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BCC Minutes 02/02/1988 R nap I, ';', I" " I dd, februa,y 2., 1.988 LET IT BE HEMf:MB¡';Ht-;O, that the Hoard of County -:ommissioners in and for the County of Collier, and also acting as the Board or Zoning Appeals and as the governing boardCs) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 A.M. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Arnold Lee Glass VICE-CHAIRMAN: Burt L. Saunders John A. Pistor Max A. Hasse Anne Goodnight ALSO PRESElIT: James C. Giles, Clerk; John Yonkosky, Finance Director; Maureen Kenyon and Ellie Hoffman CIO:40 A.M.), Deputy Clerks; Neil Oorri1l, County Manager; Ron McLemore, Assistant County Mðnager; Tom Olliff, Assistant to the County Manager; Ken Cuyler, County Attorney; Bruce Anderson, Assistant County Attorney; Tom Crandall, Utilities Admin'strator; George Archibald, Public Works Administrator; Kevin O'Donnell, Public Services Administrator; David Pettrow, Community Development Administrator; Ann McKim, Planning/ Zoning Director; David Weeks, Robert Duane, and Philip Scheaf, Planners; Jeff Perry, MPO Director; Leo Ochs, Administrative Service~ Administrator; Nancy Israelson, Administrative Assistant to the Board; and Deputy Chief Ray Uðrn~tt, Sheriff's OCpartmcnt. Page 1 aoO'( 111 ,ar.t 278 '-"'-'-"'-' 800c 111 IIi",! 283 FEBRUARY 2,1988 Tape'l It.. '3 AGEJrDA - APflWVED AS PRESElfTED cO8ai..ioner Ba..e moved, .econded by comai..ioner Saunder8 and carried unanimously, that the agenda be approved a. pre.ented. xt.. '41. IUJltJ'TBB OF JABUARY 12, AJfI) JAJft1ARY 19, 1988 - APPROVED AS PRBSEXTED c088i8.ioner Bas.e moved, .econded by Comai.8ioner Saunders and carried unanimously, that the minutes of January 12 and January 19, 1988, be approved as presented. It.. 'SA JOB AUWSTTØ RECOGNIZED AS EMPLOYEE OJ' THE MOlfTB FOR FEBRUARY Commissioner Class read ~ letter recognizing John Augustyn, Utilities Department, as E~ployee of the Month for February and indi- cating that he will also receive an additional $50 in his next check. It- "Bl ORDIKABCB 88-9 RE ZO-87-16C, COKKVØITY DEV. DIV. AKEKDI.G ORD. 82-2, BECTle. 7.24, C- 5, R.E OUTDOOR STORAGE YARDS - ADOPTED Legal notice having been published in the Naples Daily News on January I, 1988, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition Zo-87-16C, filed by Community Development Division requesting an amendment to Ordinance 82-2, the Comprehensive Zoning Regutations for the unincor- porated area of Collier County, Florida, by amending Section 7.24, Page 2 ~ -,-----.", 0< . FEBRUARY 2, 1988 C-5, Co.øercial Industrial District, Subscction 7.24.b.l)(n), to add the word .opaquc. and delete the word "solid" in the restrictions for outdoor storage yards. Planner Weeks stated that this is a housecleåning item and is simply to provide clarity for outdoor storage areas and lots. He noted that there has been a misunderstanding as to what solid fence or wall .cans and the recommendation is to change the language to read .solid opaque fence or wall", adding that CCPC recommended that it be coøpletely enclosed by a solid opaque fence or wall. He stated that there has been confusion as to whether solid fence or wall referred to an opaque fence or wall or just a continuous fence or wall which may or may not be opaque. He indicated by inserting the word opaque would clarify this. He noted that CCPe is also requesting that the word .opaque. be defined in the Zoning Ordinance. CO8ais8ioner Pistor Doved, seconded by Comaissioner Goodnight and carried unaniaously, that the public bearing be closed. coaaissioner pi.tor moved, seconded by Coaai8sioner Goodnight and carried unaniaously, tbat the Ordinance as numbered and titled below be adopted and entered into ordinance Book 29: ORDIHAllCE 88-9 AN ORDINANCE AMENDING ORDINANCE 82-2, THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING SECTION 7.24, C-5, COMMERCIAL INDUSTRIAL DISTRICT, SUBSECTION 7.24.b.l)(n), TO ADD THE WORD .OPAQUE. AND DELETE THE WORK "SOLID" IN THE RESTRICTIONS FOR OUTDOOR STORAGE YARDS; AND TO PROVIDE AN EFFECTIVE DATE. Page 3 BOOI( 111 111':t284 ; --'_C^'-".".. loa 111 w.t. 285 FEBRUARY 2, 1988 It.. "82 ORDIJIAIICZ .8-10 RE R-87-29C, VIes, ASSOC. UPR. ..J. DBVBLOPDJIT - J . V. I., U UZOKE FROM 1\-2 AXD 1\-2 "BT" TO Pt11) DOn AS TJ[]J SBAIlROCK COtTJITRy CLUB - ADOPTED Legal notice having been published in the Naples Daily News on January I, 1988, as evidenced by Affidavit of Publication .filed with the Clerk, public hearing was opened to consider Petition R-87-29C, filed by Vines & Associates rQpresenting N.J. Development - J.V.I., requesting rezone from A-2 and A-2 "ST" to PUD known as the Shamrock Country Club for 550 single and multi-family dwelling u1its, an l8 hole golf course, country club and associated social and recreational facilities in conjunction with the golf course, for property located on the south side of Davis 31vd., west of C.R. 951 in Sections 4, 9 and lO, Township 50 South, Range 26 East, 523~ acres. Planner Duane noted that the project includes two cul-de-sacs that are one .ile in length and surrounded by transitional wetlands. He noted that lands to t~e north are the Twelve Lakes PUD which was approved for 1,310 dwelling units. He indicated that the gross den- sity of this project is one unit per acre and is compatible with surrounding land use. He stated that this'project received favorable response from the Planning and Zoning staff, but there is one issue that should be resolved, noting that the MPO study that has been adopted calls for two collector roads through the project. He indi- cated that one is in the southerly portion in an easterly-westerly Page 4 FEBRUARY 2, 1988 directi~n and th~ p~titioner has agreed to reserve said right-of-way. He noted that there is also ð need for a north-south collector that is in the area of the proposed country club complex. He stated that this is of questionable value to the petitioner and he