BCC Minutes 11/13/1990 R Naples, Florida, November 13, 1990
LET IT BE REMEMBERED, that the Board of County Commissioners in
for the County of Collier, and also acting as the Board of Zoning
.als and as the governing board(s) of such special districts as
'have been created according to law and having conducted business
'herein, met on this date at 9:00 A.M. in R~I~AR SIIISION in Building
~of the ~overnment Complex, East Naples, Florida, with the
lOliowing members present:
CHAIRMAN: Max ~. Hasse, Jr.
VICE-CHAIRMAN: Michael J. Volpe
ALSO PRESENT:
Richard S. Shanahan
Burr L. Saunders
Anne Goodniflht
James C. Giles, ~lerk; John Yonkosky, Finance
!Director; Wanda Arrighi, Ellie Hoffman, and Annette Guevin, Deputy
Nail Dorrill, County Manager; Ron McLemore, Assistant County
Jennifer Pike, Assistant to the County Manager; Ken Cuyler,
Attorney; Mark Lawson, Assistant County Attorney; Mike Arnold,
Itilities Administrator; Bob Blanchard, Growth Planning Director; John
Boldt, Water Management Director; James Reardon, Emergency S~rvlces
;Administrator; George Archibald, Transportation Services
strator; Frank Brutt, Community Development Services
%istrator; John MadaJewski, Project Review Services Manager; Ken
Baginski, Planning Services Manager; Bob Lord, Wayne Arnold, Ron Nlno,
Young, Ray Bellows, Sam Saadeh, Project Planners; Sue Filson,
~trative Assistant to the Board; and Deputy Byron Tomlinson,
~ff's Office.
Page
CONSENT AGENDA - APPROVED WITH CHANGES
November 13, 1990
Add item 5C, Recommendation to recognize Patricia Lehnhard,
Public Services Division, as E~%ployee of the Month for
November, lggo.
Continue 13A until November 20, 1990, discussion and approval
for Building "J" heating, at the request of the Sheriff's
Department.
Move 14F(1) to 9F(1), approval to secure an IAFC Study Team,
at the request of Commissioner Hasse.
There was discussion to continue item 7A(2), regarding certificate
<~of occupancy for Cypress Landing a/k/a Factory Bay Marina (SDP-89-80);
it was the consensus of the Commission for this item to be
:.County Manager Dorrill stated that item 9H(1), regarding the
~taanclng plan for acquisition and Improvement of the Garglulo pro-
!fy, be heard aa close to 9:30 A.M. as possible to accommodate the
ndtVtd~als Involved.
.County Manager 9orrill requested that Item 9D(2), regarding Change
No. 6 for the "South County Regional Wastewater Treatment
and ancillary costs thereto, be presented; but added he may
~that Staff's recommendation be modified or possibly ask for a con-
~uance of the item at the time it is presented.
~,:" Commissioner Saunders pointed out that item 8B, regarding Naples
p School van, also is to be heard around 9:30 A.M.
#4
!~ OF Iq~OULAR BCC N~ETING OF AUGUST 14 AND 21, 19901WOKESROP ON
~:AU~U~T 22, 1990; S~CI~ ~ETIN~ OF AUGUST 2~, 1990; ~GU~R ~TING
~'[OF AU~ST 28 ~ SE~ER 11, 1990; ~ SPECIAL BURET ~ETING OF
~~,~990 - APPRO~D AS PRESE~ED
Coati. toner S~~ moved, seconded by Co~leetoner Goo~tght
~ c~ted ~t~ly, to approve the BCC Minutes of the R~lar
of AuGx~et 14 and 21, 1990; Workashop of August 22, 19901
Novelat~r 13, 1990
~ttng of Aunt 27, 1990; Regul~ Meeting of August 28 ~nd
11, 1990; ~nd $1~ctal Budget Meeting of September 12, 1990.
S~;RVICE AIIARD$ PRESEIITED
31[ Commissioner ~asse presented Employee Service Awards on behalf of
the Board to:
~ Clemente P/nero, Road and Bridge - 10 years
i~ Gregorto Soto, Equipment Pool - 10 years
Susan M. Cope/and, Utilities ~ § years
~ REC0~NIZED A5 EMPLOY~ OF THE MONTH FOR NOVE~R,
Commissioner Hasse recognized Patricta Lehnhard, Public Services
)lv~sion, as "Employee of the Month" for November, 1990. Ne congratu-
and presented Ms. Lehnhard with a plague and a $50 cash sward.
DISI~NATING THURSDAY, NOVEMBER 15, 1990, AS THE DAY OF
;~T~ ~T ~ZC~U~ S~0~OUT - ADOPTED
Commissioner Volpe presented to Ms. Eva Huff the Proclamation
~signating Thursday, November 15, 1990, as the Day of the Great
:tcan Smokeout.
Cc~a~setoner Volpe ~oved, seconded by CouAs~toner Sh~nahan and
un~ntm~u~ly, to proclaim Thursday, November 15, 1990, ~ the
of the Great Anertcan 8~okeout.
Page 3
November 13, 1990
:ON DF~Z~ATZ~ ~ ~111~ OF NOV'INB~, 1990 A8 IITIO]I~ -ADOPTED
November 13, 1990
VA~ TO lie RrfuRNED TO NAPLES LEADERSHIP SCHOOL AND DECLARED
PROPERTY - APPROVED
John Vaughn, President of Naples Leadership School, explained that
~this school ts an organization to raise money for youth at risk, and
~ts purpose ts to rehabilitate youngsters who are not subject to drug
-alcohol abuse and help get them back into society. He noted that
Naples Leadership School Board has raised money to fund the school
~van which is to be used to transport these young people to Outbound
for further training and rehabilitation.
i¥31County Manager DorrIll explained that tbs van in question is
iclZrrsntly titled to the Board of County Commissioners, however,
this
~roftt organization was not funded by the County for FY 199!
leaving a number of surplus Item. He noted that the van was donated
the County by the Naples Leadership School.
Mr. Vaughn advised that the van was titled under the County's
for insurance purposes.
In order for the Naples Leadership School to title the van ~n
name, Mr. Dorrtll informed that the County will need to declare
van surpluf~.
Co~mtss~oner Volp~ moved, ssconded by Co.missioner Shanahan and
unmnimously, to officially dec/are the van surplus and return
N~I~ Leadership $chool.
· F,I~TXN~ LIN~ OF CREDIT A~]t~EM~NT BY $5,000,000 BET~EN
AND SUN BANK, N.A., R~ARDIN~ TH~ FINANCIN~ Plan FOR
~) X~O~ OF ~E G~GI~O PROPER~ - ~O~D
Assistant County Manager McLemore informed that this is a tem-
.,porary action to extend the County's line of credit and issuance of
b~nds in order to acquire the Oarglulo property. He advised that in
:}r~r to have a purchase and sale agreement it is nece~sary to have
temporary extension line of credit. He explained that the County
two alternatives of financing, one being a private placement bond
~ue and the second is the expansion of the County's line of credit.
Page 5
November 13, 1990
that ~he Bond Resolution will be before the Commission on
December 5, 1990. He pointed out that this is an extension of a plan
that the Board of County Commissioners has already concurred with. He
Bented the letter from Sun Bank to the Board regarding the tam-
In'response to Commissioner Volpe, Assistant County Manager
~e~ore explained that if the bonds are actually sold there will be a
agreement which will need to have the approval of the Board.
Marc Samet, County Consultant, commented that the letter of credit
is presented for approval from the Board as requested and is simply a
to the financing plan that is planned to be pursued which is
:he placement of the bonds.
C~mmieeloner Shanahan moved, seconded by Co--testoner Goodnight
em~ c~x-~led un~nimousl¥, to accept the co~imnt letter from S~ ~
~'to ~~ the Cm~'l existing line of credit from $20,000,000 to
~2~,~,~ ~ a't~r~ ~ele ~d authorize th, C~i~ to exe~te
This ttm w~ brought up later in the ~eeting m%d th~ follo~in~
took place.
}[i~! Co.missioner Volpe stated that after looking over the letter from
Bank that he received this date, he noticed that there are fees of
16,2§0.00, plus legal fees that the County is obligated to pay. He
~sserted that he would like to discuss an alternative to incurring
cost of roughly $7,700. He pointed out that indications are that
'est rates are going down, therefore, he does not feel it
necessary to pay $7,700 for this backup. He stated that he did not
ttnderstand there was a fee when he voted on this item before, and
;ed that it was not brought to the Commission's attention.
Assistant County Manager McLemore alleged that the objective is to
money and asked Mr. Samet to explain.
Marc Samet, Fiscal Advisor, explained that the commitment fee of
ghth point Is to be waived by Sun Bank if the County draws down
least $7.5 million under the existing $20 million credit within 90
Page 6
Novemb~,r 13, 1990
the time the letter is executed. He advised that County Staff
indicated that they plan to draw down between $7.5 million and $10
[1lion so the $6,250 will be waived under these circumstances. He
that the commitment letter does not have to be signed until the
· of the month.
~/-/Commissloner Shanahan summarized that if the original line of cre-
is drawn on the $6,250 will be waived, and the $1,500 does not
~.apply unless there are legal documents that are necessary for the $5
.lion additional loan which may be used but is not antici[~ated to be
; therefore, no money is spent regarding the commitment letter.
stant County Manager McLemore concurred with this explanation.
Finance Director Yonkosky concurred that the County will be
down by only the amount required on the original line of cre-
for projects that have been committed to.
,, .In response to Commissioner Volpe, Mr. Samet explained that in
to secure the Gargiulo property purchase and allow the County to
~proceed with the financing plan in a timely manner, it is necessary to
to the addit~onal $5 million. He noted the Bond Resolution has
~en drafted and will come before the Board by December 4, ~990, and
'the placement of the bonds by Merrill Lynch ie the first alternative
~or financing rather than using the extended line of credit.
Commissioner Shanahan stated that the motion previously made
~'age 7
November 13, 1990
HO, 90--82 RE PETITION R-90-~3, THOMAS E. K'UCK OF HIGHWAY
· INC., REQUESTING A REZONE FROM A-1MH TO A-2 FOR EARTH MINING
,FOR ~ LOCATED ADJACENT TO NORTH RIGHT-OF-HAY LINK ON 43RD
:-&VI3JUK N.H., ONE MILK NEST OF IIOJOKALEI ROAD - ADOPTED tilTH
Legal notice having been published in the Naples Dally News on
24, 1990, as evidenced by Affidavit of Publication filed with
,>.(
(Clerk, public hearing was opened to consider Petition R-90-13
Filed by Thomas E. Kuck of Highway Pavers, Inc., to consider an
~rdinance amending Ordinance 82-2, the Comprehensive Zoning
, by changing the zoning classification of property located
scent to the north right-of-way line on 43rd Avenue N.W., one mile
'of Immokalee Road also known as all of Tract A, Golden Gate
Unit §2, In Section 9, Township 48 South, Range 27 East, from
to A-2 for earth mining.
Planner Lord stated that the above Petition is a companion to
[~Ion PU-90-6 (Provisional Use "b" of the A-2 zoning).
Planner Lord informed that the current zoning of the subject pro-
~y is zoned A-1MH, and the purpose of this Petition t8 to rezone it
A-2 so that a Provisional Use for Petition PU-90-6 of the A-2
ural Zoning District for an earth mining operation may be
dlowed. He commented that surrounding the property to the north and
is vacant land zoned A1-MH and to the south and east is vacant
,ith an Estates zoning. He added that the total area of the site ts
acres and the proposed excavation will create an 86 acre lake with
0 foot depth for a maximum of 2,§00,000 cubic yards to be removed
From. the site. He explained that the proposed excavation will result
.n'53 trips of fill dirt per day, operating 5 days per week. He
tted that no dewatertng or blasting will be allowed. He specified
this project is estimated to be phased out over a 20 y,ear build
period.
Planner Lord noted that access to the proposed project .is by 4$rd
N.W. and connects to Immokalee Road. Ne advised that 43rd
N.W. is an undivided two-lane collector roadway serving proper-
Page 8
', November 13, 1990
les west of Golden Gate Estates. He added that 43rd Avenue N.W. will
~laintained in accordance with Collier County Ordinance 88-26.
Mr. Lord stated that the subject property ts located within the
/Residential area as designated on the Future Land Use
.Map. He indicated that the provisional use is permitted as set forth
the Future Land Use Element of the Growth Management Plan. He
that Provisional Use requests are reviewed in accordance with
;he-criteria list in Section 13.1.d. of the Collier County Zoning
)~'inance 82-2, of which all points are consistent.
Mr. Lord cited that Petitions R-90-13 and PU-90-6 have b~:en
/reviewed by all appropriate agencies of Collier County, and Their con-
cerns and stipulations relating to them are listed and addre~sed in
agreement sheets. He added that the Collier County Planning
on held their public hearing October 18, 1990, and by a una-
f~imous vote recommended that Petitions R-90-13 and PU-90-6 be for-
i warded to the Board of County Commissioners with the recommendation of
Iroval subject to Staff's stipulations. He noted that at the COPC
no residents spoke for or against these Petitions and no correspon-
dence has been received.
· Mr. Lord stated that Staff recommends that the Board of County
~ners conditionally approve Petitions R-90-13 and PU-90-6 sub-
set to CCPC' s recommendations.
· In response to Commissioner Hasse, Transportation Services
Administrator Archibald stated that in addition to building ¢3rd
:~Avenue N.W. to collector standard, the Petitioner is expected to
construct a turn lane complex on C.R. 846 at the intersection with
43rd Avenue N.W. He added that the Petitioner is also required to
establish funds to maintain 43rd Avenue N.W. as well as pay the impact
fee. Mr. Archioald advised that the County reserves the right to
laonitor this project, establish weight limits on the road, and if
~hsre is a problem that cannot be resolved through Traffic Control
Staff and the Board reserves the right to prohibit the use
43rd Avenue N.W. for the removal of material from the project. Mr.
Page g
November 13, 1990
clarified that the County is responsible for the maintenance
the arterial roads which in this case Is C.R. 846, but the
,ttoner is required to pay Impact fees on improving the capacity of
arterial road system to handle the truck trips from this parcel as
as the truck trips from all developments that would be using this
)ute. He emphasized that he feels the County is protected through
stipulations included as part of the Petition regarding the road
Attorney Varnadoe noted that there is a further stipulation
lng that if any of the roads in the area of the property are
for the project, it will be at the discretion of the County which
cludes Wilson Boulevard; and the roads would have to be brought up
collector status by the Petitioner.
In response to Commissioner Volpe, Attorney Varnadoe informed that
;the ~ubJect petition is a ten year project. He explained that the
Ject project is southeast of the Corkscrew Sanctuary and on the
:tnge of the area that the State is trying to acquire through the
:REW Program. He revealed that the State requested certain stipula-
tions be placed on any future use of the property which would allow
them to acquire the property within a one year period from time of
~.nottftcation as to any further use of the property, and this sttpula-
has been agreed to by the Petitioner.
.ii In answer to Commissioner Volpe's concerns, Attorney Varnadoe
~lained that there will be no dewatertng of the property so a berm
be placed around the parcel to be excavated. He stated that of
~he 190 acres approxlma'~ely 50 acres wtll be deeded to the State or
Society as part of the wetland program. He added that
regarding the excavation there are a number of stipulations required
~ro~ the South Florida Water Management District and the County which
Batiafy their concern regarding impacting the water quality.
Attorney Varnadoe stated that in regards to the mention of struc-
in the stipulations, this is standard and that no permanent
Itl~lCtures are planned to be built. He noted that there will be only
November 13, 1990
i::office.
m~m~/mm~sly, to cloee the public hemming.
Om~rtutm~er ~ moved, seconded by Co-~tsstoner Goo~night
~ted un~nt~u~ly, tb~t Petition R-90-13 b~ approved ~ubJt~ct to
8tilmlation~ ~nd that the Ordinance u numbered ~nd titled
and entered Into Ordinance Book No. 41:
ORDINANCE 90-82
AN ORDINANCE AMENDING ORDINANCE 82-2, THE COMPREHENSIVE
ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP
NUMBER 48-27, BY CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED PROPERTY LOCATED ADJACENT TO NORTH
RIGHT-OF-WAY LINE ON 43RD AVENUE, N.W., ONE MILE WEST OF
IMMOKALEE ROAD (CR-846), IN SECTION 9, TOWNSHIP 48 SOUTH,
RANGE 27 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 190 +-
ACRES, FROM A-1MH to A-2 FOR EARTH MINING; AND BY PROVIDING
AN EFFECTIVE DATE.
