney Cuyler stated that ha concurs with Commissioner
suggestion to obtain an opinion from the Attorney General.
Fegard to the suggemtton relating to amending the ordinances. he
jtsd. that the Board legislated the policy decision to pay these fees
~ear. but that policy decision and the legislation may be
y:~.--:.
$aundere remarked that no new money will be created.
?~ noted that the funds would only be moved around.
· [!i~~~f:-~N~. NcNees explained that putting all legal arguments a~-tde. there
~'no n mo ey added to build projects. Be questioned at what point
he
"!""" gap will be filled by non-payment of the impact fees. Be noted
~t some of these deferrals go back a couple of years and suggested
~. ,..~!~ha~' the Board may wish to consider whether to defer everything. or
~ '~ ':;:i ;s~ney that was available and budgeted in Fiscal 92 and use sue
." "' of these payments.
si net Saunders indicated that if. j,.;'i !i~!:~2..~t,..- Fund 111 Reserves is to be
I- ."i~:~ed~;, he would ra see the reimbursement in the 7th yemr as opposed
November 9, 1993
to direct the County Attorney to draft the appropriate
auending all impact fee ordinances 'with regard to deferring
I~nd that a resolution be prepared requesting an opinion from
:~o'Attorney General concerning the utilization of interest earnings
l~8ct fees rot AZZordabie Housing Impact Fee waivers and credits.
'~0~]~tng discussion took p~ace ]a~er in the meeting.
smioner Matthews ~gges~ed ~he refunding o~ ~he ~m~act ~ees
for Hu~ity .as not clearly addr.essed when ~he l~em was
e8r~ier. She asked the Board ~o reconsider ~ha~ action.
;-Coslssloner Sanders recalled there are two t~ems on the
lectm. to~a~lJng approximately 860,0~0, dealing with
~ity.
k.l~ ~';b ~ f~s ~o~ hbitat fo~ ~i~ f~ ~ 111.
~'~Cmtssloner Volpe suggested that this discussion should t~e
):~/C~y Attorney Cu~or indica~ed aidhough a Coutssioner in ~he
, ~.' ~JorA~ ~W recone d r a v ~e ~h~Xe ~he meeting ~s s~iJJ An session,
'~ ~'::.";~':("~ that . sotIon be made fo~ reconside~atXon ~d that ~h.
, ,~. ,.. ;..... ~-y~:,
~' ~' ;~[~'~e'd ~ the next agerids.
'~ ;~' '~ ~tf~ ltm ~alAng with ~ttat for ~iW f~ ~ lll.
{ (,-~ .
~ ('...' ~:~.~ Ni~lic re.fred tha~ the agreement would allocate 13~
~:; .:']~ ~0rdable housing ~lts crea~ed within two miles of the ultimate
~,.
Page 14
!~ "';':~ ~~~;[bC~Lndartes of the City of Naples as credit toward their
~... !'v.;a.f,~.~b;.~,!.~,...!ehousing requirements uder the Growth Muagemen~ Plu.
~ ~'.~'~" .-[~ M~haltc stated that City of Naples Manager Woodnf~ proposes
g ,.: ~'~~~ai additional options If cash pa~entm are made for ~mpact fee
' ~~szOr deferralm for affordable housing. He pointed out that
;' }~~lde ad valorem rues are used for ~ent of the waivers
,. ]
~al. ~d the Cl~y ~uld ask for their proportional share of the
~' '~ ~'i~sf~lthXn that affordable housJn9 project dependln~ on what their
t t to
~ .'q, ~ j~ ~ t~ is the ad valorea rues collected County-wide.
~, "--,~ ~':~*.; Mlhallc e~lalned if the Co~ty uses a source that ~s not
~ '.~:;~l!~ct~ C~ty-w~de to pay the Impact fee waivers and defertale, ~he
~. '~:~]~ ~uld receive ~ull credit for those affordable housina
~ , ~Zn .~dtt~, he noted ~f a cash conefiCtion was made by the CIty
~ '.~'~the C~ determined the uo~t ~ desired to contribute, the
i,' ~* "-~f,'~ld then recetve a proportional share of the ~lts based on the
~: ' ',~-~I:Z~ their cash contribution. '
~ ":f~ie' h~ln~ project and noted that he ~s not prepared to move for-
~ ,'.~..~d:'wtth the coo~rat~ve a~eement.
[
le ~ its
, :~ '~ .;~,.:
~ ~ ~]~;~slon e~ed with raged to the North Road project.
. '~R~il~i~er c~st~tlne stated that he would like to see the City
their pl~ ~d then have both entlttes work together toward a
agreement.
of Naples Planner, Susan Golden, advised that on November 3,
;...~the City Council was scheduled to hear the request for Anvolun-
of the North Road property, however, Dr. Hoodruff
that the item be continued until December 15, 1993.
:.l~=lllmll f9~ thwquwmtAon, the motion c~rA~ 4/1 (~~i~r
Affordable Housing Director Mlhaltc recalled that in September,
f1993, a representative from Ospreys Landin~ petitioned the Board with
:regard to using alternate sources for impact fees. He noted that this
oct is first in line for deferral of lapact fees for their afror-
Ib o using project.
~-.
'Mlhalic stated that Ospreys Landing is a 176 unit affordable
project, of which 20~ of the units would be affordable to
;eholda earning 45~ or less of the median income and the additional
o~ the units would be affordable to households earning lees than
i"b~ the median income in Collier County. He advised that this pro-
sot is eligible for 100~ deferral for those units that service house-
o~ lees than 50~ of the median income and a 50~ deferral for
units that will be for households of less than 60~ of the median
.!~r; Mihalic advised that the total amount of impact fees to be
2a 2504,241. He noted that these Zees would be deferred for
:. Z years and eligible for payment at that time.
.' Assistant County Attorney Yovanovich explained that there is
In the budget this year to fund this project, but no~.~d the
be amended.
Bruce Anderson, representing Ospreys Landing, stated that
Housing Element of the Growth Management Plan requires the County
i'provide impact fee relieZ and financial assistance incentives for
development of low and moderate income housing. He reported that
ordinances provide for defertel and the Department of Community
is interested An whether those ordinances are being imple-
.:-
~!'ltr.. Anderson advised that of the total defertel requested, only
amount would be needed to pull building permits in this
year and the remaining 1/2 of the building permits to
.pulled in FY 94/95.
