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BCC Minutes 01/19/1982 R --- - -- ..--- -- -- --- --~-- -'-- ----- - - - --- N~pleø, Florida, ~anuðry .19, 1982 LET IT BE REME~BERED, that the Board of County Commissioners in and for th0 County of Collicr, and also acting as the gov~rning board(s) of such special districts as have been created ftccording to law and having conducted business herein, met on this date at 9r02 ~.M. in Regular Session In Building ·F- of the Courthouse Complex with the following members presentr CR^JRMANr VICE CIIAIRM^N: C.R. -Russ· Wimer Mary-Frances Kruse .John A. Pintor Cli f fo rd W'IO ze 1 Dðv id C. Brown ALSO PRESENT: WIlllam.J. Reagan, Cl9rk, Harold L. Hall, Chief Deputy Clerk/FlscDl Officer, r.lino~ ~k!nncr ðn~ Dar16ne Oavidson (lr40 P.M.) Deputy Clerks, Donald Pickworth, County ^ttorneYl C. William Norm~n, County Mnnn0cr, Noil Dorrlll, ~dM1~'strntlve ^s91gta~tl Terr~' Vlrtð, Community Development Administrator, Mrs. Sandra Yates Crow, Block Crllnt Coordln~tor¡ Clifford B.'Irksdfllc, P,' Lic Works Admln'istratcr r Donale'! Norton, Public Services ^ðministrðtor, Grace SplJulding, Administrative Aide to ~he Aonrd, lind, William McNulty, Sheriff's Dopðrtmcnt. PðgC 1 &O~( 067 FACt 176 - - -- - -- - -- -- - ---- - --------- - - ----- -- ---- -- .....--- ----------------------------------------. January 19, 19n2 ~CEND~ - APPROVP.D Commlosloner Wenzel moved, .econð~d by Commissioner pistor and carried un3nimously, that the agenda be approveð with the following additlonsl 1. Proclamation rc ~iss Colll~r County to be prosented to Miss Leona Lynn Drawdy. 2. Item l4.B. (BCC) Discussion r8 mobile homes In Collier County. PROCLAM^TION RE MISS COLLIER COUNTY, 19A2 TO MISS LEONA LYNN DRAWDY - ADOPTED Chairman Wimer read for the record 8 Proclamation honoring Leona Lynn Drawdy, ~iss Collier County for 19R?. Commissioner piator moved, seconded by Commissioner Brown and carried un~nimou6ly, that said Procl~mation be adopted. Chairman Wimer congratulated Miss Drawdy on behalf of the Commls- sioners. Miss Drðwdy thanked tho BCC ~nd cxpresse~ thanks to the public for allowing her to represcnt the citizens of Collier County. Page 2 &OOK 067 FAC.:180 - - - --- -- ---- -- - - - - - ---- - -- - - - - - - -- - - - - - - - --- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- Janu~ry 19, 19"2 ')~T'I':N~~CF. NO. 8?-10, RE PETITION CP-Al-25C, MICHAEL J. MICELI "EOC!:ST- IHC ~ COMPo PL1\N UNO lISE F.LE~'f.NT AMr.NDMF.NT FROM RESIDENTTAL MEDTUM DF.N5TTY (0-1).22) TO nE5JDFNTTAL MEO\UM-I!t(':H DF.N~TTY - ADOPTED. Leqðl notic. having been bc~n published in tho Nðples Daily News on Docomber 18, 1981, as evidenced by Affidavit of publication filed with the Clerk, public heðring WðS opcn~d to consider Petition CP-81-25C, filed by owner, Mr. Michael J. Miceli, r~questing a Compre- henslve Plan Land Use Element Admendmont from Rcsidential Modium density (0-(,.22 units por gross acre) to ResIdential Medium-High Density (6.22-30 units per gross acre) for ~pproximately one (1) acre of property. Planner Terry Clark indiclltcd the locatior. of the proporty, on ð ~ðp on an overhcad bOðrd, as a site along the west side of Vanderbilt Drive, between 9lst Avenue North Dnð 92nd Avenuo North. Ho explained the site's proximity to Vt.ndcrbllt Beach Road, which runs oðst and west, U.S 41 and Nðpl~s Park. Mr. Clark explained that the property consists of Lots 1, 2, 3, & 4, Block C, Vanderbilt Beach F.stðte9 12. He dOßcrit.., the surrounding land use designation as commercial to the south, as low to medium density to the north (0-4 units per gross ncro), and as r~91dentlal medium density to the east (0-(,.22 units per gross acre). Mr. Clark stated th~t, on March 31, 1981, Mr, Miceli requested th i s chðnge for the four' lots undcr discuss ion, pI us two othar lots to the north. At thðt time thp. Dee denlod th~ requost. He sðld thst on Deccmber 17, 19~1 the CCP^ consi~cred and recommcndort denial of pcti- tion CP-Bl-25C. fie cxplðlned thðt staff rt'!commenðs den1ðl of this PAq e ) &OQII 06'7 PALi182 _..._ _. __. - ______ - __ 0- .__ _.. _ ____-- ---- - - -- -- - ~-_. - -- -----.-.~.__.------- -- --- -..-- .------ - --- ---------- aOOK 067 PACt 183 January 1~, 1982 r~tltlon, as it woulð not b~ comp~tlhlQ nor c.~mplimontary to tho 8ur- roundil'lg propcrty. Ht' Mid th3t the l1oaic1cntlcl "'odium Density rhn Use ðcts as ð good trnnoition zone. CommIssIoner Wenzel aSked for clnrlftc~tIon of stnft recommcnda- tion and expr~ssed hln undcr~tnndin~ thðt thore Is ð condominium currcntly undp.r construction on a site to tho south of the property undcr discussion, that 10 donoted In red on the aforementioned map. CommissIoner Wcnzel Dalc1 thnt he understands that approximately ð lO-unIt npßrtment buildIng Is on the site, which is marked in yellow, on tho same map. Mr. Clark respondod th~t ð low riso, two-story ðpartment complex is on tho y~llow mDrked site. He explnined that he W3S uncertain as to whether the building on the red site was under construction. Mr. CllJrk explained that ~r. Micali could comply with the Comprehcnsive Plan ßnd construct ð bui]ding with up to fi.22 units per gross acre. He explained that Mr. Mlcell is requesting this amendmcnt to r~ise the rlcnsity to medium to hIgh. Mr. ~l1chacl .J. Miccli e>.::>lalnt!d that he purc~ ..sed tht: property in 1973 and ho understood, at that time, his land contnlned the same zoning design~tlon as the adjacent property, a sIte wi~h an approximate size of 20,000 square feet ðnd,on which ]0 ~partments were built, ð density of about 20 unitß per acre. H~ rclðted his attempt to change the zoning designðtlon on his property, 5 years ðqo, to correct ~ situation which wns ch~nged ðfter he purchð~cd the property. He said he w~s denied that request. He said that the wGRC- property, immediately south of his land, h~s no maximum designation in the ordinance, and that motels or hotels could b~ built with ð result of at least 40 units par acro. P~q. 4 ________..t..-_______________________________ ,-:."" .." -J ,.......'"'-. ___·.,.~_,.~_,w.__«_.,',·"'_... ----------------------------------------. JðnUftry 19, 19R2 Mr. Mlc~li responded to a question by Commi..ionor Wenzel by saying ho dið not know if there was interval ownership Involved in the adjacent buildings, but that he folt his designation was unfair. Responding to Commissionor pistor, Mr. Clark clarified that two lot. in the ðreð, which aro not included in the petition undor discus- sion, are designated 0-6.22 units per gross acro, and currently existing, non-conforming land uses on the Comprehensiva Plan. on which stand the Tipton Apartments. He referred to the nforementloned map and indicated ðn or~nge area to the north of Mr. Micoli's property, that is designated single-f~mily, o-~ units per gross acre. During the gerd~'rl'll discussion which ensued, County Attorney pickworth asked Mr. Miceli if he owned the two additional lots, and Mr. Miceli clarlficå that originally he did not own two lots, he merged with the owners, ðnd joIncd with those owners in a p~tition to get the entire Block zono dcsignDtion changed, which resulted in the Planning DapDrtment's contention thðt ðpproval of that request could be consid- ered spot zç~ing. He clðborat~d on the bnck9~~und det~ils of that situation, which rcsulted in the Bee denial of the original potition. no said that he purchðsed the two lots In question and subsequently 'old them. Some dlscusnlon resulted in permitted use and non-conform- ing use clarificDtlon, as those terms relate to the property In ques- tion. Mr. Miceli cxplðlned that the Tipton Apðrtments became n non- conforming use whon the zoning ordinðnce ch3nged and the density on that land was reducod. Rospondlng to Commlsslon~r Kruse, Mr. Miceli explained that tho Tipton Apartmonts are units which ðre rented on ð weokly basis, and PIIg ~ 5 BOOK 067 PACt 184 ....- - -- -- --.. ..- -- --- -. -.. - - - - --- --- -- -- -- ._-- - _. ---- --- ---.- - - -.. · --- ~--------------~---______I - - -- .... .- - -- - - - - - 1 MOK 067 PACi185 January 19, 1992 j~nc~ by onc parson. COffi~i~~ion~r 8rc'~ ~~kcd ~r. Miceli how ~any unit~ hc io rcqu~sting, and Mr. Miceli Dtnt~d he would like to be compatible with at least the mlnium density allowed in the Block, on the Innd which surrounds his property. He furthor elaborated that there is a lagoon area, which is noar his property, and that ðdvertis- ing hns been published regarding the ~vailðbi11ty of a building with approximately 162 units, on approximately 1-1/2 acres. He noted thAt in the -GRC- deslgnðtion, thoro is no mnximum density on dwelling units and that proof of adequate parking for the proposed units Is one of the govorning factoro for construction. He elaborated on the portinent details which ðrc necessary for approved building pormlts to be issued for property designated "GRC·, and snid that he has raised theso points before. Ho concluded his answer to Commissioner Brown by stating th~t he did not want to build D hotel or motel. He rcferred to ð request which he did consider for -RTn designation, which would have given him the density he desired and n letter he had received from the V~~derbilt Belich ^ssoclation. He explzdned that the theorf ., have changed, over the five year pcriod of time, regarding construction in the area, and thðt he Is interested in ap~r~ment8, which seem to be more compatible with the current lônd use area. ~spondln<J to Commissioner Wenzel, Mr. Mlcel1 stated that he owns four (4) lots, Lot 1 and 2 arc vacant, Lot 3 currontly has a duplex, and that Lot 4 is vacant. 11~ explðlned thllt he' would like to place 10 apartments on Lots 1 ðnd 2, approximately 20 units pp.r acre. He ask~d if there WðS no zoning designation between the 0-6.22 units per gross acro and -jump- to the ~.2?-30 units per gross acre designation. He Pag e 6 ---------------------------------------- \ -.-J , '-"~-"""""AI - -- - - - - - - - - - - - - - - - - - - - - -- -- - - - - - -- - - - - -.- - - - . Jnnusry lq, 19R2 .xpl~inp.d he did not w~nt that high ~o unit number. Chairman Wim.r explained that the new deslqnðtlon would be ·RMr-~· (n-l~ units per gross acre). ~r. Miceli said that deDignation would be agreeable to him and still b. lower than the surrounding land us~ properties. ^ discussion ensued which covered tho use of the old snd new zoning clðssificðtions and current use of tho Comprehensive Land Use Plan, as it stands this dðte. Thn followIng reqlster&d speakors spoke in opposition to petition CP-81-25C: Mr. Corl F. Cilzow Mr. George F. Keller Mr. Walter S. Wilde Mr. C.M. Powell, Vanderbilt property owr.er, spoke in favor of the petition in ordcr to have some continuity botwccn the currant low snd high density land use in the land arca of Petition CP-81-25C. ^t this point in tho public hearing, the goneral consensus of tho Commissioners rcsulted in stnff being requp.sted to determine if building permits have been Issued anð constructt~~ hðs begun on ð condomlnum on the property adj~cent to tho south of Mr. Miceli's propert y. Commissioner PIstor movp.d, seconded by CommissIoner Wenzel and carried un.'lnlmously, to contInue tho public hoaring until the above requested informntion is available later In the meeting. **NOTE: The followInq BCC actIon was taken later in the meeting, due to the ncceGslty to obtain pertinent Information ro the petition under discussion.** Mr. Vlrta reported ,rc petition CP-Rl-25C, that there was a question about a development cðlled tho Bonrdwalk, which was advertised Pago 7 ~OOf: 067 PACi186 _ _____ __.. _____._..__t--.~ - __________-------- -----~----- ...--- -. - .- -. -- - - - - - - -- - - - -- - - - - - . - -- - -. - - -.. ..- - - .- - ...