:1:!~0110. 90-528 R~ P~TITION PU-90-6, THOMAS 8. L'UC~,
~~"f~ ~Y PA~, IRC., ~QUESTIRG ~OVISIOR~ US~ "b" OF
~ A-2 ZO~ D/~ICT ~R ~ MINING ~R ~0P~R~ L~A~D ~JAC~
~ ~ RI~-OF-MAY LI~ ON 43~ A~ N.M., 0~ MILE ~ST 0~
~ RO~ (~-846) .- A~ED S~CT TO STA~'S STI~TIONS
:]7
Page
November 1:3, 1990
DR. DAVID G. ROBINSON, PRESIDENT OF EDISON
RE(I~tRDING PE~NANLq~ CAMPUS IN COLLIER COUNTY - PRESENTBD
i ' Dr. David G. Robinson, President of Edison Community College,
i~dvieed that Collier Gounty's first permanent higher education faci-
lity has begun its development stages. Ne informed that SO acres of
property has been received to build a full campus for Edison
Gollege in Collier County. He stated that bide were opened
week and the approval will be made on November 1§, 1990. He
~ted that the Kraft Gonstruction Company will be the builders of the
eot. He reported that in the last legislative appropriations the
received approximately $8 million for this project and plans
receive about $3 million this next year. He stated that Edison
College has been serving the surrounding communities for 29
and he has been part of the College for all these years. He
ced that the impact on Collier County will be positive. He
that the College is providing 31 technical programs to Collier
employees as well as serving as the initial point of contact
for beginning freshmen. He added that the College serves five
[~oining counties and pointed out that 75% of all the nurses in the
j¢ou/~ty areas are from Edison Community College.
ill Dr. Robinson introduced Dr. Jim Burnette to discuss the actual
ect and present the model of the proposed campus.
Commissioners Shanahan and Hasse both expressed their thanks, and
t~tude fo~ the outstanding work that has been and continues to be
by Dr. Robinson and Edison Community College.
[~ Dr. Burnette presented the model of the proposed campus and
exl~lained that the initial access to the campus will be from C.R. 951.
reported that the initial phase will include the library, classroom
, maintenance building, cafeteria, student center, admi-
~strmtive complex, and an auditorium. He related that the master
ilan ~e intended to accommodate 2000 full time equivalent students.
~'stated that construction is planned to begin January or February
Page 12
· ~. November 13, 1990
He explained that there is a commitment to complete phaue one
J~ne of 1992 because the lease on the temporary buildings the
'e ts using now runs out at that time.
In answer to Commissioner Saunders, Dr. Burnette explained that
one should be completed by 1992 which should accommodate
y 1000 full time equivalent students, and phase two
be completed shortly after that. He Informed that phase two
~tsts of the ~maslum, physical education facilities, and some
facilities. He stated that a firm build-out date for phase
has not been established.
~'~Dr. Robinson related that they would be working with the County's
to obtain the proper permits and so forth to clear the way for
and completion of the project.
iCommisstoner Saunders assured Dr. Robinson oI the Commission's
in this project and in sending the same message to the:ir
~OLUTION NO. 90-529 R~ PETITION SMP-90-2, AGNOLI, BAItBER AND
~, INC., RIIFItESENTING MONTEREY ASSOCIATES, A FLORIDA
PARTI[ERSI~IP, R~(tUESTING SUBDIVISION MASTER PLAN APPROVAL FOR VILLAGES
OF MONTEItEY, UNIT THREE, FOR PROPERTY LOCATED NORTHEAST OF GOODLETTE
ROAD EXTENSION (WITHIN WOODBRIDGE PUD) - ADOPTED WITH STIPULATIONS
~egal notice having been published In the Naples Dally Newi~ on
C~iOc~ober 28, 1990, as evidenced by Affidavit of Publication filed with
Clerk, public hearing was opened to consider Petition SMP-90-2
filed by Jack McKenna of Agnoli, Barber & Brundage, Inc., representing
Associates, requesting Subdivision Master Plan approval for
tllages of Monterey, Unit Three, located northeast of Goodlette Road
Extension (within Woodbridge PUD), in Section 2, Township 49 South,
26 East, consisting of 17.42 Acres.
Ron Nlno, Planning Services, stated that the subject Petition is a
for a Subdivision Master Plan for property located noI.theast
Goodlette-Frank Road Extension with its principle access from
'ange Blossom Road off Airport-Pulling Road. He advised that the
~ed subdivision is part of the Villages of Monterey PUD, (:on-
PACE ~ Pag(: 13
November ~3, 1990
of 79 single family detached dwelling units with zero lot line
'Mr. Nino informed that the Petition has been reviewed by all
Jurisdictional County agencies and ham met with their &ppro-
· Ha noted theft there are stipulations included in the Agreement
~et to which the Petitioner has consented to all these mtipu]ations.
:'Mr. Nino related that the CCPC reviewed this Petition on October
1990 and endorsed it unanimously with no public opposition.
Co~mtssioner Volpe pointed out that there is no provision for
lidewalks within the Subdivision Master Plan.
Mr. Nino explained that since there is no provision for
~et~on they will be included. He noted that sidewalks are a
rement of the platting procedures.
,In response to Commissioner Shanahan, Mr. Nino clarified that
,has recommended the reduction of right-of-way and pavement width
.internal streets.
Jack McKenna of Agnoil, Barber & Brundage, Inc. explained
Volpe that there was an earlier version of the ag::eement
:~ha~ did provide an exception for sidewalks, but that was chan!;ed
~F~OU to the Planning Commission's meeting. He added that it is the
~tionere ~n~ent to provide s~dewalks.
i:~' Co~issioner Vo]pe questioned ~f the entire Woodbridge PUD w~s
b~ect to zoning reevaluation?
Mr. McKenna replied that the pro3ect is considered to be con-
[~tent and lie has a letter from David Weeks of the County's 2rowth
Plaxtning Staff stating this to be true.
~" C~~ Shanahan moved, seconded by Co~issioner Saundlrs and
:~=~x~ed unanimously, that the public hearing be cloaad.
:; Cc~misston~r Shanahan moved, seconded by Co~mtssioner Saunters and
u~nt~ously, to approve Petition S~P-90-2, subject to Staff's
i,~tip~latio~, thereby adoptin~ Resolution 90-529.
56
;~;::/ ' Page 14
November ~3, 3990
NO. 90-530 P~ PrfITION V-90-15, THE BOARD OF DIRECTOI~ OF
~~TIO~
Legal notice having been published tn the Naples Dally ~[ews on
Oc~o~r 28, 1990, as evidenced by Affidavit of ~blicatlon filed with
Clerk, public hearing was opened to consider Patition V--90-15,
'~led by the Board of Directors of Hideaway Beach Association, repre-
the Homeo~ers, re~esting a 30 foot variance from the
~ed te~is court set back of 45 feet from the road to ~5 feet for
~m~ A, H~deaway Beach, Marco Island, Section ~, To,ship 52 South,
26
~r~c Yo~g, Plying Services, stated that the variance is
ed in order to add two tennis courts ad3acent to the existing
courts on the Hideaway Beach Golf Course.
~ Mr. Yo~G explained that tennis courts must face in a North/South
~ct~on in order to prevent the direct sunlight in player's faces
~es ft impossible In this case for the Pet~tioner to adjust
~gle of the proposed courts and meet the required ~etback or
~educe ~he proposed encroachment.
Mr. Young stated that the general intent and purpose of the
foo~ setback for tennis courts prescribed in the Hideawalf B.aach PUD
'd~n~ce is to provide enough space for a substantial land~lcape
He added these buffers are characteristic of the Hideaway
development. He noted that after examining the area Through
~e visits and quality area photographs, staff feels that The intent
~f the ordinance c~ be met withln the requested 15 foot setback. He
[n~ed out that the only area which could possibly be negatively
~ac~ed by the granting of this variance is the driveway and parking
lot for the clubhouse. He added the proposed tennis courts and
~ing are located at a comfortable distance from all ~oadway
tersections. He reported that Staff does not believe thf:s petition
~0 be injurious to the neighborhoodnor detrimental to the public
Page 15
Novemb,.,r 13, 1990
~Mr. Young noted that the CCPC reviewed this petition on October
~8~ 111990, and unanimously recommended approval subject to the stipula-
ions of the reviewing staff. He added that there is no fil3cal impact
,.i~his petition, and it is cons/stent with the Growth Management
Young pointed out that Staff's one stipulation required the
:ittoner to provide a substantial landscape buffer between the ten-
court and Hideaway Circle. He explained that this buffer will be
to provide a visual and audio buffer to neighboring lands and
be in harmony with the landscape buffers characteristic ¢)f the
Beach development.
'In response to Commissioner Hasse, Mr. Young stated that the 15
~°°t' b~lffer appears to be sufficient. He stated that there is a 45
existing buffer between the tennis courts and the residential
and the 15 foot buffer will be between the tennis cou23ts and a
area and parking lot.
Mark Tyson, representing Hideaway Beach Association, informed that
courts will not be lighted at any time.
~eeats~o~er Shanahan ~v~d, seconded b~ Co~ieetoner Vo!pe and
~e~ ~ly, that the public hearin~ be closed.
~ts~toner Shanahan ~oved, seconded by Co--teetoner Vol~e and
~nt~mely, to mpprov~ Petition V-90-15, ~ubJect to Staff's
.[tip~l&tton, ~nd that Resolution 90-530 be ~dopted.
69
November 13, 1990
'.ess, ]l~c~o: 10:30 A.M. - Reconv~n~d: 10:40 A.M. at ~tc~ 't~ ~ Clerk Hof~ replac~ ~ Clerk
OF ~ZLL ~S OR RO~ 24, 1990, ~R CL~ ~, FIX ~ ~Y
~ OF G~D~ - ~O~D
Hr. Bud Korn~e, representing Irene ~abermehl, President of the
~d Civic Association, re~ested the waiver of landfill fees for
one day cle~ up on November ~4, 1990, for the Village of Goodl~d.
w~ t~ ~1~ Cle~ ~ ~ ~ N~r ~4, 1990.
~, .
.,.~
~TX~, ~~ ~ OF ~ ~N~/ZO~N~ DX~'S
7, 1990, a8 eut~ence~ b~ Af~t~autt of ~11catton ft~e~
CleF~, public hea~tn~ was opene~ to conot~e~ Petition A-~O-4,
Lle~ b~ GeoFGe ~. Va~na~oe, ~epFesenttn~ C~ess ~a~ln~
he ~ttttone~ an~ a~8o Atto~e~ Pam Hac'~te who ts ~ep~ese~ t~e
Jacent p~ope~ty o~er. ~e tn~tcate~ tha~ t~ ~e ~ommls81o~ na~es a
that Atto~ne~ Hac~tets c11en~ ha8 sta~dt~ as a~ affec~e~
~o~r~ o~er to appeal any decl~ton affecttn~ her client, her client
~t11,~ happy, but A~torney George Varnadoe's client will not be
He noted that the problems between the two property o~ers
:~1~ ~ worked out between themselves.
~t~ ~rl ~ to ~o I ft~tn~ t~t
George Varnad~e c~ed ~ha~ he does no~ concur tha~
m 000 , [ 75
~..', Fage 17
November 13, ~990
~ Mac'Kte's client has standing, and noted that he w~.ll con-
-to object to same.
County Attorney Cuyler advised that he feels that Ms. Mac"Kie's
~e~lt can file the appropriate documents to get standing for what
he~ enticipate their appeal to be.
~.~Co~missioner Volpe questioned whether Attorney George Varnadoe
have any right to appeal the finding since he is objecting to
County Attorney Cuyler replied that Mr. Varnadoe would have no
~eaSon to appeal until some determination adverse to his interest came
a result of that standing and this will not happen until the appeal
p~esented and some type of action is taken.
.;Attorney Pam Mac~Kie, representing O~Shea~s Restaurant, stated
she prefers to appeal the decision, as it aggrieves her client's
'. She indicated that she prefers not to discuss the merits of
George Varnadoe~s appeal, if he chooses to withdraw or con-
same, but rather to bring her own appeal. She requested that
Commission provide a ruling that her client does have standing and
he may file an appeal of the decision that was granted to the
Bay Marina. She noted that her client owns property adjacent
i~and across the street from the FactOry Bay Project and it is logi-
that if parking is inadequate, patrons will use the closest lot
parking, which is that of her clientfs. She related that if the
Co~m~ssion does determine that parking is inadequate, her client would
an.aggrieved party.
!:~o~is~toner Goodnight stated that she is aware tha~ the peti-
~r is appealing staff's dec~sion, and now it appears that there
been negotiations and staff is comfortable with what w~11 be
'Co~unity Development Services Administrator Brutt advised that
petitioner asked for the issuance of a Certificate of Occupancy
the shell building consisting of approximately ~0,000 SF, and
~ted that the Certificate has been issued. He explained that the
also had applied for a building permit for a 3,100 SF
00076 ag.
November 13, 1990
within the 10,000 SF larger building, and this C.O. has
been granted based on a review o~ the subject property and the
;lication as presented in the amended SDP.
In answer to Commissioner Goodnight, Mr. Brutt reported that the
a~ended SDP was dealt with as a shopping center, but review of the
center requirements, utilization of that building, and
~ment that the developer would not use 30 of his 80 slips in
~arina, the ratio of parking to the useable space was compatible
the ordinance, and noted that the interpretation was based upon
In. answer to Commissioner Volpe, Mr. Brutt affirmed that there is
a~letter of agreement between the developer and the County that the 30
will not be used as rental slips, but merely for uses as access
patrons of the restaurant.
;": Ce~aleetoner R~see seconded ~
;; Co~tssion~r Volpe asked if the effect of th~ finding t~ that the
Co~tssion ~tll hear the appeal of the most
~s ~par~men~. County Attorney ~uyler replied that ~r. Ba~tnskt
isled a letter to ~s. Na~'Kte, resgondtn9
~r~tation and the appeal will b~ baaed ~9on th~ answ~rt~ to those
'y Mac'Kte revealed that she will base her appeal on the
~etter.
Attorney George Varnadoe re~ested that his appeal be continued
'.,~til such time that Ms. Mac~le's appeal Is heard.
~. ~t~r S~rs ~, secon~ ~ Co~issto~r
.itl ltt~ ~c'[t~'s a~al ts he~d.
~ ~ O~ICATION T~B SO~ O~ ~LI~ATOR ALLH -- ~I~ED
Planner Saadeh stated that this petition ts a re.est for an
extension of Provisional Use "b", Section 8.10 (Essential Services) of
November 13, 1990
.Ail District. He reported that the Collier County Planning
=o~iselon recommended approval of this request as proposed.
:Mr. Paul Rodinski stated that he has made inquiries to Mr.
Kersteen with respect to the mobilnet towers that are scheduled for
£ous locations in Collier County, but he has been unable to have
questions answered. He explained that his unanswered questions
to the following: microwaves and the close proximit'~ of people
g tn those-areas and the risk of cancer; electric magnetic
,.fields which cause cancer; saturation areas around the towers; and are
towers permissible 60'-100' from tra~ler parks.
Mr. Rodinski explained that he understands that this particular
is located in an area along Alligator Alley where there are no
but questioned the number of towers that GTE is planning to
'eot in Collier County.
.Planner Saadeh reported that the subject tower is out I~% the
of nowhere and does not affect anyone.
~'i, Commissioner Saunders suggested that staff contact the petitioner
respect to Hr. Rodtnsktfs unanswered questions.
' Nr. Rodfnski related that his television Is constantly being blown
~ut by the tower near his home, and noted that he no longer ts able to
~l~e his radio. He Indicated that the tower that ts being e~ected ts
more than 80' from a trailer park, and no consideration ts given
to the people that live near these towers.
~e~a~ea' 5~under~ ~ov~d0 ~econded by Co~atee~oner Sl~nahan and
u~Mu~l¥, to &pprov~ Petition PU-89-15C, thereby adopting
90-5Sl.
l:'age 20
November 13, 1990
~,~'I~ 90-552, F~ FFTITION PU-90-15, ST~VEN R. ~L, OF A~OLI,
~ ~ ~~, INC., ~S~[N~ COLLIER D~LO~ ~0~.,
~ ~IO~ U5~ ~R ~ ~CAVAT~ON ON ~0~ ~D 600
~ ~ OF ~~ ~0~ ~ 500 ~ ~T OF U.S. 4~ - ~D
Plier Arnold advised that this petitioner is re~estin~ approval
~ prov~siona1 use to allow construction of an 8.85 acre water
~a~eBent lake to serve the previously approved SandridGe Shopping
PUD. He r~ported that the proposed lake excava~ion ts located
thin the bo~daries o~ the proposed Tract 9~ DRI. He note~ that the
~te ~e ~rrently ~improved and heavily forested with A-2 zoning. He
cared that surro~ding uses fnclude the approved, yet to be buflt,
S~drid~e Shopping Center PUD to the South and the West; A-2 zoned
~i~ltural land to the North and the Goll/er Health PUD to the East.
