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BCC Minutes 02/22/1994 R Naples, Florida, February 22, 1994 LET IT BE REMEMBERED, that the Board of County Commissioners in :.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 have been created according to law and having conducted business herein, met on this date at 9:00 A.M. in REGULAR SESSION in Building ,i' "F" of the Government Complex, East Naples, Florida, with the following members present: ALSO PRESENT: CHAIRMAN: Timothy J. Constantine VICE-CNAIRMAN: Betrye J. Matthews John C. Norris Michael J. Volpe Burr L. Saunders Marilyn Fernley and Sue Barbfrettt, Recording Secretaries; Neil Dorrtll, County Manager; Ken Cuyler, County Attorney; Heidi Ashton, David Bryant and Tom Palmer, Assistant County Attorneys; Tom Olltff, Public Services Administrator; Mike Smykowski, Acting Budget Director; George Archibald, Transportation Services Administrator; Bill ~orenz, Environmental Services Administrator; Wayne Arnold, Planner; Robert Mulhere, Planner II; and Sue Ftlson, Administrative Assistant to the Board. Page (34,) ,-&GE)fDA - &PPROVED M/TH CHA~GES February 22, 1994 Co~/ee/oner Norr/e ~oved, eeconded by CommiesLoner Matthews and c~rrt~d unant~usl¥, to approve the agenda with the c~gee as ~ta~l~ ~ the Agen~ C~ge Sheet, ~d the foll~lng addltlo~l Ate~: I~em ~A - Update on Suncoaa~ Corpora~Aom, S~on Manor PUD, Cour~ DecisAon. Page 2 *(202) Z~wm #2A CONSENT Ai~Z!IDA - APPROVED A~D/0R ADOl:'T~D February 22, 299& The ~otlon for approval of the consent agenda is noted under Item (2os) fy: NINUTES 0H THE STRATEGIC PLANNING WORKSHOP OH FEBRUARY ?, 2994 AND REGULAR MEETING OF FEBRUARY 8, 2994 - APPROVED Co~tesionsr Volpe ~oved, seconded by Coulssioner ~tthews and carriedunani~ously, to approve the Nlnutes of the Strategic Planning Workshop of February ?, 1994 and Regular Nesting of February 8, 2994. (225) Itel r Commissioner Norris congratulated the following employees for service with Collier County Government: Robert E. Kohl - 5 Years, Utilities AdmtnLstratton Jack T. Pfiester - 5 Years, Utilities/Water Barbara L. Brown - 5 Years, EMS Presented Not Presented Presented (140) Ite~#iB PROCLAMATION DESIGNATING SATURDAY, FEBRUARY 26, 2994, AS STEP-BY-STEP C~ILDRENIS DAY IN COLLIER COUNTY - ADOPTED Upon reading the Proclamation, Commissioner Constantine moved, seconded by Commissioner Saunders and carried unanimously, that the Procl~tion designating Saturday, Feb~a~ 26, I994, as Step-By-Step Chil~en~s Day in Collier Co~ty be adopted. Mr. Charles J. Dauray, Director of Development, T.E.C.H. Foundation, Inc. accepted the Proclamation. Page 3 February 22, 1994 PROCLAMATIO~ RHCOGNIZING EMERGENCY KEDICAL SERVICES/HELICOPTER OPERATION~ CREW FOR ACTIONS DEMONSTRATING EXEI~LARY ABILITY, DISCIPLINE AND EXCELLENCE OF SERVICE IN AN EMERGENCY SITUATION AND THEIR CONTRIBUTIONS TO THE CITIZENS OF COLLIER COUNTY - ADOPTED Upon reading the Proclamation recognizing Chief Helicopter Pilot Peter Bolton and Helicopter Pilots Paul Curtis, Mike Manning and Tom WaJerski, CoB~ilIloner MatthewI ~oved, ieconded by Co~!~islioner Volpe ud c~rl~ ~tml¥, t~t the Proclltlon reco~lzing Emergen~ ~lcal Seaices/Helicopter ~rattons Crew ~ adopted. Page 4 February 22, 1994 (328) *~' Zte~ #4D PROCLAMATION DZSXGNATZNG SATURDAY, FEBRUARY 26, 2994, AS OUTSTANDZNG AFRXCAN-AMERICAN EDUCATORS OF COLLIER COUNTY DAY - ADOPTED Upon reading the Proclamation, ContasLoner Saunders ~oved, · econded by Co~tsatoner Volpe and carried ~imo~ly, t~t the Afr~c~-~rc~ E~cators of Collier Comfy Day be adopted. Page February 22, 1994 BUD(3'~ ~S S4-28~, 94-202, 94-20?/208, 94-222 AND 94-225 - Acting Budget Director Mike Smykowski requested adoption the six (6) routine Budget Amendments as shown in the Executive Summary. Commissioner Norris moved, seconded by Coniss/oner Matthews and curled unani~ousl¥, that Budget A~end~ents 94-289, 94-202, 94-20?/208, 94-221 and 94-261 be adopted. {470) CL~R~'S REPORT - NO ACTION TAKEN Commissioner Constantine stated that the Clerk's Report is for information purposes only. {47s) #8A! BACI~ROU~D A~D PROPOSED CHANGES TO THE ARNY CORPS OF ENGINEERS GENERAL PERMIT SAJ-48 WHICH AFFECTS THE NORTHERN BLOCK OF GOLDEN GATE ESTATES - CO~!ISSIONER CONSTANTINE TO DRAFT LETTER IN SUPPORT OF A TWENTY P~RCENT (20~) AOREEMENT; ALTERNATIVELY SUPPORT FOR EXISTING P~RMIT - APP~0VED Wayne Arnold, Senior Planner, stated that the current General Per- mir authorizes Collier County to issue building permits for Golden Gate, north of Alligator Alley, without individuals having to petition the Army Corps of Engineers. Mr. Arnold explained that two (2) signi- ficant changes are proposed to the general permit, i.e., increasing the number of units affected by the permit because of impacts and increasing the allowable fill area for single-family and duplex sites from 8,000 square feet to one (1) acre. Mr. Arnold indicated that the impacts could be significant An terms of permitting and environmental resources if the allowable square footage ia increased. Mr. Arnold stated that the U.S. Fish and Wildlife Service and the Environmental Protection Agency have voiced objections to the increase and the General Permit probably will not be reissued with the proposed modifications because of the objections the Page 6 . Corps has received, February 22, 1994 Mr. Arnold stated that through meetings and telephone conver- sations with the Corps of Engineers, three (3) options exist: l) the permit could be extended as it is currently written; 2) rescinded completely; and 3) if rescinded, enter into a specific agreement with the Corps relative to Collier County's permitting requirements. Commissioner Matthews stated that the General Permit allows up to 8,000 square feet to be cleared but an applicant must still contact the Army Corps of Engineers to obtain a permit. Commissioner Matthews explained that if the General Permit is terminated, every individual will be required to go through the regulatory process to obtain a wetland clearing permit. Mr. Arnold stated that the General Permit expired last year and Collier County has been working under an extended permit which expires in approximately two (2} months. County Manager Dotrill stated that subsequent correspondence of which Collier County has received copies indicate that the Environmental Protection Agency in Atlanta is reserving the right to refer this through some type of Federal Intergovernmental Mediation procedure. He explained that the U.S. Fish and Wildlife Service sup- ports the 8,000 square feet but no more. In response to Commissioner Norris, Mr. Arnold stated that the Corps has proposed increasing the 8,000 square feet of clearing to one (I) acre so that a property owner should be granted a permit for clearing up to one (1) acre from the Corps if petitioned. Commissioner