- -- - -' - -' - - . &OOK 061 PACt187 Jbnu~ry lQ, 19A' :~~ t:,o 1/17/R2 lS9UQ of the N<1plp!'I 1'."Il1y News. 110 coxplðlned thl't tho County hlu zoning probl('ms with that ctevelopmcnt':¡ lIdvcrtlsing ond that his departmAnt will be cont^cting thðt developer ro B^mc. He said that the BOðrdw^lk proj~ct h~s h^~ building permits issued ~nd construction i. underway. Commissioner Krus~ anid she would like clðrlfic^tion for tho bent'flt of tho public ~nò the Commlasioners. She asked If the County approves the Comprehensive Plnn chang~ is thc zoning designation for Mr. Miceli's propr.rty changed? She asked whcn Mr. Miceli returns to the Bee for his zoning chðnge, under the new Zoning Ordinance, can he ðpply for morc than l~ units por gross acro? Mr. Vlrtð responded that Mr. Miceli's prcacnt zon1ng dC91qnntion is wRMF-6-, he would have to apply for eithcr "RMF-12- or "RMF-16w. Commissioner Kruse rc-emphasizod that the Bee action taken todðy will not -touch- Mr. Micoli'M present zoning designation, to which Mr. Virt~ rc=po~1~d ðffirmatlvely. During the enRulnq discus~lion, Mr.. Virtl.'l t'xplð~' ..d that the Boðrdwðlk òevQlopmcnt was Issued a building permit to construct a motel whicl. W2lS ð permitted use In wCRCw. Commissioner Wenzel moved, s~conded by Commissioner Rruse and carried unanimously, that the public hearing be closed. Comm1ssionpr Brown moved, sr.conðed by Commissioner Kruse and c^rried 4/], with Commissioner Wenzel oppos~d, thðt Petition CP-81-2SC requesting ß Comprehensive Plnn LDnd Us~ Element Amendment from residcntiðl medium ~enBity to residêntlal medium-h1gh density bo pag_ A - - -- - - - - - - - - - - -- -..- - - - - -- --- - --- - - -- - - -- - --- ~,.>.."".>.,.~, .-... .~._..~ -- - - - - - - - -,- -- ---- - - - --- --- - - - - -- --- - - - - - -.. Januðry 19, 19R2 approved, ~nd that the ordInance 48 numbered and entitled bo:~w be adoptod ðnd entered into OrdInance Rook 1~1 ORDINANCE NO. R2-10 ~N ORDINANCE AMENDING OnDINM~CE 79-32, THE COMPREHENSIVE PLM~ FOR COLtIf.R COUNTY, FLORIbA BY AMENDINC THE LAND USE ELEMENT WORK STUDY ^R~A MAP .2 FROM R~SIDENTIAL MEDTUM DrNnITY (0-6.22 UNITS PER GROSS ACRE) TO RE~IDENTIAL MEDtUM-HIGH DENSITY (fi. 22-'30 UNJT~ Pf:n CROSS ~CRE) ON THE FOLl.OWINC DEf,CRIßED PROPERTY: A PORTION OF fiECTtON '3'-, TO\'IN~IIIP 4A SOUTH, RMIGE 25 EAST, MORE PARTICULARLY DESCRIBF.D flF.REIN, AND PROVIDING AN EFFECTIVE DATE ORDINANCE NO. 82-(" RE PETITION CP-~1-2~-C, A. UNDERWRITERS, INC. I REQUESTINC A LAND USE AMENDMENT FOR PROPERTY LOCATtD WEST OF THE INTERSECTION OF S. R. 29 /I.N) JILL TCATOn AL[.F.Y - ADOPTED Legal notice hDvlnq boen publiÐhed in tho Nnples Dally N~ws on Deccmber 18, 19ßI as cvidencðd by Affidavit of Publication fl1~d with tho Clerk, public hearing was opened to consider petition CP-"l-26-C, filed by A. Underwriters, Inc. rcquestinq n land use ~mendmont from agricultural to commercial for approximately 4.5 ðcr~s located approx- imately 3/4 of a mile west of the intersection of S.R. 29 and Alligator Alley, on the south side of ^lllgator Alley. On ð map on ðn ~vorheðd board, Planner Terry Clark Iocðtod the property to bo discussed and explained that he was using tho Cornpre- hcnnlvc Plan MðPI he notod tho Bcale which ~pplies to tho 4.5 acres on sðid mðp, ind1cnted that S.R. 29 runs north ðnd south, and thðt Alli- gator Alley (S.R. ~~) is the northern boundnry of said map. He Identified tho proximity of U.S. 41 to thft l)rCð undcr discussion. Mr. Clark explaincd thðt tho ;.~ ðcres of l,omd Dbuts the areb of environmental sensitivity to the wost and referred to thft £xecut ive Su~mðry d~ted 1/6/82, ðnd Baid thDt staff is requrstinq dønial of PlIqe 9 &OOK 067 PAtt 188 . - - - .. - __ __ ._. - __ - __. - . .. .... ,._. ,_., ___ _._ .__ ...__ ._ __. .-0 .. ._. ....._. __ ow_... . 0- _ _ _. .. .. - . ._ _~ __. .. _.- .. . ... ._,-----,~""_. .-- - - - - - - - - ---- -- ----..-- - - --- - - - - ...!---- ------. al)OK 067 PACi189 Janu~ry 19, 19A2 p~tltlon CP-Pl-26-C for ð numher of ro~con~ such ~~r 1. CUP. to the aizQ of the property, ~pprov~l of the pe~ition would promote strip commerciallzation in the land area. 2. Tom Pill~rd of the Florida POT stated th~t Alligator ~ll~y is now considered, ~nd will be considered In tho future, as a limit~d ncccsn road. The only ~ccr8g, for the property in this petition, would necesslt~te the inst^llatIon of a frontðge rond alonq the south side of that St~te road, extonded east to S.R. 29. Mr. Clark explaIned that on December 17, 19A1 the Collier County planning ^gency considered this petition, that tho petitioner presented a petition signed by travelers otðting that there wore US05 which were required in the aro~, and that numerous people ðppeared to speak In favor of the p~tition. He Gðid that the CCPA voted to recommend approval to the ace. Responding to Chairman Wimer, ~r. Clark stated th~t staff recommendatlon was for denial at that moetlng. Responding to a requeet for clðrification from Commlssioner Brown, Mr. Clark Gxplain~d that his telephone cðll was to the 5tûte DOT offic. In Ft. Lðuderdale, and that he spoke with Mr. Dillard. Commissioner Brown expresspd his concern that there mig~~ be additional r~a8ons which should be considered re the limited access designation of Alligator ^lley, as proviously mentioned by ~r. Clark. Mr. Clark said th~t hla understllnding, from his phone call to ~r. Dillðrd, Is that Alligðtor Alley is now considered a limlted highway, with approxlmat~ly 6 current accesses. -Commissioner ~rus~ asked if staff contact has boen mAde with Represcntatlvo H~wkins' office, or nny State of Florida official, to lnquire if negotlatlons ~rc still being held with the ~iccosukee Tribe for them to provido ð simillar service on hlligðtor Alley? Mr. Clark Page In --. - - - - - - - - - - - - - - - -- - - - - -- - - -- - - - - - - - - - - - - -- - - ---- - --- - - ---- - - -- - --- - - - -- - - - - - - - - - - --- JÐnunry 19, 1987. replied In the negðtive and etated it was hi. undorstanding th=t the Miccosukee Trlbe has first rights to n commercial ~evelopment in the area undor discussion. Commi~sloner Kruse stated tho following, ÐS a matter of record. That she hDd spokon with nep. Mary Ellen Hawkins who explained thðt th~ Stnte of Florida, at this point, Is negotlðtlng to pay for a commercial site with thp. Mlccosukee Tribe, for the purpose of a commercial development in the areð. Commisßloner Wonzel explained his recollection of the large amount of opposition, from a number of groups of people, after Alliqator Alley was opened, who were against having anything commercial on the four corners of S.R. 29 ðnd Alligator Alley (S.R. 84). Commissloner Brown concurred nnd said thðt he understands one opposing force was the Audubon Society and thðt ho understanda tneir opposition still holds. Commlssionur Brown said he was inclined to take the CCP^'B recommendation (or approval of Petition CP-Bl-26-C. Commissioner Kruse asked If the National Pðrk Sorvice hðs been consulted rc that organlultion',J mile marker 131 ",coposed rest area, to which Mr. Clark rcsponded thðt ho had not. H6 explained thðt he had contacted another pcrson in the StDte DOT's office and that the informðtlon he had roceived pertained to the State DOT's future plans tor development of ^n emergency telephone system. The point was made that mile marker '31 would be farther east of S.R. 29. Co~mis8io~or Xruse stðtcd for tho record thðt the Nðtlonol Pðrks' Sorvice Chicf also told her the following ~ddltionðl point, which she offered for the Commlssion~rs' considoratlonr His office docs hðve ·on their hooks· a plan for enlðrginq ðn P,uJe 11 &001< 067 PA~t1g0 _. - - - ---- - -- --- _.- --. -- - - - - - - --- .....- - - -- -- - -- ...- -' - - -- -- ..- -- - ~. --... ..-.-....... _._. -- - - - - - - - - --- - - - - - --- - - - - - - - - - - - - - - - - - - -- ~oc~ 067 PÅ~t 19f January 19, 1982 nrea ðround milo mðrkcr '11, becnuso that Is whor~ the rlorlda Tr~il comes in, thnt they will b~ providing pal~lnq facilitics; that thp. Natlon~l rnrktn ~crv1cc doeft not hðve the monHY to build a reat nron, ot thp. present tlm~' ftnd that they aro wlll1ng to commorclally lease it. Commissioner pistor reforred to the Ðgendn backup material re the statement thðt the Stato DOT has already authorized ~ p~rmit for a perimetor road to oxtend from the official entrance east to Florida Route 29 which fronts tho parcel on which a change to WIntorchange Commercial" 15 requested by thi~ petition and ðsked for clftrification about the perimoter road point. ~r. Clark explained that the perimeter rond would requiro croGsing someone elso's property and he was unaware of ðny negotiations regarding said road. Mr. Clark said he felt there was a misunderstnnding on the part of tho petitiol.er re sorne of the lIgond/) bDckup mntor!al. He Qxplðlned that tho Comprehensive plan does not designate this intersection as cornmorclalr that tho red dvt, noted In the 9/30/81 fact sheet, addressoS COLLIER COUNTY L^ND USE PLANNING, Paragraph 5, shows a future Intcrchë.nge, so dcsignated by the State DOT ðO a l~~c-frðme colored dot. Mrs. Carol Rulnnd, President of Aviation Underwriters, Inc.p petitioner, spoke with regard to the point thðt CommissIoner ~rU8e raised concerning the "'Iccosuk~e Indians. She explainod her under- standing that the Miccosukee Indians are in Broward County and that her property locðtion Is about forty (~O) miles farth~r wcst from them. . I She refcrred to ð letter from Govcrnor Graham indicating what Is I proposed for ^llig~tor Alley. She briefly govo the 'contcnts of the letter which she said contained the following points I Pag ~ 1 2 - - -- - - - - -- - .--- ------------------------------ -.---...-------- ----------------------------------------. Januory 19, 1982 1. That tho 007 plana to construct areas In Loe, Chðrlotto, and Sarasoto counties along 1-75, pending tho aVðll~billty of fund ß . 2. That the Governor congratulatAd her in having the foresight to use private enterprise to resolve a problem for the motorist on Alligator Alley. Mrs. Ruland explained her conce?ts for ð proposed basic motorist aid f3cillty ^nd rest øtop commercial areð which will be built with private funds. She elaborated on tho details and said that her intention is to have a fDcllity which would Include the follo\o:lngs 1. Provision for minor vehiclo repair, sðle of gasoline, standby tow-truck. 2. Public restrooms, picnic area, deli-typo snndwich shop wit, a native gift shop. 3. Small motel and somc form of bðSic omergency modlcðl aid facilIty. 4. Public telnphones. Mre. ~ul~nd 6~id that she woul~ set ~Rlde an area fnr the use of the Florida Highway p^trol, Collier County Sheriff's Dept, Dept. of Fish and Wildllfo, fir~flghtc SI DOT; Dlv. of þtnt~ Par~s and the U.S. Government or any other governmental entlty that would be neoded to respond to the public need. She stðted that Channel 9, C.B. radio would be monitorod Dnd hoped the various pollco d~partments would allow a rl'lrtio monitor or phonc lino tor cooperativo work with them. She omphasized that she waÐ offering tho Chambor of Commerce, for the sum of $1.00 a year, tin encloood locðtlon to handle Inquiries from the passing public which could serve as ðn information center for the Fahkahotchee ~tato Preserve and Big Cyprcss N~tionðl Preserve. She described the proposed building architecturc nnd mat~ri~ls and pag e 1 3 &001( 067 PA~t 192 ~. __ - __ .._ -.... __ - __.__0.... _... __ __~. _.. __.... - ..__~_._- _.. ___0-" _..._ - - -- -. -- -- - _0 - -"'...-..- --- · - - _.... - - -- - --- --- -.- - - - - - - - - - -...-- -- -- - -- --- -_. &OOK 067 PACt 193 .January 19, 1982 ~M~h~Aizcd thðt there would b~ no s~le of alcoholic beverages. 6he said th~t, though th~ DOT hð9 proposed that emergency phonna should be available on Alligator Alley, thero haB been no stipulation aD to who would respond. She nsked that her location be considp.red as the answer to tho the queBtlons and concerns of tho public need. Attorney Jorry Pollock, rcpreacntinq the petitioner, expounded upon ð series of ðrticlcs which wore c~rried in Broward County newspðpers regarding the nÐ~dn of trav~lers of Alliqðtor Alley. He explained that the articles auggested that the DOT provide some of the aforementioned services whlch his client's propoaed facil1ty would provide with private funds. He explðlned that tho Mlccosukeo Ind1ans are located approximately 1/4th of the way' from the eastern beginning point of Alligator Alley; thðt his cliont's location is approximately 1/4th tho way from thp starting point of the same road, to the west,' and thðt if both fðcilitics were operating, ~pproximately 1/2 of the rOl1d would be ,~over~d. He answered directly many of the points which were raiscd in the agcnda material that resulted {, stafts' recommcndation for denlðl, by citlng specific pages and number. to explain his contention that his cliont's goa18 would f~lfill some of the Comprehensivo Land Use Pl~n's objectives. Mr. Pollock stated that his client's 4.5 acre parcel is too small to be judged by urbðn standards. He offered his nrquments th~t tho type of aid to motorists, which his client proposes, would help con- tinue the traffic flow and would result in le88 wear on County roa~s. Mr. Pollock emphasized thðt his client is asking the Commission to chðngo the current desiqnntlon on all the property which she owns. He Page 1" - - - - - - - - - - - - - - - - - - - - - --- - - -- -- -- - ---- - --- ......