BCC Minutes 05/23/1989 R
Naples, Florida, May 23, 1989
LET IT BE REMEMBERED, that the Board of County Comaissioners in
and for the County of Collier, and also acting as the Board of Zoning
Appeals and as the governing board(s) of such special districts as
have been created according to law and having conducted business
herein, aet on this date at 9:00 A.M. in RlOULAR SISSIe. in Building
"F" of the Government Complex, East Naples, Florida, with the
following aembers present:
CHAIRMAN: Burt L. Saunders
VICE-CHAIRMAN: Max A. Hasse, :Jr.
Richard S. Shanahan
Michael :J. Volpe
Anne Goodnight
ALSO PRESENT: :James C. Giles, Clerk; John Yonkosky, Finance
Director; Annaliese Kraft, Ellie Hoffman and Maureen Kenyon, Deputy
Clerks; Neil Dorrill , County Manager; Ron McLemore, Assistant County
Manager; Tom Olliff, Assistant to the County Manager; David Weigel,
Assistant County Attorney; Michael Arnold, Utilities Administrator;
George Archibald, Transportation Services Administrator; :James
Reardon, Emergency Services Administrator; Kevin O'Donnell, Public
Services Administrator; Martha Skinner, Social Services Director;
Frank Brutt, Comaunity Development Administrator; :Jeff Perry, Chief
Transportation Planner; Ray Bellows, Ellie Soto, Ron Nino, Bob
Lord and Barbara Cacchione, Planners, Ken Baginski, Planning Services
Manager, Nancy Israelson, Administrative Assistant to the Board; and
Deputies Sam Bass and Ray Storrar, Sheriff's Office.
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MAY 23, 1989
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AGDD& UD CO.~_T AODDA - APPJtOVKD WITH ~OKS
Co88i..ioner ..... 8OVed, ..conðed by Co_i..ioner Shanab6:n and
carried 8/0, that the agentia and col18.nt agen4a be approv8C! with the
followiDg c~:
1. Item 8(C) - Recomaendation to authorize staff to pursue steps
Necessary to Assist "National Development Properties of
Florida. Inc." in Obtaining Certificate (C.O. 's) for the
Hoaes Associated with the 1989 Parade of Homes - Added.
:2. Item 9(A) (3) - To obtain approval of the Board of County
Coaaissioners for the County toeEnter into a Contract with
Collier County Housing Authority to Disburse Pocket of
Poverty Funds - Added.
3. Item 14(B)(1) - Recommendation to award Bid #89-1399, for
traffic signal mast arms and poles, to Southern State
Lighting - Moved to 9(B)(1).
4. Itea 14(B) (2) - To provide status report on Marco Island Airport
and to recommend adoption of a resolution requesting the
transfer of Marco Island Airport from the Department of
Natural Resources to Collier County for Southwest Florida
Transportation needs - Moved to 9(B)(2).
5. Item 14(D) (3) - Recommendation to approve Change Order #4 to
T.A. Forsberg, Inc. contract tor the Vanderbilt/Bonita Beach
water main improvements - Moved to 9(D)(3).
6. Item 14(E) (5) - Recommendation to amend Bid 88-1228
clarifying contract language concerning glazing and freight
for demountable partitions - Moved to 9(E)(1).
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Rlàu<t- or MAY 2, 1989 - APPROVKD AS PRKSDTKD
Co8ai..ioner Ba8.. 8OVed, ..con4ed by Co-i..ioner Volpe and
carried unani80U81y, that the 8inut.. of May 2, 1989 be approv8C! -
pl'888Dted.
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DCPt.OYD SDVICI AJfAJU) - PRKSDTKD TO :JAMES MAROKLIS
Co8ai..ioner Saun4er. pr...nted an Kaployea S.rvic. .Award to :J....
Margeli., for 10 year. of ..rvic. with raciliti.. Manage..nt.
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PItOCLIM'fIOII IlICOCDIZIøO UD C..-.-uI.O BDKY S. rlRJLUlDlZ J'O1t All AC'f
or lIDO I 1M - ADO P'RD
Commissioner Has~e stated that the Kiwanis Club of Golden Gate
petitioned the Board of County Commissioners for a proclamation com-
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..nding Henry S. Fernandez for an act of heroism at the risk of his
own life in saving the Bromley children from a fire in their home. He
read the proclaaation recognizing Mr. Fernandez's heroism, and recom-
.ending he be considered for receipt of the Robert E. Connelly heroism
award.
The President of the Kiwanis Club of Golden Gate thanked Henry
Fernandez for his courageous effort in saving the Bromley children
fro. their burning home on Saturday March 18. 1989 and noted that Fire
Chief Noraan Hatcher also commended his actions. He presented Mr.
Fernandez with a plaque and read the inscription.
eo..1_ioner ..... 8OVed, ..conded by Co_i..ioner ShaD-hen, and
carr led unani8Ju8l y, that the proclaaaUon be adopted.
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KAT 23, UBI
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PItOCLIIIA'fIOW DUIGD.TI.O KAY 31, 1989 SPICIAL OLYMPICS DAY - ADOPTED
Co..issioner Saunders read a proclamation designating May 31, 1989
as "Special Olympics Day" and presented it to Linda Hill and Lois
Marner. He encouraged everyone to watch the special Olympics COIII-
petition and Linda Hill explained that the Torch Run on May 31, 1989
for law enforceaent officers begins at the Governaent Center at 1:30
P.M. and ends at the Lee County line. Ms. Warner noted that tho
upcoaing events on :June 17, at 2:00 P.M. at the YMCA include swimming,
tennis and individual scftball.
ec-i_1oaer SauD4er. 8OVed, ..conded by C~l..ioner Ba8.. an4
carried unani8Ju8ly, that the proclaaation be acSopted.