has not agreed to reserve the right-of-way for this north-south coilector road. He indicated that another issue that was brought up WðS the lack of an access road to C.R. 95l, adding that the petitioner agreed to an e.ergency ingress and egress from C.R. 951. He stated that the CCPC and Staff recommend that this petition be approved subject to modifi- cations that are included in the Executive Summary dated February 2, 1988. He noted that the matter of the north-south collector road needs to be resolved, but CCPC has recommended that the right-of-WðY not be reserved and Staff has recommended that it be reserved. He indicated that no correspondence has been received for or against the petition. HPO Director Perry stat~d that the north-south collector road would bisect the eastern arm of the project, noting that MPO studies have determined that there sholild be a north-south collector in this area between Davis Blvd. and R¿ttlesnake Hammock. He indicated that there will be a need for this road and will serve projects in the area. He stated that there may be environmental problems but staff is not in a position to say that this road will not be needed. He noted that it may not be needed for 20 years, but if the right-of-way is Page 5 ;-"~ 111 ~'.1 286 -'<._."~'.,,-, , .. 111 rYo! 287 FEBRUARY 2, 1988 reserved, there will not be any problem, adding that the County does have the authority to proceed with eminent domain powers if the pet i- tioner does not reserve the needed right-or-way, which could disrupt the entire project. Co.missioner Pistor stated that he does not feel that this road would be a necessity if Santa Barbara Blvd. is going to go through to Rattlesnake Hammock and also noted that a north-south road on that curve of Davis Blvd. would not be that wise. Hr. Perry indicated that if such a north-south collector road were put in, the traffic movement in the area would be better. He noted that if future projects in the area were to build at a higher density, this road would be needed and could create problems if it were not built. C~issioner Saunders stated that this project cannot be held up because of this roadway, adding that MPO feels that the road will be needed but is not certain if permits will be able to be obtained and the CCPC feels that the road is not needed, adding that the County can always acquire it through eminent domain powers if it is necessary. County Attorney Cuyler stat~d that the roadway is not a designated roadway and is not something that the County has decided on, adding that he does not feel at this point, that this is something that can be aandated. Hr. William Vines, representing the Petitioner, stated that the Page 6 ---_._,,_., -,. FEBRUARY 2, 1988 access to this project from C.R. 951 is planned to accommodate all appropriate emergency access, adding that he met with the Sheriff, fire district officials and the EMS Director to determlne the kinds of access that would be needed and the gate facilities in order to accom- modate the request which has been added to the PUD document. He noted that the owners and guests will have access from Davis Blvd. through a gated system as people seem to like this feeling of security in their neighborhood and no possibility of having short-cutting traffic speeding through their development. Tape 12 Hr. Vines referred to the overhead map indicating the areas of development and the areas of wetlands, noting that the DER, ~he Corps of Engineers, the SFWMD and the NRMD all contributed towards the layout and development of the plan. He noted that all interests have been acco..oðated and approvals from all agencies have been obtained. He noted that there are a number of stipulations built into the PUD docu.ent that the petitioner concurs with, but the reservation of the north-south right-of-way for a collector road is not something the petitioner agrees with as this area will not need such a road as all areas around this property cannot be developed because of the wetlands. He indicated that the density 'in this entire area could not He noted that the County does not build collector roads, the be high. developers do. H~ stated that the County builds arterial roadways, aoox 111 lIS'.' 288 Page 7 ~ aoO( 111 py~ 289 2/23/88 HJrICN UJtQ~.:J.U) ro RFJ\D: Camtissiooer Q:xJdnight DCYed to approve Petit:ia1 R-87-29C S\.bject to stipulat:.ior.s of the P1ann.in:J Council. "After looking at this pt~ road I just dcn't see a need for it. " FEBRUARY 2, 1988 and intervening streets that serve individual developments will be built by the developer. He stated that he has no problem with reserving the right-or-way for the east-west collector road for the future. c088i8sioner Pistor moved, seconded by Comais8ioner GoodDiqht and carried unaniaously, that the public bearing be closed. C088i8sioner Goodnight moved, 8econded by Coaai.sioner pi.tor and carried unanicously, that the ordinance as numbered and titled below be adopted and entered into Ordinance Book 110.29: *See IIDtioo at top of P9. ~ ORDIIIAJCCE 88-10 AN ORDINANCE AMENDING ORDI~ANCE 82-2 THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE ZONING ATLAS MAP NUMBER 50-26-2 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A-2 AND A-2 "STN TO "PUD", PLANNED UNIT DEVELOPMENT KNOWN AS SHAMROCK COUNTRY CLUB, FOR 550 SINGLE AND MULTI-FAMILY DWELLING UNITS, AN l8 HOLE GOLF COURSE, COUNTRY CLUB AND ASSOCIATED SOCIAL AND RECREATIONAL FACILITIES IN CONJUNCTION WITH THE GOLF COURSE, FOR PROPERTY LOCATED ON THE SOUTH SIDE OF DAVIS BOULEVARD, WEST Of CR-95l IN SECTION 4, 9 AND 10, TOWNSHIP 50 SOUTH, RANGE 26 EAST, 523~ ACRES; AND PROVIDING AN EFFECTIVE DATE. It.. '7Al USO~IOII 88-35 RE V-87-20, ROBERT' TERRY GREER, RE A 15' VARIAlfCB FROM TO REQUIRED WATERFROlfT (;ETBACK FOR PROPERTY LOCATED 011 GOLDElmOD AV~.O~, MARCO ISLAND - ADOPTED FOR A 10' VARIAIICE Legal notice having been published in the Naples Daily News on January l7, 