BCC Minutes 07/25/1989 R Naples, Florida, July 25, ~989
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 R~GULAR SESSION in Building
"F" of the Government Complex, East Naples, Florida, with the
following members present:
CHAIRMAN:
VICE-CHAIRMAN:
ABSENT:
Burr L. Saunders
Max A. Hasse, Jr.
Richard S. Shanahan
Mlchael J. Volpe
Anne Goodnight
ALSO PRESENT: James C. Giles, Clerk; 3ohn ¥onkosky, Finance
Director; Maureen Kenyon, Ellie Hoffman, and Annaliese Kraft, Deputy
Clerks; Neil Dorrlll, County Manager; Brian MacKenzie, Assistant tc
the County Manager; Tom 0]lJff, Assistant to the County Manager; Ken
Cuyler, County Attorney; Leo Ochs, Adminlstrative Services
Administrator; Kevin O'Donne]l, Public Services Administrator; George
Archibald, Transportation Services Administrator; Frank Brutt,
Community Development Administrator; 3ames Reardon, Emergency Services
Administrator; Mike Arnold, Utilities Administrator; William Lorenz,
Environmental Services Administrator; Ron Ntno, Ray Bellows, Ron Lee,
and Sam Saadeh, Planners; 3ames Butch, Environmental Specialist;
William Laverty, Gr{)wth Management Planner; Nancv Israelson,
Administrative Assistant to the Board; and Deputy Tom Storrar,
Sheriff's Office.
Page
JULY 25, 1989
Tape
Item
AGE~DA - APPROVED..WI~H CHANGES
Co~isstoner Shanahan moved, seconded by Commissioner Raeee mhd
carried 4/0, that the agenda be approved with the fol3owtng changes:
1. Item 5A service award for William Hudepohl - continued to
August 1, 1989.
2. Item 8A Reconsiderat]on of Petition PDA-89-3 - continued ts
August 15, 1989.
3. Item 14E6 moved to Item 9E2 re reclassifying and retitling a
vacant budgeted position in the Administrative Services
Dlvlsion. (Commissioner Saunders)
4. Item 14E8 moved to Item 9E3 re establishing two new pay plan
titles. (Commissioner Saunders)
5. Item 14A4 re recording of final plat for Crown Polnte East.
Moved to 9A3. (County Attorney Cuyler)
6. Item 10A re Agreement with Imperial Plaza Associates to be
heard at ]1:30 A.M.
Item ,4
MINUTES OF SPECIAL MEETING OF JULY 6f 1989 - AppRgvED AS
Commissioner Hasse moved, seconded by Commissioner Volpe and
carrIed 4/0, that the mlnute~ of the Special Meeting of July 6, 1989,
be approved as presented.
Item ,~A
__R~/~PLOYEE SERVICE AWARDS - PRESENTED
Commissioner Saunders presented the fo?.lowlng employees with ser-
vlce awards and pins for their years of service:
William Kysar, Compliance Services - 5 years
Maralyn Babcock, Main Library - 15 years
Harvey Seibert, Road & Bridge - 5 years
William Hudepohl, Road & Bridge - 10 years - Continued to 8/1/89
Item
PP-~SENTATION OF C~KCK IN THE AMOUNT OF $4,330 BY WASTE MANAGgI(gNT
CORPORATION FOR THE RECYCLING PROGRAM AND PROCLAMATION DESIGNATING
W~EK OF JULY 30 AS RBCYCLING APPRECIATION WEEK. STAFF AND WASTE
M3kNAGKMENT TO REPORT BACK TO THE BCC WITH REGARDS TO COntINUING AND
EXPANDING THE PILOT RECYCLIHG PROGRAM
Mr. Klm Egelseer, representin~ Waste Management, stated that the
pilot recyclin~ program has been in effect since May 1, 1989, noting!
ti~at the program has been very successful. He stated that the
Page 2
JULY 25, 1989
s~t-out rate for the bins that have been delivered is about 60% with
participation estimated at about 75%. He stated that in two months,
221,660 pounds of newsprint equates to almost 2,000 trees being saved
by recycling the paper. He indicated that they have collected
approximately 15,000 pounds of clear glass and 5,833 pounds of alumi-
num cans which amounts to a total of 12] tons of material. He stated
that with regards to the 121 tons of material that was collected, it
was promised that this revenue would be turned over to the County and
mt this point, presented the Board with a check for $4,330, which is
for the newsprint and the aluminum, add]ng that the glass is still
bein~ accumulated.
Commissioner Saunders stated that the arrangement that the County
had with Waste Management in reference to this pilot recycling program
was that funds generated from the initial program would be used by the
County for park improvements or some type of facility that would serve
the people of the community. He thanked Waste Management for the
check.
Commissioner Saunders stated that the program has been very suc-
cessful and it ts an indication that recycling has come for Collier
County and the citizens are willing to support it. He stated that he
would like to see this program expanded to include more households and
recycling of office paper. He stated that Collier County Government
Complex could be one of the first places to start. He noted that the
County Manager and Mr. Egelseer cculd discuss this matter to determine
how this could occur. He indicated that with regards to long-term, he
would like to see this program expanded to a county-wide program. He
noted that in the future, there should be consideration with regard~
to a recycling facility.
Commissioner Shanahan stated that he agrees with Commissioner
Saunders and something must be done before the program ends.
Commissioner Saunders stated that it may be appropriate to have
the County Manager meet with Waste Management and at least talk about
Page 3
JULY 25, 1989
how the current prcgram can be continued and what should be done to
expand it to make tt a permanent program.
Commissioner Hasse stated that he agrees with Commissioner
Saunders and this program should be expanded.
Commissioner Saunders stated that In addition to the check, the
County also saved about $2,000 in tipping fees at the landfill.
Commissioner Volpe questioned if there was any conclusion reached
with regards to the three-bin system versus the one-bin system, to
which Mr. Egelseer ~tated that he has found the one bin system suc-
cessful from an operating standpoint. He noted that it has been a
clean operation and efficient and he would suggest that the single-bin
system be continued.
Co'%.missioner Volpe questioned if he would provide the Board with
h!s analysis and conclusion regarding the type of program that should
be pursued, to which Mr. Egelseer replied affirmatively.
Commissioner Saunders stated that it would be appropriate for the
County Manager to talk with Mr. Egelseer regarding expanding and con-
tinuing the recyc]trlg pr.~gram. He indicated that he would like a
report back on this matter. This was the general consensus.
County Manager Dorrill stated that the employees are interested in
this p~ogram and would be willing to collect computer paper and alu~i-
hum cans from the vending machine.
Mr. Egelseer p~esented a p¥oc]amatJon to the Commissioners
designating the week of July 31, 1989, as Recycling Appreciation Week
and also presented pairs of gloves and an invitation to the
Commissioners for a hands-on experience in the curbside recycling
program during the same week. He noted that the proclamation and
invitation were prin~ed on recycled paper.
Item ~6B1
PETITION Z0-89-14, GROWTH PLANNING DEPARTMENT, REQUESTING AN AMeNDmeNT
TO COLLIER COUNTY ZONING ORDINANCE 82-2, REGARDING ON-SITE TRAFFIC
FLOW AND VEHICLE PARKING NEEDS - CONTINUED TO AUGUST 15, 1989
Legal notice hav.ing been published in the Naples Dally News on
July 6, 1989, as evidenced by Affidavit of Publication filed with the
Page 4
JULY 25, 1989
Clerk, public hearing was opened to consider Petition ZO-89-14 filed
by the Growth Planning Department, requesting an amendment to
County Zonin~ Ordinance 82-2, Section 7.18 C.8., required internal
park street system for mobile home rental parks; Section 7.19 c.9.,
required internal park street system for travel trailer recreational
vehicle park campgrounds; Section 8.6, buildings to have access; and
Section 8.12 D.3, off street parking: Location.
Planner Lee stated that this item is designed to implement the
Growth Management Plan which was adopted tn 3anua~y, 1989. He stated
that the [,and Development Regulations are mandated by the Growth
Planning Act of 1985 and the policies outlined in the Growth
Management Plan. He stated that the purpose of his presentation is to
review the proposed amendments to the ZoninG Ordinance and the Sub-
dtv~st~3n Regulations to ensure safe and convenient c:.-slte traffic
flow and vehicle parking as required by Policy 3.If of the Future Land
Use Element. He stated that the policy requires that safe convenient
on-site traffic flow and vehicle parking needs be met through strict
enforcement of the zoninG ordinance and development of detail site
planning and design standards including the following; access require-
ments from roadways, lighting, surfacing materials, locatiunal
requirements relative to the parcel they serve, and landscapinG and
buffering crite~ia. He indicated that the development standards
outlined in the backup material meet the requirements of the policy,
however, minor amendments have been proposed which are ~n the backup
material. He indicated that the existing zoning ordinance meets the
requirements of the po]icy and the Future Land Use Element and the
amendments are minor in nature. He stated that Staff is recommending
that this petition be approved.
Commissioner Saunders stated that with regards to Page 2, Sect~:n
4, which is an amendment to Section 8.12 d.3, off street parking'
stated that it Indicates that the parking must be on a lot or parce!
in the same ownership and with the same zoning as the parcel on which
Page 5
JULY 25, 1989
the principal structure Is located. He stated that a petition was
recently approved for Catholic Social Services in Golden Gate and the
parkinG was on a lot that does not have the same zoninG classification
as the principal structure and questioned if this would apply to that
structure or would it be Grandfathered in as the Board already
approved it? County Attorney Cuyler stated that the Board could state
that this ordinance will apply to the future and not be retroactive to
prior approvals.
Commissioner Volpe questioned if this section helps to clarify
such matters a:3 Commisslo~er Saunders was discussing, to which Planner
Lee replied affirmatively.
Community Development Administrator Brutt stated that last week he
was qu-3tionlng If the Board was looking at a decision specific only
to the church tn relation to that zone or was it Going to be a blanket
change to the zoninG ordinance, adding that his recommendation was
that the Board Give this ~,erious action.
Attorney T)onald P]ckworth stated that if this action does not
apply to the action that was taken last week and the Catholic Social
Services are Grandfathered in, then that resolves that problem. He
stated that if the same situation comes up in the future, there would
be no discretion from the Board. He indicated that he does not
believe that this Is the best way to handle the situation.
Commissioner Saunders stated that there are churches in the com-
munity that tend to be in residential areas and they are constantly
acquiring property around the church in order to expand and this would
prevent that from happening.
County Attorney Cuyle~ stated that there are only a ~ew way9 to
handle the matter: either prohibit it, allow it with conditions, allow
it outright, or allow it as a provisional use. He stated that in the
future, the Board may want to discuss changing this to a provisional
use as opposed to a proLJbition, adding that he would suggest that
this be approved at this t~me and then Staff can come back with an
Page 6
JULY 25, 1989
amendment as a provisional use.
Commissioner Saunders stated that he would suggest that Staff lo0k
at this matter and come back with it in a week or two.
G~owth Management Planner Laverty stated that what they envisioned
was to bring a regulation before the BCC that would meet the specific
language in the Plan, noting that if there lsa problem with the pro-
visional use aspect, the appropriate vehicle may be to do tkis after
Icard Merrill has completed their work. He stated that he would like
the Board to act on this today to bring the County into conformance
with the August 1, 1989, deadline. He noted that there would also be
a vehicle in the un/fled zoning code to make the change.
County Attorney Cuyler stated ~hat if this is going to be changed
to a P..~visional use, his office will have to be involved and this
will take some time.
Mr. Plckworth stated that if this language ]s deleted at this
time, it would not be an uncontrolled situation. He noted that it
could be deal~ with separately.
Commissioner Volpe stated that he would suggest that this matte~
be handled after the Land Development Regulations are returned
to the County, adding that he would not suggest that this language be
deleted.
Commissioner Saunders stated that this matter takes a fou~-fifth~
vote and there are only four Commissioners present this date, there-
fore it will be denied because he cannot vote in favor of this amend--
ment the way Jt is.
County Attorney Cuy]e. stated that under those circumstances,
Staff would lJ~e tc see this matter continued.
Go~issioner Saunde~.s moved, seconded by Comm~ssioner ~asse and
carried 4/0, ~hat Petition Z0-89-14 he continued to August 15, 1989,
for Staff to came back with recommendations on this matter.
ORDINANCE 89-47 RE PETITION SDO-89-3, GROWTH PLANNING DEPARTMENT, ~{
AN AMeNDMeNT TO COLLIER COUNTY ORDINANCE 76-6 (SUBDIVISION
R~GULATIONSI. ARTICLES X AND XI - ADOPTED WITH CHANGES
Page 7
JULY 25, 1989
Legal notice havlnG been published tn the Naples Daily News on
July 6, 1989, as evidenced by Affidavit of Publication flied with the
Clerk, public hearing was opened to consider Petition SDO-89-3 filed
by the Growth Plannlng Department.
Planner Lee stated that these are minor changes with regards to
Subdivision Regulations and to also implement Policy 3.1f as mandatefl
by the Future Land Use EJement.
Commissioner Volpe questioned why the reference to residential
with regards to alley was deleted, to which Planner Lee stated that
alleys in residential areas are now optional.
Commissioner Volpe referred to Article X and questioned what the
last few sent~nces mean, to which Planner Lee stated that this is
additional language to ensure compliance with the concurrency require-
ments.
Attorney Ptckworth stated that on Page 3 of the ordinance where Jt
state~, "Access to lots within a land development or subdivision" the
words "land development or" should be eliminated because this is an
amendment to the Subdivision Regulations which are applicable to sub--
divisions. He stated that he does not know what a ]and development
ts, but he has a concern whether this ordinance would e~en cover lt.
County Attorney Cuyler stated that he does not have a~ny problem
with ~lr. Plckworth's suggestion.
Knute Hartman, Engineer for Wilson, Miller, Barton, Soll& Peek,
Inc., stated that he has a problem with the language on Page 3 in the
second paragraph, noting lhat he does not understand the meaning of
some of the phrases. He referred to the second sentence, noting that
this type of thing was tried in Lee County and it failed becaus~ they
had a lot of access roads that did not connect to anything.
Planner Nlno stated that Staff is restricting access from each and
every development, adding that this is a further attempt to allow the
County to look a~ sl 'uations where access is a problem and to require
at the time of platting, the provision of service drives. He stated
Page 8
JULY 25, 1989
that he hopes that the Board will agree with this matter.
Commissioner Volpe stated that .it ts belnG considered mandatory
instead of discretionary and lie would think that there should be
flexibility there.
Planner Nlno stated that he does not have a problem with allowing
this item to be discretionary.
Commissioner Saunders stated that the word "shall" should be
changed to ~'may be provided after review".
Mr. Hartman referred to the third sentence in that same paragraph
and qu~stlone¢! the meaning, to which Planner Nino stated that Staff is
concerned that major access points to developments not be located
closer than 330 feet from the intersection. He noted that this is no~
an unusual requirement. He noted that the 660 foot spacing ~s
currently in the Subdiv~sion Regulations with respect to the tntercon-
nectlon of collector roads or major arterial roads. He stated that
he feels that it is appropriate for driveways as well.
Commiss]on~r Saunders stat{~d that it would make more sense If
there was a period after "right-of-way lines" and then capitalize
"Intermittent".
Planner Nlno stated that Staff is optinG for service dr~ves and
there Is no intent to limit the spacing of driveways on a service
drive as there ]s no reason for that. He Indicated that the access
point spacings are meant for driveways that connect to an arterial
road.