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MAY 23, lilt
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oaDX8A8CK "-23 RK PETITIO. ft-88-21C, COLLIIR DBVELOPMZ8T CORP.,
PItOVIDIJRJ J'Oft '!'1m UZOJrIøO or &-2 TO Ptm FOft A SBOPPI80 C_TILK
ÐIOIIII AS 8SAJrD RIDOK" AT øOR'l'DAST IWTDSKCTIO. or o.S. 41 AJID
~ar.R1r ROAD - ADOP'RD WITH ~OKS
Legal notice having been published in the Naples Daily News on
April 20, 1989, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened to consider Petition R-88-21C,
filed by Clifford Barksdale representing Collier Development
Corporation requesting an Ordinance changing the Zoning Classification
fro. A-2 to PUD, Planned Unit Development, for Sand Ridge, a commer-
cial shopping center.
Planner Cae chione stated that the proposed Sand Ridge shopping
center will be located at the northeastern intersection of U.S. 41 and
I_okalee Road, in Section 22, Township 48 South, Range 2ð East and
co.prises approximately 31.9 acres. She noted on the displayed map
that the subject property is outlined in red and properties to the
north, south and west are zoned A-2. She pointed out a small plece
zoned C-3 containing an RV sales business, and Naples Park, zoned
RMF-6, with single-family and duplex dwelling units. She explained
that the proposed shopping center is approximately 262,000 square feet
in size, comparable to the Town Center in East Naples which is
approxiaately 270,000 square feet, and Park Shore Plaza, which has
approxiaately 230,000 square feet. She noted that the project is
located within an activity center as designated on the future land use
aap and the activity center concept is designed to concentrate commer-
cial zoning in locations where traffic impacts can be accommodated.
She explained that activity centers are mixed commercial, residential
and institutional u£~s determined during the rezone process. She
noted that, in accordance with the Growth Management Plan, adverse
road impact should be limited by control of access points, and coor-
dination of on and off site movement with adjoining properties. She
pointed out that the petitioner has amended the Master Plan to inter-
nalize access points of the outparcels. showing the main entrance
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MAY 23, 198~
.ln1.izing the access points. She stated that staff recoaaends the
outparcels be limited to four, due to the high traffic generation of
users, 1.e. fast food restaurants, banks, etc. and she indicated a
second concern was aesthetics because of the increased signage. She
explained that each outparcel would have a free-standing sign, as well
as the project sign, and Petitioner has requested increased signage as
per.itted in the Zoning Ordinance. She pointed out that staff recom-
.ends that this not be approved.
Ms. Cacchione stated that traffic impact results, shown on the
chart in the Executive Suamary, dated May 23, 1989, conducted the
first week of May and co.pared to February counts, reflect the Level
of Service currently operating as "C" and "F" on U. S. 41 and
currently on I_okalee Road directly in front of this project as" P".
She noted that Phase 1 proposed in 1990 and Phase 2 proposed in 1992
are of a .ajor concern. She pointed out that Immokalee Road is
expected to be four-laDed and completed by :July, 1991. She referred
to the Growth Manage.ent Plan Transportation Element Policy a.1 which
states that the Board of County Co_issioners will review all rezone
requests with consideration of their impact on the overall system, and
not approve any request significantly impacting a roadway segment
already operating and projected to operate within one year at an unac-
ceptable level of service, unless specific mitigation stipulations are
approved. She pointed out that Phase 1 of this project will have a
negative impact on Immokalee Road, as well as on segments further
south that lead to U.S. U.
Ms. Cacchione indicated the following options: 1) no rezoning, 2)
rezoning, but no building permits issued until the roads referred to
are operating at the adopted level of service, or 3) alternative mitiga-
tion proposed by the Petitioner to mitigate impact on the roadways.
She stated that staff recommends approval of the project, subject to a
phase development approach prohibiting the issuance of building per-
.its until the level ot service is acceptable; and possibly delay
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MAY 23, 1989
construction of Phase 1. She noted that the petition will be subject
to the concurrency mechanism adopted in August, 1989. She summarized
by stating that otaff recommends approval subject to the reduction of
the outparcels to four, signage pursuant to the Zoning Ordinance and
aitigation of traffic impacts on U.S. 41 and Immokalee Road. She
indicated all other stipulations on the Petitioner's Agreement have
been satisfied. She pointed out that the Collier County Planning
Co..ission on May 4, 1989 voted to approve the Petition subject to the
.tipulations on the agreement sheets, however, outparcels are to
re_in at five, additic.lal signage outlined in the PUD is to be
retained, and 2~ feet of right-of-way for Immokalee Road is to be cre-
dited to the County with no credit for impact fees.
Co..issioner Hasse stated that it was his understanding that Staff
was not in agreement with this project until Immokalee Road and U.S.
41 were brought up to acceptable standards. Ms. Cacchione replied
that was correct. He questioned if the Petitioner agreed to bring the
roads up to standard before applying for building permits? Ms.
Cacchione stated that she does not believe the Petitioner agreed to
that.
Commissioner Saunders stated that Staff's recommendation is to
approve the project with the stipulation that no building permits will
be issued until the roads are at acceptable level of service as
defined in the Comprehensive Plan. Ms. Cacchione responded that was
correct.
Coaaissioner Shanahan questioned the number of outparcels?
Coaaissioner Saunders responded that the Planning CoIIIID1ss1on approved
five, but Staff is recommending four.
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Commissioner Volpe asked how many acres at the intersection of
O.S. 41 and IlIIIDokalee Road comprise activity centers? Ms. Cacchione
responded approximately 31.9 acres. Commissioner Volpe asked if the
Petitioner controlled the balance of property in the quadrant at the
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MAY 23, 198e
northeast corner of U.S. 41 and Iamokalee Road? Ms. Cacchione
:
I responded that was correct. He asked if the property to the east was
f
controlled by the Petitioner as well? Ms. Cacchione noted it was, and
if the two were combined in the future they would then be included in
the DRI analysis.
Co..issioner Volpe noted that Staff concludes this project does
not comply with the Comprehensive Plan, and questioned if Start recom-
aends that Development Orders not be issued until the level of service
on the i.pacted roadways is brought up to an acceptable level. Ms.
Cacchione responded affirmatively.
In response to Coamissioner Saunders and Commissioner Volpe, Ms.
Cacchione explained that Policy 5.1 addresses consistency, and Staff
recoaaends addressing rezones as opposed to building permits; if the
roads are below or will be below standards within one year, the rezone
cannot be approved. She indicated that Staff recoamends the property
be rezoned and phased to combine with improvements in the surrounding
road network. Co..issioner Volpe asked if that was consistent with
¡ the policy in the Comprehensive Plan. Ms. Cacchione responded that it
was.
