BCC Minutes 11/04/1980 R
Naples, Florida, November 4, 1980
LET IT BE REMEMBERED, that the Board of County Commissioners in and
for the County of Collier, and also acting as the Governing Board(s) of
such special districts ~s have been created according to law and having
conducted business herein, met on this date at 9:00 A.M. in Regular
Session in Building "F" of the Courthouse Complex with the following
members present:
CHAIRMAN: Clifford Wenzel
VICE-CHAIRMAN: Thomas P. Archer
John A. Pistor
C.R. "Russ" Wimer
David C. Brown
ALSO PRESENT: William J. Reagan, Clerk; Harold L. Hall, Chief
Deputy Clerk/Fiscal Officer; Edna Brenneman, Deputy Clerk; C. William
Norman, County Manager; Donald A. Pickworth, County Attorney; Torry
Virta, Community Development Administraior; Gene Willett, Administrative
AS'iistilnt to County Manil':Jor; .Jeffory Perry, Zoning Directorj Lee Layne,
1'1;\1\1\(11'\ 1111111\4' 114 flll1l' , 1'\111111; 'i4(III.1' ^tJmttlt.ll'.lon Tum Mr.DAtlllll.
Planner; Mary Morgan, Administrative Aide to the Boardj and, Deputy
Chief Raymond Barnett, Sheriff's Department.
BOOK 056,ACE 297
November 4, 1980
AGENDA - APPROVED WITH ADDITIONS/DELETIONS
Commissioner Pistor moved, seconded by Commissioner Brown and
unanimously carried, that the agenda be approved with the following
Additions and Deletions:
1. Petition A-80-3C, George Varnadoe, representing
V.B.C., Inc., appealing Zoning Director's admin-
istrative decision - Withdrawn.
~. Recommendation for approval of County-Wide Dog and
Cat Neutering Program - Continued for at least two
weeks.
3. Request for Carnival Permit for Naples Jaycees -
Added.
4. Status Report re Property Appraisal Adjustment
Board Hearings - Added.
5. Minutes of meeting of October 21, 1980 - Deferred.
ORDINANCE 80-104 RE PETITION CP-SO-12C, DR. AHMET GURSOY, REQUESTING
LAND USE AMENDMENT FROM L0W DENSITY RESIDENTIAL TO COMMERCIAL LAND USE
ON LOTS 2-6, BLOCK 109, MARCO BEACH UNIT 3, - ADOPTED
Legal nctice having been pu~lished in the Naples Daily News on
October 3, 19S0, and in the Mar~o Island Eagle on October 2, 1980 as
evidenced by Affidavits of Publication filed with the Clerk, public
hearing was opened to consider Petition CP-80-12C, filed by Dr. Ahmet
Gursoy, requesting a Land Use Amendment from Low Oen$ity Residential
to Commercial land Use on lots 2 through 6, Block 109, ~larco Beach Unit
3.
Planner Lee Layne located the property in question on the map
displayed, noting that the parcel consists of 1.27 acres at the north-
east corner of Bald Eagle Drive and San Marco Road on Marco Island.
She said that the petitioner proposes to use the property for a medical
clinic and informed the Board that th~ CCPA felt this was a needed
facility on Marco Island and recommended approval. However, continued
Ms. Layne, the st~ff had recommended denial of the ~mendment for reasons
indicated on the Staff Report dated September 2, 1980.
County Attorney Pickworth inquired as to what has changed on Marco
Island in the interim period since the Comprehensive Plan was adopted
that would warrant the change to Commercial land Use with Ms. Layne'
. "
n~~ ~^.
~OOK 056 rm a02.
November 4, 1980
responding that there have been no changes. When asked by the ^ttorney
if there is a shortage of commercial property on Marco Island, Community
Development Administrator Vlrta said that there is a considerable amount
directly across the street from the subject parcel which is vacant.
The Petitioner, Or. Ahmet Gursoy, pointed out the need for the
facility in the community due in part, to the distance involved between
Marco Islanrl and the N~ples Cammunity Hospital. He also described the
type of service to be provided, including the fact that the clinic would
be open seven days a week and twenty-four hours a day. He agreed that
there is other commercial land available but that the costs would be
prohibitive and would be reflected in the charges to the patients.
Referring to the statement made by Dr. Gursoy that a Certificate of
Need is not a requirement for the type of facility under discussion,
Corrmissioner Pistor qlJestioned whether or not, when the final plans are
submitted to the State, th~ proposal may be turned down because what is
being offered may be in excess of what a minor clinic would be providing
and bordering on being a small hospital. He expressed concern that in
this event, the land would be rezoned cOlllllercial which would allow any
number of commercial establishments to Dc located at the site; i.e. gas
stations, restaurants, and the like. Dr. Gursoy reiterated the fact that
the subject permit is not needed which he said is so stated in the letter
dated October 22, 1980 from Art Forehand, Administrator, Office of Com-
munity Medical Facilities, Florida HRS, with Chairman Wenzel reviewing
briefly the contents of the s~~ject correspondence.
County Manager Norman pointed out the fact that the County operates
an ambulance service, including the operation of Advance Life Support
Program which is licensed and governed by extensive regulations and
expressed concern over what kind of services will be provided once the
ambulance delivers a patient to the professional center. He said that
the ambulance could not deliver patients that are in life-threatening
conditions because of the regulations as to where the ALS service can
deliver patients. He suggested that this aspect was not addressed as
part of the communications with Tallahassee. Or. Gursoy explained
Novcmher 4, 1980
that he has had a mceting with Dr. Robert Touer, dlrcctor of Emergency
Services for the Naples Community Hospital, and has been advised that,
once a permit is received, protocol can be drawn up for working out
the details involved. He furthcr stated. that he does not desIre to
interfere with thc ambu1ancc service but said that it is a good possi-
bility that dn ambulance can be obtained, funded by donations, which
will be given to the fire department and used to rescue patients and
bring them to the clinic and from there, if necessary, they can be trans-
ported by the ambulance service to the Naples hospital.
Dr. Wii1iam Cux, Collier County Health Director, ~nformed the Board
that all the necessary papers have becn written to all regulatory agcncies
and have come back in favor of Dr. Gursoy and his project. He said that
if he were to be asked to comment, he would be interested in knowing how
the other doctors on the Island feel, as well as the civic agenciesj how
the Collier County Medical Socie,y feels; and, also, request some input
from the Naples Community Hospital. All of this, said Dr. Cox, would be
helpful in l11ilkinlJ il finill dpcision on t.he project.
At this point, Conmissioner Wimer suggested that the purpose of the
public hearing was to consider whether or not commercial land use is a
proper designation for the property - whether or not there is a need for
additional commercial property on Marco Island. Following a determination
in this reyard, continued the Commissioner, the matter of rezoniny the
property to "PC" can be addressed.
Mr. William P. Shaughnessy, Marco Island Realtor, related the his-
tory of the development of Marco Island and the original master plan for
the Island, the lack of commercial property and the resultant high costs
for that which is available and the limitations imposed with regarJ to
setback requirements, and the like. He explained that the parcel in
question consists of five residential lots opposite three corners of
commercial property already existing and that the lots have been used as
a commercial entity for fifteen years. A brief discussion followed con-
cern i ng the zoni ng on adjacent properti es to the property under di scuss i on.
He responded affinmative1y to the County Attorney's query as to whether
__M n~~ w~Ml
BOOK 05'6 P'.CE 3'04
November 4, 1980
or not hc sold thc parccl to the pctitioner. Whcn it was suggcsted
that the rczoning might be part of a speculative venture to increase
the va1uc of thc property, Mr. Shaughncssy said that the situation in
qucstion is a unique one and, in his opinion, thc only place on Marco
Island whcre there will be a request for such rezoning, adding that
purchasing residential lots and converting them to "PC" or Commercial
Zoning in order to "get rich quick" just will not happen.
