Loading...
BCC Minutes 03/04/1986 R I I j .' ".'^ -'''''~'''.' '-'''';'''~'' .~ j j 1 ~ .J , j J '...·N...~'".,·~.o~~,~"·,,·.,,...'., '''._"'<0'' .. - .. March 4, 1986 Commissioner Pistor stated that it has been advertised to be heard and maybe there should be another advertisement put into the paper indi~ating that it is being postponed. Commissioner Goodniqht stated that she has not se-.n ~ny informa- tion on Petition R-QS-20C and she cannot make a decision on this matter until she has seen everyone's recommendation. Planner McKim stated that one solution to these problems is that advertisement will not be done for the Commission meeting until the revised PUD document is in order, which will add at least four to six weeks to the revie~ period for PUD's. Commissioner Fistor stated that it used to be done the way Planner McKim described but due to the cost and various problems, it was changed. Mrs. Charlotte Westman, representing the League of Women Voters, stated that she understands the problems that Staff has with procedures regarding this matter, but en February 18, 1986, Attorney Donald Pickworth. who is representing Cardinal Industries, stated that there would only be one continuance. Commissioner Voss aoved, seconded by eommissioner Hass. that the people be heard this date regarding Petition R-85-20C and a decision could be made later. Commissioner Holland questioned if this petition can legally be heard this date, to which Assistant County Attorney Cuyler stated that the public could be heard this date, but a decision could not be made. He stated that if the Board goes forward with this matter, there may be questions later as the petitioner is not present to give his presenta- tion and the Commissioners do not have any backup matp.rial, but it is the option of the Commission as to what they would like to do. ^ representative of the Homeowners of Palm River stated that if this petition is not going to be heard and decided this date, they do not want to give their arguments this date either. He stated that they want to give their arguments the day the decision is going to be made, Co.missioner Hass. withdrew his second and Commi.sioner Vo.s withdrew his motion. Commissioner Pistor stated that this item will definitely be heard on March 18, 1986. whether the petitione} is present or anyone else. He stated that the document has been received by the Planning Department and will be ready for presentation to the Board on March 18, 1986, at the City Hall in Naples and will be the first item under ,;; 092 pv,.£ 382 Page 3 ""_--,-,.._...,~."".,......,~~~"-~...._-- ,-, """",,"«h"'_._~~_;.""'.. ._......., ._., . allO( 092 p::;r 363 public hearings. Commissioner Voss moved, carried unanimously, that the referenced changes. Assistant County Attorney Cuyler stated that Mr. Dudley Goodlette, who is representing Days Inn, stated that they would like Petition R-85-29C continued to March 25, 1986, instead of March 18, 1986. Commissioner Goodnight moved, seconded by Commissioner Voss and carried unanimously, that Petition R-85-29C, HOle, Montes ~ Associates, re Days Inn be continued to March 25, 1986. Commissioner Pistor stated that he would like to suggest that these items be put in a special ad in the Naples Daily News indicating when they are going to be heard. Commissioner Holland stated that he would like to have a discussion under Item l3E regarding a policy for petitions that are March 4, 1986 seconded by Co.missioner Hasse and agenda be approved with the above- continued. Co..issioner Voss moved, seconded by Com.issioner Goodnight and carried unanimouSly, that the agenda be approved as amended. Item .2 MINUTES OF FEBRUARY 11, 1986 - APPROVED Co.missioner Voss moved, seconded by Commissioner Goodnight and carried unanimously, that the minutes of February 11, 1986, be approved as presented. Tape .2 Item .3 ORDINANCE 86-9 RE PETITION ZO-86-1C, AMENDING ORD. 82-2 BY DELETING ALLOWA..'lCE OF MOBILE HO~E, MOTOR HOME OR TRAVEL TRAILER AS A TEMPORARY RESIDENCE IN THE "E" ESTATES DISTRICT _ ADOPTED Legal notice having been published in the Naples Daily News on January 31. 1986. as evidenced by Affidavit of PUblication filed with the Clerk, public hearing was opened to consider Petition ZO-86-lC, filed by the Community DevelQpment Division, requesting an amendment to Ordinance 82-2 by öeleting section 7.10 "E" Estates District, subsection B.2(F), allowing a mobile home, motor home or travel trailer as a temporary residence in the Estates District. Planner McKim stated that this is basically a housecleaning item, adding that on June 4, 1985, the Roard directed staff to delete this section of the zoning ordinance which provided for the issuance of temporary permits. She stated that the proposed ordinance accomplishes Page 4 .. - .. . . ..,,~_ ""'"0''''' ""... ........."