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BCC Minutes 12/11/1984 R c. .J c::l .t"",.~ Nlapllllll, ¡¡locia<l, )ocdmbllC 11, 1984 LET IT BE R~MEMdERED, that the ~o.rd of County Commllsion.rs in and for th" County of Colli"r, 4nd allo actlng ~I thw BODrd of ~oning App.all ~nd al the governlng bO<lrd(l) of luch speciül diltricts dS have b..n ~r..tld according to law and h~ving conductød business horein, met on this date <It 9:00 A.M. in R.gular s.sslon 1n Building "F" of the Courthouse Complux, E.st Nðpl~s, Floria~, wlth the fOllowLng mumbers present: ChAIRMAN: rr~a.rlck J. Voss VICE CHAIRMAN: John A. Piøtor ~ ax tI~ss", C. C. "Rod" Ho11ond Ann.} Coodnight ALSO PR£~£NTI ~lll1~m J. Rlagðn, Clerk/ James C. Cll.., fiscal Officdr¡ ~llnor M. ~klnner, COputy Clurk¡ burt L. ~Øunaers, County AttOrn~y¡ Donald Ð. LusK, County MðnD9~r/ Nell Dorrll1, As.lstant County Mðnlq8r¡ Konnllth Cuyler, As.lstont County AttornllY¡ Turry Virtð, Communlty D.v~lopment Adminlstr<ltor/ Lue Layne, Zoning Dlrector, Tom KUCk, ~ublic ~orK. AdmlnLstrator¡ Ann McKim, Planner¡ Thoma. Crondoll, Utilitiel Admini.trotor/ Don41d Norton, Publlc ~ervice. AdminlStrator, Nancy Israelson, AdmlnLlltr¡¡tivu Sacrutc)ry to thl: bOdrd/ .lnd IJCPUtY Chidf Raymond Barnutt, ~hllriff's Departmunt. IOO~ ()84.w/727 ~"'.Ie 1 I-I: -.- ....--,-_........._,,,...""""_.~,,.,,-""~_.'"".,...,.." --....,.,. ----. D.c.mb.r 11, 1984 Tape 11 ~f!~( OR4 '1'.1732 1 te. 11 AGENDA - APPROVED AS AMENDED Co..l..lon.r pl.tor aov.d, ..cond.d by Co..ls.lon.r Coodnight and carrl.d unanl.oully, that the ag.nda b. approv.d with the following ._nd..nts. ^. 9El - R.quest to establilh n.w position of Budg.t Director - Add.d by County Mðnag.r. B. lOA - Disculslon re gun ordinanc. - Added by County Attornéy. C. JOB - Dilcu~~lc~ rM DRI for Marco Shor.1 - Added by County Attorn.y. D. 12C - Discusslon re Stat. Falr -' Added by Commillioner Holland. E. 12D - Dilcussion re refinancin9 JUltic. C.nt.r Bond. - Added by Comml..lon.r VOl.. EMPLOYEE SERVICE AWARDS (PERSONNEL) - PRESENTED Chairman VOSI pre..nted Employee Service AWArds to the following p.rlonl: Elmer Schreiber Buildlng lnspectlon 10 years ¡arl Chapman Englneeclng 5 y.arl. ORDIMAMC& 14-1' R& PETITION R-84-33C, CHARLES' FREDA STEVENS, RE RE%OMIMC fROM A-2 TO RSF-l FOR PROPERTY ON BYRANT ROAD NORTH OF fOUR SEASONS AMD lAST or AIRPORT/PULLING ROAD - ADOPTED SUBJECT TO STIPULATIONS _____I Legal notice having been published in the Naples Daily News on November 9, 1984, aa evidenc.d by Affidavit of PublicAtion filed with the Clerk, public h.aring was opened to consider petitlon R-84-33C, filed by Charlel and Fr.da Steven., requesting a rezonin9 from A-2 to RSF-l for property on ~yrant Hoad north of Four Seasons and east of Airport/Pulling Road. Planner Ann McKim explained the objectlve of thls potition il to b. able to build three single family homel and that Staff and all County agenciwI have reviewed the petition and recommend approval subject to the stipulations lilted on the Executive Summary dated 11/20/84. ~he stated th<lt the CAPC held their public hearing on 11/15/84 and recomm.nd.d approval lubject to Staff stipulations. Page 2 ::::J " ,oJ -~ ----.J :~C' ~,.<~~,,"~,,,,_;,,,,,,,",;~,__,,....,,,q.........>_<",,,,, . ."' ....___. If ---""'--~.~,....,....... -~.¢-~~",~_.. r=1 í *,-.} ¡::,....."1 December 11, 1984 R.lpondlng to Commillioner VO.I, Mr. tric Dani.lson, repres.nting the petition.r, explain.d that the property is 210 fe.t wld. and the three loti would be divided ealt and welt into ono acre tractl and the front acre will have the houle built on it now, howev.r, th.re are no immediate plans to build anything on the r.maining two back acrel. R.lponding to Commissioner Pistor, Mr. Danlulson stated that the petitioner is prepared to install the n.cessary septic tank and water facilitiu. Co..issioner Holl.nd .oved, second.d by Comalslion.r plltor and carrl.d unanl.ou.ly, that the public h.aring b. clol.d. Co..lssion.r Holl.nd aoved, s.conded by Comalssion.r Piltor and carrl.d un.nl.oully, that the ordin.nce al nu.b.r.d and .ntltled below be adopt.d, lubject to St.ff stipulatlonl, and .ntered into Ordln.nc. Book No. 19. ORDIt/MICI 84-86 AM ORDINANCE ~ENDING ORDINANCE 82-2 THE COMPREHENSIVE ZONING RICULATIONS FOR THK UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY ~ENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 48-25-7 BY CBA»CING THI ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED ON BRYANT ROAD FROM A-2 TO RSF-l, AND BY PROVIDING FOR AM EFFECTIVE DATE. PETITION R-84-34C, JAKES B. HAYNES - WITHDRAWN AT PETITIONER'S REQUEST Co..1Sliot"f Holland .oved, leconded by Co..lsllon.r Hasl. and carri.d unanil1ously, that Petition R-84-34C, J...I 8. Baynel, be withdrawn at the p.tltlon.r'l requ.st. It.. 15 RESOLUTION 84-233 ESTABLISHING THE GOLDEN GATE UNIT 2, BLOCK 74, ALLEY PAVING ASESSKENT DISTRICT - ADOPTED L.gal notic. having been published in the Naples Daily News on Nov.l1b.r 20, 1984, as evidenced by Affidavit of publication filed with the Cl.rk, public hearing was open.d to consider a recommendation '0 eltablish the Colden Cate Unit 2, Block 74, Alley PAving Assessment Cistrict. Public Works Adminlstrator Kuck .xplaln.d th<lt thls is a request for approval of the preliminary assessment roll and feasibility study to cr.