1988, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition V-87-20, filed by Robert & Terry Greer, requesting a 15 foot variance from the Page 8 rEBRUARY 2, 1988 required wtterfront setback of 25 feet to lO feet for property located on the north side of Goldenrod Avenue approximately 250 feet southwest of Bald Eðgle Drive on "'arco Island. Planner Weeks stated that this is to allow construction of a single-fa.ily residence. He stated that the lot.is rectangular in shape and contains 8,800 square feet and is bordered on the north and west by two waterways even th?ugh the plat maps show a lot to the west, on the east by another lot, and on the south by a road. He noted that the waterfront yards have the same setback requirement as a rear yard, which means the subject lot is considered to have two rear yards and the proposed house will encroach l5 feet into the west rear yard setback. He noted that these type lots are not unusual on Marco Island, but they are typically much larger, therefore, in reviewing this petition based on the lequired criteria, Staff feels that there is a land related hardship and is recommending approval. Commissioner Pistor stated that if this house is constructed lO feet from the waterway, it could present a problem because many of the deadaen holding up the seawalls are 12 feet back. He noted that if the tieback on a seaw~ll rusts away and deteriorates, there could be a øajor problem if the house wa£ set back only 10 feet from the water. He stated that he would feel more comfortable if the house set back l5 feet, which would mean a lO foot variance. Public Works Administrator Archibald stated that the anchoring of Page 9 '* 111..r.1 290 '* 111 '&'.1. 291 FEBRUARY 2,1988 a seawall is typically set back more than lO feet. Mrs. Terry Greer, Petitioner, stated that the house is to be in excess of l,600 square feet and if the major concern is the seawall regulations, they could meet the 10 foot variance instead of a lS foot variance. c~ssioner pistor aoved, seconded by commissioner Saunders and carried unanimously, that the public hearing be clo.ed. c088issioner Pistor moved, seconded by Commissioner Basse and carried unanimously, that Resolution 88-35 re Petition V-87-20, Robert and Terry Greer, requesting a 15 foot variance fro. the required waterfront setback of 25 feet to 10 feet for property located on the north side of Goldenrod Avenue, Marco Island, be adopted subject to a 10 toot variance instead of e 15 foot variance. Page 10 -'-«--'.--- ... FEBRUARY 2, 1988 xt- '.1. PERMIT nz WAIVED FOR RtnOIAG£ S~LB Olf J'EBRUARY " 1988 FOR TBB COLLIBR COu.rY YOOKG AMERICAN BOWLIIfG ALLIANCES Mrs. Kathy Fort, representing the Collier County Young American Bowling Alliances, stated that this organization.is the largest organized sport for children in the United States. She stated that she is present to ask the Board to waive the permit fee of $45.00 in order to hold a rummage sale on February 6, 1988, at the Goodlette Strikes' Spares Bowling Alley. She stated that the purpose of the ru~ge sale is to raise money for the scholarship fund for the children. CO88issioner Goodnight aoved, seconded by Comai8sioner Saunders and carried unanimously, that the $45.00 permit tee be waived tor the ru.aaqe .ale on 2/6/88 tor the Collier county Young American Bowling Alliances at the Goodlette strikes' Spares Bowling Alley. It.. f9Al COKPBTITIVB BIDDING/S£LECTIOIf PROCESS WAIVED. COIfTRACT ~TH BEKDBRSON, YOOKG , CO., IIfC. TO t1PD~TE THE CAPITAL IMPROV'EIŒlf'l BLEJŒJrl' OJ' THB GROWTH MAIo.GEHENT PLAN - ~PPROVED Growth Management Dlrector Fitzpatrick stated that the purpose of this item is to ask that the Commission waive the competitive bidding and selection process and to approve a contract with Henderson, Young 'Co., Inc. in order for them to provide assistance to staff in setting up an in-house process for monitoring and updating the service of level standards that are required by law, to continue to research Page 11 aooc 111 Pi'.! 294 "..--. "",.,..,,--,-- '* 111 n~J. 295 FEBRUARY 2,1988 the issues and policies that the Department of Community Affairs has not yet released and to assist staff in updating the Cðptiðl løprovesent Element prior to August I, 1988, which is the submittal date. Co88Í8sioner Goodnight aoved, seconded by Coaais8ioner Saunders an4 carried unanimously, that the coapetitive bidding and selection proce8s be waived and that the contract with Benderson, Young' Co., IDC., to update the capital Iaprov..ent Bl..ent of the Growth KaDaq...nt Plan be approved in an ..aunt not to exc.ed $25,000. Page 12 - - - 'i. ",. ~'. lOGe 111 II~ 305 ,;' , k FEBRU^RY 2, 1988 It.. f9Bl PROCESSIBG FEB FOR A PROVISIOKAL USE PETITIOK BY THE PDOT - WAIVED Public Works Administrator Archibald stated that this request is to waive the processing fee for the FOOT, adding that the Fort Myers office is using an existing home that has been condemned in Golden Gate Estates as an inspection office for the 1-75 project. He stated that in order for them to conti"nue to use that home, they must apply for a provisional use and they áre asking that the $800 fee for the filing of that provisional use be waived. Co8aÍssioner Pistor moved, seconded by coaaissioner Baa.. and carried unanimously, that the proce..ing fee tor a provisional use petition by the FOOT be waived. It.. f9B2 LEASB-PURC'JlASB OF A SCREEK PLA.'1'1' FROM POWBRSCREEJI OF FLORIDA, INC. FOR LAKDPILL KIXI.O ACTIVITIES - APPROVED Public Works Administrator Archibald stated that this is an interi. report on the landfill mining activities and a recommendation to continue that activity based on results received to date. He noted that on October 20, 1987, the Board of County Commissioners approved $40,000 to try different equipment. He indicated that the powerscreen suppliers modified their stock unit to accommodate the diversity of co_ponents in the buried wastes. He noted that $40,000 was appropriated for this expense and to date only $22,000 has been spent. He noted that with the monies remaining, he would like to continue the Page 13 - - - ~."""","-...