He noted that the impact fees for this project
Page 16
~lon Ira ed that he ~s re,eating a defertel. He
~hat the increase of 8283,000 be waived ~d noted that the
~:.~lning should be deferred,
...~l~nse to Conisstoner Volpe, Nr. Nlhalic remarked that there
the ab~lJty to defer the pa~ent of the ~mpact fees in ~y
to seven years.
"Leeloner Const~tine indicated lZ the Board follo~d sta~s
the impact fees would be deferred. Nr. Nihalic reFlied
'affirmative and notedj~hat this ~s hie suggestion,
i~"
"~oner Saunders stated that the Board could defer the impact
for wx~ number of years, pending the County Attorneyss office
back and advising of a defin~t~ve t~me period.
.C~mt~Attorne~ Cuyler advised that the prior item was for past
and th~s ~tea is an example of those in line for the future
and defertale.
~~~ f~ ~ ~ W ~ ~1~ for defertel for a s~n~m of
'f:': ', In re~e to Cou~ssJoner Sauders, County Attorney ~yler
i ' ~J~d that as of today, th~s ~a ~n v~olat~on o~ the existing ord~-
~ ,'. ~:7,:,;~JssJoner 8mudere clarified that the intent of the motion ~s
! :' ":::!:/~i' "* ;' i!~:!!'' '
i ~!:']' ~lj9~{~-"i .problems 1. the hture due to the ordln.ce. that pr~lde for
r . ? L~ct f~ ~l~rs ~d defertale ~der certain ctrcust~ces. He
: '~,;', t~ t~t C~ty Attorney ~yler provide a better ~derst~dlng
a!.to what the developer'e are entitled to.
!:i.:,Count~ Attorney Cuyler cautioned the Board that focus needs to be
Iven to low or very low affordable housing and to make Comp Plan
le.
,; ;:~.-...
·, ,: i; :,'
-o,,
Page 18
November 9, 1993
TO T2~ ~OA~D I~OVIDI~I ALTXI~ITIVF~ TO LI~S~N T~I BIPI~YXN
~ItlNXll Ca~lxwZCaTI - Atq~hOv&D
!-.Commissioner Saunders remarked that Community Development Services
Inistrator Brute has recommended a couple of procedural changes
regard to rentere of property,
Community Development Services Administrator Brute called aSSen-
ts the second page of the ~xecutAve Summary which reflects a
in the application form, whereby staff would contact the owner
.a. !pacific property of any requirements that are necessary to be
to m particular sate, He advised that this would remove the bur-
of the action from the person leasing the facility and placing
upon the owner.
i.'-r:'," ..
, ~: l}r. t.wllxmex- Constantine moved, seconded by Commleetonez, Volpe and
!'! ?"i . ie , ' i ."ullT, to accept the report and staff to ls~lesent the
i i~,'''' ~?'[i~. ansportatton Services Administrator Archibald described the
!.....!~i!.;~i~.: melon of the property and explained that the petition proposes to
(' :~1 ~cmte the CountW's interest in the drainage easement and offset that
I '['j".~ incorporating all the water management criteria for the future
~'i:'i ~omdway expansion, He stated that the distance of the proposed vaca-
'~'' ~ion..ts approximately 2 males and noted that the total area As
a roxi
,: pp merely ~ acres, with an approximate value of $250,000,000,
h: ~:!.." Mr, Archibald remarked that staff has prepared a two party
.a~rsemant with the developers that consists of three elements, in the
first element the County would vacate Its' Interest by quit claim
Page 19
. ~I ~ ~:Zy.;" ' November 9, 1993
' Z,~_~ji,the second element requires that the developer agrees to assume
'V~lrbJlt bach Road, and the third element Je the restriction that
the conditions o~ the agreement r~ w~th the l~d He mentioned one
·
'.] ge referring to page 2, con-
'~ t~t deals with the timing isle,
?' ~.;Vd~t~on 3, ~d ~o~ced that the phrase "to assure offsets capacity
L'] 'j?": ea~snt d~sch~fe for no less th~ the 4 l~e roadway condition"
': ~}aSt s~t~ · f condition 3, 'approval for the property ~d/or a
~[.: ~'~r~ ~alnage easement should 4 l~e road lsprovements proceed l~d
~ a; ,;:r'.;-'.-
:'Z: :';::::'::: Z Z:
ZZ
"." d he t
:~' ~f :: .' . c p s
' ~ [~e prosed s~esnent ~d the pro~sed l~a~e ch~es,
[( In rs~s to Cstssloner Volps, Nr, 3aadeh ~red ~hat the
~..
{.. after vacation will ~ nsed for setbacks ~d l~dsca~ buf-
f.., _~
: ~ssxissieas~ Se~ris mm~d, seconded by Cmsalssione= Constantine
'2d sexyled , 'v t :~sly, to ~&~,ov,a Petition AV-93-013.
Page 20
[ ~: +~i!;~.~ ~ lh~blic na~vlces Administrator O~llff reported that this petition
~2~is m r~sst to trystar f~dln~ from Resales, ~d 345 Regional Park
~:.:~"~ct Yaas to f~d the Barefoot Beach parktn~ lot exp~ston,
,.
~.-~ ~..'1~ z~uk ~ ~ ~k, ~ c,11 fo~ the ~*tm~,
::.'~:~'~.' Coals,tone: Constantine remarked that the :ates w111 move ~ead
:~:~.'am:n~ested, He emphas]zed that the :ares were intended to be the
~:.~ :.' .... "' ' ~tM 8/0.
MID Ikl~l~Ct NIDIC&L 2~WICI2 DIITItlCTI -
Norris lJams, Emergency Services Administrator, recalled that on
September T, 1993, Option 1, which is a sunstry of staffing and costs,
t to the Board. for consideration. Hr. lJam8 stated that
that meeting, Option 2 was develops,d, which calls for addi-
personnel.
Page 21
November 9, 1993
~.;.1~o llama declared that there are areas in Collier County that do
have enough manpower on their fire apparatus.
,Commllstoner Volpe expressed concern in the disparity within the
Fire Control and Rescue Dtstrtct In reference to levels of
He asked if the same level of service would ever be
eyed?
lifo I Jail stated that many peripheral problems would disappear
· :ConsolXdation.
:~:'. Commissioner Volpe alleged that part of the consolidated effort
be to provide equal service to all areas wtthtn all areas of the
urban community.
CommAseloner Constantine contended that highest level of service
~~, ,~~ ld. be achieved for all areas, but voiced hie concern that equality
;.~ ,: -; :,,,,'
',WiiX-be at a mediocre level.
~eStablished one area could not be depleted in order to help another
' .