<lte the Colden CAt. Unlt 2, Block 74 Alley Paving DIstrict. He laid on 12/13/83, the ecc accepted a petition from 6l.1\ of the abut- ting property owners roquesting e.tablishment of the above-d.scribed ~~~~ 084 ~~-,' 733 page 3 L - ,_._-,-,_.~~-",,-_._-_.--,-- -----_....._~-,..,,,.,.,~."..,"".,,..,~'-"" ....---.------- QQA 1"4. Dec.mber 11, 1984 ....~~n ~1~~~i~{ and the Engine.ring Department wa. authorized to prepare a f.a.ibility r.port, prelimin.ry .....am.nt roll, cost .Iti..te and .ch.dul. a public hearing r.gardin9 thil lubj.ct. H. .aid the estl~at.d co.t of the paving improv.m.nt. la $49,004.71 with loti havin9 an ..timat.d front footage ......m.nt of $15.48. H. r.comm.nded that the improvem.nt di.trict b. cr.ated a. .tipulat.d und.r Ordinance No. 75-14. Co..l..lon.r Holl.nd 8Oved, ..conded by Co..i..ion.r H.I.., th.t the public h..rln~ b. clo..d. R..ponding to Comml.sion.r pi.tor, Mr. Kuck explaln.d that the nor..l time p.rlod for compl.tion of .uch proj.ct. ia from five to ..v.n yoar., and at the final a.....m.nt h.aring the pro~.rty own.r. ar. notlfi.d what the l.ngth of time for payment and the int.r..t will b.. Upon call for the queltion, thl aotion carrl.d unaniaoully. Co..i..lon.r H..I. 8Oved, I.conded by Co..l..lon.r Holland .nd c.rrl.d unanlaou.ly, th.t R..olution 84-233 .It.bll.hlng the .bov. d..crlbed p.vin9 As......nt Dl.trlct b. .dopt.d. Page 4 ;-) :=::J .... --, ----' ~ ~.rItL '~'L "',.,,,.,.,,,..,,"'_>'....,_..__.,,'Ø;_.H..'...",^'..,.·,,',,.·C..""",,..,,-, >._.~~_.";"""'"""'''''"'__..,''''_...... f ~--] =_..J ~ Decemb.r 11, 1984 RISOLUTIOM '4-234 RI PETITIO. V-84-25C, DAVID A. NOVICK, REQUESTING VARIAMCI TO MAXIMUM BIIGUT RIQUIR~IHTS or 10 to 14 STORIES FOR THI CASCADIS, ON NORTH COLLIER BLVD. - ADOPTED L.gal notic. havlnq been publish.d in the Naples Daily New. on November 25, 1964, a. evidenc.d by AffidAvit of publication filed with the Clerk, public hearing WAS open.d to consider petition V-84-25C, fil.d by David A. Novick, r.que.ting a variance to the maxlmum height r.qulrements of lQ to 14 storie. for the Cascades, on North Collier Boul.vard. Zoning Dlrector Layn. explained this is a request to build a 117, unit buildlng at a height of 14 stori.s at the above location. She .ald the property ls zoned RMF-16 and is 10cDted b.tween two .tructur.. of 22 and 14 .tori.s ln h.ight and that the maxlmum height in this di.trlct i. 10 storlw.. ~h. said thAt the petitloner i. not requ..ting any increase in den.ity, only a varlanc. to the helght. She .aid that based on the standards the Board must revlew, Staff recomm.nds approval of thi. petitlon. An unldenttfled gentleman described four slide., shown by Mr. David Novick, which illustrated the proposed project, and he explained that the petitioner has reduced th~ .lzo of the buildlng from 117 to 112 unit.. He said th", petitioner proposes not to obstruct the site Un.. of the condominium owners in the Admiralty House or Gulf View Condominium.. H. said the petitioner wants to set the building back 125 feet from the dun. lint <lnd the Sdtback on the .ide. will be incr.a..d. He sald lf the petitioner follows the zoning allowed a 10 story structur. could be bul1t wlthin 55 feet of the adjacent property limlt., however, the p.titioner proposes to increase the side setbacks to 77 feet. A model of the Cascade. W<lS displayed showing the terrac.d floor plan which will provide the condominiu~ owners with the best possible vi.w without obstructing the neighborS' views. The gentleman d.scrib.d the atrium planned for the project. Re.ponding to Commil.ion.r Vos., h. st<lted th.re will be boardwalks over the dunes. Co..ll.10ner Pl.tor aoved, lecond.d by Co..lslloner Holland and carri.d unani.ously, that the public hearing b. clos.d. Co..l..ioner Pistor .ov.d, second.d by Coaai.sloner Goodnight and carrl.d unanl~ou.ly, that R.solution 84-234 re Petition V-84-25C b. adopt.d. ~~n( 084. '1 .1 73'7 I'ag. 5 -~c ._".........."".....'~...,-,..~,""- m December 11, 1964 ~,.~....~ It.. 17 RISOLUTIOM 84-235 RI PETITION PU-84-17C, TIRRY STILES, RE PROVISIONAL USI -.