Matthews stated that a number of Golden Gate resi- dents are not in compliance with the Corps of Engineers because they failed to contact them when clearing the 8,000 square feet and the Corps does not have the manpower to enforce the rule; therefore, the Corps is increasing the square footage to one (1) acres because Collier County allows one (1) acre and then Collier County is respon- sible for monitoring. Mr. Arnold stated that the difference between the Land Development Page 7 February 22, 1994 ','Code which a/lows the clearing of up to one (1} acre without vegeta- t/on removal permitting in conjunction with a eingle family home per- mit is that it does not authorize impacts to wetlands, in which case the Corps of Engineers must be contacted for permitting. Mr. Dotrill stated that a number of estates in Golden Gate are ~, ' excluded from the nationwide permit as a result of having a very viable wetland slough within a particular unit and/or a wildlife habi- tat concern, primarily woodpeckers. Commissioner Matthews stated that the Corps of Engineers is !i~:~.willlng to entertain a 20 percent limitation and coordinate their per- ".- mir with the County building permit so that Collier County citizens i would not be required to contact the Army Corps of Engineers. Mr. Arnold stated that the 20 percent limitation may be an option i( available to Collier County if the General Permit is rescinded but the Ii likelihood is uncertain because of the nature of the objections. Mr. Arnold explained that further modifications to the permit may occur and would be re-submitted for review and comments by affected parties. ~.. Commissioner Constantine stated that one concern he has in general is too much control and/or re~ulation rather it be Federal, State or local. Commissioner Constantine pointed out that "The Jacksonville District proposed to Increase the amount of fill authorized from 8,000 square feet to one (1) acre per site. Additionally, the Jacksonville District proposes that no site plans be required for this permit." and f' these are two (2) obvious steps away from regulation and should be .! embraced. Commissioner Constantine stated that more regulation is not needed and this is an opportunity to lessen the regulation, especially ~[ since often times these are first time home buyers in the Estates Commissioner Constantine pointed out that the general permit as proposed will impact some units substantially and others minimally and the general and environmental concern of placing fill in heavily forested strands is one of the main objections. Commissioner Gonstantine stated that these are sites for private residential homes and not a preserve area in the middle of the Everglades. He explained Page 8 February 22, 1994 'that he does not wish to prevent or create an extra step or cost in the process of trying to build a home. Commissioner Matthews stated that the 20 percent compromise offers a solution because under the General Permit as it exists the citizens are required, even though they have not been doing it, to contact the Corps of Engineers and obtain a perfunctory permit. She explained that if the Environmental Protection Agency and the U.S. Fish and Wildlife Service withdraw their objections to the modifications, then the Collier County building permit will become the Corps permit and would stop additional regulation. Commissioner Constantine questioned why the Board of County !~i' Co~lssioners would not want to embrace what the Corps of Engineers has proposed? Commissioner Matthews explained that with the objections the Corps has received, the one (1} acre modification is not likely to be approved. Mr. Arnold stated that most of the single family homes that Collier County permits in Golden Gate fall between 8,000 and lO,000 square feet for proposed clearing and filling area. He noted that people purchasing property in the area are interested in retention of vegetation and trees and are not interested in clearing two and one quarter (2-1/4) acres. In response to Commissioner Constantine, Mr. Arnold stated that only a handful of people have requested clearing one (1) acre. Commissioner Constantine explained that this is not a big problem especially if the Corps of Engineer feels that the modification will not be approved. Mr. Arnold explained that Collier County has not received written verification from the Corps of Engineers that the modification will not be approved. Commissioner Matthews stated that historically when objections are 'received from major Federal agencies, the Corps of Engineers does not proceed with a request. Page 9 February 22, 1994 Commissioner Saunders explained that if the Board of County Commissioners does not take some position, the General Permit will be eliminated and everyone will have to go through the permitting pro- cedure. Be stated that the Board must not imply that it is not concerned. Mr. Arnold stated that the Corps has verbally notified Staff that failure to comment may, in fact, indicate that Collier County is not ~nterested in retaining the per·it. Commissioner Matthews stated that according to Skip Bergman of the Army Corps of Engineer, individuals requesting fill permits directly from the Corps could take as long as 15 months to complete compared to three to six (3-6} months under the General Permit. The following people spoke on this item. George Keller Mike Schmaeling Commissioner Constantine stated that the General Per·it and the level of clearing is at issue here and the consensus is that no one wants to see the General Permit lifted. Commiss~oner Saunders stated that the appropriate response is that the Board of County Commissioners supports the Army Corps of Engineers request but because there may be a problem with the request being ~·plemsnted, the Board of County Commissioners is in support of the existing permit which allows the filling of up to 8,000 square feet without going through the Corps. Commi~sioner Matthews stated that she would like to move one step further and support the 20 percent agreement in which at the time the County's building permit is Issued it also becomes the Corps permit, thus increasing the amount of square footage to 10,000 square feet for an acre and a quarter (1-1/4) parcel instead of 8,000 square feet. Commissioner Saunders stated that in the alternative the Board of County Commissioners supports the existing permit. Co~tesioner Matthews moved that · response be drafted in support of · 20 percent agreement for clearing wherein the County's building permit becomes the U.S. Army Corps of Engineers permit upon issuance Page lO February 22, 1994 and that in the alternative, the existing perntt be continued. Seconded by Co-,-iealoner Saundereo Commissioner Constantine stated that the motion then is the Board of Covnty