Y'.and there would have to be a balance of ad-valorem and millage over a
~,,,per~od of two or three years to balance out. He suggested raising the
~!i~;~tlla~e in the areas that need help.
..;~:: -
'~:~;J' Colmissioner Constantine advised that areas of the county are well
;i~;'latJmfied w~th their fire districts and with the rate that they are
.~P~ing for that service. He stated that he would not like to penalize
[.[~those who are doing an economical, effective Job by having them pay
others who are not.
County Nanager Dotrill recalled that the last time this issue came
the most 'cost efficient consolidation proposal developed was
1. He revealed that the Board directed staff to meet with
'independent fire districts to attempt to develop a consensus am t.~
i~what m more reasonable level of service county-wide would be. Nr.
reported that a national accredited technical memorandum was
to develop a consolidated enhancement plan known as Option 2,
'emphasizing that substantial increased cost is not in adm~nistration,
~...
~n line-level firefighters.
Page 22
November 9, 1993
rsrponse to Commissioner Volpe, Mr, IJams answered that In
S4~ of calls were rescue calls, 16~ w~re fire cells, and under a
Ltdated fire department Including the K.N.S., it would be
to cross-train firefighters for medical response.
response to Commissioner Harthews, County Hanager Dorrlll
that in response to the meeting that was held between the
districts, there appears to be a need to Improve on the assessments in
and dispatch communications for both fire and K.N.S. He added
that these concerns could be incorporated an part of this option but
did not permit the inclusion in this proposal.
Commissioner Natthaws asked what time frame would be needed for
development of an implementation plan and actual implementation of
plan if it Is approved?
iCemary Nanager Dotrill noted that there are two issues remaining
.would need to be incorporated in the draft; what type of
board would be preferred and an enabling act would need to
established. He perceives that the Implementation would take one
and the pay equity issues and labor union issues could take as
as three Wears.
'!Commissioner Norris Indicated that he could not support a referen-
did not require a tabulation of votes district by district.
The following people spoke on the subject:
~tm ~utgley George Keller
Bobby Kltne James Kramer
Chief Kovarik Karen Acquard
!~. ~ack Pointer Chief Don Paterson
~..~ Tom Cannon Walter Kissel
Chief Nutlay
Chairman 2aundere closed the public hearing.
~ $aviuxw~Norrtmmoved, mecondedbyCmisalonerConstmntino,
to.J~su~ with fire consolidation.
Commissioner Constantine reiterated Commissioner Norris' comments,
stating that each district chose to become independent, and they cer-
zlnlW should have their own choice at this point.
'f',gpenctll for the question, the motion carried 6/0,
Page 23
.~ BIll Lorenz, Environmental Services Administrator, reported that
~'.~here are 660 businesses out of the total 18,000 businesses In Collier
that a~e recommended for reimbursement in the current year.
"~:' :'carried "I ~uely, to a~V, ov,s the relab~semnt policy for eligible
,',;:8mmal 8urc~ b~l on occupational licenses for potential hazardous
.:u:. 1illtO g- ~. tO, e, tbexlby adopting Resolution 93-509.
Page 24
t
Assistant County Attorney Netgel acknowledged that as a result of
~.the quantlftcatton project a number of Special Acts have been deter-
'to be outdated.
Wetgel requested that the County Attorney'a office have the
to make consideratIons for any resolutions that are deter-
to be of a controversIal nature.
"Commissioner 8aunders stated that the executive mmmary will be
0f the record.
qO-':'temJ.ep~x_ lox~lm~, ~bTCm~mmioaeNmtfJNeNe mad
I ~klJy, tO s~rovs the resolutions repealing Collier
Page 25
i ~ :..' Cotnty 9Ncial Acts, with the stipulation noted above, thereby
November 9, 1993
FRO !lIT& 2 OF FUllDINe OF II~TI-COUNTY LITIGITIOII &G~XNST TII ETATI
IlIIM~TI PIllLIe DIFIIDI~ IN ~ TO NOTlOll FILID IT TIll
!~!l~Z2 DIFIIDII TO WIT!II]WJJI ~ C~,SlS - APP!tOVID
Assist~nt County Attorney Manalich explained that the petition is
m request for approval of a pro rata contribution of $2,575.97 for the
Joint efforts of eleven Florida Counties opposing the Appellate Public
Defenderrs efforts to withdraw from the representation of 382 appeals.
Be announced that tf approved by the Court, the withdrawals would
result in most of the counties having to pay for the appointment of
local counsel to handle said appeals. He stated that there are three
· .'such cases in Collier County.
In response to Coamisetoner Volpe, County Attorney Cuyler replied
.~"that the Board had not agreed in advance to subsidize the cost.
~ tWlim~F ~rris moved, seconded by Cosalsstoner Oonstsmtine
s~d cm~led~nsnisously, to a~vsova the pro rats share of tundingwtth
the stirelation tlmt the majority of the eleven counties proceed with
Page 26
Assistant County Attorney Wetgel reported that the Board directed
the Count~/Attorney'e office to provide amendstory language for
discussion for the potential of an amendment to Ordinance No. 80-24
which pertains to the use of firearms in platted subdivisions.
Assistant County Attorney Halgel provided the Board with a draft
· cop~ of the proposed amendment to the Ordinance.
1.', Xn response to Commissioner Harthews, Mr. eelgel clarified that
:, the regulation addressed ts in the use of firearms, bow and arrow and
',, crossbows, specifically the discharge within a certain distance from a
residence.
-: :ll~. llsAgel revealed that new trespass language has been added An
the proposed draft amendment.
Commissioner Yelps announced that this Issue had been brought up
· to address a specific problem and this proposal far exceeds the
:],. intended action.
i/",'i". Co~mleeloner Nat thaws concurred.
Commissioner Constantine revealed that there 18 no problem with
the existing ordinance.
. Commeemioner Matthews stated that she does not object to bow
,.:,huntenff, but feels restrictions regarding distance from residences are
Commissioner Volpe suggested that the Board give staff direction
not to pursue tht8 amendstory language but perhaps investigate what
~.;.authortt~ the Board has under the Special Acts.
· The following people spoke on the subject.
Ronald Nalone Steve WhAtlock
Dr. Robert Gore Bill Xdlxon
Nettie Phillips
.:. met mP· meetAm of 500 fat from residences.
llFimtmr Constmntlne moved to direct the Count1, Attoxq~et to
Page 27
November 9, 1993
:.Colmissioner Matthews expressed concern regarding the language in
amendment.
