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BCC Minutes 12/09/1986 R .. ... .. Naples, Florida, December 9, 1986 LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 A.M. in REGULAR SESSION in Building "F" of the Courthouse Complex, East Naples, Florida, with the fOllowing memberr. present: CHAIR~N: Max A. Hasse, Jr. VICE-CHAIRMAN: Arnold Lee Glass John A. Pistor Burt L. Saunders Anne Goodnight ALSO PRESENT: J~mes C. Giles, Clerk; John Yonkosky, Finance Director; Mðure~,Kenyon, Deputy Clerk; Donald B. Lusk, County Manager; Neil Dorrill, Assistant County Manager; Ke~ Cuyler, County Attorney; Tom Crandall, Utilities Administrator; George Archibald, Public Works Administrator; Kevin O'Donnell, Public Services Administrator; David Pettrow, Community Development Administrator; Leo Ochs, Administrative Services Administrator; Tom MCDaniel, Barbara Cacchione, and Dave Weeks, Planners; Ann McKim, Planningl Zoning Director; Jeff Perry, MPO Director; Jane Fitzpatrick, Growth Management Coordinator; Mary Morgan, Supervisor of Elections; Ken Pineau, Fleet Management Director; Nancy Israelson, Administrative Assistant to the Board; and Deputy Chief Ray Barnett, Sheriff's Department. Page 1 eOOK 099 PAGt 502 __"___,,__..,,..¡.,......._....._M ~'^"""''''.-"".".".,.,,,,,,.,,,.~-,-;,,--~~-..~,,",-,,",,,-,,,,,,,--,~--,,,-,._"'~..."'.".~"...""".""'---,,."._"'-~ ,,."""',-''''''''''''',____'__''''0'','''''''..,.''''','- _ .. . .. .. December 9, 1986 Item UBl ORDINANCE 86-79 RE PETITION R-86-6C, WILSON, MILLER, BARTON, SOLL , PEEK, INC. REPRESENTING FRITCHE! CORPORATION RE REZONE FROM A-2 TO PUD KNOWN AS LOCH RIDGE ON SOUTH BIDE OF DAVIS BLVD. - ADOPTED W/CHANGES Legal notice having been published in the Naples Daily News on November 7, 1986, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition R-86-6C, filed by Wilson, Miller, Barton, Soll & Peek, Inc., representing Fritchey Corporation, requesting a rezone from A-2 to PUD known as Loch Ridge for 64 dwelling units and 3.4 acres of retail landscaping and nursery operations for property located on the south side of Davis Blvd. approximately 1-1/2 miles east of Airport Road in Section 7, Township 50 Sou~~, Range 26 East, consisting of 13.44 acres. Planning/Zoning Director McKim stated that lands to the north, across Davis Blvd. are zoned A-2 which is the site of Petition R-86-8C, Naples Lake PUD; lands to the east are zoned A-2; lands to the south and west are zoned PUD known as Loch Louise which has been approved for 330 units on 102.6 acres with l44 multi-family units designated for the tracts adjacent to the subject property. She noted that the combined density of these two adjacent tracts of 19.6 acres is 7.3 units per Jcre. She indicated that to the north, across Davis Blvd. is undeveloped land; to the east is a plant nursery and to the south and west is land under development. . She reported that with the proposed and recommended mitigation measures, the proposed project is in compliance with the Comprehensive Plan and is compatible with the ...: : :.-:' Page 3 eDO': 099"',\;11510 '~'~-""",-----",-,,-_...,.. .aD~ Ð9"9;P,.\,':! 511 December 9, 1986 developing nature of the ðrea. She stated that Staff and ðll appropriðte County agencies reviewed this petition and had no objec- tion to its approval subject to amendment of the PUD document to include Staff's stipulations per Staff report dated November 17, 1986. She indicated that the CCPC held their public hearing November 20, 1986, and unanimously recomm&nded forwarding Petition R-86-6C to the Board for approval ðS recommended by Staff with additional changes as outlined in the Executive Summary dated December 9, 1986, which have been incorporated into the final PUD document except for two items. She noted that one of the items which is number 6 on the Executive Summðry, the petitioner has agreed to and the other item is number 7 on the Executive Summary regarding traffic impact upon Davis Blvd has been agreed upon with the following language to be changed under Section 6.9 (al to read as follows: "Should the Board of County Commissioners determine that the above cited impact fees shall not be applied to Davis Boulevard (SR 84), and if the impact'of Loch Ridge, projected to buildout, represents a significant portion (in excess of 5%) of the Level of Service "C" design capacity of any segment of Davis Boulevard (SR 84), then the developer shall pay his fair share of the improvements needed to maintain Level of Service "C" for that segment, as part of a duly adopted area-wide fair share funding program. Any payments made shall be deemed to be non-site related and shall be subject to a determination of credit against local impact fees required of the developer." She stated that since the Planning Page 4 - - - ____'0. ~ .~ .. December 9, 1986 Commission meeting, staff missed requiring the developer to provide a bicycle path/sidewalk along Davis Blvd., therefore, she would request that this be considered and maðe part of the recommendation. She noted that the petitioner has agreed to the following language, "Subject to FOOT approval, the Developer shall provide a sidewalk/bicycle path within the Davis Blvd. right-of-way and abutting the north boundary of the property. The sidewalk/bicycle path will not be required until a sidewalk/bicycle path network is existing and provides pedestrian bicycle transportation to useful places within the area as determined by the County Engineer. Should a sidewalk bike path be included in plans for four-laning Davis Blvd. prior to the provision of the.sidewalk/bicycle'paths network system, the Developer shall be relieved of this obligation." She stateð that the intent is that the Developer provides the bicycle path as soon as the adjacent properties develop as there is no point in building a piece of it. She stated that if there is a bicycle path included in the four-laning plans for Davis Blvd., then the Developer would not have to provide it. Commissioner Saunders stated that he would assume build-out on this project will not be long and questioned what would happen if there were no bicycle paths for two or three years that this woulð connect to, further questioning how the Co~nty would enforce getting the developer to pay at that point? Mrs. McKim stated that it would then be up to the homeowners association. Page 5 eODK Ogg~,:!: 512 "<'""'-~-""~''''''''-- n~·_,,·,.... aoOK 099 p~=.~ 513 December 9, 1986 Commissioner Saunders questioned if there is a way to require the homeowners association to pay for a bicycle path that is required of the Developer in the Planned Unit Development document, to which County Attorney Cuyler said they have been taking the position that if there is something left undone, someone will have to do them. He stated that he does not know how successful the County would be if they had to go to court, but this is the position that the County has taken. Public Works Administrator Archibald stated that the need for the bike path is based on long term plans to have one on the Davia Blvd. corridor. He stated that he would be coming to the Board in January with a proposed list of improvements and on that list is a proposed bike path along that route. He stated that in lieu of a requirement to construct, a bond could be included, adding that an alternative would be to obtain a right-of-way commitment to place the bike path on an easement of Loch Louise because one of the concerns~will be if there will be room for the bike path within the right-of-way of Davis Blvd. He stated that if a bike path easement is obtained in lieu of constructing it, the County would be assured that the right-of-way exists in the future. Mr. Alan Reynolds of Wilson, Miller, Barton, Soll & Peek, Inc., representing the Developers, stated that he thinks that it is a benefit to have a bikeway system on Davis Blvd. and he is willing to contri- bute a portion of the bikeway or easement, whichever is appropriate Page 6 - - ,. ~"~·;·~~""··""""*''''''''''''~·_;''_"",",_~·"",.·~.·~"""c",·,.." ....._'_-.._"'-,,-...""..*-__,__...·_~_,·~,''''.''-.,w .. , .. .. December 9, 1986 for the County. He stated that he would have a concern with constructing a bikepath that does not connect to anything because it does not make sense and over the course of time, they tend to deteriorate. He stated that it is best to have an overall plan and then construct the facility when there is a coordinated plan. Commissioner Saunders stated that perhaps a wording change could be suggested that would provide that the Developer dedicate the right- of-way for the bike path and provide funds or bond to pay the cost and that the construction will not begin until other arrangements are made to connect to that section. ~!r. Reynolds stated this is appropriate and it is something that can be insured prior to the build-out of the project. Commissioner Saunders stated ,that he did not understand the .'" handling of the impact fees or the credits toward them, to which Mr. Archibald stated that the intent is to only provide a credit for those dollars spent on improving the arterial network or, in this case, improving Davis Blvd., adding that it would only apply to those impro- vements. MPO Director Perry stated that the purpose in the change was to simply insure that a credit would be determined at a later date, adding that if impact fees went to improve Davis Blvd., then any fees or contributions made by the Developer would be credited toward those impact fees, but if the impact fee system never goes to improve Davis Blvd., then there would be no credit. He stated that some deter- Page 7 aDo;: 'O99~~ 514 ·"'~__'"'_"""c"""",~_".__......",< ---'"'""'^""""~'-"-""'~'''''''''''-,___,,,,__,,,,_,,,,,_,,,,,,,,,,,.,,...-,.,.,><=,., ",,'" ,." """,·,·····~··"'''',·_.._..."~''"'''"."'...ü..''''''"'"~'"''__''''_........,,., "......""'""",..__"',,.,"',..,,_""..........."..._,"""..._ 1M ... . ",,"""·~..,'~..·_~···..·....,··,·"'""_.'H'·.,·,.,_.,,"_,"'" ..~"-""""-,·"'''''''"''<='''_'''__......,..''9."......,''''",.,,,.,,...."''"'''~._.._,_,,_~ .. . .. .. December 9, 1986 dug up by grading. Mr. Reynolds stated that the Subdivision Regulations are all sub- ject to approval of the County Engineer and it is worthwhile that this may be reviewed, but the type of monumentation that typically occurs in the road does not re~uire valve covers, which is the reason for the exception. Commissioner Pistor stated that another problem he is having with these projects is the drainage, adding that there is a major problem with drainage in this area as it is constantly flooded and this con- dition is not going to be corrected until something is done about the drainage in the East Naples area. He stated that he is hesitant in approving projects that are going to aggravate a bad situation until something is do~eßto correct these situations. He stated that it would be better to continue a project like this until the end of January to see what happens with the drainage situation in East Naples, which will be decided in January. He noted that if this pro- ject is approved, when the internal lakes overflow due to storm, the water goes into the drainage canal of East Naples. Mr. Reynolds stated that he recognizes that there is problem in District No. 6 as far as outfall and part of that problem is uncontrolled drainage. He stated that a SFWMD permit will have to be obtained, adding that there are four separate property owners in this area and it has been identified that this prea functions as one water management area. He noted that rather than each project going their eOOK 099$>~5.16 Page 9 ........_...·__·_,_,,,·,._,~x>·.·.~,-.,,,<~"" "'_'" ...,_",...·<_,_"_k..~.'Iu.,. eOUK Og9~.!517 December 9, 1986 own way, he has been in coordination with the engineers for the other projects and it will be designed to function as one complete water management system. He stated that the total lake area in this par- ticular area that is being designed .is in excess of 25%, adding that they are able to create a wa~er management system that complies with the limitations on discharge. lie stated that there will only be discharge point and it will all be controlled within the lake. He reported that this area will not aggravate the problem, adding that, in fact, it will be providing over a mile of continuous outfall from Davis Blvd. to the south, which means that there is opportunity for enhancement. He stated that this water will end up in the canal system that ultimately outfalls, but with the construction of the control structures, the water levels on the upstream side of this control structure will be lower than the downstream side which means adequate control measures on the upstream projects. He stated that the solu- .,~ tions ~re many to this problem and will include this type of a coor- dinated water management system and the implementation of the District 6 improvements. He stated that they have to control what they can within their site to comply with the current requirements, which is what they are doing. Public Works Administrator Archibald stated that the Developer will have to comply with on-site requirements and based on the programs that have been developed to handle on-site water management concerns, they will be able to effect the time frame for the discharge Page 10 - - - .. .