County Attorney Cuyler stated that he agrees with Staff on th~s
matter and does not have a problem with the sentence.
Mr. Hartman stated that the last sentence in this paragraph
contradicts the first sentence. Planner Nino stated that if the~e
is a problem with the last sentence, he would encourage the Board to
delete it.
Transportation Services Administrator Archibald indicated that the
confusion is between the location of the roadways, notin~ that in the
Page 9
JULY 25, 1989
first part of this section it ts being discussed where the marginal
roadways can connect to collector roadways, adding that the first con-
nection can be no less than 330 feet from the intersection and all
future road locations will be 660 feet. He stated that the last part
of the section has to do with access to the marginal road or access
from an intersecting point. He stated that these are two separate
items of discussion. He stated that he would recommend that the last
sentence be left In this section.
County Attorney Cuyler stated that with regard to the last two
sentences he would suggest that it ~hculd read; "When double frontage
lots are created adjacent to a collector or arterial street and a
local street, they shall front on the local street whJch shall provide
access to said lot. Access to the lot shall not be provided by means
of the collector or arterial street." He noted that he also Just
spo[:e with Mr. MadaJewski who prepared this ordinance and he does not
have a problem with the Board deleting the last sentence of this
paragraph if they so choose.
Coutssioner Hasse moved, seconded by Commissioner Shanahan and
carried 4/0, that the public hearing be closed.
Commissioner Saunders noted that there are five changes to thls
ordinance, noting that on Page 3, the first line where it says
"access", it shall read "access to lots withln a subdivlsion", the
next paragraph, line 6, the word "shall" is changed to "may", line 11
in that same paragraph, there should be a perlod after "right-of-way
lines" and then "intermittent" should be capitalized, line 17 should
read "arterial street, and a local street, they shall front on the
local street," line 18 after the word "Access" it should read "to the
lot shall not be provided"
Conlssioner Shanahan moved, seconded by Commissioner Hasse and
carried 4/0, that the Ordinance as numbered and titled below adopted
and entered into Ordtn~mce Book No. 36 subject to the above referenced
changes:
Page 10
JULY 25, 1989
ORDINANCE 89-47
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 76-6, AS
AMENDED, THE "COLLIER COUNTY SUBDIVISION REGULATIONS", FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY BY AMENDING ARTICLE X,
REQUIRED IMPROVEMENTS; AMENDING ARTICLE X SECTION 1, ACCESS TO
PUBLIC ROADS; AMENDING ARTICLE X SECTION 2, ALI,EYS; AMENDING
ARTICLE XI SECTICN 1, ACCESS; AMENDING ARTICLE XI SECTION 2,
ALLEYS; AND PROVIDING AN EFFECTIVE DATE.
Items #6B3, 6B&, 6B5, & 6B6
~ROWTH MANAGEMENT PLAN AMENDMENTS FOR ITEMS 6B3, 6B4, & 6B5 -
~ONTINUED TO AUG. 1t 1~89, AND ITEM 6B6 - CONTINUED TO AUG. 22, 1989
Co~alasioner Hasoe moved, seconded by Commissioner Shanahan and
carried 4/0, that Items #6B3, ~6B4, and #6B5 be continued to ~.ugust 1,
1989, and Item #6B6 be continued to August 22, 1989.
Item #6C1
RESOLUTION 89-177 RE P~TITION AV-88-032, HOLLAND SALLEY, REQUESTING
VACATI'~ OF FIFTEEN FOOT REAR EASEMENTS ON LOTS 5-9 BLOCK A NAPLES
COM~_R_CIAL CENTER - ADOPTED ' '
Legal notice having been published in the Naples Daily News on
July 9 and July 16, 1989, a~ evidenced by Affidavit of Publication
filed with the Clerk, public hearing was opened to consider Petition
AV-88-032 filed by Holland Salley, requesting vacation of the fifteen
foot rear easements on Lots 5-9, Block A, Naples Commercial Centex', so
petitioner can build across easement.
Transportation Seruices Administrator Archibald stated that the
property has frontage on Linwood Avenue. He noted that this easement
has never been put In use by Collier County for drainage purposes,
adding that there is a possibility in the future that there may be a
need for it and as a result in considering this petition, Staff has
received from the property owner two replacement easements that would
run along the west side of Lot 5 and the east side of Lot 9. He noted
that Staff has reviewed the petition and has no objection of recom-
mending approval of the proposed vacation based on the replacement ,Df
those easements. He noted that all of thls property is zoned C-5 and
the reason for the request is for the land owner to develop an office
building adjacent to an existing warehouse building and then connect
them. He noted that the appropriate "Letters of No Objection" have
Page 11
JULY 25, 1989
been received and a re,slutish has been prepared and reviewed by the
County Attorney's office.
Commissioner Hasse stated that this area is prone to flooding and
he hopes that this has been addressed, to which Transportation
Services Administrator Archibald stated that the building to the north
has been subject to flooding during heavy rainfall, but this develop-
ment will not solve that problem. He noted that they do however, meet
ail the requirements, and there are provisions for easements so thai:
tile water can be directed along existing property lines to Ltnwood
Avenue.
Commissioner Volpe questioned why only a five foot easement ts
being requested, to which Mr. Archibald stated that this will serve
the Co%,nty's purpose In this location, adding that the plan for on-
site retention will be adjacent to the five foot easement. He noted
that the overflow wiJl use the five foot easement and if an adjacent
owner wishes to use that easement, it would be available to them. He
l~]dtcated that any runoff that ts directed along that existing ease-
ment would have to be directed south because the outfall for that par-
ttcular area is Llnwood Avenue. }{e indicated that if an adjacent
property owner would develop his property to a larger degree, he would
be asked to provide an easement on his side of the lot line which
would also be a five foot easement.
Co~iastoner Sh~ahan moved, seconded by Commissioner Hassm and
carried 4/0, that the public hearing be closed.
Co~misstoner Shanahan moved, seconded by Commissioner Hasse and
carried 4/0, that Re-slutish 89-17~ re Petition AV-88-032, be adopted.
Page 12
JULY 25, 1989
Item #6C2
ORDIN~NCl 89-48 AMENDING ORDINANCE 83-25 BY ADDING AN ADDITIONAL
DKFKRRED COMPENSATION PLAN TRUST - ADOPTED
Legal notice having been published In the Nap]es Dally News on
July 6, 1989, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened to consider a proposed ordinance
amending Ordinance 83-25 by adding an additional deferred compensation
plan trust.
Adminlstrative Services Administrator Ochs stated that this is a
recommendation to make available a second deferred compensation
program for County employees. He indicated that this wi/] cost $2~0
per year for administrative costs.
Commissioner Saunders stated that this is simply another way for
employees to defer compensatlon.
Coutmstoner Shanahan moved, seconded by Commissioner Hmsse and
carried 4/0, that the public hearing be clo=ed.
Commissioner Shanahan moved, seconded by Commissioner Hasse ar~4
carried 4/0, that the Ordinance as numbered and titled below be
mdoDted al~d entered into Ordinance Book No. 36:
ORDINANCE 89-48
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 83-25 BY ADDING
THE INTERNATIONAL CITY MANAGEMENT ASSOCIATION RETIREMENT
CORPORATION PROGRAM AS A DEFERRED COMPENSATION PROGRAM FOR COUNTY
EMPLOYEES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING AN
EFFECTIVE DATE.
Item ,6C3
I~30LUTION 89-178 RE PETITION AV-89-013, ARTHUR L. ALLEI! AS OWI~R OF
LOTS 1-5 REQUESTING VACATION OF A PORTION OF THE THIRTY FOOT ROAD
KNO%~NAS BONI_____TO AVENUE - ~DOPTED
Legal notice having been published in the Naples Dally News on
July 9 and 3u]y 16, 1989, as evidenced by Affidavit of Publication
filed with the Clerk, public hearing was opened to consider Petition
AV-89-013 filed by Arthur L. Allen as owner of Lots 1-5 requesting
vacation of a portion of the thirty foot road known as Bonito Avenue
so petitioner can consolidate property.
Transportation Services Administrator Archibald stated that this
Page !3
JULY 25, 1989
Item ts to consider a request for a vacat]on of 30 feet of the
exlst~ng 60 foot right-of-way at the very south end of Isle of Cai,ri.
He stated that specific location is on Bonito Avenue which ts a
platted roadway as part of the Isle of Capr~ development. He not,id
that the roadway is 60 feet tn width and has never been built and is
only used for access to an existing single-family home on Lot 1 o.f the
plat for Isle of Capri. He indicated that there are three lots in
this area that are owned by the petitioner, adding that Staff has
reviewed the proposal and has no objection to the vacation recogn.[zing
that the roadway has no future use and that the southern segement of
the roadway has already been vacated. He indlcated that the prop(~rty
owner is asking to have this vacated to increase the slze of his land
holdlnQ,, noting that the zoning on the property is RSF-4, which will
not l;lcrease the density of that property. He ind~cated that the
zoning :~est of Bonito Avenue is RMF-16 and along that property the 30
foot right-of-way would remain, so that if an alleyway ]s ever needed
In the future that road right-of-way could be used for that purpose
and would remain available fo~ the property owner of Lot 1. He noted
that "Letters of No Objection" have been received from the pertinent
ut]l~ty companies subject to a relmbursaab]e agreement and Staff has
no ob3ection based upon any future use that he foresees.
Co~lsstoner Shanahan moved, seconded by Co~missioner Hasse and
carried 4/0, that the public hearing be closed.
Co~missioner Shan~an moved, seconded by Commissioner Hasse and
carried 4/0, that Resolution 89-178 re Petition AV-89-013 be adopted.
Pa~e 14
JULY 25, 1989
Item #6C4
BUDOET AM~I~)M~NT RESOLUTION 89-18, 89-19, 89-20, AND 89-21 APPROVING
,AMENI)I~ENTS TO THE FISCAL YEAR 1968-89 ADOPTED BUDGET - ADOPTED
Legal notice havlng been published in the Naples Daily News on
July 23, 1989, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened to consider approving amendments to
the Fiscal Year 1988-89 adopted budget.
Finance Director Yonkosky stated that this item deals with the
manner that Chapter 129.O6 requires the BCC to amend its annual
budget, adding that whenever there is an increase in total
app~oprlatlons of a fund over the annual budget that was adopted by
the Board at the beginning of the year, resolutions have to be adopted
after an advertised public hearing. He noted that these proposed
reso.l~:tlona include carry forward, transfers, and supplemental revenue
that has come in, adding that this is the third quarterly budget
amendment hearing. He reported that the last Executive Summary and
the budget amendment tn the backup material that deals with
appropriating supplemental revenues and a contribution from a prtwlte
source has not been previously before the Board. He indicated tha'~
he ts requesting that the Board adopt the four budget amendment
lutlons.
Co~tesioner Shanmh~ moved, seconded by Commissioner Haase and
caf'rind 4/0, that thz public hearing be closed.
Co~iseioner Haeee moved, seconded by Co~iseloner Shmnahmn mhd
c~Tried 4/0, that Budget Amendment Resolutions 89-18, 89-19, 89-20,
m_~d 89-21 b~ adopted.
Commissioner Volpe questioned the current status of the Old Ma~co
Branch Library which is Fund 307, to which Commissioner Shanahan
stated that Tax Collector Carlton is putting a branch office in one-
half of the library and there is interest being expressed for the
other half of the library.
Page 15
JULY 25, 198!7
ORDINANCE 89-49 AMENDING COLLIER COUNTY ORDINANCE g2-2 BY AMENDING
SECTION 7.27 PLANNED UNIT DEVELOPMENT BY PROVIDING FOH HABITAT
IDENTIFICATION - ADOPTED WITH CHANGES
Legal notice having been published tn ~he Naples Daily News on
3uly 6, 1989, as evidenced by Affidavit of Publication filed with ~he
CJerk, public hearing was opened to consider a proposed ordinance
amending Collier County Ordinance 82-2, as am(:nded, the Comprehensive
Zoning Regulations for the unincorporated area of Collier County bl~
amending Section 7.27, Planned Unit Development, by providing for habi-
tat identification; by providing for removal ,f exotic species; by
providing for a program to prevent reinvasicn of exotic species; by
providing a requirement to obtain a tree removal permit prior to l~nd
clear!.ng; by providing a requirement to preserve an appropriate amount
of native habitat; by requiring for a protected species survey.
Chief Environmental Specialist Butch stated that the Comprehensive
Growth Management Plan coutains several requirements for the County to
adopt Land Development Regulations and the implementation of these
regulations will be necessary for the County to be in compliance with
its own Comprehensive Plan and the requirements of F/or]da Statute
163.3202. He stated that his strategy is to use the language of the
Comprehensive Plan wherever possible for these regulations and to use
standard environmental stipulations that have been applied for some
time through the development review procesc He stated that he ha~;
also proposed that many of these requirements be applied to several
existing ordinances so that application of these requirements can be
consistent throughout the permitting procedure. He stated that the
application of these regulations will give the County interim criteria
for developments and developments with environmental constderatton~].
He stated that as interim criteria, these regulations are not intended
to be highly specific or vastly encompassing criteria, adding that
there are several policies within the Comprehensive Plan that requires
Staff to return to the Board with more specific requirements for land
Page 16
JULY 25, l~89
development and environmental concerns in the future. He indicated
that these amendments have been unanimously approved by the CCPC on
3uly 6, 1989, with provisions for some minor changes in the amend-
ments. He stated that the amendments reflect these revis~ons, ncting
that the County Attorney's office has reviewed and approved each of
these revisions.
Commissioner Hasse questioned who provides the aerial survey that
is mentioned in one of the amendments, to which Mr. Butch stated that
th~ County has aerial surveys available, noting that there is a
requirement for a certain scale of aerial photographs. He state,! %hat
he. has recently been informed that the County does not have 1" to 200'
scale for all of the County and there should be something added to
limit this scale to whenever ]t]s commercially available.
C¢;mmls$1oner Saunders stated that it appears that Staff is
sugge~ting that a petitioner could purchase the 1" to 200' scale from
the County whenever it is available, and if it is not available ~ 1"
to 400" ~cale would suffice.
Co~missioner Saunders stated that Section One, Page 2, Item 3, the
next to the last sentence should read "Habitat identification will be
consistent w~th the Florida Department of Transportation Flor~da Land
Use Cover and Forms Classification System and shall be depicted on an
aerial photograph having a scale on one inch equal to at least 200
feet whenever available from the County anQ if it is n¢,t available, a
one inch equal to at least 400 feet wi/] suffice.
Mr. Butch stated that Staff ]s asklng that these aerials be
puI'chased from the County if the 1" to 200' Is available and if they
are not then they can purchase the 1" to 400' from the County.
Attorney Donald Pickworth stated that hJs only problem is a matter
of drafting on the bottom of Page 2, where it says that a site
clearing plan shall be submitted to the Development Services D~v~s]on
for their revlew, noting that ]t ts better to identify a specific
d~vtsion title lfke the director or whoever ]s the app~ovJng
Page
JULY 25, 198')
authority.
Commtssloner Saunders stated that In place of Development Services
Division It could state Development Services Director or his designee.