I Co..1ssioner Goodnight questioneù the four outparcels Staff recom-
¡
¡ .ended, as opposed to the Planning Coamission recommending five. Ms.
Cacchione responded that the removal of access points to the OUtpar-
eel "DR resulted in the Planning Committee's decision, but that
Staff's concern is aesthetics and the higher traffic generated.
Richard Henderlong of the Collier Develop~ent Corporation, stated
that Cliff Barksdale, Vice President, and two consulting civil engi-
:.eers were present. He explained that the project began in :January
1988, but in order to comply with the Growth Management Plan, their
application was withdrawn and a new application was filed in
September, 1988. He pointed out that the Petitioner worked with Staff
to resolve issues relating to planning. He indicated that the
Petitioner changed permitted uses, increased setbacks on U.S. .1 and
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laackalee Road, provided landscape buffers, reduced square footage
frail 210,000 to 260,000, reduced driveway access to all parcels on
U.S. 41 and laaokalee Road and provided right and left hand turn
lanes, aodified parking areas, provided pedestrian access, modlf led
parking areas, and dedicated 25 of feet right-of-way to the County for
Iaackalee Road without any credit for impact fees. He stated that
three issues are being sought from the Board of County Commissioners;
1) signage language 2) outparcels and 3) 5' threshold for level of
service on laaokalee Road. He noted the Petitioner's desire for two
tree standing signs not to exceed 100 square feet, and wall marquee
signs not to exceed 250 square feet. In response to Commissioner
Volpe, he explained tha' the Pavilion Shopping Center has a project
identification sign, and a wall aarquee would orient people in the
shopping center with the outparcel. In addition, Mr. Henderlong
stated that individual business signs underneath the project signs on
the facade and corner end units, such as the Molokai Restaurant in
East Naples has, are requested. Commissioner Volpe questioned the
staff recommendation, and Mr. Henderlong responded that Staff indi-
cated one sign and they would like two signs.
Mr. Henderlong indicated the Petitioner seeks five outparcels.
A d1sCU8sion followed about the 5' level of service factor.
Co..issioner Saunders questioned Ms. Cacchione about the 5' threshold.
She responded that Staff tried to provide a series of options ranging
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froa allowing some impact, allowing no rezoning, or allowing no
building permits until Immokalee Road and u.s. 41 are at acceptable
levels. She noted that Staff recommends no building permits be
issued until Immokalee Road and U.S. 41 are at acceptable levels of
service. Mr. Bkrksdale stated that the significance of the 5'
threshold is determination of the location. Jeff Perry, Chief
Transportation Planner, explained that the 5' rule evolves from the
DRI process and is the same rate used to determine the traffic
f entering and exiting the project.
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A d1.cu..1on followed about the ð' level of service factor.
Co"issioner Saunders asked if the Petitioner had any problems with
Staff reco..ending no bUilding permits be issued until roads are at an
acceptable level of service? Mr. Henderlong responded there was no
problem with that. Commissioner Saunders questioned the ð~ threshold,
and Ms. Cacchione responded that Staff trieð to provide a series of
options ranging fro. allowing some impact, allowing no rezoning, or
allowing no building permits until Immokalee Road and U.S. 41 are at
acceptable levels. She noted that the first phase of this project,
73,000 square feet, could impact on Immokalee Road, presently at Level
of Service "1'". Commissioner Saunders concurred and noted that a
reasonable approach to traffic planning results from the planning pro-
cess. He e.phasized that the concept of allowing building permits to
be 1saued at the time the road approaches or is at acceptable levels
of service is a good one.
Co..issioner Saunders questioned the definition of ð', and where
you draw the line? He pointed out a major size development could
be approved at Level of Service of "E". Mr. Perry explained t.,at the
ð' rule evolves from the DRI process and is the same rate Used to
deter.ine the traffic entering and exiting the project. He pointed
out that ð' was the reasonable cutoff point.
Coaaissioner Saunders stated he was confused about the 5'
standard in the policy and Staff's recommendation. Commissioner
Volpe noted that Mr. Barksdale has only addressed the ð' as it
relates to U.S. 41 south of Vanderbilt Beach Road and not Immokalee
Road, which is operating at Level of Service "I'" and will not be
brought up to an acceptable level of service within one year.
Mr. Barksdale pointed out that if the roadway is in an approved
and adopted budget for construction, bUilding permits can be issued.
He explained that the Petitioner is donating the additional 25 feet of
right-of-way necessary to construct road improvements. Coaaissionør
¡
Volpe stated that the project of 73,000 square feet would not have a
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MAY 23, Igeg
sign1f icant i.pact on U.S. 41 south of Vanderbilt Road, but would on
Iaack.lee Road where the level of service would continue operating at
"P".
A discussion followed about concurrency policy.
Mrs. Charlotte Westman, representing the League of Women Voters,
as'-'ed Mr. Barksdale if the Petitioner requested a binding letter from
the Plorida Department of Community Affairs. Mr. Barksdale responded
he had not because there were no changes to the project as proposed.
Co..issioner Volpe stated that a DRI will incorporate this particular
parcel at the intersection of Immokalee Road and U.S. 41 when the
threshold is reached. Mrs. Westman noted that funding for the impro-
veaent of highways, if not in writing, may not be bonatide.
ec-J...1cmer Baa.. 8OVed. MCODded by C~1..1oner 8han-Þc:I and
carr 184 1ID8I1i80a.8l y, that the public hearing be clo88d.
Coaaissioner Volpe questioned where the stormwater drainage from
the site will run? Mr. Barksdale responded that the outfall will go
north towards the Cocohatchee River. In response to Commissioner
Volpe on the level of service on U.S. 41 from Vanderbilt Beach
Road to laaokalee Road, Mr. Perry replied it is operating at Level of
Service "C" at this time, but is projected to operate at Level of Ser-
vice "E- next year.
Co..iss1oner Hasse asked about the water and sewer, and Ms.