- - December 9, 1986 of that water into an outlet, adding that there is still a concern for providing that outlet for development as it occurs and it is a capa- city concern and unfortunately, it is one that the County is respon- sible for to a great degree. Tape f2 Public Works Administrator Archibald stated that the District 6 report gives a good direction to go to resolve the problems. He stated that most of the development that is occurring in the corridor will discharge water at a rate.that the existing outfalls provide for under most design storms. He stated that once the design storm is exceeded, there is an on-site problem and capacity problem in removing the excess water:ft He stated that hopefully the Cnunty will address this problem and improvements will be made downstream at the same time that development occurs. He stated that the critical item is the timing of the improvements. Commissioner Pis tor stated that until these improvements are made, no further development should be allowed that will aggravate the situation. Mr. Archibald stated that in this case, the developer could show that he is going to be discharging water from his developed site at a lesser rate than currently is being discharged from this site, adding that he would then have the capacity to di~charge more water but over a great period of time, and as long as that condition is met, the problems are not being compounded but the outfalls still need to be Page 11 eOOK 099~;.l518 "'-_._,>=...,.._'....~......... "'~'"-""''''""",,,,'-- e01!f; 09'9f~jt519 December 9, 1986 improved. Attorney George Varnadoe stated that he does not represent this petition, but he does represent another petition, Naples Lake, that is across the street and thero are issu~s on this petition that may have a direct effect on the petition that he is representing. He noted that both water management systems enhance the problems, adding that at the present time, there is uncontrolled run-off which means that as soon as there is a rain, it all goes downstream, but under the water management plan, that water is going to be retained on site and what does not absorb into the ground will be released, therefore, part of the problem will be alleviated. He noted that by law you cannot release any more water post-development than pre-development, and in both plans they will be releasing less water during the critical times than what is happening now. He stated that at the present time, there is unmitigated run-off because there is no control structures at all. ",. Commissioner Pistor stated that retention lakes are being put in which raises the watertable and therefore aggravates the situation also. Mr. Varnadoe stated that these sy9tems only work as long as they are maintained and part of the problems downstream is the maintenance, adding that after a number of years the lakes and the flow-ways have to be maintained to keep them so that they perform their functions. In answer to Commissioner Hasse, Mr. Archibald stated that in both cases, the water management plan can be developed to contain the out- Page 12 .. .. .. _,;.,_,"'J.'..___."_~ .. - .. December 9, 1986 fall in such a way so that the existing problems are not worse than they are now during the design storm. He stated that this area fre- quently has storms that exceed the design storm. He noted that a part of each of these projects will be a segment of the overall outfall improvements, which means there will be two things obtained from these developments; a water management system that will hold more water back for a longer period of time and also a commitment to undertake a por- tion of the improvements that are needed downstream. Assistant County Manager Dorrill stated that the water management internal improvements for all PUD's will be better than the conditions that exist now for the raw land. He stated that when control struc- tures are placed within a project that is unimproved and uninhabited, . ... and people are put on an improved piece of land and the water is held back internally, it causes complaints and until such time as the out- fall of the system is improved, there will be problems. commissioner Saunders moved, seconded by commissioner Glas. and carried unanimously, that the public hearing be closed. Commissioner Saunders moved, seconded by Commissioner Glass and carried 4/1, (Commissioner Pistor opposed), that the Ordinanoe as num- bered and titled below be adopted and entered into Ordinanoe Book No. 25 subject to the change in the language regarding the bike path, and subject to the change in the transportation impaot tees regarding section 6.9(a): ORDINANCE 86-79 AN ORDINANCE AMENDING ORDINANCE 82-2 THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, Page 13 aOOK 099-1'.r~: 520 ..._--.- ------,_.... .am 099N::!521 December 9, 1986 FLORIDA, BY AMENDING THE ZONINC ATLAS MPA NUMBER 50-26-3 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A-2 TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS LOCH RIDGE FOR 64 DWELLING UNITS AND 3.4 ACRES OF RETAIL LANDSCAPING AND NURSERY OPERATIONS, FOR PROPERTY LOCATED ON THE SOUTH SIDE OF DAVIS BOULEVARD, APPROXIMAT~~Y 1-1/2 MILES EAST OF AIRPORT ROAD, IN SECTION 7, TOWNSHIP 50 SOUTH, RANGE 26 EAST; 13.44 ACRES; AND PROVIDING AN EFFECTIVE DATE. .... Page 14 .. .. .. ".'~"_.""""'~'."'--"""~'-~"'._""''' .. "<I"'.. .. .."'...,.,.,.".__....."'....."."""_"''''~__..._......"...''''-...,..''''_,___'''''~~"...._'''"'>'_"..__.,~.,""'",_._,~, aDOK U99'~..\i1.152:J December 9, 1986 Item f6B2 ORDINANCE 86-80 RE PETITION R-86-8C, ANCHOR ENGINEERING, REPRESENTING JOHN D. JABSY, REQUESTING A REZONE FROM A-2 TO PUD KNOWN AS NAPLEB LAKE ON THE NORTH BIDE OF DAVIS BOULEVARD - ADOPTED WITH CHANGES Legal notice having been published in the Naples Daily News on November 7, 1986, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was'opened to consider Petition R-86-8C, filed by Anchor Engineering, rcpresenting John D. Jassy, requesting a rezone from A-2 to PUD known as ~~ples Lake for a maximum number of 205 single-family dwelling units for property located on the north side of Davis Boulevard approximately 1-2/3 mile east of Airport Road in Section 6, Township 50 South, Range 26 East, ± 61.65 acres. Planning/Zoning Director McKim stated that this petition is to allow 205 single-family dwelling detached, zero lot line and villa units. She noted that lands to the north are zoned PUD; lands to the east are A-2; lands to the south, across Davis Blvd. are zoned A-2 and PUD; and lands to the west are zoned PUD with single-(åmily attached and detached permitted adjacent to the subject property. She indi- cated that to the north is a mobile home park and undeveloped land which is Lauren Pines PUD; to the east is undeveloped land; to the south is a plant nursery and land under development which is Loch Louise PUD; and to the west is Foxfire PUD with both undeveloped land and single-family, zero lot line homes. She stated that with the pro- posed and recommended mitigation measures, the proposed project is in compliance with the Comprehensive Plan and is compatible with the Page 15 - - "···,··~_""·""_~______,·.'''c^,,,,,,,,,., ,,' "'""""""""""~"""~"""''''''''''____ _....._._--",-,-,....._._..."'-,.~.,."""""",'~".."..,.,',,_..._.__...~....-'~".""--~ '---------,..;,..-,...-."". .' '..._"'--;"~","'-."'-_..."'<-;~._.-,""".._",~,,.',',,..'. ;'DO~ OH9",x.~525 December 9, 1986 bike path is to be located. Public Works Administrator Archibald stated that he would concur with this recommendation if there could be some setback so that in the future if a bike path is needed on the north side of Davis Blvd. there would be no problem in obtain~ng it. He stated that the plan currently addresses a bike path to be located on the south side of Davis Blvd., therefore, this is not an important concern at this time. County Attorney Cuyler stated that he has no problem with the con- cept, but he does have concerns with the timeframe. Mr. Varnadoe stated that the Developer will put in the PUD docu- ment that that there will be sufficient setback for the bike path and have a commitment that the land be dedicated at the appropriate time and also put a requirement on the homeowners association to do same if they have control of the land at the time. County Attorney Cuyler stated that under those cir&~mstances, he has no' problem with that. Commissioner Pistor questioned what happens to the 34 feet if Davis Blvd. is six-lanes, to which Mr. Archibald stated that the design that has been approved by the FDOT provides for an approximate 42 foot median which would be sufficient to install the future six-lanes so once the future six-lanes are constructed, they would go within that median area. Commissioner pistor questioned where the water goes if there is more than a 25-year storm, to which Mr. Varnadoe stated that the water Page 17 - - - ""~~""---""''''''''''''-'<._-~'''"'''-'-''-''''''''''.''''''---.'~~''';-'"'-'''''''"""--,'---_.;-,..-...--.".....,,<.~~,.'_,.,"._.,,"-.', - .- - December 9, 1986 ultimately will go where it has always gone, adding that they can retain the water on their site for a longer period of time so that the flow is more evenly distributed in terms of time. He stated that a permit has to be obtained from the Water Management District, but the County should deal with the source of the problem which is downstream from these projects. He noted that these projects are alleviating the problem to a certain extent. Public Works Administrator Archibald stated that the projects on the south side of Davis Blvd. have access to a direct outfall and the projects on the north side of Davis Blvd. have to address the need for an outfall to a greater degree than the projects on the south side and as a result, th~r~ is a sp0.cific .stipulation in the document that addresses the need to demonstrate to the County that the temporary and future downstream condition9 will exist to allow for the removal of the excess run-off. Commissioner Glass moved, seconded by Commissioner Baunders and carried unanimously, that the public hearing be closed. Commissioner Glass moved, seconded by Commissioner Saunders and carried 4/1, (Commissioner pistor opposed), that the Ordinance as titled below be adopted and entered into Ordinance Book No. 25 with the above-referenced stipulations and changes: ORDINANCE 86-80· AN ORDINANCE AMENDING ORDINANCE. 82-2 THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE ZONING ATLAS MAP NUMBER 50-26-3 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED Page l8 eOOK 099:p.~!'.526 ........__.._.r..,. t~. ~"Iff___"'<O_'__""'_'__'''""..__~«_~.,,,...e.p,,..,,..._,.,,.,,,_,~".." :800K '099 P.P.¿ 521 December 9, 1986 REAL PROPERTY FROM A-2 TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS NAPLES LAKE fOR A MAXIMUM NUMBER OF 205 SINGLE-FAMILY DWELLING UNITS FOR PROPERTY LOCATED ON THE NORTH SIDE OF DAVIS BOULEVARD, APPROXIMATELY ONE AND TWO-THIRDS MIL~ EAST OF AIRPORT ROAD, IN SECTION 6, TOWNSHIP 50 SOUTH, RANGE 26 EAST, 1: 61.65 ACRES; AND PROVIDING AN EFFECTIVE DATE. .,. Page 19 - .. - <..~.._.___-...~,=.<.., '"··~·"."~Oo"'._'_'" ...._____"._'<Ä,.,_"...,__."__,"""''',,~_,,,._,~~..,,__,.><''',...,'''..., 17 r ... ......"'*,....,"'__...__""'_ - .- - December 9, 1986 Theater was constructed but the accompanying recreational facilities were not. He noted that earlier this year the petitioner came in to apply for building pcrmits to construct the minature golf course and the drive-in golf range and was denied his permits and told that the provisional use had expired. He stated that an appeal was filed and the Board decided on May 20, 1986, that the appeal was not valid and upheld the denial of the building permits and, therefore, this peti- tion is back now for the necessary rezone and provisional use. He noted that the rezone is in compliance with the Comprehensive Plan and Staff has no objection, adding that it is compatible with the existing development in the area and the expected continued residential deve- lopment of the area. fie stated that he would expect that in the . " future, it is possible that this propcrty will be rezoned to residen- tial. He indicated that the drive-in range and restaurant will be constructed immediately and the archery range and minature golf course will be constructed at a later date when needed as determined by the petitioner. He reported that with proper development standards, all the provisional uses proposed as well as the rezone is compatible with the existing development in the area. He indicated that there are con- cerns with regards to safety and certain recommendations that relate to these concerns have been recommended. He stated that the CCPC reviewed this petition and unanimously recommended approval of both petitions with some amendments to Staff stipulations as noted in the Executive Summary dated December 9,' 1986. He stated that there are Page 21 !lOOK U99 !'-A·c::530 _ _·__."._,,_,....;.._..;""'...,.__~"'.__,~......_,.~_"..,,·.c,._,."~"·,'-.··..._<.·,.,~_·~.w."".·_. '., 'OK UH9m; 531 December 9, 1986 changes that need to be made that are primarily clarification, noting that on the Executive Summary for the provisional use on Page 2, Item "D", says Stipulation No.2 which should be Stipulation "c", and on Page 3 of the same Executive Summary, the language under Stipula- tion "g" should be deleted an~ the following language should be added: "A revised traffic impact statement will be submitted as part of the site development plan review approval process at the time of applica- tion for construction permits for the minature golf course if required by the Zoning Director." He stated that under Item "J", the last sen- tence should be "at such time and such location as determined necessary by the Zoning Director". He stated that the petitioner is aware of these changes and has agreed to them. He indicated that he recommends that the rezone and the provisional use be approved subject to the Planning Commission changes and the changes made this date. Dr. Neno Spagna, representing the petitioner, staféd that they agreed to everything that has been required by the Planning Commission and the Staff. Commissioner Pistor stated that there is some question under uti- lities as to whether this project will conform to sanitary require- ments and questioned what provision is being made to increase the capacity or the size of the present facility in order to comply? Dr. Spagna stated that the new plans call for a women and men's bathroom and there is presently an existing facility that will handle this adequately but, if it does not, there is no objection to doing Page 22 - - - - .