Mr. David Land stated that he would like to address Page 4,
regarding the agricultural amendment at the top. He noted that the
last sentence of the paragraph does not make any sense. He stated
that Mr. Butch came up with a proposed amendment to correct
matter, but he is proposing an amendment to that amendment, which
woul,t read: "For any such conversion in less than ten years, the con-
vetted land will be restored with native vegetation to the degree
req,lired by County ordinances in effect at the time the clearing
occurr.ed."
Mr. Glen Simpson stated that he is a member of the agricultural
commllntt¥ and he is tn favor of the proposed amendment by Mr. Land.
Mr. Fran Stallings, representing the Conservancy, stated that the
Conversanry does request a logical and needed clarification.
Attorney George Varnadoe referred to Page 3, Section 3, Paragraph
2 under that section, noting that in tNe second line it indicates
Coastal Area and on the Future Land Use Map it is identified as
Coastal Management Area, noting that they should be consistent. He
noted that the paragraph talks about the coastal management area which
is west of U.S. 41 and the reason for the other undefined term of
coastal urban area was to differentiate that from the various outlying
urban areas that there are in the County like Immokalee and
Everglades City. He noted that this paragraph was aimed at the
greater area on the coast and not at the outlying areas. He stated
that it is simply an undefined term in the Future Land Use Element.
Tape #2
County Attorney Cuyler stated that this could be taken care of
during the amendment process.
Growth Management Planner Laverty stated that this definition ts
in the general requirement section of the adoption notebook which is
Page ~8
JULY 25, 3989
part of the adopted ~,lan. Commissioner Saunders stated that the
paragraph tn question should refer to that notebook.
Attorney Varnadoe referred to the last sentence of the paragraph
at the top of Page 3, noting that this is dealing with an approved PUD
and retaining any vegetation consistent with the approved PUD. He
stated that verificatfon is needed to show that the County is not in a
vacuum that will require the maximum amount of native vegetation
possible, but in a manner consistent with the approved PUD. He stated
that mfter the word possible, it should read "consistent with the
approved PUD."
County Attorney Cuy]er stated that he has problem with this and is
not sure what is being said.
Ai~orney Varnadoe stated that PUD's have land development plan~
and he f~el~ that what staff is trying to say is that when you are
siting structures to the extent that there is important habitat in one
area and not another, the structure should be put in a place where the
important habitat can be maintained to the maximum extent possible.
He stated that at some. point in time, some habitat will have to be
given up in order to have the land uses pursuant to the approved PUD.
County Attorney Cuyler stated that there could be an additional
sentence that would say that one criteria to be used tn evaluating the
extent of native vegetation to be retained shall be a consideration of
the land use.
Attorney Varnadoe stated that a PUD has been approved with a cer-
tain amount of land uses and what is trying to be done is to balance
those land uses with existinG native habitat and to retain as much as
possible. He indicated that this is what he ts also trying to do.
Commissioner Saunders stated that he feels that this sentence
should read to the maximum extent practica/, recognizing the approved
land use.
County Attorney Cuyler stated that he does not have a strong
objection with the sentence proposed by Commissioner Saunders. He
Page
JULY 25, 1989
noted that he may have to see how this works during practice, adding
that sometimes these things do not work out the way they are supposed
to.
In answer to Commissioner Volpe, Attorney Varnadoe stated that
there have been problems with the EAC stipulations to a certain
extent, but given time and the chance to get with Staff, they have
been worked out. He stated that with regards to putting them into ali
ordinance form, Staff should be a little more careful with the
word~:,g.
Commissioner Shanahan stated that if the word "p~stble" was
chang,~d to "practical" and then the sentence proposed by County
Attorney Cuyler was added, this would suffice.
Attorney Varnadoe stated the change made by Commissioner Saunders
is all that is needed.
Commissioner Saunders stated that from a legal standpoint, County
Attorney Cu¥1er does not have a problem with the word "practical" or
the sentence that was added by the County Attorney and questioned if
either of thuse changes would create a problem for the environmental
services, to which Mr. Butch stated he does not see that they would
present any problem.
Commissioner Volpe stated that he would suggest that the change
as presented by Commissioner Saunders and the additional sentence
presented by County Attorney Cuyler be added to the aforementioned
paragraph.
Mr. Land stated that this same language will be coming up on
August 1, in other ordl,~ances and he would suggest that Staff be
directed to make tho~e changes prior to them coming to the Boar.fl. He
stated that there may have to be some modifications to the
Comprehensive Plan as there is unclear language in the comp plan with
regards to this matter.
Commissioner Shanahan moved, seconded by Commissioner Volpe ~nd
carried 4/0, that the public hearing be closed.
(~(,
Page 20
JULY 25, 1989
Commissioner Saunders stated that he would Indicate for the record
the changes that have been decided at this time: Page 2 of the ordi-
nance, paragraph sub-part 3, the sentence that reads: "Habitat iden-
tification will be consistent with the Florida Department of
Transportation Florida Land Use cover and Forms Classification S¥Gtem
and shall be depicted on an aerial photograph having a scale of one
Inch {,qual to at least 200 feet". He noted that language should be
added at the end of this sentence that will say: "when available from
th~ County, otherwise, a scale of one inch equal to at least 400 feet
is acceptable." Page 2, last paragraph, last sentence, Development
Services Division should be changed to Development Services Director
or his designee. Page 3, top paragraph, the word "possible" is changed
to "practical" and another sentence is being added that says: One of
the criteria to be evaluated by Staff shall be the approved land use.
Page 3, Section 3, 2nd paragraph, the words coastal area shall be
changed to coastal management area. Line 4 of that paragraph refers
to coastal urban area as defined in the 1989 edition of the future
land use element will be changed to as defined in the general require-
ment section of the adoption notebook. Page 4 top paragraph that
starts with Agricultural shall be exempt, changing the last sentence
regarding conversions from that ]anguage to the language submitted by
Mr. Land.
Co~"teeloner Shanahan moved, seconded by Commissioner Haeee and
carried 4/0, that the Ordinance as n~abered and titled below be
adopted and entered into Ordinance Book No. ~6 with the above-
referenced changes:
ORDINANCE 89-49
AN ORDINANCE A~ENDING COLLIER COUNTY ORDINANCE NO. 82-2, AS
A~ENDED, THE COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY BY A~ENDING SECTION 7.27,
PLANNED UNIT DEVELOPMENT BY PROVIDING FOR HABITAT IDENTIFICATION;
BY PROVIDING FOR RE~OVAL OF EXOTIC SPECIES; BY PROVIDING FOR A
PROGRA~ TO PREVENT REINVASIO~ OF EXOTIC SPECIES; BY PROVIDING A
REQUIREMENT TO OBTAIN A TREE RE~OVAL PER~IT PRIOR TO LAND
CLEARING; BY PROVIDING A REqUIREmENT TO PRESERVE AN APPROPRIATE
A~OUNT OF NATIVE HABITAT; BY REQUIRING A PROTECTED SPECIES
SURVEY; BY PROVIDING FOR CONFLICT AND SEVERABILITY; AND BY
PROVIDING FOR AN EFFECTIVE DATE.
Page 21
JULY 25, 1989
"~"~ Rec/ea: 10:50 A.M. - Reconvened: 11:00 A.M. at which
tt~e Deputy Clerk Hoffman replaced Deputy Clerk Kenyon
Item #6C6
ORDINANCE 89-50, PETITION ZO-89-19, AMENDING ORDINANCE 82-2, SECTION 9
SPECIAL R~GULATIONS - ADOPTED WI%~ CHANGES '
Legal notice having been published in the Nap]es Daily News on
July 6, 1989, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened to consider an ordinance amending
9rdlnance 82-2, the Comprehensive Zoning Regulations for the
Unincorporated Area of Collier County, Florida, by amending Section 9,
Special Regulations, by providing for habitat Identification; by pro-
riding for removal of exot lc species; by amending the requirements to)
obtaim a tree removal permlt; and by requiring a protected spec/es
survey.
Chief Environmental Specialist Butch advised that this item has
been identified as Petition Z0-89-19, noting that the proposed changes
relate to Section 9.1, of the Zoning Code, "ST" zoning. He called
attention to Subsection 9.1 e.2) (a)(5) Page 2, which requires that
habitats and their boundaries be identified on an aerial photograph.
He suggested that the following language be added after "200 feet"
· .."when available from the County, otherwise, a scale of 1" equal to
at least 400 feet is acceptable.
Mr. Butch stated that the next change relates to Section 9.1 e.2)
(a) (§), top of Page 2, and advised that the following language should
be inserted: "....Developments shall identify, protect, conserve and
appropriately use native vegetative communities and wildlife habitat";
and then continue with "}iabitats and their boundaries .... ,,
Mr. Butch indicated that there is a proposed requirement for pro--
tected species survey as Indicated in Section Three (n), and Section
Three (o) relates to the removal of exotic plants and maintenance of
removal of same.
Mrs. Barbara Henderson Cawley, of Wilson, Miller, Barton, Soll&
Peek, Inc., suggested that as a matter of consistency, changes should
Page 22
JULY 25, 1989
be made to (k), "possible" replaced by "practical"; and to (o),
"Community Development Services D]v]sion," replaced with "Develol;ment
Services Director or his designee".
CommJssioner Saunders concurred with Mrs. Cawley.
There were no other speakers.
Com~ssioner Shanahan moved, seconded by Commissioner Masse and
caz~ried 4/0, to close the public hearing.
Co~,,issioner Shana]lan loved, seconded by Co~lssioner Masse and
cmrr~ 4/0, that the OrdXn~nce as n~b~ed ~d titled ~1~ be
adopted ~d (tntered into Ordtn~ce Book No. 36 w~th the a~ve-
ORDI~CE 89-50
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 82-2, AS
AMENDED, THE COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPCRATED AREA OF COLLIER COUNTY, BY AMENDING SECTION 9,
SPECIAL REGULATIONS, BY PROVIDING FOR HABITAT IDENTIFICATION; BY
PROVIDING FOR REMOVAL OF EXOTIC SPECIES, BY AMENDING THE
REQUIREMENTS TO OBTAIN A TREE REMOVAL PERMIT; BY REQUIRING A
PROTECTED SPEC/EM SURVEY; PROVIDING FOR CONFLICT AND SEVERABILI~'y-
AND PROVIDING FOR AN EFFECTIVE DATE. '
O~IN~C~ 8~-51, P~TITIOM ZO-89-20, ~NDING ORDI~C~ 82-~,
~I~ M~CTION 13, PROVISIONAL USES - A~PT~D WI~
Legal notice having been published tn the Naples Da~ly News on
July 6, 1989, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened to consider an ordinance amending
Ordinance 82-2, as amended, the Comprehensive Zonlng Re~lattons for
the unincorporated area of Collier County by amending Section 13,
Provisional Uses, to provide for habitat identification, to
removal of exotic sp{~cles and to reqtlJre a tree removal permit
~o l~d clearing.
Ch~e~ Environmental Specialist Bu~ch stated that the only p~oposed
change to the existing language is in Section One, the top of Page
the sentence which identifies the mlnimum scale for aerial pho-
tographs, by adding the following after "200 feet": "when availa~le
from the County, otherwise, a scale of 1" equal to at least 400 feet
Page 23
JULY 25, 1989
is acceptable."
There were no speakers.
¢o~ieetoner Shanahan moved, seconded by Coau~lssioner Hesse and
cmrrle~ I/O to close the public hearing.
County Attorney Cuy/er mentioned that changes to the lan~age in
13.6 will also be made: "Development Services Department" will be
replaced with "Development Services Director or his designee"; and In
the last sentence, "possible" will be replaced w/th "practical"
Cmlmmtonmr Shan~ aoved, seconded ~ Co~tsstoner Hesse xnd
cmrrt~ 4/0, that the ordtn~ce as n~red ~d titled ~1~ ~
mdoDted ~d entered into 0rdln~ce Book. No. 36 with the above-
referenc~ ch~ges:
ORDINANCE ~9-51
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 82-2, AS
AMENDED, THE COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY BY AMENDING SECTION 13,
PROVISIONAL USES, BY PROVIDING FOR HABITAT IDENTIFICATION; BY
PROVIDING FOR REMOVAL OF EXOTIC SPECIES; BY PROVIDING FOR A
PROGRAM TO PREVENT REINVASION OF EXOTIC SPECIES; BY PROVIDING
REQUIREMENTS TO OBTAIN A TREE REMOVAL PERMIT PRIOR TO LAND
CLEARING; PROVIDING FOR CONFLICT AND SEVERABILIITY: AND PROVIDING
FOR AN EFFECTIVE DATE.
Item
ORDINANCE 89-52, AM]~NDING ORDINANCE 77-66, THE EIS ORDINANCE, SECTION
FOUR ~ HQUIRIR~3 SUBMITTAL OF A HABITAT MAP ON AN AERIAL PHOTO(TRAPH -
~OI~"~D ~ C~S
Legal notice having been published in the Naples Daily News on
July 6, 1989, as evidenced by Affidavit of Publication flied with the
Clerk, public hearing was opened to consider an ordinance amending
Ordinance 77-66, the EIS Ordinance; by amending Section Four; required
Environmental Impact Information; by adding a requirement for the sub-
mlttal of a habitat map on an aerial photograph.
Chief Environmental Specialist Butch advised that the proposed
amendments are similar to those of the previous ordinances requiring
habitat mapping on an aerial photograph. He indicated that the only
change to this ordinance Is the scale of the aerial photograph in
Section Four, 3.B, add after "200 feet": "when available from the
Page 2 4
JULY 25, 1989
County, otherwise, a scale of one inch equal to at least 400 feet is
acceptable."
There were no speakers.
C~iesioner Shanahan moved, teconded by Commissioner
carried 4/0, to close the public hearing.
Co~lssioner Shanahan moved, seconded by Commissioner Haese
carried 4/0 that the ordinance as numbered and titled below be adopted
anH entered into Ordinance Book No. 36 with the above-referenced
chang;et:
ORDINANCE 89-52
AN ORDINANCE AMENDING ORDINANCE 77-66, THE EIS ORDINANCE; BY
AMENDING SECTION FOUR: REQUIRED ENVIRONMENTAL IMPACT INFORMATION;
BY ADDING A REQUIREMENT FOR THE SUBMITTAL OF A HABITAT MAP ON AN
AFUIAL PHOTOGRAPH; BY PROVIDING FOR CONFLICT AND SEVERABILITY; AND
BY PROVIDING AN EFFECTIVE DATE.
Item ~6C9
ORDINANCE 89-53, AMENDING ORDINANCE 82-37, AS AMENDED, THE EXOTIC
PLANT SPECIES ORDINANCE, REQUIRING TRE REMOVAL OF EXOTIC SPECIES -
ADOPTED WITH CHANGES
Legal notice having been published in the Naples Daily News on
July 7, 1989, as evidenced by Affidavit of Publication flled with the
Clerk, public hearing was opened to consider an ordinance amending
Ordlnanu~ 82-37, as amended, the exotlc plant species ordinance.
Chief Environmental Specialist Butch stated that the amendments to
this ordinance will more clearly establish a policy for the removal of
exotic plants within new developments. He noted that no changes are
proposed, other than that of the ~erb]age for consistency:
"Development Services Division" changed to "Development Services
Director or his designee."
There were no speakers.
C(m~iesioner Shmnahan moved, seconded by Co~missioner Haaae ~d
carrie(! 4/0 to close the public hearing.