Commissioner Archp.r said the lack of commercially zoned property
in closc proximity to the Naples hospital has been a drawback and,
therefore, it might show foresight to consider this aspect since the
proposed satellite hospital will be located close to the site under
del iberation.
The following persons spoke to the issue, or expressed briefly
their support for the project:
1. The Rev. Joseph C. Weaver - St. Mark's Church, M. I.
2. Leigh Plummer - President of the Marco Island Civic Assoc.
3. Phil ip A. Jasberqel' - Resident and Businessman on M. 1.
4. William Maher - Resident
5. Mar~aret A. Maher - Re$idcnt
6. E.O. Tungate, Jr. - Resident
7. Tom Shea - Restaurant Association, M. I.
8. Stanley P",l1l1..:;; - Resident
9. Lorrainp Frceburn . Resident
10. Jean r. Manion - Resident
11. Edward R. Skrzynski - Area Resident
12. John Alexander - Resident
13. Ircne Alexander - Resident
14. Lconard l. Moore - Resident
15. Wl11iam C. Hamilton - Resident
16. John J. Cameron - Resident
17. Th~lmJ R. Wright - Resident
18. Fred Thon - Resident
19. Catherine Than - Resident
20. Gertrude C. Rennie - Resident
21. Mary Jane Sanner - Resident
22. Harry W. Moeller - Resident
23. Dorothy S. Moeller - Resident
24. Gerold Knauerhase - Resident
25. Alec S. Alexandre - Resident
26. J.H. Lyon - Resident
27. Thcresa J. Lyon - Res i dent
28. Paul C. Moellering - Resident
29. James M. Matthews - Resident
30. Greg lcighton - Resident
31. Betty Bruno - Resident
32. Angela Renicki - Resident
33. Clara Lee Oryson - Resident
34. Dave Gursoy - Resident
35. Joan Gursoy - Resident
36. Dr. Jean Kaplan - Resident
6... _ "
l __~_ ~
November 4, 1980
37. Frank Pich - Resident
38. V. Laffcrt - Resident
39. G. Schmidt - Rcsident
40. Carol Matthcws - Resident
41. John McAbier - Resident
42. Mrs. John McAbier - Resident
43. Glenn A. Stanley - Resident
44. Emmett B. Adams - Resident
45. Olive F. Standley - Residcnt
46, Mrs. Gretchen Chatham - Resident
47. Boris S. Borshoff - Resident
48. Katherine E. Peterson - Resident
49. Wm. E. Peterson - Residcnt
50. William M. Rennie - Resident
51. Fred Dimock - Rcsident
52. Wi 11 iam Lan9 - Resident
53. Charlotte Lang - Resident
54. John Senatore - Resident
55. Maizie Senatore - Residcnt
56. William S. Ewing - Resident
57. Wilson L. Ford - Resident
Dr. Charles O. Sahler, retired general surgeon, expressed doubt
over the lack of nced for a Certificate of Need if nursing service is
provided requirillg intensivc care such as continuous intravenous and
blood pressure stabilization. He said that :n ris contacts with the
Board of Directors of the Naples Community Hospital he has been advised
that, before a full hospital can be built on Marco Island, it would
be advisable to set up an c~ergency clinic which could eventually serve
as the emergency center for the new satellite hospital.
Mr. Herb Savage, President of the r~arco Island Chamber of Commerce,
said that he is the architect for Dr. Gursoy and that his client is
willing to place in his deed or in the B0ard's conditions that, in the
event the Land Use Amendment is granted and in the future the "PC" use,
if granted, is changed and used for some other purpose, a reverter clause
that the land would return to Residential Land Use.
Mr. Ed Oe1sch1aeger, representative of The Deltona Corporation,
as ked that the record refl ect tha t hi s fi rm does not oppose the project
by Dr. Gursoy, commenting that there is a tremendous need for the facility
on Marco Island. However, said Mr. Oelsch1aeger, the location is not
compatible with the Comprehensive Plan nor with the Single-Family zoning
in that area. He pointed out that there is sufficient "PC" property
zoned on the Island adjacent to the new hospital site.
".., nr.;R .,._ ~fl~
BOOK 056 PACE '306
November 4, 1900
Mr. J.K. Meye:-, 1657 San 11,lrco Rd.. stated that he lives within
a few hundred jards of the proposed site and does not view the project
as a threat to h1s property. He expressed his support of the amendment.
Mr. William A. Harrison, area resident, explained that it is a
matter of record that he is the petitioner's partner in the purchase of
the lots and the development of the facil ity. He asked that the record
reflect that it is their mutual intent that the venture be entirely
private without outside funding.
Mr. William B. Hawley, Marco Island inhabitant, suggested that the
proposed use of the land is eminently worthy, citing, for example, the
traffic congestion and length of time it takes for an ambulance to
reach the Naples Hospital because of it.
Ms. Vaunde1 Taylor, Registered Nurse employed by the Naples Com-
munity Hospital in the Emergency Room, advised the Board that the hos-
pital is unders~af~ed and overworked because of the number of accident
cases brought in ev~ry day, many of which take place on the Island.
She said that the project by Dr. Gursoy will provide a great service
to that community.
All opponents and proponents having been heard, Commissioner Archer
moved, seconded by Commissioner Brown, that the public hearing be closed.
Commissioner Wimer expressed the opinion that the site for the
hospital should be "tied dOlm", commenting that he has no objection to
the medical complex.
Upon call for the question, the motion carried unanimo..sly.
Commissioner Archer moved, seconded by Commissioner Pistor and
unanimously carried, that the Ordinance, as numbered and entitled below,
be adopted and entered into Ordinance Book No. 12.
Submitted for the record, were aerial photographs of the subject
property and a blueprint of the proposed medical facility.
ORDINANCE NO. 80 - 104
AN ORDINANCE ~IENDING ORDINANCE 79-32, THE
CmtPRI:.:IlENSIVE PLAN FOR COLLIER COUNTY, FLORIDA
BY AMENDING TilE LAND USE CLEMEN'!' WORK S,TUDY
AREA MAP .4 FROM RESIDENTIAL O~4 UNITS PER ACRE
TO COMMERCIl\T. LAND USE ON TilE FOLLOWING DESCRIBED'
PROPERTY: UNIT 3, BLOCK 109, LOTS 2, 3, 4, 5,
AND 6, MARCO BEACH :;UBDIVISIONi AND BY PRO-
VIDING AN EFFECTIVE DATE
November 4, 1900
ORDINANCE 80-105 RE PETITIGN R-80-30C, DR. AHMET GURSOY, REQUESTING
REZONING FROM "RS-2" TO "PC" FOR PROPERTY LOC,\TED ON LOTS 2-6, BLOCK
109, MiiRCO BEACH UNIT 3 - ADOPTED PURSUANT TO STIPULATIONi PETITIONER'S
AGREEMENT TO STIPULATION - ACCEPTED
Lcgal notice having been publishcd in the Naples Daily News on
October 3, 1980 and in the Marco Island Eagle on October 9, 1980 as
evidcnccd by Affidavit~ of Publication filed with the Clerk, public
heari:\g wa!' opencd to consider Petition R-80-30C, filed by Dr. Ahmet
Gursoy, requesting rezoning from "RS-2" to "PC" for property located on
Lots 2 through 6, Block 109, Marco Beach Unit 3, for thc purpose of
establishing a medical clinic on the subject property.
Planner lee Laync observed that the petition was discussed in con-
junction with thc previous petition which the Board approved. She said
that the Coastal Area Planning Commission recommended forwarding the
petition to the Board with a recommendation of approval subject to the
stipulation that the final site drainage plan be approved by the County
Engineer prior to the 5tart of dny construction.