... ~~'~'>;'''''', ,.,. "~·"'''';h_'''''''''''''",,,,,,.~,,,,,,,,,,,,,,,,,,,,,,,,,",_"_,,,,,,,",,,,,,,~,, ., .. - - March 4, 19R6 this. She indicated t~at the Collier COunty Planning Commission held their public hearing on February 20, 1986, and unanimously recommended forwarding this petition to the Board with the recommendation of approval, which is also the recommendation of Staff. I~r. George Keller, representing the Collier County Civic Federation, stated that this is correcting a bad situation and he hopes this is approved. Commissioner Voss moved, seconded by Commissioner Goodnight and carried unanimously, that the public hearing b. closed. Commissioner Voss moved, seconded by Commissioner Hasse and carried unanimously, that the Ordinance as numbered and entitled below be adopted and entered into Ordinance Book No. 231 ORDINANCE 86-9 AN ORDINANCE AMENDING ORDINANCE 82-2, THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA O~ COLLIER COUNTY, FLORIDA, BY DELETING SECTION 7.10, E _ ESTATES DISTRIC~, SUBSECTION b.2 (f) ALLOWING A MOBILE HOME, MOTOR HOME OR TRAVEL TPAILER AS A TEMPORARY RESIDENCE IN THE ESTATE DISTRICT: AND PROVIDING AN EFFECTIVE DATE. Item .4 ORDINANCE 86-10 RE PETITION ZO-86-2C, AMENDING ORD. 82-2 B~DELETING LANGUAGE REFERRING TO THE MORATORIUM WHICH EXPIRED 1/17/85 ON PROVISIONAL USES IN THE ESTATES DISTRICT _ ADOPTED Legal notice having been published in the Naples Daily News on January 31, 1986, as evidenced by Affidavit of PUblication filed with the Clerk, public hearing was opened to consider Petition ZO-86-2C, amending Ordinance 82-2, the Comprehensive Zoning Regulations for the Unincorporated area of Collier County, by amending Section 7.10, "E" Estates District, Subsection b.3 permitted provisional uses and structures, to delete the language referring to the moratorium which expired January 17, 1985, on provisional uses in the Estates District. Planner McKim stated that this is also a housecleaing item and the language to be deleted is language which prohibited provisional uses in the Estates District. She stated that th~ Board adopted this language on January 17, 1984, because the appropriate location for provisio~a1 uses in the Estates was questioned by the Board and at that time, Staff was beginning preparation of the Golden Gate Estates Master Plan. She noted that the amendment expired on January 17, 1985, and a draft of the Golden Gate rlaster Plan is complete and it will now specifically address the location of provisional uses and therefore, there seems to lOot 0921'1';t 31>! Page 5 '·~"""'"~'_"_'''··_··'~H.'~'.~,",,_'_''' ~... _.,,";-;_.~--" ·..""_·_-......__"'("'".._"",..,',"~,.·,.,~'W,,".,"~.,"_,;.,'~"..".......".~ ~~..,,,~~,,,,,,,,,..".,.,,,~,, .,....,.", -;_....""',,."'>.,~"-.. .. .. .. March 4, 1986 Ite. t6 STAFF TO ISSUE BUILDING PERMITS Bt1l' '1'0 RETURN WITH A PUD AMENIJoIEN'l' THAT INCO~PORATES THE 50' SETBACK FOR THE ERODED SHORELINE OF HIDEAWAY BEACH Planning/Zoning Director Pettrow stated that several we~ks ago, Staff asked for a moratorium to be placed on Hideaway Beach, which was done because of sianificant erosion landward on the lots that face Big Marco Pass. He referred to a plat map of 1979 which shows single family lots facing Big Marco Pass in the northwest section of the Hideaway Beach PUD, noting that there are a total of 29 lots that Staff had concern with, adding that between 197B and 1986, there has been significant be~ch erosion landward. He noted that in Block 1 at the northern end there are a total of 17 lots and 6 of these lots are affected by significant erosion. He stated that in Block 2. there are 9 lots that are affected. He stated that Staff is recommending that building permits for this situation be handled on a case-by-case basis. He stated that it is his recommendation that building permits be issued for lots that currently have a depth of fifty feet from the original setback line to mean highwater as determined by the survey done in February. 1986. which will mean a total of 14 lots. He stated that in the area to the north and to the south where there has been significant erosion, he would like to re-establish the building construction setback line the amount of distance equal to the original one which was 50 feet. He stated that on some of the lots there is over 100 feet between the original construction setback line and the shoreline which were much deeper lots. He stated that the 50 feet would be an adequate distance to set back in this location. He stated that in Block 1, he is talking about Lots 12-17 and in Block 2, Lots 4-12, adding that the balance of the lots would meet at least 50 feet or more. Commissioner Voss questioned if some of these lots would become unbuildable, to which Mr. Pet trow replied that some of them are only 35 feet, adding that variances could be given to move five or ten feet as this could be considered a hardship. Mr. pettrow noted that the ultimate solution to this whole matter is a beach renourishment program which could add 200 to 300 feet along the shoreline. Mr. Pettrow stated that if his recommendation is approved. once the beach renourishment occurs, the building construc- tion setback line could be moved back to its original position. Assistant County Attorney Cuyler questioned if this can be done under the current regulations or would the current regulations have to aoo( 092 PA~£ 370 page 8 ",' <'_"_m___.