- - December 9, 1986 what is required to meet the health requirements. commissioner Saunðers moveð, seconðed by Commissioner Glass and carried unanimously, that the public hearing be closed. Commissioner Saunders moveð, seconded by Commissioner Glass and carried unanimously, that the Ordinance as titled below b. adopted and entered into Ordinance Book No. 25 with the above-reterenced changes: ORDINANCE 86-81 AN ORDINANCE AMENDING ORDINANCE 82-2 THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 50-26-2 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED ON THE SOUTH SIDE OF DAVIS BOULEVARD, APPROXI~TELY 1-l/2 MILE WEST OF SR-95l, JUST EAST OF THE TRAIL DRIVE-IN THEATRE IN SECTION 9, TOWNSIIIP 50 SOUTH, RANGE 26 EAST, ! 12.47 ACRES FROM A-2 TO RO; AND BY PROVIDING FOR AN EFFECTIVE DATE. Tape #3 Item #7Bl '. fl RESOLUTION 86-231 RE PETITION PU-86-13C, DR. NENO BPAGNA, RBPRBSBNTING A. W. COOK, JR. AND CHRISTINE G. COOK, REQUEBTING PROVISIONAL USES G, H, I, AND M, OF THE RO DIBTRICT ON THE BOUTH SIDE OF DAVIS BLVD. _ ADOPTED WITH CHANGES Commissioner Saunders moved, seconded by Commissioner Glass and carried unanimously, that Petition PU-86-13C, Dr. Neno Spagna, repre- senting A. W. Cook, Jr. and Christine G. Cook, requestinq provisional uses G, H, I, and M, ot the RO District on the south side ot Davis Blvd. be adopted subject to changes mentioneð in the previous peti- tion. 'I· . Page 23 eoo~ 099~;-t532 "-- ........... ."~,,.",. ~~'''''''''''''_''''''''''''''_'''';,''''<i"'''' '''''''''''',",''''''',_'''''.'h''~'._~,",~,="""", - - - December 9, 1986 Item t 6D4 ORDIN~NCE 86-82 RE PETITION ZO-86-16C, COMMUNITY DEVELOPMENT DIVISION, REQUESTING AMENDMENT TO ORDIN~NCE 82-2, BY AMENDING SECTION 9.8 AUTOMOBILE SERVICE STATIONS, TO INCREASE THE TIME PERIOD FROM 45 DAYS TO 90 DAYS FOR TEMPORARY STORAGE OF VEHICLES - ADOPTED Legal notice having been published in the Naples Daily News on November 7, 1986, as evidenced by Affidavit of publication filed with the Clerk, public hearing was opened to consider Petition ZO-86-l6C, filed by Community Development Division, requesting an amendment to Ordinance 82-2, the Comprehensive Zoning Regulations for the unincor- porated area of Collier County, by. amending Section 9.8, automobile service stations, Subsection b.l7, to increase the time period from forty-five days to ninety days for teffi~orary storage of vehicles. planning!Zonïng Director McKim stated that the zoning Ordinance currently allows service stations to store towed vehicles for only 45 days, but the Florida Statutes allows the service station claiming a lien for towing and storage of a vehicle to sell the towed vehicle to satisfy the lien after 45 days from the time the vehicle is stored, adding that there is ohviously a conflict in the ordinance. She stated that the Board directed staff to amend this ordinance to permit the temporary storage of vehicles for 90 days to allow the owner some time to sell the vehicle. The planning Commission considered this petition at their public hearing on November 20, 1986, and unanimously recommended forwarding it to the Board for' approval. County Attorney Cuyler stated that there has been discussion of .. . aD:' fG99(".<53B Page 24 am 09H mt 53.9 December 9, 1986 lawsuits relating to this, adðing that it could be argued that there is a conflict, but what it basically requires is that the County ordi- nance required a service station to move the vehicles immediately at the end of that 45 days and the Boarð is going to consider enacting th~.s ordinance and that would give. the service station an additional 45 day period after that first 45 days to sell the vehicle. He stated that technically he does not feel that it is a conflict, but simply a hardship on the station. Commissioner pistor stated that the ordinance states that these vehicles have to be stored in an area surrounded by an opaque, not less than 6 feet high fence, which is fine, but when the gate is left open all the time, it is an eyesore and offsets the advantage of having this fence. He questioned if there is something that could be put into the ordinance that states that the gate must be kept closed? Mr. Cuyler stated that the Board could do something th~t is reasonable, adding that the gate would need to be opened certain periods of the day but not necessarily all the time. He stated that he could discuss this matter with Zoning to determine the enforcements and how much of a problem it is as well as who it would affect and what the possible options are to correct this situation, and then he would bring this matter back to the Board of County Commissioners. Mr. George Keller stated that according to the newspapers, the State ordinance is 60 days and he does not feel that the County should go beyond the state limitations. Page 25 - - . _'II ,__"...."',..._",.__~."". ...._~,.·,,_"',;.........."__A· .. ... ~ December 9, 1986 Commissioner Saunders stated that the State is talking about"'~hen .. the vehicle can actually be sold to satisfy a lien and the County is talking about when a station has to remove the vehicle from the pro- perty and to make the two time periods the same would create a hardship again, adding that the County should slightly exceed the State requirements. commissioner Goodnight moved, seoonded by commissioner Glass and carri~d unanimously, that the publio hearing be olosed. Commissioner Glass stated that he would like to be sure that Commissioner pistor's concerns are' addressed and that the County Attorney be given direction to investigate the gate problem. commissioner Goodnight moved,. seoonded by Commissioner saunders . .. and carried unanimously, that the ordinance as titled below be adopted and entered into ordinance Book Ho. 25: ORDINANCE 86-82 AN ORDINANCE AMENDING ORDINANCE 82-2, THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY AMENDING SECTION 9.8, AUTOMOBILE SERVICE STATIONS, SUBSECTION b.17) TO INCREASE THE TIME PERIOD, FROM FORTY-FIVE (45) DAYS TO NINETY (90) DAYS, FOR TEMPORARY STORAGE OF VEHICLES; AND BY PROVIDING AN EFFECTIVE DATE. Item '6B5 ORDINANCE 86-83 RE PETITION ZO-86-17C, COMMUNITY DEVELOPMENT DIVIBION, REQUESTING AN AMENDMENT TO ORDINANCE 82-2, BY AMENDING BECTION 7.22, C-3, COMMERCI~L INTERMEDI~TE, TO ADD MUSEUMS AS A PERMITTED PRINCIPAL USE - ADOPTED Legal notice having been published in the Naples Daily News on November 7, 1986, as evidenced by Affidavit of Publication filed with Page 26 eOOK 09'9 p~~·r 540 _._.."'......,..-_...,";.,.'...~..~".- r.OOK Ongm~541 December 9, 1986 the Clerk, public hearing was opened to consider Petition ZO-86-l7C, filed by Community Development Division, requesting an amendment to Ordinance 82-2, the Comprehensive Zoning Regulations for the Unincorporated Area of Collier County, by amending Section 7.22, C-3, Commercial Intermediate, Subsection 7.22 b.l)(l), to add museums as a permitted principal use. Planning/zoning Director McKim stated that the Zoning Ordinance currently allows museums as a permitted principal use in the C-l, C-4, and C-5 zoning districts and Staff is of the opinion that museums are similar in intensity to other permitted principal uses in the C-3 district as well and, therefore, the Zoning Ordinance should be amended to add museums in the C-3 District. She stated that the Planning Commission heard this petition on November 20, 1986 and una- nimously recommended approval. commissioner Glass moved, seuonded by Commis8ioner~eaund.rs and carried unanimously, that the pUblio hearing be closed. commissioner Saunders moved, seconded by Commissioner Glass and carried unanimously, that the ordinance as titled and numbered below be adopted and entered into ordinanoe Book No. 25: ORDINANCE 86-83 AN ORDINANCE AMENDING ORDINANCE 82-2, THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY BY AMENDING SECTI0N 7.22, C-3 COMMERCIAL INTERMEDIATE, SUßSECTION 7.22 b.l) (1); TO ADD MUSEUMS AS A PERMITTED PRINCIPAL USE AND BY PROVIDING AN EFFECTIVE DATE. Item f6B6 ORDINANCE 86-84 RE PETITION ZO-86-18C, COMMUNITY DEVELOPMENT DIVISION, REQUESTING AN AMENDMENT TO ORDINANCE 82-2, BY AMENDING SECTION 7.9, Page 27 - - - .. , .. .. December 9, 1986 A-2 RURAL AGRICULTURAL DISTRICT, TO ADD SOCIAL AND FRATERNAL ORGANIZATIONS AS A PERMITTED PROVISIONAL USE - ADOPTED Legal notice having been p~.blished in the Naples Daily News on November 7, 1986, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition ZO-86-18C, filed by Community Developmcnt Division, requesting an amendment to Ordinance 82-2, the Comprehensive Zoning Regulations for the Unincorporated Area of Collier County, by amending Section 7.9, A-2, Rural Agricultural District, by adding a new Subsection 7.9.b.3(n), to add social and fraternal organizations as a permitted principal use. Planning/Zoning Dircctor McKim'stated that on September 16, 1986, the Board directed Staff to amend the Zoning Ordinance to allow social and fraternal organizations as a permitted provisional use in the A-2 _ s' zoning district. She stated that social and fraternal organizations are permitted provisional uses in the Estates District, RT, (Residential Tourist) and VR, (Village Residential), adding that they are permitted principal uses in the C-4 and C-5 commercial districts. She noted that because the intensity of this use is similar to other provisional uses in the A-2 Zoning District, Staff has no objection to this Zoning Ordinance amendment which will be subject to Section 8.ll of the Zoning Ordinance that deals with the locational restrictions for use involving intoxicating beverages. She reported that the Planning Commission unanimously recommended approva\ of this petition. Page 28 eOOK 099 PA~t 542 v T 1 -... ...1>1 . 101 Or _""__~__.."..." .'. - _.......,_.,,,.,~,.....,,"~.~_,;.""...',,"_.'"..';_,...~.~.,"""'.._,,""...,;."",.w..."....",.,. ~OOK 09np~~~54:3 December 9, 1986 commissioner Goodniqht moved, secohded by commissioner Baunders and carried unanimously, that the publio hearing be closed. Commissioner GOOdnight moved, seoonded by Commissioner Baunders and carried unanimously, that the Ordinanoe as titled and numbered below be adopted and entered into Ordinanoe Book No. 25: ORDINANCE 86-84 AN ORDINANCE AMENDING ORDINANCE 82-2, THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY BY AMENDING SECTION 7.9, A-2, RURAL AGRICULTURE DISTRIC'r; BY ADDING A NEW SUBSECTION 7.9.b.3) (n), TO ADD SOCIAL AND FRATERNAL ORGANIZATIONS AS A PERMITTED PROVISIONAL USE AND BY PROVIDING AN EFFECTIVE DATE. Item UCl ORDINANCE 86-85 ESTABLISHING STANDARDS AND REQUIREMENTS FOR NEWSRACKS LOCATED WITHIN THE PUBLIC RIGHTS-OF-WAY AND ON PUBLIC PROPERTY - ADOPTED Legal notice having b~en published in the Naples Daily News on October 16, 1986, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider a progQsed ordinance establishing standards and requirements for newsracks located within the public rights-of-way and on public property. Assistant County Attorney Anderson stated that a few weeks ago, he met with attorneys representing the Fort Myers News Press, USA Today, and the Miami Herald and with a representative from the Naples Beautification Council to go over the proposed ordinance to come up with standards that were acceptable to everyone that was interested in this. H~ stated that he believes that this proposed ordinance is one Page 29 - - - ~ .."_~,_~...c"c.',,,1·,"""'·",¡¡fu,"·,·,,··.,~;'~·',·,·,_,,,;,,' .. .- - December 9, 19B6 that everybody can live with. He noted that under this ordinance if a citizen has a complaint about the placement of a particular newsrack, there is a procedur~ set forth in the ordinance for him to file a complaint which the Public Works Department would investigate and determine whether the newsrack was in violation of the ordinance and if it is determined that it is, the newspaper has the opportunity to cure the violation or to request a hearing before the Board of County Commissioners before the newsrack is removed or relocated. He stated that there is also a prOvision in the ordinance for emergency removal of a newsrack where it poses an emminent hazard to pedestrians or motor vehicles and the newspapers have a right to have a hearing following the removal, if they so wish. ... Commissioner Saunders stated that with regards to the definition section of the ordinance, under owner it should read particular person instead of particular individual, to which Assistant County Attorney Anderson concurred. In answer to Commissioner Saunders, Assistant County Attorney Anderson stated that the size of the news racks are the same as the City of Naples, but the standards are somewhat different with regards to locations, and measurements. County Manager Lusk stated that the only problem he has with this ordinance is that the Executive Summary indicates that there will not be any fiscal impact on the County, which is not true, adding that any ordinance of this nature will ultimately have a fiscal impact on Page 30 ðOOK 099 P)f.: 544 --"",...".~_...._-._--""",-~--"".,.__.-,--,.,,,.,,,..,,..----,-;,.,,,,",,~"=.,,..