Commissioners support the tnJtla! plan; however, realizing that it may not happen, it would like to see the 20 percent with the permitting going through Development Services. Commissioner Matthews stated that it will take an agreement bet- ween the County and the Army Corps of Engineers. Upon call for the question, the ~otlon carried unanimously. Commissioner Constantine stated that he will draft the response to the U.S. Army Corps of Engineers. Page 12oo) ~t~ 8B2 February 22, 1994 ROAD IMPROVEMENTS TO DKLLA DRIVE CONDITIONED ON PREPAYMENT OF · ESTIMATED COUNTY COSTS - APPROVED Commissioner Constantine stated that approximately 38 homes exist on Della Drive and although it is not a County Road, the road has deteriorated sufficiently that emergency service vehicles may have difficulty in accessing the washboard road. Commissioner Constantine explained that the property owners have requested that Collier County improve the road and they will pay for all expenses incurred. Transportation Services Administrator Archibald explained that Staff has compiled a report addressing different levels of improve- ments varying from $500.00 to $60,000.00 to bring Della Drive up to County standards. Mr. Archibald stated that the residents are not interested in spending a large amount of money but request that the public welfare issue be considered. Mr. Archibald explained that all work will be subject to funding by the residents, approval by petition that the residents recognize this is a one (1} time activity and does not constitute acceptance of the roadway and residents must also exe- cute a right-of-entry form. In response to Commissioner Constantine, Mr. Archibald explained that the residents will be required to fund the project in advance of requested work being completed. In response to Commissioner Norris, Mr. Archibald stated that Collier County has performed work similar to this in the past but this situation is unique in that the County is dealing with a private road- way that has not been subject to official dedication. Mr. Archibald explained that the residents had the options of hiring a private contractor or hiring the County and they approached the County because ~t maintains an adjacent roadway, 23rd Avenue. Commissioner Constantine stated that this is also a health, safety and welfare issue and the County can complete the work faster and cheaper. In response to Commissioner Matthews, Mr. Archibald stated that Page 22 February 22, 1994 '~.'~here ta always some exposure to liability, therefore, staff is requesting that lO0 percent of the property owners sign a petition ;irecognizing that the County is under no obligation, liability or main- tenance for the road or improvements. Mr. Archibald explained that the residents are a little concerned about giving their money to a third party to perform the work. Conissioner Saunders moved, seconded by Commissioner Matthe~e~ and ,' carried unanimously, to approve road l~provemente to Della Drive, conditioned on prepayment of estimated costs with the understanding that the County will not be doing work on privately owned roadways other than for safety and welfare reasons. Item #8B2 - Continued to March l, 1994 Meeting A~RE~MENT FOR PURCHASE OF PROPERTY OWNED BY THE GULF COAST LITTLE LEAgUe, INC. FOR A COMMUNITY PARK SITE - STAFF TO CONTIKUE NEGOTIATIONS TO REMOVE ENCUMBRANCES FROM DEED AND PREPARE A SEPARATE AGREEh~x FOR CONDITI0~S Tom Olliff, Public Services Administrator, stated that on October 5, 1993, the Board of County Commiss~oners considered a proposal from Gulf Coast Little League, Inc. for the purchase of a little league complex located in Lely Development in East Naples and directed Staff to obtain an appraisal and prepare the necessary closing documents to complete the purchase. Mr. Olliff explained that an appraisal was obtained and the appraised value of the property with improvements is $310,000: land value is $117,000 and improvements are valued at $193,000. Mr. Olliff stated that the agreement was negotiated by the Parks and Recreation Department and the Gulf Coast Little League is requesting four (4) conditions: 1) priority use during their seasons; 2) continued operation of a concession stand; 3) storage of equipment on the property; and 4) retention of advertising board revenue until contracts have expired. Mr. Olliff explained that the agreement requires the County to make improvements to the'site within a three (3) year period and they 25 Page 13 February 22, 1994 ':;'lnclude: 1) repair damaged fence; 2) install batting cage; 3) bring J!'the l~ghts up to County standards for Little League play; 4) renovate ~ kitchen/concession and rest rooms; and 4) repair PA system and air conditioner. Mr. Olliff stated that the closing documents have been structured !-'in such a way that the above are actual restrictions on the property ~ and historically the Board of County Commissioners has abstained from ~' deed restrictions that will run with the property. Mr. Olltff explained that the Little League and area residents do i.. not want the property to be utilized for sewer plant expansion. Mr. Olliff stated that Pollution Control has advised Staff that three (3} underground storage tanks, which have subsequently been removed, were located on property adjacent to the L~ttle League Complex and one (1} or more of the underground tanks ~eaked fuel resulting in a Florida Department of Environmental Protection .investigation. Mr. Oll~ff explained that the FDEP report states that clean-up of the site is not necessary; however, mon~toring wells are to con- tinue to In-place. Mr. Olliff stated that the ground water flow is from the Gulf Coast Little League site, across the adjacent property and away from the s~te and the Pollution Control Department ks recom- !!'mending proceeding with the purchase of the property based on these findings. Mr. Olliff stated that funds are available but some budget amend- ments will be required to complete the purchase. Mr. Olliff requested that the closing date be modified from Februar~ 28, ~994 to March 1, 1994 due to the two (2} week delay while waiting for the FDEP report. Mr. Olliff stated that Staff is requesting approval of the agreement for the purchase of the propert~ for a community park site, ; authorization for the Chairman to execute the agreement and any other necessary closing documents subject to approval by the Office of the '~ County Attorney, authority to record the deed and related documents in Page 14 February 22, 1994 the Public Records of Collier County, Florida and approval of the necessary budget amendments. In response to Commissioner Matthews, Mr. 011iff stated that he cannot ~uarantee that contamination will not move into the proposed purchase area but the monitoring wells and clean-up of contamination caused