~_·,_~~.,.~..~,,".~........,,_,.,.,"_.,. .._._.____"J...'"""",..,'_.....,,~._..."",.,_........_"..__>,.. ._....______ "'--"-~"""<---"'~'~,,".~,~~-_. &OOK 092w-t371 Harch 4, 1986 be amendeñ with regard to the 50 foot 8etback? Mr. Pettrow stated that his understanding is that the PUD would have to be amended. Commissioner Pistor stated that if this going to take an amendment to the PUD document, it will have to come back to the Board. He stated that Staff was authorized to take each application and use their discretion with reference to issuing a building permit. Mr. Pettrow stated that there is one building permit that is on Lot 13 which is a very deep lot, but the shoreline has eroded to a point that it is at the building construction setback line, so he would want to re-establish .that setback line 50 feet landward. He stated that if the applicant agrees to that, there would be no problem, otherwise, a PUD amendment would have to be done. He stated that he has no problem where there is SO feet between the original setback line and the shoreline. Commissioner Holland stated that he was under the impression that the Board's direction was that these building applications were to be handled on an individual basis and brought back to the Board if there was any problem. Assistant County Attorney Cuyler stated that the Board has to be careful about telling individuals that they have to co~ply with regulations that are not in effect, but in this case, if the Board gives an indication that they would like Staff to return with a PUD amendment that incorporatp.s the 50 foot setback from the shoreline, Staff would have the authority to issue building permits with that as a condition if the applicant indicated that he is willing to comply with the regulation that the Board intends to adopt. He stated that if the applicant does not wish to comply with this amendment, then Staff could bring the applicant to the Board as a specific situation until such time as the PUD amendment is approved. Commissioner Goodnight moved. seconded by Commissioner Voss and carried unanimously, that Staff be authorized to issue building permits but to return with a PUD amendment that incorporates the 50 foot setback for the eroded shoreline of Hideaway Beach. Mrs. Charlotte Westman stated that what has been done is satisfactory to her, adding that she has concern about the area of Clam Pass on Marco Island as there was a tidal pass in that area, which is now closed. Commissioner Pis tor requested that Dr. Proffitt take a look into the matter. Mr. John passidomo, representing the Developer of Hideaway Beach, Page 9 .. .. - - ". ....."'...."''''..__.",..,_..~~'"~~-_._---..-. .. - .. March 4, 1986 statad that he is asking that the amendment to the PUD be done with the participation of the developer and the property owners. ..... Recessl 10100 A.M. - Reconvened I 10110 A.M. ..*** Tape .3 Item t7 PRESENTATION BY SHARON TROST, DIRECTOR, HYDROGEOLOGY DIVISION OF THE SFWMD ON THE PRELIMINARY ASSESSMENT OF THE GROUNDWATER RESOURCES OF WESTERN COLLIER COlrnTY - NO ACTION Sharon Trost, Director of Hydrogeology Division of the SFWMD, stated that she will give the presentation on the results of their study regarding the preliminary assessment of the groundwater resources of Western Collier County. She noted that over the past five years, a great deal of studies have been produced dealing with Collier County and her division has spent over $1 million in aChieving this. She stated that these studies include technical publications about the watertable aquifer south of Naples and an evaluation of existing monitor network for water levels and water quality. She stated that this study took ncarly 3 years to complete. She indicated that the study area extends a little into Lee County and Hendry County, noting ·that the purpose of this was to see trends in these water barren units or changes in water quality. She referred to a map that indicated the generalized hydrogeologic units. the water barren units that are encountered in Western Collier County, noting that there are three major water barren units that supply fresh water to the residences of Collier County. She noted one is the watertable aquifer