- or -IL- rOR G&NIRAL orrICES ON SE CORNER or RADIO AND AIRPORT ROADS _ ADOPTED SUBJECT TO STIPULATIONS, rINDING-Or-rACT AND PITITIONER'S AGREEMENT - ACCEPTED PlannGr Ann McKim laid this il a petition to allow g.neral officos along with the other us.s in the "IL" district on prop.rty locoted on the louth.ast corner of Raaio Road and Airport Road. She laid Staff and all County aqcnci.s r.viewed this petition and r.comm.nd.d approval lubj.ct to the stipulations listed on the EXllcutive Summ<lry dated 12/6/84. She said the CAPC h.ld th.ir public h.aring on 12/6/84 and bll.d on th.lr rindlngl of Fact recomm.nodd forwarding the petition'to the ecc for approval. Hr. Doug Eagon, r.pr.awntlnq the petitioner, wal pr.l.nt to r.spond to qu.stionl. , co..ll.lon.r Holland .ov.d, I.cond.d by Coaall.ion.r H..I. and clrri.d unlni.ously, that Relolution 84-235 r. P.tltion PU-84-17C, b. .dopt.d lubj.ct to Staff stipulltlon. and the Finding-of-Fact .nd p.tltlon.r'. Agr....nt b. acc.pted. ann~ OB4~r.'741 I c------ Page 6 ""'.........,...__.....__'""',..._.._..''''"''''''''*'.'''''''.... ,.''fl ~ 084,p 746 Dec.mber 11, 1984 RISOLUTIOM 14-236 OUTLIMINC AM IXPLAMATION or PROCEDURE AND REQUIREMENTS rOR AMENDING COLLIER COUNTY COMPREHENSIVE PLAM - ADOPTED Community Development Admini.trator virta .xplaln.d that lalt week the County Attorney alked for direction from the Board to hay. Staff prepare a relolution whlch would outline the procedures for the a..ndm.nt proc.l. for the Comprehenliv. Plan andth. proc.l. is out- lined in the pro poled r'lolution. He laid that it hal b.en approxl- .-t.ly one year linea the adoption of the current Compreh.nlive Plan, and the plan provldel for an annual review proc.s.. He ,requelted approval øt the r..olution .0 applications can b. accept.d to amend the plan. He ..id If there are no applicationl hi. d.partm.nt will proc.ed to review the Compr.h.n.iv. Plan .nd bring It up-to-date. Commi.sion.r Vo.. pointed out th.t . dilcus.ion was h.ld .t the BCC work.hop on 12/10/84 regarding the advilability of including a long range plan for wAter, s.w.r and the whole infrastructure and Mr. Virta laid that Staff intend. to do thil to tho extent that they are able. Co..l..loner Holland aov.d, aeconded by CODDi..ioner H..I. and carri.d unanlaou.ly, that Relolutlon 84-236, al d..crib.d abov., be adopted. I'ðgll 7 -"'--, -----' c:::J ~ III rt:: -~ "1If'" tlitlli!_ D.c.mber 11, 1984 It.. 19 ~~ 084"i'''750 JOB DESCRIPTION AND PAY GRADE 1-08 FOR BUDGET DIRECTOR - APPROVED County Manlger Lusk Itat.d that It the BCC meeting 12/4/84 the Co~millionerl plac.d the budget prepArAtion r.sponlibility upon the County Manag.r. H. Illd thlt tho Perlonnel Department was requelt.d by hi. to prepare I pOlitlon d.scriptlon and to recomm.nd a pay grlde for thl1 polition. H. said the r.comm.ndation il for the position to b. .ntitled Budg.t Director with a PAY Crad. E-08 at a salary rang. of 135,000 to $49,000. Coaar..loner plstor aov.d, s.cond.d by Co..illloner Holland and carrl.d unanl.oully, thlt the job ~elcrlptlon and Pay Crad. E-OI for ludq.t Director be approved a. reco...ndeð by the County Manaqer. It.. 110 COUWTY ATTORNEY DIRECTED TO TAKE NO ACTION RE CURRENT CUN ORDINANCE County AttornllY Saunders .xplained that h. request.d that a dilcussion of the gun ordinance bo placed on the agenaa because two inconliltent lignall have rllult~d concorning the acc's desire for the r.gulation. of guns In Colller County. He said that the prlor Board of County Commlslloners ln the summer of thls y.ar directed him to draft In ordinance r.qulring a "coollnq off" period beforu the purchase of I hand-gun in Collier County. Ho said that lublequont to hll accom- plilhing thil, repr.s.ntatives of a local gun association suggest.d an alt.rnative ordinance which would be in conflict with the ·cooling off" ordinance and the HCC directed him to study the proposed ordinAnce from the gun I..ociatlon and r.port back to the Commislioners. He stAted that it wal his opinlon that thu propos~o ordlnar,~~e from the gun aSlociation merely st<lte. th<lt an indlvidual has the right to bear fir.arms, which 1. a rlght guarantedd by tne U. S. Constitution and an ordinanc. by the County Commløsion would not be necessary to guarantee that right. H. requ.lted direction from the ~ommlls10n.rs as to wh.th.r h. Ihould return with A "coollng off p.rlod" ordinanc. or the ordinance .ubmitted by the gun associatlon. Commissionur Hasse asked why anything needs to be done ln thls respect and ~r. Saunders sald thls would be purely a policy daclsion and the ~ard doel not n..d to do anything, if It 10 de.ir.d. He laid the Comlllll ¡ioners could dl rect that no ordlnances b. drafted and thlt the .xisting State laws be followed with reference to po.session of fir.arms. Page 8 ~---, -- ~_. --:] ..--..,.-...., - w ---'-'...."..