County Attorney Pickworth requested that the August 13, 1980 memo
from Planner Hender10ng to Lee Layne, Division of Comnunity Development,
concernin~ compliance with the Comprehensive Plan be incorporated as
part of the minutes, ciS this memo reflects the opinion of the Legal
Departm~nt as well. The Chair so directed.
Co,nmissio~er Archer moved, seconded by Commissioner Pistor and
unar~,nous1:i carr'ied, that the public hearing be closed.
C::'trrnissioner Pistor moved, seconded by Commissioner Brown and
unanimously carried, that Ordinance 80-105, as entitled below, be adopted
and entered into Ordinance Book No. 12, pursuant to the above-referenced
CAPC stipulation, and that the Petitioner's Agreement to the stipulation
be accepted.
Filed for the record was a letter dated October 9, 1980 from leigh
P1uITYl1cr, President of the Marco Island Civic Association, Inc., advising
that the Association's Board voted 7 to 1 not to oppose the rezoning of
the five l?ts in questioni and a letter dated October 9, 1980 from
Howard F. Ostr0ut, Jr., Director of Community Planning for The De1tona
600~ 055 PAGE "3G8
November 4, 1980
Corporation, opposing the rezoning of the property and setting forth
their reasons.
ORDINANCE 80 - 105
AN OHDINJ\NCE !\MeNDING ORDINANCE 76-30, THE
COMPnEIlCNSIVE ZONING REGULATIONS fOR THE
UNINCORPORATED AREA OF TilE COASTAL AREA
PLANNING DISTRICT OF COLLIER COUNTY DY
AMENDING TilE ZONING ATLAS MAP NUMOER
MI-S BY CIlJ\NGING TilE ZONING FROM "RS-4"
SINGLE F!\MILY TO "PC" PROFESSIONAL COM-
MERCIAL ON TilE FOLLOWING DESCRIBED
PROPERTY: LOTS 2, 3, 4, 5 AND 6, BLOCK
109, UNIT J, MARCO BEACH SUBDIVISION;
JiliD BY PROVIDING AN EFFECTIVE DATE
RECESS: 10:35 A.M. until 10:42 A.M.
*
*
*
*
*
*
*
*
*
*
*
*
* *
*
aOOK 056 PACE '310
November 4, 1980
PETITION R-BO-?7C, THE OELTONA CORPORATION, REQUESTING REZONING FROM
"A" TO "PUD" FOR PROPERTY KNOWN AS ~1ARCO SHORES - CONTINUED TO NOV-
EMI3ER 11, 1980
Legal notice having been published in the Naples Daily News on
October 3, 1980 and in the Marco Island Eagle on October 9, 1980 as
evidenced by Affidavits of Publication filed with the Clerk, public
hearing was opened and continued to November 11, 1980 with regard to
Petition R-80-27C filed by The Deltona Corporation, upon motion by
Commissioner Archer, seconded by Commissioner Pistor and unanimously
carried, pursuant to request dated October 23, 1980 from the petitioner.
PETITION SMP-80-2C, THE DELTONA CORPORATION, REQUESTING SUBDIVISION
MASTER PLAil APPROVAL FOR PROPERTY KNOWN AS MARCO SHORES - CONTINUED
TO NOVEMBER 11, 1980
Legal notice ~aving been published in the Naples Daily News on
October 19, 1980 and in the Marco Island Eagle on October 16, 1980 as
evidenced by Affidavits of Publication filed with the Clerk, public
hearing was opened and continued to November 11, 1980, with regard to
Petition SMP-DO-2C, filed by The De1tona Corporation, upon motion by
Commissioner Archer, seconded by Commissioner Pistor ~nd unanimously
carried, pursuant to request dated October 23, 1980 from t~e petitioner.
PETITION SMP-80-4C, BILL BARTON, REQUESTING SUBDIVISION MASTER PLAN
APPROVAL FOR WILLOUGHBY PLACE - APPROVED SUBJECT TO STIPULATIONS
Legal notice having been published in the Naples Daily News on
October 19, 1980 as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened to consider Petition SMP-80-4C,
filed by Bill Barton of Wilson, Miller, Barton, Soll & Peek, Inc.,
requesting Subdivision Master Plan approval for Willoughby Place
located at the northwest corner of Piper Boulevard and Euclid Avenue
in Palm River Estates.
Planner lee layne. noting the location of the subdivision on the
map displayed, said that the Subdivision Committee reviewed the petition
and recommended approval with the following exceptions:
1. Sidewalk construction requirement to be waived.
Novembcr 4, 1980
2. Radi'Js at interscction of Euclid Avcnue and proposed
cu1-oc.sac be rcduced from 40' to 30'.
3. Street pavemcnt width be reduced from 24' to 20'.
The Coastal Arca Planning Commission recommended forwarding the
petition to the Board with a recommendation of approval, continued
Ms. Layne, with the exception of the following:
1 . Reducc rad i us from 40' to 30 I at Eucl i d Avcnue and
cul-de-sac street;
2. Reduce street pavement width from 24' to 20'; and
reC'juiring ~idp.willk en Euclid Avenue and on one side
of the cul-de-sac street.
It is the recommendation, Ms. Layne said, that the petition be
approved subject to sidewalks on Euclid Avenue and on one side of
cul-de-sac Jnd a~proving the exceptions concerning the reduction of
the radius from 40' to 30' and reducing the pavement width from 24
to 20 feet.
Chairman Wenzel offered the comment that it is his opinion that
widths of streets, cul-de-sacs, and the like, are now standardized
with Publlc Works Administrator/Engineer Barksdale explaining that
on short cul-de-sac streets the staff has recommended waivers on radii
and widths because of the reduced traffic involved.
There were no questions forthcoming, whereupon Commissioner Archer
moved. seconded by Commissioner Brown, that the public hearing be
closed.
Mr. William Barton, of Wilson, Miller, Barton, Soll & Peek, Inc.,
the petitioner, addressed the issue of the recommendation requiring
sidewalk installation on the west side of Euclid and on the short
cul-de-sac street, commenting that he is in favor of sidewalks and
bikepaths in those locations where they serve a purpose and provide
for the safety of pedestrians and children on bicycles. However, he
said he does not believe that these facilities should routinely be
placed in any project that occurs, noting the question of whether or
not they may increase hazards rather than decrease them, and whether
or not they would serve no purpose of such a small purpose that the
cost to the individual would be inflationary and incur a maintenance-
800K 056 PACE '312
NovEmber 4, 1980
liabl11ty in the future. Mr. Barton said that this is the case in
the instance under consideration, pointing out that waivers would be
logical and can ~e granted by the Board under the Subdivision Regula-
tions. For instance, continued the speaker, the cul-de-sac street
will have only 14 lots, and a street that has a ditch on the same
side as the propo$ed sidewalk which is approximately 5' deep at the
present time. He detailed other aspects of the property which, in his
opinion, are sufficient for requesting a waiver.
Upon call for the qucstion on closing the public hearing, the
motion was carried unanimously.
Commissioner Archer moved to approve Petition SMP-80-4C, subject
to the stipulations above-mentioned and waiving the sidewalk require-
ments in view of the comments made by the petitioner. Commissioner
Brown seconded the motion.
County Managcr Norman spoke in favor of the requirement for side-
walks and suggested that the tim~ to provide them is when the street
improvements are being made, citing a personal reason for his state-
ment; i.e. the absence of sidewalks in the area in which he resides
which is hazardous to pedestrians.
Suggestions were made for resolving the matter such as installing
a drainage pipe and covering the ditch with Mr. Barksdale observing
that this wou1rl be costly for the small stretch of roadway. It was
his counter suggestion that a sidewalk easement be required for those
lots facing Euclid Avenue. ~r. Barton said that a 10' easement along
the subject lots is being provided; however, if a 5' sidewalk is built
inside the easement it will be immediately adjacent to the ditch and
be hazardous.