which is encountered from land surface to depths of 75 feet made up from sand, shell, and clay. She stated that the next unit down is the lower Tamiami Aquifer which is a limestone aquifer and underneath that is the sandstone aquifer which also produces fresh water. She reported that the sandstone aquifer does not occur throughout the whole county, adding that it is not found in the southern portion of the county. She reported that the watertable aquifer and the lower Tamiami Aquifer are connected, that is, rainfall falls into the ground and recharges the watertable aquifer and eventually percolates down to recharge the lower Tamiami Aquifer. She reported that there is another water barren unit in the County which is the Mid-Hawthorne Aquifer but the water from this source needs to be desalinated to make it pota~le. She referred to a map indicating that the active wellfields shown in blue within the study area obtain water from the watertable aquifer, the wellfields shown in red obtain the water· supply from the lower Tamiami Aquifer, II() ( 092 PJr.t 372 Page 10 -_.....""~-,~._",."""--,~."~""'"'._->-,~-~--~- am 092f1~373 March 4, 19A6 and the wellfields in orange obtain the water from the sandstone or Mid-Hawthorne Aquifers. She stated that there are 3 ~ajor well fields in Collier County that supply over 70\ of the residents in the County with potable water, which tap the lower Tamiami Aauifer. She stated thðt the first one is the City of Naples Coastal Ridge wellfield which is located on the coast, the second is the City of Naples East Golden Gate wellfield and the Collier County Golden Gate wellfield. She reported that through a series of hydrogeologic assessments, examina- tion of water levels, water quality, performing tests on the various water barren units and also computer modeling, ~aps were ~ade that delineated the water supply development potential'of the different aquifers in Collier County. She referred to the first map which showed the water supply development potential of the watertable aquifer, which is the one that everyone is walking on, adding that there are two areas with very high development potential shown in light blue and green. She noted that the area in the light blue, east of the Bonita Springs area, is very high in productivity, water quality is good, water levels are high, which is an excellent area for development. She noted that the green area is in the eastern portion of the study area and has a high productivity zone that is being tapped and good water quality, adding that occasionally there is localized high color in the water in this area due to tanic acid, the presence of organic materials, but for the most part the water is potable in this area. She stated that the area in yellow is moderate development potential from the watertable aquifer, adding that the reason for this is that even though producti- vity of the aquifer may be good, there are a lot of competing users in the area ðnd there are localized changes in the water quality. She noted that the final area which is in red represents poor development potential from the watertable aquifer, adding that the rea30n for this is the presence of the migration of saltwater in from the coast. She reported that the same study was made with the lower Tamiami Aquifer, noting that the area of highest development potential is in Region 1 which is in light blue, n~ting the rock unit is most permeable and most productive, and the water quality is the best throughout the study areas and the water levels are the highest. She stated that this area is the prime area for developing the lower Tamiami Aquifer, adding that there are already two existing wellfields ln the area. She noted that Region 2 in the yellow represents moderate development potential from this aquifer, adding that the final area shown in red along the coast Page 11 - - - ......,.,._~-"-'".._".~,..._..,,..- - - - March 4, 1986 reprr3ents poor development potential from the lower Tamiami Aquifer. She stated that in thf.! coast...l regions of the Naplee area, a special study was perfor~ed to determine the safe yield or supply capacity of the aquifer in the area ~nd it was determined that this number is approximately 65 million gallons per day, adding that at this point in time, the capacity is very ';lose. She stated that there are many competing users in this area, not just the City of Naples, adding that there arf.! private wells that are being used for irrigation and tapping the aquifer and permitted amounts are close to the 65 mgd figure. She stated that during times of extended drought, there has been an increase in chlorides i~ sever~l key monitor wells that have been looked at. She stated that during times of drought, pumpage could be shifted eastward to other wellfields and these areas should