-~---,-" 'L. r:=:1 ¡:-7:l r-"'1 December 11, 1984 Co..ll.10ner H.... aoved, ..cond.d by Co..l..10n.r Holland .nd carrl.d unanlaoualy, th.t the County Attorn.y b. directed to t.ke no action r. the curr.nt gun ordinance. It.. 111 RISOLUTIOM 1.-237 RI DRI-14-3, MARCO SHORIS RI CHAIRMAM SIGNING BITTLIMIMT fROM ADMINISTRATIVI HEARING - ADOPTED County Attorney SAunders stated that the BCC approved a DeveloFm.nt Ord.r for Marco Shores, DRI-B4-J, and an app.al of that Order wa. mad. to the Division of Adminlstratlve Hearings flIed by the Department of Community Affairs. He said there were some questions conc.rning road impacts and hurricane evacuation contained in thll D.velopmlnt Order ilpprov.d by Colller County. lie said a hearing wa. sch.duled and a ..ttlem.nt WA. roached betw.on Deltona Corpor4tion and the Department of Communlty Affalrs amendlng, in a minor way, the originill Dilv.lopment Order. HI! said the basic .omvndment, ln r.f.rence to transport<ltion, is that if there ls a road impact foe ordinance approved by Colll.r County, a Fair Share Ordlnance, that ordinance wl11 take precedenctl over the road lmpact stipulAtlons contaln.d in the original DRt. ~e sald lf there ls no impact fee ordinance approved then ther. are certain stipulations containod in the original DRI .. well as thl Stipulation For Sottlument that will ensuro that Deltona Corporation pays lts falr share for any road impacts created by the ~arco Shore. Development. Hr. Slunders .aid the Stipulation For Settlument ls silent on the llsue of hurric.n. evacuation and the origlnal DRt wl1l prevail on this .ubject and all other issues that <lro not addressed in the Stipulation For S.ttl.ment. . Community Development Admlnistrator Virta explained that projects that ar. b.yond a certain size have to be revi.wed by the Southwest Florida R.gional Plannlng Council (SI>IFRPC) who make recommendations to the BCC as to conditions they feel necessary to mitigate Any impacts that ar. d..med of a regional nature. Ita sAid the SWFRPC reviewed.and lIIade recomm.ndations regard,ing the Marco Shores DRI and the acc adopted a D.velopment Order which did not endorse all those recommendations. He said the SWFRPC reviewed the Dev.lopment Ord.r and, although they have the option of appealing the County Dovelopment Order to the Covernor and Cabinet, they chos. not to do .0. He said that the Department of Community Affairs chose to appe<ll to the Covernor and Cabinet and this Stipulation For Settlement is a compromise reached Ulð( Q84,p751 Page 9 _.~__M_· .~._ .___...__._ .. ...........---.--.. L OOA ~t) Dec.mber 11, 19B4 nð( O't r)'.1 , ~ b.tw..n D.ltona Corporation and the Departm.nt of Community Affairs, which il mort r.strictiv. than the original Dev.lopm.nt Order that the SCC approv.d and PUtl more of a burden on Deltona corporation. H. laid Deltona hal agr..d to acc.pt the additional burden in ord.r to proc..d with th.ir Dev.lopm.nt in a timely manner and that Staff r.commends the Itipulation be .ndors.d by the BCC. R.sponding to Commilsion.r VOSI, Mr Virta explained that the additional Itipulations ar. the iteml that Mr. Saund.rl r.lated to In t.rml of Dtltona Corporation b.ing .ith.r und.r a Fair Share Ordinanc., if adoptoâ, and if not the Corporation have to provide certain improv.- ..ntl bal.d on c.rtain thr.sholds which ar. ti.d to c.rtificat.1 of occupancy. H. laid as the proj.ct progr.ss.s the Corporation can go 10 far and th.n improv.m.nts have to b. mad. to the roadway syst.m before th.y can go any furth.r. R.sponding to Commissioner Plstor'l questlon concerning hurrican. .vacuation, Mr. Virta lald this is a final lottlement which would r.mov. the lssu. of hurrlcane eVbcuatLon from the app.al proc.... H. .aid that thil o.velopmer.t would be subject to the .ame proc.dur.s that any oth.r d.velopm.nt wouid be subject to in terms of evacuation schedule as outlined in the County Operations Plan. He said that the SWFRPC WaS encouraging vertical evacuatlon, or people from lower floors moving upward, and insteAd, the County plan is one of phal.d removal of the populac.. Comml.sioner pistor stated that the Federal Governm.nt hal not s.ttled the floodplain h.lghts, yet, and the Fed.ral map Ihows an 11 foot r.quirement on the Mðrco Shor.s Dovelopment, howev.r, it is six or seven ml1e. back from the Culf of ~exlco and that there was <I question as to whether there would ever be an eleven foot surge that far back. H. said that the. SWFRPC felt tho County should insIst on the heights b.ing up to .lev.n f.et and any .vacuation could be mac. into certain buildingl built above the required height. He .ald, however, h. did not aw. how the el.ven foot r.qulrement coulu be re~ulred becAus" hop.fully, the f.d.ral Covernement will have a revlsion of the flood- plain h.lghtS and that, lt was hls o~lnlon, thin i. one helght that will be revlsed. Tap. 12 Commill.lonor Vo.s polnted out that the dev~lopent was approved by the previous Commi.sion and the objections raised were by the Depart- m.nt of Communlty Affairs and they have been r.solv.d. Pbg. 10 . -,.