Commissioner Wimer voiced the opinion that as the population grows
in the area there will be a demand for sidewalks and, if they are not
put in at the time of development the cost will have to be borne by the
taxpayers when they are installed. Mr. Barton said that it is his
viewpoint that a special assessment district for such purposes is the
more desirable approach because the particular people who would benefit
. J
I.. .. .J
November 4, 1980
l;y such improvPl11cnts will be the ones to pay for them. Commissioner
Wimer said that he understands the problem of building a sidewalk in
the project now which, for the time being, "leads to nowhere" and
inquired if the petitioner would consider providing a guarantee or
a bond that the developer will build the particular portion in question
at such time that the County builds a sidewalk in that particular com-
munity. In that event, said Mr. Barton, it would be preferable to
build it now rather than to assume such an obligation for what might
be 15 years or more when the deve 1 oper may have sold the lots and "be
done and gone".
The discussion continued with Mr. Barton stating that Euclid
Avenue is a reasonable location for a bikepath and said that there
is no objection to putting one along the rOadWaji however, he asked
that it be kept in mind that it is likely to serve no purpose between
the present time and :he time the rest of the area is developed, at
which time, due to lack of maintenance, the path will probably have to
be rebuilt.
When asked to comment by Commissioner Archer on the apparent
di screpan.:y between the recommenda ti ons of the Subdi vi s ion Revi ew Com-
mittee and the Planning Commission with regard to sidewalks, Community
Development Administrator Virta said that the Planning Commission, in
its report to the Board, does not indicate that the sidewalk require-
ment should be waived. He said that the recommendation of the afore-
said Committee was madc prior to that of the CAPC.
Commissioner Pistor voiced his support of the regulations requiring
sidewalks and mo.ed that the motion on the floor be amended to require
the installation of sidewalks. The motion was seconded by Commissioner
Brown and carried unanimously.
Upon call for tile question, the motion for approval of Petition
SMP-80-4C, as amended, carried by unanimous vote.
eO~K 056 PACE'313
&OO~ 056 fAcE'314
November 4, 1980
RESOLUTION 80-243 RE PETITION FDPO-80-V-ll, THOMAS CONRAD, REQUESTING
APPROVAL OF VARIANCE FROM MINIMUM BASE FLOOD ELEVATION kEQUIRED BY
FDPO 79-62 - ADOPTED
Lcgal notice having been published in the Marco Island Eagle
0n October 16, 1980 as cvidenced by Affidavit of Publication filed
with the Clerk, public hearing wa~ opened to consider Petition
FDPO-80-V-11, filed by Thomas Conrad, requesting a variance of 4
feet from the 11 feet NGVD as required by FDPO 79-62 in order to build
a single-family home at 106 Tahiti Street, Isles of Capri.
Planner Tom McDaniel explained that the existing homes on either
side of the lot in question are at grade level and that the petitioner
would like to build at the same level. He explained that Federal
Requirements make specific mention that such situation is legitimate
grounds for granting a variance based on hardship.
There were no persons registcred to address the petition, where-
upon Commissioner Archer moved, seconded by Com."issioner Wimel' and
unanimously carried, that the public hearing be closed.
Commissioner Archer moved for acceptance of the staff recommenda-
tions and for adoption of Resolution 80-243, as detailed above. The
motion was seconded by Commi~~ioner Brown a~d carried by unanimous
vote.
*
*
*
*
*
*
* *
*
M8K 056 pm '318
November 4, 1900
RESOLUTION 80-244 RE PETITION TO CONSIDER VACATION OF 10' UTILITY
EASEMENT BETWElN LOTS 1 AND 2, BLOCK 0, PALM RIVER ESTATES, UN1T 4 -
ADOPTED
Legal notice having been published in the Naples Dally News on
October 19 and 26, 1980 as evidenced by Affidavit of Publication
filed \11th the Clerk, public hearing was opened to consider a petition
filed by Timothy Hains, for Robert Phillips and Sharondale Condo Devel-
opment Corporation, requesting the vacation of the 10-foot Utility
Easement between lots 1 and 2, Block D, Palm River Estates, Unit 4.
Public Works Administrator/Engineer Barksdale said that the
petition has been reviewed by the Engineering Department and determined
that there will be no effect in the area if the easement is vacated;
that the petition has been reviewed by the Water Management Advisory
Board and approved administratively; and that letters of No Objection
have been received from all necessary utility companies. Therefore,
said Mr. Barksdale, the petition is being re::onr:ended for approval.
There were no pcrsons indicating a desire to speak on the issue,
whereupon Commissioner Archer moved, seconded by Commissioner Pistor
and unanimously carried, that the pl.blic hearing be closed.
Commissioner Archer moved fci'r approval of the staff recommendatlon
that Resolution 80-244, with regard to the petition detailed above, be
adopted. The motion was seconded by Commissioner Pistor and unanimously
carried.
*
*
*
*
*
*
*
*
BOOK 056 r^cr320
November 4, 1980
ORDINANCE f,OOPTING REVISED BUILDING CODE, WITH AMENDMENTS AND REVISED
FEE SCHEDULES (CONTI NUED FROM 8/19/80 AND 9/23/80) - WITHDRAWN
Legal notice having been published in the Naples Daily News on
July 18 and 25, 1980 and August 1 and 8, 1980 as evidenced by Affi-
davit of Publication previously filed with the Clerk, a proposed or-
dinance, adopting Revised Building Code with Amendments and Revised
Fee Schedules, continued from August 19 and September 23, 1980. was
opened for public hearing and withdrawn upon motion made by Commis-
sioncr Archer, seconded by Commissioner Brown and unanimously carried,
pursuant to request by the Community Development Department.
Correspondence regarding the subject was filed for the record, as
follows:
1. Memorandum dated October 29, 1980 from Commissioner
Pistol' transmitting letter dated October 23, 1980
from the Naples Area Board of Realtors requesting
consideration of a proposed amendment to the Southern
Standard Building Code with regard to "temporary
occupancy" . .
2. Letter ddted October 21, 1980 from the Contractors
Association of Collier County voicing concern over
an undesirable situation, described therein, and
suggp.sting that the addition of a Buildin'J Department
Compliance Officer to the staff could effect a remedy.
PETITION A-80-3C, GEORGE VARNADOE, REPRESENTING V.B.C., !NC., APPEALING
ZONING DIRECTOR'S ADMINISTRATIVE OECISION RE PARKING PLANS FOR PROPOSED
DEVELOPi~ENT - WITHDRAWN
Legal notice having been published i~ the Naples Daily News on
October 12, 1980 as evidenced by Affidavit of Publication previously
~i1ed with the Clerk, public hearing was continued from October 28, 1980
with regard to Petition A-RO-3C, filed by George Varnadoe representing
V.B.C., Incorporated, appealing the Zoning Director's administrative
decision with regard to parking requirements for the Hampton House East
and West developments, situated on property located in Conner's Vander-
bilt Beach Estates.
Pursuant to request by the petitioner, as contained in the letter
dated November 3, 1980 from Attorney George Varnadoe, Commissioner Pistor
moved, seconded by Commi~sioner Brown and unanimously carried, that
Petition A-80-3C, as detailed above, be withdrawn from further consider-
ation. .
N0vemb~r 4, 1980
SCIlEDULE or 1981 HOLIDAYS FOR EMPLOYEES UNDER THE BOARD OF COUNTY
COMMISSIONERS - M'PROVED
County Managcr C. William Norman reviewed briefly the proposed
"designated" and "fixcd" or regular holidays for 1981 for employees
under the Board of County Commissioners.,
Fo110wi~g bricf discussion, Commissioner Brown moved that the
Board accept the 1981 Proposed Collier County Holiday Schedule dated
September 22, 1980 as submitted by the County Manager. The motion
was seconded by Commissioner Archer and unanimously carried.