~'Mr. Arnold e~lained that the proposed excavation ~s in conjunc-
tion with ~ approved development and therefore, is consfstent with
~the Growth Management Plan. He remarked that ingress to the site ~s
~roposed to be through the existing SandridGe Shepptng Center entrance
and all excavated material is to be used within the Tract 22
DRI~site.
;' Co~eeloner ~asse noted that there are two lakes along s~de
other ~d ~estioned whether this would have any impact with
to the water ~n that area.
~-' Project ~evfew Services Manager MadaJewskl advised that there
~should be no problems with respect to the water supply. He indicated
{that thfs area fs ~ite hfGh ~n relation to the surrounding land uses.
He.e~lafned that the lake that the petitioner will be digging should
~ to a depth that would cause any concern relative to salt water
[o~.
=o~es~oner Volpe ink,red ae to the amour of fill that is to be
Mr. Steven Ball, representing the Petitioner, advised khat
y 99,000 cubic yards will excavated and will be used on
rite.
November 13, 1990
In answer to Commissioner Volpe, Mr. EadaJewskt stated that appro-
.val of this application will become binding on the DRI.
Planner Nino stated that specific development of the lake was pro-
for in a preliminary development agreement which was approved by
Co~misalon last month.
: Mr. MadaJewskt reported that two questions have been rai,3ed with
~reapect to Items I and 2 of the Executive Summary. He noted that the
Environmental Staff recommended certain stipulations with re,3pect to
creation of the lake. He indicated that the EAC heard this peti-
,on on September 18, 1990, and adopted same subject to the attpula-
,oils with minor modifications. He related that the CCPC he~rd the
Itition and amended the stipulations. He stated that Staff ts
that the Commission make the final decision relat:tve to
these two stipulations.
~i'.il.-i.Mr. MadaJewski remarked that the first stipulation relatos to a
plan. He noted that certain wetland species were to be
ra~°ved through the creation of the lake and Staff recommended that a
'mitigation plan be prepared and that plantings be provided around the
;lake shore to simulate what was previously there and that there be the
creation of a littoral shelf. He affirmed that staff recommended a
mitigation ratio of 1.5 to 1, based on the rules of the SoutI~ Florida
er Management District, but the CCPC elected to reduce that mitiga-
[on to I to 1. In addition, he indicated that staff recommended a 6
itc 1 aide slope in areas where mitigation would occur to allow for
re-vegetation and maintenance, but the CCPC elected to reduce
to 4 to 1.
With respect to the second stipulation, Mr. MadaJewski stated that
[or to the issuance of the excavation permit, staff recomm,nded that
petitioner submit written documentation from Florida Game. and
Fish Commission that the wildlife survey tn the proposed
'excavation area is accepted and approved. He indicated that the
Co~prehensive Plan requires that Staff work with the State.
' Mr. MadaJewskl stated that the developer requests that Stipulation
November 13, 1990
be withdrawn. He affirmed that there have been at least two
tortoise burrows in the area.
Mr. Steven Ball requested that this petition be approved as recom-
by the CCPC. He indicated that the developer is willing to
· ?
at the rutio of 1 to 1, noting that the shoreline will
y be doubled and the same amount of shoreline will be replaced
the mitigation plan. He pointed out there have been no State
concerns, ~nd the only concerns are those that are Staff's opi-
He indicated that he believes that the mitigation that will be
and the slope of 6 to I in the mitigation area is a~equate.
He pointed out that the remainder of the lake would be 4 to 1. He
~ked that there is a manmade borrow pit on site which ha~ been
approximately 20 years.
~';'~i Mr. MadaJewski advised that staff is looking for a good ~urvival
'rate of 80~, and noted that the developer has agreed to post a main-
bond, and if the survival rate does not come up after 1 year
of the excavation, there will be money there for the replantlng.
Commissioner Shanahan asked if perhaps staff's stipulations are
severe since the State has no objections to the 1 to 1 mitigation
also the fact that this is an old borrow pit. Mr. MadaJ~wski
)lained that the Comp Plan requires that DER rules and re~lations
~applied to determine wetland species, and Staff has found that
:here is wetland vegetation on site and, therefore, based th(~ir recom-
~endation on same.
Mr. Ball stated that DER did not c/aim the land as wetlamd vegeta-
on this site. He noted that the site is mainly comprised of cat-
~a~s and this is something that DER would like to see remov,~d.
i~/ Commissioner Volpe asked if Staff's recommendation means that the
area would be §0~ more than the petitioner's proposal, to
Which Mr. MadaJewski replied affirmatively.
Mr. MadaJewski stated that in order for the DER to claim wetland
ction of the site, the land must be connected to the waters of
State. He pointed out that the Comp Plan Section 6.2.9 indicates
:: , Novemb~,r 13, 1990
"wetlands, including transitional wetlands, shall be defined put-
to the current definitions of the Florida Department of
Regulations." He advised that the definition and spe-
Xes liBt has been used to set the claim and the request for the miti-
'.~ There were no other speakers.
: ~im~er ~m~dere ~oved, seconded by Co~i~eloner V~lpe and
!~~ ~Xm~u~l¥, to &ppr~v~ Petition PU-90-i5 with ~ !.5 to ~
~ire~ent, ~ 6 to I ~1~ in the mXtt~tion ~ ~d a
· ~ I el~ ~ ~ ~e~ t~t are ~t miti~tion ~e~, ~ all other
ffi 86
'.~... · Page 24
NovembE~r 13, 1990
~ RI 'TH~ VXLL,A~E PLACE', RE~UESTIN~ MAIVKR OF SDP lIKES
, ' Mr. Rick Maggoner requested a waiver of the fees associated with
the 5DP process for Village Productions which is a non-profit organi-
He advised that the fees total approximately $350.
I~r. Waggoner mtated that the members of Village Productions
~leaned up and converted a shack into a cute little house which will
uued to sell crafts and trinkets that have been made by the people
~f~Goodland. He indicated that the money that ~s made by V~llage
is used to benefit the community: parties are put on for
children during the holidays; and the signs on the water tower and
h~ghway are maintained. He related that members of the Village
'Productions are not paid since they volunteer their time. He
,requested that the $350 in fees be waived.
Commissioner ~asee questioned whether Village Productio~s is
~stered with the State as a non-profit organization, to which Mr.
replied that he assumes so.
Comm~esioner Volpe questioned Mr. Waggoner~s relationship with
~The Village Place". Mr. Waggoner responded that he is a me~ber of
:he Board of Directors of Village Productions which is doing Village
Commissioner Shanahan suggested that Mr. Waggoner obtain and pre-
verification of registration with the State with respect to the
~rofit organization, and come back in two weeks for review.
~:~ It was the consensus of the Commiss~on to follow Commissioner
~s suggestion.
~. ~ME~t~O~, ~P~SENTING SPANK~~ S SPEAKEASY RE 0FF-STI~K:~T
p~ - 0F~-~r~q~l~T PA~KING 0KDINAN~ TO B~ REVIEWED IN JAN~AI~Y~ 1991
Attorney John Emerson stated that he has written a letter to the
Co-~ssion, requesting that consideration be given to amending Section
i~%~2d of tbs Zoning Ordinance relating to off-street parking.
· :: November 13, 1990
Mr. F~erson explained that he understands that prior to 1982,
:here were no specific requirements indicating that conti~uous lots be
the same on which the principle structure is located. He
that his client's property is zoned C-3 and the adjacent pro-
'~erty,= which has been used for parking for 16 years, is zone.d RSF-4.
affirmed that when the ordinance was changed in 1982, it included
.an~age which required the same zoning on the contiguous lot as is
principle lot, and thus eliminates the possibility fcr approval
off-street parking.
i~"Attorney Emerson advised that Section 8.12d.3) of the ordinance
.owe off-street parking within 600 feet of a building, upon con-
.tions that the Zoning Director deems appropriate for the protection
the health, safety, and well-being of the citizens of Collier
,. He noted that there are in excess of 30 business in Collier
County which are utilizing residentially zoned properties for off-
parking, and he believes that it Is in the best interest of the
to amend the ordinance to allow some flexibility in o~.der to
consider these situations on a case-by-case basis.
Commissioner Hasse pointed out that the issue between Spanky's and
adjacent property owner has been a very controversial subject for
Conissioner Volpe recalled that direction has already b,en given
to incorporate a provision in the ordinance which addresses
Emerson's concern.
County Attorney Cuyler af£irmed that the general subject of off-
J~e parking and shared parking have been addressed and the drafts
be presented to the CCPC and the Board of County Commis~ioners
xtn the next few weeks.
."~ Attorney Pam Mac'Kie stated that she will voice her objections
this issue comes before the Conuaission in January.
~i"'i Mr. ~eorge Keller, Preside~t, Collier County Civic Federation,
:~ted that ~f a person has a single family resident~al property and
to use same for a parking lot for business, he would have to
~;.'
98 age
November 13, 1990
'that property rezoned as Commercial. He noted that the adjacent
owner has vehemently objected to Spanky's expanding i~s
beyond the commercial zoning. He expressed that the i~sue of
parking will be opening a can of worms and requested that any
to the ordinance not provide for someone to use someone
8 property as an overflow for parking.
Mr. Bill Shaughnessy stated that he has a project underway on
Island and had three adjacent homesites which would be used for
, but staff denied this in his original eDP presentation. He
[~vised that in order to make his project viable, he had to resort to
'-cover parking which raised the cost of the building by $?00,000.
indicated that any change to the ordinance would create a great
'fil~m~ and the change would not be consistent with the original
~ therefore, cited his opposition to any proposed change to
parking requirements.
f:'Mr. Chester Dobeck remarked that he lives in a condominium with
i~otted lots. He indicated that 3 of the units were turned into a
lot to accommodate motor homes and two wheeled vehiclus. He
;:~, i -
if his condominium is following the legal requirements of the
:;~ Co~tssioner Hasse suggested that ~r. Dobeck meet with Staf:~ to
~iew hie situation.
~ii[[ :] I/ was the consensus of the Commission that the issue as prosented
by Mr. Emerson be considered during the public hearings relatin~l to
~mendments to the Zoning Ordinance.
.~.~TT D~VHLO~ DIVISION ~QU~STING PUBLIC HEARIHG DAT~ RB
.;,~,' ~~ ~A-9~6, ~S TO B~O~ P~ D~LO~ O~t -
P~ner Bellows re~ested that a public hearing da~e be set to
ue ~f Petition DOA-90-6 constitutes a substantial ~eviatlon.
~ f~ J~ 22, 1991.
97
Page 27
November
OF LETTER OF CREDIT TO (~UAP~%NTEE CO~PLXTIOIq OF
:~ ~T ~. 59.393 'P~ RZ~E' - ~~D
Comnity Development Services Administrator Brutt stated that
).~hfs ftem ~s a re,est to accept a Letter of Credit to ~a~ante~ the
~let~on of the Excavation Permit fo~ "Palmetto Ridge". He ind,-
:ed ~hmt this item would normally have been listed under the consent
but tt was ~nadve~tently placed on the ~e~la~ a~enda.
~t t~ ~ti~ N~t lo. 59.303, 'Blmtto
:~ [~-..
Pag,~ 28
November 13, 1990
~,~~ lw.,~]~ C0~$$ION TO#OKL~HOP STATUS OF
Gr~th Plying Director Blanchard advised that during previous
/dls~ss~ons before the Co~ission, it was noticed that the Growth
ement PI~ does not ade~ately address the issue of expansion and
pment of those properties that have been found to be
i~royed" properties under the Zoning Reevaluation process and deve-
orders. He indica=ed that he has issued an interim
.nterpretation of the Growth Management Plan in addition to sending a
of letters to affected property o~ers noting that the changes
existing improvements on pieces of property may result in their
.properties becoming subject to zoning reevaluation.
~. Bl~chard affirmed that Policy 6.9 in the ~ture Land Use
Ele~nt (FLUE) deals with improved properties, and indicated that his
~interpretatAon was based on the premise that properties were deter-
~ined to be improved and therefore, not subject to zoning reeva-
, based on specific improvements that were permitted by a
order for a specific parcel of land.
~i' Mr. Blanchard cited an example of a piece of property that may
Onl~ be ~/2 acre in s~ze, with a 10,000 SF building, and noted that
~Sed on that development order, this is an improved piece of pro-
'. He related that there may also be properties that ar,~ 10,
20 acres in size but still only have a 10,000 SF building on them,
~d Af the development order that al2owed that structure to be built
~eScr~bed ~ha~ entire parcel, ~he entire parcel is considered improved
[pro~r~u under ~he Zoning Reevaluatlon Ordinance.
Hr. Blancha~d e~lained that ~he major points off his lnt~rpreta-
T~on are ~ha~ the ~on~ng ls no~ vested merely because the propert~
~d only those ~s~s and structures ma~ continve that existed
the rise that the propert~ ~as found to be ~mproved ~nles~; ~here
~ ~ existing plan o~ developmen~ In existence at that tim..
Hr. BI.chard advised that the specific wording o~ ~he 1.tter ~hat
~ ~. 4n~ Page 29
November 13, 1990
~ent to the affected property o~ners was: "Until the Board provi-
de~' direction on this issue, the County's position is that s:ny change
the improvements currently on the property or which are incon-
itent with an improved plan of developmen~ ~ha~ was ~n existence a~
.the :time the property was determined to be improved, ~ill result in a
~o i~s improved status, and this change could result in the
~ing subject to Zoning Reevaluation."
~:..:. ~r. Bl~chard reported that there are three redevelopment
ii~ options ~o consider ~hen discussing improved propertie~ that are
zon~ ~d developed inconsistent with the Growth Management Plan:
1. To all~ the existing use to continue but re, ire tha~ any
ch~ges ~ consistent with ~he Plan.
" 2. To all~ the existing use to continue and only allow changes
~d redevelopment that continue the same use and intensity of
development.
~;t 3. Vest the zoning of all properties that are improved and allow
~'~ e~sion and redevelopment to occur consistent with the
;" existing zoning.
4. Allow the continued development of uses inconsistent with the
.",. Gr~th Management Plan.
Mr. Blanchard indicated that other counties have been con~acted to
this issue was dealt with in other Comprehensive Plans that
a~proved ~ the State. He noted that in most cases, this issue
~ not addressed ~cause they have site specific ]and use z~aps which
[ze that al~ existing zoning ~s inconsistent with the Plan.
~ver~ he advised that three counties indicated that dealt with this
~e through pollcAes.
~,] · Nr. Bl~chard stated that one County re~ires a regAstr~,tion
:~stem where ~ers of property zoned inconsistent with the P~an are
to respond In writing describing how the property ~s deve-
He noted that these properties are then placed on a register,
e~s~on ~s permitted to the 21mits of the properties' zoning cate-
~ redevelopment is permitted only to the same uses, density
An~ensitW as As on the register.
Nr. BI,chard e~ressed that Sarasota County established commer-
[a~ ~d industrial "enclaves" which were not identified on their
"' ~UU ~U~~PAGE'~' Page 30
· November 13, 1990
land use ~ap. He revealed that these enclaves vested all
,sting and developed commercial and industrial zoning outside the
~rsmm specifically designated on the map. He stated that expansion of
,. ~ay occur to the extent of their zoning district boundary
zoning changes to any other commercial or industrial category are
permitted. He reported that redevelopment is permitted only for
within the vested zoning categories.
Mr. Blanchard advised that Lee County's Plan does not address
redevelopment, but only post disaster redevelopment. He
that other local Jurisdictions vest existing zoning whether pro-
per~ is improved or not. He explained that Collier County chose not
follow that direction unless the property was ~mproved or had suc-
y completed the zoning reevaluation analysis. He reported
zoning on improved property is vested only to the exten~ that
:he~:~xtsting uses are permitted to continue and, if depending on
faction of the Board, any expansion of those uses. He affirmed that
Plan does not address redevelopment or post disaster redevelop-
Mr. Blmnchard stated that vesting of existing zoning on improved
~ ~er~ would be the most popular among property owners and would be
easiest to implement. He indicated that it would continue to per-
redevelopment of uses that are inconsistent with the Growth
Plan. He noted that not vesting the zoning should result
'the reduction of inconsistent uses and combined with the Zoning
ion Program may actually alter the amount of lncons.[stently
Zoned land in the County. He related that the policy could result in
continuation of undesirable and unattractive uses and may deter
redevelopment of properties since demolition of existing
would result tn the property becoming unimproved and
,Jeer to zoning reevaluation.