by the tanks are the responsibility of the property owner adja- cent to the Little League Site and will not be Collier County~s · responsibility. In response to Commissioner Volpe, Mr. 011tff informed that the East Naples Fire Control and Rescue District is the adjoining property owner but is not the party responsible for the contamination; the property was previously owned by the golf course who had the (~*' underground storage tanks and it is their responsibility. Commissioner Volpe stated that he has reservations giving the seller priority on use of the property, continued operation and keeping the revenues from the concession stand, storage of equipment without a charge and continuing to collect the advertising revenue. He explained that once the County takes possession, the site becomes a public facility and questioned whether these conditions are legally permissible. County Attorney Cuyler stated that Staff feels that the conditions are legally permissible when the selling party is offering the property for less than fair market price. Commissioner Volpe stated that a separate agreement containing the requested conditions is preferable to encumbering the title. Commissioner Volpe explained that this is a concession on a public facility that has not been competitively let, allowing the con- cessionaire to retain all revenues, in addition to encumbering the · title to the ~roperty. Mr. 011iff explained that the concession portion of the agreement is consistent with how Collier County handles all Little League sites. In response to Commissioner Matthews, Mr. 011tff stated that this situation is different in that the other Little League agreements do Page 15 February 22, 1994 /not encumber the deed wherein this one does. In resinones to Commissioner Volpe, Assistant Attorney Ashton stated that the conditions requested by the Gulf Coast Little League are a policy decision and not a legal one. ~eetonsr Matthewo moved, seconded b~ Commissioner Saunders and .C~Tted unant~l¥, that Staff continue negotiations with Gulf Coast ~Llttle Deague, Inc. for purchase of the site, removing the sncum- brance~ fro~ the Deed and prepare a separate agreement for requested conditions. ii.~' Commissioner Constantine stated that a long term but separate ..agreement is acceptable. Commissioner Saunders stated that removing the encumbrances from the Deed and entering ~nto a separate agreement for conditions should be offered to the Gulf Coast Little League representative and if they do not accept, then the offer should be withdrawn rather than having the Issue heard numerous times. Commissioner Volpe stated that the Board is committing taxpayer dollars to renovate the kitchen and the concession stand for Gulf Coast Little League use and for the generation of revenue. Mr. Olltff explained that Staff compared the renovation costs to new construction costs because the County constructed new facilities at the Golden Gate and North Naples sites and the Little Leagues utt- "' ltze the facilities most. Commissioner Constantine stated that if the Board of County Commissioners spends $2,000 to renovate the kitchen and it supports Little League, It is productive and good for the children of Collier County. Mr. Olliff explained that the County will ~nvest a dollar amount · in this project, but the return to ~he growth management benefit is substantially greater and the County will budget less next year in general taxes for supported park capital by this action. Commissioner Norris stated that it represents a monetary savings to the taxpayer. Page 16 ~ebruary 2~, 1994 Ittl ~ID1 - Coat,ned to I~rch l, 1994 Nesting ."~IS0~ ~ ~RTS DESIGNATED FOR ~ ~I~ P~ 0~IN~CE 92-44' - ~~ ~ ~ ~ TO ~I~ ~ ~CO~ATIONS FOR ~S ~ ~Q~S~D Commissioner Constantine stated that lncluded in the list ls the ..Collier County Environmental Policy and Technical Advisory Board '(EPTAB) and their usefulness In fulfilling thetr roll this year has been questioned. He explained that if EPTAB ~s to work on policy and technical issues, such as the HPO and the NRPAts, they need to adhere policy. ~ Commissioner Constantine pointed out that Number 6 in the EPTAB report reads "The current membership requirements seem to provtde a good cross-sectlon of expertise and a balanced Board." Comm/ssionar Saunders moved, seconded by Commissioner Matthew, s .~nd c~rrted u~ntmously, to approve the Advtsory Board RelYarts as ''(222?) In response to Commissioner Saunders, County Manager Dorrtl! stated that Counties that are not members of NACo may apply and be considered for awards as long as the Chairman ~s authorized to sign the application. Co~tsltoner Norris ~oved, seconded by Commissioner Matthews and carried unanimously, that the Chat~ ~1~ the Nation1 ~loctatton Page i. February 22, 1994 (22?2) Xtm~ ~& *UPDATE ON THE ~UNCOAST CORPORATION LAWSUIT - COUNTY ATTOKN~YwS OFFICE TO FILE AN APPEAL AND, IF APPROPRIATE, FILE FOR A MOTION FOR ]~EHEARING - APPROVED David Bryant, Assistant County Attorney, stated that a decision i.~,:has been made in the Suncoast Corporation versus Collier County lawsuit in favor of Suncoast Corporation. Mr. Bryant explained that this rezoning case involved an affordable housing Planned Unit Development (PUD), Saxon Manor. Mr. Bryant stated that Collier County can appeal the Judge's order · and a viable issue for appeal is the court telling the Board of County Commissioners how it can zone property; this is an invasion of the separation of powers. Mr. Bryant advised that the County should only appeal that particular issue with the argument that the Court does not have the right to tell Collier County how to zone property and send the matter back for a reheating. Mr. Bryant stated that the applicant can be notified and advised that the County does not agree with the Judge~s order, appeal the order and inform him he is entitled to a new hearing. Mr. Bryant explained that the record from the first hearing indi- cates support of the petition. He indicated that if the petition is reheard, it should be pursued from a "not what you want" aspect but submit data in support or denial of the application. Commissioner Volpe stated that the motion for denial was a 3/2 decision and a motion that failed actually contained all the con- ditions agreed to by the petitioner. Commissioner Volpe questioned if the Judge*s order stipulates that the conditions as listed in the failed motion are to be met? Mr. Bryant explained that the Judge is saying that the Board would "'agree with the applicant as the application was made. County Attorney Cuyler stated the Court remanded a decision on the part of the Board consistent with the Board*s order which went through an analysis as to why the PUD should be granted and that the denial Page 18 arbitrary and capricious. February 22, 1994 In response