_---_.~.._..« - - - - -- - - - - - -- - -.-- --- - - -.- -- -- - - - - -- ---- -- -- ~anuflry 19, 19~2 noted, with rolðtion to ingress nnd egr~ss, th~t his clie~~'B propo~.d alto would allow cars to enter and exit the Rite, at one point, with sufficient areð for parking and turning around. Mr. Pollock ro(orred to tho ngonda material ðn~ Bnld that his client is complying with Objective 7, Policy (b), 1.0. strip commercial land use ndjacent to arterials shall he ðiscouragod, because Mrs. Ruland's property is at tho proposed Interch~nge of 1-751 the size Is met bocauso the Policy stipulations roquire commercially designatod land size to be between 4 and 30 acres, and that Mrs. Ruland's petition includes nIl the land thðt ahe owns. Mr. .Jerry W. L=kert, from Post, Buckley, Schuh , ~ernigan, represcnting the petitioner, addressed the technical aspects of the objections of the st~ft. He also stðted, re access, that the Florida DOT has permitted a frontage road along Alligator Alloy for øpproxi- mately two (2) m1loõ wost of S.R. 29. He explained that the actual access to the proporty under discussion would be approximately one (1) mile west of S.R. 29, oh said road, about ~OO .cot south of the Inter- section. Mr. Eckert addrossed staft Items A. '3. in the 12/1/81 memo from the Planning Department to the CCP^, and Item B. '1 together, since those different items lend the~selves to a combined ~nswer. He stated thðt rc A. 13, environmental sonsitive areas, that th~ location of the land under petltlon Is within 500/~OO feet of ~ des1gn~t~ð environ- mentAl sensitive ðrea, not within said area. He explained that tho petitioner h~s roceived no word thet hor property is under considerð- tion to be included in the Fðhkahatchec State Preserve, and that his Page IS BOOK 067 PACt 194 - -- - -. --- ---.- _. --.- -. ----- -- - - --- -- --.. - -- - -... -. p.- p- -- -.--....--.....- - .._-- ~'·'_''''_'m._~,_.,~.___............,."·."",.,,.....>;~........, _ __ _ _. _. __ _ _ __ _ _ _ _. _ __ _ _ _ _ _ _._ _ _ _ __ _ _ _ _ 1- _ _ _ _ _ - - ~OOK 067 PACi195 Januðry 19, 1982 clir.nt hnn not ba~n ^hle to ohtain any verificðtlon ot 8c~h a proi~n~l. ~r. Eckert ~ddro~soð tho primary concorns which dnðl with tho wastewater disposal ðnd tho protection of potable water as those factors rolatc to the c)os~ proximity of the site to tho envlronmcn- tally Bcnsitlve aroa. He explained the proposed rationale of his client's pIon for those concerns by stating that thor~ ls an existing, permitted wlltor supply on the property, currently in use, and that the testing requirements aro being met. He elðborðtcd on the proposed interim basis soptic tanks system, for the early stðges of devolopment, which would ultimðtely reßult into nn on-site package plant thðt would bo inBt~llcd. He explained that investig~tions are underway for some method of sludgA disposal to eliminate any discharge onto hiG client's property or the ndjaccnt properties. He explained the mothods which would be used for bacterial checks on the wastewat@r and the potable water :::~ fcgu:Jrd::. Chðirmlln Wimer naked tor clnrification of the property locDtio~ re proximity to Interctll\nge of ~.R.?9. Planl\<. Clark explained the site is approximately 3/4 of ð milel is not ðn interchange with Alligator Alley but rðther 8 four corners. He said that Public Works Admlnl- strntor B~rksdðle explainp.d to hIm that the Comprehensive Plan does not deslgnðto this· four corners· DS an interchange. The ensuing ðiscussion covered the following polntsl 1. RCAponding to Mr. Norman, Mr. F.ckert sl'llð th.,t the perimeter road will be built by area 1I'lndown~r8. The pet1t10n~r has agreod to undert~ke a portion of said road and that definite signed agrcements have be~n mada r8 samo. 2. fo1r. C1.Irl Anton, Hollywood, Flor idð resident and OW08r of the The Alligator All~y Recreðtlonal Club property .,djðc~nt to Page 1 fi -- - - - - - - - - - - - - - - - -- - - - -- - -- - - -- - - ---- -- - --- ", , ---------------------------------------- January 19, 19~2 tho sito under discussion, read ð sDmplinq of hiR collection of comments from motoriots who hlwe used his facUlty, In ordor to suhslðntlðtð tho potltioner's contention that a motorist aid facility is needed for the Alligator ^lley h ighwð y. 3. The petition oltft Is near an airport. 4. Commissioner ~ruso asked staff to address hor concern of one of tho crucl~1 points, i.e., h~9 the DOT ostab)lshcd that private commerci~l enterprlso respond to the DOT telephones? Mr. Normnn st~te~ in similar situntlons th~t the State doas not provido wrecker service, the State refers calls to private entorprlse. 5. Commissioner Y.rusc Dsked who has tho right ~f first r~fusal? She rðised her concern, not to raise ~n emotional issue but to clDrify a situation before It 8CC docision is made, that if the Miccosuy.cc rndinns h~s sðld riqht to first ref uDal to rcspond to the prcviously mentioned POT tolephonos, that øhe felt those f:ctors are cruci~l. 6. Whon'Commlssloner Rrusp. ðsked if said letter addressed the qup.Btlon, ~rs. Ruland r~nd It in its entirety. No copy was givcn for inclusion In the minute records. Commissioner Kruso Ð~id that the letter dld not answer the questions of right of fIrst refusal of the nOT t~lcphones. R~spondlng to Commissioner Kruse, ~rs. Ruland ldentificd the MIccosukee Indinn plðce, under ncqoti~tlons wIth the State, would be at AIlIgðtor ^lley .52 mile mðrker, hcr location would be approximately at the '20 mile marker. Commiss~oner Wenzol mcved, secondeu by Commis.1 oncr Kruse and cðrried unanimously, that tho public hClIring be closed. Chðirmðn WImer noted thðt staff rccommp.nds deniðl1 th~t the CCP^ recommends ðpprova1 and he ðaked for ð motion from the 8CC. Commis- sioner Drown moved, seconded by Commlssioner Piotor and carried by ~ vote of 3/2, w1th Commissioners ~rU8e and Wenze) opp~sed, that the ordinanco, as numbðr~d ðnd entitl~d b~low, be aðopt~d and entcred into Ordinance Book 14: Pl'qe 17 BOOK 067 PAGi196 ..-. -- _. _ _ .~ _ . .- _. . -- .4.. 0__ -- _ _ _ _ _ _ .._ _. _ __ _ _ _ _ _ __ _ _. __ 0_ _ _ . ,-"..~-,----,~~,~."~,.~---~-......,--.,. .- -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- J~nu~ry 19, 1982 BOOK 067 PALt:197 ORDINANCE NO. 82-~ AN OnDIN^NCE ^M~NDING OROTNJ\NCE 79-3?, TH~ COMr~E"ENøIVE PL"N FOH cotLTF.R COUNTY, FLORIDA, BV AMENDTNG Tllr. I.AND USE F.tF.MENT WORK ~TUOY ^RF.^ MAP '7 FROM Ar.RTCULTUR^L TO COMMF.nCI^L ON THE FOLLOWING ~F.~CRlnED PROPERTY: ^ PORTION OF SECTION ~, TOWNSPTP 50 SOUTH, R^NGE 10 F.J\~T, MORE P1\RTTCUL^RLY DESCRnn:D !IF-REIN, AND PROVIDING AN EFFECTIVE D1\TE. *****RECF.5S: 10110 A.M. RECONVENEO: 10:'1 A.M.··--· ORDIN1\NCE NO. 82-7, RF. PETITION CP-81-2PC, DONALD T. FRJ\N~E RF.PRESF.NT- ING S^NDRA .J. HOGLf.VJ\NG: RECUF.STING 1\ L^ND USE AMENDMENT FOR PROPERTY LOCATED ALONG TilE EAST SIDE OF PINE STREET, NORTII OF DJ\Vn:: BLVD. - J\OOPTED L~g~l notice having been publiohed in the Naples Dally News on Deccmber 18, 1981, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition CP-81-28C, filed by Donðld T. Pranke representing S.!Indra .J. Moglf!vang. Petitioner Is requesting a land u~e amcndment from resldontlal medium donsity (0-6.22 units per acre) to commercial fer approxlmðtely 2.19 acres of land on propcrty located along the east side of Pine Street, ðpproxi- mAtely ~oo feet north of Davis Boulevard. Using an aerial photo mðp on an overhead board, Planno( Terry Clark identified tho property under discussion, and described tho surrounding land use deslqnations ass rcsidential medium density, with singlc family and some duplex development, across Pine Strcet to the wcst of the petition sit", to the north, an existing church, and to the south ðn existing church. He explained that the existing zoning on the petition property Is the new wRMF_~w. He explÐlnÐd that staff has rccommended denl~l of the petition for tho main reason that it would Page 18 ..- - - - - - - - - - - - - - ----.- --. -- - ---- --- - - - - - - - --- , 1 ------------------------------------------ J^nunry 19, 19n1. rromote the strip commerci~lization from Oavia Boulevard north alonq Plno Streot. "8 explained that approval could bn considered a spot land use amendment, since it is complotoly surrounded by rosidentlal medium density. Mr. Clark explðlned thðt Petltion CP-Al-1.8C has been hoard twice by the CCPAI on ~/25/81, wlth stðff recommendatlon of denial, that said petition was recommonded for denial by the CCPA. He reforred to the Executive Summary dnted 12/21/A], and r.xplðlned thnt the petitioner withdrew the petition ~nd submitted It again. On ]2/17/81, the CCPA heðrd the potltlon and recommendation was made for approval. Responding to Commissioner Wenzel, Mr. Clark clarifiod that staff considers that approval of a Comprehensive Plan Amendment for that small portion of land to ba changod to c~mmerciðl. would result In Gpot lðnd use of commercial in an Drea surrounded by existing residentinl medium designated property and two churches. Pcspondlng to Commissioner Wenzel, Mr. Clark said that with the present land use dosignðtion, th~ petitioner could ð~~~lop accorð!r, to the fi.22 per units per gross acre, in the "RMF-~W cðtegory, 1.0. mUltifamily. Commlsaloner Wenzel asked for clarification of his understanding that the Plnnnlng Board considers need (or an area before zonlnq change 1. recommended. Mr. Clark explainod that for the Comprehensive Pl~n Amendments, his department trioD to conRidor l~nd use, nnd that in thls p",rt1cular cn~e tho sito would be consl~er~d a rcmote piece of commercial property. surrounded by r~sidentiðl use. . ~tt~rney Donald T. Frðnke, representinq the petitioner, prrsentnd for the record ð copy of the trðnscript of the 12/17/81, CCPA hearing Pllqo 19 &COK 067 PACi198 ____ __ - _...__ ___ __ __ .__ __ - ____ - __ ___ - __ ___ - _------.--...-- - - ___ .-.0 .... - -.. _.-- --------- .--------... --.- --- -- --..