BCC Minutes 06/06/1989 R
~aples, Florida, June 6, 1989
LET IT BE REMEMBERZD, that the Board of County Comuissioners in
and for the County of Collier. and also acti~g as the Bc,ard of Zoning
Appeals and as the governing board(s) of suer. special districts as
have been created according to law and having conducted business
herein, met on this date at 9:00 A.M. in REGULAR SESSION in Building
"P" ot the Government Complex, East Naples, Florida, with the
following members present:
CHAIRMAN: Burt L. Sa;¡nders
VICE-CHAIRMAN: Max A. Hasse, J 1',
Richard S. Shan~:.;:,.n
Michael J. Volpe
Anne Goodnight
ALSO PRESENT: James C. Giles, Clerk; Maureen Kenyo,î, Annaliese
Kraft and Ellie Hoffman, Deputy Clerks; Ron McLemore, As:5istant County
Manager; Brian MacKenzie, AssiEtant to the County Manage:; TomOll1ff,
Assistant to the County Manager; Ken Cuyler, county Atto~'ney; Kevin
O'Donnell, Public Services Administrator; George Archibald, Transpor-
tation Services Administrator; Frank Brutt, Community Development
Administrator; Ken Baginski, Planning Services Manager; James Reardon,
Emergency Services Administrator; Mike Arnold, Ut 11 it ies
Administrator; William Lorenz, Environmental Services Adninistrator;
Ellie Soto, Planner; Nancy Israelson, Administrative Ass:stant to the
Board; and Deputies Tom Storrar and Sam Bass, Sheriff's Office.
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JU~E 6, 1989
"'ape.1
It...3
APPROVAL OP AGENDA ~ CONSENT AGENDA - APPROVED W~TH C~~GES
Co..issioner Shanahan moved, seconded by Commissioner Hasse aud
carried unanimously, that the Agenda and Consent Agenda b~ approved
with the following changes:
1. Item 6B1 re Petition ZO-89-5, continued to August 8, 198':1
2. Item 9H1 re final plat of the Vineyards, Unit 3. çontlr~..::-:d to
June 13, 1989
3. Item 5C Added - Golden Gate Business Association presenration
re Petition endorsing mandatory solid waste colle:tion.
4. Item 9A2 Added - Final Plat of Rosemeade at Wynde:nere an.J pre-
liminary acceptance of roddway, drainage, water a~îd sewer
improvements.
5. Item 9A3 Added - Final ~lat of Villa Floresta at Wyndemere
Phase II and preliminary ac~eptance of roadway, drainage,
water and sewer improvements.
6. Item 9A4 Added - Final Plat of Grass~ere at Wyndenere and pre-
liminary acceptance of roadway, drainage, water a,îd sewer
improvements.
7. Item 12C Added - Di~cussion regarding Goodland Marina.
8. Item 14H2 moved to Item 9H4 re purchase of office furniture
for County At~orney. (Commissioner Volpe)
Ite..'
MINUTES OF MAY 16, 1989 - APPROVED AS PRESENTED
CO..is8ioner Hasse moved. seconded by Commissioner Shanahan and
carried unanimously, that the ~inutes of May 16. 1989, be approved as
pre_nted.
It.. .6A
EMPLOYEE SERVICE AWARDS - PRESENTED
Commissioner Saunders presented Employee Service Awards to the
following employees:
Mary Kilburn, Plans Compliance - 10 years
Dale Stodgel. Road & Bridge - 5 years
Ite. .68
SOSAB ROSSI DESIGNATED A~ ~MPLOYEE OF THE MONTH FOR JUNE, 1989
Commissioner Saunders presented Susan Rossi. Emergency
Management Department, with a plaque and a $50.00 check for
Employee of the Month for June. 1989.
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JUNE 6, 1939
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pUSDTATIOJl BY GOLDEN GATE BUSIKESS ASSOCIATION REGARDI1IG A PETITION
EJlDQRSIKG MAKDATORY SOLID WASTE COLLECTION
Mr. Robert Mast, President of Golden Gate Business A!lsociation.
stated that last year the Association made ê1 strong comm:.tment to
improve the image of Golden Gate. He noted that they be~an working
wi th a public relation firm. Media Marketing, and their first recommen-
dation was to have a survey conducted of residents living in Golòen
Gate area to determine how they felt on the various issues faci..} the
community. He noted that the money raised from Frontier Days W;lS used
to determine the County's stror.g points and weaknesses and how rosi-
dents wanted to see the community develop in the future. He stated
that the survey was conducted by FMS Research of Ft. Myel's and one
concept that was widely supported in the community is marldatory trash
collection, adding that 85.1% of the responding groups slated that
they would support enactment of thJs service. He presented a petition
to the Board petitioning the Coun'C: to:: enact mandatory trash collec-
tion.
Commissioner Saunders stated tha'C there is a consulting engi-
neering firm that is looking into the Solid Waste Management problems
as a whole and one of the issues that they are evaluatinç is mandatory
solid waste collection and where it should be applied ant how it
should be implemented. He noted that the Board is aware of the
necessity to eliminate illegal dumping and ~andatory solid waste
collection is a wa:' to accomplish tr::s. He noted that scme studies
should be done in the next couple of months and there shculd be some
public hearings on the issue.
Assistant County Manager McLemore stated that he would provide
this information to the Solid Waste Advisory Committee for th':!ir
records.
It.. .681
PETITION ZO-89-0, COMMUNITY DEVELOPMENT DIVISION RE AN AMENDMENT TO
ORDIKANCE 82-2 RE TRAVEL ~RAILERS - CONTINUED TO AUGUST 8. 1989
Co..lasioner Hasse moved, seconded by Commissioner Shanahan and
carried unani80usly. that Petition ZQ-89-0 be continued to August 8,
1i89. c¡
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It.. .682
PETITIO. SMP-88-12C, EVEHINGSTAR CAY - WILLIAM E. PAYNE OF HOLE,
MOKTES & ASSOCIATES, INC., REPRESENTING PORT OF THE ISLANDS, INC.
RE SUBDIVISION MASTER PLAN APPROVAL - CONTINUED TO JUNE. 13, 1989
Co..issioner Hasse moved, seconded by Commissioner Bhanahan and
carried unanimously. that Petition SMP-88-12C, Eveningstar Cay, be
continued to .June 13, 1989.
Ite. .683
PETITIO. V-89-5, TERRY KEPPLE OF BRUCE GREEN & ASSOCIATES, INC.
R.JtPUS DT 1 Ji G MR. MARX D I CURMAK, REQUESTING A VARIANCE - CONTI~ED TO
.1Uß 13L-H89 --
C~s.ioner Hasse moved, seconded by Commissioner Shanah~~ and
carried unani80usly, that Petition V-89-5 be continued to .June 13,
19S5i.
It.. .-t5Cl
ORDIJL\B'CE 89-33 REPEALING ORDINANCE 88-19 WHICH ESTABLISHED AND IMPOSED
A MORATORIUM ON TIΠISSUANCE OF BUIT.DING PERMITS OR CERTIFICATES OF
OCCUPABCY - ADOP"nD
Legal notice having been published in the Naples Dai:y News on May
17, 1989, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened to consider a proposed crdinance
repealing Ordinance 88-79 which established and imposed a moratorium
on the issuance of building permits or certificates of occupancy in
areas within a part of the jurisdiction of the Collier County
Water-Sewer District.
County Attorney Cuyler stated that this is a utility item and wi 11
repeal Ordinance 89-33 which established a moratorium in the Lely
Barefoot Beach/Little Hickory area. He n:Jted that as a r!!sult of
improvements that have been made i r: the water main lines 3.nd the
booster pumps, the water pressures have increased substantially in
that area. He noted that adoption of this ordinance will repeal the
prior moratorium and will allow the fire departments to g.:> back to
the as-needed one test per day instead of the four consec'ltive weekday
tests.
Co..issioner Volpe move~, seconded by Commissioner Sh~Ulahan and
carried unaniaously. that the public hearing be closed.
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JUNE 6, 1989
C088issioner Shanahan aoved, seconded by Co_issiollltr Goodnight
and carried unanimously, that the Ordinance as numbered and titled
below be adopted and entered into Ordinance Book No. 3!j:
ORDINANCE 89-33
AI ORDIRAHCE REPEALING ORDINAHCE NO. 88-79 WHICH ESTABLISHED AND
IMPOSED A MORATORIUM ON THE ISSUANCE OF BUILDING PERMITS OR
CERTIFICATES OF OCCUPAHCY IN AREAS WITHIN A PART OF THE
JURISDICTION OF THE COLLIER COUNTY WATER-SEWER DISTRICT; PROVIDING
CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE D..-\TE.
Ite. .7Al
RESOLUTIOK 89-140 RE PETITION FDPO-89-3 BY RAYMOND G. H1\RRIS OJr ;'~ONTO
DEVnOPMEH'TS 01' MARCO REPRESENTING ROYAL MARCO DEVELOPMHNTS AT HIDEAWAY
BEACH RE A VARIANCE OF FIVE FEET FROM THE MINIMUM BASE l~OOD ELZVATION
- ADO PTE D
Legal notice having been published in the Naples Daily News on May
21, 1989, as evidenc~d by Affidavit of Publ1çation filed with the
Clerk, public hearing was opened to consider Petition FDPO-89-3 filed
by Raymond G. Harris of Ranta Developments of Marco repr2senting Royal
Marco Developments at Hideaway Beach, reques~ing approval of a variance
from the minimum base flood elevation required by the Flood Prevention
Ordinance on property described as a subdivision of Gave .nmen t Lot 5
of Section 6 and Government Lots 3, 4, and 5 of Section 7, all lying
and being in Township 52 South, Range 26 East, Collier Ccunty,
Florida.
Planner Soto stated that this is a flood variance petition which
is located on Hideaway Beach, Marco Island, adding that the petitioner
is asking for a variance of five feet from the required ~leven feet to
build to an elevation of six feet. She noted that the st::"ucture to be
built is a go If course comfort center and will be located between the
fourth hole and the fifth tee on the golf course. She indicated that
the property to the north, the south, and the west is the golf course
and the property to the east is an undeveloped residential area. She
presented a photograph to the Board that gave the location of the com-
fort center. She stated th,'t the owner has been notified 3.nd has sent
a letter indicating that he is aware that if the variance 15 granted,
his insurance rates may increaf:e. She noted that the reason that the
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JUNE 6. 1989
applicant is asking for the variance is due to the elevation with
regards to handicapped. She stated that in order to accommodate the
handicapped, there would have to be a large ramp and would make access
diU icult. She stated that since 1980, the Board has gr~nted three
variances for Hideaway Beach area and based on the infornation that
has been presented, Staff is recommending approval.
Commissioner Hasse stated that he has concerns with regards to
lowering the level of the floor, adding that if the floor area floods
out it could fill the se'~er system.