to Commissioner Volpe, Mr. Cuyler explained that the petitioner must be contacted to ascertain if he plans to appear before the Board to request granting of the PUD as it was presented in his application. Mr. Cuyler stated that there are case laws that state that the Circuit Court is not suppose to be a super zoning board over the Board of County Commissioners. Mr. Cuyler indicated that if the petitioner objects, the Board may not be allowed to offer the same stipulations to the petitioner as in the failed motion during the first hearing. Mr. Cuyler stated that the petitioner could appear before the Board to discuss the issue but the 30 day (from the date the order was si~ned) appeal deadline must be met (March 15-16, 1994). Commissioner Volpe stated that before a vote on a motion, he needs to understand what the petitioners position is because of the public input and stipulations that were agreed to at the time of the initial hearing. Commissioner Constantine stated that the Board should appeal for the right to reheat. Mr. Bryant stated that Collter County would request that the Second District Court of Appeal rule on the right the Judge had to tell the Board to do a particular act as it relates to zoning. He explained that the County's position is that he can only rule for the Board to hear the petition again. Mr. Bryant explained that because this is a very important issue to any Board, other Counties will be watching. Commissioner Norris stated that the Board of County Commissioners may not need to sit as a zoning board if the Courts want to take all the responsibilities. tommiss, loner Volpe stated that he is concerned with the time and expense involved in this particular fezone petition and questioned if the County would be exposed to damages or attorney's fees in the con- text of the litigation? Page 19 February 22, 1994 Mr. Cu¥1er stated that the expenses Incurred by the County will be i~%he cost of the appeal for both sides if the appeal is not successful. Mr. Cu¥1er requested that the Board leave the decision to the Co~lnty Attorney's Office whether to file a motion for reheating if the consensus is to file an appeal. Co~alasioner Saunders moved, seconded by Co~misstoner Norris and ;carried 4/1 (Co~uatsstoner Volpe opposed) to have the County Attorney's Office file an appeal and to file a motion for reheating, if appropriate. Recessed: 10:25 A.M. - Reconvened: 10:40 A.M. at wh/ch time Recording Secretary Barbiretti replaced Recording Secretary Fernley *** (2S92) Item,10A FRIEND~ OF THE MUSKUM - A~]~EEMENT BETWEEN OSCKO~A FAMILY AND BCC T~I~MINATED; LETTE~ OF APPRECIATION TO BE FORWARDED TO THE OSCEOLA FAMILY F~OM ~CC Ttna Osceola, representing the Sacsola family, stated that after numerous meetings a number of avenues were offered to the Sacsola family regarding the American Indian Days Festival, however, she ~announced that new Issues were consistently brought up so that a fina- 'llzatAon never came about. She explained that in order to prevent this from continuing and to prevent Ill feelings tn the future, the Osceola family requests that the Board of County Commissioners release them from the American Indian Days Limited Use License Agreement. Commissioner Saunders stated that this termination is a great loss !':.' to the museum. He said that it is important to maintain the festival ~ : in Collier County. He indicated that he will personally assist the ~i:: Osceola family in any way possible. Cma~lmsioner Saunders moved that the American Indian Days Limited U~e LAcen~e A~reement between the Board of County Commissioners and the Sacsola Family be terminated. Seconded by Co~uaissionsr Vol~e. Commissioner Matthews stated that she will support the motion because of %he Osceola's request, however, encouraged the Sacsola Page 20 February 22, 1994 ;~' family to locate a site within the County. Upon call for the question, the motion carried unanimously. Commissioner Constantine announced that there is a second issue 'concerning this item. Public Services Administrator Olliff announced that the Friends of the Museum have scheduled the adoption of revised by-laws into their meeting agenda of March 10, 1994. He stated that they have scheduled an election for a new Board of Directors. The following people spoke on the subject: Tape ~"~ Max Hasse, Jr. Chris Lombardo C. Charles Abbott Louis M. Rusttzk¥ Charles Price, Jr. Addison Miller David Southall Oannes A. Pritzker Commissioner Constantine stated that the Board appreciates the effort of the Friends of the Museum to resolve past problems. encouraged the use of the museum. He Commissioner Saunders stated that the loss of the festival is a loss to the museum. He suggested that the Board of County Commissioners forward a letter of appreciation to the Osceola family to wish them well and offer support. Commissioner Matthews agreed with Commissioner Saunders and thanked the Osceola family for the fine work that they have done. Commissioner Volpe concurred and expressed his appreciation. Commissioner Saunders moved, seconded by Commissioner Matthews and carrie~ unanimously, that the Board of County Commissioners forward a latter of appreciation to the Osceola family. Its, #lOB RESOLUTION 94-111, APPOINTING DON BERRY TO THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY - ADOPTED Administrative Assistant to the Board Ftlson stated that there is a vacancy on the Collier County Industrial Development Authority. Commissioner Norris announced that the Chairman of the Economic Development Council proposed that Don Berry be appointed. Commissioner Norris moved, seconded by Commissioner Volpe that Page 21 ~e~ruar~ BerrF be ~ppointed to the Collier County ~ndustrta! Development AuthentiC. Upon call for the ~estion, the ~otlon carried 4/0 S~rl ~t), there~ adopting Resolution 94-111. Co~ssloner Volpe acknowledged the fine Job done by Walter Rogers. Administrative Assistant to the Board F~lson stated that she will ~repare a certificate of agprec~a~on for Mr. Rogers. Page 22 (82o) Item ~22C1 February 22, 1994 RESOLUTION 94-112 RE PETITION CCSL-93-9, ANDREW WOLFE REQUESTING A COASTAL CONSTRUCTION SETBACK LINE VARIANCE TO ALLOW THE CONSTRUCTION OF A DUNE WALKOVERAND DUNE ENHANC~NT ON A TRACT OF LAND ACCRETED TO LOT 9 OF SOUTH NAPLES SHORES, ON KEEWAYDIN ISLAND - ADOPTED Legal notice having been published in the Naples Daily News on February 6, 1994, as evidenced by Afftdavlt of Publication filed with the Clerk, public hearing was opened. Fred Retschl, Environmental Specialist, explained that the peri- · tioner is requesting a variance for construction of a dune walkover and dune re-vegetation for his lot in conjunction with a single family home construction. Mr. Reischl announced that the petition is consistent with the Land Development Code and Growth Management Plan. He stated that Staff recommends approval. In response to Commissioner Volpe, Mr. Retschl explained that one of the stipulations of the Department of Natural Resources is that a s~ngle family home be constructed at the same time or prior to the issuance of the building permit for the dune walkover. In answer to Commissioner Volpe, Mr. Hetschl replied that the construction of the residence is in compliance with the Growth Management Plan as long as the stipulations are met. Robert Mulhere, Acting Current Planning Manager, stated that the Celllet County Planning Commission approved a boat dock petition and that a condition to that approval was that the petitioner obtaln a single family building permit. Chairman Constantine closed the public hearing. Andy Wolfs stated that he is complying with all the conditions .