---- ----- ---- M!)K 067 PALi199 Janu~ry 19, 19R2 entltl~d COLLr~R COUNTY PLANNING ^CrNCY cnLLr~R COUNTY, FLoRtn~. "0 briefly rcvl~wed th~ p~rtln~nt f~ctorD cont~in~~ in s3ið ðocu~~nt ~nd refcrred to colored displays to 111ustrðte tho slto and surrounding, exlntlnq lÐnd unc. ~r. Frðnke explainr.d that the proposod U80 Is for ~ modlcðl building to be used by Dr. ~ogelvang. Mr. Franke referred to staff objections on the b~sts that the area is reaiðent13l. He pointod out that the closo proximity to the exlstlng churches is considered re81dentlnl by atðff, but that those churches resulted 'rom provi8ion~1 use approval. fie explained thllt both ministers of the Christian Alliance Church and the Jehovah's W!tnessns Church urged approval of petltlon CP-81-2P-C at the l2/17/Al CCPA heAring. Mr. Franke briefly descrihed DE. ~ogelvang's out-patient practlce as consisting of approxlmðtely (,0 to 75 patients, and offered for consideration his contantion that tho traffic generated, by the use of a medical office, could be ðbout th~ 8ðme as the traffi~ which could result from multIfamily developmp.nt of the'S acre site under dis- cussion. He noted thßt one neighbor spoke In favor of the petition on 12/17/81 And that no persons 8pok~ against it. Commissioner Wenzel nsked for staff clarification of the consid- eration of exioting opcn space in the Drea which might result in a better land uso than cluster housing. He expresscd his opinion thðt the proposed building, ao shown on the display renderings, could have advantageous results for the area. Community Dev~lopment Director Vlrtð explðinod that, ðt this point in the procpss, his department is looking at tho ðppropriateneSB of land uses nnd that the question to be P"CJ 0 '0 -- - - - - - - - - - - - - -- - - - - - - - - - -- - - - - - - - - -- -- - --- -- - -- -- - - - - - - - -- - - - ---- ---- - -- - - - -- ---- - -_. January ]9, ]982 d~cIdcd Is whether or not thIs location Is ftpproprIate for commercial land us~. He explained that the iARue of zoning would be consIdered at a lðter time. Mrs. Sandrð Mog~lvang statod that the site in question ha. unusual concerns due to the close proximity of the churches and that she wants to buIld a residentIal building thÐt would be harmonious with the arca. 6ho explained that she livos In Eeet Naplco, is an environmontalist, likes to work with a nice surroundingl and that she intends to work to keep EDst Nðples a beautiful placo in which to live nnd work. Sh~ pointed out her contention that ð professional building In East Naples can be an ðss~t to the areð. Ms. Ann Mcf,wain, ð property owner on the west of ~r8. Moqelvang's property, spoke in fllvor of tho petition. Mr. Bruce C. Holley, Eð8t Naples resident, spe,ke in opposition of Petition CP-~1-28C. Commissioner Rrown moved, Beconded by Commissioner Plstor and carried unanimously, thct the puhl1c hOD:ing be :losed. Commissionor Brown moved, ~econded by Commissioner Pistor and carried unDnimously, that the ordInance, as numbcred end entitled below, be edopterl end entered into Or~inðncc Book 14. ORDINANCE NO. 82-7 AN ORDINANCE AMENDJNG OROINANCE 79-3', THE COMPREH~NSIVE PLAN POR COLLIER COUNTY, FLOnrD^,!:IY AMENDING THE U\ND USE ELEMF:NT WORK STUDY AREA MAP '4 FROM RE9JD~NTIAL ~EDIUM D~NSITY (O-~." UNITS PER GROSS "CRE) TO COMMERCIAL ON THE FOLLOWING DESCRIBED PROPERTY, ~ PORTION or LOT 2r., N^PLfS GROVE AND TRUCK CO.'S LITTLE P"RMf> NO. 2 SUBDIVISIONI ^ND PROVIDING ^N EFPECTIVE DATE Pðqe '1 60CK 067 rA~t200 - - - - - ... - - - - - "- ._. --. . - - - --- --.. - -... -- - -- - - - --, - .-- -.... -., . - . .- - -.. ..- -., - .-- ...... ..- -- -- . _. __ ______ _ ..,.-____ _ ____________.____41-- _________ ~COK 067 PACt 201 January \9, 19n2 Onn!N^NCE NO. n2-0, RE PtTITTON CP-Rl-'9C, OOR~TE WlITr.MANI REOUr.r,TTNG ^ L^Nn USE M'F.N[,~ENT FOR PROPERTY LOCATEI' ON S.R. flSl, !jOllTH OF n,.,TTr.ES~~M:r. ::~,~''''(,)CK f':(,\^O - ^OOPTr.n Lcqol notlc~ having been publishorl in the Naples r.ally News on Decombcr In, 1981 as evld~nced by ^ffldnvit of PublIcation filed with the Clerk, public hr^rinq was opened to con~iðer patition CP-81-29C, filed by Mr. Dorslo Whisman, requestlng ð lllnd use c"Ilnf~ndmont from agricultural to comm~rclal for approximately 40 acres of land on' property located along the east Bide of S.R. 951, c"Ipproximatoly l/4 of ð milo south of n~ttlesn.'lke Hammock ROðd. PIDnnûr Clark oxplained th~t potition CP-81-29C is a requost for a Comprehonsive Plðn Am~ndm~nt. for the aforementionûd property. He Indicated the location on n map and described the land use in the area. H~ said thðt tho petitioner Is requesting expansion of his existing lO-acre travel trailer park. Mr. Clark listed the following roasons why stßff recommends c"Ipprov~1 nf this ppttttonl 1. The existing land uscs would be compatible with expansion of the IO-acro travel trailer park to 40 ðcres. 2. Thero is an existing sewage treðtm~nt plant, on-site, which could h~ndle the proposed expansion. 1. Thcro would b~ no ndditional ingress or eqress onto S.R. 951. Due to the size of. the site, the trðffic flow circulntion could be handled. Chðirman Wimer naked if the Blto under discussion WðS onC8 named the John Sðwmill propcrty to which tho petitionor responded affirma- tlvely. Mr. Clark explained that on 12/l7/Al, tho CCPA unDnlmously recom- mended thðt this petition be Dpproved. Commlos10ncr ristor explðlnod that he travels by the sit. undor Pago 22 -- -- - - - - - ------------ - ------- ------------ ---------------------.-------------------- Jnnunry 19, 10R2 ð1scU8sion of ton ðnd i. awnre thnt theru Is an ~rfta of d~mpn~.. or the property which would b~com~ p~rt of the travel trailer park. Commi.- .ion~r Pistor asked th~ petitioner if ho planned to fill the lov area. Mr. Whismðn cxplained th^t he owns Kountry ~ðmP9rounds on S.R. 951. He rcferred to tho sgonda m~terial which oxpl~ins his proposed expansion. He rcsponded to Commisslon~r Pistor's concerns by stating he felt said expansion, which is to incorporate a 5 acre lake, will help tho problem of water lying on part of tho property nt times during the year. He notod th~t ho hopes to utillzo the lake to help with storage and drainnge concorns. Ho briefly mentioned thnt his customers consist of some pCl~ðnent and seasonal persons, as well ns those persons who only wnnt to USe his fncility for n few days to a week. CommlsslonLr Wonzel asked if tho earth which will be dug for lake ,=onstruction w111 be used to raiso the low nrell, to which Mr. Whisman responded ðffirmðtivcly. Mr. Whi~Ñ~n stnted he planned to use as mðny trees. liS possible during tho developmC'nt, but that he might hDve to remove more to accommodate the lake Dren. Hearing thl'lt th~re wero no. registered IJpeDkers, Commissioner Wonzel moved, seconded by Commissioner ristor lInd carried unanimously, that the public hearing be closed. Commissioner Pistor moved, seconded hy Commlssionor Brown and carried unanimously, that tho ordinnnce, ~s numb~red ^nd entitled below, be ~doptcd ðnd entered Into Ordln^ncc Book 1~1 Pl!Ige '3 &OCK 067 PACë202 -_. - __.___ - __ __.. __ ___ ___ - - .___ __ _...... __ _. - _..._ - .__ _.. __.. 0.- - ---- -- -- -- - - -- .--. \ ~ .. - - - - .....- - - - - _.- -. - .-.. -. - --. - - . -~ ------.-.- -.-. - .--.. - ....-.-. -..... - - .---~._- --_.~.... Jðnu~ry 19, lQA? MO( 067 PACt 203 ORDIN^NCE NO. 82-A AN OI1D::Jl\NCF. ^MF.m~WC ortD!NANCE 79-32, TIn; COMPRP.HF.NSIVf: rL~N FO~ COLL!F.R COUNTY, FLORIDA, BY AMENOING THE LAND USE ELEMENT wonK STUDY AREA MAP '4 FROM AGRICULTURl\L TO COMMERCIAL ON THE FOLLOWING DESCRIAED PROPERTY: A PORTION OF SECTION '3, TOWNSHIP ~o SOUTH, RANCor. ,~ BAST, MORE PARTICUL^RLY DESCRIBED HEREIN I AND PROVIDING AN EFFECTIVE DATE. PETITION CP-Rl-30-C, .J.C. C^RUTIIERS AND I.K. ~TEU^RT REPRF:SENTING APRA OF COLLIER COUNTY, INC., - CONTINUED TO 2/'3/A2 Planner Cl~rk explained that the petitioner has requested th~t the public hearing be continued to 2/23/8'. Commissioner Wenzel so moved, seconded by Commissioner Krune lInd carried unanimously. ST^FF DIRECTED TO DEVELOP A POLICY RE RE-ADVERTISING ITEMS, WHICH ARE CONTINUED OVER AN EXTENDED PERIOD OF TIME, FOR TilE BENEFIT OF PUBLIC AWARENESS - APPROVED I Chairman Wimcr askcd staff if there was any type of 8dvertlsem~nt publiRhed when an item, such ~s the previou~ subject, is contlnued for an extended period of time, to which Planner Clark rEsponded nega- tively, stating that lt is 1I cont'nuation of the public hearing. Commissioner Wimcr questioned whether any additional public notification is required for such an instance, to which Planner Terry Clark answered there was not. Responding to Chairman Wimer's question, Community uevelopment Director vlrta said that, if the BCC desires his departmcnt to devclop a policy for re-advortisement to koep the public lIpprised whcn a petition has been continued over an extended period of time, such a policy will be developed. He said he thought that such 8 policy It basically good. Commissioner PIstor moved, seconded by Commissioner Kruse and carrIed unanImously, that a policy be developed for re-advertisp.ment of those pctltions whlch ðrc continued over ~n rxtended period tlmn for the benefit of public awareness. Page 24 .. - - - -- -- -- -- - - - - - - - - - --- - ---- ------ - - -- --- ----------------------------------------- January 19, 19A2 PETITION CP-Al-3lC, MARCO ISLANO ENGINEERING REPRESENTING MARCO WOODS, INC. - CONTINUED AT STAFF REOUEST TO 3/2/82 Planner Terry Clark explainod that the petitioner and staff are requesting petition CP-81-3IC to be contlnuod until 3/2/R2. Commis- sioner Wenzel so moved, seconded by Commlssioner Piator and carried unðnimously. ORDINANCE NO. 82-9 CLARIFYING THE VOTING REQUIREMENTS FOR ADOPTING AMENDMENTS TO ORDINANCE NO. 79-32, TilE COMPREHENSIVE PL^N LAND USE: ELEMENT FOR COLLIER COUNTY - ADOPTED LegDl notice having been published in the Naples Daily News on December 30, 1981, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to considcr a proposed ordinance requiring no less than ð 4/5 vote çf approval by the Boar~ of County Commlssioners for adoption of amendments to the land use element of the Comprehensive Plan. Community Development Director Virtð explained that this h~aring has resulted from a request initiatcd by the BCC asking for a change to the ðmendmcnt process for the Comprehensive Pl~n, in which the SDme rec;l!Iirements of vot~ would apply to ð change in the Comprehensive Plan Lðnd Use Plan as in the Zoning Ordinance itself. He stated that the CCPA met on 12/17/81 and considered the aforementioned request with the following recammendatlons: 1. That no less than f.:>ur out of five votes of approval be required for amendments to the Land Use Element of the Comprehensive Plðn, or, 2. For amendments to the Lðnd Use Element of the Comprehensive PIDn, four votes of approval be required if fivc membcrs of the Bee are present and three voteR of approval he required if there are only four members of the BCC present. Page 25 aOCK 067 PACil04 ----- --..-- --~~-._- _. -. -- _.- _.- -- - ~ .-..- . -- -. -- -- - -- - --. -... _.-.. .-.-.-.. ~..-.- ---.------. ... . ~ .. -.- .... - - .-. _.- .-. ...... - -.. - -...- .-.. _.- -.-. - - - - - -- - - _.- - _. -- - - -- -- - -- .......- --.. - - -- -_.. BOOK C 5 7 PAG¿ 205 January 19, 1982 Mr. Virt~ ~xpl~in~~ that the f~;~t recommondation haù L~en the result of the direction of the BCC, ~nd he referred to County ^ttorncy Pickworth re leg~l problems which may result from implement~tion of the second recommendation. He explained that staff recommends approval of th~ CCPA recommendation '1. County Attorney Pickworth clarified the situatlon with req~rd to tho overall legality should th~ Bee decide to requiro 4 out of 5 votes, by stating that his depnrtment rosearched that question in another context recently. He said that he believed that the BCC could lawfully require ð 4/5 vote for an ðmen~ment to the Land Une Element of the Comprehensive Plan. He explained that the second CCPA option would present an inconsistent philosophy which would be difficult to understand. . Mr. Virta related that it was his understanding that the concern of the CCPA was to expedite the process of a pttition should ð Commis- sioner not be present at a BCC public hearin~. Chairman Wimer said thnt, with diligent scheduling, thero would not bp. a major problem in petition processing, addi~g that there has not been a major obstacle in the past in this regard. Responding to Commissioner Brown, Mr. Virta said that the proposed recommendation 11 would put the vote of 4/5 in the same pðttern as changes In zoning. Commissioner Kruse noted that during this morning's proceedings there have been reminders that the BCC was considering a Land Use change which seem cd to scparate land use and zoning from each other. Page 26 -- - - - - - - - - - - - - - -- - -- - -- - - - - - -- - - - - - - - - - -- I . ,', .~, ~ ,.....~'..o¡ , I - --11 - ----- -- -- ----.------ - - - - -- - -- - --- - -- ---- -- --. January 19, 1982 TO clarify, she said that the rezoning petitions contain mora ~pecific conalder6tlons for the BCC actlon. ~he waked that, In the ev~nt a 4/5 voto 18 adopted for both deslgnatlons, If the potltlons would not need to be handled at the s~me time to avoid confusion with regard to what would would be permitted under the Comprehensive Plan and what would be permitted under the specific Zoning Ordlnance? She compared the present voting pollcy to the Bee action on Ordinanco No. B2-~, adopt~d this date. The following persons spoke in favor of the aforementI~ncd 4/5 vote. Mr. Carl F. Gllzow, Chairman, Vanderbilt e~ach Property OWners Association. Mr. Walter S. Wilde, Director, Vand~rbilt Beach Property OWners Association. Mr. George Keller, Presidp.nt, the Collier County Civic Federation. Mr. Edward Kant, Naples resident, speaking as a professional enginecr, commented on the busIness of land-use c1evelopment. fie said t.hat there arp. some problcms which he envisions with the 4/5 vote recommendation, clarifying that one of the basic problems, which he has observed through past appearances before the BCC, is thðt there is no rccognition on the part of those governing, AS well 8S those governed, of the difference between planning and zoning. He asked that the public be educated as to the differences and problems related to the subjects of zoning and land use. He pointed out that none of the petitions during the morning's meeting addressed a zoning question. He explalnod that the Comprchensive Land Use Plan is a plan that is Pl'Igc n M~K 067 PAt&: 200 .,... .'