HOLIDAY DATE
New Year's nay 1-1-81
Washington's Birthday 2-16-81
Good Friday 4-17-81
Memorial Oay 5-25-81
Independence Day 7-4-81*
Labor Day 9-7-81
Thanksgiving Day 11-26-81
Day After Tbanksgiving 1-1-27-81
Day Before Christmas 12-24-81
Christmas Day 12-25-81
Afternoon Before ~~w Year's 12-31-81
*Holidays falling on Saturday will be observed Friday.
PROPOSED PROCEDURE FOR SCHEDULING PUBLIC HEARINGS BEFORE THE BCC
AS RECOMMENDED BY STAFF - WITHDRAWN FROM CONSIDERATION
County Manager C. William Norman reviewed the proposed procedure
for scheduling public hearings before the Board of County Commissioners
dated October 23, 1980, as prepared by Administrative Assistant Willett.
Included in the procedure. as noted by Mr. Nonnan, would be the sched-
uling of a maximum of five public hearings per Buard meeting, not in-
cluding matters cont1nued from a prior meeting, the selection of an
appropriate date, on a "first come basis", notification to the pertinent
department, and to the Clerk's Office for placement of advertising.
n ~~ .. M.'~?-1
eoOK 056 PACE 322
November 4, 1980
The proposed procedure was discussed with Commissioner Wimer
pointing out that when the subject was discussed during a previous
Board meeting, observing that Mr. Norman was not present, the number
of hearings, and the like, was not considered but, rather, whether
or not it was necessary for the Board to authorize advertising of
public hearings. It was the consensus that it was not, said the
Comnissioner, and, therefore, such matters would no longer be con-
sidered agenda items. In order to save time, and money, the staff
would have the authority to place the advertising, he continued, and,
thereby, eliminate the unnecessary procedure.
Commissioner Wimer moved that the entire matter under discussion
be "dropped". The motion was seconded by Commissioner Pistor and
unanimously carried.
Mr. Norman said that he would implement the policy referred to
by Commissioner Wimer.
RESOLUTION 80-245 RE ~ETITION PU-BO-13C, JOY RUSSELL BAKER, REQUESTING
PU (4) OF "GRC" DISTRICT FOR CAR WASH ON PROPERTY LOCATED ON THE NORTH
TRAIL - ADOPTED SUBJECT TO STIPULATIONS; PETITIONER'S AGREEMENT TO
STIPULATIONS - ACCEPTED; CAPC FINDING G? FACT - FILED FOR RECORD
Planner L~e layne located the parcel of property referred to
in Petition PU-80-13C, as filed by Joy Russell Baker as being 1.16 acres
on the North Trail, north of the Firestone Tire Store, as shown in the
color orange on the map displayed. The purpose of requesting Provisional
Use (4) of the "GRC" Zoning District, she continued, is to ~stab1ish a
full-service car wash on the property. The Coastal Area Planning Com-
mission, at their public hearing on October 16, 1980, recommended for-
warding the petition to the Board with a recommendation of approval
subject to the following staff stipulations:
1. Detailed site drainage plans must be submitted to
the County Engineer prior to the start of any con-
struction with drainaye calculations updated to
meet new criteria established by Collier County.
2. Petitioner shall apply to the Zoning Director for
final approval of the sign prior to the issuance
of a building permit.
1....._ ,
L _.-.A
November 4, 1980
Ms. Layne explained that the site was approved in 1977 for a
car wash facility but the Provisional Use lapsed in 1978 since no
extension was requested.
Commissioner Pistor moved, seconded. by Commissioner Archer drld
unanimously carried, that Resolution 80-245 with regard to Petition
PU-80-l3C, as detailed above, be ~dopted with the understanding that
the petitioner comply with the above-referenced stipulations; that the
Petitioner's Agreement to the stipulations be accepted; and that the
CAPC Finding of Fact be filed for the record.
*
*
'.
*
*
*
*
*
*
* *
*
November 4, 1980
RESOLUTI ON 80- 246 ^PPO I NT! NG ADOI TI ONAl MEMBERS TO THE NEW HORIZONS
fl1l1ENS ADVISORY COMMITTEE - ADOPTED
Ms. Sondra Yates, Community Block Grant Coordinator, recalled
that at the previous week's Board meeting Resolution 80-232 was adopted
with regard to establishing a New Horizons Strategy for Fair Housing in
Collier County and appointing a Citizens Advisory Committee pertaining
thereto. It was the Board's desire, continued Ms. Yates, that addit10n-
al members be appointed to the Committee for the purpose of having County-
Wide representation. Pursuant to this request, Ms. Yates said that the
following persons, all of whom have agreed to serve, are being recom-
mended for appointment:
1. James Houston, Vice President of Naples Federal Savings
and Loan.
2. James N. Foohey, Executive Officer, Marco Island Board
of Rea Hors.
3. Mrs. Betty Humphries. League of Wo~en Voters.
4. Mrs. Beverly Kueter, CETA Program of Naples.
Commissioner Archer moved, seconded by Commissioner Pistor and
carried by unanimous vote, that Resolution 80-246, appointing additional
members to the New Horizons Citizens Advisory Committee, be adopted.
*
*
*
*
*
*
* *
-............
November 4, 1900
RESOLUTION 80-247 AUTHORIZING STAFF TO FILE APPLICATION FOR FY 1981
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS - ADOPTED; CHAIRMAN AUTHORIZED
TO SIGN NECESSARY FORMS AND DOCUMENTS WITH REGARD TO APPLICATION
Ms. Sandra Yatcs, Community Block Grant Coordinator, approached
the Board to rcquest authorization to procecd with the preparation
and submission of II11l10ka1ce Community Development Block Grant applica-
tion for Fiscal Year 1981. Referring to thc matcrial presented for
Board review, Ms. Yates said that the following activities are being
planned in conjunction with the Grant:
1. Strcet Paving (East Delaware Ave. Extension and
S.',4o 11 th Street, Immoka1ee)
2. Housing Rehabilitation (41 additional units)
'-~
3. Rehabilitation of the Neighborhood Ccnter, School
Drive, Inrnok~lee
4. Demolition (3 unoccupied units)
She said that these activities are the result of two on-site visitations
to Immoka1ee by two officials of HUn and following two hearings in this
regard. Ms. Y~tes reviewed the budget in detail regarding the specific
projects, inc~uding the administrative costs involved. The total pro-
posed request, shc_continued, is ,for $492,480, just below thc ceiling
of $500,000 for the type grant being pur~ued. It was suggested by Com-
missioner Pistor that the entire $500,000 be applied for since it is
possible that some of the estimated costs could be low, with Ms. Yates
stating that this could be done by showing the rehabilitation of the
Neighborhood Center at a higher cost than what is shown in the present-
ation because it is possible that when thc work is done the cost could
be higher on that project, or on the other phases of the rehabilitation.
Commissioner Wimer inquired if the sub-standard units are all
single-family with Dr. Danny Crew, Planning Director, stating that,
under the new Grant Guidelines, HUn Regulations state that multi-family
units must also be addressed. He said that contacts have been made
with three banking institutions in the area who have all agreed to join
in the venture and work out a type of a loan program in conjunction
with the Program, possibly paying something on the interest or making
(1~~ ","-''l.~~
BOOK 056 p^cE'334
Novcmber 4, 1980
a subsidized interest rate, but making the major portion of the money
comc from the private sector. He said that IlUD has indicated that
such an approach, in addressing the multi-family units, is a good one.
COlrrnissioner Wimer said that he will not, vote to enrich "somc slum
lord" and that he "likes to help people help themselves". Dr. Crew
said that they would not give a loan to such persons. commenting that
the Committee has taken a firm stand in this regard. Ms. Yates also
pointed out that there are three duplexes involved, which are owner-
occuried - renting out the other unit, all of whom have income well
below the income level, and that, under the Grant provisions they
are currently working on, the housing code must be enforced for multi-
family, as well as for single-family dwellings.