~".,, " " FEBRUARY 2, 1988 activities. He noted that the equipment that he is looking at for the next step in the process is much larger but he feels that he can con- tinue to process material deposited at the landfill and do it from a cost productive standpoint as it would be equal or less than the cost to buy or purchase the fill in the market. He stated that on a 4-hour per day operation, about 8,000 yards of fill is produced per month. He noted that the one concern is being able to obtain DER permits, but the contract would have a termination clause in it covering this con- cern and there would also be a termination clause that would indicate if the operation is not cost effective, it would not continue. Tape U Mr. Archibald stated that the lease-purchase is for l2 months at $14,150 a month and the County would have to maintain the equipment, but Powerscreen is responsible for major repairs, adding that there is a minimum 90 day warranty but the company will continue to give them support as they are very interested in making this operation work. He noted that in the Executive Summary he has prepared a report showing the breakdown of the cost of maintaining the equipment and the life of the equipment. Mr. George Keller questioned if the S3.20 per ton included in the report covers ,the depreciation on the equipment, the cost of operating it, the depreciation on the front-end loader, and the manpower that would be necessary, to which Public Works Administrator Archibald ~~ ill 1'1'.~ 3G6 Page l4 '* 111 w.{ 307 FEBRUARY 2, 1988 replied affirmatively. Hr. Keller questioned if there is any chance of this material having any toxic effect, to which Public Works Administrator Archibald replied affirmatively, adding that they are running samples for asbestos to be sure that there is not any, which is his biggest con- cern and DER's biggest concern. In answer to Mr. Keller, Mr. Archibald indicated that the old landfill is being mined and there is also source separation involved, adding that the plastics are being segregated and what is removed and reprocessed is going into the new cell. co.-i.sioner Hasse moved, .econded by Commissioner Goodnigbt and carried unanimously, that t~e Lease-Purchase of a screen plant from Power.creen of Florida, Inc. for conditional continuation of landfill aiDing activities be approved subject to termination clauses and 12 aontblJ payaents of $14,150. It.. f9Dl BXTEKBIO. OP OLD PEES FOR WATER SYSTEM DEVELOPKERT CHARGBS THROUGH BFFECTIVE TERMINATION DATE OP THE COUKTY'S OFFICIAL COKK8CTI08 ØOTICE FOR TJUIfITY PLACE AND BLUE HERON WATER SERVICE SPECIAL ASSESSKERT DISTRXCTS - APPROVED utilities Administ,ator Crandall stated that there are two water special assessm~nt districts that were completed 3 months ago and due to allowing people to pay their fees and get hooked up by February 8, 1988, a problem arosc. lie stated that from the tíme of completion until the time that these people had to hook-up which is February 8, Page 15 FEBRUARY 2, 1988 1988, an increase in system development charges was approved by the Board and there has been numerous complaints with regards to this matter as these people are not willing to pay the new fee. He stated that he is asking that he be allowed to collect the old fee of $700 until February 8, 1988, for the people in the Trinity Place and Blue Heron Assessment Districts. CO8ai..ioner pistor moved, .econded by co..i8sioner Goodnight and carried unaniaously, that the extension of old fees for water system , development charge. through effective teraination date of the County's official connection notice for Trinity Place and Blue Beron Water service special Assessment Districts be approved. Commissioner Saunders questioned if there is any problem in approving this request, to which Assistant County Attorney Anderson replied negatively. It.. f9Fl JAJmS UARDOX CONFIJUŒD AS Y.HERGEJlCY SZItVICES ADKIlfISTRATOR County Manager Dorrill stated that this is a request to confirm the appointment of James Reardon as Emergency Services Administrator, adding that he would be a tremendous asset to the County. In regards to the memo from Mr. Ycnkosky, he noted that the only County in the State that does not have an EMS Director through an Administrator is Washington County, adding that this is a Statute that has been overlooked for years and DCA is proposing to sunset this law. Page l6 80OK 1111'Ar,! 308 .. 111 w~ 309 FEBRUARY 2, 1988 Co8aissioner Qoodnight moved, seconded by Coaaissioner pistor and carried unaniaously, that James aeardon be confirmed as Baergenay Services Adainistrator. It- '11 BUDGET AXEXDKEKTS 88-121/125; AND 88-127/129 - ADOPTED Co.aissioner Pistor moved, seconded by Commissioner Góodnight and carried unanimously, that Budg~t Amendments 88-121/125 and 88/l27/l29 be adopted. It.. 1121. UBOLOTJ:OB 88-36 APPOIIfTIRG GARY BEARÐSLEY TO THE CCPe CITIZnS ADVISORY COIOIITTEE - ADOPTED ~ssion.r pistor moved, seconded by Commissioner Goodnight and carried unanimously, that Resolution 88-36 appointing Gary Beardsley to the cePC citizens Advisory Co88ittee be adopted. Page 17 '. ~' -.....--,.,.. .- .. 