·4' _. ........_._...._ - . .._.. . . .. . - - - _. .. _.. _.__ .. . - ... ~. _" . _. .~ - .. ... - - .__ - _... .. ... ..._ .. ... __. _. .. . ~_ .'0 . .-. - -- -. -- .-. .-. --. -- -. -- -- - - - - - --.... - rMK C67 PAc¿207 January 19, 1992 subject to chðng~, and Gubmittcd that such a pl~n m~y rnqu,re chanqeD to bp. made over the course of time, explDinlng that zoninq has been dcflned /)9 the police powcr of the State to act for the common good. He offercd his agreement to D ~/5 vote for a positive or negative zoning designation because the subject of zoning requires very ~areful scrutiny. He expresscd hia opinion that the change undcr conslderntion would be a mistake. Commissioner plstor moved, seconded by Commissioner Wenzel and carrled unanimously, that the public hearing be closed. Commissioner plstor moved, scconded by Commissioner Wenzel and carried 3/2, with Commissioners Kruse and Brown opposed, that the ordinance as numbered and entitled below be adopted. ORDIN^NCE NO. 82-9 NOTE: Ordinance w~s never presented to the office of Clerk of the Board and was reconsidered at BCC meeting of 1/26/82. CHAIRMAN AUTHORIZEn TO SIGN CONTRÞCT ^GREEMENT/LE^S~ WITH ARA SERVICES, INC. FG~ VSHICLE FLEeT MAINTEN^NCE - COUNTY r ~NAGER'S OFFICE TO SUBMIT TO FISCAL OFFICER ^ BUDGET ~MENDMENT - ^PPROVED Commissioner pistor stated that scveral weeks ago the BCC voted to accept a bid of the ARA Services, Inc. for vehlclc fleet maintenance and that the staff was advised to develop a contract. He stated that the contract seemed in order to him Dnd he moved that the BCC authorize the Chairman to sign the recommended contract for the ARA Services, Inc. for vehicle fleet maintenance contract. Hearing no second, Commissioner pistor withdrew his motion. Commissioner Wenzel expre:ssed his concern re the substantiðtlon of Page 28 - - - - - - - - - - - - - - - - - -- --- - -.- _. --- -- - - - -- - - --- , "'''.,, , ,..........._; ,..-.¡_....\Io.., l - -- - - - - -- - - - -.. - - - - -- - - - - --- ----.. - - - ---- - - -- _. January 19, 1982 the $IOO,OOO savings which has been expressed by ARA Services, Inc., and an ked for staff clarification as to tho accuracy of the flgurcs. Public Safety Administrator Neil Dorril1 elaborated on the background of AR^ Services, Inc. philosophy which covers the following points, aß containod in the proposed contract: 1. Th~ primary ~lement, which ARA Services, Inc. has agreed to offer in the contract under discussion, is the labor com- ponent savings. 2. ^RA Services, Inc. has less staffing levels than the County currently employs for vehicle fleet maintenance. 3. Because of the privllte nature of their business, AR^ Ser- vices, Irc. can offer financial incentives for the education of their mec:¡anic employC'!es. Mr. Corrill said he feels that AM .Services, Inc. intends to be ðblo to send the Individuals to school, to pay their employees more per hour, and will provi~e the County with management information data to enable the County to make preventative maintenance decisions. Commissioner Kruse observed that the contract is being recommended on the basis of the savings, and asked Mr. Dorrill if he, or other staff members, are sure of such savings so that a budget amendmont could be prepared and the savings be placed into a contingency fund? Mr. Dorrill responded that he believes those factors are a part of the contract. He said that, as a result of recent BCC action, there is a procedure to design~te money that can be placed into contingencies. Commissioner Kruse ~sked if those monies are to be placed into the contingency portion at the time the contract under discussion is signed or after the County walts to see if the monies are met? Mr. Dorrill said that at the end of the 30-day trDnsition period staff would be willing to pl~ce that money within ð contingency fund. Commissioner Kruse asked if there currently ðre any outstanding Pllg e 29 ðC~( 067 p~r.t208 .-. ...~'..--- ...-.._---.----.. - --~..__. .._-..._-~-----_.-.._.. -....-......-----....---....----.....---......---- . · -- .-. ..... -- ._-- - -- _..- -.... -- -.. -- ---- - - --- ---....--- - _0 _ _ _ _ _ _. _ _ -.. - -- ~OOK 061 PA~t Z09 Jðnuary 19, 19A2 ~llvc~tig.:ltlons or di:;cu5::;ions, betwcon tha ARl\ ~erViCQB, Inc. and tho Securltles .:Ind F.xchangQ Commi~~ion concerning the operation of the firm? Mr. Rogcr M. "lIrrison, Director of Markotlng, ARA services, Inc., explained that, from his knowledge of his firm, a 3 billion dollar corporation, that the firm has ð number of outstanding legal issues that are under investigation. During the ensuing discussion, Commissioner Kruse asked if the firm h~s any current investigatlons in process by the Federal Trade Commission? Mr. Harrison said he could only answer that qucstion by telephoning his firm's offices in Philadelphia, ðnd that he did not personally know of any. He said that did not mean that there are no investigations. Commissioner Kruse asked if the Department of .Justice han any current investigations regarding tho ARA Services, Inc.? Mr. Harrison said such investigations are not uncommon, and that he did not know of any, but that his answcr does not mean that there are no such investi- gations. He re-emphasized that with 8 3 billion d,)llðr cûrporatlon, which his firm is, that it is not uncommon to be investlagted. Commissioner Kruse ðsked Mr. Pickworth if the Bee is legally committed, as ~ Board, to sign the contrðct with ARA Services, Inc.? Mr. Pickworth asked if the matter of formally signing the contract has been put forward by motion prior to this date? Mr. Norrill and Mr. Norman said it has not. Mr. Dorrlll clarified that the ace had awarded and accepted a bid and that because said contract is a service agreement that the contract 18 contingent upon aWlIrdlng the contract under discussion. Page 30 -- - - - - - - - - - - - - - -- -- - -- - - - - - - - - - - - - - - --- -- ·--- -- ---- - - - - --- - ------ --- - ---- -- -- -- - - _. January 19, 19R2 Mr. Norman interjected that, beforc the discussion procecós, he should report that thcre hDvc been some changcs to the contract during the past week. He said that County Attorney Pickworth had indicated that some legal issues needed clarification. Mr. Norman stated thoso issues have been resolved and that, to the best of his knowledgo, there is only one issue that is substantIve to the contract changes; i.e. there is a provision in the contract that, if the County requests and acknowledges it is needed, ARA Services, Inc. will buy capital equlpment and chargc the County for the retirement of the debt service on ð monthly basis as part of the County's annual payments. Mr. Norman said that the Bee would have to approve such pë'ymentl however, this vcrbagc would providc the County with an opportunity to finance capital equipment over a 5 year period, rather than a lump sum. Mr. Norman said such' arrangemcnt would me~n that the County would receive title to the equipment when it is dcpreciated. Mr. Norman stated that the contract now provides that there would be a l-l/4\ interest payment on the unpaid ~ðlan~e for the aforo- mentioncd debt that would be incurred. M'~. Norman said he believed this amount of money is consistent with currcnt interest rates and that he recommended such change to the RCC. He explained this is the only cost change involved in the past weeks' negotiations. Commissioner Brown requested Deputy Clerk Skinner to repeat the three aforementioned organizations which Commissioner Kruse had questioncd Mr. Hðrrlson about with Mrs. Skinner rcsponding that they were the Securities and Exchange Commission, the Federal Ttade Commission, and the .Justice DepDrtment. Commissioner Brown expressed Pðg e 31 aDOK C67 fA~ 210 . . ..... . - . --,- . - . -.... ....... ---. - .., -.-. - - --~ - . _... . - _.- --... -- _._. -- -- ,- -...- -- - - - -- -. -- -- -..- .-- -- ...-- ._- .... -.-. MOK C ß 7 PACt 211' Janu~ry 19, 19A2 nis concern ð~d saId that ho would ~S3umc thðt the County busln~~s m~nÐgers would have the ùnswcrs to Commi~sionec Kruse's questions. County ^ttornoy pickworth advised the BCC that, with all due respect to Commissioner Kruse, thore is ð scrious question of the the rel~vancy of the lino of questioning which was proceeding and elabor^ted on his opinion to substantlðte his ðdvice. Commissioner Brown questioned Mr. pickworth's reasons and expressed his concern for tho citizcns of Collier County. Commissioner pistor noted his agreement with Mr. pickworth. Commissioner Kruse explained that she fclt anyone entering into a contract does have the right to consider the overðll business which is being considered, together with items which are not measurablcl how- ever, she slIid she would pref~r to wait a week or so until the ðnswers to her questions could be determined Ðnd until the staff could address her concerns with the firm under discussion. During the ensuing discus5ion, the following points were m~des 1. Large corporlltions hðVI investigations :ndcrway as a matter of prllcticc. If thc Oepartmcnt of Justice has an Investiga- tion currcntly in process rc the nforementloned firm, comments from s¡·id Department should be enlisted. 2. Mr. Harrison elaborated upon the variety of business which his firm undertakes ~nd the policies by which his company operates. Hc dcscrlbed a recent investig~tion which has recp.ntly been undertaken with the rcsult that AR^ Services, Inc. has been awarded ð federal contract In Colorado. 3. ~r. Norman stated that the contract before the ~CC calls for l\RA Services, Inc. to begin op(!ration on 2/1/82, with the 30-dllY trðnsition to begin at that polnt. 4. For the record, Commissioner Wenzel asked if ARA Service~, Inc. would give Collip.r County 2~-hour scrvice according to the contrnct, and Mr. Normðn responded affirmatively. Page n - - - - - - - - - -. - - - - - - - - - - - ---- - -- -- - - - -- - - - - - - - -- - - - - - - - - - - - - - - - - - -.- - - - - - - - -- - - -- - - - - - - - -- Jðnu~ry 19, 1982 5. Mr. Norman replied to a question from an unidentified person by stnting that the contract is basically a labor contract, 1.e. ARA Services, Inc. would provide the labor and managcment to operate Colller County facilities, and thðt the contract contains ð guideline that adjustments, annually, will be approached, primarily from the basis of the w~ge adjustments that are made for the Collier County employees. Commissioner pistor moved, seconded by Commissloner Wenzel, that the Chalrman be authorized to sign the contract with ARA Services, Inc. for fleet maintennnce, which contains two documentSt the Agreement for Mðintenanco Services and the Leaso of facilities. Mr. Norman asked that the aforementioned two documents be included in the motionl and a budget ~mendment to place the cost snvings ~n Contingency Reserve Accounts approved. Commissioners Pistor and Wenzel agreed to the ðmended motion which carried 3/2, with Cvmmlssloners Brown and Kruse oppo sed. Note: Do documents ~cceived in the Clerk of the Board office as of 2/3/82. PETITION TR-8l-33C, CURTIS L. OGDEN: REOUf.STINr. A TEMPORARY RESIDENCE PERMIT ON 5^N M^RCOS BLVD. - APPROVED WITH STIPUL^TION Community Development Director Virta explLined that petition TR- 81-33-C, filed by Curtis L. Ogrlen is a request for a 6-month temporary residence permit in order to place a travel trailer on the £-1/2 of the NE-l/4 of the NE-l/4 of the NW-l/4 of the NE-l/4 of Sec. 31, T49S, R25E, while work is being performcd on a principle rcsidence on San Marcos Blvd., 1 mile North of Radio Road. Mr. VirtD referred to the Executive SummJry dated 12/21/81 and stated that Mr. Ogden previously had a non-conforming mobile home on site which wan destroyed by firo on 7/5/01. He said that the peti- tloner has applied to the Building Department to construct a residence rago 33 MO~ 067 PACt 212 . ..... .. - _. .. . - .. .... - ... - -. .. .. .. - _. -, - . -. . .... ..... .. ... . .... -. · -.. ~- ...