^' am 09'9 f1~ 545 December 9, 1986 the County and where that comes into effect, is the code enforcement people have more ordinances to enforce and there will be more need for code enforcement people. The following people spoke in favor of this proposed ordinance citing the fact that they are, willing to cooperate with the community; it is something that is needed but they should all be the same color and there should be no advertising on theml it serves the concerns of the citizens; they will be maintained and kept off the streets: Jeff Seeber, representing USA Today and Ft. Myers News Press Herb Anderson, representing Naples Beautification Council and Naples Civic Association Jerold Budney, representing the Miami Herald Col. John Beebe, representing Lakewood Civic Association John McGuire, representing Vanderbilt Beach property owners presented pictures of newsracks Mr. Kenneth Tanner, representing Naples Daily News, stated that this ordinance is well thought out and everyone is in favor of it, but he has a clarification as to the effective date, addi~~ that if it becomes effective upon receipt of notice of the Secretary of State, there is not enough time to comply with all the standards. He noted that the City of Naples ordinance ailowed them 180 days to come into compliance and he would like to be able to have this same opportunity. Commissioner Saunðers 3tated that he would suggest that the effec- tive date remain as stated, but Staff could be directed from an enfor- cement standpoint, that there will not be any violations of the ordinance for 180 days, in order to give all the newspapers an oppor- tunity to comply with the ordinance. Page 3l - - - ......""-".................,.,.,.".",...._~-,-_.......,""""-...=..." .._,-"'--"......'''',-,~-,-'.,,'>'- .. . .. .. December 9, 1986 Tape f4 Mr. George Keller, representing Collier County Civic Federation, stated that with regards to the enforcement, this should not come before the Board, adding that it should have a penalty and Staff should be able to enforce it. Assistant County Attorney Anderson stated that Staff cannot act as prosecutor and jury, adding that the Board of County Commissioners will act as jury. He stated that the newspapers have a right to a hearing and they cannot be denied due process. Commissioner Saunders moved, seconded by Commissioner Goodnight and carried unanimously, that the public hearing be closed. Commissioner Saunders moved, seconded by Commissioner Goodnight and carried unanimously, that the Ordinance as titled and numbered below be adopted and entered into Ordinance Book No. 25 with the change in Section t and the enforcement of 180 days: ORDINANCE 86-85 AN ORDINANCE ESTABLISHING STANDARDS AND REQUIREMENTS FOR NEWSRACKS WHICH ARE LOCATED EITHER IN WHOLE OR IN PART WITHIN THE PUBLIC RIGHTS-OF-WAY AND ON OTHER PUBLIC PROPERTY; PROVIDING A PURPOSE; PROVIDING FOR DEFINITIONS; SETTING FORTH REMOVAL PROCEDURES; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DlI,TE. Item f6C2 RESOLUTION 86-232 RE PETITION AV-86-017, WILSON, MILLER, BARTON, BOLL , PEEK, INC. REQUESTING VACATION OF LOTS 20 THROUGH 39, BLOCK N, QUAIL CREEK, UNIT 4 - ADOPTED Legal notice having been published in the Naples Daily News on November 23, 1986, and November 30, 1986, as evidenced by Affidavit of Pðge 32 ðOOK 099 P~'.! 546 _."..-.,..._......_...._~......,._...----~,-_.- ~"'._..._"__,.."'"'_....._""',.'"..,_.,..'..~"'~"',."..,,^'...........~,w.,""'...__".",_."......,.·..,-,.""',...= ~m On9m~ 54:7 December 9, 1986 Publication filed wJ.th the Clerk, public hearing was opened to con- sider Petition AV-86-0l7, filed by Wilson, Miller, Barton, SoIl & Peek, Inc. requesting a vacation of Lots 20 through 39, Block N, Quail Creek, Unit 4. Public Works Administrator Archibald stated that this petition is to consider the vacation of a portion of a block in Quail Creek, spe- cificðlly lots 20 through 39. He noted that the Developers are planning on replatting those lots, adding that there are currently 20 lots with 150 foot frontage per lot. He stated that the replatting is a companion petition and calls for larger lots with a 200 foot fron- tage and the reduction of the number of lots from a total of 20 to a total of 16. He noted that staff has received the letters of no objection and reviewed this petition and recommend approval of this. commissioner Goodnight moved, seconded by commissioner Saunders and carried unanimously, that the pUblic hearing be closed. .,- commissioner Goodnight moved, seconded by Commissioner Saunders and carried unanimously, that Resolution 86-232 re Petition AV-86-017, Wilson, Miller, Barton, Soll & Peek, Inc. requesting vacation of lots 20 through 39, Block N, Quail Creek, Unit 4, be adopted. page 33 - - - eDOK 09'9 pm 549 December 9, 1986 Item UC3 ORDINANCE 86-86 RE PETITION PDA-86-8C, WILLIAM C. MCANLY, REPRESENTING AUGUSTA COURT CONDOMINIUM ASSOCIATION, INC., REQUESTING AN AMENDMENT TO LELY COUNTRY CLUB PUD LOCATED ON THE SOUTH SIDE OF RATTLESNAKE HAMMOCK RO~D - ADOPTED Lcgal notice having been published in the Naples Daily News on November 7, 1986, as evidenced by Affidavit of publication filed with the Clerk, public hearing was opened to consider Petition PDA-86-8C, filed by William C. McAnly, representing Augusta Court Condominium Association, Inc., requesting an amendment to Lely Country Club PUD to allow a private access driveway onto Rattlesnake Hammock Road from Augusta Court Condominium, for property located on the south side of Rattlesnake Hammock Road, approximately 1-3/4 miles east of US 41 in Section 20, T50S, R26E. Planner Weeks stated that this petition is part of the Lely Country Club PUD and thc objective is to amend the Lely Country Club PUD documcnt to allow for one additional road access off Rattlesnake Hammock Road into the Augusta Court Condominium Development. He noted .,. that lands to the north are zoned A-2; to the east and south are zoned PUD; to the west is RMF-l6 and to the northwest is MHRP. He stated that the proposed amendment is in compliance with the comprehensive plan and will have no effect upon permitted uses, density or develop- ment standards, nor should it have a significant impact upon Rattlesnake Hammock Road. He stated that this will add convenience to the residents of this project and should provide better access for Page 34 f: I ~:} ~¡ - - - -,---, ____.,'_.,..._'"-~'".......~'"'_..._,_...~...,._~,v··."'·". - .- - December 9, 1986 service and emergency vehiclcs. He noted that staff and all county agencies reviewed this petition and rccommcnded approval subject to amendment of the PUD docume~t to include the stipulations contained in the executive summary dated Dccember 9, 1986. He stated that the planning Commission recommcn~ed approval subject to the stipulations in the executive summary plus two additional stipulations, adding that one relates to an existing drive into the property that is to be closed and the other onc is a clarification of the right-of-way that is needed which is actually 2-1/2 feet instead of 20 feet. He stated that the applicant enclosed a ~etition with 107 signatures in favor of the petition. He concluded that Staff is recommending approval sub- ject to the Planning Commission's recommendation. commissioner. }foodnight moved,· seconded by commissioner Glass and carried unanimously, that the public hearing be closed. commissioner Goodnight moved, seconded by Commissioner Glass and carried unanimously, that the Ordinance as numbered and titled below be adopted subject to the stipulations and entered into ordinance Book No. 25: ORDINANCE 86-86 AN ORDINANCE AMENDING ORDINANCE 76-41, WHICH ESTABLISHED THE LELY COUNTRY CLUB PLANNED UNIT DEVELOPMENT, AS PREVIOUSLY AMENDED BY ORDINANCE 77-60 AND ORDINANCE 84-85; BY AMENDING SECTION 4.4.7., BUFFER ZONE ALONG SR-864; TO ALLOW ONE PRIVATE DRIVE INTO AUGUSTA COURT CONDOMINIUM; AND PROVIDING AN EFFECTIVE DATE. Page 35 ~QQK 09'9 FA~·t 550 IIODK 09·9r>.~.:.551 December 9, 1986 Item f6C4 ORDINANCE 86-87 RE PETITION PDA-86-9C, BOARD OF COUNTY COMMISSIONERS REQUESTING AN AMENDMENT TO WINTERPARK PUD BY ELIMINATING ACCESS TO LAKEWOOD BOULEVARD FROM NORTH LIGHT DRIVE - ADOPTED Legal notice having been published in the Naples Daily News on November 7, 1986, as evidenced by Affidavit of publication filed with the Clerk, public hearing was. opened to consider Petition PDA-86-9C, filed by the Board of County Commissioners requesting an amendment to the Winterpark PUD by amending Section "Development Regulations" by adding Subsection A. XVII, eliminating access to Lakewood Boulevard from Northlight Drive. Planner Weeks stated that on December l7, 1985, the Board directed Public Works Department to study the traffic impact of the proposed intersection with Lakewood Blvd. and Northlight Drive and after the Public Works Department presented a variety of alternatives, the Board determined that the best alternative was to close off the access so that Northlight Drive would cul-de-sac on each side of~bakewood Blvd. and would not intersect. He reported that the Planning Commission heard this item on July 17, 1986, and at the suggestion of the Glades Incorporated representative, this petition was delayed so that it could be heard with the accompanying petition which is next on the agenda. He indicated that the Planning Commission heard this for the second time on November 20, 1986, and they recommended approval of thi!:l amendment. Col. John Beebe stated that this action is in fulfillment of a Page 36 - - - .. ... .. December 9, 1986 dec~sion that was made in April on the safety aspects of the access to Lakewood Blvd. and the Lakewood residents urge the favorable con- sideration of the Board regarding this matter. He stated that the next item which is a companion petition to this item deals with the relocation of the fire station from the southwest corner of Lakewood Blvd. to the east end of the Winterpark PUD which is something that should also be approved. commissioner Goodnight moved, seconded by Commissioner pistor and carried unanimously, that the public hearing be closed. Commissioner Saunders questioned if Mr. Bruns has reviewed this petition and the next one and further questioned if from the develo- pers standpoint .i~t:¡ it acceptable r to which Mr. Bruns replied affir- matively_ commissioner Saunders moved, seconded by commissioner Glass and carried unanimously, that the Ordinance as numbered and titled below b8 adopted and entered into ordinance Book No. 25: ORDINANCE 86-87 AN ORDINANCE AMENDING ORDINANCE 83-32, WHICH ESTABLISHED THE WINTERPARK PLANNED UNIT DEVELOPMENT; AS AMENDED BY ORDINANCE 85-76; AMENDING THE WINTERPARK PUD SECTION "DEVELOPMENT REGULATIONS" BY ADDING SUBSECTION A. XVII, ELIMINATING ACCESS TO LAKEWOOD BOUlEVARD FROM NORTHLIGHT DRIVE; AND PROVIDING AN EFFECTIVE DATE. Page 37 eOOK 099 P~~t 552 .."_...............,.-~"'--,..............,""',". ~"._,._."-",,..._,.~_.. --"'"""','''-=-._,--'-,.....,..~-'''-".""~-" aOOK 09'9 pm 553 December 9, 1986 Item f6CS ORDINANCE 86-88 R~ PETITION PDA-86-11C, DR. NENO J. SPAGNA, REPRESENTING THE GLADES, INC. REQUESTING AN AMENDMENT TO THE WINTERPARK PUD BY AMENDING TãE MINIMUM LOT SIZE AND SIDE YARD BETBACK FOR THE FIRE STATION AND AMENDING THE MASTER PLAN - ADOPTED W/CHANGES Legal noticc having been published in the Naples Daily News on November 7, 1986, as evidcnccd by Affidavit of Publication filed with the Clerk, public hearing was opened to considcr Petition PDA-86-llC, filed by Dr. Neno J. Spagna, representing the Glades, Inc. requesting an amendment to the Winterpark PUD by amending the minimum lot size and side yard setback for the fire station and amending the master plan for property located in Section 12, Township 50 South, Range 25 East, approximately 48.7 acres. Planner Weeks stated that this amendment to the Winterpark PUD is to amend the minimum lot size and side setback requirement for the fire station and to amend the master plan to reflect those changes and to delete some language regarding utilities because th~'Board recently purchased the Glades sewage treatment facility. He stated that as a result of closing off the Northlight Drive intersection, this has an effect upon the fire station site and it is proposed to be moved from the southwest corner of the intersection of Lakewood Blvd. and Davis Blvd. to the far eastern edge of the Winterpark PUD abutting the LDOT facility. He noted that the Planning Commission reviewed this peti- tion on November 20, 1986, and recommended approval subject to amend- ment of the PUD document as outlined in the agreement sheet which is Page 38 - - - .. .- .. December 9, 1986, contðined in the exccutive summary dated December 9, 1986. He indi- cated that staff and all appropriate agencies reviewed this petition and had no objection to it. He noted that there is one ðdditional change to the ordinance that has to do with utilities, on Page 2 of the Ordinance undcr Section 4, XIV, b. it should reðd: "All construc- tion within the projcct must be in compliðnce with Florida Administrative Code regulations and thc PUD documcnt shall be sub- mitted to the South Floridð Wðter Management District for approval of the site plan with respcct to existing wellfields." Commissioner Glass moved,- seconded by Commissioner Saunders and carried unanimously, that the publio hearing be closed. commissioner Goodnight moved, seconded by Commissioner Baunders and carried una~~mouslY, that the Ordinance as numbered and titled below be adopted with the above referenced changes and entered into Ordin~nce Book No. 25: ORDINANCE 86-88 AN ORDINANCE AMENDING ORDINANCE 83-32, WHICH ESTABLISHED THE WINTERPARK PLANNED UNIT DEVELOPMENT; AS AMENDED BY ORDINANCE 85-76; AMENDING THE WINTERPARK PUD SECTION "DEVELOPMENT REGULATIONS" BY AMENDING SUBSECTION A.III, MINIMUM LOT REQUIREMENT; ADDING SUBSECTION A.V.b., TO SET SETBACKS FOR THE FIRE STATION; AMENDING SECTION A.XIV, UTILITIES; ADDING NEW SECTION "DEVELOPMENT COMMITMENTS"; AMENDING THE PUD MASTER PLAN TO REFLECT TIIESE CHANGES; AND PROVIDING AN EFFECTIVE DATE. (See Pagc ,bO 7 ) Item tSA STAFF TO RETURN TO BOARD IN TWO WEEKS WITH. A REPORT REGARDING THE WINTERBERRY BALLPARK ISSUE ON MARCO ISLAND Mrs. Thelma Spiro of Marco Island stated that they chose Marco Island to retire as it seemed to be a nice quiet area with lovely Pðge 39 ðOOK 099 PAC.