~/ ' Mr. Blanchard advised that because development already exists on
the impacts on public facilities are being analyzed based
iexlsting development and zoning. He noted that requiring strict
s.iSte~%cy with the Growth Management Plan when redevelopment is
~ed without consideration of compatibility provisions I~ay result
~ppropriate land use patterns in areas that are significantly
He explained that it may be appropriate to consider a
lic~ decision that vests the zoning to a certain degree for improved
except in the case of post disaster redevelopment.
Mr. Blanchard stated that Staff is recommending the following:
~!i 1. Policy 5.9 of the Future Land Use Element of the G~owth
Management Plan will be interpreted to mean that the existing
.[ zoning of improved properties ~s considered consistent with
the Future Land Use Element.
:' 2. Expansion of existing structures and,uses permitted in the
:> zoning district at the time expansion occurs is pe~mitted
consistent with the proposed amendment to Policy 5.9 of the
Future Land Use Element (i.e. to the extent of the current
zoning district for that particular property on which the
development order currently exists). Expansion is defined as
the enlarging of an existing structure that has been used to
make the determination of improved property and/or the
building of additional structures on the identified property
beyond that currently permitted by a development order.
3. Any voluntary redevelopment of improved property will be per-
mitred within the property boundaries of the current develo-
pment order consistent with the existing zoning provided that
zoning has been found to be compatible with the su~rounding
area. The criteria for this determination will be the same
:~:: as Section 10.6 of the Zoning Reevaluation Ordinance
:; (Ordinance 90-23}. Redevelopment is defined as any change to
existing structures in excess of 50% of either the existing
value or square footage.
~. 4. Any zoning changes to improved property must be consistent
with the Future Land Use Flement as required by Policy 3.1K.
Redevelopment after a na'~ural disaster or fire will occur
consistent with the Growth Management Plan subject to the
compatibility test described above. This will apply to all
development that is damaged beyond §0~ of the replacement
cost at the time the damage occurred.
6. Single family and mobile home lots will be exempt from these
provisions and will be permitted to rebuild in com~llance
~ with the existing zoning district.
?. The Growth Planning Department will prepare any necessary
Plan a~endments to clarify these interpretations and process
'~ them during the Plan amendment cycle beginning January, 1991.
~In answer to Commissioner Volpe, Mr. Blanchard explaine~ that
redevelopment is taking an existing structure and existing
~a that is compatible with surrounding uses, but request is made
Page 3 2
November 13, 1990
'ivoluntarily redevelop that property. He related that if a hurri-
.cane should occur with major damage on existing structures, the compa-
y test has to be met and there is the opportunity to bring
development into conformance with the Plan.
'Attorney Charles Lehman stated that he represents the owner of an
~roved parcel of property. He requested that the Commission not
)rove staff's interpretation. He indicated that the lan~age of
~t&ff"s ~nterpretation varies from that in Policy 6.9 to the de~ree
~t should be considered as an amendment. He noted that Mr.
s interpretation restricts the language since Po]icy 6.9
i~r~ntly allows the expansion of a C-6 use if it is determined as an
property. He cited that he believes staff's interpretation
be rejected since there is no need to amend Policy §.9 at this
~i Attorney Lehman explained that the seven points as recommended by
· Blanchard are liberalized from his interim interpretation, but
are not liberalized from Policy 5.9 as it is currently written.
: Mr. Bl~nchard stated that he is not recommending approval of his
i~nterim ~nterpretat~on. He revealed that it was realized that
[building permits had been issued for single structures on 10~-20~
and the interim interpretation was designed to advise property
)°wnere to be cautious and not to change their existing improvements
tint,1 presentation was made to the Commission. He indicate~ that the
!curr~nt recommendation, allow more flexibility.
County Attorney Cuyler related that some people have taken the
it~on that if there is a l0 acre parcel with one building, that
they can do whatever they desire, once the property is determined to
~roved. He noted that Mr. Blanchard is indicating that Policy
'5.9 can be utilized to build other buildings on the 10 acre~, con-
ent with the current zoning, but the Comp Plan contempl.ates that
property ks ~mproved because that buildin~ is on the parcel.
., Co~ssioner Saunders questioned whether a piece of co~nercial
which is inconsistent with Comprehensive Plan but was built
November
pr/or to the adoption of the Plan, would present itself as vested
'. County Attorney Cuyler replied negatively.
i~).,Com~tesioner Saunders stated that it appears that Mr. Lehman is
that once there is a piece of property with a facility
upon same, the property owner should not be subject to any
in the use, even if It is inconsistent with the Comp Plan.
County Attorney Cuyler stated that Mr. Blanchard has attempted to
come up with an Interim measure that allows people To redevelop.
ese . ]~-~: 12:30 P.M. - Reco~v~ned: 12:45 P.M. at ~hich t~ DepuW Clerk ~u~vin r~lac~ ~W Clerk Hoff~
:~~ ~T 90-7 ~ ~ITION C-90-7, O~ ~ OF ~~ ~, A ~T ~ ~~ ~ C~IV~ ~ N~~ 2I ~OU~
Fr~k Brutt, Community Development Services Administrato]', pre-
'~ented Petition C-90-7, re~esttnG that the Board approve a i~ermit and
of the Surety Bond for ~r Lady of Guadalupe Church tc: conduct
carnival from November 21 through November 26, 19~0, on the
of Guadalu~ Church grounds in I~okalee. He indicated the peri-
has met all re~irements of the Request for Carnival end
permits. He concluded staff recommends approval of this
~'..In ~er to Commissioner Hasse, Mr. Brutt stated that, upon
~ the Board, Staff has developed criteria relative to annual
activities, and this application meets those criteria.
.~t~r ~i~t ~ed, .ec~d~ ~ Co~issi~er Sh~
~i~ 4/0 (~iesi~r S~ers ~t pre~nt), to
~t 9~T, ~ittin~ a c~i~l ~ the ~~ of
~~ ~ch from N~r 2~ thr~h N~r 25, ~9~.
Page
November 13, 1990
COIIT]31U~D FROI~ PRIOR TO REC~S REGARDING THE 8TA~S OF
Rebecca Wallace stated she has purchased the piece of property to
the south of her day care center tn order to expand her operation.
ndtcated there are old structures on that p~ece of property which
be used for day care, however, she p~s to remove them to
n~ ~tldtngs for her business. She now understands that
wtll not be able to tear do~ the old buildings and replace them.
~ Co~tsstoner Volpe stated the existing facllt~tes can be removed
.replaced, providing there ts a finding that the development of
pro~rty as a day care center is compatible w~th the surrounding
~tghborhood.
J. Co~tsstoner Goo~ght stated that Ms. Wallace ts not operating
care on the property tn ~estJon; but has purchased the
Joining l~d to e~and her bus/ness.
Mr. Blanchard reported the properties adjacent to the day care
[~factl~t~ are now developed as restdent~al but are zoned co~erc~al.
~:He e~latned that e~andtng the business will be considered voluntary
pment, which w~ll then re~tre a compatibility exception.
~;.'~r~ra Cacch~one, Growth Planing, advised that an ~endment to
,Co~rehensive Plan allows child care centers ~n the vrban
ed areas. She said the Zoning Ordinance will specify whether
jto permit them in co~erc~al distr~cts or as a Provisional U~e in
d~stricts. 'She ~ndicated in both of those categories,
.1~ care centers w~ll be consistent with the Comprehensive Plan,
a Provisional Use will be necessary for resident~al proper-
~. Wallace questioned if her bus~ness is a v~ct~m of a natural
, will she be allowed to re-build her day care center?
Mr. Bl~chard responded that in a case of a natural disaster,
w~11 be re,fred to occur consistent with the Growth
Plan, and co~erc~al zon~n~ Is not consistent with the Plan
~ November 13, 1990
area. Ne stated, however, Ms. Wallace would be entitled to
a Provisional Use for day care. He also suggested that there
a compatibility test after a natural disaster in order to determine
or not that commercial zoning may be retained.
Co~iesioner Goodnight mentioned that if everything in the area is
~etroyed b~ a natural disaster, there is nothing to be compatible
. i~i Mr. Blanchard indicated that is correct, and in that case, the
in question would have to be compatible with the Growth
Plan.
~tMs. Wallace commented that will result in her being out of busi-
~se after 22 years of operation.
he ~tan~ bv hie ~eco~en~atton~.
t~t t~ ~oa~ nee~ to be mln~l o~ len~e~ ~o nee~ ~ome ~nce
~%~otal ~el~ o~ economic ~cto~ ~o~ ~
Ba~ ~s a mortgage holde~ on, and which
~ed if that property conforms to zoning in the area?
David Weeks, Growth Planning, stated the subject property is part
~of a residential su~ivision plat which has been determined to be
Improved based upon infrastructure provisions being in place. He
therefore, redevelopment of that property would be allowed so
~]°n~ ~ the infrastructure was not changed.
~ld Perrenoud, representing a client who has property on the
corner of Greech Road and Good/ette-Frank Road, stated this particular
'o~r~ is currently zoned LI. He said his client, prior to ~ny of
~As~sion, w~ted to tear do~ the existing structure, which
~ eyesore, ~d replace it with a new building to continue opera-
[on of hie business as he currently does. He stated the issues being
November 13, 1990
~sed today have posed problems for his client, because tearing
the present structure will require a compatibility review. He
~id this will also put his client tn a position of having undeveloped
property for a period of ttme. He indicated the o~ner ts particularly
~ed w~th ht~ image in the co.unity and does not feel the
st~cture represents him well.
~. Bl~chard stated this example touches on several points of his
,~re~r~. He said the ~ubJect property ts improved, however, what is
~:~n~ pro~sed is a voluntary redevelopmen~ and under ~he reco~en-
'dat~ons, would re.ire a compatibtllty test to determine whether this
t~lar use would be allowed to proceed. He also s~ated thi~ is a
ex~ple of the concern he had when he did the interim lnterpreta-
~cause if Mr. Perrenoud"e client had demolished that s~ructure,
~ ..~estton would have arleen whether it become~ unimproved property
.subject to zonlng reevaluation. He said this ts the do.side of
presentatlon, because there may be properties tha~ do not redeve-
~e tO this isle.
C~ty Attorney Cuyler stated property o~ers may ask for a com-
9tibtlity test in advance of doin~ any work on their properties so
will how what their status Is.
1,~. Bl~chard agreed, addtn9 that is what he will encourage.
Mr. Perrenoud remarked the larger issue ts that there ts an
;~w~ted st~cture tn the community tha~ will be patched together and
re, tn for an Indefinite period of time because of these re~latlons.
C~ty Attorney Ouyler stated this is a very difficult polt~y
~ctSion for the Board. He said there will always be people asking to
replace unsi~htly butldin~s to better enhance the co,unity while at
s~ tt~e, Staff is atte~pttn~ to lead the Board into County-wide
:olpltuce with the Growth Management Plan. He commented that, unfor-
y, those two Issues do not always coincide.
'.' Attorney Donald Pickworth proposed changing No. 3 of the Staff
~eco~endations to the following: "Voluntary redevelopment of
~r~ed property will be permitted within the property boundaries,
~ - PAG[ Page 37
November ~3, 1990
;tent with the zoning existing as of Plan adoption." He indi-
the reason for this change is there are many older properties
~.that do not have site development plans or PUDfs. He also suggested
~making a compatibility determination on properties to be re-
loped is not necessary, because there is an implicit standard
says it cannot be incompatible. He stated his final suggestion
be to add at the end of the final sentence in No. 3 the words,
removal of such existing structures" in order to clarify what is
}included in the definition of redevelopment.
Commissioner Saunders asked if Collier County has a policy that
zoning is vested for improved land, even if that zoning is
~ncor~istent with the Comprehensive Plan that was approved in January
19se, can the County at a later date un-vest what was vested with
the adoption of the Plan?
.:'County Attorney Cuyler responded that he has interpreted that,the
was not vested for all time. He said the vesting must be read
the context of what it is vested for, i.e., if the zoning le vested
allow expansioil of improved uses to the boundaries of the property.
stated the question then becomes, what happens if the property
unimproved either voluntarily or by an act of nature? He said
his opinion, the Plan is silent regarding this issue.
Commissioner Saunders asked that Policy 5.9 be read for
clarification.
'Mr. Pickworth read the following, which is how it currently is in
Plan: "Properties which do not conform to the Future Land Use
'Element but are developed or are found to have vested zoning rights
the zoning reevaluation program described in Policy 3.1K
be deemed consistent with the Future Land Use Element. These
g properties shall be allowed to expand to the e~:tent of
existing zoning boundaries and zoning standards in exist:ence at
-t~e of Plan adoption." He noted that an amendment which is
~urrently under review at the State level will change the woful
to "improved" and also eliminate the last sentenc~.
November 13, 1990
Attorney Cuyler stated the Board determined at the time of
adoption that it would give certain rights to people with
property. He said those rights consisted of allowing I)
:tures to remain, and 2) expansion to the limits of the property
.th'Those same types of uses. He indicated the argument being made
it,this meeting is that the Board went the further step and said that
zoning on that property was for all time, whether or not it was
or unimproved in the future. He stated that Po/icy 5.9 deals
~:wtth improved property.
..~'David Spencer, representing the Naples Area Board of Realtors,
~ted the financial impact of this issue will be enormous to a
deal of property owners in the event of a natural disaster. He
Lted the idea behind the Growth Management Plan is to build a com-
that will be a pleasant place to live in and to look at. He
~td what is being proposed at this resting has an adverse affect on
owners redeveloping their properties into more aesthetically
~leasing parcels. He concluded by asking the Board to take into con-
!~ideration both redevelopment and natural disaster, and establish this
to be as liberal as possible so that landowners can continue
livelihoods and improve properties tn the community that need
~rovement.
Commissioner Volpe suggested that property owners should have the
[ght to redevelop their properties after a natural disaster.
Mr. Spencer concurred and stated that in the event of a n~tural
id~saster, owners would not only lose their property but would also
their ability to use it In the way they had to earn income.
Attorney Bruce Anderson communicated that in his opinion, this
on is a very significant and unwarranted breech of the
iinal basis of zoning reevaluation. Ne stated improved properties
deemed consistent, therefore not subject to zoning reevaluation.
iHS said they will now be subject to zoning reevaluation if repairs
~re ~de in excess of 50~ of the value of their existing structure or
building is destroyed by natural disaster. He indicated this will
Page 39
November 13, 1990
not only com~ercial properties, but multi-family structures as
He commented that it is a cardinal rule of statutory construc-
that when a law is clear on its face, there is no need to make an
~retation, and zoning reevaluation is very clear. He asked if
~le are going to be subject to zoning reevaluation, why l~mtt it
only compatibility exceptions? He clarified if a developer has
~lt a shopping center and dedicated extra right-of-way for a County
and the shopping center burns down, he ought to be able to apply
or an exemption from zoning reevaluation to rebuild. He stated as
POlicy is written now, he cannot do so. He questioned if someone
denied the right to redevelop, will the County refund impact fees?
Attorney John Brugger stated that this policy interpretation will
d~rectly affect the financing and marketability of laud throughout the
~Co~lt~. He said banks have relied on zoning being vested to make com-
He remarked if zoning is lost due to destruction, proper-
.carmot be rebuilt and, therefore, also cannot be sold.
~'-~ Mr. Blanchard indicated he continues to support the direction
:o~a~aended by Staff that redevelopment, unless compatible, will be
~ons~stent with the Growth Management Plan. He added that no matter
kind of redevelopment is proposed, Staff will advise following
Growth Management Plan which recommends limlting development in
:oastal high hazard areas, and Staff would be remiss if they did not
a methodology to accomplish that goal.
Alan Ru~olds with Wilson, M~ller, Barton · Peek, co~unicated
w~n ~he Gr~th Management Plan was adopted, the County took a far-
step by saying that undeveloped but zoned properties thai
~re not consistent w~th the Pl~ would be rezoned, and developed pro-
.~t~ee ~u~d be deemed consistent. He stated that fact addressee al~
of the ~s~es beln~ d~scussed, because these properties are treated
s~e ae ~y other consistent properties on the FLUE map.
Cowry Attorney Cuyler d~sagreed, stating the reason these proper-
are consistent is because they are improved and ~ff the~ become
,
November 13, 1990
they are no longer consistent.
i'!~ Charlotte Westman, representing the League of Women Voters, asked
if the present coastal construction set-back line supersedes any pre-
L°rs ones?