Mr. Raymond Harris at Ranta Developments stated that there are
floor drains in the building but they are above the crown of the road,
adding that if the water gets abov<! the crown of the road, it will go
into the sewer system anyway.
Commissioner Volpe question~d if this was a habitable structure,
to which Mr. Harris replied negatively, adding that it is specifically
used for a male and female bathroom facility and if it should rain,
the golf carts can be drjven under the structure. He note:} that the
structure is 12 feet by 20 feet of which 6 feet by 12 feet is a
bathroom and the n"malning area is open for the golf carts.
Co_lssioner Shanahan moved, seconded by Commissioner Goodnight
and carried unaniJlOusly. that the public hearing be closed.
Co_issioner Shanahan moved, seconded by Commissioner Goodnight
and carried unaniJlOusly, that Resolution 89-140 re Petition YDPO-89-3
be ad.op t ed.
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It.. ftA
PRESDTA'rION BY DON STEVENS RE UNSAFE, UBBECESSARY F~CX AT HOME OF
'rBOMAS ;;¡. PLETTO O~ LITTLE HICXORY SHORES - CONSTRUCTION TO CONTINUE
AND UPON COKPL~ION OF POOL AND FENCE, STAFF TO FOLLOW-UP WITH
IKVESTIGATI~G TEAM --- ~-~--~._._. ---
Mr. Don Stevens of 28 West Avenue, Bonita Shor~s, st3.ted that he
has come before the Board with reference to the safety of a swimming
pool in his area. He presented information to the Board regarding
children and the safety of swimming pools. He also pres-:?nted 9 pic-
tures to the Board which he took back after making his presentation.
He indicated that Picture #1 shows the pool was installell 12 -1/ ~J feet
from the Co',.,.ty property line on March 29, 1989. He sta:ed that ';he
panels blew down on May 2, 1989, after a light wind stor~ which shows
how fragile the structure is and there are also posts that are not
more than 18" in powdered sand and these posts will not nupport this
fence. He stated that New York State specifications require that a
fence installed in ordinary gravel calls for the fence to be 30" in
the ground with 9" of concrete on the bottom, 12" of hard packed soil
on top of that and anothE,r 9" of soil to create a washer, He stated
that this area is a prime hurricane area and this fence ::'s dangerous.
He noted that this fence faces his house and he does not like the
danger that can ref:ult from this fence. He referred to a letter from
County officials that indicated that everything iô in co~pliance with
codes, adding that if this fence is in compliance then some of the
codes need to be reviewed. He noted that based on this fence, there
is a case for a grand jury investigation, as there is some negligence
that would warrant this.
Colll1'1issioner Saunders stated that the Board of County
Commissioners is not the appropriate body to ask for a grand jury
investigation, adding that if there are any issues that should be
investigated, the ~tate Attorney is the office that would handle that
matter.
Mr. Stevens stated that the County is responsible tor the 1 He and
safety of citizens and td^payers of Collier County. He stated that he
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JUNE 6, 1989
met with County officials l~st week with regards to the damage that
was done to his house by a heavy compaction machine that the County
was using to install water lines, to discuss the swimming pool safety,
and to discuss the poor quality of work being done on this fence, as
well as the obstruction of his view to the canal.
Commissioner Saunders stated that based on the prese~tation being
made, it appears that Staff should have a meeting wlth M~. Stevens to
determine if this fence is in viola-:ion of any of the ordinances and
to determine if the County is responsible for doing any damage to his
home. He stated that he would suggest that this matter be cont11~',\ed
until Staff has reviewed this matter.
Mr. Stevens stated that he referred to Picture #2 which shows that
half his water vista is cut off and he has requested that his
valuation of property bE' lowered not less than $20,000. He stated
that this is the prime reason that he purchased this lot in 1979. He
stated that Mr. Pletto has a legal right to put up a fence, but he
also has an obligation to put a fence complet~ly around his pool. He
reported that Picture #3 3hows complete access to the pool by water,
adding that there is no regard to the safety of human lif~. He noted
that Picture #4 shows a seawall caving into the canal. H,~ stated that
Picture #5 shows the entire seawall sl1ppj ng ir>tu the can.ll and none
ot the planks are nail~d to the frar,\e. He indicated that Picture #6
shows stone and earth slipping under the seawall. He sta-:ed that
Cc,unty staff has indicated that no fence is requirf:'d anywhere there is
a seawall. He stated that changeR should be made in the ordinance,
adding that he has no objection to having this fence installed but he
would like the fence completely around the swimming pr:>ol. He stated
that Picture #7 shows a hedge that belongs to Mr. Pletto r f¡ west side
neighbor which is growing on a 34 inch chicken wire frame. He noted
that County staff s~ys that this is sufficient to protect a swimming
pool. He stated that Picture #8 shows the outside gate ar,d how fra-
gile it is and Picture 119 s}, ows wha t he has to look at which is a
cement block that is the .:.;-.1y thing that holds the fence against the
J&
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JUNE 6, 1989
house. He stated that he wants this matter reviewed very carefully
and see if there is SQme criminal act that has been taken on the part
of the County government.
Commissioner Volpe stated that there seems to be a safety issue as
to the manner in which the fence has been constructed and a concern
with regards to building code requirements. He stated that there
seems to be a concern that the fence is unnecessary.
Mr. Stevens stated that the fence is necessary completely around
the pool, but this homeowner does not want to have a fence completely
around the pool. He noted that this is a corner lot and he is
directly across the street from this lot and the fence i s obsr.u r 1.1g
his view of the canal.
Community Development Services Administrator Brutt stated that
the concern is the destruction of his vista of waterfront. He noted
that five different members of the Staff visited the sit;'! on several
occasions. He stated that with reg...rds to the fence, th~ height was
checked and it was found to be 3 inches too high and the owner has
agreed to lower it. He noted that the fence has a gap at the seawall
cap and the owner has agreed to close that small gap. H~ noted that
the fer.. hedge on the west side doe,. not belong to Mr. ?letto and the
height is okay and th= ownership of the contiguous enclo:.ure is not an
issue. He stated that there is no fence at the seawall ind this is
consistp:1t with the Building Official's ruling that the 3eawall is a
substantial barrier. He stated that with regards to the pool being
filled with water even though the fencing is not complet.?d, it has to
be or it will pop out of the ground. He noted that ther'~ are no
variances that are necessary. He indicated that the ownnr has agreed
to fix the gate, adding that the pool and the fence have been properly
permitted and they are currently under construction. He noted that
they have not had final inspection. He noted that Staff has gained a
statement that the b~ilder/owner will comply with the code.
Assistant County Manager McLemore stated that he wou:d suggest
that this matter be turned :;Jver to the Building Departmer,t Board of
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Adjustments and Appeals to be heard.
Mr. Stevens stated that he would suggest that Collier County have
an ethics committee .if they do not have one.
Commissioner Volpe stated that there are valid point~ and some
things need to be checked into regarding -::onstruction code or
building code requirements for fences surrounding Ðwimming pools. He
stated that he is satisfied at this time that there have not been ar:y
breaches of any of the requirements of existing ordinancE's. He stated
that he is satisfied that there has not been any violations on till ~
part of their Staff. He stated that all they can simply do is l.:!'eck
into the safety issues and the proper requirements for b\:.ilding f ~n-
ces.
Commissioner Hasse questioned if there is anything in the ordi-
nance that relates to the vista of Mr. Stevens, to which Mr. Brutt
replied negatively.
Assistant County Manager McLemore stated that this matter can be
appealed to the Building Board of Appeals on any technical rendering
rather than to a buildin~ standard or a building code issôle. He
stated that the bui 1 c'.i ng process needs to be completed and then on
final review, if there is st l.d an outstanding issue it can be taken
through another administrative route.
Commissioner Shanahan stated that all the issues have been stated
and he understands the importance of the matter, adding that he feels
that the advice of the Assistant County Manager should be followed by
letting them complete the construction and then sending ar. investiga-
tive t~am to the site.
Commissioner Saunders stated that there is no official action
needed from the Board.
It.. .8B
Menon ASSOCIATES - COKNECTION OF CENTER STREET AND CARICA ROAD -
COnIBUID TO JULY 18, 1989 AND STAFF TO NOTIFY APPROPRIATE HOMEOWNER
ASSOCIATIONS
Commissioner Saunders i ldicated that he feels that thi" item
should be continued in or-1-:,r to ensure that there is sufficient public
Jh
Pé.ge 10
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JUNE 6, 1989
notice regarding this matter. He stated that he has not received any
correspondence or telephone calls concerning the road connection.
Commissioner Volpe indicated that he has received a ~umber of
telephone calls in the last few days but he does not feel that there
has been enough time for the peoplf' to consider this matter. He
stated that he would suggest that it be deferred until everyone has
had an opportunity to check into this. He stated that a presentation
could be made but action deferred.
Attorney George Varnadoe stated that if it is going to be
deferred, he does not want to go through the presentation twict:-. He
stated that a year ago, the Board directed that this matter bé urought
back in a year. He noted that he contacted the County Manager in
writing that this be reconsidered by the Board and it was put on as a
public petition. He stated that he has fulf illed the requirements of
the petitioner. He noted that .' f the Board wants to postpone this
matter that is their decisio~, but he does not feel that he should
have to make the presentation twice.
Mr. George Buonocore, representing Pine Ridge Civic Association,
stated that the Association did know about it, adding that they have
been making telephone calls to notify everyone. He stated that
nothing has changed since last year when the original decision was
made to postpone the matter, adding that the only thing that has hap-
pened is that Orange Blossom Drive is now open and there is an addi-
tional shortcut involved. He stated that the matter has not gotten
better, it has gotten worse.
Commissioner Volpe stated that it wo\..ld be helpful if Mr. Varnadoe
would explain an overview as to what may have transpired since last
year.
Mr. Varnadoe stated that he Hould be wasting everyone's time to go
through this twice as the people wi 11 be here again next week and the
presentation will have to be made again.
Commissioner Volpe stated that suff icient time has not been
allowed for those people f':1at are concerned with this matter and he
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JUNE 6, 1989
would suggest that this item be continued until July 18, 1989.
Mr. Guion DeLoach of Pine Ridge area, stated that this has been
properly advertised, adding that some action should be taken this
date. He stated ~hat he would register his objection to any post-
ponement. He noted t~at after 14 months of delay, as to whether or
not this road is openr>.d, it is time to address this issue.
Commissioner Saun(lers stated that it is simply a question as to
whether ther~ has been sufficient publicity about the issue, adding
that he has d concern that there has not been enJugh publicity. He
stated that he feels that this matter should be continued.