not be developed any further. She stated that there are also areas called reduced threshold areas which are usually delineated when there is a lot of competition for a resource or when the availability of the water or the resource is low or often to protect areas of future high wellfield development potential. She stated that the existing reduced threshold area or RTA is shown on the map in the light yellow, adding that in order to protect the areas, it is recommended that the RTA boundary be expanded. She stated there are recommendations that have been formed from the report, adding that the first one is to limit future stress on the lower Tamiami Aquifer in the coastal areas, by shifting pumpage eastward to the Golden Gate area, by enacting conservation measures in the coastal areas, and by the District enacting various regulatcry options. She reported that long-term strategies include developing water supplies further to the east, long-term conservation or water reuse options, and by adjusting for the demand to protect future water supply within the comprehensive planning process. She stated that other recommendations that came out of the study were the development of a cumulative impact management model, which is currently being worked on at the District, which will show the interaction of all the water barren units as they are stressed at differcnt levels, adding that another recommendation is continuation of existing groundwater quality monitoring from the monitoring network. She stated that it is felt that Marco Island should develop inland groundwater sources to the problems that they experienced in the last drought. She reported that the final recommendation is that the County take steps through the comprehensive planning process to protect the aODi( 092 f~';{ 374 Page 12 ~, ..-~"-.--*,."-"...,,,--.,,,._, ... '" ''"''''''''''-_.'-'''~"'''''~'~'-"''~'"'' aOOK 092 w.:. 375 1·larch 4, 1986 primary recharge areas by maintaining high groundwater levels and land use should be integrated into the comprehensive planning process in the areas that need to be protected for future development. In answer to Commissioner Voss, rlr. Scott Burns, Senior Author of the Sf10lMD publication, stated that individuals are required to submit monthly pumpage information with regard to agricultural areas, which has a large spread. He stated that the Water Use Planning Division i. in charge of maintaining estimates and monitoring agricultural use and plans on reviewing a new program to help improve the monitoring of agricultural property water use within the area. He stated that the agriculture figure is not a constant figure, adding that it is a complex issue as to how it breaks down. Commissioner Voss questioned how much water this County has that can be withdrawn without mining, to which Mr. Burns stated that is a complex question and one that has to be answered and also one that requires a large volume of information to answer and at this phase of the study, the complete answer is not known. ~~s. Trost stated that Collier County is in excellent shape for the future with its water resources, adding that the main point that came out of the study is to protect the areas in the comprehensive planning process that are pointed out in the report that have the best supply development potential, adding that Collier County is in much better shape than Many counties in this district as far as the water supply goes. Item f8 GULF SHORE BLVD. NORTH ~D SEAGATE DRIVE - NOT TO BE CONSTRUCTED. CONNECTION BETWEEN SEAGATE DRIVE AND CRAYTON ROAD _ DELAYED Public Works Administrator Kuck stated that this item is with reference to the proposed road connections from Seagate Drive to Gulf Shore Blvd. North and Seagate Drive to Crayton Road. He noted that this connection would open up the flow of traffic and improve circulation in the North Naples area. He noted that this proposal has been supported by E.H.S. and the North Naples Fire District since the two connections would allow for quicker response times to the Gulf Shore Blvd. North residences, and would ajso allow for a more efficient evacuation route in the case of a hurricane. He noted that the proposal has received full support from the residents of Seagate Subdivision, but has been stronqly opposed by the representatives of the other homeowner and condominium associations in the area and by the Page 13 - - - .. - - March 4, 1986 City of Naples. He stated that because of the general opposition to the ~p~ning up of Gulf Shore ßlvd. North and Crayton Road, Staff is recommending that the connection between Gulf Shore Blvd. North and Seagate Drive not be constructed and that the connection between Seagate Drive and C~ayton Road be deldyed until such time as traffic counts and/o~ accident reports on Seagate nrive indicate a need