B~arbara Cacchtone stated tha~ in 1974, Collier County adopted a
construction control line and the Department of Natvral
(DNR) has adopted another line further landward, Mad ~n bet-
those two areas is a permitting function of DNR. She said it is
a prohibition of types of land uses.
Ms. West~an indicated the new line dissects some of the existing
',b~li~dings along the coast. She concluded by urging the Board not to
~r~ook the impacts natural disasters may have in this r~gion and to
~=ontinue informing residents of the possible hazards.
~ Attorney Kevin Coleman with Cummings and Lockwood, stated his firm
~resents several clients who own old, worn-out buildings that are
ected by Staff's interpretation of this policy, He reported his
fir~ believes the County's Comprehensive Plan is clear that improved
~ties are consistent and, therefore, should be able to be redeve-
and expanded. He said if the Board disagrees with thi~ conclu-
the proper method is to proceed with a Comprehensive Plan
!< Danny Brawley commented he owns C-4 zoned property upon which he
<.ha~ operated a business for the past 20 years. He stated he has no
rement plan other than to be able to sell his piece of commercial
~roperty to someone else who will be able to use it in the same
~al%ner. He indicated that his property may now become useless if a
natural disaster strikes, which will not only take away his investment
but will now put him out of business because he cannot meet com-
~l)atib~ity rules. He appealed to the Board to take due care in
~ing in mind the small businessmen in th~s community.
Co~missioner Volpe asked Mr. Blanchard if improved parcels of land
be required to go through the same process as those with the same
l~ng~h~ch are not improved?
~age 41
Novembe~r 13, 1990
i~ Blanchard responded that if the parcel becomes totally
L..eproved, that is correct.
iCo~m~ssioner Volpe suggested that in the case of a natural
lsa~ter someone with an improved piece of property should be allowed
in order to continue in business. He stated the Board
i:eh°uld consider an adjustment in the policy to address those concerns.
Joel Whittenhall, representing SunBank, referred to Iten: No. 5 of
the Staff recommendations with regard to redevelo~,ment after a natural
He stated that, historically, banks lend 80~ of either the
or the appraised value of a property, whichever is less. He
that in Naples a good portion of that value is land. He indi-
that this policy will make it very difficult for barks to con-
to lend money because if a parcel cannot be rebuil~, the bank is
left with a mortgage on a piece of property that has lost its value.
Commissioner Goodnight made the following suggestions regarding
seven recommendations of Staff: #! should remain in its entirety;
I~2 should include on1¥ the first sentence; change #3 to read, "Any
~V01untary redevelopment of improved property will be permitted within
'~he property boundaries"; #4 should remain as written; #5 to read,
redevelopment after a natural disaster or fire will occur con-
with the current Po/icy 5.9 of the Growth Management Plan";
· 6 and ~? to remain as written.
~, Co~lesioner Volpe asked Mr. Blanchard what his interpretation is
the ~ffect of these suggestions?
Mr. Blanchard replied that he would interpret these changes to
~ean that existing zoning would remain and would permit any type of
,pment. He stated his belief that these suggestions would, in
, vest the existing zoning un/ess a future Growth Management
changes the zoning, and that redevelopment would be
~wed based on. that zoning category with any permitted uses within
hat category.
Commissioner Saunders suggested leaving #3 intact with the excep-
of the word "voluntary" and delete #5 entirely.
~age 42
November 13, 1990
~°a~isetoner Volpe commented the Board may also wish to consider
~hat if a person has deeded to the County a significant right-of-way,
he be given some consideration for an exemption to entitle him to
his property with what had been the current use.
In anm~er to Commissioner Saunders,' Mr. Blanchard stated that
Section 10.6 of the Zoning Reevaluation Ordinance deals only with
atibllit¥ exceptions and not with cases of dedications or con-
'Commissioner Saunders articulated his position by suggesting that
Board adopt the Staff recommendations with the following changes:
#5 be deleted in its entirety and that the issue of redevelopment
~mfter a natural disaster be taken care of in #3; delete the word
~voluntary" from the first sentence in #3 and change the second sen-
ence to read, "The criteria for this determination will be the same
in the Zoning Reevaluation Ordinance", deleting reference to
faction 10.6; and the remaining recommepdations will remain the same.
Comissioners Volpe and Shanahan both indicated their support of
above changes.
· Mr. Whittenhall asked how these changes will address the issue of
the /ending industry with regard to diminishing property values in the
of a disaster?
Commissioner Saunders responded that these changes will put all
owners on equal footing.
~ Mr. Whittenhall asserted that this will indicate to lenders that
they can only lend on what will be covered by insurance. Hz stated
will close down both the real estate and lending industries.
Commissioner Hasse suggested directing Staff to revise their
~¢o~endations to include the above changes and bring this back for
review.
Commissioner Shanahan agreed that the proposed language should be
i~t together in a format that the Board can review and 9oss[bl¥ con-
it as an amendment to the Growth Management Plan.
Co~missioner Saunders indicated that Staff needs to workshop this
November 13, 1990
with the public and report back on what the implications are
is being suggested.
~Mr.I Siesk~ asked for clarificatio~ of what the interpretation of
licy will be in the interim?
=onissioner Volpe suggested that during the Intervening period,
~.~o.licy, in terms of expansion, should be modified to reflect the
~retation as expressed in ~2 of Staff's recommendations.
', "'~*. ~ ~ ~ t~t a ~blic ~r~hop will ~ ~du~ with
T~ ~ Clerk ~~ r~lac~ ~ Cl~k ~v~n
Co~tss~oner ~asse stated that it has been requested that
~tea be continued ~ttl November ~7, 1990.
~ ~ CO~I~ O~TIO~ AT ~ ~CO IS~
George Archibald, Transportation Services Administrator, stated
the subject Budget Amendment is to ensure continued payment of
to o~rate the Marco Island Airport as an ~nterfm facility
'~o= ~ additional 180-day per~od, pending DNR~s action.
A~tnistrator Archibald noted that included ae part of the
~e~tive S~ary is a budget of 180 days which shows that the revs-
to be in,fred will cover the expenses. He explained the revs-
from the sale of fuel are being relied upon to subsidize the
at the a~rport. He disclosed that during this 180-day
it is e~ected that D~ will provide direction to Collier
'In ree~nse to Co~issioner Hesse, Transportation Services
[nistrator Archibald e~lained that the County became involved
o~ration at the worst possible time of the year which the budget
[~res show from April through Septembe=; however, the projection
~age 44
~t~ithe revenues will improve. He added that there are infrastruc-
i~provements that the County would like to incorporate cn the
~tte. He related that the proposed budget does reflect "a pay as you
pro,ram.
~o~missioner 2hanahan pointed out that in spite of becoming
~n~olved in the operation at the worst time of the year, the County is
the black $?,000.
,.In regards to the operation at the airport, Mr. Archibald
~l&lned that even their Job status is questionable on a day-to-day
the four temporary/full-time employees continue to operate the
twelve hours a day, seven days a week. He noted that a merit
increase is being considered for their excellent service.
i_Co~lssioner Volpe stated that in regards to the temporary{
$54,000 is budgeted which is an increase of approximately
~6,000 over what has been paid the past six months, and questioned
'~ ~. Mr. Archibald advised that there is an additional two weeks
involved in this time period and there is no increase in the number of
~]oyees or salary. He explained that if there is an increase of
in the future, this would be used as the basis for additional
pay for the four employees.
Mr. Archibald informed that there is an ~nsurance policy. He
.:
xplained that the $10,000 transfer was for expenditures to reimburse
313 which was used to subsidize the operation.
':. Regarding the lease sent to DNR, Mr. Archibald advised that no
has been received from them.
4/1 (~~t~r Vol~ o~), to I~
~ti~ of t~ ~co Isled li~rt for
~t~.
':: ~o.tssioner Volpe stated that he ts opposed because the proposal
t~t the lease has been si~ed which allows the
h~ever, it is not ~o~ if the lease has been accepted by
November 13, 1990 i:,,
~I~FT OF ~IOVI~AL R.~Yf.,ATION LOAN
! M~ke Arnold, ~tllit~es A~intstra~or, stated this item ts an
aut~r~zat~on to execute ~ amen~ent increasing the existing DER loan
~a~roxl~tely $$.5 m~ll~on for the East and South Naples Sanitary
Collection System.
~. Arnold crated that earlier this y~ar the Co~tesion appl'oved
for a grant provtdin~ lundin9 for this project. He tom-
tit at the same time Staff advised the Co~tsston that they
c~tinuin~ to pursue additional low-interest State lo~ funding,
~t the f~ding As not anticipated to come through until the Spr~n~ or
of 1992.
'~[~j~Mr. Arnold Informed that given the uncertainty of the Feder~d
DER desires to keep the loan program moving ahead. H~ advised
the lo~ program contains both State and Federal "seed" monies
ongoin~ pool; however, to keep the pro,ram movin~ DER will use
~Stmte ~nles at th~s time. He explained that DER has offered an
)t~on to comities such as Collier County who have ~altfied for
he ~t lo~ funding to e~ther accept available fundlng now or wa~t
for:the full allotment next ~er. He clarified that accepting the
~sser ~ount now does not preclude the Cowry from receiving the
at the t~me when the federal appropriation ls available.
:"', Mr. Arnold pointed out that thls ts one of the poslt~ve steps that
· ~s ~d can be taken by the Co~issioners to further mlt~gate the
.fl~ncial ~mpact of East and South Naples Sanitary Sewer Project on
home--ers tn these areas. He explained that the loan and this
~~nt ~e at the interest rates of 4.25% and 4.23% respectively
=h is ~ch below the market rate at this time.
Mr. Arnold re~ested that the Board accept the offer from DER to
the ex~sttng loan by $3,524,043 and authorize himself as the
ve to execute the loan a~eement on the Board's behalf.
ffi 000 133
,~ Page 46
November .13, ~990
-~t~m~e ~n~h~n'~, ~con~ed by Comml~aton~r ~loodhttght
i.'~ c~x~:l~d mm~n/mou~l¥, to alrprovw th~ ~xecutton and ~t~e~dment to the
~ L~e-Iate~w~t Lo~n ai~r~ement ~ncreutng the loam by
Pai[fe 47
November 13, 1990
~10. 6 TO GULF CO~ISTRUCTORS, XWC. FOR TH~ "SOUTH COUI~
~ ~17,685
Mike Arnold, Utilities Administrator, stated that the facility
.~ently ~deF construction and ~8 nearing a "substant~al" completion
. He ~ndiceted ~hat the~e are two key dates ~e~ardfnQ the
for con8~ction which are "substantial" completion and
Ei~l' completion. He explained that the "substantial" completion
~int where the facility i8 capable of acceptinG, processing and
o~a~e, ~d the "final" ~ompletion date which is six month
to the "substantial" ~om~letion in which time ~he cosmetic
~n~mhin~, paint~n~, etc. would be accomplished. He reported ~hat the
,~ ~ompletfon date of the p~oJe~t ~ scheduled fo~ April
' ~. ~o~d ~elated that the p~oJect had been on s~hedule until the
~.Pre-o~mFt up testing phase in early September when the Utilities
.vision perso~el noted some cracking in one of the major tanks on
~he pFoJect site. He ~e~or~ed that the cra~kinG was discussed with
~he contractor, Gulf Constructors, Inc. (Gulf) and the County's design
'~ero, Gonsoer, To--send and Associates, Inc. (GTA), and the
~Fes8~on was that ~he~e d~d not seem to be a major problem ~n
Fe~r~n~ the ~ra~ks durinG ~he normal ~ou~se of constr~ction even
~[afte~ s~aGe was int~oduced into the plant. He explained that the
Problem was if the repairs done by the contractor with the approval
~e ~successful ~n any way, the County would have passed ~he
of no ~etu~n because once the sewage is d~verted ~o this
ex~st~ng G~ades, Fox~'~e and Lely plants a~e taken off lfne
~y ~eversal act].on.
N~ Arnold pointed out that the Cowry ~s exceeding the capacity
· he ex~stlng Le~y Plant; however, the processing o~ sewage and
o~ the t~eatment paFamete~s ts st~ll within the DER ~e~-
~ons.
?age 48
Novemb~r ~3,.~990
~Mr. Arnold explained due to the uncertainty of this problem the
Attorneyts Office was consulted who called in an out~3ide con-
specializing in contractual matters with construction. He
that at the recommendation of both counsels an independent
of the crack was obtained by Pistorino & Alam, Inc. (PEA) to
i~ind out what caused the crack, who might be responsible, and what the
would be for repairs. He reported that along with doing this
PEA conducted an analysis of similar tanks being constructed
at The North County Regional Wastewater plant, and previously
~¢oneTructed leaking tanks at the Regional Water Treatment plant to see
There was anything in the design philosophy of the three plants
~ld be key in the cause of the current problem at thE~ South
plant. He informed that the results from PaA's anal%'sis is
... that the cracks are a result of insufficient longitudinal rein-
on the outside face of the wall, excessive length of wall
movement Joints, or a combination of both." He added that P&A
~'noted that the construction sequence and curing methods used contri-
>buted to the severity of the cracks.
Mr. Arnold reported that P&A's recommendation is for epoxy inJec-
itton repair of the existing cracks, cutting of additional ccntrol
°lnts To prevent further cracking, and a lining of the interior wall
tank. He advised that the estimated cost of these repairs ts
In response to Conmats~toner Shanahan, ~r. Arnold clarified that
'EAt~ ~eco~ndatton t, the result of their analgsls of the South
~o~ty plant. Imt the analysts of the other two mentioned plants are
'~¢o~l~te at this time.
!.~",Mr. Arnold advised that the P&A report has been reviewed by
Utilities and legal counsel as well as with Gulf Constructors and CTA.
He ~tated that Gulf Constructors replied that as contractors they
the plant in conformance with the plans and specifications pre-
b~ the engineers, and claim no responsibility. He informed that
took exception to the reports' findings and submitted further
;: l* O~P.~[ 14~ Page 49
November 13, 1990
on documenting and Justifying their desipn for this p/ant.
:'.i.~r. Arnold remarked that throughout October all reports ~ubmttted
all involved agencies were reviewed continually and a second
Walter P. Moore and Associates, Inc., was commissioned to con-
!trl~ P~A~s report which they did. After meeting with all concerned
Mr. Arnold informed that he directed Gulf Constructors to
a chugs order to accomplish the repairs as they were fully
by P~. He noted that a report has been received from Gulf
but negotiations are continuing with them at this time
finalize the total cost of these repairs.
Mr. Arnold specified that item 8 of the Executive Sugary sum-
the change orders to date regarding the contract. He noted
t~ original contract worth $10,682,000 has had approximately
1262,000 worth of changes so far, ~d the current needed repairs would
the contract amount to approximately $11,255,000 if tile estt-
costa ~ P~ are $330,000. He e~latned that it appears after
revi~ ~hat this cost for repairs will be less than estimated
~re like $150,000.
· ~. Arnold advised that Ptstortno ~ Alam, Inc. has been repasted
~tt a pro,sa1 for them to be on-site and oversee these remedial
~s as they are ~dert~en. He stated that it ts the reco~en-
,on of Staff for the Board of County Co~tsstoners to accept their
pr°~sal which is not-to-exceed $17,685 and waive the competitive
[biddtng process.
Mr.' Arnold explained that there were ancillary expenses incurred
this investigation. He pointed out that a ~rchase Order
~en issued to P~ for the original report tn the amount of $5,000
as one issued to them for the North Plant report in the amoun~
$2,9~0. He added that another ~rchase Order was ~ssue~ to PaA for
~;r~rt on the Regional Water Treatment Plant tn the amo~t of
~4,500. He stated that the ~rchase Order issued to Walter P. Moore
~sociates, Inc. for the review of the findings of the PaA report
~]~in the ~o~t of $1,000. He noted that the legal expenses for out-
November 1H, 1990
counsel are not yet quantified. He related that there are other
Btm ~uch as the recommendation from P&A to do destructive testing at
.w~ter plant which ts a coring of the walls to subject the cored
~les to further testing tn a laboratory, and the cost for this
ia $3,580.
i~The total fiscal impact, as summarized by Hr. Arnold, will be
y $184,675.
iht. Arnold pointed out that the South County Regional Plant is not
~!Growth Management Project, however, it did precede the development
i"t}~ CIB and their are many CIE projects that are dependent on the
!~etton of this facility.