C088i.sioner Volpe moved, seconded by Commissioner Hasse, ~h&t the
public petition tor Monterey Associates for the Goodlette-Frank Road
extenaion, connectio., of Center Street and Car.1ca Road be continued
until .July 18, 1989 and that Staff be sure that the homeowners asso-
ciationa be contncted regarding this matter.
In answer to Commissioner Volpe, Mr. Varnadoe stated that around
1981, what was formerly Emerald Lakes project, entered ,into a contract
with the County whereby those Developers would construct
Goodlette-Frank Road Extension from Pine Ridge Road north to
Carica/Orange Blossom Drive intersection. He stated that pursuant to
that contract, one of the things the County was going to do was to
construct a signalization at that intersection when it was needed. He
stated that the problem was that there was no date spec it ied in the
contract for the connection, which was a mistake on the part of the
developer in dealing with the County. He noted that the road was
constructed and completed in approximately December, 1987. He indi-
cated that the County Staff recommended that barricades be placed
until there was someone to use the road and consideration was given by
the Board as to whether it should be open. HI" stated that in April,
1988, the Board considered this matter and the decision was that there
was no one living in the development that would utilize the road and
the decision was made to co'l1e back in one year and discuss it further
with the Board. He stated '.:hat pursuant to this direction, he is
dO
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JUNE 6, 1989
before the Board. He noted that there have been 8 accidents at the
intersection of East Avp.nue and Pine Ridge Road based on FDOT reports
and 6 or 7 of those accidents are from people trying to turn left
across a busy four-ldne road non-signalized. He indicated that Staff
is suppor t 1.'1g the opening of this road, but if this matter is con-
tinued, he wi; 1 be back on July 18, 1989.
Commissioner Saunders stated that it was indicated that the deve-
loper made a mistake in dealing with the County in the sense that
there was no time period put in for the signalization of the intersec-
tion. He questioned what the implication meant?
Mr. Varnadoe stated that there is an agreement between the County
and the Developer to connect to these roads and the mistake is not
having specified in the contract as to when this connection would take
place. He stated that it was probably a mistake of good faith in the
developer dealing with the Coun~y. He stated that there is simply a
commitment to connect these roads ;.nd this issue cannot see~ to be
resolved.
Commissioner Saunder(; directed Staff to check on the accident
history at the above-referenced intersection.
Commissioner Shanahan questioned if Mr. Buonocore is prepared to
speak for the Pine Ridge Civic Association, to which Mr. Buonocore
replied affirmatively.
Commissioner Shanahan stated that he feels that they should go
ahead \~ i th this matter, adding that he does not feel that anything
will be gained by postponing this to July 18, 1989.
Mr. Bllonocore stated that Comn;issioner Volpe asked Mr. Varnadoe
what changed during the past year and the question was never answered.
He stated that what has changed is nothing except for the fact that
Orange Blossom Drive now continues to Airport Road and the basic
objection from the Pine Ridge Civic Association is that \-¡hen the road
opens up. it will open directly into Pine Ridge area and onto Airport
Road. He stated that their ~bjection is that it will make Pine Ridge
a dangerous shortcut. He '";cated that this will be a major artery
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JUNE 6, 1989
coming onto streets that a':e not meant to handle that traffic.
Opon ca 11 for the qu..tion, the .otion carried 3/2, (Co_i..ioner
G~gbt and C088i..ioner Shanahan opposed).
..... Rec...: 10:20 A.M. - Reconvened: 10:30 A.M. at which
ti8e Deputy Clerk ~raft replaced Deputy Clerk Kenyon .....
Ite8 gAl
AGREDŒJITS BEnŒE1f COLLIER COO1f'IY, THE COLLIER COUNTY CONCERKZD
CITIZDS, nrc. l"OR BOPEWOOD, COLLIER COUNTY CONCERNED CITIZENS FOR
IBYRASTRUCTURE AND IMMOr~EE NON-PROFIT HOUSING, INC. TO DISBURSE
POCXE'T OF POVERTY FUNDS IN THE AMOUNT OF 5910,000.00 - APPROVED
Russell Shreeve, D~rector ot Housing and Urban Improvement, stated
that the agreement betw~en Collier County and the Immokalee Non-~'rof i t
Housing, Inc. has been signed by the Director of Immokalee Non-Profit
Housing, Inc. and that the other two agreements have been agreed to by
the Vice President and the President and Mrs. Bea Harper, will sign
them when sh~ returns from out of town. He indicated that these
contracts have been checked by ~he legal staff for content.
Commissioner Goodnight thanked Staff, Mr. Shreeve, Attorneys
Cuyler and Wilson for c::Jmpleting these contracts in the 45 days the
allowed by the State.
Comai..ioner Goodnigl;t aoved, seconded by Comalssioner Shanahan
and c8rried unanillO'U81y. that the Chairman be authorized to execute
the 8gree8ents between Collier County, the Collier County Concerned
Citizens, Inc. and Iamokalee Non-Profit Housing, Inc..
George Keller. Collier County Civic Federation, questioned if
the County is subsidizing the!:ie contracts with any money?
Commissioner Shanahan responded that it is a grant and signing the
agreements is simply a formality. Commissioner Volpe questioned if
the projects are fully funded? Mr. Shreeve stated that all the pro-
jects are fully funded.
;.:r
Page 14
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JUNE 6, 1989
11:- 8C
KAY&8SIO. O~ RIGHT-OF-WAY PERMIT #6070B FOR SANCTIONED USE OF EUCLID
AVEKUE TO AUGUST 1, 1989 FOR THE WHISPERING PIKES PROJECT - DENIED
Mr. Conley of Whispering Pines, Inc., explained that the sub-
division Imperial Golf Estates, Phase 5, lies three-quarters of a mile
north of Willoughby Acres and the use of Euclid Avenue for construc-
tion traffic over 5 tons was permitted Monday, Wednesday and Friday
between 10:00 A.M. and 2:00 P.M. for 3 trips per day until June 1.
1989. He noted that upon direction of the Board of County
Commissioners, Whispering Pines, Inc. had a guard posted from 7:úO A.M.
to 6: 00 P. M., 6 days a week to keep accurate logs of the trafr:> <':nd
also directed that Whispering Pines, Inc. work with the County
Transportation Department to solidify a different access to Phase 5,
which will ultimately be served by Livingston Road. He pointed out
that Livingston Road has been defined and staked, and a portion of the
property required for the Livingstor, Raad right-of-way has been
purchased by the developer. He noted that the Developer has offered
to provide a portion of the access for the building of Livingston
Road, will sell excess fill to the County, and is seeking some other
road through Willoughby Acres to Immokalee Road. He stated that he
has been working with the Transportation Department and when the
County's tree removal permit has been obtained, their 30 foot easement
will come within a few hundred yards of merging with the developer's
portion.
He explained that the developer is asking for a 60 day exten-
sion on the existing agreement, with all Jther provisions to remain
intact. Commissioner Volpe pointed out that it is a moot point that
Euclid Avenue is a public road; the issue is permitting the use of the
County's right-of-way from the end of Euclid Avenue to access the pro-
perty to the north.
"'ape n
Commissioner Hasse ques~ioned if the developer had spoken with the
people in ~¡lloughby ALres? Mr. Conley responded "Yes". Commissioner
%~
Page 15
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JUNE 6, 1989
Volpe questioned why the first extension was not enough time? Mr.
Conley responded that the alternate route was not finished. In
answer to Commissioner Hasse, Mr. Conley replied that the majority of
the wetlands will be bypassed.
Commissioner Volpe pointed out that safety for schL'ol children was
a factor and with school out he questioned if any consideration was
given to the safety issue? Mr. Conley replied that the hours could be
changed.
Mr. Jack Pointer, representing the Willoughby Acres Property
Owners' Association, stated that he had discuss!::'d the matter \0,'1':)-. ~he
residents of Willoughby Acres, and a vote of 60 to 3 was held recom-
mending denial of the extension. He explained that the developer was
to find an alternate route and at the end of the e^tension, June 1,
1989, the Euclid Avenue extension would return to its original state.
Commissioner Volpe questioned if the issue of safety !oms a factor
that influenced the vote of the Association? Mr. Pointer indicated
that was a consideration, but the homeowners had lived up to the
Agreement and now want it terminated June 1. as agreed. In response
to Commissioner Volpe, Mr. Pointer noted that Turnbury has heavy
construction traffic and Willoughby Acres worked with them, as well as
Heritage and other developers. Commissioner Volpe suggested that Staff
prepare a regulatory agreement for Willoughby Acres and developers.
Mr. Pointer responded that Euclid and Lakeland Avenues are both used
for construction and Willoughby Acres would support help from the
Transportation Department.
Commissioner Shanahan questioned the strong vote and if any
discussion of compromise was h~ld? Mr. Pointer indicated that the
idea of compromise was discussed, but Willoughby Acres residents met
their part of the agreement and want it terminated.
The following persons spoke in opposition to the extension.
Ed White
George T. Keller
The following reasons were discussed: 6 months was enough time
for the alternate route to be completed, safety concerns regarding all
~+
Page 16
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JUNE 6, 1989
construction traffic, f.110ding during the r-3.iny season, developers'
properties !ihould have access roads in before the start at con!".truc-
tion.
Commissioner Volpe questioned !-1r. Conley about permanent access?
Mr. Conley responded that the alternate route will be the route for
home builders. Co:r.missioner Hasse questioned not corr.pleting the route
by June 1. Mr. Conley replied that it took longer than expected.
Commissioner Volpe indicated Turnbury and other developers have found
alternate means of ingress and egress.
Co..issioner Volpe moved, seconded by Commissioner Hasse, to deny
the extension beyond June 1, 1989.
Commissioner Shanahan asked if the Transportation Department had
any worthwhile comments. Transportation Services Administrator
Archibald pointed out that the County has a problem with the acquisi-
tion of right-of-way corridors towards making Livingston Road a
reality. He indicated that the County has been unable to secure the
right-at-way for the developer's access to his property as originally
planned. He noted that some credit should go to the developer for
good faith efforts in trying to establish different corridors and
acquiring right-of-way parcels necessary for r.ivingston Road. He
pointed out that the developer has cleared segments of Livingston Road
and a small link of right-of-way to be obtained will give the deve-
lopeI' access to his site. He pointed out that 60 days is a relatively
short time to obtain rights-of-way and undertake clearing of the
areas.
Commissioner Saunders quest ior1ed ~ounty Attorney Cuyler if denial
of access to the property as outlined in the motion exposes the County
to any l1abil ity? Attorney Cuyler responded it does not open the
County to any liabi 1 ity. Commissioner Volpe commented that the deve-
loper has acted in good faith, but he should have antici?ated ~his
problem, as Mr. Keller pointed out, when he sought approval for this
phase of his developn:ent. Commissioner Shanahan stated that he is
not convinced some sort of c!Jmpromise could be reached. Commissioner
/
g~
Page 17
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,-
JUNE 6, 1989
Goodnight emphasized that the Commissioners could learn a lesson from
this. She noted that both Imperial Golf Estates and Palm River asked
that construction traff ic not be allowed and the Board of County
Commissioners agreed. She pointed out that the Boarrl of County
Commissioners then told the developer to find an alte~native route,
which turned out t') be through Willoughby Acres.