-. - -- - - - - -.... - -- - - - - - - - - - - - .- - - --- -- - - -... - - - . -... _.- -~.- - -- - . aoOK G 6 7 PACt 213 JDnuary 19, 19~? Dnd th~t st~ff rccom~cnd~ ðpprovðl of the requc~t, subject ~o the petitioner recoiving 9~ld building permit for the prlnciple residence. Commlss10ner Kruse moved, seconded by Commissinner pistor and carried unanimously, that the aforementioned temporary r~sidence permit, as described in Petition TR-8\-33C, filed by Curtis L. Ogden, be approved, subject to receivlng ð building permlt. .....Commissionar Kruse left the room at 11:21 ~.M.*·** ADDITION OF POSITIONS OF HOUSING PROGRAMS SUPERVISOR AND SECTION 8 COORDINATOR AND DELETION OF POSITION OF CDBG HOUSING SPECIALIST/- INSPECTOR FROM THE CLASSIFICATION SCHEDULE (COMMUNITY DEVELOPMENT DIV.) _ APPROVED. PERSONNEL DEPT. TO IMPLEMENT THESE CHANGES TO BECOME EFFECTIVE JM~EDIATF.LY - Community Block Grant Coordinator Sondra Yates Crew explained her request for authorization for two full time housing staff positions and the deletion of one full-time housing position within the Community Development Division. She explained that the DivIsion proposes to add one position, titled Section B Coordinator, to carry out the day to day operation of the Section 8 Moderate Rehabilitßtion program, which waS lIpprovcd by the Bee several months ago. Mrs. Crew explaincd that the second requested position is a full-time position, titled Housing Program Supervisor. She explained that this person would be responsible for supervising both the CDBD Coordinator and the Section 8 Program Coordinator. Mrs. Crcw stated that, if the above two positions are approved, the Community Development Division feels that the current position of Housing Rehab Speciali~t/Inspector would no longcr be nccessary and asked that the position be deleted. Responding to Commissioner Brown, Page 34 - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - --- ----------------------------------------- Januðry 19, 19R2 Mrs. Crew stated that the aforementioned proposals would not cost t.he County any additional money. Commissioner Brown moved, aeconded by Commissioner pistor, that tho two positions of Houslng programn Supervisor and Section B Coor- dinator, be approved, that the deletion of the position of CCBG Houslng Spp.clalist/Inspector from the Classification Schedule (Community Oevelopment Civ.) be approved and, that tho Personnel Departmcnt implement theno changes to become effective lmmedlately. .***Commissloncr Wenzel absent from room 11:25 A.M. to 11:30 A.M.··*· Mr. Norman sðid th~t staff would bring the personnol details before the BCC rc follow-up, job descriptions and pay grades at the n':!xt Bee meeting. Upon call for the question, the motion carried 4/0, with Commis- s10nèr Kruse absent. RESOLUTION 02-12 AU~HORIZING RTAFF TO FILE AN APPLICATION FOR A GRANT UNCf.R THE FLonIDA CO~MUNITY SERVICES TRUST FUND - ADOPTED. CHAIRMAN AU~HORIZEC Tv EXECUTE DOCU~ENTS. Community Block Grant Coordinator Sondra Yates Crew presented a request for authorization to apply for a Weatherization Grllnt from the Florida Community Services Trust Fund. She explained that the grant con51sts of lIpproximately $36,000 of which the State of Florida will provide $18,OOO. She said that Collier County would be expected to provide ð cash match of $9,000 plus ð "soft or In-house services matchW of $9,000. pag 0 35 &OCK 057 PACt 214 --... ... ... -..' . .-... -.-.. . . .. - - ... . - ..- - .. ,... . ... .- .. ~. ... . . _.. .-... -..... ..... . --. .-... - ... ... . .. .. . -- .-- _.- - -"- -- -- --..- .~.- -- _.-- - --- - - - -.. -.- _.. .-- .. ..- ---. . -- -- - -- - - -.. -- - -- -- -- BOOK Cß? PAGE 21.5 January 19, 19A'- Mra. Crow st~tcd that tho funds would b~ u~ed for weath£:1zatlon repairs to the homes of low-Income people throuqhout the County, i.e. East Naples, Golden Gate, Immokalee, etc. She said t.h~t the Community Block GrÐnt Program would be staffing this particular grant fund and th~t the CDD has developed a list of 100 persons throughout the County who have applled for such services. It is a limited type of repair, she continued, not to exceed $1,000 per house, primarily for the rcplacement of windows, doors and the like, and is exclusively for low-income people who own their own homes. She said that this Program, and ~he availability of funds, has resulted from long endeavors to obtaln such a Program from the State of Florida. Mrs. Crew stressed that this fundlng is virtually ðssured to continue in Collier County without further request for ðny particular funding. She explDlned that, if approval Is granted to apply for sald grant ðnd If the $9,000 cßsh match monies are given, next year Collier County will be assured of "being on the list", and will not be requested to provide additional ca:3h m~tch. Sh, clarified thðt the monies would be a grant from next year on. Mrs. Crew requested that the Bee adopt the resolution incluñed in the Executlve Summðry dated 1/8/~2 to allow the Community Dcvelopmcnt Division to apply for the Weatherization Grant. Commissioner Wenzel asked if this Grant would be guaranteed for cltlzens only, to which ~rs. Crow responded affirmatively. Responding to Commissioner Wenzel, Mrs. Crew explained that the funding qutde- lines, which come from !IUD, aro very specific about requirements re homeowner eligibility, .'Ind that those guidelines 8ro used by hcr pago 36 ._- - - - - -... - - - - - - - - -- -- - - - - - - - --- - - - - ---- ---- . '... _ '._~4 ., .4,,,,...'''400......., - ---. --- - - - - -- - - - - - - - -_-.:....... - --""--'------- Janu~ry 19, 1982 aepartment. She oxplained that those Rpecifics, as well as th~ cIti- zenship factor, are usually not reflectc~ in the applications for a grant. Responding to Commissioner Pistor, Mrs. Crow stated that this proposal represents an introductIon of the aforementioned Program to the State of Florida, because the ~tate has a fund that has been In existence for 5 years. She explained that said fund has been expanded and has been re-funded through J984 for the State. She explalnod that her department has been promisod by the State that, if Collier County can demonstrate thðt the County can operate the Program on a limited level, the funding will be total in the future. Commissioner Brown moved, seconded by Commissioner pistor and cðrried 4/0, with Commissioner Kruse absent, that Resolution 82-12 authorizing staff to file an application for a grant under the Florida Community Services Trust Fund be adopted and that the Chairman be authorized to execute all nec~ssary documents. Also, if application is successful, the Fiscal Officer is to prepare and lèturn the necessary Budget Amendment to provide for: 1. the $18,000 for the Weatherization Grant; 2. the $9,000 cash match, ðnd 3. the $9,000 in-kind service match. Page 37 aoOK 067 'PAc¡;216 .... ~ .-."..- '~--_.'--'" ... -_.-_..~--"----''''---'_.'- ..... .- -- ...-.-.---..---------- .<_............_--""- --- - -- - -- - - - -- - - --- - - -- - -- -- --- -.. - - - - -- - - -- - ..- January 19, 1982 ~INAL ACr.EPTANCE OF THE PINE WOODS SUBDIVISION AND RELEASE OF THE 10' MAINTEN^NCF. SECURITY (IRREVOr.ADLE LETTER OF CREOrT NO. 01-] FROM THE CITIZENS N^TIONAL BANK IN THE AMOUNT OF ~5fi,O'~.O~) - APPROVED Public Works Administrator Barksdale roquestod that the Bee grant Final Acceptance of Pine Woods Subdivision. He referred to the Executive Summary dated 1/4/A2 which states that Preliminary Acceptance of same was granted on February 3, 1981. He said that the Developer of Pine Woods hðs maintained tho facilities for a perio~ of one year and 8ðme are in compliance with the County regulations. He explained that tho project has been reinsp~cted Ðnd that staff recomm~nds that the BCC grant Final Acceptance and release the 10\ maintenance security (Irrevocable Letter of Credit No. 8l-1 from the Citizens National Bank in the amount of $56,021).06). Commissioner Brown moved, seconded by Commissioner Wen~el and carried 4/0, with Commissioner Kruse absent, th~t Final Acceptance of the Pine Woods Subdivision be granted and that the Bee release the 10\ maintenance security (Irrevocable Letter of Credit ~o. 81-1 from the Citizens National Bank in the amount of $56,026.06). EXCAVATION PERMIT NO. 59.134, F.STATE OF DARRON COLLIER, .JR. ON APPROX. 30 ACRES 5E OF IMMOKALEE - APPROVED WITH STIPULATIONS. Public Works Administrator Barksdale explained Rtaff recommenda- tion for the BCC to issue Excavation Permit No. 59.134 as filed by the Estate of Barron Collier, Jr. for 30 acres located in the NE 1/4 Sec. 14, T47S, R29E, which is apprúxfmately 5 or 6 miles southeast of Immokðlce, across highway S.R. 29 from the Farm Worker3 Village. Be explðined thðt A large portion of the excDvated materiAl is to be uscd Page 38 BOO~ 067 PACt 218 -- - - - - - - - -.- - - - - - - - -- - - - - --- - - - - - - -- - - - - -.... · ..------------------------------------------ BOOK 067 PACt 219 January 19, 1982 for fill for th~ ~xp~~~ion of sðld Vl!l~gc. Mr. Barksdale referred to tho Executivo f,ummnry dated 1/8/82, explained that staff finds that the excavation app1ication is in accordance with Ordinance AO-2~, ðnd that the W~ter ~anagemcnt Advisory Boðrd has recommended approval with the following stipulations: 1. No blßsting is approved as a part of thls permit. 2. ^ny discharge from th~ slto shall be as approved by the South Floridð Water ManõgeMent District. 3. ^ll provisions of Excavation Ordinance No. 80-26 shall be adhered to including the submittal of the excavation fee In the amount of $2,000, and the submittal of a $50,000 performance bond. Responding to Commissioner Wenzel, Mr. Barksdale explained that the Immokalee Area Planning Commission has never approved excavation permits. Commissioner Pistor requested clarification of the location of the excavation pit and expressed his concern that some ditches are currently being dug close to the road on the Wùy into Immokalee. Mr. Bðrksdðle explained that the pit undp.r discussion is located almost in the middle of Section 14. Mr. Rnss Longmire, re'resenting the estate of Barron Collier, Jr., explained that the proposed pit is located to the west of S.R. 29, almost directly south of Farm Workers Village. A discussIon ensued at the front of the dais with the use of a map between Mr. Longmire and the Commissioners. *****Commissioner Kruse returned to the room at 11:30 A.M.*·*** Commissioner Brown moved that the BCC grant .'Ipproval of Excavation Permit No. 59.134. The motion died for lack of a second. During the ensuing discussion the following points were mader 1. Some concern WðS expressed by Commissioner pistor because of Page 39 ~..~ _.. _.__. _. __ _ _.___ _._ r_. .... ... ____.._._ __ __. _ ...0-_....____._ - - - ----- - - ------ ---------------------------------------- January 19, 19r.2 the complaints he had roceived re a pit in the Jmmokalee Road area, he requested a report from the tApC. 2. Mr. Longmire explained that the WMAB was complimentary re the proposed design of thc excðvðtion. 