for the connection onto Crayton Road or until Collier County is petitioned to reconsider this decision. COI'1Missioner VOBS stated that thl1re has been a lot of opposition to this from residents in the area and he recommends nothing be done on this iuue. Mr. Mike Zewalk, representing the North Naples Civic Association, stated that he feels that the connections should be made as they are needed and would p~ovide better accesß to the area. Commissioner Voss moved, seconded by Commissioner Hasse and carried unanimously, that Gulf Shore Blvd. North and Seagate Drive not be constructed and that the connection between Seagate Drive and Crayton Road be delayed. Item .9 PAYMENT OF $37,500 TO UTS AS TERMINATION CHARGES FOR TWO TELE- COMMUNICATION PBX'S - AUTHORIZED Purchasing nirector Thiele stated that this item regards the settlement with u~s over the termination of the UTS contracts, adding that at the time UTS could not expand its system at the Courthouse and the expansion of county government required such. He stated that the termination charge at that time was estimated by UTS to be $93,698. He stated that later the State Attorney was added to the new telecommuni- cations system and that termination charge was $14,000, and that after negotiating with UTS, it was determined that the final charge would be $37,500. Commissioner Goodnight moved, seconded by Commissioner Voss and carried unanimouSly, that the payment of $37,500 to UTS as termination charges for two teleco.munication PBX's be authorized. Ite. no RESOLUTION 86-36 AUTHORIZING WAIVER OF BUILDING INSPECTION FEES FOR COUNTY BUILDINGS - APPROVED County Manager Lusk stated that he is requesting authorization for waiver of building inspection fees for County Buildings, adding that there will still be the necessary inspections, adding that it is all aOOK 092 P~';t 376 Page 14 ~-_""'·_;~"_·;·""'~_'~"__"~'_~'_"_·"O'~_ "."""---,_._.--~ &OO( æ2!'¡~t377 March 4, 1986 being transferred from one fund to tne ~ame money and it is simply another. Co~missioner Hollanñ stated that he agrees with the request and would also like to take it one step further, as he does not see any sense in the County charging themselves for impact fees. Tape '5 Fiscal Officer Giles stated that the Community Development Oepartment's work is subsidized by permit fees, adding that County government is a concern as well as School Board fees, adding that these fees are collected to cover certain cost. County Manager Lusk stated that the School Board is exempt from these fees. Fiscal Officer Giles stated that if the County is exempted on parks, it means that the Durden shifts on building roads to the remaining parks. County Manager Lusk stated that the only problem comes about when fees are waived is the Utility Fund because it stands on its own, but when roads are being built, the General Fund is already putting money into roads. He stated that a silly game is being played with the impact fees. He stated that there could also be rent charged for each department, adding that wnen construction is being done for County government, the building fees should be waived because the money all ends up in the same pot and therefore, that money could be used for construction. Mr. John Cashell stated that he agrees with Commissioner Holland as tne County should not be taxing themselves. Mr. Keller stated that the Building Department has not done a good job of inspecting the Justice Center, adding that something should be done with regards to this. Mr. Richard Araun stated that the Building Department has a problem and it should be corrected as they have not done their job correctly. Commissioner Holland moved, aeconded by Commissioner Haase and carried unanimously, that Resolution 86-36 authori~in9 the waiver of building inspection fees for County buildings be adopted. ~: Resolution not reccived in office of Clerk of the IJoard as of 3/17/86. Page 15 - .. - he ...". ..,.,--,.,-~.,--,.~--,_.,..._._-,~...._,...,_'- _','''JJIir~ .. - .. Harch 4, 1986 Ite. 112 APPOINTMENT OF OFFICERS AND DIRECTORS FOR THE 1986-87 COLLIER COUNTY FAIR - APPROVED Commission~r Holland DOved, seconded by eo..issioner Goodnight and carried unani~ously, that the appointment of officers and directors for the 1986-87 Collier County Fair be approved as followsf President James O'Connell vice President Robert Smith Treasurer Donald Lusk Secretary Jo Silva Past President Bill Hill Director Nina Ribinski - School System Director John Gargiulo - Civic Organization Director James Siesky - Bar Association Director Reg9ie Brown - Agriculture Itelll tl3 $25,000 PAYMENT TO NABORS, GIBLIN, STEFFANS , NICKERSON, P.A., FOR SERVICES RENDERED FOR WATER AND SEWER REVENUE BOND VALIDATION APPEAL - AUTHORIZED Assistant County Attorney Cuyler referred to an invoice for attorney's fees and