[ 554 ",~-,-,-""-~"~,---",-",-~,,,,,,,,,,,",,,,,.....,~~...._-,,,,~,..,._-,_.,,-,,, - - - December 9, 1986 recreational facility on the 29 acre site. He stated that the County then allocated all of this money toward building a lighted adult base- ball field in Winterberry Park, adding that it is difficult to understand the receipt and allocation of thesc funds. He stated that through the 1976 agreement, Deltona followed through with their part. lie rcported that the $76,195 went to a separate park facility instead of being used or retained at the 29 acre park. He noted that when this money was approved, it was not to be paid until 1984 and in a totally separate negotiation between Deltona and the County, Deltona won approval in March, 1984, of a change in zoning from single-family to multi-family for a largc tract of land near the 29 acre park in which they built the San Marco villas. He reported that the funds were used to conwert the park to ~n adult baseball field from a childrens park and was lighted for adult baseball. He stated that there is county sponsored baseball played in southwest Florida and the lighted adult baseball park on Winterberry was approved by the COt 1ty even though it is located in a 100% residential neighborhood and further, it was approved over the objection of the Collier County Parks & Recreation Department who stated that the high intensity lights would not be acceptable in a residential neighborhood and the park should be more ccntrally located in Collier County to serve the majority of those interested as participants or spectators. He indi- cated that Marco Island already has a lighted little league park at the Tommie Barfield School and ther~ is a non-lighted little league Page 41 eoo~ 09'9 w·~ 556 "\ eOOK 09H f'~r.1557 December 9, 1986 park on the YMCA grounds on San Marco Road. He stated that the lights in winterberry Park are 80 to 90 feet high as required for an adult baseball park, adding that there are 8 poles with five lights on each that are 1500 watt sports lights, which are the same large commercial high intensity lights that ar~ used in stadiums. He stated that the glare from these lights at this park is equivalent to 600 street lights. He referred to various references throughout the zoning ordi- nance with regards to lights, núisance and noise. Tape 45 Dr. Spiro noted that the property Appraiser recently stated that Marco Island is the only area in Collier County where the property values are being lowered. He concluded by presenting a picture of winterberry Park and stating that he is requesting assistance in this matter, by moving thc lights and park to a more ccntrally located ,,~ area. Commissioner Saundcrs questioned who is playing at this ballpark, the length of the season and where these people come from, to which Public Services Administrator O'Donnell stated that the majority of the individuals that arc in the men's softball league are participants from outside the Marco Island area, adding that the season ends in January for the men's softball league. In answer to Commissioner Saunders, Mr. O'Donnell stated that with the construction of the community parks, he is hoping to alleviate a lot of the scheduling demands that are placed upon Winterberry Park, Page 42 .. - - .. ... .. December 9, 1986 adding that he anticipates in being able to open the Golden Gate Park the middle of January, the Immokalee Park being open at the end of December, and the North Naples Community Park being open in March. Commissioner Saundcrs questioned if it would be possible to remove the lights at Winterberry and eliminate the schedule all together, to which Mr. O'Donnell stated tl,at it would be a substantial cost to do this. He stated that the cost to install these lights was approxi- mately $80,000 and that did not account for the acquisition of the lights. County Manager Lusk stated that the Little League program is mostly Marco Island. Commissioner Saunders questioned if the Little League could play at the Tommie Barfield Park, to which Mr. O'Donnell stated one of the problems with Tommie Barfield Park is that the drainage is not as good as Winterberry. Commissioner Saunders stated that he would ask the Board to con- sider a proposal to get direction from Staff as there is not enough information available to make meaningful decisions, but based on the communications from Dr. Spiro, there seems to be a problem and it is something that needs to be addressed. He stated that he would like to get a report back from the Parks & Recreation Department on the utili- zation of that facility and what Can be eliminated from that facility through the use of the other County parks, what could be done at the Tommie Barfield location to eliminate some'of the usage of aOOK 09H PAt.~ 558 Page 43 "-... -" &OOK 09'9 PA'.~ 55.9 December 9, 1986 Winterberry, and to rcport back in two weeks. Commissioner Pistor stat~d that he would like to know how many of the people playing ball are service type people that work on Marco Island but may not live there. Commissioner Saunders stated that another aspect of the request to staff would be to look into the feasibility of shielding the lights. Mr. O'Donl1cll stated that this possibility has been explored and it has been exhausted. Commissioner Saunders moved, seconded by Commissioner Glass and carried unanimously, that the Parks' Recreation Department brinq a report back to the Board in two weeks on the suggestions he outlined above and the concerns of commissioner Pistor. Item laB PRESENTATION BY BOB ~RABOWS~I RE PROVISIONAL UBE PERMIT NO. PU-85-'2C RESOURCE RECOVERY FACILITY - NO ACTION TAREN ... . County Attorney Cuyler stated that there is a reconsideration pro- cess and he wants the Board of County Commissioners to understand that this was a decision that was acted on by the Board in early November, 1986, and under the reconsideration process Board members can bring matters back to the Board for reconsideration and no board member has done this, adding that this is a request by a member of the public and technically, there is no method by which members of the public bring things back before the Board of County Commissioners. Mr. Bob Krasowski stated that he petitioned to address the Board Page 44 - - - - .. .. December 9, 1986 regarding PU-85-22C and the Commissioncrs actions of November lO, 1986, to extend that permit. He stated that he is not trying to create a climate of legal technical challenge, but simply to com- municate his perceptions on this issue and how it relates to the per- mit process. He stated that this provisional use permit was granted prior to final selection of a vendor, adding that those submitting materials as part of the review and comment process had limited infor- mation regarding how this facility would impact the community in rela- tion to public health, safety, environment, and economics. He stated that the EAC gave its qualified approval of this project with the sti- pulation that copi0~ vf data emissions be furnished to the Natural Resources Manageme~t Department and the minutes of their November 20, 1985, meeting showed that inadequate and misinformation served as the basis for their decision. He reported that the School District and the Health Department failed to address the controversial aspects of the project as they relate to their areas of interest. He stated that there is not enough knowledge as to how this project might impact the community or how the emissions might effect the quality of life of the senior citizens that live in Golden Gate. He stated that the Golden Gate Fire District did a study and determined that in order to adequately service the needs of this particular facility, they would need $100,000 a year which does not includc the cost of a hook and ladder truck, adding that this would exceed any expected revenues received from the project. He noted that the report exemplifies what Page 45 eOOK 09H rv.~ 560 ~oo~ 099 f~'.~ 561 December 9, 1986 is proper and appropriate for one aspect of this project, adding that if every department did such an adequate job, there would be a better understanding of what is being dealt with. He stated that it has become evident that the early information provided this community on the waste handling issue was inadeq~ate as well as biased. He stated that all information must be.re-evaluated, adding that in conclusion he would like to request that due to inadequate information, the Board rescind its extension of PU-85-22C. Mr. James McMullen, President of Endangered Species Foundation, stated that hiÐ conccrn stems from a point that was made in relation to the environment, specifically the Everglades, the Big Cypress Swamp Land, the Fahkahatchee Strand and the endangered species that exist in the area. He stated that the EAC was told that there were no endangered species in the area, adding that there are three State and Federal endangered species of the Florida Panther in the immediate area verified by the Game Commission for the State of Florida. He stated that for at least a year, there has been an adult southern bald eagle and two yearlings cited in the landfill area, which is a Federal endangered species and are protected by laws. He stated that this should be taken into consideration and an environmental impact study should be done of this area. He stated that he has a lot of questions with regards to the dioxin issue in relation to mammal population. Mr. William Barton stated this issue is going to have its forum, adding that the Department of Environmental Regulations is going to Page 46 - - - -~-",---",--,----,-,~...._--"", - - - December 9, 1986 have a hearing on the environmental aspects of this project in february. He stated that the issues that are being raised seem to be in the wrong (orum this date. He stated that the Commission has taken action on the provisional use and it was taken based on good and suf- ficent data at the time to make that decision, adding that it is not a decision that says the plant will go forward just because the provi- sional use was granted. He stated that the decision regarding this plant will be made based on its merits and the merits will be heard on the environmental aspects in due course in the proper forum and he requested that the Board withhold any action and follow the present course until that proper forum is held. Mr. Curt Mitchell stated that the provisional use section of the Zoning Ordinance calls for an evaluation of any permitted facility in reference to its'impacts on neighboring properties in relation to its economic effects. He stat8d that he owns a tree farm which is a neighbor of the proposed site and he is concerned with the detrimental effects that this facility may have on his trees. He stated that allowing a provisional use permit is not appropriate for this project. He stated that he is requesting that this provisional use be repealed. Tape 16 Mr. Walt Coulson stated that he is representing the committee for residents opposed to incineration, adding that the provisional use permit does not demonstrate or promote the public health, safety, order, comfort, appearance, prosperity or general welfare. He stated Page 47 &ODK 099 p;:.: 562 em on9nr¿ 563 December 9, 1986 that the proposed trash burning plant is not harmonious with our uni- que, natural, ecological trcasurcs of the Everglades, Big Cypress National Preserve, the Mangrove Swamps, and the many endangered spe- cies. He stated that this ~s not in. the best interest of the public bccause of the importation of additional waste material from surrounding counties. He stated that the contract leaves open the possibilities of hazardous waste importation and incineration, adding that the plant requires over 5 million gallons of water per week to operate which puts additional burden on the existing water shortage and the possible formation of sink holes in the area. He stated that 1/3 of the emission test results were not included in the value because the plant was experiencing temporary feed problems due to unstable firing. He stated that he does not feel that this plant is in the best interest of the public. He indicated that the provisional use extension should not have been approved, adding that he wants to .... keep Collier County clean. He stated that a source separation, recycling and composting program should be implemented which will be cleaner, safer and less expensive than the current proposed plant. Mrs. Jan Krasowski, representing residents opposed to incinera- tion, stated that she has a petition containing approximately 2,000 signatures which states that the issuance of a County provisional use permit is opposcd. She rcported that they are opposed to this permit based on insufficient data as well as the environmental aspects and the economic impact that this plant will have on Collier County. She Page 48 - - - ,.;,__"'.....",1 - - - December 9, 1986 stated that to this date a completed water usage application has not been submitted to the South Florida Water Management District and, after the request to withdraw this water from the Tamiami Aquifer was denied, this plant is now proposing to withdraw water from the water- table aquifer. She stated that this issue had not been thoroughly investigated at the time the provisional use permit was approved on December 17, 1985. She stated that she would request that this provi- sional use permit be brought back to be reconsidered. Mrs. Charlotte Westman, representing the League of Women Voters, stated that there is a contract presently between the Commission and the vendor for the resource recovery plant. She stated that she agrees with Mr. Barton with regard to the hearing scheduled for ." February with the DER. She stated that Mr. Krasowski indicated that the provisional use permit was approved prior to the selection of a vendor, which is incorrect. She stated that the provisional use was approved on December 17, 1985, and the vendor was selected on December 3, 1985. She noted that with regards to the zoning of this property, it is most appropriate as the landfill is zoned A-2 and this is where a resource recovery plant should also be built. She stated that she feels that this was done appropriately and everybody reviewed this that was supposed to review it. She reported that the CCPC approved this petition and addressed every aspect of the ordinance. She stated that everything should be left as it exists. Commissioner Saunders moved, seêonded by Commissioner Glass and paqa 49 ðOOK 09"9 PAf.t564 ~. -~.._.