Cacchione responded that they will be hooking up to central sewer and
providing central water.
Replying to Commissioner Shanahan's question about signage, Mrs.
Cacchione stated that the Petitioner's PUD document allows more and
larger signs, but Staff's position is that signa;e changes should be
aade in the Zoning Ordinance.
Commissioner Saunders questioned Mr. Barksdale if the Petitioner
is planning to develop this project into a DRI in the future? Mr.
Barksdale responded "Yes". Commissioner Saunders asked if, as a
representative of Collier Development Corporation, Mr. Barksdale would
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MAY 23, 1$189
be willing to state that this particular parcel, whether or not it
becoaes part of a DRI, would be subject to any growth manageaent aora-
toriuaa. Mr. Barksdale responded "Yes".
A discussion followed about road levels of service and right-ot-
way dedication. Transportation Services Administrator Archibald
suggested that the Petitioner aay wish to donate 25 feet of right-of-
way on C.R. 846 necessary for the four-laning of Immokalee Road.
Co..issioner Goodnight suggested that they pay impact fees for the
73,000 square feet up front. Mr. Barksdale stated that the Petitioner
would agree to donate the additional 25 feet of right-of-way between
the project and the pow~~ line easement.
c-t_lozwrr 1188.. 8OV8d, aecon4ed by Coaa1..1oner Shan.h.u IIDd
carried -f80Q.8ly, that the ordinance - nuabered IIDd titled below
be 8dopt;ed, aubject to tha Petltioner'. Agr-..nt and stlpulatlO118 to
be provided by 8~aff relating to additional right-of-way to be
donated, aDd entered into Ordinance Book .0. 38.
ORDllIAIICI .0. U-28
AN ORDINANCE AMENDING ORDINANCE 82-2, THE COMPREHENSIV&
ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS
MAP NUMBER 48-25-5 BY CHANGING THE ZONING CLASSIFICATION
FROM "A-2" TO "PUD" FOR A COMMERCIAL SHOPPING CENTER
ON HEREIN DESCRIBED PROPERTY ~OCATED ON THE NORTHEAST
INTERSECTION OF IMMOKALEE ROAD (C-846) AND U.S. U
(TAMIAMI TRAIL); SECTION 22, TOWNSHIP 48 SOUTH, RANG!
25 EAST, COLLIER COUNTY, FLORIDA, CONTAINING 31.9 ACRES
MORE OR LESS; AND BY PROVIDING FOR AN EFFECTIVE DATE.
County Manager Dorrlll stated, in response to Commissioner
GoOdnight's comments about the signage, the new sign Ordinance to be
developed in August will have stricter signage controls.
..... 1t8c...: 10:40 A.M. - lt8convened: 10:80 A.M. at ~ich
tS- Deputy Clerk Kenyon replaced Deputy Clerk Kratt .....
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8ft"fLDCDr U PItOPO.KD I. AOOOBO. CO1JJl'r1tY CLt1B LK'l"I'D DAßI) MAY 23,
111., 8WJIU)IJfG 'fD woe. - APPROVID UD S'fAn' DIRlC'RD 'rO l'Jt8Pua A
POD AMb......-r OR 'fD APPROPltU'R PAPKmfcU
ColIIDlssioner Saunders stated that a letter was presented from the
Attorney representing the Audubon Country Club in which he agrees to
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MAY 23, 1989
place the fence in an area that will not cause any .ore disturbance to
the vegetated buffer area. He stated that the representatives from
the Ho..owners Association have had an opportunity to review this
letter and questioned if there are any disagreements with the ter.s as
stated in the letter?
Reverend Dawson, representing the Ho.eowners Association, stated
that there is one concern with regards to the location of the fence ~s
it is indicated in the letter that they would like to locate the fence
at the northern edge of the cleared area which will mean that the
fenco will be located north of the proposed 15 foot easement, ~t the
fence will be located in such a way 80 as not to require the further
cutting, clearing or removal of existing vegetation. He stated that
soae people were concerned about .oving th~ fence into the buffer area
rather than allowing it to go straight and letting the vegetation grow
in. He stated that this is a letter at good intent but he wants to be
aure that there will be no removal of vegetation in this area, adding
that it the action that was .ade in October, 1988 was clarified, the
45 foot buffer would be a natural vegetated buffer and neither the
Audubon people or the Bonita Shores people would encroach on that
buffer. He noted that during the past week, the Audubon people put a
well in this buffer area, which was disturbing.
Coaaissioner Saunders stated that there is no one from Audubon
Country Club, therefore, the best that the COlIIDission can do is to
continue this aatter again and indicate to the Audubon people that the
Coaaission understands their letter and the fence should be a strftight
line instead of a meandering line.
Reverend Dawson stated that he has not had time to concur with the
people in the Association to deter.ine if this is their wish, but if
the fence was put on the northerly part ot the ease~ent it would be in
good taste and this ~as what was intended in October, 1988. He stated
that he does not want to see this .atter continued again and again.
ColIIDissioner Volpe stated that the letter states that the fence
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MAY 23, 1989
wIll be located In such a way as not to require any further cutting,
clearIng, or reaoval of existing vegetation.
Reverend Dawson stated that he would like thIs aatter resolved
and if the letter clearly states the location, as indicated by
Co..issioner Volpe, there would be no further problem.
Co"issioner Volpe stated that maybe the fence line could be
staked out so that the people would be able to observe the locatIon of
the fence.
AssIstant to the County Manager Olliff stated that the aerIal that
wall .ent by Audubon Country Club shows where the cleared utIlity ease-
aent exists and their letter indicates that it will be kept in the
already cleared areas. He stated that he would ask that the Board
direct Staff to start processIng a PUD amendment that would .ove the
10caëIon of the fence Into the cleared area as shown on the aerial.
~_iOlMr ShaY-o-"an 8OVed, 8eConded by C~i.e1oner Baa.., to
adopt tile ~U888nt - PI'OPO88d In the letter frea the Atiol'D8y dated
...,. 23, 1.'., which provicSee for no further dl.turb1ng of any wgeta-
tlOD in tile ~atad buffer but that the fence can "aDder an4 that
8~f be dlreetad to provide the IIpplopriate POD I188nd8ent or paper-
work - -11 a l8g8l description.