'..lComsJssioner Norris revealed that Item #9A addressed repealing a
of ineffective and unsnforceable ordinances and suggested that no
=tion be taken.
Commissioner Volpe concurred.
eessbeleee~ Ceestautine withdrew his motion.
It m tb8 Gc ~ ,~ m o~ the Baaz~ not to take action on this item.
SecretarT 6uevln replaced ~ecording SecretarT
8arbiretti at this time see
(ISIS)
:Item
Count./Attorney CuWler noted he is at the point where he will be
expanding fees and costs with regard to the Point Narco parking lot
k,:/elinent domain case. Be also pointed out with an eminent domain case,
the County will also be paying the fees and costs of the defendant
[landowner. He indicated pursuant to the Board's meeting on Narco
~i~. Island, he ts asking for clarification that the Board's direction has
z'.~.bnot changed.
!,[~/~... Commissioner Constantine communicated he is not interested tn a
lot on Narco Island that will entail the expenditure of
82-sillion.
,':....;' Commissioner Saunders suggested this item be advertised for
!V~diecusston at a regular Board meeting.
,.'::: Zt was tim c_ ~ ._ d that this discussion will take place on
:~ZI~ II~g~DIlll TIll
! .~: TO ~ Itsctc~Xle RZSOgltCXS. IIC., FUItSUAIT TO ~XD W 93-2074 -
i, "TO II ~ laCI ON IOVIIlll 16, 1993
Attorney ~tm Siesky, representing Ltnda Narszalkowekt with Naples
Recycling Resources, Xnc., recalled between 1990 and 1992. his client
~!. :i.'! : Page 28
November 9, 1993
the on-site racyclef for the Board of County Commissioners at the
· landf~ll. Ne said at that time, they were Providing daily cover for
~,.,.the landfill site with a maximum of three-inch material. He indicated
· ~!'~n 1993, they did not bid to be the on-site racyclef, but did on the
da~ly cover contract. In reviewing the specifications for the daily
cover contract, he said, chunks of material up to six Inches in size
~. ere ellowed, although his client continues to provide the material at
m laxllaum of three inches. He indicated s problem came about in
September when his client delivered the standard daily cover to the
landfill at a three-Inch maximum size, which Nr. Russell rejected
~. ng hew anted a one-inch cover, to be used not only for daily
· cover but for fill material anywhere on the site. He reNarked If his
client were to provide a one-Inch cover material, it will cost Collier
.County more money and his client will lose Its profit. me asked the
~:-" Board to provide his client with some relief and accept the daily
cover according to the specifications that were bid upon.
David Russell, Acting Solid Waste DIrector, explained he did
(. reject some of the daily cover because it contained much extraneous
later~al. me said the specification for daily cover was not written
"for recycling construction and demolition material. me added he did
not require the material from Naples Recycling Resources to be run
through a one-inch screen. me recalled suggesting that
Mrs. Marszalkowskt bring a load to the landfill and that they both
Inspect it to come to an understanding of what Is acceptable. me
reported he is perfectly willing to take their material as long as it
does not contain debris that w~ll show up when used on the outside
s lopes.
/,. Mrs. Ilarszalkowskt commented this dispute arose because in talking
'W~th C~tyStaff, she was told that two weeks prior to the day her
.]='load was rejected, they accepted aPProximately 12,000 tons of the same
type of material. She stated the same kind of material has been deli-
~'j.'vered to the landfill for close to 2.5 years, has met all State stan-
~.~dards and has produced a very inexpensive material for the facility.
Page 29
November 9, 1993
:'!;,V')~?ABhs stressed this material As not meant to be used for side slopes, it
"~*i;.~ls intended for daAly cover.
,~ Commissioner Volpe questioned if the specifications have been
'qdss'i~nad to accommodate one enterprAse to the exclusion of outside
vendors?
i?i( Mr. ~umaell replied in the negative, stating the specifAcatAon for
daily. cover for overburden has been the sue for many years. He said
It was dast~ned to give the landfAll flextbAltty and all bade were
accepted.
County Manager Dorrill asked that he be allowed to investigate
this complaint and return to the Board in two weeks.
Mr. Sissky asked if this item As continued, that it be heard again
!~ in one week.
It m the consensus that this Ata will bm placed on t!~m
./..f/,,'-[:
', MB3ICAr, 2BtVICZ2 ADVISORT C0tBflTTI~ - ADOPTED
Cttsdttiems~ Matthews roved, seconded by Coma~salont~ Constantine
end ~~ ~ I .ply, to ~nt ~rt ~. ~af ~o t~: n~bx ~
Page
November 9, 2993
~':'.::' Sue Fileon, Administrative Assistant to the Board, noted of the
:'~:three applicants for this term, the recommendation of Staff is to
appoint RandySmith.
.~ fieloner Volpe moved, econded by Commissioner Norris end
CaXTltd , "J _,~ly, to appoint Itandy Smith to the Public Vehicle
AdvietrF Cactitree, thereby adopting Itssolution gS-224.
Page
~:'i November 9, 1993
.~, (.. ,
:~'(3.20)
BIDIT RIVAleDfIN IIAIVIR OF EXOTIC VIQITATIOII BFfMIEI LOT
Vf'MIiIBV IXVILIIDI IOBDM BIOll, BEFOg & CIRTIFICATI OF OCCUFAICY
BAITID--IOACTIOIr
14s. Dtana3erome referred to a letter which was delivered to the
.".-:Board of County Commissioners. (Copy not provided to the Clerk to the
Board.) She also provided a petition s~gned by area residents }n sup-
port of retaining the &ustraltan PIne trees and pepper bush existing
between Lot #25 and Lot #26 of Narco HIghlands Subdtvis~on, Harco
~;~. Mr. fen Hunt asked the Board to waive Section 3.9.6.6.6 of the
Land Devslolment Code (LDC), which re~Zuires the removal of prohibi-
~'? rive, exotic vegetation before a Certificate of Occupancy can be
;.~ granted. He Indicated the lose of the trees will bring about
parable harm to the birds and an}mal life, and they do not present a
~.clear-cut danger to anyone other than perhaps the subject property and
~/ adjacent property owners who both wish to keep the trees. In addi-
tion, he laid, the future owner of this property wishes to keep the
/~.:.trees. Ha remarked neither the insurance companies nor the utility
?~companiea seem to be overly concerned with any danger these trees may
pose. He added both the 3aromas and himself are w}lling to sJgn a
hold harmless agreement with the County and furthermore, make the
agreement part of the deed restrictions for both properties.
,.