CO8&lssioner S~unders called for the motion on the floor and the
vote carried 4 to 1. (Commissioner Shanahan opposed).
Ite. 9A2
RESOLUTION 89-146 - RECORDING OF FINAL PLAT AND PRELIMINARY ACC;!¡';'lANCE
OF ROA.DWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR ROS~T;~ AT
WYHDEMERE - ADOPTED WITH STIPULATION -
Assistant to the County Manager Olliff stated that Wyndemere Farms
requested recording of these plats and preliminary ac~eptance of
improvements for drainage, water and sewer and roads on an emergency
basis because the agenda deadline w~s missed. He pointed out out that
the Board of County Commissioners is being asked to record these plats
and grant preliminary acceptance of drainage, water, sewer and the
roads. He noted that the County Attorney has reviewed and approved
the plat, but an Attorney's Affidavi~ is lacking. County Attorney
Cuyler stated that th~ :notion is to be made subject to a receipt of an
Attorney's Affidavit for each of the 3 plats.
CO88issioner Volpe moved, seconded by Commissioner Hasse and
carried unanimously, that Resolution 89-146 be approved subject to
receipt of an Attorney's Affidavit within ten days.
~(p
Page 18
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J'U1IlE 6, 1989
1 tes 9U
RESOLOTI08 89-147 - RECORDING OF FINAL PLAT AND PRELIMINARY ACCEPTANCE
01' ItQ.I..IMAT, DllAIXAGE, MATER AND SEWER IMPROVEMENTS FOR VILLA FLORESTA
AT M'YlIDJDmIΠ, PHASE II - ADOPTED WITH STIPULATION
~s.loner Volpe moved, seconded by Commissioner Hasse and
carried unani80U81y, that Resolution 89-147, re pr~li"inary acceptance
of roadway, drainage, water and sewer i.proveaents for Vllla I'loresta
at WyDd88ere, Pha8eII, be approved subject to receipt of an
Attorney's Affidavit within ten days.
Page 19 qá--
-, .- ..-.-.-.,-.-.,------
.:TUNE 6, 1989
Itell 9A4
RESOLUTION 89-148 - RECORDING OF FINAL PLAT AND PRELIMINARY ACCEPTANCE
OF ROAIMAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR GRASSMERE AT
~, PHAS E I.. - ADOPTED WITH STIPULATION
Co..issioner Volpe moved, seconded by Commission~r Hasse and
carried unanimously, that Resolution 89-148. re prelimi~ary acceptance
of roadway, drainage. water and sewer improvements for Grassmere at
Wynde..re, Phase I , be approved subject to receipt of an Attorn~y's
Affidavit within ten days.
Page 20 qi
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JUNE 6, 1989
Ite. iS1
RESOLUTION 89-141 AUTHORIZING ACQUISITION OF PARCELS 125R AND 126R BY
GIFT. PURCHASE OR CONDEMNATION rOR THE FOUR-LANING OF S.R. 9~1 FROM
U.S. 41 TO THE MARCO RIVER BRIDGE - ADOPTED
Transportation Services Administrator Archibald 5tated that
acquisition of P;;¡rce1s 125?, a 7-F,leven convenience st?re and
126R, Del's conv~nience store, <ire the last of the remaini;1ÇJ rlght-of-
way issues to be acquired by Collier County for the purpose of four-
laning S.R. 951. He pointed out that both parcels are improved, with
businesses in operation, and their on-going activities are rela':Jve to
the time frame of the construction.
He noted that the County Attorney and the County's Condemnatl¡:¡n
Attorney Joe Fixel prepared a Reso>ution es~ablishing need to acquire
these 2 parcels a;1d the basis for acquiring ',.¡hole parcels relates to a
number of factors: 1) recognition that the ,::oun:y is acquiring a
large amount of the parcels to serve the rural-type section to be
constructed and 2) environmental issue of the impact on the wetlands.
He s:ated that U".e wetlands impact wi 11 have to be mitigated by the
purchase of uplands and creating wetlands fr:::>m the uplands. He
explained that the properties in this location can be used for th~,s
purpose. He emphasizt:!d that the final concern addressed in the
Resolution is traffic safety at the intersection of Manatee Road and
S.R. 951 due to the 51 accidents occurring because of driveway cuts.
He pointed out that after approval of the Resolution by the Board of
County Commissioners. Staff would contact the owners of these parcels
for purchase, and if the agreement r,"laj-ive to the time frame
necessary for construction could n,Jt be worked out, condemnation
action could be initiated.
Commissioner Saunders questioned if sufficient room is available
to allow construction without taking the bui':dings? Mr. Archibald
responded that in both cases there would be substantial impact on the
existing improvements. Commissioner Saunders indicated that after
speaking with Mr, Ackerma:1 in reference to De 1 's convenience store, he
wondered if acquisition of the front part of the property was con-
JOt/-
Page 21
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JUNE 6, 1989
sidere-1? Commissioner S,unders expressed his opinion that taking an
improved piece of property and turning it Lito wet lands is less logi-
cal than purchasing unimproved property. Mr. Archibald replied
that the right-of-way currently planned involves taking the building
beyond the storefront. He noted that mitigation alo~g the roadway
requires uplands to be converted to wetlands, as required by the
State.
Commissioner Volpe and Commissioner Saunders agreed that
acquiring an entire parcel is less expen.>ive. Commissioner V:Jlpe
indicated that the cost of acquiring these two parcels, $750,OUC to
$800,000, as opposed to the entire project costing $2.500,000.
He questioned the ongoing activities within the construction time
frame and asked if there is a delay occurring in obtaining the parce l,
what is the alternative? County Attorney Cuyler responded that the
County has legal tit Ie to the property, and can move on the property
when they choose to, and outside counsel recommends an entire taking,
rather than a partial taking in this case. Commissioner Saunders
questioned the evaluation on the property? He noted a jury trial may
be required on the evaluation and the County would have to pay attor-
neys' fees, etc. He interpreted taking the fron'.:. part of thf" property
for sufficient right-of-way would allow the Del's convenience store to
operate, and the idea of taking the entire piece of property evolved
because it would be cheaper than taking a portion of the property.
Transportation Services Administrator Archibald responded that the
figures in the agenda item do represent updated appraisal costs and
include $50,000 for possible legal fees, appraisals, etc. He noted
that the figure has been reduced over prior estimates, but simply
acquiring the whole property because of a reduced cost is not the
case. He pointed ,Jut that environmental mitigation, encumbering the
building improvements themselves and acquiring the entire par;el to
eliminate the numerous driveway access poi::lts to improve the highway
safety at that location. Attorney Cuyler stê1ted that the Court deter-
mines if the County's good :aith appraisal is appropriate, whether
/
Ie!,
Page 22
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._. - .
JUNE 6, 1989
there is a whole or partial take, and business damages. He pointed
out that there is always the possibility of a trial. He explained
that this Resolution was framed with eminent domain's counsel review
and participation and from a legal prospective he ctosc the best way
to proceed and, at the same time, protect the Board. Commissioner
Shanahan questioned Mr. Archibald about negotiations with the property
owners. Mr. Archibald responded that initial contacts were made over
3 years ago with the lessee, not the fee simple owner. Commi..s 10,1er
Shanahan pointed out that in 3 years the County has not come to ,\n
agreement, and the County has been critJcized for not having ':~",! 351
project ready. He suggested putting a finance package together to
move ahead in 1990 and finish four-laning by 1993. He stated that
negotiations are st ill open for these properties and this Resolution
gives the County the opportunity to move in with a fair and curr~nt
value of the property and improvements. Mr. Archibald concurred.
Commissioner Volpe questioned the zoning of the property.
Transportation Services Administrator Archibald responded it is
currently zoned C-4. Attorney Cuyler stated he would provide a
memorandum to the Board of County Commissioners relating to the possi-
bilities of continued use of the property. Commissi~ner Hasse com-
.ented on the depth of the property and questioned wnat would be
added? Mr. Archibald responded that 100 feet of right"of-way is being
added, and approximately 83 feet of depth is required for minimum
road improvements in construction projects.
Commissioner Shanahan commentp.d ',hat future needs sh':mld be taken
into consideration because 951 will go to 6 lanes. Commissioner
Saunders suggested Staff evaluate whether or not the entire parcel
needs to be acquired.
Commissioner Volpe questioned where the funds are coming from?
Mr. Archibald responded that the funds are programr.¡ed in Secondary
Road Fund 313 plannei.l for the acquisition of 951. In response to
Commissioner Volpe, Mr. Archibald explained that money has been
expended for 49 of the 53 parcels and a monetary breakdown is
jO¿
Page 23
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JUNE 6, 1989
available to the Board of Cnunty Commissioners.
Nancy Ackerman, owner of Del's store, stated that she was not
aware the meeting was June 6, 1989. She explained that Kevin
Hendricks, Right-of-Way Supervisor, cuntacted her at one time about
the possible four-laning of 951. She indicated that she owns and
wants to keep the business, the community wants the business to st:ay,
and noted that since the traffic light was installed there have been
only 5 accidents at the interoection ot Manatee Road and 951. Sht:
emphasized that she would like to move the building to the back. vi the
parcel. Mr. Archibald responded that the County met with Mr. A ck.-'!rman
although he was not the fee simple owner, to discuss alternati~es. He
explained that if an agreement cannot be worked out with the fee
simple owner, the County will have the right to condemn the property.
He explained that the lessee has a relationship with the owner and the
County has to deal directly witL the owner.
Commissioner Volpe questioned Staff pursuing a partial taking of
the property. Mr. Archibald pointed out that there is only one basis
to consider a partial take and that would be where the relocation of
the building would be made to the adjacent property.
C~..ioner Shanahan lIOVed, seconded by Comaissioner Haa~e that
Re8olu~ion 89-1'1 authorizing the acquisition of lanc:1s by gift,
purch88e, or condeanation, necessary tor the tour-laning of State Road
951 troa 0.5. .u to the Marco River Bridge, be adopted, and Statt
inves~igate partial taking ot Parcel 125R.
Commissioner Volpe reque~ted a status r"'-port from Attorney Cuyler
regarding the status of the prope~ty between the time of taking and
the time of construction.
Upon call for the question the .otion carried '/1. (C~is8ioner
Saunders opposed)
/01
Page 24
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. _._,------ ..-
.TUJrE ð, 1989
.....C088issioner Saunders left at 11:!50 A.M......