said it will be paid from the proceeds of the water and sewer revenue bond issue, adding that it has been looked at for reasonableness and County Attorney Saunders ñas approved it. Commissioner Voss .oved, seconded by Commissioner Goodnight and carried unanimously, that the $25,000 payment to Nabors, Giblin, Steffans & Nickerson, P.A., for services rendered for water and sewer revenue bond validation appeal be authorized. Itelll tl4 STAFF DISCRETION REGARDING ISSUANCE OF BUILDING PERMITS WITHIN COASTAL BUILDING ZONE AND WITHIN APPLICABLE AREAS ON COASTAL BARRIER ISLANDS AS DEFINED IN SECTIONS 161.52 THROUGH 161.58, FLORIDA STATUTES - APPROVED Assistant County Attorney Cuyler stated that the Executive Summary indicates a six week moratorium on tho issuance of building permits, adding that the word moratorium is an inappropriate word with regards to what Staff is recommending. He stated that moratorium raises the spector of no developer or permit applicant under any circumstances being able to get a permit and this is not what Staff is recommending. He stated that he would like the SOard to look at this more in terms of restrictions that are being recommended to be placed on the issuance of building permits, adding that the growth ~anagement legislation now mandates that counties and cities are to enact nn ordinance which ;; 092t' ~{380 Page 17 '....."."....,__..__.,._~""_<''''...,._. ,...".__.h'.."'....,_.......,"""'__~....""...,"'".~.,""'"._""__.......w¡~'.....""_,_"."_,.,.."'.u. ..,-....-.--"..----- 'OM 092 pm 381 March 4, 1986 incorporates certain building restrictions that are set forth in Florida Statutes, Section 161.52 through 161,58. He stated that he has been sent a model code from the Department of Community Affairs and an ordinance has been prepared that will be presented to the Board for consideration in about five weeks. He stated that Staff is recommend- ing that because there is a date of Mar~h 1, 1986, in the Statute which is the appropriate date by which the ordinance should be adopted, Staff would like the Board to place restrictions on the issuance of building permits in that if a permit applicant comes to the Building Department and their plans conform to what the statutory requirements are even though the ordinance is not in place, the Building Department can issue a building permit under those circumstances. He stated that if someone does not want to comply with the requirements, then the building permit not be issued and they would then have the alternative of approaching the Board or waiting until the ordinance is in effect. Mr. Don Barber stated that he has no objections to the proposed restrictions, adding that his firm is prepared to submit several applications for building permits within the new 1500 foot zone and he is prepared to meet the new requirements and would like the opportunity to do so. Commissioner Goodnight stated that at the SACC conference in Pensacola, it was noted that if a county did not get their plan in order by the deadline, they should at least address their coastal areas and the State would probably give an extension. Commissioner Holland moved, seconded by Commissioner Voss and carried unanimously, that Staff be authorized to establish restrictions on the issuance of building permits within the Coastal Building Zone and within applicable areas on Coastal Barrier Islands as defined in Sections 161.52 through 161.58, Florida Statutes. Item tIS ROUTINE BILLS - APPROVED FOR PAYMENT Pursuant to Resolution 81-150, the following checks were issued through Friday, February 28, 1986, in payment of routine bills: CHECK DESCRIPTION CHECK NOS. AMOUNT Vendors 139853 - 140228 $1,220,443.06 Page 18 - - - ~rß OIJllfI . . . .~ "_""4"'~,,"~'___""""_'~""-"_"· , "..._'...........-._-~----...~-----_.- .. .. .. March 4, 1986 Item tl B JOSEPH CHRISTY APPOINTED TO THE COLLIER COUNTY PLANNING COMMISSION Commissioner Holland moved, seconded by Commissioner Goodnight and carriœd unanilllously, that Joseph Christy be appointed to the Collier County Planning Commission. Itea tl9 CONSIDERATION OF REFERENDUM FOR MARCO ISLAND RE 1/2 MILL FOR BEACH RENOURISHMENT FOR NOVEMBER BALLOT - APPROVED commissioner Pistcr stated that he has had a reauest from the Marco Island Condominiu~ Association for a referendum on the ballot in Septcmber that has to do with beach renourishment to see if the people of Marco Island ~re willing to fund a taxing district up to 1/2 mill for beach renourishmcnt in the Marco Island area. He stated that Supervisor of Elections Morgan requires that all information be presentcd to her by April 1, 1986, therefore, he is requesting that the necessary stcps be tar-en to prepare the referen~um and information to meet the deadline. Commissioner Holland stated that this should be for more than just Marco Island