~ asked of him. Commissioner Nettie moved, seconded by Commissioner Saunders to appr~ Petition CCSL-93-9. Upon call for the question, the motion carried unanimously, thersbF~dopting Resolution 94-112. 36 Page 23 Item~12C2 February 22, 1994 ORDINA]~CE 94-10, AMENDING ORDINANCE 93-56, THE ANIMAL CONTROL ORDINANCE, ESTABLISHING SPECIFIC FINES AND, IN SOME CASES A MANDATORY COURT APPEARANCE, FOR VIOLATIONS OF THE ORDINANCE; ALSO TO EXPAND APPLICATION OF THE 'AFFIDAVIT OF COMPLAINT" PROCESS TO ALL VIOLATIONS OF SECTION SIX OF THE ORDINANCE - ADOPTED Legal notice having been published in the Naples Dally News on February 2, 1994, as evidenced by Affidavit of Publication flied with the Clerk, public heartng was opened. Public Services Administrator Olltff explained that the ortgtnal Ordinance did not include speclflc fines, noting it included a range up to $500.00. He said that the Court Administrator requested that the BCC identify what the fines would be for both "aggravated and non- aggravated" violations. He noted that the other major amendment is that with an affidavit from two or more of the surrounding property owners the animal control officer can issue a cttatlon without actually witnessing a violation. Laura Blackwell spoke on the subject. Referring to comments made by Ms. Blackwell, Commissioner Constantine asked if the confidentiality of the complainant could be maintained. County Attorney Cuyler stated that there is no exemption that he is aware of. He said he would check further. Commissioner Volpe asked if this Js an enforcement issue, and if So, questioned whether this could be handled by the Code Enforcement Board? Assistant County Attorney Palmer stated that there is no prohJb~- tion in State statute that would preclude enforcement by the CEB, however, the fines are civil f~nes. Commissioner Constantine stated that malnta~ning confidentiality is & concern, and secondly, the use of the CEB would be more cost efficient and more expedient to the complainant. He asked if these concerns could be amended into the Ordinance? Assistant County Attorney Palmer stated that he is not certain, Page 24 February 22, 1994 but this may be another avenue that could work concurrently with the others that presently exist. ~ ' Commissioner Constantine suggested that the proposed amendment be : adopted and direct Staff to report back as to whether the CEB could be .~used. ~ · County Attorney Cuyler suggested that if the information can be ~i'found with regard to the confidentiality Issue, that staff be directed ;'~" to include that language in this amendment cycle. Chairman Constantine closed the public hearing. Commissioner Norris ~oved, seconded by Couisaionar Matthews that i:. the p~ ~ad~ent be adopted; Staff directed to investigate the possible ~e of the Code Enforcement Board as an enforcement agency ~nd that the confidentiality issue be investigated and inserted into this ~end~ent cycle, if applicable. Upon call for the question, the motion carried unanimously, that OrdXn~ce 94-10 be adopted, and entered into Ordinance Book 65. (1S33) Item ,13A1 PETITION CU-93-23, ALLAN S. &BBEY, REPRESENTING MCKESSON WATER PRODUCTS, REQUESTING CONDITIONAL USE '9" OF THE C-5 ZONING DISTRICT FOR & NATER DISPENSING KIOSK WITHIN THE RIDGEPORT PLAZA PARKING LOT - DENIED Legal notice having been published in the Naples Daily News on Februar~ 6, 1994, as evidenced by All/davit of Publication filed with the Clerk, public hearing was opened. Acting Community Development Director Wayne Arnold stated that this petition is a request to install a water kiosk w/thAn the Ridgeport Shopping Plaza parking lot. He described the locatton of the parking lot. He sa/d that the Collier County Planning Commission voted 6/2 for approval. He stated that Staff recommends approval. In respcnse to Commissioner Constantine, Mr. Arnold stated that the two negative votes from the CCPC were concerned regarding traffic circulation problems. Comm/sstoner Volpe expressed his reservation regarding the peti- t/on. Page 25 February 22, 1994 Mr. Arnold said that Staff feels that this would generate no traf- fic from users outside the shopping center. In response to Commissioner Volpe, Mr. Arnold explained that there is no current limitation as to how many ktosk's are allowed but there are no parking requirements. In answer to County Manager DorrIll, Pat Gallager, representing the petitioner explained that the unit is a small water treatment facility utilizing County water. In response to Commissioner Norris, Mr. Gallager replied that the sidewalks are generally too narrow to be utilized. Mr. Gallager presented pictures to the Board. Chairman Constantine closed the public hearing. Com~isstoner Volpe loved to deny Petition CU-93-23. The motto~ died for lack of a second. Commissioner Norris loved, seconded by Commissionor Saunders to appro~ Petition CU-9~-23. In response to Commissioner Matthews, Commissioner Volpe explained that the basis for his motion is that currently the Land Development Code leaves Issues unresolved and this petition Is precedent setting. Me noted that there are no parking requirements. are aesthetic Issues that concern him. He said that there In response to Commissioner Volpe, County Attorney Cuyler con- flrmed that this petition requires a super majority vote. Upon call for the question, the motion failed 3/2 (Contsatoners Volp~ ~nd Natthews opposed). · (2o(1) Ite~,13A2 RESOLUTION 94-113 RE PETITION FDPO-94-1, VINCENT DEVOE REQUESTING APPROVAl. OP A 2.27 FOOT VARIANCE FROM THE MINIMUM REQUIRED FLOOD ~-- ELEVATION OF 11 FEET NGVD FOR PROPERTY LOCATED AT 613 SUNSET DRIVE Legal notice having been published in the Naples Daily News on February 6, 1994, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Acting Current Planning Director Mulhere stated that a similar Page 26 February 22, 1994 [variance was approved in 1991. He said that Staff feels that the ~. petition meets all the conditions required, therefore Staff recommends :.approval. In response to Commissioner Norris, Mr. Mulhere confirmed that ~ this petitioner requests a replacement of an older mobile home on an existing pad. Chairman Constantine closed the the public hearing. Co~a~ssioner Norris moved, seconded by Coalsstoner Saunders that Petition FDPO-94-1 be a~r~ed. U~ =a~l for the ~est~on, the ~t~on c~r~ed ~~ly, t~re~ ~ting ~solutton 94-113 Page 27 February 22, 1994 RESOLUTION 94-114 RE PETITION 0SP-93-4, ALAN REYNOLDS OF WILSON, MILLER, BARTON & PEEK, INC., REPRESENTING DEVOE SUNSHIRE BUICK, REQUESTING APPROVAL OF 0FF-SITE PARKING AT SOLANA ROAD AND FOURTEENTH STREET - ADOPTED Legal notice having been published in the Naples Daily News on February 6, 1994, as evidenced by Affidavit of Publication flied with the Clerk, public hearing was opened. In response to Commissioner Constantine, County Attorney Cuyler stated that Item #13A3 and #13A4 may be discussed together but separate motions must be taken. Acting Current Planning Director Mulhere stated that both peti- tions are requests for off-site parking in support of two existing automobile dealerships. He explained that the Land Development Code allows for the subject lots to be separated as long as the intervening right-of-way Is not arterial. Commissioner Volpe expressed his concern that the off-site parking lot does not become a used car lot. Mr. Mulhere reported that the CCPC restricted the lots to employees only In addition to restricting the lighting. In response to Commissioner Norris, Mr. Mulhere confirmed that the off-site lots will be used solely for employees only during opera- riohal hours. Mr. Mulhere commented that Staff is requiring that a 6 foot wall or fence be constructed in addition to enhanced landscape requirements to mitigate the Impact of an employee parking lot. Attorney Bruce Anderson, representing the petitioner, stated that the car dealership employs 130 people. He said In in addition to the generation of sales tax, property taxes for the dealerships amount to $78,000.00. Mr. Alan Reynolds, representing the petitioner, explained that these petitions comply with all the conditions in the Comprehensive Plan. Using exhibits, Mr. Reynolds described the location and pro- posed buffering of the sites. Page 28 Commissioner Volpe asked if the petitioner would consider "constructing a security gate. Mr Reynolds stated that he would speak to the pet~tioner. Mr. Mulhere stated that he has received five telephone calls and ' six letters of opposition concerned with drainage and noise problems. Chairman Constantine closed the public hearing. Mr. Reynolds explained that the petitioner prefers not to install /a security gate. ~ Commissioner Volpe expressed his strong concerns regarding security. CoBmtmsionsr Norris soved, seconded by Commissioner Saunders to approv~ Petition 0SP-93-4 per Staff recommendation. Upon call for the question, the ~ot~on carried 4/1 (Coniseloner Volpe opposed), thereb~ adopting Resolution 94-~I4. Page 29 February 22, 1994 RESOLUTION 94-115 R~ PKTITION 0SP-93-3, ALAN REYNOLDS OF WILSON, MILLER, BARTON & PEEK, INC., REQUESTING APPROVAL OF OFF-SITE PARKING AT SOLANA ROAD AND TENTH STREET - ADOPTED Legal notice having been published in the Naples Daily News on February 6, 1994, as evidenced by Affidavit of Publication f/led with the Clerk, public hearing was opened. This Item was discussed with Petition 0SP-93-4, above. Co~t~etoner Matthews ~oved, seconded by Contestsnet Saunders to ~$p~ovePetttion OSP-93-3 ~r Staff reco~en~t~on. ; Vol~ ~d), t~re~ adopting Resolution 94-115. Page 30 ~ebruary 22, 1994 [:::[~'P~SOT, UTION.94-116 !~ P~ITZOR V-93-35, ROY~ TI~E 0F ~CO, INC., ~~ ~D C. GA~SO, ~Q~STZRG & 0.55 FOOT V~Z~CZ ~0~ ~ ~~ 7.5 ~OT SIDE Y~ SE~ACK T0 6.95 ~T~ A 6.25 FOOT V~I~CE ~ ~ ~QUI~ED 25 FOOT RK~ ~ T0 ~8.75 ~ET ~ A S.25 FOOT V~I~CE ~ ~ 30 FOOT R~ Y~ TO 6.75 ~BT FO~ ~E ~ISTIN~ Z~ ~S~ FO~ ~0PER~ LOCATED AT ~45? ~INIDAD S~EET, ISLES OF C~I - ~D Legal notice having been published ~n the Naples Daily News on February 6, 3994, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Wayne Arnold, Acting Development Services Director, stated that th~s petition is an after the fact variance request. He explained that the residence has been constructed and a Certificate of 0ccupanc¥ was issued in 3976. Chairman Constantine closed the public hearing. Comm/utonerMatth~w~ ~ovad, lecondedb¥Co~tssloner Nortie that ~ =all for the ~eet/on, the ~otlon carrted 5/0, there~ ~t~ ~lutt~ 94-116. Page 31 February 22, 1994 S267) ~/*DIBCO~$ION R~ DEPOSIT RETURN POLICY - NOT DISCUSSED Commissioner Saunders stated that because the County is reacting to new case law concerning this issue it need not be discussed. .14B ~'~:~.COg~JNICATION OF STAFF WITH FCC - STAFF DIRECTED TO COMMUNICATE WITH ~;---:FCC ....... Commissioner Saunders stated that it has been brought to his attention that there has been limited contact between the County and the Federal Communication Commission (FCC). Commissioner Saunders explained that it is imperative that County Manager Dotrill and County Attorney Cu¥1er keep the FCC informed. County Attorney Cuyler concurred with the importance of com- munication and agreed to have his Staff comply with this request in writing. Commissioner Constantine stated that the FCC should be informed of any action taken by the Board of County Commissioners. Commissioner Matthews remarked that governmental agencies should never be ignored. Jack Pointer spoke on the subject. Tape ~3 Commissioner Matthews stated that she will be in the Washington D.C. area and offered to meet with the representatives of the FCC. It wa~ the consensus of the Board of County Commissioners that Commissioner Matthews meet with the representatives of the FCC. (X0a) Ite~#XSC APPO~ TO COLLIER COUNTY PLANNING COMMISSION - TO BE ADDED TO THE Commis~ioner Volpe stated the Collier County Planning Commission has been operating without being fully staffed since January. He requested that the appointment of a member to the CCPC be added to the next meeting agenda. ~i~.r. Page 22 February 22, 1994 (~44). CJkl~ITI'N~ C~.