Coaaissioner Volpe questioned if there would be a colllllitaent In
writing froe the Audubon Country Club, to which Colllllissiondr Saunders
stated that this was part of the lIotion.
V)IQD call for the ClU88tion, the l8Ot1on carried tt!1~1I1O118ly.
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MAY 23, 1989
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AL-..._..¡. 'fO nn.ur.ty 8UCH PaD 011 JtOT.a.r. MAJtCO WAY - ADoPtAU
Legal notice having been published in the Naples Daily News on May
4, 1989, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened to consider Petition PDA-89-ð, filed
by Milson, Miller, Barton, 5011 & Peek, Inc., representing Royal Marco
Developaent, requesting language amendments to the Hideaway Beach PUD
located on Royal Marco Way at the northwest corner of Marco Island
be~en Collier Bay and Big Marco Pass, Section 6, Township ~2 South,
Range 26 East, Phase II and III consisting of 17.28 acres.
Planner Lord stated that the objective of this petition is to
aaend Section 5.04.03 changing the aaxl8Um height of 80 feet to 100
feet and to aaend Section ~.04.04 changing the maximum stories per-
.1tted for the principle structures from six stories plus one fer
parking to seven stories plus two parking levels. He stated that to
the north, east and west are the open waters of Big Marco Pass and
Collier Bay and to the south is the original Hideaway Beach PUD and
south of that is residential single family. He noted that in order to
preserve as much of these native habitats as Possible this request
proposes to locate all required parking spaces beneath two of the
":hree buildings. He indicated that also by reducing the footprint of
all three buildings the distance between bUildings will increase,
which provides for a larger site corridor, more open space, and a
greater percentage of natural vegetation preserved. He stated that
the agent representing the petitioner elected not to sign the
agree.ent sheet due to his concern for the requirement to coaply with
the newly adopted SDP Ordinance which is Item "Mil of the Agreement
'::neet, but the matter has been resolved according to the Agree.ent
Sheet that has been presented to the Board this date. He stated that
the planning staff recommends approval of Petition PDA-89-ð subject to
the stipulations contained in the staff report and the Agreement
tÞ-&
i
!
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Page 1e.
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MAY 23, 1989
Sheet. He noted that the zoning currently exists for the intended use
and density, adding that the Growth Management Plan does not address a
change in developllent standards, there tore this petition is considered
to be conaistent with the Comprehensive Plan. He noted that because
staff teels that this request is .inor in nature and should not effect
any surrounding land uses, the request tor an additional 20 teet in
height is reasonable and consistent with the Growth Manageaent Plan.
He stated that all other reviewing agencies have failed to identity
any inconsistencies. He stated that the CCPC held their public
hearing May 4, 1989, and forwarded Petition PDA-89-ð to the Board with
a reco..endation of approval, subject to staff stipulations. He indi-
cated that at the CCPC hearing, no residents spoke for or against this
petition and no correspondence has been received, therefore, Start
reco..ends approval subject to the CCPC'S recommendations. In answer
to Co"issioner Volpe, Planner Lord stated that one building will
reaain at six stories with one floor beneath tor parking and the peti-
tioner is requesting that the other two buildings be increased to
seven stories with two parking floors beneath. He noted that there
would be no increase in the nuaber of units, adding that there would
still be 217 total units.
Co..issioner Shanahan stated that it appears that this 1. a good
change as it will preserve the habitat and more green space.
Mr. George Keller, President ot Collier County Civic Federation,
stated that when heights are increased on shorelines, it increases the
danger of hurricane destruction. He stated that there are two parking
lots "ith open space and there could be washouts.
Planner Lord stated that the buildings will be designed according
to the codes and the living levels are above the flood plain level.
Mrs. Barbara Henderson Cawley of Wilson, Miller, Barton, SoIl &
Peek, Inc., stated that this project is not within the Coastal Control
Line and the two parking structures will absorb any wave iapacts that
could occur, adding that all living units will be above flooding. She
d-1
Page HI
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MAY 23, 1989
noted that they are trying to preserve native habitat.
In answer to Commissioner Shanahan, Mrs. Cawley indicated that
this project is behind both the new and the old Coastal Construction
Control Line.
Co8a1_i00er Sh.rt-h4ln 8OV8d., MCon4ed by Coaai..ioner Goodnight
8Dd carrled 1ID8Diacna8ly, that the public hearlng be clOMd.
ec-J.-loaer ShaI' -han 8OV8d., MCon4ed by Coaai..1oner Gooc2nlght
8Dd carrled ---t....-a.ely, that the Ordinance - nuabered 8Dd titled
below be 8Idosrted 8'1IbjltCt to the Petitioner'. AQr8888l1t 8Dd entare4
!Db OzooIt~ 800II: Wo. 38:
OItDIDJrCK 8i-2i
AX ORDINANCE AMENDING ORDINANCE 80-81, WHICH ESTABLISHED THE
"HIDEAWAY BEACH PLANNED UNIT DEVELOPMENT"; AMENDING SECTION V,
GROUP 2, MULTI-FAMILY RESIDENCES, AMENDING SUBSECTION S.O4.03 -
MAXIMUM HEIGHTS OF STRUCTURES, BY CHANGING THE HEIGHT LI~tTATIONS;
AMENDING SUBSECTION 5.04.04 - MAXIMUM NUMBER OF STORIES, BY ADDING
ONE STORY PLUS ONE ADDITIONAL PARKING LEVEL FOR PROPERTY LOCATED
ON ROYAL MARCO WAY, PART OF TRACT B, MARCO BEACH SUBDIVISION AND
PART OF SECTIONS 5, 6, AND 1, TOWNSHIP 52 EAST, RANGE 26 SOUTH,
COLLIER COUNTY, FLORIDA, AND BY PROVIDING AN EFFECTIVE DATE.
.}V
Page 17
"-"°, ",-.- -,-
MAY 23, 1989
Xu. Ma
C8DDIA8C'.I . -- ao .. ITf I 'f I 011 PDA -. It- 2, WI LaO., In LI.D. , &Ut1'OIr, SOLL .