~_...._,.~._.._---~---- eDOK 099 r:.r;: 565 December 9, 1986 carried unanimously, that due to the fact that no action can be taken on this item this date, that the Board of County commissioners move on to the next potition. Item 9Al C~RNIVAL PERMIT 86-8, RE PETITION C-86-SC, COLLIER COUNTY FAIR AND EXPOSITION, INC., REQUESTING A PERMIT TO CONDUCT THEIR ANNUAL FAIR ON THE S.E. CORNER OF OAKES BLVD. AND VANDERBILT BEACH RD. - APPROVED Zoning/Planning Director McKim stated that this is a request to conduct the annual fair on the southeast corner of Oakes Boulevard and Vanderbilt Beach Road. She stated that they are requesting a waiver of the surety bond, and the fee. She stated that the Certificate of Insurance is for $1 million and the lease specifies $2 million, which means that there is a discrepancy between the two. Commissioner Goodnight stated that the Insurance Certificates state the Oluegrass is for $1 million and the other one is for the Collier County Fair which is also for $1 million, and the way that it ... is typed up it is $1,000 times $1,000, etc. which equals a million dollars. She noted that she called the insurance company and questioned them on it, to be sure that it was right. Ms. McKim stated that the recommendation is that the Fair permit be approved upon consideration of the waivers. She stated that this Fair is not on the County pr0perty and the surety bond is to be sure that this property be left in clean and good order. She stated that the fee is for the processing of the permit and this is up to the Board of Co~nty Commissioners to waive. Page 50 - - - .. .. ~ December 9, 1986 County Manager Lusk stated that in the past, it has been the recommendation to waive this fee for the Fair. Mr. Bill l1ill, President of the Collier County Fair, stated that they want to have a fair in place and they are trying to realize that goal and need all the help they can get, adding that a non-refundable fee is being taken from one pocket and being put into another. He stated that they have not let their commitment down to get this fair underway and he would appreciate favorable consideration on this matter. County ^ttorncy Cuyler stated that he would recommend that Section 14 be changed to reflect the fact that there is $1 million for the Bluegrass and $1 million with the Collier County Agricultural Fair and Exposition, Inc"~s an additional insured and a separate $1 million Certificate of Insurance covering the Collier County Agricultural Fair and Exposition, Inc. commissioner Glass moved, seconded by Commissioner Saunders and carried unanimously, that Carnival Permit 86-8, re Petition C-S6-SC, Collier county Fair and Exposition, Inc. requesting a permit to con- duct their annual fair on the S.E. corner of Oakes Blvd. and Vanderbilt Beach Road be approved with all the fees waived and with County Attorney Cuyler's concerns incorporated. Page 51 ~OOK 09H w·~ 566 't -'~ . - - - December 9, 1986 ..... Recess: 12:05 P.M. - Reconveneð: 12:45 P.M. ..... PRESENTATION REGARDING LIBR~RY POLICIES - NO ~CTION UNLESS COUNTY ~TTORNEY DETERMINES THERE IS A VIOLATION OF COUNTY POLICY Mr. Paul Hoffman stated that the County MÐnager's office indicated to him that his request under public petitions was out of order, but he could be heard. He stated that the remedy that he seeks is to correct an act of malfeasance by the Public Library Director and The Library Advisory Board. He stated that the violation of the policy directives was appealed through all administrative levels and was upheld by those levels. He noted that the next proper step is an appeal to the Board, which is what is being done at this point, adding that the Board has the responsibility to correct violations of your subordinates and of your policy directives and that is what is being . <' asked. He stated that, if in addition, it is the public interest to take disciplinary action that is up to the Board. He stated that he wants the public library to serve the public in an unbiased and uncen- sored way. He stated that authority can be delegated but respon- sibility cannot be delegated and since subordinate authority has refused to correct a clear violation of your policy directives and a constitutionally protected right of freedom of the press, it is your responsibility to see that it is corrected and he is petitioning that the Board put a stop to the practice of censorship of the press by the Public Library Administration. He noted that there is a definite imbalance in the slant of the news and this has been well documented Page 52 MO~ 099 W\ 568 _..__." "".- ··......,_",_.._,____,,;_.""""'~""'__~,w ~OM U9H ~~<.~ 569 December 9, 1986 for years, adding that there is a severe imbalance in Collier County's public libraries. He noted that he does not protest the presence of far left and the great number of liberal left materials, provided enough funds remain to balance them with conservative material. TApe 17 Hr. Hoffman stated that hè is charging malfeasance in office by the Library Director and Library Advisory by their arbitrary action of refusing to allow the Spotlight newspaper in the Public Library, they are violating every precept for the very existence of a public library, adding that these precepts are clearly set forth in the policies of the Collier County Public Library Board's statement. He indicated that the policies set forth in the document is binding upon the Library Administration. He stated that he has read every issue of the Spotlight Newspaper since it began publication more than 10 years ago, adding that he speaks with authority according to its content. He reported that it is 100% pro-American and has alway~'adhered to an editorial policy of American first, adding that it consist of the publishers side of the news that the control press either distorts or ignores regarding information which is vital in making an informed judgement on cr.:tical issues. lie questioned why the Administration refuses to include the Spotlight in the Library? He indicated that the Library Director, Mr. Demarest, told him that money was no objec- tion. He stated that this is not just a local issue, it is a national one, but the issue here is not one of who is right on controversial Page 53 .. - .. ,_.",.~""_,_""..",,,.~,..,,,,.>,,,,,..>"'_.'.,."_> ~"""'-''''_'''"'''''''''''''''''~''''''''''''''''''"''_''''''''''''''''_''","_,.",,,,,,,,__,,,,--,,-,,,,,,,_,,,_,,,,___,,,,_..-_____....'_M".·"""'..._,"""'",~~...."'^._w..........'_...;_·,;__....."'"·......_.,,~_'" .. .. .. December 9, 1986 issues, but the public's right to both sides of the news. He stated that presently thcre is no publication in the Library that presents the other side of the news os extensively and honestly as does the Spotlight. He indicated that the Library Director, the Library Advisory Board, the Public Scrvices Administrator, and the County Manager have upheld the dccision to deny the Spotlight. He noted that immediately following the request to have the Spotlight in the Library, the Library Administrator found it necessary to seek a change to the Collier County's Public Library Policy Boord Statement. He noted that the change was an addition of a clause defining selection criteria for controversial materials which was approved on the Board consent agenda on March 19, 1985. He stated that this was cleverly written so that anything that is considered controversial can be removed from the' ribrary, and if this was applied equally across the board, a good percentage of the library could bc emptied out. He stated that the intent was to try to apply the criteria very selec- tively with regards to the Spotlight. He noted that the minutes of the Library Advisory Board meeting of June 27, 1985, and March 27, 1986, indicates that this charge is made against the Spotlight, adding that the charge of anti-semitism was also made. He noted that there is no proof to these chargcs and the Library Advisory Board does not have the right to say that the public should not have access to infor- mation containcd in the Spotlight. He stated that by doing this, it is only permitting one side of controversial issues being made public Page 54 bOOK OmJm~570 "-' MO~ ŒJ9 P:'c·~ 5'71 December 9, 1986 and not keeping with the policy of intellectual freedom and availabi- lity of all points of view. He stated that no facts have been pre- sented to support censorship, adding that censorship is a violation of the right of freedom of the press as. protected by the first amendment to the Constitution and he challenge~ any authority to prove in a valid court of law that the Spotlight newspaper does not qualify for first amendment protection. lIe noted that what is at stake is the right to read or not to read and be exposed to controversial thoughts and language, adding that since taking a stand on this issue he has been personally harasseà by numerous telephone calls at all hours of the day and night in an obvious attempt to intimidate him. He noted that the Public Library is supported by public tax funds, therefore, it must be maintained and administered in the best interest of all the people of Collier County and must not be permitted to serve only the u.s. liberal establishment. H~ reported that control of the news is a '" . national problem and the Board has the power to crack the barrier of control and asked that the Board honor their oath of office as constitutional officers and defend the right of freedom of the press by ordering the Library Administrator to subscribe to the Spotlight on a continuing basis and give it as equal exposure as granted the other newspapers in the Library. Mr. William Morse stated that he would like to discuss certain policies and decisions of the Library Review Board as they relate to subscribing to and permitting on their shelves a national weekly Page 55 .. - - D~cember 9, 1986 n~wspaper published in Washington, D.C. called the Spotlight. He stated that the Library Board has decreed that the Spotlight is too racist and controversial to be allowed on their shelves. He indicated that the denial of the Spotlight is based solely on charges completely unsupported made by an organization called the B'nai Brith. He stated that the Spotlight is the most patriotic newspaper available in the u.S. He noted that the point of view of th~ Spotlight is best described as populist and nationalist. Mr. Demarest, Library Director, stated that this whole issue has created a great deal of conflict, adding that he has been involved in this issue for over two years. He noted that he was approached by Mr. Hoffman in November, 1984, with a request that the Library subscribe to a periodical "t'hat he left with him for review, called the Spotlight. He stated that it is standard operating procedures to look at published reviews of the periodical to see if it is recommended for inclusion in library collections and to evaluate its usefulness in the community. He reported that the published library review tool that he used was called Magazines for Libraries and the Spotlight was not recommended. He stated that based upon this and his opinion as to whether it met the criteria that has been established, he decided that he could not justify spending tax dollars on this particular publica- tion, adding that it is definitely a controversial publication. H~ noted that the point of the matter ~~ whether tax funds are to be expended for all periodicals and books that individuals want to see in &OOK 099 PA~·L 572 Page 56 em on9mt573 December 9, 1986 the library, adding that this is not feasible. He noted that the English language periodicals that are published every year number more than half a million and the County cannot subscribe to all of them, adding that judgements have to be made as to which ones will be the most useful, the most accurate, the most cost effective in the com- munity. He stated that he has been requested during the last two years to subscribe to a number of other periodicals, like Playboy, Gay Sunshine, and The American Atheist, which were all denied based upon a review of their usefulness in the community. He stated that there is a fine line that one can draw between censorship and having to select a title for inclusion in a public library. He indicated that the Library Advisory Board looked at this periodical and at everyone of the meetings, where a formal vote was taken, the request of Mr. Hoffman was denied. He stated that this is not a censorship battle, it involves the ability of the staff to make selection decisions and they are subjective, but there are trained professiongi librarians that do this. He stated that a number of periodicals have also been canceled due to the fact that people are not reading them. He noted that people are asked to initial these books or put a check mark on the cards t~at are hooked to the books so that it can be determined how much these books are used. He stated that there is a broad spectrum of periodicals, adding that most of these periodicals do not take a stance on issues. He stated that this controversial issue has taken a great deal of his time over the past two years. He noted that Page 57 - - - .. .. December 9, 1986 he has purchased book titles that have been recommended by Mr. Hoffman, adding that a book is a one time expense and takes up limited shclf, but a pcriodical is an on-going expcnse and rcquires that back files are maintained. He noted that the Spotlight falls short on quite a number of the critcria that is used to judge whether a periodical should be accepted. He stated that the criteria is timeli- ness, accuracy, authoritativeness of the author, publisher clarity, group and individual social significance, suitability and importance in libraries resources, format, price and availability of money in the fiscal resources. Commissioner Hasse stated that there has bcen reference made to the taxpayer's money and questioned if someone contributed this, would . ." it be accepted, to which Mr. Demarest stated that the same criteria is used to judge gifts as it is for purchases. Mr. Demarest stated that the expense to maintain the subscription exceeds the price of the subscription by maintaining the periodical records, the shelf space, the back files, and the C0st to claim missing issues, adding that the cost is substantial. Commissioner Saunders stated that he asked the County Attorney to take a look at the procedure that was followed by the Library Director and the Library Advisory Board to see if there was any failure to meet thc requirements of the Ordinance, and questioned if the County is in compliance with the ordinance in terms of rejection of this item? County Attorney Cuyler stated that based on the material that he has, Page 58 eOOK 099 PAr.