and there has not been enough discussion on the matter. Commissioner pistor stated that the condo association has done a lot of work that could be used in the initial phase of. the beach renourishment. He stated that Staff has been authorized to ~repare a request for proposals fro~ engineering firms that could maKe a study of the whole County, but it will not be in time to rut a referendum for the whole County on the ballot. Commissioner Hasse stated that he would prefer to see this referendum on the November ballot when more people would vote. Mrs. Charlotte \o(cst:nan stated th<lt as a resident of Marco Island, she would like to Know if there are going to be hearings on this item before it becomes a valid issue? Commissioner Pistor stated that there would be a hearing on Marco Island with referer.ce to this matter and hopefully, by the end of the summer, they would Know what it is going to cost the taxpayers. Mrs. Westman stated that Tiger Tail neach is part of Marco Island, but is also a County parK and questioned if this referendum w~uld include Tiger Tail Park and if the residents would be assessed for the renourishmcnt of that beach? Commissioner pis tor stated that this could not be done, because it ,-;; 092 PAr·t 384: Page 20 ' IV" -.... ........ """"....,----_."""",.,-~~.....,...,'-...^"'-_.,,_._-~_......- ~OO( 092 p¡r.t 385 would be double taxation. Mrs. Westman stated that there are a lot of people on Marco Island that have not been approached and thp.re should be hearings on this March 4, 1986 matter. Commissioner Pistor stated that the purpose of this referendum is to a3K the people of Marco Island if they are willing to pay up to 1/2 mill to renourish the beaches. Mrs. Westman stated that beach access problems will be brought up if people are going to be asked to support such a referendum. Commissioner Pistor stated that if this is held off until the November ballot, there would be a couple more months available to hold hearings on this matter. Mr. Frank Blanchard, Chairman of the Beach Erosion Committee of the Marco Association of Condominiumt, stated that he has been working with geologists to consider the beach needs of Marco Island, adding that a study was privately financed by them to prepare a preliminary engineering study of what needs to be done or what might be done and the process. He stated that a worKshop should be held on this matter before anything is done to present the specifics of this proposal. Commissioner Pistor stated that the apparent feeling is that this should not be on the September ballot, but should be on the November ba llot ins tead . Commissioner Goodnight moved, seconded by Commissioner Voss and carried unani.ously, that the referendum be put on the November ballot so that public hearings could be held prior to June 1, 1986, in order to make a final decision. Item 120 DISCUSSION REGARDING WASHINGTON TRIP - CONTINUED POR ONE WEEK Commissioner Goodnight stated that she would postpone her discussion on this item until next weck when there is more time available. Item 121 STAFF TO RETURN WITH REPORT ON 3/11/86 RE POLICY POR CONTINUING ITEMS Commissioner Pistor stated that he would like a report prepared by Staff for the March 11, 1986, meeting regarding continuing items or public hearings. rage 21 .. - .. - .. - March 4, 1986 ***** Commissioner Voss moved, seconded by Commissioner Hasse and carried unanimously, that the following items be approved and/or adopted under the consent agenda, ***** Item '22 RESOLUTION 86-39 APPROVING AMENDMENTS TO 1983 COMMUNITY DEVELOPMENT BLOCK GRANT See Pages ....19¡j~39/ Itelll . 23 LAKE TRAFFORD MEMORIAL GARDENS CEMETERY DEEDS NOS, 441 THROUGH 446 See Pages 39.:z. -397 Item .24 RESOLUTION 86-40 REQUESTING FLORIDA DOT TO PROCEED WITH A JUSTIFICATION REPORT FOR THE I-7S/STATE ROAD 29 INTERCHANGE See Page -.. ? 'Yr IteJII '25 FABRICATION/INSTALLATION OF FLASHBOARD RISER ATTACHMENTS TO BOX CULVERTS BEING CONSTRUCTED UNDER THE GOLDEN GATE BOULEVARD PROJECT Itelll '26 ACCEPTANCE OF COMPLETED CONSTRUCTION OF PINE RIDGE ROAD IMPROVEMENTS (U.S. 41 TO AIRPORT-PULLING RD.) IN ACCORDANCE WITH BID '688 Itu .27 PRELIMINARY J\.CCEPTANCE OF VICTORIA PJ\.R1t WEST, PHASE II J\.ND ONE YEAR MAINTENANCE SECURITY See Page _,99 Ite. '28 CONCEALED WEAPON PERMIT 86-6 TO JOEL SAEZ Itea .29 $5,100 CHANGE ORDER TO HARPER BROTHERS FOR NORTH NAPLES COMMUNITY PJ\.RK See Page J.,t{)~ .-tjðð- Itea .30 CONTRACT WITH GERALD ANDERSON TO PROVIDE TENNIS INSTRUCTIONS AND CONTRACT WITH PAM WATSOU FOR GYMNASTIC INSTRUCTIONS See Pages 1,{ð..3 - L,h f &OO~ 092 PAG( 386 Page 22 ,--",-"","<."..,-»,".~,..",-",.,,,,,"-,."<..,............,,,,...--.,,,,,-------- --,-~-''''-",...,..,...'''''-,-''"'-_..,'--------~-- ~;---,;""-,~,,,,",,,,,,,,, _.......~.....,~""._..._--_._.--,_.~.. ""-",,---,,_.,,",,,""--"'''~----.''--