It:- 982
RZSOLCTIOK 89-1.2 PROVISION OF ROAD AND WATERLINE IMPROVEMENTS IN THB
RORT1f .APLES ROADWAY MSTU AND ASSESSMEH'T DISTRICT - ADOPTED
Transportation Services Administrator Archibald stated that this
Resolution will initiate action to recompute the estimated construc-
tion cost for right-of-way and financing for the North Naples Ro~dway
MSTU and Assessment District necessary for drawing down bond monil!s.
Commissioner Volpe questioned last week's reassessment caL:....:lated
to be 11-1/2 millio~ dollars and cost is now 12.2 million doll~r~~
Mr. Archibald responded that the right-at-way cost increased $~QO,OOO
and the funding by bonds and associated finance costs. Commissioner
Volpe noted the substantial increase property owners will incur.
Mr. Jay Smith, a property owner in Naples, indicated that in 1985
no access to properties in the Nort~ Naples area was available. He
pointed out the property owners' support for this project and that it
will create a precedent for Livingston Road throughout Collier County.
He pointed out that property owners have donated right-of-way but are
asking for larger amounts by acquisi~ion. He emphasized that the pro-
ject is needed as quickly as possible.
C0881ssioner Shanahan moved, seconded by Commissioner Volpe and
carri~ ./0 that Resolution 89-142 be adopted. (Commissioner Saunders
ab8en t:)
II j-'
Page 26
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.-
.JUJfE 6, 1989
Itea ..3
RESQLOTIO. 89-1'3 ESTABLISHING JULY 6, 1989 AT 1:00 A.M. AS PUBLIC
HEAKIIG DATE TO CO.SIDER TENTATIVE APPORTIONMENT OF COSTS FOR NORTH
.AYLES ROADKAY MSTU AND ASSESSMENT DISTRICT - ADOPTED
Transportation Services Administrator Archibald stated that this
Resolution estahlishes the date for the public hearing as July 6, 1989
at 9:00 A.M. in Boardroom F, Collier County Courthouse Complex, for
the tentative apportionment of costs for North Naples Roadway MSTU and
Assessment District. He explained that the notice includs the
following 3 changes recommended by bond counsel: 1) nQ provisic~ for
the prepayment of assessments, included together with a notice stilting
that assessments may not be paid until the project is complete and
assessments confirmed; 2) each assessment constitutes a lien upon the
property as assessed and 3) notice added on the second page indicating
that all persons are encouraged to review the plans, specifications
and tentative apportionment of the cost on file. Commissioner Volpe
questioned if these changes had been revieweå and approved by bond
counsel? Mr. Archibald responded "Yes,"
Tape ~ aa.ltunctlon
Commissioner Volpe questioned paying the assessments in 27 annual
installments? Mr. Archibald responded that a condition is prepayment,
but the installments can be paid annually up to 27 years. Assistant
County Manager McLemore stated that the County is going with bi-modal
bonds rather than regular assessment bonds. Commissioner Volpe noted
that the Finance Committee will initiate a resolution asking the Board
of County Commissioners to approv~ recomputation of the total cost of
the North Naples MSTU and Assessment District.
COIUIissioner Shanahan JIIoved, seconded by CoJllJllissioner Goodnight
and carried 4/0, that Resolution 89-143 establishing July 6, 1989, at
9:00 A.M. in Boardr'.,olll F, Collier County Courthouse Complex, as the
public hearing date tor costs ot the Korth Naples Roadway MSTU and
Ass....-nt District, be adopted. (Commissioner Saunders absent)
I~O
P8g8 25
-.
~ .-..,....,...-'...'.'.-...'.
.JUJfE 6, 1989
11:- 9<=1
CO.~xAÛCTIO. OF TNO TEKWIS COURTS AT A COST OF $'4,000 AT KORTH KAPLES
C~~.LTY PARE - APPROVED
Publi.: Services Administrator O'Donnell indicated additional ten-
nis courts are needed and Staff requests authorizing Wilson, Mi ller ,
Barton, Soll & Peek, Inc. to design and advertise for competitive
bidding construction of two additional tennis courts for the North
Naples Community Park. He noted that citizens have petitioned f;:.r
more tennis courts because the County does not have sufficient courts
to meet the demand. He pointed out that funds are available in the
existing budget allocated to Parks and Recreation and the courts can
be ready for early Fall. He indicated that the cost for construction
of these tennis courts will be approximately $40,000 in addition to an
estimated engineering fee of $4,000. Commissioner Goodnight and
Commissioner Shanahan questioned the 10% engineering fees. Mr.
O'Donnell responded that was for site preparation, and Staff uses a
10% range. He pointed out that existing specifications from other
community parks will be used rather than a new design.
C088iaaioner Volve .oved, seconded by Commis8ioner Shanahan and
carried 4/0, to approve the construction or two tennis courts at Korth
Kapl.. Coaaunity Park. (Commissioner Saunders absent)
Commissioner Volpe commented that there is a need for better
control of the cost.
Commissioner Hasse complimented the Public Services Department on
the East Naples Park and noted that the progress is fantastic.
Commissioner Shanahan questioned the August 1 date of completion and
Mr. O'Donnell stated that date is guardedly optimistic.
11:- 9C2
DISCUSSIO. or TROY PROPERTY AND UPDATE ON LIBRARY HEADQUARTERS
EXPAJrSIO. - COIITRACT WITH GORA MCGAHEY TO DEVELOP PI-AJfS FOR
HEADQUARTERS LIBRARY - AUTHORIZED
Public Services AdmlnJstrator O'Donnell stated that Staff is now
negotiating with Gora McGahey for engineering/architectural firms to
/;1
Page 27
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JUNE 6, 1989
develop plans for the Library Headquarters expansion. He pointed out
that during that time County Manager Dorrill was approached by the
City of Naples to relinquish the present site to the City for a park
and in return the County could construct a new and larger fac i li ty on
the Troy Property. He explained that the Troy property site would
allow approximately 35,000 square feet for a larger Library
Headquarters. He stated that The Friends of the Library own the 2.5
acre tract of the present headquarters and would also own the site on
the Troy property. He noted that appraisals and an interlocaJ
agreement with the City of Naples would have to be presented to the
Board of County Commissioners for recommendation first and then to the
City Counc 11.
Mr. O'Donnell reported that the July 28, 1989 deadline for a
$400,000 construction grant from the State for the current li brary
expansion site may be missed. Commi'3sioner Hasse questioned building
on the existing property and Mr. O'Donnell responded that the Troy
site would allow a larger building to be erected and the Board of
County Commissioners should be apprised of the possibility.
Commissioner Hasse questioned the COf:t and Mr. O'Donnell replied that
Staff is in the process of finalizing papers with the architect.
Commissioner Hasse then questioned preserving the $400,000 grant? Mr.
O'Donnell responded that the grant application must be submitted to
the State and the expansion headquarters must be at a certain stage.
He explained that Staff feels this can be done for the existing
library by July 28, 1989, but not in time for the Troy property. He
indicated that if the grant cycle is missed, construction could be
postponed until next year when the next grant comes forward.
Commissioner Shanahan asked for clarification of The Friends of
the Library and the property deeded only for a library. Mr. O'Donnell
responded that was his understanding. Commissioner Shanahan
questioned amending the Deed and a land swap before the building is
erected? Mr. O'Donnell replied that the City is interested in the
existing library building. Commissioner Shanahan noted that concep-
J~q
Page 28
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JUNE 6, 1989
tual approva,\ is being requested and Commissioner Volpe replied that
more than that is involved. Commissioner Volpe indicated that the
ideal has potential, but the possibility of missing the window to
apply for the grant has to be considered. He pointed out that he sees
no particular benefit to the County as the County will be expending
money towards the design of expansion. He emphasized that the present
parcel would be deeded to the City of Naples but The Friends of the
Library would own the parcel in the Troy site. Mr. O'Donnell
responded that The Friends of the Library's main economic ass~t i::. the
existi~g property, but pointed out that they will lease it long-term
to the County. Commissioner Volp~ pointed out that the City of Naples
will acquire property at no cost to them. He questioned the likeli-
hood of a July 28 deadline being completed for the Troy property. Mr.
O'Donnell indicated he was high:y pessimistic; it takes two months to
complete the package necessary for the State.
A discussion followed about the $400,000 grant.
Commissioner Volpe noted that the County can forego the grant and
proceed pursuit of the Troy property in the next fiscal year, applying
for another grant at that time. In response to Commissioner
Shanahan, Mr. O'Donnell stated that the $400,000 grant is r.ot
flexible as the State approves the plans submitted. He pointed out
that different plans must be resubmitted to the State.
A discussion followed about the time limit for the grant.
George Keller, Call ier County Civic Federation, stated that the
County is premature in considering this !,wap as the City of Naples
does not have title to the Troy property. He pointed out that the
County should not give away a building for unimproved land and the
County knows the cost of the building and land for the present Library
Headquarters.
Commissioner Volpe commented that the Troy property has potential
in terms of the location al'd accessibility. Mr. O'Donnell suggested
wrapping up the contract with Gora McGahey and submitting it to the
Board of County Commissioners and pursuing the Troy property simulta-
)10
Page 29
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JUNE 6, 1969
neously.
C088issioner Volpe moved, seconded by Commissioner Shanahan and
carried ./0 that Staff be authorized to negotiate a contract with Gora
MCGahey to develop plans for the Library Headquarters expansion and
also to pursue the Troy property as an alternate location.
(Co..1ssioner Saunders absent).
...
Recess 12:31S P.M. - 12:.1SP.M., at which time Deputy Clerk
Hoffman replaced Deputy Clerk Kraft.
...
Ite. 9Dl
RECOMMENDATION FOR ACCEPTANCE OF WATER/SEWER MASTER PLAN FOR T~
COLLIER COUNTY GOVERNMENT CENTER - STAFF TO SOLICIT PROPOSALS FOR
DESIGN AND CONSTRUCTION FOR PHASE I; FIVE MEMBER SELECTION COMMITTEE
TO BE APPOINTED
Engineering Projects Manager Donegan reported that the Office of
Capital Projects Management has been working on this project with the
consultant for the past year. P.e noted that with the addition of the
Courthouse, Health Services Building, and the future Jail addition, it
has been determined that there is a need to improve the present water
and sewer systems. He advised that the fire flow in the 'rlater system
is low, and those capabilities need to be increased, He stated that
there is a pumping station on the property which discharges to the
City Plant via the force main on Shadowlawn, and to increase the flow
to this system, the pressure and capacity of the pump needs to be
increased.
Mr. Donegan advised that the Plan that Staff is proposing today,
is part of the Master Plan which was to carry the County to the year
2005, and then to look for future service:.; to the County property
through the City or through the County, adding that today, the ser-
vices arl" through the City. He noted that the first Phase will be to
continue with the City services on an immediate need which will take
the County through the interim period. He indicated that two 8" lines
will be added to the 8" line on U.S. 41, which will increase the fire
flow capability, and Hill a~low the County to handle the interim
situation. He stated that '~he size of the pumps in the existing pump
/Sf
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JUNE 6, 1989
station will also be increased, but there will be no changes in the
discharge of the force mains at the present time. In summary, he
requested that Staff be authorized to engage an engineer to assist
with the interim changes.