Commissioner Wimer moved, seconded by Commissioner Pistor, that
Resolution f30-2H. authorizing the staff to file an application for
FY 1981 Community Development B1uck Grant Funds and authorizing the
Chairman to sign the necessary forms and documents pertaining thereto,
be adopted.
Fiscal Officer Harold Hall, noting that he was unaware that bor-
rowing from private institutions was involved, in~uired about the
B~ard's liability - who would repay the loan. Dr. Crew said that the
transaction is strictly between the individual and the bank. If the
Program sponsors do anything it would be to subsidize the interest
rate which wou1c be a lump-sum paymnet, as is the Grant, said Dr. Crew,
citing examples of the income qualifications which are required.
Responding to Chairman Wenzel's inquiry about investigating income,
Ms. Yates said that this is done by the Program sponsors by way of
checking income tax statements and Social Security income, pointing out
that tile bank~r making the loan has a wider range of cheCking than does
the staff, i.e. credit reports, and like sources.
Mr. Hall asked that the record reflect that the Board has no lia-
bility with regard to repayment'i of loans made by private institutions
in any of the projects.
Upon call for the question, the motion to adopt the pertinent .
resolution was unanimously carried.
*
800K 056 rACE '350
Novcmber 4. 1980
RESOLUTION 80-248 TO RECOVER FUNDS EXPENDED BY COUNTY TO ABATE PUBLIC
NUISANCE ON LOT 33, Gl.OCK 35, UNIT 6, NAPLES PARK - ADOPTED
Commissioncr Ar~her moved, seconded by Commissioner Wimer and
Ulldfl i 1Il0US ly ca rr I ~d, Lhd L Reso 1 u Lion 80-248 to recover fund:: expended
by the County to abate a public nuisance'on Lot 33, Block 35, Unit 6,
Naples Park, owned by Gertrude Costello, be adopted.
*
*
*
*
'*
'*
'*
*
* 1r
*
~oox 056 PACE 352
November 4, 1980
CARNIVAL PERMIT NO. 80-3 - APPROVED FOR ISSUANCE TO NAPLES JAYCEES
fQill.!.!:!G APPROVAL BY HEALTH DEPARTMENT
Commissioner Archer moved, seconded by Commissioner Pistor that
the Carnival Permit requestpn hy the Naples Jaycees be approved with
the stipulations that no problems are encountered dS far as the Health
Department is concerned.
Mr. Mike Zewa1k. North Naples Civic Association, voiced his ob-
jection to the organization continually flaunting the terms of the
pertinent ordinancp. by not complying with the time limit for filing for
a permit, suggesting that the permit be denied in the future. Chairman
Wenzel instructed the County Manager to inform the organization, by
lettp.r, of the terms in the ordinance.
Upon call for the question, the motion was canied unanimously.
*
, *
*
*
*
*
11
* *
11
~OOK 056 PACE '35~
Novcmber 4, 1980
STAFF RECOMMENl:'ATION FOR TF.RMINATING LEASE AGREEMENT BETWEEN TIlE COUNTY
AND B & B FLYING SERVICE AT IMMOKALEE AIRPORT - APPROVED
Comnlissioner Brown moved, seconded by Commissioncr Archer and
un~nimous1y c~rried, that the Lease Agreement between the County and the
B & B Flying Service at the Immoka1ee Afrport be terminated, pursuant to
the recommendation set forth in the Executive Summary dated October 22,
1980, and for the reasons set forth therein.
CORRECTIVE QUIT CLAIM DEED FOR A 20' WIDE EASEMENT LOCATED WITHIN LOTS 2
AND 3, BLOCK A, BAKER-CARROLL POINT, UNIT NO.2 - APPROVED FOR CHAIRMAN'S
SIGNATURE
Commissioner Archer moved, seconded by Commissioner Pistor and
unanimously carried, that a Corrective Quit Claim for a 20' wide Ease-
ment located within Lots 2 and 3, Block A, Bake.r-Carroll Point, Unit No.
2, correcting the legal description contained in the Deed dated September
11, 1979, be aop~oved for the Chairman's signature, as contained in the
staff recommendation dated November 4, 1980.
."
."
."
'It
."
."
." ."
."
November 4, 1980
CANCELLATION OF BID 1440 AWARDED TO TRAIL TIRE - APPROVEOj BID RE-
AWARDED TO SECOND lOWEST BIDOER (AIRPORT TInE & SERVICE, INC.)
Purchasing Director Frank Wil~ox reported that he has been
informed by the President and Owner vf Trail Tire that he cannot
service the contract awarded with regard'to Bid #440 for the pur-
chase of automobile and off-the-road equipment tires due to hls lack
of road trucks and personnel, and that the vendor would like to be
relieved of the contract. Mr. Wilcox said that he has contacted
the next lowest biddcr, Airport Tire & Service, Inc., who has agreed
to honor that firm's bid; however, said Mr. Wilcox, the bid is 2~%
higher than the original low bidder.
Commissioner Brown moved, seconded by Comissioner Wimer, that
the Board authorize the cancellation of the award to Trail Tire and
re-award Bid #440, as detailed above, to Airport Tire and Service,
Inc., 1271 Airport Road, Naples, Florida in t.he amount proposed during
th~ bidding.
County Attorney Pickworth inquired about the dollar benefit the
County is "laying on him" by allow~ng the vcndor to reject the con-
trqct. Mr. Wil cox reitel"a ted the reasons why the vendor cannot hono"
the contract and said that it is his understanding that the vendor
may lose his franchise with Goodyear, noting that the tires to be
supplied by the second vendor are also Goodyear. He said that, first
of all, the supplier did not sign the contract, and when he (Mr. Wilcox)
followed the matter up, he was given the aforesaid reasons why he could
not honor it. Mr. Wilcox said that a bid bond is not required and the
contract not signed even though it wa~ awarded. He added that the
vendor could be taken to courtj however, the difference between the two
bids is only 2~%. It is his understanding, continued Mr. Wilcox, that
the State Contract price is cost and the dealership receives a 7~
"break" from the company for handling the sales of the tires. Conse-
quently, ~aid Mr. Wilcox, the vendor is losing 2~ on every tire he sells
to the County.
""". n.~R ",^-'4')~.,
eoax 056 PACE '358
November 4. 1980
Attorney Pickworth conmented that there was a legal contract
when the bid was accepted and a legal right to have the tires de-
livered at the stated amount. If more money is going to be involved,
said Attorney Pickworth, obviously the individual is getting a benefit
to that extent. The reason should be in the record, said the Attorney,
as to the reasons why the Board is taking the action it is taking and
if, in Mr. Wilcox's opinion, it is a wise decision in the ultimate
public interest of the County to make, then the recommendation could
be made.
Chairman Wenzel ca11~d for the question and the motion on the
floor carried 4/0, Commissioner Archer having temporarily left the
rr.eeting.
ROUTINE BILLS - AUTHORIZED FOR PAYMENT
Commissioner Pistor moved, seconded by Commissioner Brown and
carried 4/0 with Commission~r Archer not present, that the bills,
having been processed following established procedure with funds
available, be approved for payment as witnessed by the following
checks issued from October 2~, 1980 through November 4, 1980:
Bce Payro 11
CHECK NOS.