Dick Clark, Code Enforcement DIrector, com~ented the ~ssue is the
*"[' enforcement of the LDC. He said this provision }stn place to protect
~ the public from health and safety issues. He noted Hurricane Andrew
~. and the No Name Storm demonstrated the vast damage experienced due to
these exotics, especially on Harco Island. Referring to photographs,
~" he pointed out the adjoining property owned by the Sokoloskls has
· already experienced serious digs to their pool enclosure due to these
subject trees. He said Nr. Sokoloski takes strong exception to th~s
request. He suggested Hr. Hunt was well aware of the requirement to
.FeB this vegetation when he pulled hJs building permit. He stated
Page 32
November 9, 1993
has never hen a hold on this requirement of the LDC. He
.:v~.::concludsd by strongly urging the Board to deny this request.
Mr. Hunt countered that a court case has been filed challenging
ithe County*s requirement to remove this type of vegetation on undeve-
properties. He indicated it is his belief that position can be
used as the basis to deny the removal on developed properties as well.
.. The following person spoke at this time:
Daniel Sokoloskt
County Attorney Guylet clarified that nothing has been declared
i;'~anconstituticrnal and the Court has not ordered any ceasing of clearing
vegetation, rather that was a voluntary act on the part of Collier
County. lie added exotics have been removed from properties being
],improved fo~ decades.
.:j~/[ ..fieera was am marion taken on this item.
OIDIIM W2'-12 Ill F!t'fXTlOl ImTrD.-Im-I4(i), IICkXA~IMX (IMI. IAXMOOD) IIC./
It~FI31~12 ~ CaCTIOil OF SILO, IIC., IVJEQ~:XM8 A llZOlli
Fie(Me ImJle:Jl~m TO m~lO'Dm (~lID P~:ff)) F(:)XI~ ~~ OF ~ A ~l,l, tltC~L
O~ LMID IITaMDiD lk$ & !tOIJ) JtMD TO ~ 0TNI~ NODIFICJkTIOMB TO TIll
Legal notice having been published in the Naples Daily News on
October 21, 1993, as evidenced by Affidavit o~ Publication filed with
. the Clerk, public hearing was opened.
Planner Ran Nine explained this petition is to mmend the Briarwood
PUD to delete 60 feet of land running directly east of the PUD. He
.;.~,.
said that land was originally included in the PUD for road access at
.-I 2taff*s Insistence due to a concern that this parcel would be land-
i:-...locksd. He noted since that time, the owner of the land on eithev
side o~ the road reservation, which is officially part of the
ariatweed PUD, has acquired title to the road reservation parcel. He
!~'noted that owner is in the process of requesting approval for a pro-
Ject known as the Maplewood PUD which will include the 60-foot parcel,
~thereform, the Inclusion as a road reservation in the Briarwood PUD is
longer valid. lie reported during the process of amending this PUD,
.. 000 ,,,., 90
Page 33
November 9, 1993
~/!;.erYOpportunlty was taken to ·ake the PUD consistent with the
current r~c, however, no substantive changes were necessary. He
concluded with Stmffes recommendation, consistent with that of the
CCPC, for approval of this Petition.
~. Commissioner 8aundere closed the public hearing.
:;m:- Planner Nlno advised the Board of two minor changes to the pro-
r~::'aposed PUD Document~ on page 5-1, the word Hfeet- was added, but
..: should be underscored~ and on page 6-1, the reference to Collier
Zoning Ordinance should be replaced with the Collier County
Development Code.
i.e.-
In response to Commissioner Volpe, Planner Nlno communicated the
z:;:. proposed Naplewood PUD contains plans enabling a complete traverse of
~.that entire development into Briarwood and beck onto another access on
Radio Road, He added there will be two accesses to the combined and
now integrated Briarwood/Naplewood Naster Plans.
.~ ~lSioner Volpe moved, seconded by Commissioner Norris and
carried. - s
~ sly, to ~,~1_ the amendseats outlined to
"!~D-ee-i4(Z), and that Ordinance 93-83 he adopted and entered into
,~.... .....
~ F'eCA~OIT~ZZlORTNSZZ~OFRADZOROAD
Legal notice having been published in the Naples Dally News on
October 21, 1993, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened.
Planner Ntno stated the proposed Naplewood PUD fits tightly
the arm of the Briarwood PUD and is proposed for 258 single and multi-
family units, with · gross density of four units per acre. He st·ted
jZth· project is consistent with the Growth Nanagement Plan and its
=~:Future Land Use Element, and the CCPC has recommended unanimous appro-
val,
.:. Commissioner Volpe questioned why Provisions for guest houses and
91'
Page 34
November 9, 1993
,,,..family carm facilities have been included in this PUD?
Planner Nino responded beth provisions are allowed under the LDC,
typically am conditional uses in all mingle-fully districts; however,
this petitioner Is asking that they be allowed as accessory uses
within the PUD.
Ronsld Burr, representing the petitioner, explained they essen-
i~,~ tially followed the model PUD document prepared by Development
~[Ssrvicss Staff and wished it to remain as general as possible and
,~q*' still meet all the guidelines set forth by Collier County.
In mr to Commissioner Norris, Nr. Hurt stated the petitioner
.~:./
would not have a problem with eliminating the provisions for guest
j houses and family care facilities.
Commissioner Saunders closed the public hearing.
essatsslessz ~lpe sm~d, seconded by Comaisstozsr Norris sad
c~slTled . t F._sly, to ~x~.la Petition PUD-gS-6 with the chmxges
egre~l te by ttm petitloae~, end that Ordinance 93-24 be edopted and
.:, e~terwl iato Ordlnence Book No,
.(1~1~)
0RDi:IAICl el-IS I1~ IsI~ITIOII R-OS-S, SALVADOR AYA. T~ !tlCrud&lA1 a REZOI~
FSNe s~e VlLZAG~ R~ZIYSFfZAI~ DZrrRICT TO
l~oFssrrr ZOCaT~ aT 401 C0LORII~ AVSNUR, I~eeolAr~ - ADOFTID
Legal notice having been published In the Naples Dally News on
October 21, 1993, as evidenced by Affidavit of Publication filed with
the Clerk, publlc hearing was opened.