..u, I8C.. u.r.....-x-LJIO LOn au L'l'D., UQt1KS'fIJrO LAJRlUACD »o""wm..¡;S
'fO 'fD r.œ. OK POD LOCA1"KD 011 TO u.sr SIDE or AIRPOft JtOAD - ADOP'fZD
StJJI.18C'f 'fO ra <t J. T J: OIID . S ~
Legal notice having been published in the Naples Daily News on May
4. 1989, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened to consider Petition PDA-89-2, tUed
by Wilson, Miller, Barton, SolI & Peek, Inc., representing Lone Oak
Ltd., requesting language amendments to the Lone Oak POD located on
the east side of Airport Road approximately one mile north of Pine
Ridge Road in Section 1, Township 49 South, Range 25 East.
Planner Lord stated that the objective of this petition is to
aodify the Lone Oak POD document to include amending Section 6.02 per-
8itted uses and structures by adding business and professional offi-
ces, deleting convenience Commercial, and adding any other commercial
use. He stated that to the north is the Orange Blossom POD and also
to the north, east and south is A-2. He stated that to the south and
adjacent to Airport Road is the Princess Park POD which is commercial
property and lands to the west and across Airport Road are currently
zoned A-2. He indicated that the project site is located in a growing
residential area having ready access to community facilities and the
proposed project is consistent and in harmony with these approved
develop.ents and is considered a natural infilling of the area. He
reported that the agent representing the petitioner elected not to
sign the Agreement Sheet due to his opposition with several items
which have been resolved and the new Agreement Sheet has been attached
to the petition and has been approved by Staff and the agent. He
indicated that Staff recommends approval of this petition subject
to all stipulations contained in the Agreement Sheet. He noted that
Staff feels that this request is minor in nature and should not effect
any surrounding lan~ uses and, therefore, the request is reasonable
and consistent with the Growth Management Plan. He indicated that all
conditions and development regulations in the original POD shall be in
ýJ'
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MAY 23, 1989
effect with respect to this request. He stated that all other
reviewing agencies failed to identify any inconsistencies. He stated
that the CCPC recoaaended approval of this petition subject to the
stipulations, adding that no one spoke for or against this petition
and no correspondence has been received.
Mr. Willis ~ingsbury of Wilson, Miller, Barton, SoU & Peek, Inc.,
representing Lone Oak Ltd., stated that during the process of nego-
tiating with Staff, there is a policy issue that he is still concerned
about with regards to Item "D" of the Agreement Sheet. He indicated
that this project consists of about 100 acres and the amendment is for
about 2 acres of land which is basically down-grading the zoning from
convenience Coll8ercial to professional office building. He stated
that during the Staff review a number of itelllS evolving out of new
policies that would go back to cover the other 98' of the project that
is not included in this petition was discussed. He stated that because
the POD is about 5°' complete in construction and because most of the
work is already done, it was finally decided that stipulating new
rules on the rest of the project would be out of place at this time.
He indicated that the one item that was not resolved is a new regula-
tion and where the wastewater treatment package plant for this faci-
lity is located, there will eventually be a lake, which will be
developed in the future. He indicatej that Item "D" covers the entire
project and he feels that it is unreasonable to have new stipulations
put on other parts of the project that are not being considered in
this pet! t!on. He stated that he would like to have the rest of the
project left out of this petition and simply deal with the 2 acres for
this petition or what amounts to 2' of the entire project. He stated
that they have agreed to the other stipulations.
Coll8issioner Volpe stated that the commercial use has not been
eli8inated, it is simply that the convenience commercial has been eli-
ainated. He stated that the new policies have to take into con-
sideration the entire project, adding that there have been some PUD's
~g
Page Ii
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MAY 23, 1989
that have been approved in previous years and the new policie. will
also attect the. it they have not been built at thi. tiae.
(' t"18Der Volpe 8O1r8d, 88COI:Ided by C~1..1oner Shan-'1an and
carr18C! --t~ly, that the public hearing be cl084ld.
C ....1oaer Volpe 8O1r8d, aecon4ed by C~i..ioner StuRn-ban and
carr18C! --Saoualy, that the Ordinance - nWlbered and tltled below
be adosrted 8Ubj~ to the Petitioner'. Ac1r8e88nt and entered into
Ordlnance 8ook Wo. 36:
ORDI~ U-30
AN ORDINANCE AMENDING ORDINANCE 86-11, AS PREVIOUSLY AMENDED BY
ORDIKANCE 87-76, WHICH ESTABLISHED THE "LONE OAK PLANNED UNIT
DEVELOPMENT" BY REVISING COVER PAGE AMENDMENT DATE, AMENDING
SECTION V - NEIGHBORHOOD COMMERCIAL TRACT - SUBSECTION ð.02,
PERMITTED USES AHD ~rRUCTURES; BY DELETIHG CONVEHIEHCE COMMERCIAL
USES: BY ADDING BUSINESS AND PROFESSIONAL OFFICES AND BY ADDING A
PROVISION FOR OTHER COMMERCIAL USES FOR PROPERTY LOCATED ON THE
EAST SIDE OF AIRPORT-PULLING ROAD (C.R. 31) APPROXIMATELY ONE MILE
KORTH OF PIKE RIDGE ROAD (C.R. 896) IN SECTION 1, TOWNSHIP 49
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AND BY PROVIDING AN
EFFECTIVE DATE.
.1~
Page 20
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MAY 23, 1989
It_....
P.~~rl08 ZO-.e-5. COI8mJIIft DKVKLOPMKJrr DIVISIOW ItKPK&sIarrIWO TO
8OAItD or COu.u CO88IZSSIOWIJtS AlUJrDI.O OKDIWAIICB 82-2, rn
~---I"lfIVB ZOJrIJIO UOUL&rIOn J'O1t rn OJrIWCORPOlU.nD AItU or
COI.Lna c.:N.n BY AlUJrDIWO rn SKC'fIon O. 'fRAVKL 'fRAILDS AJI1) TTRVC
DISftIC'fS - COII'fIJn1KD ro .:roo t5, }g89
Legal notice having been published in the Naples Daily News on May
4, 1989, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened to consider Petition ZO-89-ð filed by
the CO~ity Development Division representing the Board of C?Unty
Co..1ssioners amending Ordinance 82-2, The Comprehensive Zoning
Regulations for the unincorporated area of Collier County by aaending
the sections on Travel Trailers and TTRVC Districts.