Utilities Administrator Arnold stated that the City recently
approached Staff, offering tradeoffs of the water/service areas that
are governed by both the County and the City, noting that one of ~he
areas for consideration is the Courthouse Complex and sectiofl'J a :-Jng
Airport Road.
Commissioner Volpe explained that he has no problem with moving
forward with Phase I, but this item is bei~g presented as moving
toward implementation of Phase I of the Master Plan for the Collier
County Government Center and the Master Plan is not in place yet.
Mr. Donegan indicated that I/hatever is being done today, will be
integrated into the overall plan.
Coaaissioner Shanahan .ov~d, seconded by Comaissioner Volpe and
carried 4/0 (Co..issionel' Saunders absent), that Staff be authorized
to solicit proposals for design and construction services for iaprove-
-.nt. to the Hater/Sewer System Phase I, and that a !5 _mber selection
c~tt.. be appointed.
It.. ftD2
STAFF ADTHORIZED TO SOLICIT AND SHORT LIST PROFESSIONAL EXGIRXERING
SDVXCD J'OJt A OW MATER BOOSTER PUMP STATION A1JD A !5 MILLION GALLON
STORAO:Z T.I.1If1':/PUMPIIfG STATION
Utilities Administrator Arnold informed that the projects under
discussion are those that the Utilities Division deems appropriate to
initiate design at this time. He noted that these projects ~re
included in next year's proposed budget, however, Staff believes that
there is the need to move forward in a time 1 y fashion to retain the
engineers during this fiscal year so that construction can begin as
soon after October 1, as possible. He advised that the two projects
are proposed to accomplish neeting the demand of the next two tourist
seasons prior to getting uu line the North County Treatment Plant.
Mr. Arnold reported that the first project is the addition of a
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JUNE 6, 1~B9
raw water booster pump st~tion to the County's existing tran~mission
main from the wellfield for the Regional Plant. He advised that the
flow capacity will be increased to handle the full allocation of the
well! ield in Golden Gate Estates.
Mr. Arnold advised that the second project is the addition of a
second 5 million gallon storage tank at the Carica Road site, noting
that the ultimate construction of this will be dependent on the reso-
lution with the City of the on-going issue of the current tank at the
Carica site and the settlement of same.
Mr. Arnold stated that the recommendation of Staff is that ti)ey be
authorized to solicit engineering services for these projects, with
the unde~standing that a short list of the consultants will come back
to the Commission for a decision. He advised that the estimate for
constru.:tion of the tank Is $1 million; relating pumping station to be
constructed adjacent to the tal'k is estim;;¡ted to cost $350,000, and
the raw water station is estimated at $400,000.
In answer to Commissioner Hasse, Mr. Arnold indicated that there
are currently "grey" arf'as in the initial agreement regarding the tank
and the transfer thereof, noting that Staff is in the process of
working out the details.
Commissioner Volpe stated that this raises a concern, in that the
Commission is being asked to move toward the engagement of engineers
for the design of a storage tank on a location that the County does
not own, and there are issues as to whether the County will be able to
acquire this site.
County Attorney Cuyler advised that there have been discussions to
work out this issue without litigation, but if this cannot be worked
out, the issue will be brought to court for a determination. He indi-
cated that his opinion is that the County will acquire what it needs
to acquire.
Mr. Arnold stated that he strongly advocates the County getting to
the position where it hat plans and specs on the shelf for projects,
noting that Utilities ~~ojects are generally very time-sensitive.
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JUNE 6, 1989
Co;nmissioner Shanahan questioned how long the selection process
will take tor presentation to the C..¡mmission to get to the design
stage? Mr. Arnold replied that typically, this will take 2-3 months.
ColIUl1issioner Shanahan indicated that he feels that everyone
recognize3 the serious nature of the problem, and he feels thiit the
Commission should go along with the recommendation of Staff.
C0IIILi88ioner Shanahan aoved, seconded by Co..issioner Goodnight
and carried 4/0, (CoŒ8i8sioner Saunders absent), to authorize S~.ft to
8O1ici~ profe..ional engineering services tor a raw water bcYJate:r' pu8p
station and a five .illion gallon storage tank/PU8ping station; and
that a Staff evaluation co..ittee be established to provide a short
list of the consultants and bring recommendations back to the Board.
It- rJD3
AKEJfD1W AGREDmJIT BETWEEN THE LZLY DEVELOPKElfl' CORPORATION AIm THE
COOWTY/MATER S~ DISTRICT - A?PROVED
Utilities Administrator Arnold stated that this item is a request
to approve an amendment to the Agreement between Collier County and
the Lely Development Corporation relating to the water improvements
in the North Naples and Lely Barefoot Beach area. He noted that the
Agreement was for Lely to deliver the construction plans and specifi-
cations and to make a contribution to the County for a 16" water main
on Vanderbilt Drive and Bonita Beach Road. He advised that last week
a Change Order was approved to the T. A. Forsberg contract, which
authorized him to proceed with Phase II. which is the improvements
along Boni:a Beach Road.
Mr. Arnold advised that the requested amendments make the adjust-
ments to the Lely Agreement so that it is in conformance with the
action that the County is taking regarding changing the improvements
to Bonita Beach Road. He indicated that the Agreement originally
called for a 10" line to run from West Avenue to Lely Barefoot Beach.
He noted that Staff desires to minimize the expenditures on Bonita
Beach Road, since this road is facing a future four-lane widening
within the Five Year Roa~ ~lan, and the same adjustment needs to be
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JUNE 6. 1989
.ade to the Lely Agreement.
Co8ai.88ioner Goodnight lIOVed, seconded by Co..issioner Shanahan
and carried 4,/0 (Co..issioner Saunders absent), to approve the ...nded
Agr..-nt betw.en the Lely Development Corporation and the County
Mater/Sewer District and authorize the Chairman to sign said ~nded
.A.gr..-en t.
/
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JUNE 6, ¡:¡89
I't- IE1
azsoLOTXO. 89-166, REQUESTING TRANSFER OP STATE ROAD 9~1 RIGHT-OP-NAY
PAItCEL JrtIIOSD. 117. FROM "!1IE TRUSTEES OP THE IlfrERNAL IMPROVEMEIIT TRUST
FDWD OF TBS STATE OP FLORIDA TO THE FLORIDA DEPARTMElfr OF
TR.UrSPOK1'ATIOR - ADOPTED
Transportation Services Administrator Archibald stated that the
proposed resolution is a request to transfer rights-of-way for the
State Road 951 project between the Internal Improvement Trust Fund at
the State Leve l, to the Florida Department of Transportation. He
reported that the State is considering the transfer of Parcel 117 ,",s
part of the right-of-way commitments for the SR-951 project. :i'~
advised that appraisaJs have been performed, noting that both U~e
State and the County agreed upon the value of $34,900 for approxima-
tely 3 acres of property.
Mr. Archibald reported that in Ja;,uary, 1989, the Board of County
Commissioners adopted a resolution requesting that the Trustees of the
Internal Improvement Trust Fund transfer that property via deed to the
County for the efforts it is undertaki:1g to acquire the necessary
rights-at-way. He advised that the Trustees of the Internal
Improvement Trust Fund had problems with the resolution: 1) trans-
ferring the property as a deed, and ~) transferring the property to
the County, in that, the FDOT is not only the operating agency, but it
is the agency responsible for construction and maintenance of SR-951,
He indicated that the County is now looking at a resolution that is
not a deed, but an €. ..if.:ment to the FDOT. He advised that the dollars
remain the same.
Commissioner Volpe stated that tre State is asking the County to
pay them for the acquisition of the right-of-way for SR-951. He ind-
icated that he f e,"l s that the !:Jasis of their request is flawed, since
this was a County ~oad and not a State Highway. He indicated that it
is disturbing to ~now that the State is asking the Count'y for $34,000.
Mr. Archibald indicated that Staff concurs with Commissioner
Volpe's statement, noting that they have been attempting to get the
State to take a different position for the past 5 months. He advised
/((,
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JUNE 6, 191.'9
that the County paid for ~hose lands, and payment was dictated as a
result of this being property that was a part of the CARL Project. He
noted that the property that the State paid for, is what they are
asking the County to pay its fair share.
Commissioner Shanahan indicated that he agrees with Commissioner
Volpe, and suggested that the County offer the State $1, in exchange
for developing this road for them, noting that possibly th'!! $1 offer
will bring this to the Governor's attention.
Mr. Archibald stated that Staff's position is that this should be
a donation, but the various State Agencies have rtifferent goals. iie
noted that the DNR's goal is primarily the preservation and
recreational use of the properties they purchase, and the FDOT and the
County are not to use those properties for recreational purposes.
CQ88d..laner Shan*h.n 8OVed, seconded by Co8mlssioner Volpe to
adopt ftasolution 89-144.
Commissioner Volpe noted that tr,ere is a distinction in the nature
of ownership, and Staff may want to have its appraiser look at the
value of an easement, as opposed to a fee, adding that this may be
less than $34,000. Mr. Archibald advised that Staff will pursue this.
Upon call for the question, the .otion carried 4/0 (C0881s.1oner
Saunders absent).
It/?
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JUNE 6, 19!39
11:.. nJi2
STAFF TO SOLICIT PROPOSALS FOR CRIMINAL JUSTICE CONSULTANT TO PERHORM
CCJMP'K,EJIDSIV"E IJl"nGRATED CORRECTIONS AlfD STRATEGIC DEV"ELOPM"E1f1' PLAN,
AJm PROVIDE SHORT LIST OF THREE CONSULTAN'l'S - APPROVED
Assistant County Manager McLemore advi&ed that this item is a
request for Staff to solicit proposals from a Criminal Justice
Consultant, to develop a long-range plan f,")r tr.e Correct ions
Facilities, and the supporting agencies involved in the Corrections
System. He noted that this will give the Corrections Advisory
Committee the capacity to: 1) meet its Statutory obligations for
directing the planning and setting the targets to develop the ~.i:"'.,c-
tion of the Criminal Justice System; 2} provide information to make
important decisions regarding Criminal Justice needs; 3) greatly
improve the ability to amend the Growth Management Plan in the future
by making short, mid-term, and long term decisions; 4) result in an
improvement in the efficiency of the administration of justice.
Mr. McLemore stated that the actual funding mechanisms will be
forthcoming, after the selection process. He noted that Staff is
further requesting that the selection committee provide the Commission
with a short list of three consultants, in order of committee pre-
ference.