Planner Nino explained this petition deals with a parcel of land
with an existing 12,500 square foot building. He said at the tim~ the
f~:mtructure was built, an office building was a conditionally permitted
in the VR District, however, tt is no longer permitted under the
LDC. Ne indicated the building is under lease to HRS who has
expressed an interest in renting additional space, but the owner can-
not respond without rezontng the property to the 'P" District. He
.nted out Staff has problems with the unfettered application of the
District to a residential area because some of the uses would not
92
Page 35
November 9, 1993
:the compatibility test. He said because these types of facllt-
~tiem are considered essential servlcem, they are permitted in
all residential zoning districts, which is the linkage that makes this
request consistent with the Growth Nanagenent Plan; however, some uses
within the spa District are not appropriate in a residential district,
and Staff is asking that they not be allowed on the subject property.
'Specifically, he said, collection and transfer sites for resource
recovery, communications towers and fairgrounds will not be permitted
u, aee o
William Idixon, representing the petitioner, stated hie client
?.agrees to the conditions imposed by Staff.
!.~;, Commissioner Volpe commented this request is for a non-conforming
use. and he is concerned that a different set of standards are being
~:met for thm Iamokalee area.
Planner Ntno reiterated that the request deals with what the
.. Nmnagement Plan considers essential services. adding if HR$
· ,' vacates the mite. the owner must find another qualifying public
tenant.
~:I,.-
Commissioner Saunders closed the public hearing.
.Pk lvmimnm~ Cammtmtine moved, seconded by Commissioner Morris
mad ~mr~iml 411 (Commissionmr Vo'lpe opposed), to mppx~v.a Petition
le0-e. end that Ordinance 92-88 be adopted end antered into Ordinance
90'46 IMilDXMG ORDXMAMCK 88-71, THB LXBRART ADVISORY BOARD
Legal notice having been published An the Naples Daily News on
October 21, 1993, as evidenced by Affidavit of Publication filed with
· the Clerk, public hearing was opened.
NT. Olliff presented a request to amend the Library Advisory Board
(LAB) Ordinance. He reported this Board is one of the CountW's oldest
.. acting advisory committees, having been created 36 years ago. He
" 000 98
~:, ;,:!: ,.,, lOOK PxsT:
(:, ,U, ,
Page 36
November 9, 1993
indicated the LAB is unique in that It has certain policy-setting abi-
.U..ltties, such as materials acquisition and circulation and collection
devwlopmentx however, the ordinance which empowered the LAB has never
been amended to reflect that ability. He reported this proposal
Fellacts that authority and Includes a requirement that the County
Attorney must review all those policies that will affect the general
public, He added there is also a requirement that members of the LA5
will now be required to file Form 1, financial disclosure forms each
TemPo He mentioned the only other sections of the ordinance being
amended reflect the standard attendance and terms language as con-
tatned in Ordinance 86-41, which specifies the requirements for all
~!j":i.the County's advisory boards.
Commissioner Norris asked what is the procedure for removal of
~'members from this Board?
~r. Olltff replied there is no procedure for removal with the
exception of the standard attendance policies.
000 ,~ iaal~er Constantine left the meettn~ at this tim. see
County Attorney Cuyler agreed to add a provision stating that mem-
bers may be removed by majority vote of the Board of County
.-Commissioners,
Commissioner Volpe pointed out there is also a provision in the
~proposedordinance having to do with protecting the members of this
'advisory board from all civil liabilities and defending them tn con-
nectton with any actions they undertake.
County Attorney Cuyler noted that provision was Included at the
request of the LAB and is not necessarily a recouendatlon of his
offtow, Ne referred to a 1985 resolution that sets forth the Board's
policy with regard to the defense of advisory board members. He
agreed that the provision is not necessary in the proposed ordinance.
Mr. ellill remarked he does not believe members of the LAB were
aware of the 1985 resolution when they requested the provision be
~luded in their ordinance.
Commissioner Saunders closed the public hearing.
Page 37
November 9, 2993
· .- ~ ! ~ !iem listthe sm~sd, seceadsd b~ Cosmtseloae ~is ~
90-828 RE PrrZTION AV 92...020 TO VACATE TWO JII2:T O'S' &
NtA13iJfZ lABBar/' L(r, ATBD ON A PORTION OJ~ NILSHIRR
regal notice having been published in the Naples Daily News on
October 24 end October 31, 1993, as evidenced by Affidavit of
Publication filed with the Clerk, public hearing was oldned.
Russ Noller, transportation Engineer, asked the Board to consider
Petition AV 93-020 to vacate a two-foot portion of the drainage ease-
:.:' slant on r~t 6, Block 3 of Wilshire Lakes Phase One. He expiained the
~.~. petitioner has f~u~d the pool enclosure encroaches into a drainage
suesent by 1.iO feet. He noted the homeowners association has
offered a latter of no objection, and Staff recommends approval.
Comaissioner Saunders closed the public hearing.
~k ~lsimaer Vol~e moved, seconded by Cruiseloser Ilmttbm sad
carled &/0 (Coasdseloner Constantine o~t), to aJqTrove Petition aV
9l-0lO, t~K,.eb~ l$o~ting !telolution 9S-82~,
Page 38
~:~ Legal notice having been published In the Naples Daily News on
:~ October 21, 1993, as evidenced by Affidavit of Publication filed with
i.- the Clerk, public heartn.g was opened.
:t
Commissioner Saundere closed the public hearing.
~ ~#uim8~ Slatthaw8 moved, seconded b~ Com~ssione~ Borris and
¢axTkxl 4/e (c~ ix_loner constantine out), to repeal the lmokalee
· :': AirleFt klvtaorf lamrd Ordinance, and that Ordinance gS-tT be adopted
-' sad ._ tl_.~f into Ordinance look No. 64.
IZlOZIZrlCll t2-822 Ill PFrITI0II CU-g3-11, T~] GOODLAID CIVIC ASSOCIATION
A COIDITIOIAL USl OF TEl ISF-4 ZOIIIG DZIT'IaCT AT 417 NAlOO
Legal notice having been published In the Naples Daily News on
October 24, 1993, as evidenced by Affidavit of Publication flied with
the Clerk, public hearing was opened.
Com~illloner Saunder8 noted that Item #13A2 re Petition V-93-21
will be heard In conjunction with this Item.
Planner Sam Saadeh explained this is a request to obtain approval
for · conditional use for a community center. He noted the petitioner
18 also requesting a variance from the required 19 parking spaces to
three parking spaces in conjunction with the conversion of the
existing fire station to a comity center. He reported the unique
r~ture of Goodland, a small residential community less than one square
· mile An size with mostly pedestrian traffic, and the central location
of the proposed facility which makes it easily accessible by foot,
golf carts and bicycles, along with the fact that the facility ts
:limited to the residents of Goodland, results in Staff's recommen-
, damion for approval of both Petition CU-93-9 and Petition V-93-21.