Co~miseioner Shanahan moved, seconded by Co~missioner Haese and
carried 4/0, that the ordinance as numbered and titled below be
aHopted and entered into Ordinance Book No. 36, with the above-
P~ge 25
JULY 25, lt,89
ORDINANCE 89-53
AN ORDINANCE AMENDING ORDINANCE 82-37, AS AMENDED, THE EXOTIC
PLANT SPECIES ORDINANCE, REQUIRING THE REMOVAL OF EXOTIC SPECIES
AND IMPLEMENTATION OF A PLAN FOR LONG TERM CONTROL OF EXOTIC
SPECIES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING
AN EFFECTIVE DATE.
Ite~
ORDINANCE 89-54, PETITION Z0-89-1C, A~ENDING ORDINANCE 82-2, SECTION
8.11, LOC&TIO~ I~QUIR~M~NTS FOR USES INVOLVING INTOXICATINa
- ADOPTID WITH CHANGES. RESOLUTION 89-179, ESTABLISHING A F~E FOR
WAIVER OF TH~ DISTANC~ REQUIREMENT - ADOPTED
Legal notice having been published tn the Naples Dally News on
July 6, 1989, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened to cons]der an ordinance amending
Ordinance 82-2, by amending Section 8.11, location requirements for
uses ~,,volvtng intoxicating beverages.
County Attorney Cuyler advised that the Collier County Planning
Commission approved this ordinance as to form and legal sufficiency on
March 2, 1989, and Staff ts also recommending approval. He call,id
attention to Page 2 of the proposed ordinance relating to the minimum
500 feet distance requirement between an established school, chu=ch,
public park or playground and an establishment which sells alcoholic
beverages for consumption on premises. He explained that the distance
is measured from the shortest distance between the lot on which The
school, church, public park or playground is located and the lot of
the alcoholic beverage structure unless it ts located in a shopping
center, and then it is to measured from the outer wall. He Indicated
that there have been a couple of situations within the County where
there is consumption on the premises of an establishment that may be a
restaurant that serves beer and wine with dinner, and the purpose of
the amendment ts to allow the Commission to consider ~hose types of
situations, and under the criteria of the ordinance, to waive ail or
part of that distance requirement. He noted that this has been pre-
sented to the Board previously, and there have been problems with
this. He indicated that he has provided alternative language as noted
in the Executive Summary, which the Commission may want to consider.
Page 26
JULY 25, 17~9
Commissioner Saunders stated that he has some problems with the
ordinance as presented. He referred to Page 3, which refers to
"The nature and type of natural or man-made boundary, structure or
other feature".... He stated that he fee]s that everything is either'
a man-made or natural boundary or feature, noting that any applicant
can meet this criteria. With regard to the decision to waive the
minimum distance requirement, he called attention to Page 3, C 1),
"may include, but not be limited to, lakes, marshes, non-developable
wetlands, designated preserve areas, walls, barriers, canals, ditches
and major rights-of-way." He indicated that theoretically, anyth:ing
can be considered a barrier, and he suggested that this be tightened
up a bet. He referred to Page 3, C 3), relating to the hour~ of
operation, and noted that this does not contain a complete sentence.
He indicated that Page 4, C 4), does not state what Staff should do if
this is an establishment solely for the sale of alcohol beverages.
In answer to Commissioner Volpe, County Attorney Cuyler stated
that this is a common type of ordinance, and the basic premise ts a
policy decision that the sale of alcoho] beverages not be ~n close
proximity to any school, church or playground.
Commissioner Hasse suggested that consideration be given to the
portal-to-portal method, and specify that the type of the establish-
ment that sells alcoholic beverages does so in conjunction with food,
and this will eliminate the possibility of a tavern.
Dr. Floyd Peterson of Lely Palms of Naples Retirement Communl1. y,
stated that the proposed ordinance amendments will affect the facfltty
where he resides. He stated that previously, a glass of w~ne was
served with dinner, if the residents so des]red, and thez'e was a cock-
tall party one afternoon per week. He indicated that it was brought
'to the attention of management last winter, that there were problems
w]th the ordinance, noting that Good Shepherd Church is across th~
street from the facility. He explained that these services are pro-
vtded at no charge to the residents, and requested that the Comml~;sion
Page 27
JULY 25, 1989
take this situation into consideration.
Mr. A1Mader, representing the Management of Lely Palms, sugge~ted
that the proposed amendments include a redefinition of measurlng a
facllttf from a church, or the ability to appeal, when certain
situations arise, so that relief can be granted. He stated that he
realizes the concerns of the things that can take place In a drinking
establishment, but Lely Palms will not have a lot of "hooting and
"hollering". He suggested that consideration be given to the portal-
to-portal method, or the opportunity for an appeal procedure.
Commissioner Saunders stated that he may go along with the portal-
to-portal method if Section 8.11 C 2) contained language stating that
the distance of 500' be measured from the closest door of the
establishment selling alcoholic beverages to the closest door of the
existing church, school, or playground.
Commissioner Volpe questioned if Commissioner Saunders is
suggesting that Paragraph "C" be eliminated in Its entirety7
Commissioner Saunders replied affirmatively.
County Attorney Cuy]er stated that if this is the direction that
the Commission wishes to take, it will need to address pub3tc parks
and playgrounds, since there Is no portal for a park or playground.
He advised that the Commission needs to realize that the establishment
selling alcoholic beverages wi]] be able to locate closer to the
church or school, depending where the church is located on the pro-
perty.
Commissioner Saunders stated that If the establishment places a
fence on that property it becomes a man-made barrier, and application
can be made for a waiver, and there is no standard by which the
Commission can reject the ~aiver.
Commissioner Volpe indicated that he concurs with Commissioner
Saunders' concern regarding the placement of a barrier to avoid the
500' distance requirement, and suggested expansion of the language so
that the nature and type of the ~nan-made boundary could be considered.
Page 28
JULY 25, 198']
Commissioner Saunders referred to Page 3, 1], and suggested that
"walls, barriers and ditches" be deleted.
County Attorney Cuyler suggested that additional language be added
to the end of the first sentence after "playground": "which ts deter-
mined by the Board of Zoning Appeals to lessen the need for the total
500' distance requirement". He noted that the remainder of the
paragraph would remain as is, except for the deletion of "walls,
barriers and ditches" as suggested by Commissioner Saunders.
County Attorney Cuyler read into the record the correct language
for Page 3, C 3): "The hours of operation and the norse and light
which could potentially be generated from the premises selling alcoho-
lic beverages".
There were no other speakers.
Commissioner Shanahan moved, seconded by Colisetoner Hesse Lnd
carried 4/0 that the ordinance as ntumbered and titled below be adopted
and entered into Ordinance Book No. 36 with the above referenced
changes:
ORDINANCE 89-54
AN ORDINANCE AMENDING ORDINANCE NO. 82-2, THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, BY
AMENDING SECTION 8.11, LOCATION REQUIREMENTS FOR USES INVOLVING
INTOXICATING BEVERAGES, TO SET FORTH THE PROCEDURE AND CRITERIA
FOR WAIVER OF PART OR ALL OF THE MINIMUM DISTANCE REQUIREMENT
BETWEEN AN ESTABLISBMENT ENGAGING IN THE SALE OF ALCOHOLIC
BEVERAGES FOR CONSUMPTION ON PREMISES AND AN ESTABLISHED CHURCH,
SCHOOL, PUBLIC PARK OR PLAYGROUND; AND BY PROVIDING AN EFFECTIVE
DATE.
County Attorney Cuy]er explained that a resolution is required to
amend Appendix A, Schedule of Fees of Ordinance 82-2, by adding a fee
in the amount of $250 for the waiver of part or al/ of the m~n~mum
distance requirement between an establishment engaging in the sale of
alcoholic beverages for consumption on premises and an established
church, school, public park or playground.
Co~a~oner Shanahan moved, seconded by Com~iss~oner Hesse, tha~
the ]Fubl~¢ hearing be closed.
Co~miaa~oner Shanahan moved, seconded by Co~m~ssioner Saunders and
~cge 29
Page 30
JULY 25, 19~,9
Item ,IOA
A(~MER~ WIT~ IMI~ERIAL SQUARE LIMITED, (AS DEVELOPER) W1{EREIN
D~I~LOPE~ A~$UM~$ RESPONSIBILITY TO PROVIDE ROADWAY IMPROVeMenTS AS
R~UIR~D IN IMI~gRIAL W~$T PUD - APPROVED AS AMENDED
County Attorney Cuyler advised that this is a recommendation that
the Commission consider an agreement with Imperial Square Limited
(Developers} wherein the Developer assumes certain responsibility to
provide certain roadway i.~provements required under their previous
rezone, site development plan and Collier County Ordinance 82-2 for
commercial development off of U.S. 41. He stated that this is the
first developer with a portion of a larger rezoned area, and there are
certain commitments which apply to the prior rezoned area.
county Attorney Cuyler explained that the purpose of thls
agreement is to ensure that there is compliance with the commitments.
He noted that the stipulations are as follows:
1. The Developer is required to provide the four-lanlng of
Imperial Golf Course Boulevard from U.S. 41 to 500' east, and
the tapering of the four-lantng to the two-lantng of the
existing roadway.
2. The Developer is required to construct deceleration lane~ on
U.S. 41 and to provide right and left hand turn lanes from
U.S. 41 to Imperial Golf Course Boulevard.
3. The Developer is required to pay for the purchase and
installation of a traffic signal at U.S. 41 and Imperial Golf
Course Boulevard.
4. The Developer will submit a Letter of Credit or a perfor~.ance
bond within ten days of the execution of the Agreement to
ensure completion of ail the facilities.
County Attorney Cuyler indicated that another provision of the
Agreement which is rather unusual states that the County agrees that
any other site dewelopment plans that come in for the larger parcel,
which are similar to thoFe of this developer, will be subject to these
commitments, and will be required to pay a fair share contribution.
County Attorney Cuyler advised that one additional sentence should
be added to the end of Paragraph 6~ "Nothing in this paragraph is
intended or shall be construed to preclude the developer from seeking
or obtaining a fair share contribution from subsequent developers
within the area described in Exhibit "A" who have not contributed to
Page 31
JULY 25, 1989
the cost of the improvements described in this Agreement." He
explained that he advised the developer that the County can control up
to the time that the improvements are made, but once the tmprovem~nts
are made and the commitments are fulfilled, there may be cther dex,elo-
pets that will come into that area, and it is not the County's
responsibility to be a collection agency.
Mr. Dwight Richardson, representing Imperial Estates HomeowneFs
Association, stated that his association has reviewed the Agreement
and find that it is in conformance with the stipulations contained in
the rezone petition, which established the strip commercial zone
and the applicable conditions from Imperial West PUD Ordinance 82-20.
With regard to the four-laning issue, Mr. Richardson stated tkat
he understands that the granting of the Certificate of Occupancy for
Imperial Plaza is contingent upon the comp/etJon of the four-lantr,g to
the County's satisfaction. He indicated that the four-lantng involves
a change tn the access to U.S. 41, therefore, the approval of Flol'tda
DOT will also be required, and he would like to see this spelled ()ut.
Mr. Richardson stated that the intersection of U.S. 41 and
Imperial Golf Course Boulevard should be designed to accommodate traf-
fic and turning movements with or without a traffic signal. He noted
that DOT ts the controlling agency for approving the design of the
intersection, and a median opening on U.S. 41 to facilitate the
radius of the safe turn movements. He explained that presently, the
median cut is 40', and will need to be widened to 1OO' to accommodate
The revised intersection. He suggested that the County broaden the
language tn the Agreement to tie down the responsibility of that :inter-
section to include all DOT requirements. With regar.i to the traffic
signal, he noted that the Agreement talks about one physical signal,
and he suggested that the wording of the Agreement be revised to leave
open the posslb~lity of more than one signal. He stated that he feels
that the County should consider a plan to "phase in" the signal, but
install the light before the season approaches and partially activate
Page 32
JULY 25, 1989
the light w/th a "yellow blinker" for U.S. 41 traffic, and a "red
blinker" for Imperial Golf Course Boulevard traffic.
County Attorney Cuyler advised that he had an opportunity to speak
with Mr. Richardson when he picked up a copy of the Agreement, and he
discussed with him the design of the intersection. He explained that
it will be necessary for someone to design and reconstruct the inter-
section, but noted that he does have e problem with putting this is
the Agreement, since he is not certain that this can be enforced
against the developer. With regard to the changes of the access to
U.S. 41, he stated that if FDOT does not approve thls access, the site
development plan will have to be changed and re-reviewed. Me advised
that with regard to the approval of the intersection improvements,
prior to the issuance of a "CO", he does not believe that this can be
required. He noted that FDOT can hold the developer up for their own
reasons.
Commissioner Vo]pe stated that from what County Attorney Cuyler
has reported, in order for the developer to obtain the necessary
access to U.S. 41, he must comply with the requirements of FDOT. He
noted that it appears that the developer has been quite cooperati~;e in
terms of trying to address the concerns of the people in the Imperial
area, and indicated that it Js important to Get the commitments
writing.
Commissioner Shanahan questioned how County Attorney Cuyler feels
about changing the requirement of a singular traffic light to plural7
County Attorney Cuy/er stated that in the event a two-light system is
needed, he believes that the developer will agree to this, and will
amend the language of the Agreement to indicate same.
County Attorney Cuyler noted that changes to the Agreement
include: the sentence he read earlier; and, language regarding an
additional traffic signal, if needed.
Co'~"~ss~oner Volpe moved, seconded by Comm~satoner Shanahan, ~d
carrJ~ 4/0 to &pi)rove the Agreement, as amended.
Page 33
JULY 25, 1989
Commissioner Volpe saggested that Staff invest]gate, as requested
by Mr. Richardson, the ]~np]ementatlon of "phasing tn" the traffic
signal.
Page 34
JULY 25. 1959
Tap~ #~
Item~Cll
ORDIIIIC! 1)-55, IMIMDING ORDINANCE 81-42 SECTION 38, TO INCLUDE ~KN][S
AND [STABLISH AND REQUIRE AN OCCUPATIONAL LICENSE TAX OF $100 FOR I~CH
CENTRAL OFFICE AND BRANCH OFFICE - ADOPTED
Legal notice having been published tn the Naples Daily News on
July 6, 1989, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened to consider an ordinance amending
Collier County Ordinance 81-42 by amending Section 38 to Include banks
and establish and require an Occupational License Tax of $100 for each
central office and each branch office.
County Attorney Cu¥1er advised ~hat Ordinance 81-~.2 does not
include a fee for all financial Institutions, noting that banks are
not tl,~/uded.
There were no speakers.
Comlaatoner Shana/lan moved, seconded by Comtsstoner Hasse and
c~.rrted i/O that the ordinance as numbered and titled below be adopted
and entered into Ordinance Book No. 36:
ORDINANCE 89-55
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE 81-42 BY AMENDING
SECTION 38 TO INCLUDE BANKS AND ESTABLISH AND REQUIRE AN
OCCUPATIONAL LICENSE TAX OF $100.00 FOR EACH CENTRAL OFFICE ANE
EACH BRANCH OFFICE; PROVIDING AN EFFECTIVE DATE FOR THE
ESTABLISHMENT OF THE FEES; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
Item ,?Al
R~SOLUTION e9-180, PETITION V-89-?, JOHN JASSY OF MOON LAK~
DEVELOPMENT 6~)MPANY REQUESTING A TWO FOOT VARIANCE FOR AN 8 FOOT WALL,
FOR FROI~ERTY LOCATED AT MOON LAKE UNIT 1, BLOCK B, LOTS 19-31 -
ADOPTED WITH STIPULATIONS
Legal notice having been published in the Naples Dally News on
July 14, 1989, as evidenced by Affidavit of Publication flied with 'the
Clerk, public hearing was opened to consider Petition V-89-7, filed by
John Jassy, Vice President of Moon Lake Development Co. of Naples,
Inc., requesting a two foot (2.0') variance from the maximum height of
a wall tn a residential district of slx feet (6.0') to eight feet
(8.0') tn a Planned [Inlt Development (PUD) zone, for property
described as Moon Lake Unit 2, Block B, Lots 19-31, Collier County,
Page 35
JULY 25, 1989
Florida.