Commissioner Volpe indicated that he feels that it would be more
appropriate for the committee to engage this study after the new
budget cycle. He stated that perhaps there are grant :Donies
available, and that Sh(:riff Hunter could be instrumental in having a
source at funds available for this study. Mr. McLemore advised that
Staff will be looking into various f~nding recommendations, noting
that today's request merely authorizes Staff to solicit proposals,
interview the consultants, and provide a short list to the Commission.
Commissioner Shanahan questioned whether the study requires exper-
tise that is not available in-house? Mr. McLemore advised th~t the
general consensus of the committee is that the scope of services is
quite detailed, involving architectural and social disciplines, in
addition to how to deal wit~ the difficult problem of overcrowding,
/5'°
Page 27
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JUNE 6, 1989
both in the short term sense and the long term, and the impact of the
incarceration programs facilities versus the alternative.
Clerk Giles question~d who the Corrections Committee are? Mr.
McLeMore advised that the membership is set by Florida Statute 951.26,
noting that the Chairman of the Board of County Commissioners is the
Chairman of the Committee, Sheriff Hunter serves as an Ex-Officio
member. He indicated that he will provide a copy of the membershIp to
Clerk Giles.
eo-i..icmer Volpe 1IOVed, _conded by C0W8iaaioner 3ha.nah~ and
carried ./0 (CO88i..ioner Saunders absent), to authorize Staff to
8O1iclt propo.ale tor a Criainal Justice Consultant; Selection
CO88dtt.. to provide a short list of three Consultants in order of
Co88dtt.. preference.
It- nS3
RESOLDTIOR 89-14ð, AMElfDME!ITS TO THE INDENTURES OF TRUST SECURING THE
COUIIT'f' S SOLID WASTE REVENUE BONDS (RESOURCE RECOVERY OP COLLIER, INC.
PROJ'ltCT) , SERIES 1985A ARD THE COURTY'S SOLID WASTE REVJ!NUE BORDS
(RESOURCE RECOVERY OF COLLIER, INC. PROJ'ECT) , SERIES 1985B - ADOPTED
Assistant County Manager McLemore advised that this item is one of
a timing problem. He noted that the Solid Waste Management Master
Plan Study Committee was to report back to the Board of County
Commissioners during the first week of July, wi th a full committee
report regarding the mass burn technology, which would demonstrate the
need for the Resource Recovery Bonds that are currently escrowed, in
case those bonds are needed. He indicated that the reporting date
occurs during the Commission's summer reress. He advised that a
public hearing could be scheduled during the first week of July, but
Staff is uncomfortable with this suggestion, since they do not believe
that this very important issue can be addressed in one meeting to make
the decision relative to the potrntial use of the bonds, and the
potential development of resource recovery.
Mr. McLemore advised that in order for the bonds to remain in
escrow, and to continue thF County's right under the Amended Tax Form
Act to use those bonds, there must be at least three weeks notice to
Page 38 )tl
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JUNE 6, 191'.9
keep the bonds available. He noted that the two alternatives are:
that the Commission make their decision on July 3, or the bonds can
be .olled over for an additional 90 days which will give the Board and
the public the time to properly debate this issue, prior to the final
decision. He stated that there will be $3,500 in Trustee fees.
Mr. George Keller stated that there is no particular tax advantage
in extending the bonds. He indicated that the solution will not be
solved in 90 days, and he feels that the bonds should be extended for
six months.
Mr. McLemore advised that the rollover of 3 months and 6 ~~=t~a
are two different things. He suggested that the County remain with
the 90 day extension.
Mr. Dave Fischer, SunTrust Securities Financial Advisor, indicated
that the reason for the suggested 90 days vs. 6 months, is that the
County has gone beyond the initial three years, and in order to
proceed and obtain a clean opinion from Bond Counsel it must show
progress. He noted that a study is in progress, and it will be pre-
sented to the Commission, prior to the time extension of the bonds.
He stated that there are advantages to privatization, if this is the
route that the Board desires to take.
CC8IÚ...ioner Shanuhan moved, seconded by Co..issioner Goodnight
8Dd carried 4,/0 (Co..issioner Saunders absent), to accept the reco.-
88ndation of Staff, extending the Resource Recovery Bonds an addi-
tio~ iO days in order to enhance the Board's and public's
participation in decision making relative to the adoption of the Solid
Ma8te Kanage.ent Master Plan and the altiaate fate of the Resource
Recovery BondJl. and that Resolution 89-14,5 be adopted.
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JUNE 6, 1989
It- nB4
FORMAL BIDDIKG PROCESS WAIVED; OFFICE FURNITURE FOR COUNTY ATTORNEY'S
OR:ICX 1'0 BE PURCHASED FROM OFFICE FURNITURE AND DESIGN IN THE AMOmrr
OF $18.877.89 ARD FILE ONE IN THE AMOmrr OF $18,200 - APPROVED
Purchasing Director Carnell stated that this item is a request to
purchase office furniture for the County Attorney's Office. He noted
that on Apr 11 18, 1989, the Commission authorized additional staffing
for the County Attorney to enable that office to k~ep pace with its
growing workload, He indicated that the County Attorney's Office ~ill
be relocating to the eighth floor of Building "F" by the end 'Jf~ :'.ine.
Mr. Carnell advised that by the time the furniture was sell:!cted
and budget matters resolved, it was the middle of May. He noted that
it was at that point, that Staff determined what portion of the
Attorneys' furniture could be acquired through the quotation process,
and wha t items should be put out to bid. He indicated that the
Purchasing Department did obtain qurtations for the furniture, and it
was determined that the total pricing for the three lines of furniture
and other various items exceeded the bid limit, and there was no
natural ~. i of subdividing thos~ purchases so that Staff could legiti-
mately buy a portion of the furniture through quotations. He indi-
cated that a determination was made that Staff should follow the
formal bid process or request a waiver from the procurement process.
He advised that the time involved in acquiring the furniture through
the sealed bid process would involve an additional 4-6 weeks. He
noted that Staff's recommendation is that the bid process be waived,
and that the County Attorney's furni t'lre be procured tl¡rough the
quotations which have been received by the Purchasing Department. He
recommended that awards be made on the basis of the various brands of
furniture that have been considered: Alma Brand & Executive Brand to
be awarded to Office Furniture & Design; and St. Timothy Brand to be
awarded to File One.
Commissioner Volpe stated that the reason he requested that this
item be removed from the cor .sen t agenda, is so that he could
understand the process. He questioned whether this is all the fur-
J!,;
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JUNE 6, 1989
niture that will be requirf'.d for the County Attorney's Office? Mr.
Carnell advised that this is all that the Purchasing Department was
asked to solicit for.
County Attorney Cuyler stated that the Commission has approved the
staffinc¡ of additional attorneys, noting that his Staff has been
working in cramped quarters for the past two years. He indicated that
he prefers not tc piecemeal the office for the next six months.
Commissioner Hasse noted that he has observed the County
Attorney's Office functioning under what he considers a tremer'.t',o\.'~.
hardship, and he believes that it is time to give them some adè~tional
room so that they can function properly.
Assistant County Attorney Wilson reported that the requested fur-
niture is about 1/2 of what the County Attorney's Office will be
receiving. She advised that when their offices are relocated to
the 8th Floor, staff will have ~ desk and a credenza. She noted that
County Attorney Cuyler will have to wait for his desk until the new
furniture arrives. She added that three new attorneys have been
hired, and currently, there are no chairs for them to sit on. She
stated that her productivity will definitely be lessened without the
additional furniture that is required.
Co88issioner Shanahan moved, seconded by Comaissioner Goodnight
and carried 3/1 (Co..issioner Vol~ opposed and Co..issioner Saunders
abaent), to -ive the formal bid6ing process and authorize the
purcha.e of turni ture, as indicated on the quotation suaa&ry, for the
County Attorney's offi~e fro. Office Furniture & Design in the amount
of $18,811.89, and File One in the amount of $18,200.
It...11
BUDGET AMEBDMKXTS 89-190-198 AND 89-200 - ADOPTED
CO88i..ioner Goodnight 8OVed, seconded by Commis.ioner Volpe and
carried 4/0 (CO88d8Øioner Saunders absent), that Budget A8end8ent.
89-1~198, and 89-200 be adopted.
It- .1U
J!EQOUT BY PILO'f CLUB OF ::-.:..aCO TO WAIVE TEMPORARY USE PERMIT RE -
AI' nu.1Y ~
J~q
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JUNE 6, 1989
Commissioner Shanahan reported that this item is a request to
waive the $75 fee for a charitable event sponsored by the Pilot Club
of Marco, to be held in mid June.
Commissioner Volpe noted that the proceeds will benetit the YMCA.
He commented that the Commission had requested that County Attorney
Cuyler address the waiver of fees relating to ~ot-for-profit
organizations.
County Attorney Cuyler stated that the Manager's Office, through
Community Development, will be coming forward with a policy t~ b~ for-
mulated into an ordinance.
ccmai..ioner Shanahan 8OVed, seconded by Commissioner Goodnight
and carried 4/0 (Co..issioner Saunders absent), that the $7ð taaporary
use p8r8it tee be waived tor the Pilot Club of Marco.
It.. .128
MODEL HOME REGULAl'IORS TO BE DISCUSSED WITH MR. HUJrl' TO RESOLVE
DIFFEREICES AID BROUGHT BACK TO THE BCC ON 6/13/89, IF ROT RESOLVED
Mr. Kenneth Hun t, of 1272 Fruitland Avenue, Marco Island, stated
that at the present time there is no ordinance which relates directly
to model homes in a residentia: district. He advised that there are
24 model homes on Marco Island, 100% of which are in conflict of
the requirements that he h~s been asked to comply with. He noted that
he does not object to complying with the regulations, but it is dif-
ficult to know what the requirements are. He reported that a model
home which is located a block from his model home opened yesterday,
adding that it had its sign in place for quite a long time, and he has
had problems for quite a while with bein~ allo~ed to have his sign in
place. He noted that the other model does not have ramps, or any of
the other requirements that are being asked of him. He requested that
the Commission grant him the right to open his model home, and that it
be conditional so that he can start offering his product to toe
public, adding that the people on Marco Island who are interested in
xericscape can come into his educational resource center and obtain
information. He reported t:la t his model home is the only project on
/10
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JUNE 6, 1989
Marco Island that does de. 'onstrate "xericscape". He stated that water
conservation is a concern county-wide.
Mr. Hunt advised that when looking at the other 24 models on Marco
Island that are operating, he is in compliance. He noted that the
only instance Hh.:=-~ ne may not be in compliance, by whatever regula-
tions have been used, is that there is a landscape requirement which
indicates that when off-street parking is used, the shrubs which block
the parking must be at least 3 feet tall. He stated that his home
and landscaping is a mode 1. and to carry out that requirement, 11: ",ill
effect the theme that is being presented to the public. He n"i::et'. that
another issue is that of his sign, noting that he has provided pic-
tures of six other models with signs and they have not been prevented
from opening up. He requested that the Commission grant him the right
to open his model until Staff can define exactly what the proper regu-
lations are, and he will abide by those regulations.