111 m 311 FEBRUARY 2, 1988 It.. 112C OOKKISSIOBER GOODNIGHT REAPPOINTED TO THE SOUTHWEST FLORIDA RBGIORAL PLA1OIDIG OOUWCI L cO88issioner pistor moved, seconded by commissioner Saunders and carried unADiaously, that Commissioner Goodnight be reappointed to the Southwest Florida Regional Planning Council. It.. '12D KARCO JIAJtID CORPORATIOK PROPERTY TO BB EVALUATED BY STAFF AlQ) BROUGHT BACK TO see WITH RECOKKEHDATIOR OK APPROPRIATE ZORING CLASSIJ'ICATIOK C088issioner Plstor stated that he would like staff to check into a piece of land on Marco Island that is located next to a single- family residential area and a restaurant, and the present zoning would allow a lot of non-compatible items to be built there. He indicated that he would like staff to check into the matter to see if a more compatible zoning would be more appropriate for that area. Co8ais8ioner pistor moved, seconded by comaissioner Basse and carried unanimously, that s~aff evaluate the property and report back to tbe Board with a recommendation on the appropriate zoning classi- fication. ***** Recess: 10:30 A.H. - Reconvened: 10:40 A.H. at Whiob time Deputy Clerk Boffaan replaced Deputy Clerk Kenyon **... Tape f3 It.. '12B RBOOaBIDBRATIOM OF PETITION R-87-30C, LAWRERCE BABIK TO BE aBADVB~ISBD AND BROUGHT BACK Co..issioner Glass stated that subject petition was denied by 3/2 vote Cor rezone. lie added that the petí tioner hðs submitted a letter Page 18 FEBRUARY 2,1988 requesting recon~i~~r~ti~n. He Flirt-her noted that Staff recommen- dation which was submitted tv the Planning Commission was that of denial and the recommendation in the Executive Summary was that of approval subject to the Planning Commission's recommendation. County Attorney Cuyler indicated that the Reconsideration Ordinance presently states "that requests for reconsideration may be made only by the petitioner, only where the petition had received recom8endations of approval by both staff and all appropriate advisory boards". He added that the Executive Summary prepared for subject petition included a note stating that "all appropriate boards with the exception of Staff recommended approval". He noted that as the Ordinance is now written, it appears that Staff recommended denial. In answer to Commissioner Saunders, Attorney Cuyler stated that reconsideration of subject ~etition does not comply with the Ordinance that the Board has to go under for reconsideration of Zoning, as the law is now written. Comøissioner Saunders indicated that he has a problem with the present language of the Reconsideration Ordinance relating to a peti- tion being reconsidered if there is some .agency or board which has voted against it, adding that he feels this needs to be changed. Co.aissioner Glass noted that he feels Staff should be directed to include a specific comment in their report when they do not concur with something. Page 19 aoo( 111f1',! 312 --.....".,.- ."'. ... l11m313 FEBRUARY 2, 1988 Tape 14 County Attorney Cuyler indicated that there are two ways to solve the issue relating to subject petition: 1) The Ordinance Can be amended on an emergency basis, to incorporate a longer time period which would allow the petitioner to come in under that Ordinance and repeal the present Ordinance; 2) The Zoning Ordinance provides that if there is a denial, the petitioner is precluded for a certain period of ti8e fr~ refiling, but the time period can be waived, allowing the petitioner to readvertise and come back in. In answer to Commissioner Saunders, Attorney Cuyler stated that he will look into the possibility that the petitioner be exempt from going through the various agencies once again. CO88!s8ion8r Saunders aovej, seconded by Commi8sioner pistor and carried unani.ously, that Staff be directed to amend the Ordinance so that any Coaaissioner who has voted against a petition, can bring up a aatter for reconsideration within the same time period contained in the Ordinance, without the restriction that Staff and all tbe appropriate agencies have reco..ended approval, and that the petition vill be readvertised for public hearing before the County Coaai8sion, vaiving ti.e period. which would re.trict the petitioner troa cominq back. Page 20 - - - FEBRUARY 2, 1988 It.. 191'2 RP~Ra~KIZATIO. OF THE COUNTY'S PERMITTIBO SYSTEM - APPROVED; PROCLAKATIORS OF APPRECIATION TO THE BUILDIIfO PERMIT STUDY COMMITTEE ~ SCOTTSDALE, ~IZO.A - ADOPTED County Manager Dorrill stated that the growth related problem of the issuance of permitting as it relates to construction in our com- munity has become a losing battle, adding that a committee had been formed to review the problems surrounding the issuance of building permits, and to make recommendations to him. Mr. Dorrill commended the comaittee in the timely fashion in which their findings were reported back to him, and then introduced those who served on his com- mittee: Ron McLemore, Assistant County Manager, and Ed Smith, Executive Director of the Cont¡actor's Association, Co-Project Managers; Don Barber and Dave Pettrow served as Co-Chairmen; from the private sector, Rick Barber, Scott Browne, Bob Carsello, Gary Carlson, Bill Jones and Dave Moyer; Staff support included Hayward Boyce, Larry Lukin, Herb Luntz, John Madajewski, Joe Magri, Missy McKim and Jennifer Pike. Hr. Dorrill introduced Barbara Burns, Director of Community Develop.ent in Scottsdale, Arizona and Ray Garrison, Director of DeveloplDent Serv ices for t~e Ci ty Manager. in Scottsdale. Assistant County Manager McLemore indicated that the direction and goal of the committee is for efficient and effective regulation of quality growth in Collier County. He added that the committee set Page 21 "* 111,1,;.314 ... 111"~ 315 FEBRUARY 2, 1988 definite performance standards which it felt the organization should be able to accomplish, noting that these standards would give the County the capacity to return to a time focus which it had in 1982, further noting a S-day turn around on short form development permits and a IS-day turn around period for long form permits. He indicated that the committee feels the time can be shortened, in that, all short forms and single family residential permits can be issued while an individual is waiting at the new organization's headquarters. He noted that an optimistic goal of ð la-day period for long form review is anticipated. Mr. McLemore stated that a major part of the performance standards is implementing ð feed-back mechanism or quality control mechanism to evaluate how the organization is performing. He added that the recom- mendation is to have customer ~atisfaction reports which will be issued to the users of the system to determine the performance of the job the organization is performing. Mr. McLemore indicated that the first recommendation regarding the reorganization would take seven pieces of the various operating depart~nts and pull them together into one development service organization under unifled management, uni~ied control and unified accountability. lie noted the basic divisions are: Planning Services which is the basic land us~, relating to zoning issues; Plan Review Division which will perform the detail review of site plans, building Page 22 ._-""-" """'""' .'"