Planner Bellows advised that surrounding properties are zoned
MHSD, and multi-family communities. He advised that tf this request
ts approved, there will be an 8 foot fence from Lot 19 through Lot 31,
noting that there is currently an 8 foot fence from Lots 19 through
26.
Commissioner Saunders asked if the 8 foot fence on Lots 19-26
there legally? Mr. Bellows stated that the 8 foot fence is in viola-
tton, which has resulted in this request.
Mr. 3ohn 3ags¥ of Moon Lake De%'elopment, stated that initially, a
permit was pulled for a 6' fence, aI~d then 2' of decorative lattice
was placed above it. He noted that his partner was advised that a
variance was not needed at that point, since this was a decorative
addition to the fence. He explained that since that time, the County
advised that an application for a variance was required, and at this
point, his company complied with same and further requested that the
fence be extended to ~eparate their single-family, low-density project
from the mobile home park.
Commissioner Saunders stated that Staff is generally very
stringent on requests for variances, but noted that in this particular
situation, a land or structure related hardship has been determined,
and Staff is recommend]n9 approval.
Mr. Bellows advised that after several visits to the site, and the
close proximity of the two projects abutting one another, Staff felt
that the 2' addition Is reasonable. He noted that no correspondence,
either for or against this petition }las been received. He Indicated
that several residents from the mobile home park appeared at the CCPC
meeting, and expressed concerns relating to the lattice work. He
advised that those concerns have been addressed in the stipulations,
to ensure that the lattice work is structurally sound, and that after
the fence is completed, an inspection will be conducted by the County.
There were no other speakers.
Page
JULY 25, 1989
Co~mtsston,,r Shanahan moved, seconded by Commissioner Volpe and
carried 4/0 t~t the ~bllc hemming ~ closed.
Co~Assloner Shan~ moved, seconded ~ Co~/sstoner Sanders ~d
c~ri~ 4/0, to appr~e Petition V-89-7, ~b3ect to the reco~ndatton
of the CC~ ~d Staff's Stt~latlons, thereby, adopting Resolution
89-180.
Page 37
JULY 25, 1989
RESOLUTION 89-181, AMKNDING RESOLUTION 89-131, TO CORRECT SCRIVENER'S
ERROR TO RHFLECT CORRKCT LEGAL DESCRIPTION TO ELININATE LOTS 17 AND 18
- ADOPTED
Commissioner Saunders stated that the proposed resolution will
correct a scrtvener's error as reflected tn Resolution 89-131.
Cosmteeloner Sh~nahma moved, eeconded by Coutsstoner Halle
carried 4/0, to ~nd Resolution 89-131 to correct the ecrivener's
error, ~nd that Resolution 89-181 be adopted.
Page 38
JULY 25, 1989
R~$OLUTIOR 09-182. PETITION PU-89.-5, JOHN HOBART, REPRESEIrrING
RADIO (PALMER COI~)I~ICATION, INC.) RKQ~STING A PROVISION~ USE
~ A-2 ZONING DIS~ICT FOR FOUR CO~ICATION TO. RS FOR PROPER~f
LOCA~D ONE MILE SO~H OF C.R. 846 AND O~ MILE EAST OF C.R. 951 -
~ED~ SUB~ TO THE PETITIO~R'S AGREE~ AS ~E~ED
Planner Saadeh advised that this item is a request to obtain
Provisional Use of the A-2 Zoning D~str~ct to construct four com-
munication towers with a maxlmum helght of 197 feet each. He indi-
cated that 8urroundlng lands are zoned A-2 and are sparsely populated
and consist mainly of tracts of 5 acres or larger. He noted that the
closest residences to the subject property are approximately 1,100
feet to the west and south; 1,800 feet to the north and more than
2,500 3eet to the east. He advised that the primary reason for the
towers t~ to 1mprove service capablllttes to the publlc.
Mr. Saadeh stated that two letters of objection have been
received. He lndlcated that one public comment agalnst this petition
was made at the CCPC meeting frc, m a neighbor south of thls proper~y,
noting that he has been advised that this person's house ~s
mately 900 feet away, but it did not appear on the o~'~gtnal aerial.
He advised that the CCPC is forward~n~ thJs petition to the Board of
County Commissioners w~th a unanimous recommendat]on of approval, sub-
Ject to Staff's stipulations. He noted that two additional sttpula-
tlons have been added to the Petitioner's Agreement Sheet, as
requested by the Fire Department, and the petitioner concurs with
same:
a.
The proposed road to be constructed needs to be wide enough
for fire and rescue vehicles to travel on, is to be
constructed of a hard surface in order to support the
vehicles, and finally, the road needs to ke maintained.
b. Due to the remoteness and the building being unmanned, it is
recommended that some type of automatic fire detection system
and/or a suppression system be installed. Also, the
buildlng will need a portable extinguisher mounted on the
wall by the door even if an automatlc fire detection system
and/or a suppression system is installed.
Commissioner Volpe stated that he has reviewed the backup relating
to this Item, but he feels that this proposal is inconsistent with the
Page 39
JULY 25, 1989
newly adopted Comp Plan.
Planner N/no indicated that Staff feels that this request is con-
sistent with the Comp Plan.
Co~smteeti;rier Shanmh~n moved, seconded b~ Co~=l~ion=r H&ese mhd
carried 3/1 (C~tssioner Vol~ opposed), to approve Petition PU-89-5,
~d t~t Resolution 89-182 be adopted, ~bJect to the Petitioner's
A~nt S~et, as ~ended.
Page 40
JULY 25, 1989
Item ,7B3
~SOLUTION 89-183, PU-89-6, OEO}tOE H. MELLEN OF WILLIAM C. MCANLY AND
ASSOCIATES REPRESENTING CRYSTAL LAKE JOINT VENTURE REQUESTING A
PROVISIONAL USE B.10.B FOR CONSTRUCTION OF A WASTEWATER TREATMENT
PLANT AND A POTABLE WATER PLANT FOR PROPERTY LOCATED ON~-HALF MILE
SOUTH OF IMMOKALEE ROAD AND ONE-HALF MILE EAST OF COUNTY ROAD 951 -
ADOI~rKD, SUBJECT TO THE PETITIOneR'S AGREEMENT
Planner Saadeh stated that the petitioner is requesting a
Provisional Use to locate a wastewater treatment plant and a potable
water supply on the subject property which consists of nine acres. He
advised that lands to the north, east and west are zoned A-2 and are
undeveloped; lands to the south are zoned PUD, (Crystal Lake R.V.
Resort).
Mr. Saadeh indicated that one letter of objection has been
received from Mr. Henry Monroe, stating that he is not in favor of
the proposed use. He stated that the CCPC has reviewed this Petition,
and recommend approval, subject to Staff's stipulations, as contained
in the Agreement Sheet.
Co~iss~oner Shanahan ~oved, seconded by Commiss~oner Hasse and
cmrried 4/0, to approve Pgtition PU-89-6, thereby adopting Reeolution
89-183, subject to the Petitioner's Agreement Sheet.
Page 41
JULY 25, 1989
Item ~9A1
I~ESOLUTION 89-184, AMENDING RESOLUTION 88-125, TO CORRECT SCRIV~qQ]~R'S
ERROlt ~ ~ CO~ T~SHIP ~OM T~SHIP 46 SO~H TO T~SHIP
47 80~ - ~D
Commissioner Saunders advised that the purpose of this resolution
is to amend Resolution 88-125, to correct a scr~vener's error.
Co.~ieeioner Shanahan moved, eeconded by Commieeioner Haeae and
carried 4/0, that Reeolution 89-184 be adopted.
Page 42
JULY 25, 1989
Zte~ #9A2
DOCUMKNTS TO ACCEPT AND RECONVEY LANDS, REVISING A PREVIOUS
TRAWSACTIO~ FOR THE LELY BAREFOOT BEACH DEVELOPI~FgNT - APPROVED
SUBJECT TO LAND SURVEY '
County Manager Dorrlll stated that Lely Barefoot Beach was pre-
viously required to convey lands to the State. He explained that the
State's requirements were very awRward, cumbersome, tlmely and costly
on the part of the Developer, and that he petitioned the County to
convey certain lands to the County, all of which are mangroves. He
indicated that there are buffer areas which were not intended to be a
part of the original conveyance that are mangroves, and should remain
with parcels of developable ]and at Lely Barefoot Beach. He noted
that t; is area is less than one acre, and should go back to the deve-
loper so that he can meet his normal setbacks Jn order to develop the
private multi-family parcels which are identified withfn the "blue"
areas as indicated on the displayed exhibit.
Assistant to the County Manager Olllff stated that ]70 acres of
thls project was given to the County, and the develope~, is requesting
.9 of those acres, in order to make his project work. He noted that
there can be no development on this property whether it Is owned by
Lely or the County.
County Manager Dorrill stated that approval of the subject are.]
should be subject to review of the legal descriptions by the County
Land Surveyor for appropriateness.
Co~taetoner Shanahan moved, seconded by Co-missioner Volpe mhd
cm~rted 4/0, to approve the documents to accept and reconvey the
lmnds, r~vta~n~ a previous transaction for the Lely Barefoot Beach
I)~v~lol~ent, subject to review by the County Land Surveyor.
Page 43
JULY 2,5,
Item ~gA~ Norad fro~ 14A4
IIIAL PI~AT OF 'CROWN POINTI~ I~...~T' - APPRO¥~D, SUB$~-~I~ TO APPIt0VAL 0F
THI~ $1~CUI~ITY DOCUM~N1~5 BY TH~ COUNTY ATTORNEY'50FFI,~I~
Assistant County Attorney Wetgel stated that this tt~m came before
the Commission on January 31, 1989, and direction was given to come
back with the appropriate security so that the plat could be recorded.
He advised that the Construction and Maintenance Agreement has been
reviewed and approved by the Co~nty Attorney's Office, but the vali-
dity of the L-tter of Credit which Is dated April 25, 1989, will
expire 9 monthsl from the date of approval of the Construction and
Malnteaance Agreement and the approval for the recording of the p~dt.
He advised that this may result In a ]apse of security during the 12
month construction period since there ts no rollover within the Letter
of Credit. He ncced that the Letter of Credit has been slgnt~d off by
a "cashier", rather than a Vice President or an Officer of the cor-
poration. He iDdtcated that the Commission's approval today should be
subject to the Security Instrument being approved by the County
Attorney's Office.
Co~sisstonar Sh~nahan moved, seconded by Co--missioner Hmsse and
cmrrted 4/0, to mccept for recomding the final plat of "Cr~ Polnte
~t", ~bJect to approval of the se~rtty docents by the Cou~
Atto~'l offtca.
Pa~e 44
JULY 25, 1989
Item ~9Cl
FUNDS TO IMPLEMENT THE 'HEALTH CARE ACT OF 1988" - APPROVED.
ADDITIONAL SOCIAL WORKER POSITION - AUTHORIZED
Public Services Administrator O'Donnel] stated that request is
being made to approve budget amendments to pay hospitalization costs
for indigent clients and to provide funding for an additional Social
Worker to help screen this program. He advised that this item was
presented to the Commission during the Strategic Planning Session on
June 12, 1989. He noted that this is the $4.00 per capita expenditure
that has been mandated by the State Legislature, and the maximum cost
for Collier County could be $537,336. He noted that to date, the
County bas received bi/is in the total amount of $80,000, and Staff is
antlclpattng to draw upon the maximum amount of money in increments,
as the funds are needed.
Mr. O'Donnell advised that the amount of t,%e requested budget
amendments is $140,000, noting that $15,O00 will be used to hire an
additional Social Worker who will be responsible for screening, moni-
toring, and reporting on the aspects of this program.
In answer to Commissioner Vo]pe, Mr. O'Donnell advised that the
State mandated this program on January 1, 1989, but it has taken the
hospitals some time to determine who were eligible and who could
qualify for this program.
Mr. O'Donnell stated that a Social Worker has not been added to
his Department since 1977, noting that the current caseload is bet-
ween 75-80 cases, and the State stnndard is approximately 60 cases per
Social Worker.
Comiseloner Shanahan moved, seconded by Co~misstonmr Saund~rs &nd
csrrted 4/0 to approve the ~medtate hiring of a new Social Worker and
budget amendments reflecting salary and operating costs and initial
~mndmted payments to out-of-county hospitals (HCRA).
Clerk Kraft replaced Deputy Clerk Hoff~an
at this tile'''''
Item 9(:2
DEDICATION OF OP~:NING OF THE EAST NAPLES COMMIFNITY PARK - AUGUST 24,
1989
Page 45
J'UL~ 25~ ~9~9
Public Services Administrator O'Donnell stated that August 24,
1989 st 9:30 A.M. will be the opening of the East Naples Community
Park with celebrations planned for that date as well as Saturday,
August 26, 1989.
Co~m~f~aioner Shanahan moved, seconded by Commissione~ ~aeae ~nd
carried 4/0 that the East Naples Community Park be dedtcatl~d on August
24, 1989 at 9:30 A.M.
Commissioner Shanahan noted that he is preparing a dlgnatary list
to participate in the opening and asked that the Commissioners apprise
him of any dignatary VIP they would like to invite.
'"'''Recess 12:55 P.M. Reconvened /:lO P.M.'',,,
Item
DATE AND PLACE FOR PUBLIC HEARING FOR CONSIDERATION OF AMARDING
CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY TO JaR ENTERPRISES OF
NAPLHS, INC. D/B/A ROYAL ROSE SHUTTLE, AND FISH 'N FUN, INC. D/B/A/
ISLAND AIRPO~ SERVICE - AUGUST ~_~19__8_9'- APPROVED
Administrative Services Administrator Ochs noted that this was
inadvertently put on the regular agenda and requested August 1, ~989
be set as a public hearing date at the Collier County Government
Complex, Building F, 3rd Floor Boardroom for consideration of awarding
Certificates of Public Convenience and Necessity to J&R Enterprises of
Naples, Inc., d/b/a Royal Rose Shuttle, and Fish'N Fun, Inc., d/b/a as
Island Airport Service.
Co"'~issioner Hasse .~ved, seconded by Co~tssioner Volpe and
carried 4/0 that August 1, ~989 be sat aa a public hearing date for
consideration of awarding Cert~ficates of Public Convenience and
Necessity to J~R Enterprises of Naples, Inc. d/b/a Royal Rose Shuttle
and Fteh'N Fum., Inc.. d/b/a Island Airport Service.