.~M~. Arnold recommended that the Board of County Commissioners
!~thortze him aa the Utilities Administrator to execute Change Order
~ for the proposed work tn the amount not to exceed the $330,000
~denttfied by P&A as the estimated cost. He noted the second recom-
i~ for the Board to waive the consultant selection and/or
ye bidding process, ~nd retain Ptstortno & Alam, Inc. 1:o do
the inapectton and oversee repairs as they are being done. He related
~t~at the third recommendation ts for the Board to approve the
costs ~ncurred. The final recommendation, he stated, is for
Board to authorize a budget amendment to fund Change Order ![o. 6
i&~th~ Utilities' ~eserves for Sewer Capital Outlay Fund.
Mr. Arnold concluded his remarks by pointing out that any delays
are incurred further in trying to resolve th~s situation to get
~lant on line can cost the County $1,a00 per day.
· In reaponse to Commissioner Hesse, Mr. Arnold stated that t~e only
regarding the epoxy ts what the Manufacturer of this material
give. ~e explained that the epoxy being considered is a rigid
which has a longer life cycle as apposed to a flexible epoxy
had been considered, He a~ded that whether this material will
' ' the typical 20 year life time of the plant, ts not something he
'answer. ~e commented that the contraction. Joints which are to be
are expected to take care of the stress problem.
~..~
"~' ~' Q~O ~l~[ 14~ Page 5!
' November 13, 1990 ·
',Mr. Arnold responded to Commissioner Saunders' question by con-
that four years ago there was leaking at the South Water
Pl~t, ~md the cause is being investigated. He also affirmed that
that ~ny actions taken are at the advise of legal counsel.
Co~missioner Volpe pointed out that expert firms have determined
there ts a design defect to which Mr. Arnold confirmed that this
true.
Mr. Arnold clarified that the coring of the walls relates to the
;~er Treatment Plant to establish if any further concern needs to be
~ssed at this plant. Ne informed that CTA has retained their own
and have cored the South County Regional Plant.
Commissioner Shanahan questioned if the Contractor or the Engineer
has admitted any deficiency in their design or construction? Mr.
explained that the Contractor says he built the plant according
to specifications, and the engineers say they do not agree with the
of the report and their own investigations defended the
-~il~nphiloeophy used.
Oo~m~tsstoner Shanahan pointed out that the County should not move
,a~ on the plan until it is known positively that errors have been
and future expansion will be done by the method suggested
expediting should not be considered at this expense.
Mr. Arnold explained that the plant was built with several chan-
nels inside and what is being proposed is to make repairs to the first
,'interior walls which would allow start-up and provide time to repair
:the exterior walls preparing for the introduction of the sewage into
entire system. He advised that If the proposal is accepted today
completion of the repairs is scheduled for December 16, 1990.
County Manager Dorrtll requested that he have the opportunity to
the ~atertal some of which he only Just received. }Is suggested
only the injection of the epoxy be completed over the next week
then decide whether to proceed with the next phase of the recom-
by P&A. He stated that by November 20th the exact costs
be available and recommends that authorization for Change Order
Page 52
· November 13, 1990
be delayed until the costs are known.
'~,In response to Commissioner Hasse, County Manager Dorrlll affirmed
except for this cracking problem the rest of the plant is ready
operate, but the cosmetic outside work will still require comp/e-
County Manager Dorrtll advised that if proper settlement cannot be
upon regarding the cost, legal action will be taken.
Assistant County Attorney Lawson pointed out that the County did
~ploy the services of two expert firms to investigate the problem and
to follow their advice would relieve them from any obligation if
~'.repairs do not work.
County Attorney Cuyler cited that the Board has the right to
~erve making any further decision at this time as long ae no
:hortzatton Is given to staff to do anything outside the reco~en-
E~ergency Set;ices Administrator Reardon stated that this item ts
recomndation for approval by the Board to secure an International
[ation of Fire Chief's (IAFC) Study Team that would coae to
~Ollisf Cowry and review the local fire service, the issues regarding
Ire consolidation and the Citizens Study Group*s four options. He
t~t Collttr Cowry would be required to reimburse the IAFC
~F Te~ for their e~enses which would not exceed $5 000. He
lt~ ~t that this opport~tty allows the County professional
ls~ without having to pay for it which previous consultant esti-
es solicited ranged from 820,000 to $85,000.
George Eckhardt, member of th~ Citizens Study Group for Con-
I 144 Pa~e 53
Noveabe:~ ~3, ~990
[~tion, stated that the original intent was to have this Study
look at the financial aspects of the fire d~stricts con-
He noted that what is being proposed for this Study Team
accomplish is too varied. He suggested that the Board review
y what is going to be studied because what was voted on by the
~o~ittea ~s not what is being presented in the Executive Summary.
~iMr. Reardon explained that the intent and purpose of securing this
Team is to have them review the four options that the Citizens
~tud¥ Group has identified and look at the advantages and di~advan-
of each option on a short and long term plan and advise as to
the costs would be for each option. He advised that this is the
of work proposed.
Tom Oannon, member of the Citizens Study Group, representing the
i~ast Naples Civic Association as well as Fire ComMissioner of the East
Iles F~re Gontrol District, commented that this is the second Study
iroup regarding this issue and it has not met in almost a year. He
that the Chief's Association of Collier County was ~uppose to
a lfst of names of the interested Chiefs of the IAFC, but this
not happen. He does not see the ~ustificat~on for ap~roving the
'~000 for this IAFC Study Team to come to Gollier County.
In response to Commissioner Volpe, Mr. Cannon stated that he is in
of having the Team come to Gollier County, however, he feels
the agenda provided by the Citizens Study Group should have been
~11owed.
Chuck Mohlke, member of the Citizens Study Group, representing
stated that initially the presentation requested by the Board
the Citizens Study Group the opportunity to approach the IAFG;
, the matter was deferred until the August meeting in Orlando.
~e.advised that he d~d not feel that it was appropriate to have
dnr~ng the electoral season because of the issue fo= Fire
regarding impact fees and ad valorem assessments. He
ed that he feels that the timing and costs associated with this
~.should be left up to the fire chiefs involved. He a/so pofnted
....: . November 13, 1990
hat.the Study Group did have 35 meetings regarding this issue.
:ated that it ts his hope that the Commissioners will allow the
.ocess to play out
Bill Jones, representing Collier County Builders and Contractors
stated that they would like to see a conclusion to this
issue. He added that the IAFC Study Team is very qualified 'to give
Professional answers to the questions that have been raised. He
stated that his recommendation is to support the request.
In response to Commissioner Shanahan, Mr. Reardon explained that
/will be contacting the Team as to the limitation on their per diem
the Board gives him the direction to do so.
Administrator Reardon answered Commissioner Hasse's gues~:ion by
~laining that the Team that was selected to do 'this study %;as
~elected by a standing committee of the IAFC and whether there will be
our or five members is not known. He informed that during the IAFC's
in Orlando, there were discussions between the IAFC and the
:ollter Gounty Fire Chiefs.
i
', In response to Commissioner Hasse, Administrator Reardon explained
i'that his understanding is that the Team would arrive soon after the
first of the year, do the study, and report back as soon as possible.
Commissioner Saunders ~oved, seconded by Co~tsstoner Volpe and
unanimously, to approve the expenditure for the IAFC Study
;fT~a~, and have the expenditure in compliance with the Florida Statutes
~dealin~ with travel expenses.
HF~LRXN~$ SCHEDULED FOR SANUAI~Y 8 ~ 22, 1991, ON PROPOSED
· ~I'OIt~II~AT~R UTILITY ORDYNANCE, HYRIN~ STOR~ff~ATER UTILITY ~tNA~ER,
N~ AND FUNDIN~ NEW UTILITY ENTERPRISE FUND AND SEEKING
FO~ ~ATE STUDY
, John Boldt, Water Management Director, stated that it is requested
:hat public hearings be scheduled for a proposed Stormwater Utility
trd~nance, the hiring of a Stormwater Utility Manager, establishing
funding a new Utility Enterprise Fund and seeking proposa~ls for a
te Study. He reminded the Gommisston that on August 27, 1~.)90, they
November 13, 1990
the Master Plan as the blueprint for developing the
:~ehenstve Stormwater Utility Program and as a result the County
Attorney's Office has prepared a preliminary draft of the proposed
Stor~water Utility Ordinance. He explained that the proposed
outline~ the mechanisms of the utility and provides that
the R&te Study ts completed an appropriate Rate Resolution be
}rought back before the Board for approval which is scheduled for mid
lte added that by this time the rates, the user group., and th~
ted areas would be established. He advised that the County
'~s Office has classified this ty~e of Ordinance as a Land
Regulation and, therefore, must first be heard by the
Commission and then by the Board on two separate evening
Director Boldt cited January 8 and 22, 199! as the dates
:equested for these public hearings.
In regards to the Stormwater Utility Manager, Director Boldt
that a detailed Job description has been prepared for the
s review, and at this time, Staff is asking for approval to
~dvertise and fill this position.
The third issue at hand, Director Boldt explained, ts the
~$tablishment of an Enterprise Fund which would be created under the
:tormwater Utility Ordinance and would be the central point to receive
revenues and expenses of the utility. He noted that the
~rtse Fund would initially be used to fund the Stormwater
Manager's salary and associated costs as well as the cost of
proposed Rate Study. He pointed out that there have been alter-
f
~tives proposed as to where the Interim money will come from, such as
;~. :.
the Water Management Capital Project Fund 325, however, Finance has
that there may be a more appropriate source for that loan
:ould be repaid with interest after the Stormwater Utility is
~tn~ and collecting fees.
The final issue Involving the Utility Rate Study, Mr. Boldt
is that the requested Request for Proposal (RFP) to do this
nancial rate study has been prepared. He stated that the County
Page 56
November :13, :1990
rte Office has advised Staff that because this is primarily a
f~nancial rate study the required Competitive Consultant Negotiation
~can be waived~ therefore, Staff is proposing that in addition to
proposals submitting the usual information on qualifications and
~ence ~n per~orming this type of study, it is requested that cost
~sals also be submitted. He advised that the Selection Committee
base their recommendations on the combination of a highly
ed firm submitting a reasonable cost proposal which means that
~el~ction will not be based on low cost alone. He added that the cost
)sale will then be used as the basis for initiating negotiation on
f~nal contract involving a detailed scope of services. He sum-
=ed that what is requested of the Board is authorization to issue
'the RFP, evaluate the submitted proposals, interview several of the
~h~ghly qualified firms submitting reasonable cost proposals, and bring
~back to the Board the Selection Committee~e recommendations.
In reply to Commissioner Shanahan, Mr. Boldt stated that the
F can be implemented immed~ately and the establishment of user
fees and a collection system is proposed to be in place by the
!:of 1991.
Regarding the Utility Master Plan that has been adopted,
[asioner Volpe questioned when the decision will be made as to the
~eXtent tn which it will be implemented? Mr. Boldt responded that as
~ar as the installation of the Capital Improvements, the Plan as
begun to be implemented. He explained that the Rate Study
confirm the Financial Analysis Study that was done, and these
~gures can be used to plan for the future.
!:~::: In response to Commissioner Volpe, Mr. Boldt stated that the
hiring of the new Stormwater Utilities Manager is requested for as
as possible. He explained that it is his desire to have the
dua! on board before the Rate Study begins so he can be involved
the process and eventually implement it.
Cottnty Manager Dorrill suggested that the position be a~vertised
a l~st be made of the candidates; however, he stated that he is
November 13, 1990 "
ant to hire someone prior to the Stormwater Utility Ordinance
passed in January. Commissioner Hasse agrees that he does not
that another department should be created before knowing where
funding will be derived from.
Commissioner Saunders commented that he does not feel that the new
position should be advertised since the Job may not exist and
ioned if there is a problem on waiting to advertise.
County Manager Dorrill explained that the only concern is that if
~the Stormwater Utility Ordinance does pass in January, the lead time
to place ads in professional Journals can be up to two
~ths.· He suggested that an ad be placed now that says applications
resumes will be accepted in early January. He advised if the ad
Lm'~at least placed, then if the Ordinance passes someone could be
b~ at least February and be part of the Rate Study.
Mr. Boldt stated that he has a concern regarding the issuance of
~RFP because of the involved process that is required and requests
authorization at least be given to begin this process which will
i~revent a possible two month delay in the scheduling process.
Co~laiasioner Hasse questioned if the City of Naples is associated
#ith the subject Ordinance? Mr. Boldt replied that the City of Naples
~nvolved in their Master Planning and have drafted a Utility
,rdtnance for the City and are planning to propose their user fees
within the next year. He informed that the County has met with the
=lty of Naples regarding the coordination of the Gordon River
where there is overlapping of the drainage areas.
.Michael $1ayton, Administrator of the Big Cypress Basin, suggested
Stormm~ater Utility Funding also be considered as a funding source
the CREW4 Project which Is a 010 si/lion project.
-~m~m~ S~mmhan saved, meccmded by Com~imsioner S~m~derm and
mmat~ml¥, tlmt ~thoriz~tion bs ~tvsn for the ~rti~e~ent
~1t¢ h~rim~s mm well ~s for the Stor~ter Uttltty Man~lsr
the ~ for a Stor~ter UtiliW
however, no ~ttonwill be t~ken on hi:~ing for
90-535 O~SING A~ION ~ING INCEPTION OF
~/S~ FACILITIKS - ~D; ALL ~SOL~IO~ TO BE
~I~ CO~ LKGIS~TI~ DKLEGATION;
County Manager Dorrtll explained that this Item ts to provide
and Commission positions to the Collier County Leptslative
legation repardtng several key State government agenda ttem~ which
Collier County.
County Manager Dorrtll Informed that there are several fire offt-
ialo present that wish to speak on the first proposed Resolt3tion
ts a resolution opposing a bill to annex from the County Fire
.ct Number One area into various independent Fire Districts.
CounTy Manager Dorrtll advised that the second proposed Resolution
protection for the County's continuing Water and Sewer
its tn the event that Pelican Bay incorporates. He pointed out
an earlier draft of the Charter would have threatened the
'~s Interests tn those systems; however, there has been a revf-
°n but he has not had a chance to see that the provision has been
re~°Ved. In reply to Commissioner Hasse, County ~anager Dorrtll
~latned 'that he needs the authority from the Commission to d~fend
County's interest In the event that the provision is still
of Pelican Bay's Charter. County Attorney Cuyler agreed that the
Manager should have the authority from the Commission in case
coaes up at the last minute.
Manager Dorrtll stated that the third proposed Resolution
:0 provide some exemption in regards to the night meetings as a
It of land use regulations in conjunction with the Growth
Page 59
m 000 , 150
November 13, 1990
Act. He commented that the Board of County Commissioners
adequately advertised public hearings almost every Tuesday
requirement does not appear to be accomplishing Its intent.
..Count~FManager Dorrtll noted that the final proposed Resolution
!with proposed changes to the 1988 Solid Waste Act of Florida.
*dvised that the suggested revisions were provided by the Florida
of Cities and the Florida Association of Counties in conjunc-
tion with Solid Haste Official in the State.
County Manager Dorrill stated that these are the four Resolutions
he proposes to be presented at the Legislative meeting.
[." C°~missioner Volpe questioned what the boundaries are of Pelican
' to which County Manager Dorrtll commented that he has not seen a
.egal description of the boundaries. County Manager Dorrill stated
he understand~ it to be only the existing platted co~munity of
Bay and not any portion of Vanderbtlt Beach.
Regarding the night meetings, Commissioner Goodnight stated that
meetings should be at the discretion of the Board because
are some items such as the Immokalee Master Plan and the Golden
Master Plan that should be held at night tn their own com-
i[Co~nt¥ Manager Dorrtll explained that he ts only concerned with
~tings that are unnecessarily held at night ~nd can be held
the day on Tuesday.
i:J&CkJohnson, Jr., Chairman of the Immokalee Fire Control District
of Com~isstoners, stated that he is opposed to the Resolution
the opposition of the annexation of lands. He related that
does not agree that annexation would be an increased tax burden to
since a referendum has to pass in order to increase taxes. He
that he does not agree that this could be detrimental
all the areas would continue to be served. He explained that
~propoSed annexation would not change the Immokalee District in any
'~ ~.' He noted that it ts true that the Fire Consol~dation Feas]bil~t¥
Group has not concluded its final report, but added that
November 13, 1990
~?tm-not bound by the decision of this group. He pointed out
· s long as this District remains an MSTU, no long term planning
]by the Iamokalee District can be done He stated that he also wants
to voice his displeasure regarding a letter dated November 1, 1990,
sent to Senator Dudley and Representative Hawkins from the County
He remarked that he feels the letter is a misinterpretation
[of the conditions and questions as they exist regarding fire i~ervtce
>ill Collier County.