~,' , I - :...::.J ,.-, - ;......-".....-.--.- -_......_...""···_·.....~-~--··'L·~·· L r..-J t:::::J r::=t December 11, 19~4 Co..I..lon.r pI.tor aov.d, ..cond.d by Co..l.lloner Holland and carrl.d unanl.ou.ly, that Re.olutlon 84-237 re DRI-84-3 Marco Shor.. ..ttl...nt fro. the A4.1nlltrativ. H.arln9 be adopt.d. ~~O( 084 rl",! 753 ,L Pag. 11 _ .."'".,""....,...,_,..,.,.......".,'..,v,,'''"."...;.,...,~_··''''--"' December 11, 1984 xu. 112~~ œ4·t'.'158 ROUTIHE BILLS - APPROVED FOR PAYMENT pur.u.nt to R.solution 81-150, the following checks were is.u.d through Dec.mber 7, 1984, in payment of routine bill.: CHEC~ DESCRIPTION CHECK NOS. V.ndor 121700 - 122177 ~ $2,298,605.74 113 BUDGET AMENDMENTS 85-83/84, 85-87, B5-89/94 AND 85-96 - ADOPTED Co..l..ion.r Holl.nd .ov.d, ..cond.d by Co..l..ion.r Piltor .nd c.rri.d u~.nl.ou.ly, that Budg.t ~.nd..ntw 85-83/84, 85-87, 85-89/94 and 85-96 b. adopted. It.. 114 MR. WILLIAM TRACY APPOINTED AS ALTERNATE TO THE CAPC Coaahdon.r H.... .ov.d. second.d by Co..hdon.r Piltor and c.rri.d u.ni.ou.ly, th.t Mr. Willla. Tracy be appolnt.d .1 .n alt.rn.t. to the CAPC. IU. 115 RESOLUTION 84-238 DIRECTING COUNTY MANACER TO HAVE THE COMMUNITY DEVELO,"EMT DEPARTMENT PROCEED WITH CALCULATIONS or POPULATION IN ORDER TO DRAW MEW COMMISSION DISTRICT MAPS - ADOPTED Comml.sloner Voss sald that slnce 1981 there has been no r.di.tricting ln Collier County and there has been a tromenoouS incr..s. in popul.tion. H. sald it w.s time for the Communlty D.v.lopm.nt Department to prepare redistr1cting maps for the Commission to .pprove. He sald that the theory is that each of the five Comml..ioner. repre.cnt approximately the same number of people and that h. doubted thls was true under the present districts and this is why he requested the ltem to be added to thu agenda. Commissioner Pistor said that thero has been a lIu~qestlon that the redi.tricting m.ke the distrlcts for the County Commission the same as the ~chool Board, however, this wl11 not be possible, at the pre..nt tim., .inc. there Are thr.u ~chool Board members who live in the City of N.ple.. Commlssioner Hasse su~gested that the Supervisor of Elections b. r.que.t.d to help with this process, and Commissioner Voss point.d out that, basically, this is a ~roblum for the Communlty Development St.ff to undertak.. Page 12 ::::J :.:..:J "-:J ".....~.....___,w".,·;...._- "L ,---,-_......'"~"_..,,--,.,., f.-.j ç::::') ;:........, Dec.mber 11, 1984 Co..I..loner Plltor aov.d, ..cond.d by Co..l..loner H..I. and carrl.d unanl.ou.ly, tbat R..olutlon 84-238 dlr.ctlng the County Mana,er to have the Co..unlty D.v.lopa.nt Dtpart..nt proc..d with calculation. of population In order to draw n.w Co..ll.lon dlltrlct "PI be adopt.d. Responding to Commisslon.r Hass., Commission.r Voss laid, under Stat.,Law, r.dlstricting can only b. don. during the odd number.d year. T:b<:\.ITent not received in Clerk's Office as of Docerrbet" 17, 1984. ~1Ift'( ~p759 PAg II 13 L --""_..._-,-""'-"-"_."",.<-,"",......""........._-_...-.----_...,,...-- Dec.mb.r 11, 1984 ~ œ4"""700 lU. 116 $3,000 APPROPRIATION PROM Bee SUPPORTING COLLIER COUNTY EXHIBIT AT THI STATE PAIR - APPROVED Commissioner Holland .xplained that, In tho past, the ~CC ha. .upported the Colli.r County .xhibit to the 6tat. Fair. H. said prior to this y.ar it has be.n support.d by the Chamber. of Commerce in I_ok.ln .nd Naples and by ..v.ral kotary Club. a. w.ll a. 'County gov.rnm.nt. H. .a1d prior to this y.ar Broward and Colll.r County had . joint .ffort in the .xh1bit. and thil y.ar the.e two Counties ar. both independ.nt. H~ said the BCC has been requested to assist in the .xh1bit which i. co-spon.ored by Collier County Agri-Businesswom.n and the oth.r coop.rat1v. ag.nts and the Farm Bureau. Co..lls1on.r Holland .oved, ..conded by Co.mls.ion.r H...., that a 13,000 appropriation fro. the BCC lupport1ng the Colli.r County .xhlblt at the 6tat. rair b. .pprov.d. Commissionvr Cooonight said that during the past yuars the people partlcipating in thls project have stayed the entlrc two welks and have well repr.sented brow<lra <lnd Colller County ana thls yeðr Collier County is going on its own. She said that in the past Collier and ~roward have recelv.o the Grand Prize for the best exhibit in the State and that this is a worthwhile CJuse. Upon c.ll for the qu..tion, the motion carri.d unanimou.ly. It.. 11 7 DECISION TO DROP THE REFINANCINC or JUSTICE CENTER