Ite~
R~L$O~UTIO~ 89-~S5 R~CLASSIFYING A~) RETITLING A VAC~TT.. BUDG~I'ED
PT~IT).ON I~ X~ AD~INIS'TRATIVE SERVICES DIVISION AS AN INFORmaTION
S"f~"l~M/; T~CHNICIAN - ADOPTED
Admlntst~ative Services Administrator Ochs responded to
Com~:lssioner Saunders that this posit~on is a reclassification of a
position appropriated in this year's budget at a pay grade of 124 with
Page 46
JULY 25, 1989
entry salary of $32,000. He noted that in discussions with James
Giles, Clerk and his MIS Director, an agreement was worked out whereby
his staff could provide more technical system management and, ai~ a
result, downgrade this position to the training area where tile
greatest workload tn the office el~tsts.
Cc.m~teeloner Shanahan moved, s,conded by Co,missioner Sa~mde~e and
cmrrled 4/0 that Resolution 89-185 reclassifying and retltltng a
vmcmnt b~dgmted position In the Adstntstrattve Services Division be
adopted.
In ~esponse to Commissioner Volpe, Mr. Ochs responded that this
postt~-n will be f:lled at the reduced salary level.
Page 47
JULY 25, 1989
It# 9K3
RESOLUTION 89-186 ESTABLISHING TWO NEW ~AY PLAN TITr, I~S OF ~FUSKUM
T~CHNICIAN AND REAL PROPERTY REVIEW APPFCAISER - ADOPT.:ED
Administrative Services Administrator Ochs exp]a:.ned that these
positions are currently budgeted and belng reclassif.ied. He noted
that the titles wiN] more accurately reflect the spec:ttic duties In
those positions with the same pay grade and no change in the budget or
personnel.
Co~tamtonar Shanahan moved, oeconded by Coutsstoner HafJma and
carried 4/0 that Reeolutiolt 89-186 establishing two new poy plaxl
tttlel o~ Muse~:~]t Tachntci~A and Real Pro~rty Revte~ Appraiser ~
P&~ 48
3ULY 25, 1989
It#
A(lR~l~ll~l'f B~'fW~N COLLIER COUNTY AND GOLDEN GATE FI~E CONTI~OL AND
1~$~ DIiT]~IC~ I] THE AMOUI~T OF APPROXINATI~LY $713,000.00 FOR
COR'JI"RUC~ION Or AI~ ~RGENCY SERVICES COMPLEX - APPROVED
Emergency Services Administrator Reardon stated this is the ffr~t
of two Executive Summaries regarding construction and projects for two
Emergency Services complexes, one in the Golden Gate area and one
the Naples area, which will be Phase I. He explained that the
Emergency Services complex will house Fire, Emergency Medical Ser';tces
and the Sheriff offices. He pointed out that the agreement betwe{~n
Collier County and the Golden Gate Fire Control and Rescue District
packet includes the contract, scope of the contract and benefits, an.J
equity calculation showing benefits to taxpayers on dollari~ being
saved and is approved in the capital improvement plan. In response
to Commissioner Hasse, Mr. Reardol~ replied that occupancy will be in 9
months.
Co-=missioner Hamme moved, ~econded 13~ Coaumtsstoner Shana and
carried 4/0 that the Agreement between Collier County ~d Golden Gate
lire Control ~d Res~e District fo~ const~ction of ~
· e~tc~s Co~l~ ~ approved.
In response to Con, missioner Shanahan, Mr. Reardon stated that the
e~!ty calculations 9ives threshold and ceiling of costs; the specific
dollar amount will be determined after the bids for construction and
the cost ts amortized.
Page 49
JULY 25, 1989
AG~ BETN~KN COLLIKR COUNTY AND W.R. FRIZZKLL ARCIIITKOTS, INC.
FOR ~HE DKSIGN AWD C0NSTRI3CTION PROCK$$ OF TWO EMERGKNC~' SKRVICKS
.COMPr~KX~S - APPrOVeD
Commissioner Saunders noted that this ts a companion Item to Item
9FI for the design of the facility.
Colltlmioner Hm~e moved, seconded by Commissioner Sh~u~h~n and
carried 4/0 that the Agreement between Collier County ~nd W. R.
Frtzxell Architects, Inc., for design and construction of tw~ K~ergency
Servicem Complexes.~
In response to Commissioner Volpe, Mr. Reardon re~ponded that this
is for professional u~rvlces f~r the design and profes~tonal architec-
tural type work for {,:~th the North Naples Phase I fa¢:llity and the
Golden Gate complex. He ]ndicat~d that pursuing the projects Jointly
will provide a gener~s financial benefit if the aGl'eement can be
secured with a single con~ractor.
Upon call for the que~tton, the motion passed &/0.
In response to Commisuioner Hesse, Mr. Reardon mtated that the
prints and layout should b,~ ready to go out to bid in approximately 60
days.
Commissioner Shanahan questioned about progres~ tn the discussions
with the Marco Island Fire Chief? Mr. Reardon responded that ~{arco
Island Fi)-,~ District will continue through next year.
Page 50
JULY 25, 1989
AUT~O~I~'-aTION TO SIGN CONSENT ORDF2~ OGC CASE NO. 89-0189
(~OLLIE~ ~ AND TH~ DEPARTMENT OF E~¥IRONM~NTAL REGULATION IN
92~(K~T OF 815,840.00 TO EVALUATE A SHREDDING MAC~INE AT THE
LANDFILL - ADOPTED
Solid Waste Director Fahey stated that In September, 1988, an
insI'ectton by the DER revealed the County deficient Jn 4 areas: 1) 6
Inches cover is required, 2) the amount of working equipment
available, 3) presence of leachate exceeding the permitted equipment
available, and 4), a larger than necessary working phase. He noted
that correcting the deficiencies was accomplished by accelerating the
equipment purchases; a pan has been purchased and a compactor and
bulldozer wi]] be obtained shortly. He indicated that a 30 day
working supply of cover material has been obtained, excess accumula-
tion of leachate has been reduced and the new retention facility will
eliminate that problem, and the guideline of the working phase has
been reduced to 150 foot width. He stated that the fines amounted to
$10,500, but rather than the money, DER prefers the County consider
alternative mitigatinG effects. He explained that consultants will
examine shredding capability to address tires, white goods, bio-mass
and construction demolition waste.
In response to Commissioner Volpe, Mr. Fahey noted that necessary
testing and bringing tn the shredder should meet the recommendations
of the Master Plan and DER concern. He explained that $15,800 must be
expended on research towards the purchase or lease of a per~nanent
shredder to meet the financial penalty of 1-1/2 times $600.00. County
Manager Dorrlll stated that a shredder is c~ndusive to good operating
practice.
C~lsstoner Shanahan mo~ed, seconded by Coutsstoner Hasse and
CmXTte4 4/0, that Staff proceed with shredder evaluations.
Pa.~e ~51
JULY 25. 1989
Item 9~2
&CCEPTAIICE OF GRAITI' IN THE AMOUNT OF $20,000.00 FRON THI~. CLEAll ~ORIDA
~ZSSIO~ ~ ~ATZO~ O~ ~qO~ ~C~I~G ~S ALLOCA~D ~ON ~
SOLID ~ ~S~_~pR C~ING~CIZ~ ~ _ ,AP~RO~D
Environmental Services Administrator Lorenz stated that acceptance
o~ a $20,000.00 grant application from the Clean Florida Lltte~
Co~tsSlon has been received and Staff requests a matchinG amount of
$20,000.00 from the Solid Wast~ fund. He explained that educational
and operational programs for reduction of litter tn the County will be
implemented tn conjunction with the City of Naples.
Cmtssi~r H~ae ~v~, meconded ~ Co~tasloner S~ ~d
c~rt~ 4/O, t~t the ~t of $20,000.00, leaa 82,858.00 from the ClW
of lapl~, fr~ the Cle~ Florida Co,lesion ~ accepted.
Mr. Fahey stated that the $20,000 grant from the State must be
matched wlth funds from Collier County and the City of Naples share ts
14.29 percent.
Finance Director Yonkosky noted the Board of County Commissioners
ts authorizing this request to come out of reserves is $20,000 less
$2,858.00,
Page 52
SULY 25, 1989
STAFF TO SOLICIT PROPOSALS TO RETAIN PUsLIC RELATIONS SERVICE TO
~ P~IBLIC ANARENESS OF REDUCTION OF WASTE DISPOSAL ARD RECYCLING
- im~OVZD
Environmental Services Administrator Lorenz explained that the
litter grant has educational pub/lc relatlons components and twenty
percent is required to be expended for public relations. He pointed
out that Staff Is seeking authorization to contract with a public
relations firm to provide that service which the County does not have.
County Manager Dorrtll explained that there ts an Interest in
working with the Conservancy in conjunction with the School Board to
develop curriculum for 4th or 5th graders in Col]ti, r County to par-
ticipate In an anti-littering program.
Commissioner Volpe questioned If the City of Naples has a full
time public relations person on Staff? County Manager Dorrlll
responded that that can be explored and noted that the City has a con-
suiting firm on retainer.
Co~mlsetoner Shanahan moved, seconded by Co~aissioner liasae ~nd
c~rried 4/0, that Staff be authorized to solicit proposals and bring
b~ck for final re~i~w and approval by the Board of County
It~
HEPORT ON STATUS OF CURRENT AND PROPO~D MATERIALS RECYCLING PROGRAMS
~ COLLIER C~ - NO ACTIC~
Ervlronmental Services Administrator Lorenz reported the status of
the County's recycling programs. He noted that Waste Management
earlier showed the recycled materials and revenue~3 obtained. He noted
that the County will have to examine the cost for a variety of
recycling programs. He explained that the consultant has factored in
for the pilot program $40 per ton for recycling and Waste Management
Is close to $200 for disposal costs. He pointed out that recycling of
newspaper a~ the Marco transfer station may be extended tc other areas
~n the County and a plastics recycling update will be provided, within
the next few weeks. He emphasized that recyclinQ of plastics will
Page 53
JULY 25, 1989
contribute to the 30 percent mandated recycling requirement in 1992.
lie stated that landfill mining will not receive credtt for recycling
materials as a result of a staff decision from DER, but that process
reduces the County's disposal cost and have requested DER to review
their consideration and give Collier County credit for landfill mining.
He explained that the County's consultant for the Master Plan has
recommended that the County continue and expand the Pilot Recycling
Program and use of a shredder and compost facility be used for yard
trash. He explained that the details for these specific projects and
more definitive programs for recycling will be brought back to the
Board of County Commissioners.
Commissioner Saunders noted that the Board of County Commissioners
has stressed the importance of expanding recycling efforts and com-
iended Staff for the report
In response to Commissioner Shanahan and his question about
meeting the 30 percent recycling requirement, Mr. Lorenz indicated 15
percent for the yard trash will be easily obtained but the additional
15 percent through residential and commercial may be tough.
It~
~tXCO~tDI~a OF FI~CL Pr.~? ot ThE VI~YAm~s - U~T 3 Am) ACCXPTA~CX O~
CO~F~T~ O~ T~ VII~YARDS PARK PROPERTY AS STIPULATED WITHIN THE
vr~ra~Ds P~D - ~OV~_~_WIT~_ S?IPU~A~__TIO~S
Assistant to the County Manager Ollfff noted that Commissioner
Saunders assisted tn negotiations and over a per]od of several weeks,
final agreement of a site plan was reached. Mr. O]ltff pointed out on
the displayed plat, 18 acres of the school property marked in red
and pointed out the athletic fields to be jointly used by the County
and the school systems. He noted that the V-shaped 34.9+ acres marked
tn green will be the County Park and the two S-1 and S-2 acres will be
retained by The Vineyards to be used as outlined tn the PUD for
village and civic uses. He pointed out the entrance road to be shared
by the school and the County with the cost to be shared equally.
Commissioner Shanahan questioned the civic uses7 Mr. Olliff
Page 54
JULY 25, 1989
responded that the uses are civic related as required in the PUD. He
explained that the County wll] not be building this park until the 4th
or §th year of the County's Parks Improvement Plan. He pointed out
that the park reflects all the acreage outlined in the PUD, ts a
usable piece of land, and County Attorney Cuyler wJl] cover the stipu-
lations. Attorney Cuyler stated that in addition to the 5 items
listed tn the Executive Summary, approval of the final plat and accep-
tance of conveyance of park property is subject to receipt of the
following original documents: Attorney,s Affidavit, Owner's
Affidavit, Warranty Deed. He explained that the Deed Is subject to
receipt and approval, by the County Attorney,s ofttce, of a title com-
mitment with the understanding that the developer will supply
everything required by the title Insurer. He emphasized that the
Deed ts also subject to receipt of statement by the developer and
the Homeowner,s Association stating that the park site is not governed
by or automatically becomes a member of the Associatlon. He noted
that the Vineyard's attoraey has agreed to that provtslon.
Commissioner Hmsse moved, seconded by Com~issioner Volpe and
carried 4/0, that the Final Plat of the Vineyards be recorded after the
V~rlous stipulations have been addroesed.
In response to Commissioner Shanahan, Mr. Olliff noted that Roger
Otten, representative of the School Board, will present the same item
to the School Board for approval.
Page 55
JULY 25, 1989
.PJ~DI3~T~ 89-244 &RD 89-246 - ADOPTRD
Finance Director Yonko~ky briefly reviewed the two budget amend-
ments not previously discussed.
~"~lmei~r {la~ ~ved, meconded ~ Conts~ioner S~ ~d
c~l~ 4/0 t~t ~get ~en~ntm 89-244 ~d 89-246
Co~lssloner Shanahan questioned if the postage and printing cost
for the County Manager quarterly newsletter will continue to be the
same7 Finance Director Yonkosky responded that postag~ will remain
the same. County Manager Dorrlll ]ndlcated that the County malled the
newsletters to registered households, rather than incur the expense of
sending one to every registered voter.
Commissioner Volpe questioned the landscaplng project cost and
County Manager Dorrll] replied that the County ls doing stgnage, relo-
cation of flagpoles, and construction of the retaining wall.
Zt~
· OI][T ~O~Sl~Op DI$CU$$IOR BETI~N COLLER COUFI'Y AWD LEE COUITi'Y TO BE
~-~--~O.O.O.O.O.~BKR AT A .pLACE AND TIM~ ROT DETEI~INED
Commissioner Saunders explained that the Lee County Commissioners
he had spoken with expressed Interest in a Joint workshop. He
suggested directing Lee and Collier County staffs to develop an agenda
covering transportation, water management, and environmental protec-
tion for some time late In October, on an annual basis. Commissioner
Volpe noted that there are common issues in the northern part of tile
County to be addressed.
Emily Maggto, Civic Chairman - Bonita Shores, Little Hickory
Shores Improvement Association, applauded the effort and expressed con-
cern about beach roads, water management and environmental Issues.
Commissioner Shanahan commented that these meetings should be more
frequent.
Co~tsmloner Hume moved, seconded by Coutssioner Shanahan and
carried 4/0 to aplrrOv~ a Joint Workshop Discussion b~tw~en L~e and
(t',? t DS
.,T~.,y 25, 1989
Collier County in October at a place and time to be determined.
In response to Commissioner Volpe, County Saunders responded That
the C1ty of Naples and Collier County have periodic meetings. He
noted that County ManaGer Dorr]ll is planninG a Jolnt meettnG with all
elected officials tn the County in the Fall. County ManaGer Dorrtll
pointed out that the Chalrman, Mayor and Chairman of the School Board
meet on a quarterly basis with their chief executives to discuss a
variety of fssues.
Commissioner Saunders requested that County Manager Dorr~l] pre-
pare an agenda for the Joint workshop.