. In response to Commissioner Hasse, Mr. Johnson replied that the
I~okalee District does service under contract a portion of thts MST[I
and With annexation the Iuokalee District will benefit.
"~i County Manager Dorrtll commented that the Issue before the Board
:is':: whether or not they will allow people to make money at the expense
(.:.. the MSTU Fire District. He noted that he will represent what he
considers to be sound business interests on the part of the County
Co-missioners. lie stated that this annexation appears as a threat to
:the County's Fire District. He stated that he has concerns whether
will be a unified service plan as it currently exists if: the
District is annexed out lie cited that the reason County Fire
~Dtstrtct No. One was created was to cover the unincorporated areas and
:~State and Federally owned areas, and the latter two areas will continue
to bs serviced by the County. Therefore, he suggested that the NSTU
District be left as Is.
Manager Dorrtll responded to Co~u~tssloner Hasse by stating
the Fire Districts receive an equal amount of funding from Fire
District No. One for the services they provide He explained that an
is reached annually as to what the needs are for each
so there is no duplication. He advised that the tax base for
District No. One is approxi~ately $550,000 which is decreasing.
Chief Wayne Martin, East Naples Fire Control and Rescue District,
that between all the Districts including Ochopee, gast Naples,
Golden Gate, a plan has been created to divide District One
Page 61
November 13, 1990
not Just part of it and allow the respective Districts to
the area. He noted that the Fire Districts of Co/l/er County
that legislation is not needed and the Board will direct Staff to
Into negotiations with the Fire Districts so that annexation can
..&d~tnistratively, district to district. He added that if an
c~nnot be made administratively then the residents of
No. One should be allowed to vote as to what district they
like to be in.
:Chief Nutle¥, Immokalee Fire Control & Rescue District stated
the Fire Chiefs are not trying to cut the County into pieces and
only the areas with a high tax base as part of their district.
He::iinformed that after many meetings with all the Fire Districts con-
a plan was created to cover the entire area of Fire D/strict
..'.One which would provide better service. He explained that by
tlrlder contract the District does not receive a check until
kch requires each District to subsidize District No. One until
~s received; however, by annexing the area it would provide
t~x flow. He advised that al/ the Districts are in
with the annexation even though some Districts will not
as much funding as others.
'$~ Dep~rtFClerk Guevin replaced I)eput~ Clerk A~Ttght
Chief Nut]ey reported that the proposed annexation of the County,s
current fire district will enable independent fire districts to plan
and utilize funds as they come in.
?Commissioner Volpe commented that the Association of Fire Chiefs
-'°~posttton of legislation that ~ould result in the dissolution
Don Peterson, Golden Gate Fire D/strict, concurred with the
annexation. He stated the main thrust of this proposal is to
i:-;.: s area He said the forecast for short and long range
~::'goals, in both dollars and equipment, are becoming ~ore
~n that area, particularly with the Impending comple~ton of
Pag,~ 62
' r ~~' November 13, 1990
He remarked that personnel within the ranks of the Ftl'e Service
· / . public need to see a clear, coordinated effort of providing
ire protection to the community, and that ts what they are attempting
do.
$iebold, Big Corkscrew Island Fire District, stated the
ts of Fire Districts with the County spectffy the area~ each
~ will cover, and the County Manager has indicated he is
~atisfied with the service being provided. He said each of ~he
s helps others in times of need, including the County
~, at no cost. He advised all they are asking ts for the
to either discuss their concerns with County Staff or let
;he.people decide by referendum whether they would like to be within
.!independent District. He said the reason is to provide the closest
service to residents who deserve what they are paying for.
reported they are not trying to be adversarial, they are attempting
save lives and do the best Job possible.
Oo~mtsstoner Hasse asked If, with this proposal, the Fire
~atricts will collect millage from all five Districts and divide it
:i~Chief $iebold responded that monies collected within each taxing
would go to that taxing authority. He said some Districts
'!WOuld get more than others, however, the level of service would not
~nd each District would continue to respond to the needs of
at no cost.
Contsstoner Saunder8 remarked that the concern seems to be that
~Ochopee area would be prejudiced tn some way. He asked if there
away to resolve the concern of the County Manager by negotiations
[th the independent Fire Districts, if the County agrees to split up
~ 1 as suggested?
~C°unt~ Manager Dorrtll stated there is an opportunity to resolve a
of the concerns under the current contract by re-negotiating
~.Chief Stebold Indicated he looks forward to working out all
Page 63
November 13, 1990
ioner Saunders stated his concern is what the negative
of this proposal will be in the Ochopee District. He suggested
Fire Chiefs meet with the County Manager to resolve this Issue.
loner Smundero moved, seconded by Commtmsioner Volpe and
unmnimouml¥, that the followtn~ Resolutions be adopted:
:t~om, 90-533 requesting mmendBent or repeal of the ~ts to
~FIo~idm Statute 125.66, Chapter 90-152 requiring l'ventng public
for &ll Land Development Regulations regardless of the ~mount
of.~ &£fected~ Resolution 90-534 urging the Collier County
Logiol~t~e Delegation to 8~pport modifications to the 1988 Florida
Soltd-~ ~t Act; Resolution 90-535 opposing any actions
· o tho incorporation of the Pelicmn Bay Plaw~__od Unit
which Mould ewpowor any incorporated city from exorcising
~ ~ service ar~u or water, wu~tewater, ir~io~ttion or
c~pitLl f&ciltties which ars currently included within the
~t District; and action deferred on tht resolu-
the Firm Districts, with the Board of County
reservtn~ the right to appear before the Legislative
to object to the le~islmtion, but prior to t~t, t~ C~W
~~11 ~t with t~ lir~ ~tefs to wrk ~t s~ ~ to =e
~te fl~ ~t~tia tn t~ oc~ ~tr~ District.
C~ty Attorney Cuyler noted that the resolution adopted regarding
Bay Improvement District ts the one that was provided this
Page 64
November ~8, ~990
~mtm~l¥0 that B~t &mwn~wnt R~olutton 91-1
Page 65
November. 13, 1990
Finance Director Yonkosky requested the authority to pay tn full
Special Assessments to pay off existing debt, and finance
ion of the balance of the street lighting system foF Pelican
~-~ AI~PO~X~G JORi#. NARTI~, JR., AI[D RO~ J. BRO~
Sue Ftlson, Administrative Assistant to the Board, reported that
~.;!. .~rs of the Environmental Advisory Council, James Snyder and
Llano, have rest~ed. She stated a press release wa~ issued
f~r re--es were received. She concluded the Pro3ect R,~view
~ager reco~ends filling the vacancies with David Maehr
'~r~ Richardson
Co~tsstoner Hasse reco~ended the appointment of Ronald Bro~.
' Cmtssion~r Goodntght mentioned that both people reco~ended by
~taff ar~ e~loyed by the Florida Game and Fresh Water Fish
In, which may not provide for a well-rounded Co.oil.
~ ~rbara Cawley with Wilson, Mtller, Barton ~ Peek asserted that
the reco~endations made ~ Staff are inappropriate because both per-
are ~overn~nt employees, therefore, there will bi a conflict of
if appointed to this Council. She stated the two p~lvate
who have also applied, have good environmental back,rounds
n~ested that they be appointed.
163'
Page 66
Novembt~r 13, 1990
~PO~ ~ I~pOIlrTI~G ~ TO TI~ POCI~T OF
:~.~ Sue Ftlson explained that the terms for the present members of the
:Pocket of Poverty Revte~ Committee expired on September 6, 1.990 She
~ald all members were contacted to submit a letter of lnterE~st If they
wish to ~ reappointed to which seven members responded, tn addition
five re~es received after a press release was ts~e,d.
:~.~ ~ly, t~t R~lutt~ 90-537 ~ aopt~ a~tnttng ~d
~ foll~t~ ~rs to t~ ~c~t of F~rW R~t~
:'~.
~ aoodnt ght
~P.~
Lucy V. O~tiz
m
Page 67
November 13, 1990
00-531&PPOrJlTI]I~IIIBXBKRS TO TH~LAIIDD~ CODE
Ooodntght moved, seconded blt Comuieeloner Srandere
~Lm~mly, that R. Bruce &nderson b~ &ppotnted u L~nd
to tl~ ~ D~v~lopm~nt Code U-Hoc Co~mtttN.
166
Page 68
November 13, 1990
IS ZII~ OF & ~ FOUR-~ trJi'ZV~I~XTT AND
LOC&TIO~I' 1']1' ~ _I~J~_RIDA - &IX:)FTED
Coufssioner Goodntght related she received a letter from
with the gxecuttve Committee of the Four Year University
¢outttee, informing her of an impending meeting of the Planning
of the Board of Regents on November 27, 1990. She stated
requested her attendance at this meeting, however, there t8
~ scheduled Board of County Commissioners meeting on That
She suggested the Board send a resolution in support of the new
~¥ and its location in Southwest Florida, and perhaps send
to speak on behalf of the Board at that me.ting.
~dnl~ht ~v~d, uconded by Co~is~toner
~tM~[~l¥, that Re~olutton 90-539 be adopted, s~p~orttng
t~'-T~mtvez~tty ~n~ its loc&tton tn Southwest
....
Page 69
November 13, 1990
FIVE' - WITH STIPULATIONS
Accept the Construction, Maintenance and Escrow Agreement as
:,security to ~uarantee completion of the subdivision tlprove-
~ents.
,~i~(iAuthortze the recording of the final plat of "Monterey, Unit
Five.'
3." . Authorize the Chairman to execute the Construction,
~ Maintenance and Escrow Agreement.
4.'. ' That no Certificates of Occupancy be granted until th~
required Improvements have received preliminary acceptance.
.I~FT~ZED TO C~RTIFY TO THE C091PLIANC~ WITH ~UD
~'ltII]~]~L~IBI1TION~ANDOP~RATING ~TATEMENT' AND 'BALANCE SHNET' FOR
· ~'F~ S: ~XISTING CErTIFICATe, VOUCHER, AND MOD~RAT~
~xDrr&~oN No~s~ ASSiSTAnCE ~OmU~S
i~A~D ~ FACILITIIS ACCEPTANC~ FOR ~MBASSY~W)OD~ ~OLF AND
The Florida Department of Environmental Re~ulation furnishes
a letter placing the sewer system into service, and;
-.The Florida Department of Environmental Re~ulation furnishes
':? ~:a letter approving the water distribution system for ~ervice
and the bacteriolOgical testing has met the County.s
requirements, and;
The Fire District furnishes a letter accepting ownership and
~aintenance of fire hydrants and the fire flow requirements
.are satisfied.
4.'"i~v:.The Plat Book and page number information for the recorded
plat ts incorporated in the legal documents.
~O-540 ~WTIN~ P~ELININARY ACCEPTANCE OF TR~
,' ~T~H AND S~ER ~MP~ROV~ FOR TH~ FINAL FLAT OF
~ ~ C¢~INTRY CLUB AT BRNTONN~ PARK, PHASE ON~u - WITR
Accept the reduced Escrow Agreement on file with the. Clerk as
security for maintenance of the Infrastructure until the
Board of County Commissioners grants final acceptance of all
,:.~ Improvements.
Page TO
Novembe]: 13, 1990
Preltmlnam/ acceptance of improvements ~tll not become effsc-
Collier County Nater-Sewer District.
See Page~,
M~41 AFF~r~ TH~ FINAL PLAT OF '~AND B~Y &T I~LZCAN
'~TIO~
Authorize the recording of the Final Plat of "Grand Bay at
Pelican Bay."
Authorize the Clerk of the circuit CoUrt to make proper nota-
tion of this action upon the previous plat.
See Page-,' /~
FOR E~ISTING LIFT STATION
OR Book 1575 Pages 1024 - 1034
~I~PT~ POR BEF/LEI' VILLA~ KEALTH CAlm
The water facilities to serve the project cannot be placed
into service and no Certificate of Occupancy shall be issued
until the Florida Department of Environmental Regulation fur-
nishes a letter approving the water distribution syntem for
service.
2. Bacteriological testing has met the County's requirements.
The fire flow reqtlirements of the project have been
satisfied, and the Fire District furnishes a letter accepting
the fire hydrant for ownership and maintenance.
See Pages _~.~-~. ~)/
OR Book 1575 Pages 1013 - 1023
FOR VAND~ILT I~ES~~ CHU~,'H - WITH
The Florida Department of Environmental Regulation furnishes
a letter placing the sewer system into service.
o. Book_ X ___ Pages/7
Authorize the recording of the Final Plat of "Pelican Bay,
Unit Fifteen."
That general note #2! on the final plat be amended to read
¥.L.~The" Hat"~ocks...
~D~ ~ ~ OF LI~ ~ ~ C~ ~
~'~ZC ~~ ~ L~ 5, BL~ 54, OF N~ P~
November 13, 1990
OF 'I~I~ICAN BAY T I ' - NITH STIPUlaTIONS
See Pages
I~T%~i ~O-~4S la~tOVIDING FOR ASS~ OF LIEN FOR THE COST OF
See Pages
ao 7
Page. ?
· 0-'54~ I~tOVIDIN~ FOR ASSESSMENT OF LIEN FOR TNE COST OF
OF FIl~lC NUISANCE ON LOT 23, BLOCK 172 OF Iq~O~O BEACH UNIT
SARAH B(YI'LK~ JAMES BOYLE AND MICNal~r. BOYT~K
See Pages
~f UNiT 30 GOLF COUIqSK" -NITN~ULATION$
Accept the Surety Bond as security to guarantee completion of
the subdivision improvements.
Authorize recording of the Final Plat of "Marco Shores, Unit
30, Golf Course".
Authorize the Chairman to execute the construction and main-
:tenance agreement. ~
Accept the fo/lowing off-site drainage easements, which are
required to support the water management system. The
drainage easements are recorded ae follows: O.R. Book ~557,
page 2245; O.R. Book 1557, page 2261; O.R. Book 15~?, page
2276; O.R. Book 1§57, page 229~; O.R. Book ~557, page 2306;
O.R. Book ~557, page 2321.
Page 72
Novemb,~r 13, 1990
';'9~.;Accept the 60 foot right-of-way and utility dedication, -authorize the Clerk to record same.
Authorize the Chairman to execute the Maintenance Agreement
for embanl~ent and 8~ale slope area.
Authorize the Clerk to record the maintenance agreement for
embankment and swale s/ope area.
That pursuant to the PUD/DRI, that Deltona Corporation, the
owners of the residential properties surrounding this plat,
co~plete the required sidewalks and install street lighting
at the time of residential development (letter of commitment
from Deltona is attached). Also, that the future four laning
will be completed when warranted by traffic volumes.
That no Certificates of Occupancy be granted until the
required improvements have received prellminar~ acceptance.
See Pages- R
T~TH~t~I~ENT FOR AD~INISTRATIVE SENVICE~ WITH
~~T~ IN A~OCIATIONWITH CAMP DI~ESSKR AND }~,
~;,'T~~~T~ T~ ~TYDEVELOPg~T BLOCK ~RANT
~OVII~TI~FINALIW~tTOF uJAM~F0~ATFKLICAN
Accept the ~rrevocable letter of credit as security to
~[-~:~:/ .) ~ar~tee conpletion of the subdivision ~mprovenents.
Authorize the record~n~ of the Final Plat of "Jame~to~ at
Peltc~ Bay"
Authorize the Chairm~ to execute the construction ~d main-
,':,~:''.:te~nce agreement
~at no Certificates of Occupancy be granted until the
re~red improvements have received preliminary acceptance.
~uthor~ze the Clerk of the C~rcuit CoUrt to make p~oper nota-
~[ .5:[~ :: tlon of th~s action upon the previous plat.
Pelican Bay Unit ~elve plat must be recorded pr~o~ to
recording of Jamesto~ plat.
Prelim~na~ acceptance of Jameeto~ ~nfrast~cture and sub-
s~ent Certificates of Occupancy of any building In
J~st~ may not be ~lven ~less and until the drainage
. 'e~ent crossing S~te 10 has been vacated and the replace-
~ ~n~ drainage facilities to acco~odate drainage on Pelican
,Bay Boulevard have been constructed.
During construction of Jamestown infrastructure a functioning
c~utfal! for the drainage on Pelican Bay Boulevard ~3hal! be
provided for and maintained by the developer.
The residential building on Site 10 shall be dest~ed uti-
lizing the recommendations of a geotechnical engineer and the
November 13, 1990
building permit submitted to the County shall contain an
acknowledgment from the owner that he ts aware of the
sinkhole located to the northwest of Site 10.
SeePages
· '1.. Accept the Cash Bond as security to guarantee completion of
~:" .... the subdivision improvements.