BONDS AT THIS TIME - APPROVED Commisslcner Voss exp141ned that last week Mr. Davld Fischer, the Flnanc1al Consultant for Collier County, camu here at the r.quest of the Commi..ionvrs to diøcuss refinanclng the bonds for the Justic. C.nt.r. He sAid that when this .ubject was dlscussed previously it was the f.elin~ thAt the bonù rdte might drop consiaerably and a target figure of 9-1/6\ was devlsed. Commlss10ner Voss read a letter Mr. Fiscoer wrote that Btatea that After revlewing the Palne ~ebber variable rate tllchnique of refunding it was his opinlon that lt would not bo a prudent financial venture for Colller County to enq<lge. Commissioner Voss Bald that Mr. Fischer's letter states that Colller curr.ntly nas a long-term fixed rate of 10-3/6' on its 1982 series which is con.la.red vory good by most economlsts and to trade this rat. for an uncvrtlln v~rlabl. rate wlth projected savings would not bu Page 14 .-..., - ,. ::.J ,~ ... .....- ....., ---.I L' ",,,,,;~_.,,,--,~....-.,,, . m ~-.,·-1 ,..., December 11, 1984 conlid.red advilable. Commissioner Voss said Mr. Fischer states that there il no other technique that he knows of that would save Collier enough mon.y to b. consider.d a'feasible refunding at this tim.. He laid that Collier County'. 1~82 issue II not an iSlu. that l.ndl itself to certain techniqudl of lavIngl, howev.r, If inter.lt rates Ihould fall below 9\ the pot.ntial of refunding could be revilited. Commislion.r Voss lugg.sted that the BCC .liminate conlideration of the varilblo rat. refunding and, whl1. the Commission hal indicated to the Joint V.nture of prudential Bache/M.rrill Lynch that the County would llke to r.finance the Justice Center Bonds when and if the rate goes down, it was hIs recommendation that Staff be directed to eliminat. this requ.st from the County's recordl because it is not golng to work out for the County at this tim.. Relpondlng to Commlssloner Ilassll, Commlslioner VOSI said that Fllcal Offic.r Cil.1 was pr.sent during the conversation with Mr. rilch.r. Mr. Lusk said that he and Mr. Ciles support the recomm.nda- tlon to not refinance the bonds at this time. Mr. Cilel agreed. Coaai.lioner VO.I .oved, leconded by Coaalllion.r Piltor and carri.d unanl.oully, that the Board of County Co..i.slonerl drop the r.flnancing of the JUltice C.nter Bonds at thil tl... It.. 171. CHAIRMAN INSTITUTES PROGRAM or ACCEPTISG SUCGESTIONS rROM AUDIENCE Chairman VOl. Itated that sev.ral yearl ago there was a practice wh.r.by, at the .nd of the meeting, the BCC Chairman would ask if there wal anyone in the audi.nc. who had any helpful luggestionl for the consid.ration of the Commi.lionerl. He polnted out he did not mean lengthy d.batel, however. He laid he would lik. to institute that program again and asked if lhere was anyone present, at thil time, who want.d to make luch a luggestion. Following the rec.ss, Mrs. Charlotte W.stman, r.presenting the League of Wom.n Voters, IU9g~lted that the Public Petitions b. placed at 10:00 A.M. on the agenda to eliminate long delays wh.n the agenda buslness is completed prior to the current 11:00 A.M. Public P.tition time. It wal the conl.nsul of the Commil.ion.rs that thil would be I good idea. ann( 084· ,: 761 Page 15 ~~ ~T "" L _'_d.~.""·__..-.""",",_.._______~' __..."'._........"_.""'_...''''''......_.....c December 11, 1984 It.. 118 ~ 084,:~,,75Z.' RISOLUTIO. 84-239 ESTABLISHING THAT A NUISANCE EXISTS ON LOT' 38, BLOCK -T-, CONNOR'S VANDERBILT BIACH ESTATES - (ROY ORMES) ADOPTED County ^ttorney Saund.rl ask.d if Mr. Roy Ohm.l, the owner of the lot in queltion, indicated that he would b. present for thil public hearing and Zoning Dlrector Layne said that a notic. was sent to Mr. Ohmel by the Clerk's Office informing him of this public hearing and nothing has be.n r.c.ived from Mr. Ohm.s or the Cl.rk's Offic. whether h. would Þe pr.lent or not. She said that Mr. Ohmel sent a l.tter to the Zoning Departm.nt objecting to the determination that his lot constitut.s a nuisance and the letter from the Clerk'l Office was lent November 19, 1984 by Certifl.d Mail. Chairman Voss requ.lted a R.cesl to wait until the appointed time for the Public Petition and to see If Mr. Ohm.s appeared. ...RECESS: 9145 A.M. RECONVENED, 11:00 A.M.··· Ms. Layne explained this is an Appeal of Notice to abate a nulsance on Lot 38, Block "TI, Connor's Vanderbilt Beach Estates. She laid on October 30, 1984 on a routine patrol it was the determination of the Zoning Departmwnt th<lt thw growth on thls lot exceeded 18 inch.s in height and a notice was sent to Mr. Roy Ohms in North Haven, Connecticut. 