Cmlssioner Norris noted he has been working with the residents
99
Page 39
November 9, 1993
~:~ of Goodland on this proposal for the past 11 months.
Cosmiselonsr Smunders closed the public hearing.
~maiqeloarr leerrim mead, seconded bT ~lsmioner ~tt~ ~
~l~ f/O {~~t~ C~t~tt~ ~t), to ~ ~tltl~
~-IH, t~x,lbx ~tt~ ~olutl~ 92-826.
Page 40
ItS FITXTX011 V-93-21, TIll OOOF.,&M1) CXTI0 AeI0CXATX01f
VIZGAXIOS FItON TaX RaC!vlksD 19 Paaxrmo ~paczs TO TWtIX
~ t,~t*kK&z T, OCATID AT 41T MAMGO AVE)IO1E, O00Dg~lD -
Legal notice having been published In the Naples Daily News on
October 24, 1993, am evidenced by Affidavit of Publication flied with
the Clerk, public hearing was opened.
This Item was heard tn conjunction with Ztem #13A1, Petition
CU-93-9.
Coluallstoner 8aunders closed the public hearing.
~:f~ ~ 9ealomer Morris moved, mecondmt tff Comimelonwr NattheMe and
CaXTAINI 4/0 (almsloner Constantine o~t), to 8J~z~ve ]PetJtlon
~.~('j V-93~21, ~hmrwbF rodopting Resolution 90-627.
PaGe 41
November 9, 2993
11-621 It~ PITIT/:OI V-91-28, ~ Ilas_.du&6 iaQ. Ust,illll l
=':: ~ I'0 ill AE,~XAEu :FROIfi' AID IllJUt 'rAID OI 17 !l:rr AID 10
,,,aa~k,&J. isul FlYIt r,,cyr I Ill T!I CALL08 CIII 8UBDIVZIZOII LOCAl I]1
Legal notice having been published In the Naples Daily News on
j!i;.0ctobet 24, 1993, as evidenced by Affidavit of Publication flied with
~.". 'the Clerk, public hearing was opened.
Planner Nlno explained the present owner purchased this land and
, with the assistance of Staff platted the property, however, 1~ was
,(:'~donm in a manner that is unsuitable for the prevailing type of deve-
-~,'lolment in the Inokalee area. He said this situation has essentially
'~jL created two lots, neither of which will accommodate the typical
tingle-wide mobile home without a variance to the front and rear yard
~q.,feettmck requirements. He concluded the CCPC has unanimously recom-
:jiended,approval of Petition V-93-28.
Commissioner Saunders closed the public hearing.
~ tlaim~rNattbewssgved, seconded by Commissioner IoxTis ~
~1~4/0 (~~i~ ~t~ti~ ~t), to a~sova ~titi~
V-9~ll, ~~~ting~luti~ 93-528.
Page 42
Frank Brutt, Community Development Services Administrator,
explained this is a request for a second extension of Petition
CU-91-16. He indicated the petitioner is engaged in the planning of
this development and has selected an architectural firm and an engi-
neering firm, therefore, they are moving ahead with the project and
Staff recommends approval.
Commissioner Saunders closed the public hearing.
~k 'llltQlleZ' Matthews moved, seconded by Commissioner Yelps end
csrriml 410 (C~mtmeloner Constantine out), to a~x~va the second
.extemelea fe~ l~8tition CU-91-16, thexlb~ adopting !telolutiou 9S-S2g.
-. 000,, ,
Page 43
November 9, 1993
0JIC0L.~xK~INONORrJHOPWITHCOIfSTITUTIONALOFFICERS-WORZSHOP
TO B~IKLDO!rDKClJGER 13, 1993, at 9~00 A.M.
Commissioner Saunders communicated he has met with the
'*'(:,.~::!~'~onetitutJonal Officers concerning health insurance coverage. He
,,.
relayed their unanimous suggestion that the Board conduct workshops
w~th the Constitutional Officers two or three times each year. He
.i]Ifj~Irsportad the only date before the end of the calendar year that is
convenient for the majority is December 13. He indicated although
Sheriff Hunter will not be available on that date, he will send a
representat l.ve.
It ms the certain that a workshop be scheduled with the
:~,; Coastirrational Officers on December 13, 1993, at 9:00 A.M., for
~,:,,vp~ ,.dualely one hour
~.. ~ Creedseisner C~tntine re~ to the mating at this tim. see
:~ Coniss~oner Saunders asked ~he Board to ~o~n him ~n supporting
.... Fr~ltn Bder tot appointment to the ~entieth ~udicial Circuit
~i"~~. noted three people have been selected for consideration for two
~'~il~ls ~sitions ~d only one of the three persons Is from Collier
~ssi~ Vol~ ~d, seceded ~ Copiestoner Co~t~tine ~d
carried unanismasly, to adopt Resolution 93-530 endorsing the appoint-
of Franklin g. Baker as Circuit Court 3~Ige for the Twentieth
::'~,~xig~xl cLrcuxt,
-- 000. 134
Page 44
November 9, 1993
, DXSCUSSXOIOFFRXSaMkITR~OkTXIMPS - 8TLFFTO RETURN MITE UPDATE ON
POe2~IFIWIOAT!IAMP SIT~ OM 11/30/93
Commissioner Constantine recalled several recent discussions con-
cerning a County-wide deficit of boat ramps. He asked for an update
on the situation, especially concerning a specific site on 7th Street
in Golden Gate Estates.
M~. 011iff agreed to provide the Board with an update, including
three additional sites under consideration.
The following person spoke at this time:
Gerald Batten
Xtwmm the conmenmum that Staff will return with an update in
:(3E10)
DIICUIIZOIRIGINDZN8 PUBLIC !IAXING TO CODIDD ~ ~~ CODE
(~) ~ - ~COE~IC ~ZMG TO CO~ZDD L~~ TO
~ ~xzm~ ~ ~D 1 ~ ~.~xmusD ~ DE~D g, 1993
Commissioner Norris asked the Board to consider rescheduling the
LDC amendments to December 9, due to a scheduling conflict in the
Boardroom.
Responding to Commissioner Norris, County Attorney Guylet
explained a personnel workshop has been scheduled on December 1, which
would have been the date the second publlc hearing would normally take
p lmce.
It mmm tim c~nmensus that the second public hearing to consider
tm will be mdvwrttsmd for December I end continued to
:Dec_ ~m, l, 1992.