R~OLt;TIO~ 89-187 APPOI~I~G JIM GLASS TO LELY GOLF
~AI~CATIO~ AD~ISORAr C~I~ - A~D
Admlnlstratlve Assistant to the Board Israelson stated that on
June 19, 1989, Mr. George Pearson notified the County of the reslgna-
t/on of Nr. Wayne Krlng and a press release was Issued fo~ the
vacancy. She explained that two resumes were received, one from M~.
Ha~ry Holloman and one from Mr. Jim Glass. She ]ndlcated that Staff
advised her Mr, Glass resides on Doral Circle and there is no ~epre-
sentattve from that area of the taxing d~str]ct. In response to
Co~tsstoner Shanahan, Ms. Israe]son stated that tt fs desirable to
· ~pread out the membership.
~sst~ ~se ~ed, seconded ~ Co~tsstone~
~:~1~ 4/0 t~t ~olutton 89-187 ~ adopted.
Page 57
JULY 25, 1989
12C
THAT TH~ SPOTLIGHT PUBLICATION BE CARRIED IN COLLIER COUNTY
LI~3tARI]C~ - NO ACTION
Mr. Paul Hoffman, a resident of Nap]es for il years, made a lengthy
presentation regarding a Petition with 125 signatures submitted to the
Board of County Commissioners on March 20, 1989 for inclusion of The
Spotlight in Collier County libraries. He stated that he is Chairman
of the Committee against Censorship in Libraries and President of the
Collier County Chapter of the Committee to Restore the Constitution
and spoke on behalf of the 125 residents of Collier Coutity who signed
the Petition. He noted that the Board of County Commissioners was
supplied with a copy of the remarks in favor of the Petition for a
speaker who could not be present. He emphasized that libraries form a
vital part of the world's system of communications and education, and
the residents of Collier County petltJon the Board of County
Commissioners to include "The Spotlight" in Collier County public
libraries. He stated that The Spotlight is published in Washington,
D.C., politically conservative, and noted for spotlighting issues that
are frequently distorted or ignored by the establishment p~:su. He
pointed out that the Library Director and Library Advisory Board
declare there is no interest in this publication, but al/ libraries
stock material that does not interest everyone. He indicated that
Lee County and other Florida public libraries carry The Spotlight, and
the patrons of Collier County Libraries deserve equal access to dif-
ferent points of view. He stated that Petitioners feel a wrong has
been committed and want it corrected. He noted that when this issue
was brought before the Board of County Commissioners previously, dec/-
sion was deferred by referral back to the Library Advisory Board. He
noted that the Library Director ducked the issue by blaming the
Library Advisory Board. He reminded the Board of County Commissioners
that the Library Board nor the Library Director make policy, the Board
of County Couissioners sets the policy and the Petitioners agree with
the Board's policy and ask the Board of County Commissioners to
Page 58
JULY 25, 1989
enforce that policy. He pointed out that a dangerous precedent has
been set and should not go unchallenged. He stated that in 1913 our
national constitutional republican form of government was transformed
into a federal democracy and this Is the root cause of our national
problems today. He indicated that the American public is not informed
because of the issue today: control of the information made available
to the public. He Illustrated that a lack of public knowledge has
resulted from this.
T~4
Mr. Hoffman commented that controlling information Is In direct
contradiction to library policy nationwide. He emphasized that the
purpose of the library is to provide Information on all points of
view. He stated that library policy forbids restricting information
for partisan reasons and the facts will prove that ]s why The
Spotlight ts banned. He pointed out that it was not banned for econo-
mic or any other reasons, and an excuse was offered that not enough
Interest warranted the small expense of buying The Spotlight; but 125
Petitioners say there Is intere~t. He detailed the facts and the
sequence of events verified by official records or in personal conver-
sations between htmsel~ and Mr. Demarest, the Library Director. He
noted that an Initial request was made by Mr. Bill Morse and himself
In November of 1984 and Mr. Demarest ~greed to review copies left. He
noted that significant events occurring are In the library minutes or
were told to him by Mr. Demarest and before an answer was given to
thel- request, a certain local Individual visited Mr. Demarest
advising him not to allow The Spotlight in the library. He stated
that following the visit of this individual Mr. Demarest received a
paper tit/ed "Extremism on the Right", a handbook publlshed by the
anti-defamation league of Bnal Brtth, and ip January 1985 at the
meeting of the Library Advisory Board "following the librarian's
report the Board members discussed the publication The Spotlight and
whether it should be added to the library's collection and Dr. Eckman
Page 59
SULY 25, 1989
auggest~t that the library policies be revised to include a clause on
selection criteria for controversial material. He stated that the
Director agreed and a committee was formed to revise the policy and
the repDrt was presented by the Committee. He noted that Margte Hall
moved that the committee's report on criteria for selection of contro-
versial material be forwarded to the Board cf County Commissioners for
approval and 3an Parker seconded the motion and it passed
unanimously."
He emphasized the time sequence and noted that a carefully worded
comprehensive policy change was drafted and approved in January 1985.
He stated that when request for approval in the policy change was for-
warded to the Board of County Commissioners, the County Manager recom-
mended that the request be changed to one asking for authorization to
make minor changes to a library policy without Commission approval.
Ne commented that adding a selection criteria for selection of contro-
versial material was not a minor change, but authority was granted
under Item 16C6 of the Consent Agenda on March 19, 198~. He stated
that prevented public discussion on the change and library policy gave
the Library Director responsibility under policy ~uldelines for
materials selected. He noted that the responsibility was avoided and
passed on to the Library Advisory Board and he was informed that their
request was denied. ~{e indicated that he requested a hearing before
the Library Advisory ~oard and appeared at the June 27, 1985 meeting
to ask why they objected to The Spotlight. l{e read a portion of the
minutes of the meeting.
Mr. Eoffman played a portion of a tape from the Board of County
Commissioners meeting on October 27, 1987 containing an exchange bet-
ween Co:~lsstoner Hasse and Mr. Demarest. In response to Commissioner
Saunders, Mr. Hof~man played the end of the sentence where Mr.
Demarest stated ~hat he did not reject The Spotlight because of con-
tent and Mr. Hoffman played a few words more and stated that "He
rambles on". M~. gcffman stated that Mr. Demarest was less than can-
Page 60
JULY 25, 1989
d~d tn stating co~tent had no bearing on the decision to ban this
periodical. He questioned Mr. Demarest's and the Library Advisory
Board's decision to change library policy to manufacture backing for
their decision7 He re.,erated the issue of intellectual freedom and
access to all points of view on any subject, controversial or not.
Mr. Hoffman stated that 125 people ace asking the librarian to
practice tntellectua? freedom and quoted Commissioner Hasse in the
tape he played s&ying "How do you kn~w there is no interest if you
don't make it avails, hie"? He commented that 125 people have requested
this publication .~nd asked if they are to be denied because this
ltbl ary admlnlstkatton does not like the point of view this publication
pr: sents? He reiterated that it was denied for partisan reasons and
no other publication takes the :;trong pro-American point of view that
the Spotlight does.
Mr. l[offman stated that when the information flow is blocked the
ability ~o know is hindered and our freedom is threatened, but the
First Amendment prote:ts free expression of ali competing views and
opinions leaving th.~ Individual free to (~etermine for himself which
views he deems to be true. He pointed out that when government
authorlt%, censors a viewpoint before it is expressed, the government
has set itself up as an arbiter of the truth, and stripped the
vie%~points of the rightful constitution, an action nothing short of
political t~ranny.
Commlssloner Shanahen questioned the other public libraries tn
addition to Lee County? Mr. Ho[fman responded that The Spotlight was
~n the Fort Myers Library, the Bonita Springs library, a library North
of Tampa, Spring HIll, Cape Cora] library and Lehigh Acres library at
:ne time. Commissione~ Hasse questioned if the cost of The
Spotlight ~;~s the reason it was not in the library? Mr. Hoffman
replied that the cost h~d been mentioned, and a gift subscrtptlon was
refused by Mr. Demarest. He emphasized that it must be subscribed to
by the Library so that it remains in the Library. Commissioner Volpe
Page 61
JULY 25, 1989
~estloned hc~w often The Spotlight ts published, and Mr. Hoffman
responded that it ~is a weekly paper. Commissioner Volpe expressed
concern that The New York Times, Chica~o Tribune or Los Angeles Times
are also desired per~odica]s, but the line must be drawn somewhere.
H,~ commented some periodicals are conservative and some are liberal,
but noted that the Library cannot carry all newspapers. In response
to Commissioner Volpe, Mr. Hoffman emphasized that certain people do
not like the posit!on The Spotlight takes.
William Morse from Henderson Creek Drive spoke In defense of The
Spotlight published by Liberty Lobby ]n Washington, D.C. He stated
that he hopes the Collier County Public Library will accept The
Spotlight. He noted that he has always regarded racism as unamer]can
and subversive, had never seen evidence of that in The Spotlight
or the LiDerty Lobby Newsletter because he would have d/scontfnued
his subscriptions. He provided his background, which consists of
b{!~ng extenslv~ly em?loyed by the Government.
Mr. Joe Grimm of 5310 4th Avenue Southwest, Naples, Florida noted
that the issue is a serious matter and the Library Director has
r,~fused to provide requested information about the practices of the
llbral-y administration, and has misled the Board of County
Commissioners at public hearings. Commissioner Saunders interrupted
to take exception about comments regarding County Staff lying to the
Board of County Commissioners. He emphasized that he has worked with
MT. Demarest ~or 7 years and has always found him to be forthright and
professional. He stated for the ~ecord that Mr. Grimm's comments
r~gard~ng Mr. Demares~'s qualifications are not a reflection of his
opinion or the rest of the Board of County Commissioners and Mr.
D,~marest has ,]one a fine Job, and requested that personalities be left
out of this d~scussion.
MT. Grimm reiterated h~s comments and noted that Mr. Hoffman pro-
v~ded evidence from the public records, which the Board of County
Commiusioners can examine. He stated theft Mr. Demarest destroyed a
Page 62
JULY 25, 1989
~,;cor¢ of the pub'ic ~eeting of the Library Advisory Board when the
· ,lbJect publication wa~ discussed,
Ccmmisslor, er Saunders commented that Mr. Demarest may want to take
n ,res of Mr. Grimm's statements because he has the right to sue for
e ~ander when ~ccused cf a criminal offense. Commissioner Saunders
r,:lte~ated hi~ .~u~por~. of Mr. Dem.~?est, and that he does not believe
t,~e allegations. He commented th.it he personally does not want to
][sten to Mr. Grtmm:s comments, bdt he has no choice. Mr. Grlmm noted
t~at he is exercising his right t0, address the Board of County
C,,m,,l~sloners. ~:-~ stated that Mr. Demarest has flagrantly stifled
p. irt~cipatton of and input by the public on this issue. He noted that
the Library Dlre~-::~r and his Advi. ory Board have exceeded to pressures
from a small numbe~ of zc/~g'Ious .~anatics who disagree with the edi-
torial pos]tigns c~t.the s~bJect p~:bllcation.
M~'. Grimm sta~ ed the 3oard of County Commissioners has an obliga-
tion to the [~copl~. of Collier Coup;fy to insure that the agencies of
t,~la %oard m~ _.t t}.~.-ir responsibll)ties to act in the interest of the
c.~t~z~ns of C)]~]t r C~unty. He n, ted that the small number of people
who want to ogs~rt3t the public's access to information he respects
their eight t ) be]-.e, ~ what they ,-,iii and to try and convince others
of their pofn~ of ,'ieee, but reJec~ and resents their efforts to deny
other~ the opport'~n]ty to be informed about particular facts. He
emphasized that -e fohnd it appal,.ing ar~ agent o.f the Board of County
Cr~mmi~sioners acticsly participat~s in and supporvs the efforts of
those obstructions. He requested~the [~oard of County Commissioners
take action to open the admin]str~tion of Collier County libraries, to
protect records of puLlic meeting , ho3d the Library Director accoun-
table for h~s acti ~ns and make th~ public library an organ of broad
]nformation for the citizens of C,.llier County.
C(~m~lssfone~ .~.~unders apolo~J...ed for Mr. Grimm's uncalled for and
false statement,s. He pointed out that any credibility of the
PetitJoners is i.~ur t by :,pealers s~ ch as Mr. Grimm. Commissioner Hasse
Page 63
JULY 25, 1989
concurred.
In response to Commissioner Hasse, Mr. Demarest, Library D~rector
est/mated that ~t the headquarter:~ library, fewer than 10 periodicals
are subscribed :~,. tn r~:sponse to Commissioner Shanahan, Mr. Demarest
responded that th,? M.~rco Island Eagle is carried at headquarters and
Marco Island.
Mr. Demarest r]tated that the criteria used to Judge The Spotlight
deals with research based upon printed reviews. He noted that he had
researched the Issue 5 years ago when Mr. Hoffman first brought it to
his attention, .~nd l~d~cated that he could not find a library J.n the
State of Florida, tha~3 held the newsp.]per. He emphasized that he could
ngt Justify the e×pendlture of public funds for a per~odical for which
no requcJts had been received and to which no other l~brar~; ~n the
State subscribe.~ to. He stated that The Spotlight had received a
d.?r~jatory v~ew ~n the L~brary Trade Publicat~on and quoted th~. short
review publisheq by Gale Publl.~hers, one of the two major llbra~ry
p':bllshers: "N , attempt to give both sides is claimed by the
p'lbl~[shers of t)ts radical right tabloid. This periodical is not as
close to the lu~.atic fringe as Is the Nazi's White Power which is
annotated below Bot}~ tabloids believe that the Holocaust did not
r,:al]y happen. Other typical topics are subversive metric system,
America's viole~:t teenagers, ads ind~cate the type of reader this
newspaper appea~!s to: myth of the six mill.ion books, brass knuckles,
knives, hair gr,:wth potions, other miracle cures, blow guns, laser
pistols and swa~ st~cka flags are some ltemu that are offered for sale.
L.~ke American Ol,inion it pushes the t, ig conspiracy theory, although
not as smoothly ms the other, the Liberty Lobby has been found to be
anti-semetic fo). manS, years. Libraries sensitive to anti Jewish
b[gotry wi]] pr,,bab]y want to abstain from carrying this tabloid". He
emphasized that ~ue to this '-:trongly worded review and based upon the
information ava~ ]able to him, he could not Justify the expend~[ture of
public funds fo). this periodical. He pointed out that he made it
Page 64
JULY 25, 1989
clear to Mr. Hoffman that there were other avenues to be tnveetigated
and the Library Advisory Board was willing to review any decisions
that he made and that ~ould be the most appropriate place to purs'Je
this matter. He explained that he has done so with both the Library
Advisory Board and the Board of County Commissioners. He lndtc~ted
that the religious zealots referred to by Mr. Grimm are the Jew.!sh com-
vanity in this area who have expressed concern about this publication.
H9 noted that antt-defa~atJon league material was sent by a member of
the 3ewlsh community and admitted that it may have been inappropriate
to distribute to the Library Board wtthout their requesting it, but It
was some information, a~ opposed to none.