[ 574 ~GDK 09"9 p~r·t 575 December 9, 1986 the rejection of the publication seems to meet the criteria and the petitioners have availed themselves of the various appellant mecha- nisms. Commissioner Saunders stated that from his observation of the operation of the Library, a fine job has been done and there are going to be circumstances where there will be disagreement. He stated that he is very satisfied with the management of the Library. He stated that this is not ð censorship issue or a freedom of press or freedom of speech issue, adding that the question is whether the Library has an obligation if someone wants this publication to put it in the Library. He stated that he recognizes that with the thousands of publications that are available it would be impossible to accommodate everyone if they asked that these publications be placed in the Library. He stated that as long as the Library Director is complying with the ordinance, he feels that he has to uphold theddecision of the Library Advisory Board and the Library Director. Commissioner Pistor questioned if any library subscribes to this publication, to which Mr. Demarest stated that about 7 months ago, he ran a data base search and could not find a library in Florida that has subscribed to the periodical, but since that time, he has found out the Lee County Library was given a gift subscription to the Spotlight and it is displayed with their periodicals. Commissioner Pistor questioned if there has been any call for this publication, to which Mr. Demarest replied that there has been Page 59 - - - ~··~',·,.·"'h~~"""'_",..~""_.,,·____.,,,..,,",·,,_.,..,..".-'-""·~"'""'""""""___"~""_·''''''''''''..'I'<'''''''''''''''''''''''_'+'__''''-_"'~'~"'_~_"""_'~""~""'''''''" .. .. .. Deccmber 9, 1986 correspondence regarding this publication from two other people other than Mr. Hoffman and Mr. Morse, adding that an overwhelming majority of the titles that are recommended by the public are purchased or subscribed to. He stated that 90\ of the requcst for material is purchased, adding that if the material is not purchased it is usually due to the fact that it is not in print any longer or may be very expensive. Assistant County Manager Dorrill stated that Mr. Egon Hill had asked to speak on this item and wanted it so noted, but was unable to stay any longer. Mr. Joe Grimm stated that it seems entirely alien to find an issue such as this being debated in a free constitutional republic like the United States of.þmerica. He noted that it is reprehensible that the Public Library supported by public money is under the direction of people who plainly and unabashedly attempt to block public expo~ure and access to this publication or any other pUblication because of the philisophical attitude of its content. He stated that he feels that the bottom line is that if the Library Director can provide shelf space he should have no ligitimate objection to this publication. Mr. Dan Nichols stated that the news that comes from the syn- dicated press is lopsided and a lot of information is left out, adding that if the news media was relied on, everyone would be poorly informed. He stated that the Spotlight is, not controversial at all, adding that true information and true facts on national and inter- eODK 09"9 PAr,t 576 Page 60 <""'~"''''''''''''''_''_''''''#.''''''_'~_'_'''''~___'''~'''______'.".,,*,____""_"'''''c.,"'''".~''..~"._'''''......'.._"."''"_~,'''',''',·'..·'''"'''',,.._....'',''..,.~.. "~ ., ðODK 099 Þ:~t 577 December 9, 1986 national news can be obtained from this publication. He stated that denying the Spotlight in the Library, even as a gift, is an irrespon- sible exercise in selective censorship, adding that he urges the Board to support Mr. Hoffman in this matter. ~1r. William Snelling stated that this is a case of freedom versus control. He stated that evcryone that is an American is a sovereign American freeman and it is up to the Board to pass this on to the next generation and exercise sovereignty. He stated that he is not interested in the publication, but is interested in the principle of this matter. He noted that people have to make decisions which is a part of learning and this publication should be allowed in the library system. Tape U Commissioner Saunders stated that he has mixed emotions about cen- sorship and accommodating the needs of the Library. He'stated that there were a few concerns expressed on the indexing of this periodical as well as the definition of usefulness and suitability. He questioned if the Library would accept this periodical if it was donated and was placed in the Library only for a few days and then discarded so that there would be no storage or maintenance in terms of indexing, and is this something that the Library has considered in the past and would be reasonable? Mr. Demarest stated that this is done for a number of periodicals that are accepted and meet the criteria. Hr. Demarest stated that the Library cannot afford to maintain back Page 6l - - - - - - December 9, 1986 files as there is not storage space available. He stated that if the Board is considering takin~ any action, they should do so based upon the policies or amend them. Mr. Demarest stated that there are various groups in the community that are very upset with this whole issue. He stated that if the policies of thc Library arc amended, then he will subscribe to what is requested but there are also requests for periodicals like Playboy. Hc stated that he is trying to balance problems that could arise if periodicals of this nature were put into the Library, as well as looking strictly at the criteria that has been established. Commissioner Saunders stated that the Board should defer to the Library Advisory Board and its policies on the suitability of materials, adding that if the Board of County Commissioners does not . " like the policy, it could be changed in the future. Commissioncr Goodnight stated that whatever the library policies are, they have to be consistent. She stated that Collier County has a censorship on what is done in the Library, but there is not a cen- sorship on what people can buy and read, adding that the Library should be very selective. Commissioner Saunders stated that the Board is trying to balance a policy versus a perceived constitutional right and the Board is in a position to determine what policy is and the courts will determine if that policy is a violation of constitutional rights, adding that if the Board feels that the policy that has been adopted with the Library Page 62 eOOK 099 PAr.~ 578 aOQf; Ongr~'.! 579 December 9, 1986 Advisory Board making these subjective decisions based on some cri- teria is appropriate for the County, and if Mr. Hoffman feels that it is not appropriate, then the real remedy is for a court to tell t:he Board that their policy is not valid, He stated that, therefore, the Board needs to address the policy issue. He noted that if the Board of County Commissioners takes no action at all, it is his understanding that the policy statement of the Library Advisory Board stands. County Attorney Cuyler stated that he has reviewed the file and gone over the documentation and the policy as well, but he would feel more c6mfortable if he could look into this further, adding that he would ask that if the Board wishes, they take no action on this matter unless he comes back with a defect in the policy. commissioner Saunðers rnoveð, seconðeð by commissioner Glass and carried unanimously, that there be no action this date and that the ". Policy as stated by the Library Advis~~y Board will stand until and unless the county Attorney advises that the polioy has been violated. Commissioner Glass stated that there is a constitution and it should be looked at, adding that even though certain positions are not agreed upon, the entire matter needs to be reviewed in the people's right to see things. Commissioner Hasse stated that people have a right and their rights cannot be denied. ***** Reoess: 2:15 P.M. - Reoonvened: 2:30 P.M. ***** Page 63 - - - - - - December 9, 1986 Item f9Bl CHANGE ORDERB IN THE AMOUNT OF $11,922 FOR ADDITIONAL WORK PERFORMED BY GEE CONTRACTORS, FORT MYERS AT THE COUNTY BARN EXPANSION PROJECT - APPROVED Public Works Administrator Archibald stated that this is to gain Board approval of all change orders to this date, adding that as part of the expansion at the County Barn to provide for Fleet Management and EMS and the services of other vehicles, the building was expanded 2,500 square feet for more bays and offices. He noted that the work is essentially complete and by the end of December that contract should be completed. Commissioner Glass stated that 'this work is done and the contrac- tor has to get paid for what was done. Public Works Administrator Archibald stated that at the end of the - .<' contract, he normally makes a final report and shows all the changes that were made. commissioner Saunders moved, seconded by commissioner Goodnight and carried 4/0, (commissioner pistor out of the room at this time), that the Change Orders in the amount of $11,922 for additional work performed by Gee Contractors, Fort Myers, at the County Barn Expansion project be approved. Clerk Giles stated that this is something that could be covered in the purchasing policy with regards to covering all change orders. County Manager Lusk stated that this is something that he is working on and will be bringing this to the Board. Page 64 &OO~ 099 p.m 580 '00" 09'9 mt 581 December 9, 1986 Hotel Chanqe Orders not received in office of Clerk of the Board as of Dec. 29, 1985 Item f9B2 C~NTRACTUAL BERVICES AGREEMENT BETWEEN BIG CYPRESS BASIN/SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND COLLIER COUNTY - APPROVED Public Works Administrato~ Archibald stated that during the budget hearings, certain responsiblities for canal maintenance was relinquished and those responsibilities were assumed by the Big Cypress Basin Board and they are undertaking the maintenance of approximately 20 miles of canals which are outlined in the agreement. He noted that the agreement provides for the County to continue to do the job, but be reimbursed by the Big Cypress Basin Board, adding that they are collecting taxes to undertake the maintenance work and the County is subcontracting to the Big Cypress Basin Board to perform the work and this agreement assures that there is payment of up to $100,000 for that job. "'. commissioner Saunders moved, seconded by Commissioner Glass and carried 4/0, (Commissioner Pistor out of the room), that the contrac- tual servioes aqreement between the Biq Cypress Basin/south Florida Water Manaqement District and Collier County be approved. "¡";.. r ,. ," Page 65 - - - aOOK 09"9 PAr,t 589 December 9, 1986 Item f9Cl BID '86-1052 FOR PRINTING OF PROGRAM TABLOID FOR PARKS AND RECREATION DEPARTMENT - AWARDED TO GULFCO~ST PRESS IN THE AMOUNT OF $4,348.00 Legal notice having been published in the Naples Daily News on November 13, 1986, as evidenced by Atfidavit of Publication filed with the Clerk, bids were received' for Bid #86-1052 for the printing of program tabloids for the Parks and Recreation Departm~nt until 2:30 P.M., December 2, 1986. Public Services Administrator O'Donnell stated that this item went through the Purchasing Department and notices wcre sent out to 10 ven- dors. He stated that only one bid was received on this matter. Commissioner Glass moved, seconded by Commissioner GOOdnight and carried 4/0, (Commissioner pistor out ot the room) that Bid '86-1052 tor printing ot program tabloid tor Parks and Recreation Department be awarded to Gultcoast Press in the amount of $4,348.00. Item UD1 ., .. BID '86-1041 FOR PLUMBING BUPPLIEB - AWARDED TO B , H SALES; SOUTHEASTERN MUNICIPAL SUPPLY; DAVIS METER' SUPPLY; AND SAVE-ON UTILITY SUPPLIES IN A TOTAL AMOUNT EBTIHATED AT $150,000 Legal notice having been published in. the Naples Daily News on October 29, 1986, as evidenced by Affidavit of Publication filed with the Clerk, bids were rcceived for Bid #86-1041 for plumbing supplies until 2:30 P.M., November 12, 1986. Utilities Administrator Crandall stated that the bid specifica- tions were sent to l8 vendors and 6 ~endors responded, adding that Page 66 - - - I '. .. - - December 9, 1986 four of the six vendors are being recommended for award of the bid. Commissioner Glass questioned why this bid is an estimated $150,000 instead of a firm price, to which Utilitics Administrator Crandall stated that the $150,OCO is what is estimated to be spent during the course of the ycar for these various items. He stated that these items are purchased during the year as they are needed and the vendors bid on the actual price per unit for thesc items. Commissioner Baunders moved, seconded by Commissioner Glass and carried unanimously, that Bid '86-1041 for Plumbinq Bupplies be awarded to B , H Sales; Southeastern Municipal Supply; Davis Meter' Cupply; and Save-On utility Supplies in a total amount estimated at $150,000. Tape 110 Itelll f9D2 , .