5he sAid on November 19th, as pr~Ylously stated, a letter wal rec.ived from Mr. Ohms objecting to the determin<ltion and he requ.st.d a public hearlng. She said if the ~oard aecldus that a nulsance does ex 1st lt should pass a resolutlon declarlng the nature of the nulsance and if, <lfter hearlng the petltioner, decides that no nuisance exists, the m<ltter wll1 be voided. She showed photographs of the lot to the CommlsslonerH and Mrs. westman who had alked how high the weeds were? ~s. Layn. said that the h~lght of th~ growth is 18 inch.s. cnairman Voss lugg.sted that when pictures are tak.n, in the future, that lom.one snould stand next to the growth so th.re would be an indication of actually how hlgh the grdsl and weeos are. Relponding to Mrs. westm<ln's question of what measureS are used in d.termlnlng that <I nulsance exlsts, Chalrman Voss stated that 18 lnches 11 the helght ana Assistant County Attorney Cuyler statea the matter il more fully defined In the ordlnance. He stated for the record that Mr. Ohmel did slgn the Return Hllcelpt for the certlfled letter from the Clerk's Offlck and he showed a copy of that letter. Commlsslonur Holland ask.d Mr. Cuyler if the ~oard is completly Pa <:1 e 16 . :.=J ~ . '.<.__~"""""."''''~''''>f;'.:! ,,;o~,r:"""c.::.'" --""''''~---'--''''''''''"''~- r,-l ~ ~ Decemb.r 11, 1984 within the ordinance to r.quire this lot to be cl.ared .. .videnced by the pictur.. MI. Layn. show.d, and Mr. cuyler rupond.d affirmatively. M.. Layn. .aid that If . r..o1ution i. p....d that the lot 11 a nui..nc., the own.r would h.ve t.n day. from this date to c1wan up the lot Ind if h. do.. not, the County would ..nd a contractor to do the work and plac. a li.n on the prop.rty. co..l.aion.r Piltor aov.d, ..cond.d by Co..l.llon.r HISI. and carrl.d unanlaou.ly, that R..olutlon 84-239, 'Itabllshlnq that a nulsanc. .xl.ts on Lot 38, Block -T-, Connor'. Vand.rbl1t B.ach E.tat.., b. adopt.d. Ch.irm.n vo.. comm.nted that of all the call. h. has r.ceiv.d at hil home .nd office, those d.aling with complaints of overgrown lots are the mo.t num.rou.. k~O( 084· ~f763 Page 17 '11"- L ,·.c..,.·""".."""",,,,,__"_"'_· .......... ~....."""'"'._~,-".........,,....._-_._'< ~--.._._- r,,-·, Cl ~ Dec.mber 11, 1904 ...Th. tollowlng It... w.r. approved and/or adopt.d und.r the Conl.nt Agenda by .otlon of co..lllloner Pl.tor, I.conded by Co..le.lon.r Holland and carried unanl.oully.··· It.. 119 REC1.ASSIrlCATIOM or POSITIONS IN THE UTILITIES DEPT. RE UTILITIES ENGINIERING COORDINATOR AND UTILITY rISCAL SPECIALIST IU. 120 lID '774, rOR POWER BORING EQUIPMENT rOR COUNTY WATER SERVICE - AWARDED TO ELEPHAMT INDUSTRIES IN AMOUNT or $8,886.00 L.gal notice having been published in the Naples Daily Newlon November 5, 1984, al eviaenced by Affidavit of publication fl1e~ with the Cl.rk, blds were r.c.ived for Bid 1774, for power boring equlpm.nt for County Water ~ervic., untl1 2:30 P.M. Novembor 21, 1984. It.. 121 BID '775, rOR WELLPOINT SYSTEM - AWARDED TO COMPLETE WELLPOINT, INC. rOR SIWER AREA "A- IN AMOUN~ or $8,404.38 Legal notice having been ~ubllshed in the Naples Daily N.ws on Nov.mb.r 12, 1984, <IS .videnced by Affidavit of publication filed with the Clerk, bids were received for Þid 1775, for w"ll point system for Sewer Area "A", until 2130 P.M. Nov~mber 28, 19B4. IU. 122 IMCRlASE IN rEES TO ASSOCIATED UTILITY SERVICES, INC. rOR CONSULTING SERVICES PERTAINING TO E. NAPLES WATER SYSTEMS, INC. IN AMOUNT or $7,500.00 IU. '23 ACCEPTANCE or ON-SITE SEWER AND ON-SITE AND Orr-SITE WATER fACILITIES CONSTRUCTED TO SERVE LANDMARK ESTATES PHASE II-A SUBJECT TO STIPULATIONS l. The legal documents are found to b. legally sufficient by the County Attorney for acceptance by the Board. 2. Th. minor items listed in the Developer'l letter dated December 3, 1984, shall be completed to the satisfactlon of the Utilities Divislon. See Pages 77ð" flY It.. 124 PETITION TR-84-2C, JOHN TROMBURQ, RE 3 MONTH EXTENSION or TEMP. RESIDENCE PERMIT ON TRACT 117, UNIT l5, GOLDEN GATE ESTATES It.. 125 ~I\n~ 084-·),.. 765 Page Ie ----T'----------·,-'-- -,----"'...__......""'"...........;....~~-".._.,--,....._-'--'*- Decomber 11, 1984 ~n~( AAA. '1'1 ~ RECLA8aI~TIoJ~D PROMOTION or PRESENT BUILDING DEPT. LEAD INSPEC- TOR, SONNY DVORAK, TO BUILDING INSPECTIONS SUPERVISOR AT SALARY or ,22,292.00 %t.. 12' RIIOLUTION 84-240 TO RECOVER rUNDS IX PEW DID IY COUNTY TO AlATE PUBLIC MUISANCE ON LOT19, BLOCK 96, UNIT 3, GOLDEN CATE CITt (ALICE A. SANrORD) Slit pag.s f'J.