~Xtmm
~tMtD OF COUMTr CONNZBS:rONI:I~* CO.E.UdICATIONS
Ms. Filson reported she has received a memorandum from Sandy
Nomeler, Golden Gate Community Center Supervisor. Indicating that the
,oo, 000
Page 45
November 9, 1993
Golden Gate Community Center Advisory Committee would like to declare
a emit vacant and advertise for a new member. She said the member was
mppointed on 3anuary 19, 1993, and has ateended only two meetings
etnce that time.
It wee the consensus that this Item will be placed on the agenda
fo~ tbe~ ks. 16 seering.
County Nanager Dorrill advised that representatives of Naples
Cosmunit~ Hospital have met with himself and Staff to ask for very
specific claims ~nformat~on leading up to the meeting regarding
insurance and plan desIgn changes. He said although the meeting was
tentatively scheduled for November 23, the hospital as well as Staff
will need additional t~me to prepare for that meeting.
It mrs the consensus that an item to consider insurance plan
desiWa{~n~a will be scheduled for December 7, 1993.
see C~ flliOlMrr Norris moved, secandedbyCommissioner
Ct ~tr tins end carried 8/O, that the following ires under the
~r ~ ~ M 4- be 8pprovedand/oradoptedz ese
IZSOLUTIOI e3-503 I~COKDING TIll FINAL PLAT OF "SOUTHPOINTI YAClrT CLUB,
PIASITtlO" JLIDGIqJLITIMG PRELIMINARY &CC~PTMICX OF TBEItOAINtIY,
~IILTIX&IDSZlI~t ~ - I(ITI~THX STIPULATIONS AS
ZIg#lea2
Psg.. -' /
22N~t F~ILITII3 ACCIP~SD FOR BOUTBPOINT~ Y&CIFr CLUB, PIM~E IX - WITH
T~ ~TION ~ LISTED IN TNX EX~CUTIV~ 2U~IARY
See Pages HOTE: DOCUHENT NOT RECEIVED IN CLERK TO BOARD
OFFICE AS OF 1/18/9~
SENSe N~MTIXS ~CCs~D FOR GR~f 0~, UNIT FOUI~ - lelT~
~nT~. nO~IT~NT NOT RECEIVED IN CLERK TO BOARD OFFICE AS OF
NITJ~F/~If~T~ 2~ ~ TEl CLASSICS CO~ ~/~ILL, ~1 l
~OTE: DOCURENT NOT RECEIVED IN CLERK TO BOARD OFFICE AS OF 1/18/9~
,oo. 000- :137
Page 46
· November 9, 1993
It/SOLUTIOI t3-204 GRAIlTIN PRILIMIIU4tY ACCZPTMICI OF T~I ROAEWAY,
: .13tilIIg~, MATI~ AID 21BIEX IMP~OVEKBXTS FOR TlIX FINAL FLAT OF eGXIY
OrAl3 gilt FO01" - WITIf ~ 2TIPOLtTIONS AS LISTED IN TIll IZICUTIVI
· 2OlqllaRT
ss, Pa~,, /
-.BID dtl-ttXl IOIt "S/4 T011 CAB · ClLaSSIS WITH UTILITY BODY= - ANAXI~D
OF
s,, Pag, o A ~'/' /-,b' ~'
8AT'XSFACfZ0111 OF NOTZCZ OF PNOMISl TO PAY AND AGX ' .z,a,- TO ~
PA'ZIIIIT OF'I'IMIM DIPACT FZX~ FOR 8TOITI BUZr-DrI~ CORPOIttTIOI, A !t"LORZDA
COIQeOIATZOI AID BUD'ELlA BXTANCOUNT, NIXlARD P. DZletltlY AND 3ZIQ31ZAll 3.
See Pages
JKrrl2R OF PROMI2K TO PAY AND ~ TO BXTIND PAYIa:NT OF IZW~t
D2,ACT 'FIll !~ WlLLIAN I. AND AUDRrr/ORSYTH
AG~3111TBITWIIIVILLAGIPI~0DOCTIOllB OF GOODLANDANDTIIIBOARDOF
C0q31T~IVIIEIIXIIII!t2 TO PAZllTANZlWq2'II~O!OelrrALMURAL ON THIWATIR
2TORIBITIMKATT!~ ~OODLANDWJ, TIR rfATl0ll
lllD ~II-210T FOR PAIITING 233tVICI2 FOR OO'V~.s~ lkClr-ITll21
(KN_.~s-tZEIII - IMAllDID TO 81XVICI PAI11TIllG OF FLORIDA, XNC.
!~20ZOTIO~I2-208 AFFROVING 2 C2XTIFrlNG TNX SPECIAL ~ ROLL
!qXtiTOIT2OLIDllI2TX COLI~CTXON AND DISPOSAL ~ FOR TI~ lgg4
See Pages
17,3,-/?
Page 47
November 9, 1993
:Item
(XNIFIII&t"J:01 AN0gllt !'C)I~ FISCAL YF, J~ 1994 U COrrAllED 111 TIll
Wr'll lilt Y.,. NOTIX, P.A., TO PIt0VZDI/'01~ Cu~J~xa'~ CONTlttCT
~C~:2 FO~ TI~ I~LIC.Me B&Y SEXVICI2 DI'V~SION - IN TI~ ~J~u,~ 0r
$23,000
]II3OT, lJTJ:OI 13-8,O'J' XICOIIIIIDIIG ~ APPOZ'rZ'IIZIT 0Y DORC)T!ff DBIZCllXZ, I TO
TIt, r, & VJiCAICT OI TEl LT, CO]!05, DRUG ABU11I AID NZFrAL I!lAr, ll Iq, ANlrZICi
,.. ,..,.. / g'_~---
zm
!.i . i~:! :wr.t '112ogl ~k,O.lkbsa~& - FI:r,,ID AID/OR
The following miscellaneous correspondence was filed and or
referred as presented by the Board of County Commissioners:
-. 000. I::]9
Page 48
1~~~018 OF T,,I~II FOR BRRVICIS 01 T!!R POBLZC Dkxx,..,sA
i*:~ see P..... /~, -/~/
There being no further business for the Good of the County,
'~'~jmeeting was adjourned by Order of the Chair - Time: 5:30 P.M.
BOARD OF COUNTY CONNISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS
CONTROL
~;;.. . :~.
.~-
~:~:' -;.'~ - L · SAUNDERS,
~..~
~' /,~,,,~,,~
sroved by the Board on
or at corrected
'1',~,d .~.~
1993
the
CHAIRNAN
Pap 49