~fi~M~ - $TAYF TO NONZTOR HEARZNG$ ~ I~PORT FINDZNGS TO BCC County Manager Dorrtll remarked that Staff has received CARL's proposed meeting schedule for 1994. He pointed out that last year the Belle Mead area which appeared at the bottom of the CARL list caused concern with the property owners. He asked the Board of County Commissioners if they wish to take a position in this regard? Bill Lorenz, Natural Resources Director, stated that the first meeting will be held on March 9, 1994, and is scheduled for new pro- Jects. He indicated that CARL will vote on the final priority ranking on December ?, ].994. Commissioner Matthews stated that she objects to the property listing. She indicated that the property owners cannot get permits to build or sel! the property. It was the consensus of the Board to direct Staff to monitor the meeting and report their findings to the Board. ~ ~OR.E~HOP DATES - A.M. ME~'-TTNG $CHW'_DULI~..D FOR ~kRCH ].4, 15, 23 AND APRIL 6, 1994 (A.M. AND P.M. MEETING ON MARCH 23, 1994 IF xzczssA y) Michael Smykowskt, Acting Budget Director, requested a schedule for the program budget process. He suggested approximately 17 hours. Commissioner Volpe suggested that Monday and Wednesday would be set aside. He mentioned that all day sessions are very tiring and ~/jshould be avoided, if possible. It was the consensus of the Board that morning sessions will be held on March ].4, 16, 21, 23 and April 6, 1994, and that a double session will be scheduled for March 23, 1994, if necessary. ess C~i~toner Sl~nders ~oved, seconded by Commissioner Volpe and C~TTLed~LBoGs~¥, that the foll~Ang Ate~ ~der the c~t I~ &C~~ OF I~~ S~ ~ OF C~DIT AS ~C~I~ FOR ~C&~&~IOM ~ ~0. ~9-500 FOR & ~ &~ ~ ORC~S~ Page 33 I re'"' #18A2 See Pages February 22, 1994 RESOLUTION 94-88, ACKNOWLEDGING A RESUBDIVISION OF TRACT 28, A PORTION 'OF &PT. EVIOU~LYRECORDED PLAT ENO~NAS GOLDEN GATE ESTATES UNIT NO. 6 SeePages /ol- Item #2~A3 RESOLUTION 94-87, ACKNOWLEDGING A RESUBDIVISION OF TRACT 63, A PORTION OF A PKEYI~Y RECORDED PLAT ~ ~ GOLD~ GATE ESTA~S ~IT NO. 6 SeePages Ite~ #26A4 RESOLUTION 94-88, ACKNO~TLEDGING A ~S~DIVISION OF ~CT 103, A ~~ OF A ~I~SLY ~CO~ED P~T ~ ~ GOLD~ GA~ ESTA~S ~T ~0. ~2 Item #28A5 RESOLUTION 94-89, ACKNOWLEDGING A R~SUBDIVISION OF TRACT 91, A PORTION OF A PREVI~LY RECORDED PLAT KNOWN AS GOLDEN GATE ESTATES UNIT NO. I Item RESOLUTION 94-90, ACKNOWLEDGING A RESUBDIVISION OF TRACT ?9, A PORTION OF A-Pt~q~I~Y RECORDED PLAT KNOWN AS GOLDEN GATE ESTATES UNIT NO. 32 It~#lSA?- See Pages l/P-/// RESOLUTION 94-91, ACKNOWLEDGING A RESUBDIVISION OF TRACT 129, A PORTION OF A PREVIOUSLY RECORDED PLAT KNOWN AS GOLDEN GATE ESTATES UNIT NO. 78 Item 926A8 RESOLUTION 94-92, ACKNOWLEDGING A RESUBDIVISION OF TRACT 11, A PORTION OF A PI~EVIOUSLY RECORDED PLAT KNOWN AS GOLDEN GATE ESTATES UNIT NO. 95 ,ee P.ges Xtem ,28A9l RESOLUTION 94-9S RE ASSESSMENT OF LIEN FOR THE COST OF ABATEMENT OF PUBLIC NUISANCE - C~LX~CE S~VICE~ CASE NO. 30525-029 - ~CO~ See Pages oo Page 34 February 22, :1994 ', "~E$OLUTION 94-94 RE ASSESSMENT OF LI~ FOR ~ COST OF ~~ OF ~IC ~IS~ - C~LI~CE SE~ICES CASE NO. 30322-043 - ~C0~ ~, ~I~INA SA~ ~LLI~ See Pagea !lq- F~ESOLUTI011 94-95 RE ASSESSMENT OF LIEN FOR THE COST OF ABATEMENT OF PUBLIC NUISANCE - COMPLIANCE SERVICES CASE NO. 30608-108 - RECORD :f;.~* Ite~ #16Agd ~~Z~ 9~96 ~ ASSES~ 0F LI~ FOR ~ COST OF ~~ OF -~C ~~ - ~I~CE S~ICgS CASE N0. 30630-065 - ~C0~ Item #16A9e I~OLUT~ON 94-97 ~ ~SES~ OF LI~ ~R ~ COST OF ~~ 0F ~IO-~S~ - C~I~CE S~ICES C~E NO. 30706-059 - ~CORD ~, ~~ F. ~O~O~ CO, ~ Item #16&9f See Pages RESOLUTION 94-98 RE ASSESSMENT OF LIEN FOR THE COST OF ABATEMENT OF PUBLIC NUISANCE - COMPLIANCE SERVICES CASE NO. 30706-069 - RECORD OWNER, JOSE VINCENT HERRERA RESOLUTION 94-99 RE ASSESSMENT OF LIEN FOR THE COST OF AB&TEMENT OF PUBLIC ~I~ISANCE - COKPLIANCE SERVICES CASE N0. 30706-071 - RECORD OMN~, PAVL L. RIDDLEBERGER, JR. Item~16A9b See Pages /c~ q' /30 Iq~SOLUTION 94-100 RE ASSESSMENT OF LIEN FOR THE COST OF ABATEMENT OF PUBLIC*~I~IS~NCE - O09[PLIANCE SERVICES CASE NO. 30713-009 - RECORD OMNER, TRIr~ CAPITAL DEV, INC. Item ~16A9! See Pages RESOLUTION 94-101 RE ASSESSMENT OF LIEN FOR THE COST OF ABATEMENT OF PUBLIC NUISANCE - COMPLIANCE SERVICES CASE NO. 30713-038 - RECORD OWII~R, R K REAL/"/ OF FL, INC. Page 35 February 22, 1994 94-102 ~ ~SES~ OF LI~ ~OR ~ COST O~ ~~ OF ~~ - C~Z~ S~ZCES CASE N0, 307~9-060 - ~CO~ ~ S. DA~DSON ~ LISA A, DAVIDSON Zten~16A9k See Pages RESOLUTION 94-103 RE ASSESSMENT OF LIEN FOR THE COST OF ABATEMENT OF PUBLIC*NUISANCE - COMPLIANCE SERVICES CASE NO. 30726-003 - RECORD ONNEIt~ JOHN T. AGNELLO AND DOLORES P. AGNELLO Item #16A91 RESOLUTION 94-104 P~ ASSESSMENT OF LIEN FOR THE COST OF ABATEMENT OF PUBLIC NUISANCE - COMPLIANCE SERVICES CASE NO. 30730-012 - RECORD O~4NE~, NCNB NATIONA~ BANK OF FL Ite~,16A91 RESOLUTIOII. 94-I05 RE ASSESSMENT OF LIEN FOR THE COST OF ABATEMENT OF PUBLIC NUISAncE - COMPLIANCE SERVICES CASE NO. 30803-016 - RECORD OW~K~,- JAM~S CLARE ET AL RESOLUTION 94-106 RE ASSESSMENT OF LIEN FOR THE COST OF ABATEMENT OF --PUBLIC,NUISANCE - COMPLIANCE SERVICES CASE NO. 30803-0?6 - RECORD -O~NE~t, ~M~G PROPERTIES, INC. Item RESOLUTION 94-107 RE ASSESSMENT OF LIEN FOR THE COST OF ABATEMENT OF PUBLIC NUISANCE - COMPLIANCE SERVICES CASE NO. 30803-0?? - RECORD OWNKIt, NUTMEG PROPERTIES, INC. Item ~16A10 ACCEPTANCE OF WATER FACILITIES FOR PELICAN MARSH MAINTENANCE FACILIT~ - ~ITH THE STIPULATIONS AS LISTED IN THE EXECUTIVE SUMMARY Ite~ ~36All ACCEPTANCE OF NATER FACILITIES FOR GULF BREEZE AT VANDERBILT - WI~ ~ ~I~TIO~ ~ LISTED IN ~ ~I~ S~Y KECOKDED IN O~ BOOK J932 PAGES 692 Page 36 See Pages February 22, 1994 Item ~16&13 MAIV~R-OF ~ APPLICATION F~E FOR A RIGHT-OF-WAY PERMIT FOR JANES SCENIC DRIV~ IN COPELAND Item -~16D1 ~;~-~~*F~ILI~ - ANTED TO H.C. W~, INC. IN ~ ~ OF Item #16D2 - Conttm2ed to March 1, 1994 Meettrig ] ]E ~~ B] COLLIER COUNTY AND NARSTEN/THG MODULAR LEASING CORPORATION FOR THE CONTINUED uSE OF A MODULAR OFFICE LOCATED AT 419 IORTN STREET, IYg~OKALEE, FLORIDA, BY THE HEALT~ AND REHA~ILITATIVE SERVICES OF THE COLLIER COUNTY PUBLIC HEALTH UNIT Item #16E2 - Deleted Item #16E3 BUDGET AM~]IDI~ENT RECOGNIZING ADDITIONAL C~Y F0~ FOR A~O~D Item RP~3LOTXOI-94-109 AUTHORIZING THE EXECUTION AND ACCEPTANCE OF AN A~ ~ TH~ STATE OF FLORIDA DEPARTMENT OF C0911UNITY AFFAIRS JLRDCOLLIERCOUITY FOR EMERGENCY MANAGEMENT ASSISTANCE FOR FY 94 IN THE ~ OF ~2,968.00 See Pages /5F'~' /&? Item ,16G1 BID 93-2125 FOR ANALYTICAL LABORATORY SERVICES AWARDED TO CHKM IIC. &S PRINANY VENDOR AND Ig&, INC. AN SKCORDARY VENDOR Item#16H1 A~MITH MUTUAL FUNDING REALTY OF FLORIDA, INC. FOR REIM~IFR~3~ENT OF COSTS FOR ACCESS IMPROVEMENTS TO DONOVAN CENTER PLANNED UNIT DEVELOPMENT (PUD) IN THE AMOUNT OF $17,944.58 See Pages 93' Page 37 Itml#1614 -- I~let~d CONTT.~-f~ FOR TOURIST DEVELOPMENT TAX FUNDING WITH THE NAPLES AREA Cl~tJ~BER OF CO!~ERCE, INC. IN THE AMOUNT OF $62,000.00 See ~.ge. f':F'2--- J/5' CORRESPONDENCE -FIr. ED AND/OR REFERRED The following miscellaneous correspondence was flied and or referred as presented by the Board of County Commissioners: Page 38 February 22, FOR s ,ICES IC Dn, 1994 EXECUTION OF SATISFACTION OF LIEN DOCUMENTS K~SOLUTION 94--110 1~ SATISFACTION OF LIENS FOR CERTAIN RESIDENTIAL ~ ~H~R~IN THE COUNTY HAS RECEIVED PAYMENT IN ~]LL FOR THE 1991 SOLID NAST~ COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 12:25 P.M. as p~ BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING ~0ARD(S} OF SPECIAL DIS~RICTS UNDER ITS · .~ , pproved by the Board on or as corrected ' Page 39