(, 127 RIIOLUTIOM 84-241 TO RECOVER rUNDS EXPENDED BY COUNTY TO ABATE PUBLIC MUISANCI ON LOT 18, BLOCK 48, UNIT 4, NAPLES PARK (SALVATORE MARCKI) Su P.1qu Yd, lU. 128 RESOLUTIOM 84-242 TO RECOVER rUNDS EXPENDED IY COUNTY TO ABATE PUBLIC MUIßANCE ON LOT 21, BLOCK R, UNIT 3, CONNOR'S VANDERBILT BEACH ESTATES, (DR. LIDIQ) Su PAqe I c¡ /7 It.. 129 RESOLUTION 84-243 TO RECOVER rUNDS EXPENDED BY COUNTY TO ABATE PUBLIC MUISANCI ON LOTS 5 , 6, BLOCK 79, UNIT 6, GOLDEN CATE CITY (ANTHONY LOPEZ) S.e Pag.1 ..x.d.. It.. 130 RESOLUTION 84-244 TO RECOVER rUNDS EXPENDED BY COUNTY TO ABATE PUBLIC MUISANCE ON LOT 21, BLOCK 292, UNIT 6, COLDEN CATE CITY (LAURENCE J. RITCHIE) !:leu PAges g 19 RBSOLUTION 84-¿45 TO RECOVER rUNDS EXPENDED BY COUNTY TO ABATE PUBLIC NUISANCE ON LOT 8, BLOCK 183, UNIT 6, GOLDEN GATE CITY (ARMOND JOHNSON) Su paqu 1;1.tJ CONTRACT FOR DEBORAH C. BURR FOR TECHNICAL ASSISTANCE TO SEC~:'ON 8 PROGRAM RETROACTIVE TO 11/27/84 See Pages Y,;¡/-K,;J.3 Page 19 :--'''1 ~ ..~-., .~... .." ----i ..~.-.,~.............-"' - -...,--....,. "'-. ,·....···":,.~..,:-.................~'~II"'I·".I C""" ...c". r·..·"d r~~,¡";<,,,J December 11, 1984 REVISION or POSITION DESCRIPTION AND INcnEASE IN PAY GRADE TO E-04 or rLIET MANAGEMENT DIRECTOR lU. 134 SOCIAL SERVICES CASES W-1138 AND W-10838 lU. 13S CERTIrICATES FOR CORRECTION TO TAX ROLLS AS PRESENTED BY PROPERTY APPRAISER 1984 TAX YEAR 611/76 11/21-27/84 TANGIBLE PERSONAL PROPERTY !.ill 1984-72/85 11/26-12/4/84 It.. 136 IXTRA GAIN TI"E rgR INKATES NOS. 36732, 44593, 30202, 34934 AND 38417 It.. '37 DUPLICATE TAX CERTIFICATE NO. 3137 TO CHARLES J. ORLANDO Sol. P<lq e J.:<,/ It.. 138 AUTHORIZATION rOR CHAIRMAN AND MEMBERS OF BOARD TO SIGN BOND rOR GUY CARLTON, TAX COLLECTOR S.. I'ag.. $,J5"-f.J.1. I'õ.w-l It.. '39 MISCELLANEOUS CORRESPONDENCE - rILED AND/OR RErERRED Third b.lnq no object lon, the Chair directed that the miscel- laneous correspondence be flled and/or referred as lndicatea below: 1. L.tter dat.d 11/27/84, from Egon lIill Itðting that Ar.a Aqency on Aging has rec.ivdd a special allocation of $98;000 whlch has been re-allocated to the Immokalee Service proqram for construction of II Senior Citlzen Center. Filed. 2. D.partm.nt Report: Collier County VeterAn~ Services, 9/84. Filea. ~~~ œ4 'J! 7õl Pa'.le 20 ·..·---·--------~-L-----.."-·--- ---- ___-.......--..,'''''~.., .".".,."c.,"~·,~"'.~""....,.....--...._,·- D.cember 11, 1984 1l1li'4: 0!4 ."...1'768 3. Letter dat.d 11/30/B4, from Richard ~. Cantro1l, Environ. Sup.r., DER, .ncloling copy of applicotion for rill No. 110960935 for drldg. and fill activitlel In Napl.s. XCI Virta. Bled. Mr. 4. Copy of letter dat.d 11/28/84, from Don Dud.n, Ailt. Exec. Dir., DNR, r. Spoil Site Acquilltion and Improv.ment proqra. Meeting 1/8/8S, plul copy of current rule. XCI Mr. Luak. Filed. 5. Copy of letter dated 11/26/84, from Elton J. Ciallndanner, Exec. Dir., DNR, r. approval of time extension permit File. No. CO-47, The Scottsdale Company, plus copy of l.tter dated 11/9/84, to Mr. Stanley Hole from Carlos R. Carrero, Bureau ~f Coastal Enqineerinq and Requlation, r. approval of aft.r-the-fact modification, Permit No. CC-26MM(ATf) (CF) approval, plus copy of rinal Ord.r. xc: Mr. virta. riled. 6. Copy of Notic. r.ceiv.d 12/3/84, from Florida Public Servlc. Co~misslon of h.arinq re investigation of the level of .arninqs of Central Tel.phone Co. on 12/4/84, Docket No. B40168-TL. Filed. 7. Letter dated 11/27/84, from Kathleen A. wilke, Sec., Peoplel Bank and Trust, r.questing information on Single Housing Mortqage Revenu. bondi, Seriel 1980, Housinq Finance Author- ity of Collier County, Florida. xc: Mr. Gil.l. Filed. 8. Copy of letter dated 11/14/84, from Hep. Mary Ellen Hawkinl to Paul Midney r. fluoridation in the Immokale. wator lupply, plus a letter from Paul Mldney to kep. /lawklnl dated 10/30/84. Filed. 9. Copr of Minutllll A. CAPC, 11/15/841 B. EMSAC, 11/14/84, not ce of l2/12/84 ~eetingl C. Library Advisory Board" 10/25/841 Napl.. City Council, 11/7/84. Filed. Copy of letter dated 11/29/84, from Tax Collector Carlton to Cer<lld Lewis, Comptroller of Florid., plus copiel of forml in compliancu with Sec. 218.36, F.S. Filed. 10. PICJe 21 .-...., -.i :.:....:.J .. J ----~._-_.__._--~._---,- ""....~.,,,.......""~..........."'........_-,....-~-,......- r.:.:J l=:J December 11, 1984 11. Copy of letter dat.d 11/27/84, from S. F. Stover, Dlr., Dept. of Admlniltratlon, Div. of Veteran Affairl, r. attendance of Donald Norton and Janie Buttl to the Mid-Wint.r Training Conferenc., plus copy of Mr. Stover'l report to N.vln C. Smith on conference. Filed. . . . There b.ing no further Order of the Chair - Times bUlinell, the me.ting wal adjourned by 11:10 A.M. BOARD OF COUNTY COMMISSIO~ERSI BOARD OF ZO~INC APPEALS/EX OFFICIO COVERNHlC BOARD (S) OF SPECIAL DISTRICTS UNDER ITS CONTROL . VO~S, CHAlkMAN ATTEST: WILLIAM J. REACAN, CLERK ..þ~I\" to ¿L¡,~:.' · (:.$... ;..J_.()'c. ,--~~ 'lIIinutu "app..r;ovld on ~ /.sJ ~'P~-as presented ~ or~~.' correct.d ~ ~. .. ,r' /., I, '\ ~',... ~ ~OO( œ4 -r.r 769 , C-- »11_-"'-"""'- ~ Page 22 _...._~,.._.........""".."","n_'~_"."'"~·".-,U""'""'..-...-"--~