,)-'2. - Authori~e the recording of the Final Plat of "Plantation,
· Unit Two."
.f'$'.~.,'-Authorize the Chairman to execute the Construction and
';'~ ..... Maintenance Agreement.
4., That no Certificates of Occupancy be granted until the
~;/~' required improvements have received prel~minar¥ acceptance.
See Pages _~/- ~¢
FOR TH~ I~LICAN BAY "UNIT TWELVE GOLF
Accept the performance bond and maintenance bond as security
to gitarantee completion of the subdiviston"improvements.
Authorize the Chairman to execute the Construction and
Maintenance Agreement.
APPROVIlG THE FINAL FLAT OF "VIZCAYA AT BAY COLONY
~::::~ 1. Accept the performance bond and maintenance bond as security
.,,/-,- to guarantee completion of the subdivision ~mprovements.
Authorize the recording of the Final Plat of "Vizcaya at Bay
~ ~ ~ Colony."
~:%:-~ Authorize the Chairman to execute the Construction and
.Maintenance Agreement.
That no Certificates of Occupancy be granted until the
required improvements have received preliminary acceptance.
Authorize the Clerk of the Circuit Court to make p:~ope~ nota-
tion of this action upon the previous plat.
See Pages
I~iTE OF QER 11, 1990, ~STABLISKED FOR~PTION OF
November 13, 1990
The water facilities to serve th~ project cannot be placed
into service and no Certificate of Occupancy shall be issued
a '-. t~nttl the Florida Department of Environmental Regulation fur-
. ntshes a letter approving the water distribution system for
:. service.
Bacteriological testing has met the County's requirements.
:3. The fire flow requirements of the project have been
.:': satisfied, and the Fire D~etrict furnishes a letter accepting
,(:;.~ the fire hydrant for ownership and maintenance.
ROYCE O. STAr. r. TNGS TO BE USED AS PUBLTC
~_~_.~TA _~A~A~A BOULEVARD
See Page~
FOR A TWELV~FOOT (12') DRAINAGE EASEMENT UN~LATT~D,
'~ECTION 33, ~IP 48 SO~, ~GK 25 ~T ~ ~CO~KD IN
~~ ~K 1512 ON PAGES 469 ~OUGH 473 OF ~ ~LIC
CO~ ~ORIDA
See Pages
D~HDFORA PORTION OF THE TEN FOOT (10') SEWE~ MAIN EASEMENT
~:LOC, iET~D IN SOUTHEAST 1/4 S~CTION 10, T0%INSHIP 49 SOUTH,
t~EASTAS I~CORDKD IN THE OFFICIAL RECORDS BOOK 1323 ON PAGES
158 OF TH~ PUBLIC RECORDS OF COLLIER COUNTYm FLORIDA
See Page~ _,~
~m~)~'T~ 1990-91 FUNDING CONTRIBUTION TO ST. MATTHL~H'S HOUSE
000
See Pages ~ t~-- ~ S~
~ FOR THE MUSEUM CAPITAL PROJ~CTS
WITH THE FRIENDS OF THE COLLIER COUFIT MUSEUM,
See Pages
· "X~EV~ TUI~CHIK FOR PLACEMENT, INSTALLATION, MAINTENANCE
~~ TO B~ LOCATED ON HIS PTt~MISES, BUT 01~gKD N~
~A~.~iX~H.~NT~ a3~D_ FURC~a-~ED BY COLLIER COUNT~ SHRVICES FO~ SENIORS
FO~ ~N~P~ENCY ALERT/RESPONSE SYSTEM WITH NATIONAL GUARDIAN
~VZCE~ ANARDED UNDER BID NO. 90-1641 - IN THE AMOUIlT OF
:$6.?~0 TO P~OVZDE SERVICES TO CO~RT~ITY CAKE FOR THE ~DERLY CLIENTS
PAGE 174 Page 75
November. 23,
Ilri,.OCA~~~ZA~~ COMSTRUCTZON OFT'HE
II~ZOIALMASTKIqA. TKR Tlq. KATMI:NT FACZLZTY - ZN ~ AMOUNT OF
OF & ~UBORDZNATZON, COBBB31T AND 3'OZNDKR OF KAsBIqKI~ GIUJITKD
IUgTZIIgT~ BLILTZOMAL BAMK, AS PART OY THE SOUTH ~ I~GZONAL
rD4
OF:TJ:LY BARKlPOOT B~.ACH, 8~ MATB~MAZNMATKR FACZL~TZ~S -
Bacteriological testing has met the County's requirements.
OR Book 15~ Pages., /
ALLOMXM~ ~ SHIRZI~,S OFFXC~ VZCTZM/WX~
!~1~ TO OPIItltT~ A SAT~LLZT~ OFlrZCK ZN l'l~,
-'";-Xl'~-~O fdlomyr OP ~ps, gao
FLORXDA
See Pages
BETI~ITH~ BOARD OFCO~RTYCO~I$$ZONE]~ AS THH GOV~D~NING
~-'OC~O~ ~ DISTRICT AND C0LLZKR COUNTY, AS ~ FOR
TJ~',~Zdl~D~, IN OKD~RTOFROV/DK FUNDS FORTH~ PURCHASE OF A
~ THK ~ IN FUND 151, SABAL PAE~I ROAD
-- IN THE ~ OF $15~200
IBCOOIIZZ~ 1989/90 PROJKCT'KD C~ FORMgIRD FO~ THE
, C/~ZTAr, FltO3~C~ IWFURD (S01) - ZWTH~ AI,1Oq:JMTOF
November 13, 1990
~14X1~
OF CO~FfT COMMISSIONERS SUCCEEDING TO THE PELICAN BAY
~F~THXCT APPROVING THE FINAL PLAT OF '(~tAND KqY AT
~ ~ C~I:SSXONElt~ ~:~CL"~EDING TO THE PELTCAN BA~
-%P~OVIN9 TI~ FINAL PLAT OF *~PELXCAN BAY, UNIT
-D~~ &~ T~ FINAL FLAT OF *'VIZC&YA aT BA'/'
OF C:OOWI'Y CO~S~IONERS SUCCEEDING TO THE PELICAN BAT'
DI~STRXCT KFF~OVING THE FINAL FLAT OF =PELICAN BAT UffIT
'O~' CO~ft~ COP~ISSXONEltS SUCC~IN~ TO THE FELXCAN BaY
ffI:~EW.~CT APPItOVI'N9 THE FINAL FLAT OF "3AMES'I'O~ AT
1987 TAX ROLL
410 10/23/90
1986
275/276
1989 TAX ROLL
[0/23/90
231 9/27/90
233/235 10/23/90
1990 TA~IBLE I'Z~tSONAL PltO~
~1990-1/1990-3! 10/23/90-11/05/90
01/10
12/13
'18
20/36
·47/48
1990 TAX ~OLL
10/25/90 - 10/26/90
11/01/90
10/25/90-10/26/90
10/26/90-11/01/90
10/31/90-11/02/90
11/02/90
Page 77
%,'
November ~3, ~990
3108- 45~88, 58345, 67330, 2%206,
following miscellaneous correspondence ~as filed
to the various departments as indicated below:
Memo dated 10/31/90 to BCC from Jim Giles, Clerk of Courts,
re Excess Fees for Fiscal Year 1989/90, Copies to Nell
Dorrlll, Budget, and filed,
Inquiry dated 10/23/90 to BCC from United States Department
of Commerce re Permit No. 871PC-21080 issued by the U.S.
Corps of Engineers re maintenance dredging in Wiggins Pass.
Original to Harry Huber, copy to Neil Dorrill, and filed.
Memo dated 10/I?/90 to All Small Cities Community Development
Block Grant Eligible Communities from Lewis O. Burnside, Jr.,
Director, Division of Housing and Community Development,
Department of Community Affairs, re Amendments to Final
Statement of Oblectlvee and Certifications for Federal Fiscal
Years 1990 and 1991. Copies to Neil Dorrill, John Yonkosk~,
and filed.
Copy of letter dated 10/15/90 to Sheriff Don Hunter from
Virgil Choate, Correctional Officer Inspector II, Department
of Corrections, re Corrective Action Response - Follow-up
Inspection. Copy to Net1Dorrill, and filed.
Letter dated 10/25/90 to Chairman, BCC, from Jon M. I!~lehart,
Environmental Specialist, Department of Environmental
Regulation, re Collier County - WRR, File No. 111881855 for
Wtndstar Development Corp. Copies to Nell Dorrill, Frank
Brutt, Bill Lorenz, and filed.
Rulemaking Notices from DER in the 10/19/90 Florida
Administrative Weekly. Notices of Proposed Rulemakin!~,
Notices of Public Workshops and Notice of Receipt of Petition
to Initiate Rulemaking. Copies to Neil Dorrill, Franc Brutt,
Bill Lorenz, and f~led.
Letter dated 10/22/90 to Chairman Rasse from Michael !;.
Williams, Acting Director, Emergency Medical Services,
Department of Health and Rehabilitative Services, re award of
an emergency medical services matching grant In the amount of
$36,308.50. Copies to Neil Dorrill, BeC, Jay Reardon, and
fi/ed.
Copy to BCC of letter dated 10/19/90, to Ms. Tasha O. Buford,
Young, Van Assenderp, Varnadoe & Benton, P.A., from Richard
White, Administrator, Records Management Section, Bur~)au of
Coastal Engineering and Regulation, Department of Natural
Resources, re Approval of Permit Transfer, Permit Fil~
Number: C0-256, New Permittee Name: Point Marco Dew~lopment
Corporation. Copies to Neil Dorrill, Frank Brutt, Bill
Lorenz, and filed.
November 13, 1990
10.
Copy to BCC of letter dated 9/28/90, to Guy Carlton, Collier
County Tax Collector, from Darrell W. Smith, Administrator,
Planning and Budgeting, Department of Revenue, re approval of
budget for FY 91. Copies to Netl Dorrtll, Budget John
Yonkosky, and filed. '
Copies to BCC of letters dated 10/25/90 and 1/9/90, to Bob
Nave, Chief, Bureau of Local Planning, Florida Department of
Community Affairs, from Bradley J. Hartman, Director, Office
of Environmental Services, Florida Game and Fresh Water Fish
Com~ission re amendments to the Collier County Comprehensive
Plan.
~;~11.~:. Final Order of Dismissal, State of Florida, Land and Water
~ ..'<:~' Adjudicatory Commission, dated 10/29/90, re Resolution 88-309
'and Ordinance 88-93 of Collier County, the Development Order
for Citygate Commerce Park, Case No. APP-89-006. Copies to
Nell Dorrtll, Frank Brutt, and filed.
. Minutes received and filed:
Beach and Inlet Preservation Committee of South West
Florida minutes of 10/8/90.
CCFC agenda of 11/1/90.
Marco Island Beachfront Renourtshment Advisory Committee
agenda of 9/12/90 and minutes of 10/3/90.
Marco Island Beautification Advisory Committee minutes
of 10/2/90.
17.
Parks and Recreation Advisory Board agenda of 10/24/90
and minutes of 9/26/90.
Southwest Florida Regional Plannlng Council, Local
Emergency Planning Committee of Southwest Florida,
District IX, minutes of 9/26/90 (regular monthly
meeting).
Notice to Owner dated 10/22/90, to BCC and H.D. Rutledge &
Sons, Inc., from Frank Angelo, Jr., President, Sea Spray
Drywall Textures, Inc., under an order given by Southern
Drywall, for application of.drywall texture at County Health
Services. Copies to Steve Carnell, John Yonkosky, and fi/ed.
Notice to Owner dated 10/24/90, to BCC from Chrys Webb,
Causeway Lumber, under an order given by Naples Concrete &
Masonry, for trusses, lumber and building material for NOC#:
Job ~10, Emergency Service Center Golden Gate. Copies to
Steve Carnell, John Yonkosky, and filed.
Notice to Owner dated 10/29/90, to BCC from M. C. Birch,
Sar-T-Green of Ft. Myers, Inc., under an order given by
Naples Concrete & Masonry, for rental equipment for Emergency
Service Center Golden Gate. Copies to Steve Carnell, John
Yonkoek~, and filed.
Notice to Owner dated 10/29/90, to BCC from M. C. Birch,
Sar-T-Green of Ft. Myers, Inc., under an order given by
Harper Brothers, for rental equipment for State Road 82 and
Lee Boulevard, Lehigh Acres. Copies to Steve Carnell, John
Yonkosky, and flied.
Notice of Informal Proceeding before the Public Service
Co~miesion to AES Corporation, ..., and All Other Interested
Parties re: Planning Hearing on load forecasts, generation
November 13, 1990
exp~ion plans and cogeneration prices for Peninsular
i'?/.Florida's electric utilities. Docket No. 900004-EU, Issued:
.'~-- 10/15/90. Copy to John Yonkosky, and fi/ed.
:.19.
24.
Notice of public hearing before the Public Service Commission
to All Parties and All Other Interested Parties re petition
by citizens of Florida to compel compliance with Rule
25-14.003, F.A.C., by United Telephone Company of Florida,
regarding calculation of and method of refunding 1988 tax
savings. Docket No. 890486-TL, Issued: 10/18/90. Copy to
John Yonkosky, and filed.
Application of Florida Cities Water Company, Golden Gate
Division, before the Public Service Comm~ssion, for a rate
increase in Collier County. Docket No. 890509-WU, Order No.
23660, Issued: 10/24/90. Copies to Neil Dorrill, Hike
Arnold, and filed.
Letter dated 10/30/90 to Chairman Haese, and copy of Check
No. 9009522 to the BCC in the amount of $334,050.11, from
Sheriff Don Hunter re Collier County Sheriff's Office FY 90
Surplus Funds. Copies to Neil Dorrtll, John Yonkosky (with
check}, Budget, and filed.
Copy of letter dated 10/30/90 to Mr. John Yonkosky, C.P.A.,
Clerk of the Board of County Commissioners, from Sheriff Don
Hunter re Check No. 9009520 in the amount of $17,364.62 in
Interest Earnings. Copies to Nell Dorrfll, BCC Budget, and
filed. '
Letter dated 10/23/90 to Chairman Hasse from Robert A.
-~ Butterworth, Attorney General, re complaint filed in United
States District Court on behalf of Collier County and ~6
other government entities in Florida against five chlorine
repackagers and one distributor for conspiracy to rag bids
during the years 1979-1980 and 1983-1988. Copy of complaint
attached. Copies to Neil Dorrtll, Ken Cuyler, Leo Ochs, and
fi/ed.
Memo dated 10/31/90 to BCC from Mary W. Morgan, Sup~rvisor of
Elections re Excess Fees for FY 90. Copies to Neil Dorrtll,
Budget, John Yonkosky, and fi/ed.
Copy to BCC of letter dated 10/29/90, to Mr. Yves Cantin,
Hartford Fire Insurance Co., from Richard L. Wendorf, Presi-
dent, T.A. Forsberg Inc. of Florida, re dispute over addi-
tional charges for asphalt overruns. Copies to Neil Dorrlll,
Ken Cuyler, George Archibald, and filed.
~~AL'r~OBI OF LIB3i FOR NUISANCE ABATEMENT ON PROPERTY OF TI~NK-LISK
C. SAIIDr LOT 18r BLOCK 420r MARCO lt~CH UF/T TH~
See Page[- ~¢~ 7
FOR I'UIW ABATEMENT 0N PROPKRTY OF ROSA T.
273 UNIT 8 PART I_.L__.GOLDKN GATE
See Page~: ~(~
OF LIEN FOR NUISANCE ABATEMNXT ON PRO~ OF AUDIO DE
RANINEZ, LOT 41 ~ BLOCE 373. ~ NAwCO Bw__A_L'ffH UNIT !t*'F. FVKN
Page ; 9
Hovemb~r 13, ~990
IFF LZI31 FOR NUISANCE ABAT~3~I~f ON FROP~RTY OF BENNETT,
· ID'~T, I~ER~ONAL REI~]ITATIF~$ OF THE $OAN BARI~'
~'T&T~, ~ 13~ BLOCl~ 136~ MARCO BEACH UNZT FIVE
See Pagea .~..~
There being no further business for the Good of the County, the
:~g was adjourned by Order of the Chair - Time: 6:25 P.M.
BOARD OF COUNTY COMMISSIONERS
BOARD OF.ZONING,APPEALS/EX
.OFFICIO GOVERNING BOARD(S) OF
'.' y'::SPECIAL DISTRICTS UNDER ITS
'- '~L;; CONTROL ,' ~ '.. .: '~.'.
:es &ppr~ved by the Board on
'~ or as corrected
Page 81