3. Mr. Barksdale clarlfled the difference between tho pit to whlch Commissioner pistor referred and the pit under discus- sion. Discussion referred to dctails re a pit which was allowed to operatc in the Immokalee area. Commisaioner Brown moved, seconded by Commissioncr pistor and carried 4/1, with Commissioner Wenzcl opposed, that Excavation Permit No. 59.134 filed by the Estate of Barron Collier, .Jr. be approved with the aforcmentioned throe (3) stipulations rccommpnded by the WMAB. NOTE: See comments made in next item rc excavations. AMENDMENT NO. ONE TO A REPL7\T OF A PORTION OF MARCO BEACII UNIT 25 SUDDIVISION AGREEMENT FOR EXTEtlSION OF PREVIOUSLY APPROVED COMPLETION OF TrlE SUBDIVISION IMPROVEMENTS FROM l/~~/G~ TO l/lfi/85 - APPROVED. Public Works Administrator Barksdale explained staff rccommcnda- tion to ðpprove Amendmcnt No. One to ~ rcplr' of a portion of Marco Beach Unit 25 Subdivision Agre~ment. He read from the Executlve Summary dated 1/8/82 and explained that the 8ce and Deltona Corpora- tion, the Developer of Unit 25 ~eplat, entered into ðn Agreement for the Construction and Maintenance of Subdivision Improvcments and an Escrow ^greement on 1/7/80 for the approval and recording of the Replat of a portion of Parco Beach Unit 25 Subdivision. Mr. Barksdalc said that Daltona corporation Is requesting an extension of the period for the completion of the subdivision improvrmcnts from l/lh/ß\ to 1/1~/P5, due to delays In obtaining approv~ls for the sale of Unit 15 propcrty and certain considerations with respect to the schcduling of subdi- PI"!IJ- ..0 MO~ 067 PALr: 220 - -- -- _.- -- --.- - - -- -- - - - -- --- - - - - - - - - - - -~ -- - - -- - - - .- --.- -- ....- ___________________---------------------J MDK G {) 7 PACt 221 January 19, 1982 ~isicn improv~ments. Mr. Barksdale explainr.d that staff has reviowed the attðched Amondment along with tho updated modifications of the cost to complete the subdivision improvements and recommends approval, as does the County Attorney who has reviewed this Agreement. Commissioner Wenzel moved, seconded by Commissioner Rruse, that the Bee approve Amendment No. One to ^greement for Construction and MlIintenanco of Subdivision Improvements and the Improvement Escrow ^greement to a replat of a portion of Marco Beach Unit 25 Subdivision, from 1/16/83 to 1/16/85. During the ensuing discussion, Commissioner pistor asked If the developcr wculd Wput off" for four years the lake which is scheduled for the aroa under discussion. He referred to an electric substation that is to be installed and noted that a 29 acre park has been promlsed, which the Deltonð Corporation will deed to Collier County. He asked for clariflclItion, to which Mr. Barksdale explained that he did not ~now the exact scheduling of the improvements I however, ho understands the lake would be one of the first items installed since the lake Is the key to the drainage for the entiro subdivision under discussion. He said that the developer would also use the fill for the area. Upon call for the question, the motion carried unanimously. Chairman Wimer asked for clarification re the previous item concerning an excavation permit. He asked if an excavation permit still requireg Q provisional use, and Mr. Barksdale responded that In the Immokalee area, prior to the new Zonlng Ordlnance, he understands a provisional use is not required. The point was made by Chairman wimer Page 41 .. _.. _. _._ ~._ .._ _ ____..__ ___ __4 _.-. ...._ __ -... - --- - -..- -----..- - -. ---- - - -- - - -- - ------ - -- - ._- - -- - -- - - - -- ---- - - - ---- - ------- - --- - -- - - _. January 19, 19A2 tnat under the new Zoning Ordinance an excavation permit application is to bo returned to the Ace for action which would require a provisional use. Mr. Virta concurred. Responding to Commissioner Brown, Mr. Vlrta 8ald that in the future the petitioner would apply for said permit and go through the Immokalee Arca pIDnning Commission, with a rccommenda- tlon for provisional use, whlch would rcqulre ð 1/2 vote of the RCC for approval. Chairmðn Wimer cl~rified that the IAPC does not review Individual excavation permits, however, the CAPe and I^PC do revlew the appro- priate area lðnd use under which the provlsional use wou~d apply< Chairman Wimer requested, If thore is any way possible to simplify the situation, that staff in the future "trar:'k" the individual excavation pcrmits and provisional uses at the same time, to eliminate confusion. **NOTE: At this point in the meeting, Chairman Wimcr returned the Commissioncrs' ðltention to the first public he~rin~, consideration of petition CP-81-25C, filed by Michael .J. Miceli*· PlIge 42 &Oo~ 067 PACi222 . .._ ~_~ __ _.. - - __ - - _.. _... _.... ._ __ ~_ - - __ __ - - _a._ _ __ _ ".~_.ø'·____" - - - - - - - - - -- - -- - - -.-- - - - - -- - - - - - - - - - - -- --- January 19, 1982 COLLIER t-IORTH BR;"NCH LIBR^RY CH^NGE ORDER '3, TO REDUCE THE COST BY $400.00 - M')PROVED Public Services ^dministrator Donald Norton explð ined that Change Order 13 is to gain BCC approval that reflects a reduction of the totðl cost of the Collier North Branch Library in the amount of $400.00. He said that said reduction in the total cost is the r~sult of the unplanned donation of the fire pump suction fitting by Coral Ridge-Collier properties. He said that staff recommends BCC approval and requests the authorization for the Chairman to sign the Change Order. Commission~r Brown moved, seconded by Commissioner pistor and carried unanimously, that the Bee approve Changc Order '3 to contractor Frank Schclah & Sons to reduce the 'cost of the Collier North Brahch Library by $400.00, thereby changing prior contract sum from $2IS,702.00 to $215,302.00, and that the Chalrman be authorized to s1gn the documcnt. Pl'lge 113 BOOK 067 PACE226 0______ ______._____.__._ ~-.-..~. .---'--. -.--....-....-..----.-.. -. .. ....,-_....-......_._._-_._-_...~-.---_._- .~,"'....~,,,.,,_.._~ .-,,~,- - -- - -... - - - - - - -- - ---.. - - - -.. - - - --- --- - - - - -- - ---- .Janunry 19, 19A2 r)r.SO~l:TION 82-11 URGING FULL ST^TE FUNDING FOR TilE PUBLIC DEFENDER - ADOPTED ."'- County Manager Norm~n p.xplaincd that staff roceivod a publication from the Public Defender that expressed conccrn over the fact that there ~ðS action in the committees of the Stato Legislature to cut back on budgets for most of the offices funded by the ~tatc which concern Ccllier County. He explained that such cutback impact could rcsult in the necessity for Collier County to absorb ~hatcver reduction occurs, as well as any future increase for the Public Defender Dop~rtment, that would be requircd to continue functioning that department in the future, by virtue of court rulings. Mr. Norma~ expl~ined th~t the present Public Defender court rulings require that every indigent person whv qualifies is entitled to be defended. lie said that if the Public Defender cannot provide such defense, it becomes the responsibility of Collier County ~nd that private attorneys may have to be obt~ined for this function. He said that the current rate of private attorneys is ðpproxi~ltely Sso.no to $75.00 per hour. Commissioner Kruse movcd, seconded by Commissioner Bro~n and carried unanimously, that Resolution 82-11 urging full State funding for the Public Defender to avoid added Collier County cost of up to $500,000 per year, be adoptcd. PIH.JEI 44 BOOK 067 PACt228 -- - - -- - - -.. - - - - - - - - - - - - - - -- - - - - - - - - - -.. - - - - -- . --~-~-".",...~.._.-._- - - - - - - - - -- - - - - -.. - - - - - - -- - - -.. - - - - - - - - - - - - -- - ßOO~ 067 PAGE 231 January 19, 1982 D^T^ PROCESSjNC, DISCUSSION REOUEs'rED Di' CiI}\Inr~AN WIMER TO AE :-:'1\CED Ot! Bee 2/2/e2 AGENO}\ Chairman Wimer requested that a discussion reg~rding the Data Processing Department be plDced on the Bee ðgenda in two wceks. County Manager NormDn said the mecting date would be 2/2/82. RESOLUTION TO BE PREPARED, FOR BCC CONSIDER}\TION, BY COUNTY ATTORNEY RE NEW SENATORI}\L DISTRICT PL}\N - - }\PPROVED County Attorney pickworth referred to Mr. Harry cunningham's apprearance before the Bee on 1/12/82, when Mr. Cunningham expressed concerns re the various proposed redistricting plans of the Florida State Reprcsentðtive and ScnatoriDl Districts in Southwest Florida. Mr. pickworth said that the plan, thðt Mr. Cunningham assurned would be adopted, would create a Senate District based in Lee County and running east or northeast from that point, which would leave Collier County in thc position of bcing included within a ßroward County Senlltorial District and that Mr. Cunningham recommcndp.d that Collier County propose an alternative to the aforementioned plan. Mr. pickworth explained that the Senate President Mr. Barron proposed a plan in which Lee and Collier County would essentially be together as a Senate District. Mr. pickworth reported a modification the Commissioners may wish to include with Mr. Barron's plan. He said that, based on the Bee discussion of 1/12/A2, his concern is that Collier County not be in a position wherehy tho County is simply tðgged to ð Broward County District because the County would feel that the citizens of Collier County could best be served in southwest Florlda and that Collier County should be part of adlstrict which includes Pðge 45 .. ..__ oÞ__"'__. ___ -*. ---- - -- -,. --- -- --- ...-- ----- ---- ----.. -- --..--- -- ----- - - - - - - - - - -- - - - - - - - - - - - - - -- - - - - - -.- - - - -- - - - - . J~nuary 19, 19A2 that ðroð of the Stato. During the ensuing discussion Mr. pickworth offered an alternative plan, which would put Collier County in with Monroe, Glðdes and Highlands Counties, that would result in a plan that would create ð Senate seat which would covcr the center of southwest Florida. After continued discussion, Commissioner Wcnzel moved, seconded by Commissioner Kruse and carried unanimously, that a resolution be prepared by Mr. Pickworth, for BCC consideration, supporting a new Senatorial District plan whereby the citizens of Collier còunty will best be scrved and will retain a Senator from the Collier County area. ROUTINE BILLS - PAID Pursuant to Resolution 81-150, the following checks were issued through 1/15/82 in payment of routine bills: ITEM CHECK NOS. ....,..0Ut-1T County Checks 21>18 - 2832 $1,474,741.08 Bee 32541 - 33or'O $296,734.67 General Fund 7 $ (i. AS 8 $2,823.25 9 $90.29 BUDGET AMf.NDMENT 82-3<\, TRAHSFERRTNG FUNDS TO PROVIDf. FOR PURCHASE OF MINICOMPUTER, BUILDING MATNTENANCf. - ^DOPTED IN THE ^~OUNT OF Sl,~q6 Commissioner Wenzp.l moved, seconded by Commissioner Kruse and . carried unanimously, that Budget l\mendment 82-36, transferring funds to provide for the purchase of ð minicomputer (Building Maintcnance) be adopted in the amount of $1,696. Pc'! g 9 46 &OOK 067 PAtE 232 - - - -- - -- - - - - - .- -~ - -- _. -- - - -- - -- - .- - -. _.- -.- - -- - . -- - .- -- -... -- - - -.- -" -.=-..-,........"."..--'" -~ ---------------------------- ---------- "...-- January 19, 1982 '.UDCET AMENDMENT 82-37 TO PROVIDF. FOR COST OF AERIAL PHOTOCR"Pti:;:C SERVICES, Pt.^NNING DEPT ~^DOPTEO 1:N THE ^MOtJNT OF $ '-0,000 Commissioner Wenzel moved, ßecondcd by Commissioner Kruse and carried unanimously, that Budget Amendment 82-37 rc tho ~ppropriation of a grant Dwðrd to provide for cost of aerial photographic services (Planning Department), be adopted in the amount of $20,000. Page "7 &0011 067 PACE 234 __ - ~ __._ _.... ._0 .... 0__0 __ __ _.__ . _. - .__~. ___. - ____... __ __ _._ _..._ __.. .~~O" _..._._ ._._.. _.. .___. . . - __~... 0.. _ _ _ _ ~.. _ _ _ _ _ _ _ ____ _ _ _._ ___u __<_ - January 19, 1982 JUDCET AMENDMENT B2-3R, RE EXPENDITURES FOR TnE MODIFIED tNTERIM ^CTION PROGRAM, W^TF.R ~^N~GEMENT - ^DOPTED IN THE AMOUNT OF $8,000 Commissioner Wenzel moved, secondod by Commissionor plator and carried unanimously, that Budget ~endment 82-3R, transferring funds to more accurately reflect expenditurcs for the Modified Interim Action Program (Water Manðgement), be aðopted in the amount of $8,000. Page 48 MOl'. .067 PACE236 -- --- ------ -..- - -- ---.------- -.- -- - - -- ---- .-- -..- -- - ---- '"!,~~7={.<:.._....I....----...-.,.,....,.4-----<O.--'--- ---.v q.... "·-C"'- <..~--,....~"'"'.._,,--"" ..Jc:I/lU..J1)' J.:J, J.:ltu. BUDGET "MENDMENT 02-39 TO PROVIDE FOR PIPING TO r:"SOLINE T"NJ< AT IMMOJ<"LEE R"RN, MOTOR POOL - ^OOPTED TN THE ~MOUNT OF $] ,139 Commissioner Wcnzol moved, seconded by Commissioner pistor and carried unanimously, that Budget Amendment 82-39 tranðferring funds to provide for the costs of piping to the gasoline tank at the Immokalee Barn (Motor Pool), be adopted in the amount of $1,139. Page 49 800K 067 PAGt 238 ... - .-- --- -- -- _.. .-. þ-- _.- --- ..*_.- --- -- -- --- -.....-." ---._-- --.-.-....---....-.........-....- -... ....-....