~ CARRY 70RWARD BUDGET AMENDMENTS IN FUNDS 408 AND 431 FOR A TOTAL AMOUNT OF $3,633,854.70 - APPROVED Utilities Business Administration Dircctor McNecs stated that this is a request to approve two budget amendments in fund 408 and 431 to carry forward capital projects that were budgcted but not completed. He stated that this is for the County Water Sewer District and the other is the Marco Water Sewer District. He notcd that these are two large projects, one is the Marco Phase II sewer project and the other is the County Water Treatment Plant Design and the South County Sewer Treatment Plant Design. Commissioner Pistor moved, seconded by Commissioner Goodnight and eODK 09D W·L 590 page 67 '" aoo( 09'9 P.tr.t 591 December 9, 1986 oarried unanimously, that the Carry Forward Budget Amendments in Funds C08 and 431 for a total amount of $3,633,854.70 be approved. Item f9D3 COUNTY ATTORNEY'B OFPICE TO PILE SUIT BEERING APPOINTMENT OF RECEIVER FOR THE PORT-AU-PRINCE BEWER SYSTEM Commissioner Pistor stated that his concern about this item is f that the exccutive summary rcfers to the Public Scrvice Commission report which is not attached, adding that he knows quite a bit about this sewer system and he is surprised that it is still working. Utilities Administrator Crandall stated that Public Service Commission reviewed the income versus the expenditured of the facility and reviewed the abandonment procedure as it relates to State Law and made a recommendation that Collier County Utilities accept this and be the receivership of that facility. He stated that it is estimated that $2,670 would be needed for electricity, chemicals.J.materials and supplies, which leaves $1,988 for labor or capital expenditures that may be required at that facility, adding that without having operated it, it is difficult to know what the éxpenditures will be for a year but it is expected that these figures would be exceeded. Commissioner Saunders stated that this item does not indicate that the Board of County Commissioners is to do anything and questioned if the Board is supposed to authorize the County to serve as the receiver of this utility through some official action? Assistant County Attorney Anderson stated that the County Page 68 .. - - "'--¡,- II .. - - December 9, 1986 Commission is required by Statute to go to court and ~sk that a receiver be appointed, who the receiver becomes is not touched upon in the Statute, but there does not seem to be any interest to operate this fðcility. He stated that this is one of the time where the obli- gations to the public interest conflict with the profit making nature of the utilities operation, adding that these people need sewer ser- vice. He stated that what is needed is that the County go to court and ask to be appointed a receiver to operate the utility and in the meantime, try to make alternate arrangements to have this facility closed and have the sewage flows from this trailer park sent to enother sewage treatment facility. He stated that thp closest one is ð private treatment plant owned by the developer of the Wood Lakes ., -'" project, adding that he spoke with Mr. Spade and he offered a suggestion which would be to close down the Port-Au-Prince plant and the Wood Lake plant and have those two tied into another sewage treat- ment plant that is owned by Mr. Spade, called Rookery Bay. He stated that this would require the in~tallation of a force main and the question would arise who would pay for the force main. Commissioner Pistor stated that the Port-Au-Prince plant has been no good for quite a few years, but it cannot be shut down unless there is an alternative. Commissioner Saunders stated that the Board of County Commis- sioners is being asked to accept a report that they do not have and then they are asked to make a decision on providing some service to eo OK 099 P~':L 592 Page 69 aOOK 099 PAr,t 593 Deccmber 9, 1986 this area and the alternatives dre not known, and questioned if possibly a report could be brought back next week indicating what the Board's options are. He questioned if thcre is some type of emergency that needs to be addressed this date? Assistant County Attorney Andcrson statcd that there is somewhat of an emecgency situation as ~he Statute requires 60 days written notice to the PSC and to the County Commission prior to abandonment, adding that the 60 days is up January 4, 1907, and prior to that date, the County would have had to go to Circuit Court and make application for a receiver to be appointed. Commissioner Saunders stated that he has no problem with directing the Assistant County Attorney to file suit in Circuit Court, but with regards to alternative service he has a problem. Assistant County Attorney Andcrson stated that the alternative service is something that Staff would work on aftcr the receiver had been appointed. He stated that what he needs aside fr8~ authorization to go to Circuit Court and apply for a receiver is that the Collier County Commission be named the receiver. Commissioner Saunders moved, seconded by Commissioner Glass and carried unanimously, that the County Attorney's office be directed to tile suit asking that the court appoint a receiver for the Port-Au-Prince sewer system and look into any leqal action that can be taken against Mr. Spade if he should abandon this plant as well as looking into other alternatives with regards to operation of the Page 70 .. - - .. .. .. Deoember 9, 1986 plant. Assistant County Attorney Andcrson questioned what should be said if the Court asks if the County Commission is willing to become the receiver, to which Commissioncr Saunders statcd that he would say no to the Court and let the Court force the County into it. Item 9El TWO IBM PERSONAL COMPUTERB - APPROVED Commissioner Hasse stated that he received correspondence from Clerk Giles noting that thcre appears to be some kind of a question with regards to the software. Tom Olliff, Assistant to the County Managcr, stated that this is a recommendation to purchase an office automation system that functions through the IBM.S)'stem 38 and basically, it is a networking type of a system that networks the small personal computcrs together and offers a word processing package as well. He looked at the package and the advantage that it ofiers is that it can simultaneously send contracts to all the reviewing agcncies at the same timc which is a time-saving device. He indicated that the change is that the consultants are scheduled to be at the Courthouse ncxt week and he would like to reserve the final judgment of the Board until he receives some direc- tion from the consultants and, therefore, he is asking for conceptual approval based on the consultants judgment and continue with the ori- ginal request for two IBM personal computers for the Manager's Office and the Personnel Department. Page 71 800K 099 PAr.l594 ~;IW'~_" am 099 PJ~r 595 December 9, 1986 County Manager Lusk stated that the memo that was received from Clerk Giles is in regards to questions that the Board will have to deal with in the months ahead, ddding that there needs to be answers to what will happen with the SY3tem J8 if a utility authority is formed. He stated that he is not sure that this system was bought strictly for utilities and the Commission will have to address this. Clerk Giles stated that the IBM 38 was originally bought for uti- lity billing based on Phase II of the consultant's report. He noted that in early September, there .Ias a report on the long-range infor- mation system, and the opinion of the consultants was that as long as the System 38 is in place, why not go ahead and work with it for the office automation system. He nCJted that there are a number of vendors that would have like to bid on office automation if they had known that this was the original plan. He reported that Digital Corporation was mailed proposals to an address that was non-existeaçe and they would like an opportunity to prEsent their ideas to the Board Commissioner Goodnight moved, seconded by Commissioner Glass and carried 4/0, (Commissioner Saunders out of the room), that two IBM personal computers be approved in an amount not to exceed $10,000. Item 'llD BUDGET AMENDMENTS 87-54/55 AND 87/57 - ADOPTED Commissioner Goodnight moved, seconded by Commissioner Pistor and carried unanimously, that bUdget amendments 87-54/55 and 87/57 be adopted. Page 72 - -,..-""--,...""-"'''--_·.·_..·i___';.._______,~_·_·.I... - - - December 9, 1986 Item IUB BUDGET AMENDMENT RESOLUTIONS 87-001/006 - ADOPTED Finance Director Yonkosky stated that these budget amendment reso- lutions summarizes the budget amendments, adding that this resoultion appropriates the money. He noted that the Statutes require any new money that increases the total dollars in the budget to be adopted by resolution as opposed to motion, adding that he is streamlining the method for the Board so that resolutions and budgct amendmcnts do not have to be approved at different times. Commissioner Goodnight moved, seconded by Commissioner Pistor and oarried unanimously, that Budget Amendment Resolutions 87-001/006 be adopted. .'" eOOK 099 PAr,l 59B Page 73 " lOOK 099 PAr.l603 December 9, 1986 Item U1A $15,000 FOR STANDARD' POOR'S CORP. RATING FEE - APPROVED Clerk Giles stated that this is a bill for the Standard and Poor's rating for the $76,600,000 bond issue and has been reviewed by the Financial Advisor, Dave Fischer, and he recommends that the amount of $15,000 be paid. Commissioner Gooðnight moveð, seconðed by Commissioner Saunders anð carrieð unanimously, that the $15,000 for Stanðard , Poor's Corp. rating fee be approved. Item '12A COMMISSIONER PISTOR TO ATTEND THE WILDERNESS SOCIETY'S BECOND ANNUAL CONFERENCE Commissioner Saunðers moved, seconded by Commissioner Glass anð carried unanimously, that Commissioner Pistor attend the Wilderness Society's Beconð Annual Conference. Item f12B CAPTAIN JAMES MCINTYRE APPOINTED AND ACEY EDGEMON, CHRISTOPHER MIDDLEBROOK, AND JOSEPH PODESTA REAPPOINTED TO THE ISLEå OF CAPRI FIRE CONTROL DISTRICT ADVISORY COMMITTEE Commissioner Goodnight moveð, seconded by Commissioner Piator anð carrieð unanimously, that Captain James McIntyre be appointed for a two year term expiring on December 31, 1988, and that Mr. Acey Eðgemon and Mr. Christopher Miððlebrook be reappointeð to two year terms expiring on December 31, 1988, and that Mr. Joseph Podesta be reap- pointed to a one year term expiring on December 31, 1987, to the Isles of Capri Fire District Advisory Committee. Page 74 - - - .. .. - December 9, 1986 Item 113A BIDDING PROCESS FOR ACQUISITION OF OFFICE FURNITURE FOR NEW JUDGE _ WAIVED Commissioner Goodnight moved, seconded by Commissioner Pistor and carried unanimously, that the bidding process tor acquisition ot ottice turniture tor the new jUdge be waived and that Mr. Bell be authorized to purchase said turniture in an amount not to exceed $5,000. ... The tollowing items were approved and/or adopted under the Consent Agenda by motion ot Commissioner Goodnight, seconded by Commissioner Glass and carried unanimously. ... Item 114Bl DRAINAGE EASEME~..LOCATED AT CORNER OF AIRPORT ROAD AND IMMOKALEE ROAD FOR WIDENING OF IMMOKALEE ROAD - TO BE RECORDED See Page hof- 0/r:!;!.. Item 114B2 BUDGET AMENDMENT POR FUND 110 TO RECOGNIZE ADDITIONAL REVENUES AND EXPENSES RELATED TO THE AQUATIC PLANT CONTROL PROGRAM Item 114B3 PINAL PLAT OP QUAIL CREE~ BLOC~ Z FOR RECORDING Item 114B4 PINAL PLAT OF RIVERWOOD EAST, UNIT 3 WITH STIPULATIONS Not to be recorded until the required improvements have been constructed and accepted or until approved. security is received. Item 114BS PURCHASB OP REPLACEMBNT AIR CONDITIONER FOR BUILDING "A" PROM GARY'S AIR CONDITIONING POR $3,007. Page 75 BOOK 099 mt 604 i ~ i ,;1. ,¡: J lOOK 09'9 p~r·t 605 December 9, 1986 Item U4Cl CONTRACTUAL AGREEMENT FOR LIBRARY BERVICES ~ND CONSTRUCTION ACT PROGRAM GRANT 'DLS-86-III-I-Q See Pagcs 0/ 3 -~/ç> Item 'UGl CERTIFICATEB FOR CORRECTION TO TAX ROLL 1986 Nos. 75/83 Dated 11-21/11-26-86 1986 TANGIBLE PERSONAL PROPERTY Nos. 1986-ll0/l45 Item 'UG MISCELLANEOUS CORREBPONDENCE FILED AND/OR REFERRED Dated 11-24/12-2-86 There being no objection, the following correspondence was filed and/or referred to the various departments as indicated: l. Letter dated 11/24/86 from Douglas L. Fry, Environmental Supervisor, DER, enclosing short form applica~ion (File No. 111274295) which involves dredge and fill activities. Referred to Neil Dorrill, Dr. Ed Proffitt and filed. 2. Letter dated 11/19/86 from Major Glenn Keefer, Boating Law Administrator, Florida Marine.Patrol, DNR, advising that they have no objection to the County's proposed boating restricted zone for Marco Island. Referred to Neil Dorrill, Geroge Archibald and filed. \ 3. Letter dated 9/24/86 (rec. 11/24/86) from Ron Fahs, Director, Intergovernmental Coordination, Office of the Governor, re Collier County Treatment/Transmission Facilities-Collier County Sewers SAI: FL860604l420C. Referred to Neil Dorrill, Tom Crandall and filed. 4. Minutes: 10/23/86 Citizens Advisory Task Force 11/10/86 Marco Island Beautification Advisory Board 10/28/86 ImmokaJee Lighting & Beautification District Advisory Committee, and 12/02/86 agenda Page 76 - - - .. .. .. December 9, 1986 ll/12/86 EMSAC, and l2/l0/86 agenda 10/23/86 Library Advisory Board *** There being no further business for the Good of the County, the meeting was adjourned at 3:30 P.M. by Order of the Chair. BOARD OF COUNTY COMMISSIONERS/ BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS C2t2~~/ MAX A. HASSE, JR. CHAIRMAN '\ í}OARO ~. h....·· 0,... ,A'J.;'PE¡)T: J' ". "·~SC. <'1;1 , CLERK c-, .' '(" ... . c: : o~ as p<esented ..--- rhe$~'~inutes approved by the Board or as corrected SOaK 099 p~"~ 606 Page 77 ·I·'·~ , .. .'{,t,·:·' i-j't,J-- ''';''. J ...-:;:. )~ ''i';c" ·t' ;~;, 'r~~' ...