Planner Nino stated that this petition was initiated by the
CO~ity Develop.ent Division which was due to the concern that the
recreational housing is inconsistent with existing regulations, speci-
t icall y. there is an omission with respect to the aanner in which park
aodels are provided for, consequently deeming it necessary to amend
the ordinance. He noted that this was also a proper time to amend
other aspects of the regulations regarding TTRVC districts. He noted
that this amendment is consistent with the Growth Management Plan in
that it bears no relationship to the housing element ot the Growth
Manageaent Plan. He stated that the CCPC unanimously endorsed these
aaendaents, adding that the amendment makes provisions for park models
and also increases the size of park models and travel trailers to ðOO
feet which is consistent with Florida State law in transporting these
vehicles over the highway. He stated that the ordinance is specific
in the aatter of temporary occupancy in recreational vehicles, which
is six aonths. He stated that in addition to the.e changes, the ordi-
~ce provides regulations with respect to tie-downs, connections to
infrastructures. sewer and water. He indicated that Staff is recom-
aending that the petition be approved.
Coaaissioner Volpe questioned how enforcement would be done with
regards to the OCcupancy of these recreational vehicles, to which
.9f
Page 21
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MAY 23, 1989
Planner Wino stated that this will be done in the.... aann.r, noting
that inspection staft will have to be vigilant in their rounds to be
sure that thi8 provision at the ordinance is being adhered to.
Co..issioner Volpe stated that he feels that there needs to be a
aechani.. to handle this matter, like issuing a sticker. He stated
that when the vehicle is occupied, there is a sticker presented with
an expiration date 80 that any inspector would know when the time
liait has expired. He indicated that he believes that a lot ot these
recreational vehicles are being occupied as permanent residence.
Co..issioner S3unders stated that he believes that this would
rai.. 8cae serious constitutional issu~~, adding that he does not feel
that 8oaeone should have to get a sticker to occupy any type of a
dwelling unit. He stated that he understands the enforcement problem,
but he does not think that a sticker is a reasonable requirement.
C~issioner Volpe stated that he does not feel that the ordinance
prOVides for any type of enforcement, adding that some of these
recreational vehicles are substantial and are not the type that is
hooked to the back of a vehicle and pulled away. He stated thac he
would like to have the matter explored with regards to registering
when one ocCUpies these vehicles or a sticker system of some type.
Co..issioner Saunders stated that in the Zoning Ordinance, large
grOUps of people are prohibited from living in a single-family home
unless there is relationship involved. He stated that this Cannot be
entorced either and this is similar to the recreational vehicle
issue.
Co"is.ioner Saunders questioned it it is a serious problem with
people living tor more than six months in travel trailers in Collier
County, to which Planner Nino stated that he has not attempted to con-
duct any survey.
Coaaissioner Shanahan stated that the proposed ordinance states
that the travel trailer cannot be occupied for more than six months.
Commissioner Hasse stated that this means that if someone moved
}1
Page 22
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MAY 23, 1989
into the trailer in July, they could 8tay there until the following
:June becau.e it would be .ix aonth. in one year and then 8ix 80nth. in
another year.
Planner Mino stated that it was the intention that no household
would occupy the trailer for aore than six months.
Planning Services Manager Baginski stated that it i8 not the
intent to require a lot or parcel to stay vacant for six aonths of the
year, adding that it is an attempt to limit permanent occupan~ by
restricting it to six aonths or less.
C~issioner Saunders stated that the intent of Staff is that an
individual or faaily Cannot stay in the trailer more than six 80nths
in a calendar year.
Planning Service. Manager Baginski stated that with regard. to
this aatter, it is not peculiar to Collier County, adding that there
are aany coaaunities that are wrestling with this problem. Hit stated
that the last definition coming from the State had specific criteria
to allow the peraanent placement of travel trailers but would not be
used for peraanent residents.
Co..issioner Volpe questioned why it is being recoamended that
people cannot occupy these travel trailers on a permanent basis, to
which Mr. Baginski stated that this is a policy decision that the
Board of County Coaaissioners aust aake in teras of the housing in the
coaaun1ty and how Collier County should be developed. He stated that
if provisions are aade for peraanent OCcupancy, this could becoae an
alternative to the conventional dwelling unit due to the high cost of
dwelling units in Collier County. He noted that Staff has aade the
definition to include this language and it will be difficult to
enforce this restriction, but the language will identify the fact that
these travel trailers are not intended for permanent occupancy.
Co..issioner Ha~se stated that the travel trailer could still be
rented out for two weeks at a time and this is what should be avoided.
Mr. Michael Tabone stated that he is in favor of the permanent
,¡v
Page 23
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MAY 23, 1989
residency but he does not agree with the six months of any calendar
year, adding that he owns a $400,000 aotor home and a $38,000 piece of
property in an RV park and it now appears that he cannot come to
Collier County twice in a given year and stay for 3 or 4 aonths at a
t1ae.
Co..1ssioner Saunder. stated that this language is going to be
changed and it will state so that it cannot be occupied tor a~re than
six aonths at a tilDe, but someone could stay for 3 or 4 months leave
and then coae back ag~in.
C' 1-ioDer Volpe 8OV8d, 88(;Olo4ed by C088J..lcmer ..... aDd
C8Z'r J8d -- t .....l y, tba~ ~he public hearing be cloaed.
In answer to Commissioner Saunders, Mr. Bagin.lti stated that he
doe. not have any language change at this time, adding that he could
probably bring it back in two weeks.
Co..issioner Volpe stated that he feels that the issue of enfor-
ceaent should be addressed as well as the language for the residency
tiae. He stated that aaybe the Staff can come up with a plan to
enforce this ordinance.
Mr. Baginski stated that the Code Enforcement section could be
included in this ordinance and he would work on this aatter.