Commissioner Hasse guesttoned if foreign language publications are
tn the library7 Mr. Demarest responded publications are published
o~1tslde of the U.S. tn English, i.e. from the Chinese government,
Soviet Life, Mexico, France, Great Britain, etc. 3ommlsstoner Hasse
q'Jesttoned If Mr. Demarest would carry The Spotlight ]n the library ]f
Mr. Hoffman donated it? Mr. Demarest responded that if the Board of
County Commissioners directs him to, but he cannot Justify carryJng a
perlodtcal for which he has had next to no requests. He stated that
Mr. Hoffman, Mr. Morse and one or two other individuals in the last §
years have requested this periodical. He indicated that there seems
to be little reason to carry this pub3~cation, and indicated that
there are many publ~cations on the priority list for inclusion in the
library headquarters that cannot be funded at present.
Commissioner Saunders emphasized that the issue has not been and
is not one of censorship. He noted that the Board of County
Commissioners and the Library Advisory Board and the Library Director
are not engaged ]n censorship. He stated that procedures follcwed to
determine which periodicals or newspapers go to the library are the
1ssue. He explained that the Board of County Commissioners has glven
the Library Advl:~ory Board authority to review all potential items
based on the best information they Gather. He indicated that he sees
Page 65
JULY 25, 1989
no reason to overrule the Library Advisory Board.
Commissioner Hasse suggested that Mr. Hoffman make an appeal to
the new members of the Library Advisory Board. County Manager Dorrill
and Commissioner Volpe stated that the issue remains the same. Mr.
Dorrtll stated that unless the Board of County Commissioners wishes to
change their policy and take act]on on the periodicals, there is no
area Staff can be directed to examine.
A discussion followed about the policy of the Library Advisory
Board.
Mr. Hoffman commented that the Library Advisory Board has refused
to allow them to present their case.
It~ ISA
O~D~ ~I~NATI~O ~ S~I~ O~ CO~I~ ¢OUW~ ~ ~I~
COI~CTIO~AL OFFICER O~ ~ C0~ CO~IO~ ~ST~ ~~ TO
~DA ~A~_951.06~ T0 BE DR~D
C~i~mi~er S~ moved, seconded ~ Co~lss~one~ H~se ~d
c~I~ 4/0 t~t Staff ~ directed to draft ~ Ord~.n~ce des~ting
~ ~erIff of Collier C~ty Chief Correctional Officer of the C~ty
~ttal ~t~.
Co~tssimr StmrmJm~ ~oved, meconded by Co"-testoner ~saa
lm~l carried l/O, that the following Items under the Consent
~ be a~r~rc~ and/or adopted:
It~m#li&l
I~AL OF STRUCTURE AT 302 SOUTH FIRST STREET, IMMOKALEE COMPLETED BY
~ SEA~ EI~I~q~ISR~ AT A COST OF $4,400.00 - APPROVED
Case #Z-89-11127 the property owner is responsible under Collier
County Ordinance 76-60 for costs associated with this contracted acti-
vity. In the event that timely payment is not received, proceedings
To recover the amounts owed by action against the property shall be
commenced.
i~ov~r, oF STa~-TVaZ AT 306 sowr~ SECOND srazZT, ~M~O~aL~Z COUrt,rED
!~ rm~z SEAS mrrzaF~zsEs a_r a COST OF $1,680.00
Case #Z-89-11102 the property owner is responsible under Collier
County Ordinance 76-60 for costs associated with this contracted actt-
Page 66
JULY 25, 1989
vlty. In the event that timely payment is not received, proceedings
to recover the amounts owed by action against the property shall be
commenced.
Item ~l&A3
~ A~ A~D GRANT AGREEMENT FOR RENTAL REHABILITATION PRO(~I~AM
~fITN TH~ U.S. DEPART1qE~fT OF ROUSING AND URBAN DEVELOI~6ENT
PJ~OL~TION $9-1S8 REDUCING SPEED LIMIT ON A PORTION OF RADIO ROAD;
~LUTION 89-189 REDUCING SPEED LIMIT ON C.R. 951BE/'WEE~ GREEN
~VLHW.AP,~_. TO RO~ 0F V~.E~ILT B~CR ROAD
See Page3 ~/- ~_/ ~ g/. J,/
It~ ~14B2
Itu ~14B3
I~E~OLUTION 89-190 ~]~RESSING CONCERN REGARDING INCREASED VEHICULAR
T~3~FIC ON STATE ~OAD 29 AND REQUESTING Tug FLORIDA DEPA~ OF
T~ATION TO EVALUATE THE NEED TO IMPROVE STATE ROAD 29 FROM THE
.lq~~~ NDNT~ TO U.S. 27
Itu #24~4
See Page . ~/'-- ~,___//
89-29! JOINT PARTICIPATION AGREEME.FI' WITlt ~ ~ORIDA
OF ~KTATION ~R ~ ~P~TION OF ~ AI~ ~
~ ~ES AI~ IN ~ ~ NOT TO K~_~ $2,000.00
I~CORDATION OF CERTIFIED RIGI{T-OF-WAY MAP FOR SANTA BARBARA BLVD.
J~ION, 2IINCTION GREEN BOULEVARD NORTq{ TO JUNCTION LO~AN BOULEVARD
AVENUE SOU/qTWEST, AND AUTHORIZATION TO INITIATE APPRAISALS FOR
~(~UISITION OF RIGT{T-OF-WAY IN THE AMOUNT OF $2~__0.000.00
See Page _~OCUMErtTHO! R£~[IVED I~1 CLERK TO BOARD OFFICE
C~NCELL&TION OF AWARD OF CONTRACT TO QUALITY CARE SERVICE CORPORATION
D/B/A KI~BERL¥ QUALITY CARE UNDL,~ BID NO. 88-1292 FOR SERVICES UNDER
~ ~TY.C__~._FOR ~ ELD__ER~_.y PROGRAM
Item ~14C2
~ZSOLUTION 89-192 FOR SUBMISSION OF APPLICATION FOR LIBRARy SERVICES
~fD OO~ION ACT, TITLE II, FOR STATE OF FLORIDA LIBrARy
~~ON ~ FOR ~t~E ADDITION TO TRE LIBRA/~y H~UARTER~ -
:.::. g. I0
Page 67
JULY 25, 1989
Item ,14D1
sm IL,TY ,ACiLmEs - - UITC i. EED
Recorded tn O.R. Book ~ , Pages
Item ,1411
~'IKCHASE AGI~A"EM~]TT AND STATUTORY DEXD BETWEEN COLLIER COUNTY AND JII~WY
C. GIBSON A~D JOANN GIBSON, RE SALE OF PROPERTY IN GOLDEN GATE ESTATES
IN TaX A~S~WT OF $~,500.00
See pages 7/-~, / ~X ?
Item ~1412
P01tC]~%~ ~ AITD STATUTORY DEED BETWEEN COLLIER COUNTY AND
AV&T&~ I~tOPEIrTIES, INC. ~ S~l Or ~OP~ IN GOLDEN GA~ K~A~S IN
~ ~ OF ~8,ooo.oo
Xtem ff14E3
I~tC~J~K &GR.EZX~MT AMD STATUTORY DEED BETWEEN COLLIER COUITTY A]/D FleD
H. ]~MT ltZ SAL~ 0F ~OP~ IN GOLD~ GA~ ESTA~S IN ~ ~ 0F
~soo.oo
Item ~14K4
PURCHASE A(IRE~EIFT AND STATUTORY DEED BETWEEN COLLIER COUNTY AND
AVATAR PROP~lqTIEI, INC. RE SALE OF PROPERTY IN GOLDEN GATE ESTATES IN
THE AMOUNT OF 2 500.00
Item #14E5
AGI*~E~(~WT AWD STATUTORY DEED BETWEEN COLLIER COUNT~ AND IL
SALE OF PROI~TY IN GOLDEN GATE ~STATES IN T~ AMOUNT OF
Iteu#14E7
BID ~9-I439 IN TH~ AMOUNT OF APPROXIMATLY $50,000.00 FOR P~RIODIC
CLERICAL STAFFING - AW~DKD
Legal notice was published in th~ Naples Dally News on
June 15, 1989.
Item ~llH1
Page 68
YU'LY 25. 1989
&~ZATIO~ FOR STA~F TO ADVERTISE AND RECEIVE BIDS FOR CONSTRUCTION
~ ~ ~ I~ B~ ~TION ~O~
It~ ~14H2
~PPROgAL OF COISE]QT AGENDA I~ BY ~g COURTY ~I~I'AGER DURIRG THE
BO&RD'S KEC'~SS JUNE 14 THROUGH 3'ULY 17~ 19~9
PT~AT - BERKSHIRE ~K~Sx UNIT 4
See Pa~e$ ~~,. /_~-~.ff
~T - B~IRE ~ES~,~IT 3
7- 7
~ S~ FACILI~ES~CC~r~n - ~u~ ~ AT ~GO ~RDE,
III
Recorded in O.R. Book !456, Pages 1429-1457
FACILITIES ACCEPTANCX - WOODSIDE LAN~S BOWLING ALLL~Y
Recorded in O.R. Book 145Z, Pages 2239-2257
FACILITIES ACCEPTANCE - LONGSHORE LAK~, PH~E I-B
Recorded in O.R. Book 1461 Pages 1914 1962
~ATE~ A~D SEWER FACILITIES ACCEPTANCE - QUAIL CREEK VILLAGE, PHASE
I-A A~D IIB, PHASE II-A AND 0~AIL NEST
Itss el4I
Recorded tn O.R. Book 1457, Pages 1415-1556
R~LOTI(~ 8~-*193 APPROVING TH~ APPOINTMENT OF LYNETTE WOLFENDALE FOR
i ~ ~ ~ ON XaE COLLILrR COUI~I'Y INDUSTRIAL DE'FL~LO~
See Page
It~ el4J!
SATISFACTION OF LIENS FOR SERVICES OF ~ PUBLIC DEFENDER
Item ~14J
See Pages
N/~'~LLAN~OUS CORRESPONDENCE - FILED AND/OR R~F~RR~D
The following miscellaneous correspondence was filed and/oB.
referred to the various departments as indicated below:
1. Letter dated 7/13/89 from Johanna M. Miller, Accountant, Area
Agency on Aging, enclosing annual required fiscal monitoring report
for Collie; County Senior Services. xc: Kevin O'Donnell and
flied.
2o
Letter dated 6/8/6 ~ from Philip R. Edwards, Deputy Assistant
Secretary, DER, at':achlng final copy of Consent Order OGC Case No.
89-0183 to resolve violations noted in the complaint, xc: Bt2I
Lorenz with original agreement, and filed.
Copy of Letter dated 6/30/89 to Barbara Henderson Cawley, Wilson,
Miller, Barton, Soll& Peek, Inc., from Kirby B. Green, III, I)NR,
Page 69
JULY 25, 1989
approving time extension for permit file number C0-173, Equity
Sound Development Group. xc: BIll Lorenz and flied.
Copy of letter dated 7/C6/89 to Walter D. Stephens, Ft. Myers
Transportation Engineering Director, from DER, adv]sinG of advance
notice of expiration, Permit File Number LE-223 Lee County. xc:
Bill Lorenz and filed. '
Copy of letter dated 7/6/89 to Ms. Priscilla Williams, from
Richard White, Administrator, DNR, advising of advance notice of
expiration Permit File Number FR-222, Priscilla p. Williams, xc:
Bill Lorenz and filed.
Copy of letter dated 7/6/89 to W. J. Johnson & Associates, from
Richard White, Administrator, DNR, advising of advance notice of
expiration, Permit File Number CO-145, Embassy Club of Naples
Inc. xc: Bill Lorenz and filed. '
Letter dated 7/10/89 from C. Fred Jones, Chairman, Florida House
of Representatives, advising that on October 18-20, a special
session of th,~ Legislature has been called to specifically
address trans[ortation matters and enclosing a survey requesting
a response by L'uly 31, 1989. xc: Nel/ Dorrlll George Archibald
and filed. '
Letter dated 7/12/89 from C. W. Mathys, Division Engineering
Manager, Florida Power & Light Company, regarding Public Notice
permit Application No. 89IPP-20236, Dept. of the Army, Corps of
Eng]neers, DER Application No. 111602529 xc: George Archibald
and filed. '
Letter dated 7/13/89 from G]orlda Woods, Sr. Human Services
Pro,ram Specialist, HRS, regarding 1989-90 Emergency Medical
Services (EMS) County Grant Application. xc: Neil Dorrlll James
Reardon and filed. '
10. Letter dated 6/29/89 from J.W. Warton, Service Manager, 3 & M
Pump Service, Inc. advising that they have been notified by Marley
Pump Company, "Red Jacket" that there is a potential problem per-
tainlng to Piston Leak Detectors Model #116-030 (PDS's
Carnell and fi/ed. · xc: Steve
11. Minutes received and filed:
A. 6/15/89, 6/29/89, 7/6/89 - CCPC and 7/20/89 Agenda
B. 5/18/89 - Parks and Recreation Advisory Board and 7/20/89
Agenda
7/13/89 - F/re and Consolidation Study Group and 7/20/89
Agenda
12. Letter dated 6/30/89 from Mary Uyeda, D/rector, County Health
Policy Center, NACO, enclosing survey regarding Collier County's
role In the delivery of mental health se~"" ,s. xc: ~euln
O'Donnell and filed.
13. 7/13/89 Notice to Owner from Patent Scaffolding Company advising
that they have furnished scaffold, scaffolding, materials &
hauling for improvement to Collier County Courthouse, under an
order given by AtlantJc Fire Protection. xc: Neil Dorrill and
Skip Camp and fl/ed.
14. 7/12/89 Notice to Owner from Borrell Electric Co., Inc. advising
that they have furnished furniture and installed fenwal halon 1301
F/S system for Improvement of property at the Collier County
Page 70
JULY 25, 1989
Government Complex under an order given by Rainbow Electric
(H44631BL). xc: Skip Camp, Tom Conrecode and flied.
15. Petition dated 5/22/89 from Concerned People of Marco Island sup-
portinG the decision to widen S. R. 951 and to finance the project
through a combination of gasoline taxes, impact fees and tolls.
xc: BCC, George Archibald and filed.
16. Letter dated 7/10/89 from Walter Ward, South Florida Water
Management District, advisinG that the app]lcatlon for a Water Use
permit is complete for North Naples Community Park, #890525-2.
xc: Kevtn O'Donnell, Mike Arnold and flied.
17. Letter dated 7/12/89 from Tony Waterhouse, Assistant Director,
South Florida Water Management District, advising that application
for a Surface Water Management permit ts complete, xc: Nell
Dorrtll, George Archibald and filed.
18. Letter dated 6/28/89 from Wayne E. Daltry, Executive Director,
SWFRPC, regarding Regency Villages of Naples Application for Deve-
lopment Approval, DRI #12-8889-86. xc: Netl Dorrtll and filed.
19. Memorandum dated 6/30/89 from Peter N. Stowell, Director,
Southeastern Area, regarding Notice of Competitive Services Board
xc: 3elf Perry and flied. '
20. Letter dated 7/!0/89 from Rebecca I. Osborne, United Service
Agency, Inc., advising that license & permit bond for
APAC-F]ortda, Inc. is no longer needed. ×c: 3elf Walker
George Archibald and filed. '
There being no further busfness for the Good of the County, the
meeting was adjourned by Order of the Chair - Time: 2:50 P.M.
BOARD OF COUNTY COMMISSIONERS/
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS
CONTROL
BURT L SAUNDERS CHAIRMAN
ATTEST:
JAMES C. GILES, CLERK
as presented ~"'/ or as corrected
Page 71