1363 - 1575
4363 - 4532
ACCOUNT
COUNTY CHECKS
ESTABLISHMENT OF ESCROW ACCOUNT FOR USE IN BLOCK GRANT PROGRAM -
APPROVED
Fiscal Officer Harold Hall requested Board concurrence on the
establishMent of an escrow account to use in the County's Block Grant
Program. He said that, reather than writing a check to the contractor
upon completion of the contr'dct and get a drawdown from the Federal
Program, upon the signing of the contract for the work, a drawdown
is obtained from the Federal Program, placed in an escrow account in
the name of the recipient of the services, and then' paid upon completion
of the contract. Mr. Hall said that this would be an aid to the Com-
munity Block Program.
l.._ .1
November 4, 1980
Commissioner Pistor moved, secondp.d by Commissioner Brown and
carried 4/0 with Commissioner Archer not present, that the proposal
outlined by Mr. Hall be approved.
STATUS REPORT RE PROPERTY APPRAISAL ADJUSTMENT BOARD HEARINGS PROVIDED
BY FISCAL OFFICERj BOARD APPROVES EXPENDITURE OF UP TO $1.000 FOR
EMPLOYMENT OF MASTER APPRAISER TO HEAR CERTAIN APPEALS
Fiscal Officer Harold Hall informed the Board that approximately
235 appeals have been submitted for hearing before the Property Ap-
praisal Adjustment Board from individuals and firms and that it appears
that such he?rings will require three days - November 12, 13 and 14,
1980. He askcd the Board's opinion with regard to having one or two
evcning hearings - Wednesday evcning and possibly Thursday evening,
Novembcr 13th and 14th respectively. Commissioner Pistor stated that he
would prefer to work on Saturday with Commissioner Wimer commenting that
he would dislike working at night. Mr. Hall ex'lained that the final
budget hearing and the establishment of the millag~ can be done as early
as November 17thj however, with th~ load on the Adjustment Board, it
appea rs tha t it wi 11 take nlore than three days to comp1 ete them. The
results of the hearings could have some impact on the adoption of the
final budget if therc arc some significant adjustments made by the
Adjustment Board, said Mr. Hall, which the Board may wish to consider
when making their determination.
County Attor~ey Pickworth pointed out that the Statutes provide
that a Special Master can be retained to hear any or all of the petitions.
Thcrefore, said Attorney Pickworth, it is his opinion that the easiest
approach to take woulrl be to authorize up to $1,000 to obtain a Special
Master to hear the appeals, particularly the corporate appeals. Such
person can hear the appeals and render an opinion to the Board, said
Attorncy Pickworth.
Commissioner Brown moved, seconded by Commissioner Wimer, that the
recommendation of the County Attorney be approved.
Following a brief discussion about which appeals will be heard by
the M~ster, the motion was carried 4/0 with Commissioner Archer not
present.
,...........
.'" ,..n
BOOK 056 PACE '360
November 4, 1900
BOARD APPROVES lE^VE OF AnSENCE FOR BUILDING M^INTENANCE EMPLOYEE
ROBERT N. SCHULER FROM 10/20/00 TO 11/18/80
Commissioncr Pistor movcd, seconded by Conmissioner Brown and
carried 4/0 with Commissioner Archer nuL present, that the rcquc:;t
for a leave of absencc for Building Maintenance Employee Robert N.
Schuler, from October 20, 1980 until November 18, 1980, pursuant to
recommendation by staff, be approved.
REQUEST FOR ENFORCGit:NT OF LANDSCAPING ORDINANCE WITH RESPECT TO
OFFSTREET PARKING REQUIREMENTS FOR BUSINESSES BY COMMISSIONER WIMER -
APPROVED
Administrative Aide to the Board Mary Morgan referred to the
memorandum dated October 16, 1980 from Commissioner Wimer to the County
Manager with regard to the enforcement of the landscaping aspect of the
Zoning Ordinance wherein it is suggested that an approach could be worked
out so that the Certlficates of Occupancy ar~ nnt issued until the land-
scaping is completed; or if it is not done, then a bond would be posted
to insurc that the firm does comply with the ordinance provisions.
Community Development Administrator Terry Virta agreed that in
terms of actual enforcement the Zoning Department may have been some\/hat
remiss. This is partially due, said Mr. Virta, to the fact that the
position of Zoning Director has been termed "acting" for a period of
time, pending the approval of the final budget. When the position is
filled, continued Mr. Virta, the enforcement program will become "what
it should be".
Responding to Commissioner Wimer, Mr. Virta said that the require-
ment is being adhered to with regard to completion of landscaping before
a Certificate of Occupancy is issued.
Commissioner Wimer inquired about businesses which have not put in
the required landscaping with regard to parking lots with Acting Zoning
Director Perry stating that they are currently working with three in-
dividual owners who have not complied, citing an example of one business
which has put in landscaping but has permitted it to deteriorate to the
point where it is of no value. He said that because his office does not
November 4, 1980
i5sue Ccrt HI ca tes of Occupancy there have been occas ions when such
Certificates have been issued without the Zoning Department's final
approval.
Following additional brief discussion during which Mr. Virta
said that enforcement will improve and, if businesses which have not
complied an~ should have, whatever steps necessary will be taken,
Chairman Wenzel asked that the staff be requested to follow through
on the matter and to keep Commissioner Wimer advised.
REQUEST FRCM THE DELTONA CORPORATION FOR PERMISSION TO PRESEtiT
ALTERNATIVES WITH REGARD TO PARKING AT THE ROYAL SEAFARER CONDOMINIUM -
REFERRED TO COUNTY MANAGER FOR RECOMMENDATION
County Manager Norman advised that a letter has been received
from Edward R. Oe1sch1aeger, of The De1tona Corporation, dated
October 22, 19~O, requesting that they be given the opportunity to
ma~e a presentation of alcernatJve solutions to parking facilities at
the Royal Seafarer Condominium on Marco Island. Mr. Norman said that
the subject letter does not provide the basis for such reconsideration
but that it is his understanding that some new information has been
prepared.
Community Development Administrator Virta informed the Board that
a new site plan has been received from them illustrating what the
petitioner is intending to do.
At the conclusion of additional discussion, it was the direction
of the Chairman that the matt~r be referred to the County Manager for a
recommendation on whether or not to grant the request.
BOARD APPROVES NOMINATION OF BAY CITY WALKING DREDGE, COLLIER-
SEMINOLE STATE PARK, TO NATIONAL REGISTER OF HISTORIC PLACES -
LETTER TO THIS EF~~CT TO BE SUBMITTED TO HISTORICAL SOCIETY
Pursuant to l~tter dated October 28, 1980 from L. Ross Morrell,
State Historic Preservation Officer, Commissioner Pistor moved, seconded
~y C0mmissioner Wimer and unanimously carried, that the Bay City Walking
Dredge, Collier-Seminole State Park, should be nominated to the National
Register of Historic Places, as suggested in the letter, and that a let-
ter to this effect be furnished the Collier County Historical Society.
aoox 05'6 PACE '362
November 4, 1900
RESOLUTION 80-249 RE PARTICIPATION IN REGIONAL EMERGENCY MEDICAL
SERVICES COUNCIL - ADOPTED; COMMISSIONER PISTOR AND PUBLIC SAFETY
ADMINISTRATOR APPOINTED TO SERVE
Commissioner Pistor explained briefly the purpose of the pro-
posed Regi ona 1 Emergency Medi ca 1 Servi ces Council, pursuan t to the
meeting with regard to the matter held recently in Arcadia, Florida,
and moved that Resolution 80-249, affirming the County's participation,
be adopted. The motion was seconded by Commissioner Brown and car-
ried 4/1 with rhairman Wenzel votiny in opposition.
Conmissioner Archer moved, seconded by Commissioner Brown and
carried 4/1 with Chairman Wenzel opposed, that Commissioner Pistor and
Public Safety Administrator Thomas Hafner be appointed to serve on the
subject Council.