-.-,.--.. - FEBRUARY 2, 1988 plans, enviro~ntal aspects of the project and health aspects of the project. It was further noted by Mr. McLemore that the next major division will be the Customer Service Division which will answer questions and provide direction in the proper manner. This division will be the focal point of information and people contact and will be a central depository for all records to,assist Staff and private citizens. He indicated that this division will issue, while an individual waits, all short-form building permits. Hr. McLemore stated that another major component of the organiza- tion is the Compliance Section, which will ascertain that the plans and stipulations which are agreed upon, are in fact constructed in the field, in accordance with all standards and codes. Hr. HcLeøore noted that in order to house this organization, a new facility must be identified 50 that all the various sections can be pulled together under one :oof. He advised that the work load on present staff has growr. to 136\ since 1982, with building permits increasing more than twice. The co~ittee recommends the employment of additional staff, stated Hr. McLemore, with on-going training of personnel. He noted that the development services area is that of a technical nature and requires people who know and understand their jobs, adding that to meet with state certification requirements and nationally recognized Page 23 '* 111 n~~ 316 .......,._-,_.. I. 111~317 FEBRUARY 2, 1988 certification requirements, the County should provide Staff with training programs to keep them current in their various positions. He noted another major aspect is the re-evaluation of the salaries and c~nsation, noting further that once the personnel in this orga- nization reach accomplished levels of technical expertise, they become very valuable in the marketplace, adding that the County needs to hold these people within the organization. Hr. McLemore noted that many of the codes and. ordinances are in conflict of each other, ad~ing that a review of all County Codes and Ordinances with the development of a unified Code, pulling all the regulating instruments into one document should be provided for the users of the system. He indi~ated that a Users Manual with instruc- tions for processing through this organization in an efficient and effective manner will be provided. He referred to the manual that Scottsdale, Arizona uses, noting that it is an information package for the user of the system which sets out very clear and easy to understand terms of how to progress through the system. Hr. McLemor~ qtated that t~e committee also recognized that the development process .3 an extremely complex system in dealing with ð number of agencies, and r~commends that thé County Manager and the Board of County Commissioners appoint a Phase 2 Committee, which would look at the jurisdictions involved in the development process. He further indicated another option is to look at how Boards overlap and Page 24 ."~-"-'" "..- FEBRUARY 2, 1988 how their duties could be streamlined, thereby, streamlining the pro- cess. He added that another option is to look at the things the State Government does, and examine those things which our people can do by virtue of contract with the State. Mr. Mc~re indicated that he is working out an Agreement with the City of Scottsdale, where. they will open their organization to us so that Collier County can rotate the key players into their organiza- tion for several days at a time to work in this environment and see how things are done, so that when the County implements the reorgani- zation, the transition will run smoothly. Coa.unity Development Administrator pettrow stated that the basic concept in t~e proposed reorganization is to institute a Planning Ser- vices section, with five project managers. He noted the purpose of the project managers will be to act as coordinators assisting in the long for. process relating to major construction projects involving DRI's, PUD's, Rezonings, Va~iance Petitions, etc. He added that the Planning Manager would be responsible for the consistency of the Zoning Ordinance and the Comp Plan check. He noted once all reviews by appropriate agencies and formal hearing by the Board of County C0.8issioners .and subsequent approval with stipulations has been co.pleted, a Certificate of Development Compliance will be is3ued, thereby eliminating "dead time" when the applicant comes back with final construction plans. Page 25 ,O~ 111 Plt;t 318 -""'--.,---. 