Commissioner Shanahan stated that he feels that the xericscape
program that Mr. Hunt is promoting is outstanding, and he commends him
for this. He asked what lS wrong witp Mr. Hunt's sign? Mr. Hunt
advised that originally Staff .indicated that his name, phone number.
welcome center, xericscape, etc. could not be on the sign, but then,
Staff advised that the only items that would not be allowed on the
sign, was the offering of maps, and information on lots. He advised
that he has made up boards to cover these items, but then as he
observed other models, he questions why he should be singled out?
In answer to Commissioner Shanahan regarding Mr. Hunt's sign,
Community Development Administrator Brut~ stated that if he had the
packet as supplied by Mr. Hunt a week ago. he could respond to what
the actual problem is, but noted that he has had nothing to review.
Mrs. Allison Hunt stated that she and her husband have been
working for a two month period to comply with the proper reg\.la t ions,
but it is becoming a hardship to hold on to a home, which is their
business enterprise, for t'<iO months, and they are requesting some type
of conditional relief from the Commission.
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JUNE 6, 1989
Commissioner Hasse a~vised that he does not feel that any reliet
can be granted at this time, since all the facts have not been
reviewed.
Assistant County Manager McLmore suggested that Mr. Brutt take
charge in reviewing the issues as presented by Mr. Hunt, and possibly
there can be a solution within the next week.
I~ was the C0n8ensu8 of the Co..ission for Staff to review the
packltt - 8UbJaitted by Mr. Hunt, work with hi. to resolve the dif-
teren.c-, and bring back to the Board on 6/13/89 it these issues a~e
not resolved.
It.. .12C
DISCOSSIe. RZ GOODLARD MARINA - CHALLENGES TO BE CLARlPED BY STAFP AND
BROOGII'f BACI: TO THE BCC ON 6/13/89
Mr. James Kornse, resident of Goodland, stated that he is
devastated when he looks at the area of the proposed marina. He
reported that the trf!C removal permit states that it is valid for the
removal of trees to allow for soil borings in the Goodland Marina
Project, and it also allows for access paths for an archeological sur-
vey. He indicated that h~ believes that the developers have exceeded
their boundaries as far as the removal of trees is concerned. He
noted that he cannot believe the destruction of the mangrove trees
that have taken place. He noted that Goodland is a unique island, and
he is dead set against the marina. He advised that the permit from
the Army Corps of Engineers states that "it is not lawful to deviate
tram the approved plans attached."
Mr. Elhanon Combs, Vice President of the Good land Civic
Association, stated that he concurs with Mr. Kornse's comments. He
indicated that he does not believe that Maritime Ventures has a permit
for anything they have done. He referred to deviations from parking,
areas of dock space, areas of water, and other things, as approved in
the original permi t of 1983, noting that the entire area will be
destroyed. He presented outlined deviations and copies of the plot
plan (not received by Clerk's Office), and asked County Attorney
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JUNE 6, 1989
Cuyler to comment on thesE: ,~,ssues.
County Attorney Cuyler stated that it is d if f i cu 1 t to respond to
these issues without sufficient review. He suggested that Staff can
look into these issues, and have the environmentalists review same.
Commissioner Hasse advised that these issues should be presented
to the Commission in advance, to enable Staff to review the situation.
He stated that these challenges will be referred to Staff and the
County Attorney for proper review. He noted that this Commission does
not want any activity to take place for anything that has not t,et.'n
permitted, but the County must have the proper tools to work with.
For clarification purposes, Commissioner Shanahan questioned
if in fact, Mr. Combs is alleging that the original P:JD or the DRI is
being processed and it has never been approved by the County, that the
site plan has been sub~itted, and the deviations have never been
approved? Mr. Combs responded .,ffirmatively, noting that he would
like the Commission to determine whether the developers have violated
their PUD through the deviations, and they are circumventing the per-
mits that they do have.
Mr. George Keller, President of the Collier County Civic
Federation, advised that there is a lot of opposition against this
marina, and the developers should be required to comply with their
PUD.
Attorney Richard Aaron, representing Maritime Ventures, stated
that these issues have been addressed on two other occasions. He
advised that his clients are acting under a site development plan
which was approved by the County in June, 1988, and there was a PUD
approval in 1984. He noted that a substantial amount of this site was
previously disturbed through excavation and dredging. He stated that
a tree removal permit was granted in May, 1989, and each of the
necessary permits have been received. He advised that the County's
Compliance Services Department has spent two days at this site, and
there were no violations, \.otinç that the developers are working
within the parameters of ~heir permit. He noted that they are
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._...eO ,
JUNE 6, 1989
removing mangroves, but ,~ey are not functioning properly. He added
that the mangroves that are functioning properly are in a mangrove
preserve.
Commissioner Volpe questioned whether a building permit has been
received, to which Mr. Aaron replied negatively, noting that this
will probably occur this summer.
Commissioner Shanahan stated that the County has been challenged
on the site plan, the statute of 11mi tations, the inspection and the
circumvention of perini ts. He suggested that Staff review the site
plan, the statute of limitations, to make a determination whether the
challenges are accurate, and an inspection report as to what has been
done since the issuance of the permit. He indicated that it is only
tair to answer the citizens' complaints.
Commissioner Hasse concurred with Commissioner Shanahan's
suggestions.
It was ~be C0D8ensus of the Co..ission that Staff aake a c08ple~e
revi.. of the challenges as presented, and report back to the Board on
15/13/89.
...
..... C0881..ioner Goodnight moved, seconded by Co8L~s.ioner
S~.nahan and carried 4/0 (Co..issioner Saunders .beent),
th.a~ the following i1;e- under the Consent Agenda be
approved and or adop~ed: .....
I~- .U.A1
WIJUL PLAT APPROVAL OF -ROYAL WOOD GOLF AND COtnrTRY CLUB U1IIT III-
SUB~CT TO STIPULATIONS
1. Accept the Letter of Credit No.' 5 2250 from First American
Bank & Trust in the amount of 5",02,500 and No. 19050 from
South East Bank N.!.. in the amount of 553,000 as security to
guarantee comple~ion of the Subdivision improvements.
2. Authorize the recording of the final plat of "Royal Wood Golf
and Country Club Unit III".
3. Authorize the Chairman to execute the Construction and
Maintenance Agreement.
4. That no Certificates of Occupancy be granted until the
required improvements have received preliminary acceptance.
5. Return Letters of Credit No.' s 2181 and 2182 from First
American Bank a T~ust in the aggregate amount of 5240,000. /11
See Pages J..j ?- If . I - A. b
. ,
Page 46
. ---...
._- '"
JUNE 6. 1989
It- .1¿C1
CARR'! ~mc.um rtl'J'DS IN T1IE AHOU1ff 01" $1,680 TO COST CRItTER lIH\971,
~ POOL CAPIT.1L RECOVERY, I"OR USE BY COLLIER COUKTY SE~CES FOR
SDIORS
It.. .H.E1
'1"D 1"00'1' UTILITY EASEMENT GRAlfTED TO FLORIDA POWER AIm LIGHT TO RU1'I
ACROSS LELY BARE1!'OOT BEACH PARXING LOT
See Pages ij.R - 8./ - 13.3
Itea .U~l
COOPDA1'In P'IJRC1IASK AGREEME1ff BETWEEW THE BOARD 01" cOtnn'Y
C(Ø{IS1JIOJIDS AJm SU1ŒEALTH ENTERPRISES, INC. 1"0R A MEMBERSHIP ~E NOT
TO DCUD $50 Pmt MONTH --- -
See Pages Jj.R-C. I - c,5
It- .1dl
J.I11']![QIUZA'rIOK :ran Cotnn'Y MANAGER TO APPROVE COBSE1fr AGE1ß)A, BUDG'!:'r
.&.M.a"r""'.lS UD ElŒRGOCY IT'EMS DURING THE BOARD I S ABSOC'E .JUn 18TH
~.JULY 11, 1989
It.. .1'B2 - Movnd to It.. 9H4
It:.. .1'11
CD.TIFICA'l"ES OF CORRJ!:CTION TO THE TAX ROLL AS PRESENTED BY PROl'..:R'rY
APPRAISD' S OTPIGE
1988 TAX ROLL
Nos. 118-119 Dated OS/25/89
No. 227 OS/25/89
Nos. 228-230 OS/26/89
It:.ea nU2
EX'%'KA UDI 'rIME FOR INMAn NOS. 58019, 54435, 56055, .A1fD U838
It.. .1'1
MISÇWT.T&WEOUS COJœŒSPOKDENCE - FILED AIm/OR REYERRJ!:D
The following miscellaneous correspondence was filed and/or
referred to the various departments as illdicated below:
1. Letter dated OS/29/89 from Bill Hill, President. Collier
County Agricultural Fair & Exposition, Inc., enclosing the
annual financial statement of the Collier County Fair for the
year ended March 31, 1989 and the independent CPA's review of
these statements. Filed
2. Notice dated OS/22/89 from Martin Seeling, Florida Department
of Environmental Regulation, advising that they are currently
process:ng an application, Applicant Name: Florida DOT/SPN
03075-3<.12. Referred to George Archibald, Bill Lorenz, and
filed.
/
3. Minutes receive~ and filed: /1!;
A. 05/17/89 - Westlake Civic Association
B. 04/05/89 - CJIS and 06/06/89 Agenda
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-. - - -._, ----...---...'
JUNE 6, 1989
C. 05/04/89 - CCPC and 06/01/89 Agenda
D. 03/06/89 - Ochopee Fire control Advisory Board
E. April, 1989 - Ochopee Fire control Advisory Board
4. OS/26/83 Pinellas County's Motion for Rehearing, Second
District Court of Appeal, re Order on Prosecution of Criminal
Appeals by the Tenth Judicial circuit Public Defender.
Referred to Neil Dorrill, Ken Cuyler, Jim Giles, and filed.
5. OS/22/89 Letter from Gerald G. Lott, P.E., District Traffic
operations Engineer, FDOT, re notification of changes in
traffic regulations.
...
There being no further business for the Good of the County, ~he
meeting was adjourned by Order of the Chair - Time: 2:50 P.M.
BOARD OF COUNTY COMMISSIONERS/
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS
CONTROL
BM¿ CHAIRMAN
ATTEST,,>,Ui:: '
~ GILÉS ':;.CLERK
~;. "'~fl.c.
<',:,'Th... m'nute";.pp,oved by the Bo.,d on H /$/7F,!,
'II ~
as p~esénted ~----- or as corrected.
)7~
Page 48
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