---.. --c- ~......_._,l __......~~-~.:, ..... ----.....,... w' .:.. '.. 'I' ~ . , , . . ~ LE^SE AGREEMENT BETWEEH ß^RRON COLLIER, JR. F.~TATE AND THE BCC RE SHERIFF'S DF.PT. R^DIO TOWER - APPROVED, SU~JECT TO ~PPROVAt BY THE COUNTY ^TTOnNEY Commissioner Pistor moved, socondcd by Commissioner Wenzol and carried unanimously, thðt the lease agreement between the Barron Collier, Jr. Estate and the BCC regarding the Sheriff's Departm~nt for a radio towcr for ono Y~ðr at $150.00 be approved, subject to approval by the County Attorney. Page 50 BOOK 067 PACt 240 - - - - - - -- - -- - -- - - - -- - -- -- - ,-- -- - --... -- -- -- -- -... - - - - - -- - - - -... - - ,-:...-;~<"',~- ~ ----.. .. T..;..,.~.....t~...\.o....·,,,_~tt~lY~ ¡~''''''''''''''''L' . r"" DISCUSSION RE ADMIt-lISTRATJVE MOR^TORIUM RE PL^Cr.MENT OF MOBILE HOMES ~S PP.RMITTED USES IN THE A-2 DISTRJCT AND AS ACCF.SS0RY USES IN THE ~-1 ;n::TRICTS. uSEE: ACTtON T^KEN FOLLO\'lJNG NOON RECESS Community Development Director Virta referred to his memo dated 1/19182 based upon the concerns that were expressed to him by two Commissloners re the use of mobile homcs as permitted uses In the A-2 District. He explllined that he has includod in his recommendation the suggestlon he received that a morntorium be considered on such uses until the mattcr can be further lnvestig~ted. Mr. Virta cxplDined that his recommendation is that, if such a moratorium is establishcd, same be established within the aiea under the advisory purvlcw of the Coastðl ^rcn Planning CommisGion and that such a moratorium not be placed in the Immokalee area. He said the initial reason for his recommcndntlon is that the provisions, outlined in his aforementioned memo, were for the purpose of accommodating the Immokalee area. He said th~t, historically, mobile homes have been permitted in the agriculture districts and that staff recommends that use be allowed to continue. Mr. Virta asked that any chang~ in the ordinance continue to recognlzo the aforementioned use. During the ensuing discussion, Commissioner Pistor asked for clarity re the new A-2 areas as that designation would apply to the East Trail, where agriculture areas have had mobile homes ~nd where the Bee action has given variances, in order for expansion of those mobile homes, I.e. Auto Ranch Rond area. Mr. Virt~ explained that the pro- posed moratorium would ðllow time for staff to find a solution to the concerns Commissioner Plstor raised, and to correct those problems. Page 51 ~o~~ OB7 PACt 24~ .~-...--..-,---...- -~. - - . . --....... _. . - .-. .-_ - - ..-__ ... .. _0. .._ _. _. .. __ _._ ~ _... . _. __ _ _ _ _ _... .._ _ ..._ ~~,--~..........._.,.....- ...~~L~'..,."..,...,.-~·.,.-...,-~-..,..,..,..,·<·~:":"1·~· ßOOK O~1l\~t~?!~imcr said that the problem relates to the combination of the Tmmokalee OIRtrict and the Coa8t~l ^roa Planning District wtth tho result th~t, what was permItted in th~ Immokalce DistrIct Is now permitted In the Coastal ^rea. ReGponding to Commissloncr Brown, Mr. virta said that his recom- mendation would allow a mobile home on Commissoner Brown's farm, as well as mobile homes In the Immoknlee agriculture area. Chairman Wimer recommended that provision of the 3-year permit applIcDtion for f~rming be placed in the ordinance. Commissioner Kruse clarified, for the general public, the fact that prior to the adoption of the new Zoning Ordinance, that in an area zoned agriculture, ~ person could obtain a mobile hom~ permit for 10 acres or morc for )-years, if that person was actively engaged In agrIculture. She explained that, ot the end of 3 years, the person had to obtain a building permit. She said that when the new Zoning Ordi- nance was adopted and the two aforementioned districts were combIned, the Bee action allowed that in any A-2 zoning that a mobile home could be obtained permanently, regllrdless of the size of the land site. Commissioner Kruse explained that thc present ^-2 zoning designa- tion completely surround~ the World Tennis Center, approved by recont Bee action. The general discussion covered the point that the permits not be Issued for buildIng until staff has the opportunity to formulate the proper requlÐtion~ and return the matter to Bee for adoption. Commissioner Wcnzcl asked if there is a qualification between mobile homes and modular homes, to whlch Mr. Virta explained that the Page 52 -------------------------------------- ~,.~.-~'" r'......··- >',........-..... L ~. --. - - -- - -.- ..-- -- ..-.. -.-. .--. ..-.. ...-_. -- --..-- -..- -. --- --..... ...-. .........-- - .-- .-- --- .-- -- - -- - -- two designations ðre built undcr different codes. Rcs~ønding to Chairman Wimer, County Attorney PIckworth u~id that ho would advise that a moratorium should bo done by ordinance. He said that admInistratively the iasunnco of permIts could be held until the ordinance is ~cvcloped. * * * RECESS: 11:50 A.M. - RECONVENED: 1:40 P.M. At this time, Deputy Clerk Skinner was rcpl~ced by Deputy Clerk Davidson and the meeting was called to order, with Commissioner Brown absent, to take up the matter of ð moratorium for mobile homes in the Agriculture Districts, prcviously diccussed, as outlined above. * * * ADMINISTRATIVE MORATORIUM IMPOSED RE PLACEMENT OF MOBILE HOMES IN wA_lw and "A-2" DISTRICTS UNDER PURVIEW OF CAPC In response to Chairman Wimer, Community Development AdmInistrator Terry VIrta stated the staff's request ðS follows: wThat a moratorium be imposed regardIng the placement of mobile homcs as pcrmitted uses ln the "A-2W ~istrict ßnd ðS accessory uses in the "A-I" Oistrict in areas under the advisory purview of the Coastal Area PI~nning Commission and not those arcas under the lIdvlsory purview of the Immokalee Area Planning Commission and the staff be instructed to begin the preparation of approprlè1tc ðmendmcnts to handle the sitllðtIon.w Commissioner Pistor moved, seconded by Commissioner Wenzel and carried 4/0, with Commissioner Brown absent, that the staff's request, as outlined above, be ~pproved. * * * Commissioncr Brown entered the meeting at this timor lr43 P.M. * * * COUNTY ATT/')RNE'i AUTHORIZED TO PREI".'.RE ORDINANCr. IMPOSING MOR^TORIIJM ON PLACEMENT OF MOB ILE HOMES IN AGR ICULUTURE DISTR leTS UNDER CAPe Pl'RVIEW FOR ADOPTION BY THE Bee UPON LEGAL ADVERTISING REQUIREMENTS REING MET Chairman Wimer explained that, pur5uðnt to the BOðrd's approval of Page 53 BOOK 057 PACt 246 ->---1.' < , .. · - - - - - - -...- - - - - - - - - - - - - - - - -- - - --- ----- - - - --- ~oo~ Cu'? r~c¿ 24.7 the imposition of an administrative moratorium on tho plÐce~ent of mobile hcmcs in Aqri~ultur~ Districts unðer the advisory purview of tho CAPC ðnd, upon advice from tho County Attorn~y, the Board will consider the adoption of an Ordinance lmposing the subject moratorium ðS soon ~G lt is prepared and legal advertising requirements ðr~ met. Commlss1oner PIstor moved, seconded by Commlssionor Wenzel and carried unanimously, that the County Attorney be authorized to draft the aforementioned ordinllnce and that the adopt.ion of same shall be scheduled on the earliest possible Agenda after the determinatlon of a suitable date, whereupon legal advertlsment requirements can be met. CERTIFICATES OF CORRECTION TO THE TAX ROLL AS PRESENTED BY TflE PROPERTY /l.PPRAISER - /l.UTIIORIZEO FOR EXECUTION Commissioner We~zel moved, seconded by Commissioner pistor and carried unanimously, that the following Certificates of correction to the Tax Roll be authorized for execution: 1981 TAX ROLL TANGIBLE PERSONAL PROPERTY NUMBERS DATES 1981-87 through 1981-93 1/12/82 through l/18/82 EXTRA GAIN TIME FOR INMATES NO. 3(¡21l & 37790 - APPROVED Commissioner Wenzel moved, seconded by Commissioner pistor and carried unanimously, that extra gain time for the following inmates be approved: INM^TE NO. EXTRA GAIN TIME DATE OF RELEASE 36211 37790 60 d ð ys fjf) days 2/12/82 2/22/82 Page 54 ----' '. --. I -~ L JDnlli'lry 19, 19~2 Bl'.LANCE OF UNEXPIRED Tr.RM RESULTING FROM RESIGNATION OF REGUL;\~ MF.MDER .JOSEPH fIODEST^ FROM rSLE~ OF C^PRI FIRE CONTROL DISTRICT ~DVISORY BOARD TO BE RERVED BY FOR~~R ALTERNATE ~EMBEn J05EPII LEADABRAND Commissioner Pistor moved, seconded by Commission~r Wenzel and carrled unanimously, tnat the balance of the unexpired term resulting from the resignation of rogular member .Joseph Podesta from the Isles of Capri Flre Control District Advisory Committee, be served by alternate member .Joseph Leadabrnnd. MISCELLANr.OUS CORRESPONDENCE - FILED AND/OR REFERRED There being no objection, tho Chair directed the following correspondence be filed and/or referred to the ',arious departmr.nts as ind icsted: 1. Notice, received 1/18/82, from South Central Florida Health Systems Council, Inc, fe current projects under review (Gr~nts and Certificate of Need Requests). Filed. 2. Copy of DNR Permit No. CQ-3fi, City of Naple~, for fill, restoration of dune ar~~s. rcveget~tion, wnlkovers, and vehicle ramps at 19 street ends and at public beach. Filed. 3. Minutes of Ochopee FirE' Control District Advisory Committee mecting of January ~, 1982. Filed. 4. Minutes of Naples City Council as follows: January 5, 1982 (Workshop), January fi, 1982 (Regular); Special .JMuary 13 (Special). Filed. 5. Letter dated 1/1>/82, ftom FDOT, transmitting report of financial position as of ll/30/A] of the County's AO\ portion of the Sccondary Trust Fund (Second Gas Tax - 5th and 6th cpnt). xc Messrs. Rarksdale, Hall and Norman; Filed. 6. Letter dated 1/11/B2, from Escamhia County Administrator Rodney L. Kendig, tr~n~mitting a copy of n Resolution re State funding for the Office of Public Defender. xc Mr. Norman, Filed. '7. LettE'r dc'lted 1/J:7/82, from Clerk William J. Reagnn to Commissioner Krus~, trDnsmitting D report entitled Page 55 &Oor. OS7 P/,Gr:2,a _. _.-00 __ __ _ _ &_ _4 __ ___ __.. _~.. _. ___ _~... &0. .....--.-_..__.._...___.._.__ _O'o____ ..... .._.__.._...__...._...+_._._...........& .......... 4_ . o;.~~-.'-"""" .,....-.- -..... '.--.........,.c I -.. ___'''''~__N·'··_'''C''_ tlQOK C6? PAc¿249 J~nuðry 19, 19A2 £~l11~r Cou~ty Clerk Of. C!~cuit Court !nforrnðtion ~yst(!ms Study, prcp'èHcÒ by Pe"t, f"\ðrwlck & Mitchcll Ii Co. rll ed A. Memorandum dated 1/A/A2 from Florld~ Housing Finance Agency, rc singlc family bonding authority - 19A2 and tr~nsmitting xc of Executive Ordcr Number 81-155, establishing procedures re same. xc Messrs. Hall, Pickworth, and Norman. Filed. 9. Letter dated 1/11/02, from HRS Fiscal Officer, submitting n summary of County Hen1th Unit Fund budgeted receipts and disbursements for FY eO-81. xc Messrs. Norman and Hall. Filed. 10. Letter dated 1/13/82, from Robert R. Michac1, President, Hum~ne Society of Collier County, Inc., inviting the Bce to take a tour of facilities on Airport Road, on 1/20/82. Filed. II. Copy of Memorandum, dated 1/l3/82, from Public Services Administrùtor Don.'lld Norton, re CETA Office Quarterly Report (first 1/4 of FY 1982). Filed. 12. Rcport rc dwel1!~~ ynits permitted and status thereof from l/1/7S through 12/~1/81. Filed. 13. PSC Notices as follows: Noticc of indefinite postponemen~ of hearing rc Docket Nos. Rl016~-TP, 810287-TP, 810307-TP, 810327-TP, 8l0347-TP and 810353-TP (issued l/ll/82); Notice of Hearing on 2/12/82, In Tallahassee re Docket No. A.)Ol';~-EU, (Issued 1/12/82); Notice of prchearing conferp.ncp. on 1/13/82 in Tallahassee re Docket 810239-TP (Issued 1/12/82), Notice of Hcaring on 3/8/82 in Tallahnssee re Docket No. Ol031\6-EU, (Issued 1/14/82). Filed ." ." ." ." ." ." ." * * ." * ." Page 56 - - - - - -- -,- - - -- - - - -- - --- - - - - - -- ----- - - - --- ; ... 'I --,-" L ~f, \:t~ 411 January 19, 19~2 Thcre being no further business for the good of the Count~: the moeting WðS adjourned by order of the Chair - Timel 1145 P.M. BOARD OF COUNTY COMMYS5ION~RS/EX OFFICYO GOVERNINr. BOARD(S) OF SPECYAL DISTRICTS UNDER TR CONTROL tù~ IiAIRMAN ,"¡"~T ~~!f1 ¡; {i ,.... .' , ~ WIL c-, ' .... .- ... -. - .~ .' These minutes approved by :3CC on Feb. q, 1982as presented as corrcct~d ~ as amended X -... ... ___4 ....". --. .-- ---- -- -- -- ..__ ..._ __ _.. __ . .... _._ _ __ __ _.__ __ __ _. _.. _ ___ _ _ 0-. ~OO1( 067 PA~t Z5Q L -,...... -""--""'''''''''''''- rllge 57