101( 111 lIi';~ 319 FEBRUARY 2, 1988 Tape 15 Hr. Pettrow noted that the goal regarding single-family and mobile home applicants is to be no more than a 24-hour period. Hr. McLemore stated that for the proposed system to provide the level of service which is anticipated, a cost of $700,000 - $800,000 in operating costs and an initial one time expense of $600,000 to purchase the vehicles and ~quipment for additional personnel is esti- mated. He further stated that the Study Committee has gone on record supporting that the increase be financed through users fees, and no new tax initiatives involved. In answer to Commissioner Pistor, Mr. McLemore replied that the Board of County Commissioné:s will set the policy regarding the time period on the Certificate of Compliance. Commissioner Saunders thanked Staff and the volunteers who helped in the development in the initial stage of the proposal, and also the City of Scottsdale for their assistance to Collier County. Hr. Ray Garrison, Uevelopment of Services Administrator for the City of Scottsdale stated that his City hð~ been working with this process since 1983, adding that it has made the focus and mandate for quality development more effective. c088i.sioner pistor aoved .econded by Commis.ioner OOOdniqht to accept staff recommendation to adopt, in principal, the Report of Fin- dings and Recommendations of the Collier County Building Permit study .age2. FEBRUARY 2, 19.. eo.aittee. Ms. Lynda Hittinger read a letter from Mr. Joseph Grimm. in office of Clerk of the Board). (On file Dr. Hark Ber.ed ict, Env i ronmental Protection Director for The Conservancy, Inc. stated that the Conservancy reëognizes that reorga- nization and streamlining of the review process can improve the environ.ental component of the development review process, further stating to do this without a loss of quality and review it is essen- tial that good, new environmental ordinances be incorporated into a unified County Development Code. He indicated the need for inclusion of prespecified environmental performance standards and developmental guidelines tied to the type of native habitats in which the develop- .cnt is proposed. He noted that the Conservancy feels environmental staff should be reporting under the guidance of a technically qualified environmental resources trained department head. He further noted that the Conservancy cannot support the proposed plan to split the department into separate administrative regulatory units. He advised that the Conservancy would be happy to assist in providing input through the process, as they have in the past. Hrs. John Guthrie, representing the Naples Garden Club, stated that she is not in favor of implementing the proposed reorganization, noting that the recommendations made by the Building Permit Study Coø.ittee would improve the quality of life for the developer and not &OO( 111 ~1"'{ 320 Page 27 .. 111 "".1. 321 FEBRUARY 2, 1988 for the public. She added that "fast tracking" building permits will speed up the growth in the County which is already explosive. C088issioner Saunders stated that the purpose of the reorganiza- tion is not for "fast tracking" building permits so that building can be cO8pleted faster, but rather to regulate growth as the County has in the past, and to do this in the most efficient manner possible and to save taxpayer dollars. He further stated that the proposed reorganization will make the -issuance of permits more efficient. Hr. McLemore indicated that there seems to be some misun- derstanding in terms of "quick turn around on builèing permits", adding that the building community is not concerned with the preplanning phase, i.e. zoning, site plan requirements, or the archi- tectural engineering requirrments as they are being developed to the plans. He noted that after the builder has a contract to build, he d~s not want to be impeded at that ti~, adding that all plans and specification requirements should have been worked out in the prelimi- nary phase, and this process is designed so that the review phase does not get mixed up with the construction phase. Hr. Dick Braun, President, Golden Gate.Area Taxpayers Association, coœpli~nted Staff and County Manager Oorrill on the study which was perfonaed. He staled that he docs not feel the increase in building fees is justifiable, adding that the average homeowner cannot afford theta. Page 28 --,.,-- ".." "..",,"..,,-- - ',:"'\ ' ,i ",:""." .., " " :!'" ;:, " , , .~": .. '" " FEBRUARY 2, 1988 Mr. John Keschl, concerned citizen noted that as a taxpayer, he would like to see County Government improve, but at the same time, maKe sure the money is spent wisely. upon call for the question, the vote carried ,unanimously. Co..issioner Glass read the proclamation in appreciation to the City of Scottsdale, Arizona. c088i8sioner Goodnlqht moved, .econded by Commi8sioner pis tor and carried unanimously, that the Proclaaation in Appreciation to the City of scottsdale, Arizona be adopted. C088issioner Saunders read the Proclamation recognizing the mem- bers of the Collier County Building Permit Study, in providing assistance to the Staff and Officials of Collier County. cO88is.ioner Saunders moved, seconded by Commissioner pistor and carried unanimously, that the Proclaaation Recognizing the Kembers of the Collier county Building Permit study be adopted. aODIC 111 III':! 3'22 Page 29 , " " ">."..". >-.-... ~ ,. '.' >., - "IJ..;t...., . . .~n.'~. .' > ., . '.~""::"'. '. . ;>1\ >.,'. '. ..,-....,.....,. '."'. '.. ' ÍI!'f .<r. ' 'In ' . j ,,;~:::.:}' '~..' \ " ' ~~ It)...'!,..,r,.. .' ~',..' ~,"'.'!.3',P;'"'.111 t{ 'tf41t:. 't.'. " ,~'..' . PIICt ù'-tJ ,", .. " . ""', ' , l' i;' FEBRUARY 2, 1988 ... The following it... were approved and/or adopted under the CODsent Aqenda upon aotion made by Commissioner pistor, seconded by Coaaissioner Goodnight and carried unanimously: ... It- 114Bl AUTBOIlIIATIOB 1'0 RECORD QUITCLAIM DEED, EASEMEXT, AJm TEMPORARY COlfSTRUCTIOIf EASEKE}(T FOR THE AtRPOR'l':-PULLIRG ROAD CAnL WEIR PROJECT See pages ...330 - 33v' It.. 114B2 BID '87-1206 AWARDED TO HARPER BROTHERS, IRC. FOR COKSTRUCTIOB OF SIDEWALK OR PIKE RIDGE ROAD - $21,399.00 Legal notice having been published in the Naples Daily News on January 4, 1988, as evidenced by Affidavit of Publication filed with the Clerk, bids were received for construction of sidewalk on Pine Ridge Road until 2:30 P.M., J~nuary IS, 1988. It- '14B3 8TA7J' Atn'BORZZED 1'0 PURSUE VACATIOX OF EXXSTIBO PLAT OF TJ[E DIKODLBE CO U'R'1"BO USE AJOrE X It- '14Cl BID 187-1205 AWARDED TO SCOTT WOODS AKD QUEEN FOR A DAY, IXC. FOR SERVXCBS UNDER THE OLDER AKERICAKS ACT TITLE IIl-B PROGRAM lit THE AKOttRT OF $12,000 EACH Legal notice having been published in the Naples Daily News on December 18, 1987, as evidenced by Affidavit of Publication filed with the Clerk, bids were received for homemaker services until 2:30 P.M., January 13, 1988. see P ðQeS .