*
*
*
*
*
*
*
*
*
*
* *'
*
November 4, 1980
DISCUSSION OF RESOLUTION ADOPTED BY DE SOTO COUNTY BCC RE BUDGETING
PROBLEMS ANO PROCESS MANDATED BY LEGISLATURE - REFERRED TO FISCAL
OFFICER FOR REVIEW ANO RECOMMENDATION
Brief mention was made of the resolution adopted by the De Soto
County BCC requesting Statute changes du~ to the problems involved
in budgeting process under the pre$ent Statutes, particularly with
regard to the County Prop2rty Appraiser and the County Tax Collector's
Office. Fiscal Officer Harold Hall requested that any action by the
Board regarding the adoption of a similar resolution be deferred
pending his review and forthcoming recommendation.
RESIGNATION OF GEO~GE FREIJE FROM ISLES OF CAPRI FIRE DISTRICT -
ACCEPTEDj APPROPRIATE CERTIFICATE OF APPRECIATION AUTHORIZED
Cormlissioner Archer moved, seconded by Commissioner Pistor and
carried unanimously, that the resignation of George Freije from the
Isles of Capri Fire Control District, effective November 3, 1980, be
accepted, pursuant to telephone message from Mr. Freije to Public
Safety Administrator Hafner November 3, 1980; and that an appropriate
certificate of uppreciation be authorized.
REQUES1 BY PETITIONER ROBERT TUYLS FOR REHEARING OF PETITIONS
CP-80-11C AND R-80-23C - DENIED; BOARD DECISION FOR DENIAL OF
PETITIONS AFFIRMED
Administrative Aide to the Board Mary Morgan apprised the Board
of the receipt of a letter dated November 3, 1980 from Robert Tuyls
requesting a re-hearing of Petitions Nos. CP-80-11C and R-80-23C and,
if the position is ta~en that there are no provisions for such re-
hearing, that the matter be treated as a public petition and scheduled
on a future agenda.
Chairman Wenzel suggested that it is up to the petitioner to con-
fer with the County Manager with regard to the request, making the
observation that no citizen is denied the right to be heard.
County Manager Norman pointed out that the Board has instructed
him to screen such matters as the request under discussion and, unless
there is some dramatic new information and he wishes to file a new
petition, it is his position that he would have no choice but to deny it.
November 4, 1980
BODK 056 PACE '3oB
It was the consensus of the Board that the matter is not the
proper format for a public pctition, whercupon Commissioncr Wimer
moved, seconded by Commissioner Pistor, that the prior decision of
dcnia1 should stand.
County Attorncy Pickworth explained that it is difficult for
the staff to tcl1 a petitioner that he cannot be re-heard because
thc staff is then ~ubstituting itself for the Board. He said that
it has always been his position that such persons have the right to
request the Board for a reconsideration the Board has the discretion
to grant or not. Additionally, said Attorney Pickworth, his office
does not make a recommendation, one way or the other, unless there
wcre some legal deficiencies in the proceedings in which case he
would concur with the recommendation to reconsider for procedural
reasons.
Chairman Wcnze1 pointed out that there must be "some place where
we end" with Attorney Pickworth suggesting that the Board can adopt
that as a policy but that it is not something that he would like to
have delegated to him or other staff members.
Upon call for the question, the motion of denial carried unan-
imously.
LAKE TRAFFORD ME~ORIAL GARDENS DEED NO. 243 - FILED FOR THE RECORD
FOLLOWING RECORDATION
Pursuant to action of the Board January 10, 1978 wherein the
Chairman was authorized to sign various deeds to lake Trafford
Memorial Gardens cemetery lots as the need arises, the following
Deed No. 243 was recorded and filed for the record.
*
*
*
*
* *
*
BOOK 056 P^Cf: '368
November 4, 1900
MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED
There being no objection, the Chairman directed t.hat the
following correspondence be filed nnd/or referred to the various
departments, ~~ indic~tcd:
1. Letter dated Octoher 21, 1980 from W. Tinsley requesting
permission to locate a mobile home temporarily on I-SF-3
zoned property - Filed. CMatter previously resolved)
2. Property Tax Protests received from following:
a) F. Donald Rothermich - 10/27/80
b) Joan M. Billings, M.D. - 10/25/80
c) Gordon Caldis - 10/22/80
d) Ruth M. Hug - 10/24/80
e) Alan C. Russell - 10/23/80
f) roi. C. K. Chappuis - 10/22/80
xc of above to Fiscal Officer; and filed.
3. Letter dated October 31, 1980 from G. E. Carroll,
Carroll, McPeak & Bolesky, Lawyers, re B & B Disposal
Transfer of Franchise to Statewide Environmental
Contractor's, Inc. - xc Public Works Administrator; and
filed.
4. Letter dated October 23, 1980 from Florida Depar~lent of
General Ser~ices transmitting forms re participation in
Surplus Property Donation Program - xc County Manager
[or completicn; and riled.
5. Letter dated October 27, 1980 from Kathy A. Carothers,
Collier County Early Childhood Association regarding
fees being levied by the Health Department - xc County
Manager for response; and filed.
6. Copy of letter dated October 22, 1980 from M/M James F.
Finn to the Collier County School Board protesting pro-
posed sr.hool taxes - xc County Manager; and filed.
7. Letter dated October 26, 1980 from Beat~ice R. Ballen,
Secretary, Collier County Council on Aging, Inc. re
support of Mass Transit System - xc Public Works Admin-
istrator; and filed.
8. Letter dated October 24, 1980 from Douglas G. McAusland
re County Zoning Regulations/Docks-Vanderbilt Beach -
xc County Manager for response; and filed.
9. Letter dated October 27, 1980 from John P. Turner indi-
cating his willingness to serve as alternate member on
the Charter Commission - Filed.
10. Letter dated October 29, 1980 from Alfred E. Kahn, Advisor
to the President on Inflation, re costs of housing through-
out the country - xc County Manager for review and in-
vestigation; and filed.
11. Letter dated October 31, 1980 from Fred J. Stevens, Florida
Department of Commerce re Local op~ion Referendum - xc
County Manager for evaluation and possible action; and
filed.
BOOK 056 PACf'370
Novombor 4, 1900
27. Copy of Dig Cypress nOAin noard minutes of 9/19/80
meeting - ~iled.
20. Copy of Refugee Reports dated October 31, 1900 -
xc County Manager; and filed.
29. Information dated October 7, 1900 from Gerald F.
Thompson, BCC, Droward County, re Constitutional
Amendment permitting water facilities to be financed
through bonds of State of Florida - xc Utilities
Division Director; and filed.
30. P.S.C. Notice re Docket No. 80016l-CI pertaining to
water and sewer utjlity companies - xc Utilities
Division Director; and filed.
31. P.S.C. Notice re Dncket No. 790l17GI regarding the
rule adoption - st0ff assintance in rate cases - Filed.
32. ~.S.C. Nc.ti~e re Docket B00417-GU re petition of Miller
Gas Company for consent to change present rates and
charges - Filed.
33. P.S.C. Notice re Docket 780629-RULE for the petition
of General Development Utilities, Inc. for initiation
of rulemaking proceedings - Filed.
34. P.S.C. Notice re vaLious Docket Nos. with regard to
the applications of Southern Freight Tariff Bureau
for rate increaseq - Filed.
35. Departmental Reports, as follows: (Filed)
a) Golden Gate Fire Department (9/80)
b) Building Department Activity Report (9/80)
c) Zoning Department (9/80)
d) Minutes of September meeting of Golden Gate
:ommunity Center Advisory Committee
e) Building Maintenance (9/80)
f) Minutes of August meeting of Golden Gate
Community Center Advisory Committee
There being no further business for the good of the
County, the meeting was adjourned by order of the Chair -
Time: 12:08 P.M.
BOARD OF COUNTY COMMISSIONERS/EX
OFFICIO GOVERNING DOARD(S)OF
SPECIAL DISTRICTS UNDER ITS CONTROL
ATTEST:
, WltLIAM J. REAGAN, CLERK
"&;
'_B ---~/-i~
'I
, " '