~,~'1- ~7f Page 30 <--.- .-.< '~'- < FEBRUARY 2, 1989 It.. 114Dl CBAJtG. ORDER 110. 1 TO ElfGIIŒERIIfG SERVICES AGREEKBlft FOR SOUTH COURTY RZGIOBAL ~TEWATER FACILITIES ¡If AX AKOOKT NOT TO EXCEED $9,500 See pages ...3ð() - 3 ?/ It.. f14D2 WATER ABD SEWER FACILITIES ACCEPTAlfCE - COUNTRYSIDE AT BERXSBXRE LAnS , "l'RACT 5 See O.R. Book 1325. Paqes2214-2230 It.. 114Z1 BID IS88-1209 TO ROBERT SHELLABARGER !'OR SALE OF A SURPLUS MOBILE HOME - $'50.00 Legal notice having been published in the Naples Daily News on January 8, 1988, as evidenced by Affidavit of Publication filed with the Clerk, bids were received for the sale of a surplus mobile home until 2:30 P.M., January 22, 1988. It- '14.2 BID '..8-1210 TO THB KAPLBS DAILY KEWS !'OR THB ADV8RTIS~ OF THE AJŒO]U, D B L I ItQ t1EJfT T AX RO L L Legal notice having been published in the Naples Daily News on January 8, 1988, as evidenced by Affidavit of Publication filed with the Clerk, bids were received for the advertisement of the Annual Delinquent Tax Roll until 2:30 P.M., January 22, 1988. xt- '14Gl C&.R'rIrICATES OF CORRECTION TO THE 'lAX ROLL 1985 TAX ROLL Page 31 aoO( 111 PAr,! 326 "-"--.-"_m .'- ... 111 py~ 321 250 FEBRUARY 2, 1988 l/lS/88 1986 TAX ROLL l/lS/88 1987 TAX ROLL 1/5/88 1/5/88 - 1/2l/88 230 267 27)-284 Ite8 '14G2 . .~ ~ TIME FOR IUKATE NOS. 339'°,49975, AIm 54974 It.. f14G3 SATISFACTIOB OF LIEKS FOR SERVICES OF THE PUBLIC DEFEKDBR See pages 3 ~;J. - 3ð7 It.. f14G IUSCZLLAJlBOUS CORRESPONDENCE FILED AIm/OR REFERRED There being no objection, the following correspondence was filed and/or referred to the vari)us departments as indicated below: 1. Letter dated 01/l9/88 from Charles D. McClure, Membership Committee, Circuit Court, regarding National Child Support Enforcement Association Membership, and enclosing applica- tion. Referred to Neil Oorrill, Jim Giles, Charles Bell and f íl ed . 2. Letter dated 12/22/87 from Sandra M. Whitmire, Chief, Bureau of Public Safety Management, DCA, enclosing an application kit to apply for funds made available through the Anti-Drug Abuse Act of 1986, and a copy of the public notice regarding application workshops. Referred to Neil Dorrill (letter), Sheriff Rogers and filed. Copy of letter"dated 01/05/88 to Peter B. Terenzio, President of Coquina Club, from Philip R. Edwards, District Manager, DER, regarding the proposed extension of and addition to piers on Moorings Hay, in response to Peter B. Terenzio's letter dated Ol/18/88. Referred to Neil Dorrill, David Pet trow, Dr. Proffitt and filed. 3. Page 32 n,_."...-, -. 4. 5. 6. 10. FEBRUARY 2, 1988 Letter dated 01/19/88 from Richard W. Smith, P.E., Acting Chicf, Bureau of Wastewater Management and Grants, DER, regarõing the phølSe ( uL vf '-;.01:: ......Ju:oL.:...:~i~r. ;:,,::nt::: ;::'~~:'e~ ..~.!'. the appropriation authorization levels contained in the 1987 amendments to the Federal Water Pollution Control Act, and attaching DER Revolving Loan Survey Questionnaire. Referred to Neil Dorrill, Lori Zalka, John Yonkosky and filed. Memorandum dated 01/14/88 to Florida Counties & Cities, from Richard W. Smith, Acting Chi~f, Bureau of Wastewater Management and Grants, DER, regarding Fiscal year 1989 Priority List and Advance Allowance List for Wastewater Treatment Works, and enclosing a Request for Inclusion on the Priority List form aDd a Request for Inclusion on the Advance Allowance List Form. Referred to Neil Dorrill, Tom Crandall, Lori Zalka and filed. Letter received 01/25/88 from Hark P. Strain, President, Golden Gate Business Association, strongly reasserting its position in favor of the rezoning of the Golden Gate Parkway from multi-family to commercial useage. Referred to BCC, Neil Dorrill, Dave Pettrow, Anne McKim and filed. 7. Notice dated 01/15/88 of Availability from HRS - Emergency Medical Services (EMS) Matching Grant Request for Proposal (RFP). Referred to Neil Dorrill, Kevin O'Donnell, Doug Greenfield and filed. 8. Letters received 12/28/88 from Robert D. Stakich, Chairman, Marco Island Beach Renourishaent & Public Access Advisory Board, enclosing letters, ~morandums, Financial Background by J. Gordon Henry, Public Parking Review, and Cooper-Bruner Arguments prepared by J. Gordon Henry, regarding the 01/05/88 BCC meeting and beðch renourishment. Referred to Neil Dorrill, George Archibald and filed. 9. Minutes: A. 12/07/88.- B. l2/22/87- C. '12/10/87- Ochopee Fire Control District and 01/04/88 Agenda Marco Island Beach Renourishment Committee Library Advisory Board Invoice received 01/25/88 for reimbursement of attorney's Fees, Public Defender, in Conflict Cases and a check in the amount of 513,684.00. Referred to John Yonkosky with check, Lori Zalka, Public Defender and filed. 800( 111 P1':f 3'28 Page 33 .. 111 PI? 329 FEBRUARY 2, 1988 11. Letter dated 01/12/88 to Public Official' Concerned Citizens fro. Patricia A. Bidol, Ph.D., Executive Program Director, SFWMD, enclosing the staff draft of the report entitled, -Identification of Priority Water Bodies within the South Florida Water Management District (SFWMD)- and a copy of the letter of transmittal. Referred to Neil Dorrill, David Pettrow, George Archibald and filed. It- 11481 U80LOTXOJl 88-37 APPOIItTIIfG RICBAJlD 1Ct.AAS 'l'O THE COLLIER COU1C'l'Y IKDUSTRXAL DEVELOPKEItT AUTHORITY FOR A POOR YEAR TERM EXPIRIKg 2/2&/92 See Pages --3912 ... There being no further business for the Good of the County, the meeting was adjourned by order of the Chair - Time: 12:10 P.M. BOARD OF COUNTY CCJKIfISSIONERS/ BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL CL. -<- / .L- ~ , "Ø~Hl' /'. ," "/ ..° . t': kln!:.sT:- ",' ~ .lAiŒa.ç. GlLeS,íoCLERK -' : - - ; : ,:~ -, . ~:' ':_~: J.;?;7t:~~.{)c, --oÎ,~_'otI~~~e. ,pproved:; the see ~~J/~~/?pr as presented or as corr~cted . ARNOLD LEE GLASS, CHAIRMAN ~ ~ //~ ~~ -2'Y ;: Page 34 , _.'-,,-