~_laaer m.-.-~C1 8OV8d, MCODded, by CO88J...IODer ..... aDd
carr led 1ID8I11.aøaa 1 y, that the public bearing be I'1tOpeJwtd aDd ~he pro-
PØ88d ord1DaDce be brough~ back in two Wlit8u.
I~- ....
C8D uu.::. . --11 U PnA - .. - 12 C, rUM PLAJr, I.C., UPltUD'rIJtØ I'OItU'f
LAD n.nu.., ltatv-dJrO LAJIUOAID AD8-".I8 'fO ra caoa JIODrrI: POD
I.OC&'fD 08 ft8 8OaTII SIDJ: ow DAVYS BLVD. - ADOP'RJ) St18JKC'f TO
h.l .TJ:-". A*-.ña.Jtr
Legal notice having been published in the Naples Daily News on May
4, 1989, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened to consider Petition PDA-88-12C,
filed by Team Plan, Inc., representing Forest Lake Venture, requesting
language amendaents to the Crown Pointe PUD located on the south side
ot Davis Boulevard approximately 1.8 miles east at Airport Road in
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Page 24
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MAY 23, 1989
Section 7, Township 60 South, Range 26 East.
Planner Kelson stated that the SUbject property contains 81.6
acres and is known as Crown Pointe PUD which was approved on May 12,
1981. He stated that th~ petitioner is proposing to amend the CroNn
Points PUD by decreasinH the number of single-family units from 236 to
204 units and increasing t~e aulti-family units from 96 to 127, adding
that the total number of dwelling units will not change from the ori-
ginal PUD. He indicated th¡t the petitioner is also requesting that
the floor area require.ent. for all units except single-family
detached be an average rather than a minimum 750 square feet. He
stated that the last amendment is to allow excess fill aaterial exca-
vated from the lakes within the project to be transported and utilized
off-site SUbject to County review and approval of an excavation per-
8it. He indicated that all appropriate County agencies reviewed this
petition and have no objection to its approval and Staff also has no
objection with the exception of the 8inimum floor area requirements.
He noted that Staff is concerned that if the floor area require.ents
were aVeraged, it could lead to saall units and would place tr~~endous
administrative burden on Staff in aonitoring each building to ensure
that all units aVeraged 750 square feet. He noted that Staff Cannot
juatify approving a request to averay~ the floor area per the
Petit1oner's proposal. He indicated that Staff is recommending that
the floor area requirements for all units except the single-family
detached reaain at a miniaua of 760 square feet as originally
approved. He stated that on Hay 4, 1989, th~ CCPC held their public
hearing and recommended approval sUbject to all the stipulations pro-
posed by Staff. He indicated that the petitioner elected not to sign
the agreement sheet because of concerns with the squ~~e footage
requirement. He noted that there was no formal written correspondence
received either for or against this petition.
Coaaissioner Volpe questioned the status of the fill removal, to
which Planner Nelson stated that the excavation ordinance allows a
t/'lr
Page 215
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MAY 23, 1989
project to reaove 10- of the total fill that is excavated or a aaxiaum
of 20,000 cubic yards, adding that the petitioner is requesting the
Soard to allow them to exceed that. He stated that from a conceptual
standpoint, he does not have a problem with this, but Ordinance 88-26
is under the adainistrative review of Project Review Services and in
order for him to give a more confident response, he would like to have
their review and input.
Attorney George Varnadoe, representing Team Plan, Inc., stclted that
with regards to removal of the excess till, the ordinance requires
that the Board approve the removal of excess fill from the site. He
stated that a development permit would have to be obtained in order to
reaove excess fill and the ordinance indicates that no aore than 10-
or 20,000 cubic yards of till can be removed from the site unless the
Soard approves aore and he is asking tor approval for a aaxiaua ot
13S,000 cubic yards of excess fill from the site. He noted that a
requirement of the ordinance is that the depths of the lake. be
adjusted to aini.ize the off-site removal of the surface materials,
adding that they obtained a permit from SFWMD for 12.4 acre. of lakes
with a aaxiaua depth of 16 feet and the guidelines of the SFWMD are
that 1/4 to 1/2 of the lake exceed a depth of 12 feet, but after the
permit was received, they realized that they would not be able to use
acre than 70,000 cubic yards of till on-site and a great deal more
than that would be generated by going to the depth as required on the
SJ'WMI) perai t. He stated that he went back to SFWMD and asked what
the aini.ua depth of excavation could be and they indicated that the
ground control elevation is 5+ ngvd and anything less than going to
-2 ngvd would not fulfill the environmental equation of not allowing
aquatic plants to protrude and would not fulfill the Water Management
District's requirements for retaining the amount of water on-site tor
the required period of time. He stated that he has agreed to excavate
the lakes to a -2 ngvd which would be about a 6' depth during the dry
season. He stated that this would be the minimum and presented a
~j
Page 26
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MAY 23, 1989
letter to the Board froa the Engineer to this effect.- He al.o pre-
sented a letter to the Board from the Water Management District which
indicates that the construction of the lakes to a maximum of 7' for
this project would be acceptable if done under ~he responsibility and
di.cretion of the project engineer.-. He indicated that the ordinance
states that the Board can grant conceptual approval of this and then
it gees back to the Collier County Water Management Director who admi-
nistratively approves a development excavation perait assuming that
the other standards of the excavation ordinance are aet. He stated
that he is, therefore, requesting that the Board allow the petitioner
to reaove more fill than what is specified by the ordinance.
8_88 Lell.~ DOt recelV8d in offlce of Clerk of the Board.
In answer to Co..issioner Volpe, Mr. Varnadoe stated that Staff
has not seen the documentation but they are aware of this project,
adding that he is simply asking for Board approval to remove this fill
and all Staff can be involved in the administrative approval if they
so desire.
Mr. Varnadoe stated that one of the recommendations of the Water
Manageaent Departaent was to provide a canal through this project from
Loch Louise to the projects to the south, adding that instead of
digging the canal, the lakes were co~atructed in order to run the
water through the lakes.
In answer to Co..issioner Hasse, Transportation Services
Adain1strator Archibald stated that this project is .ubject to traffic
iapact fees as well as the excavation ordinance. He indicated that
the applicant will complete a traffic impact Rtateaent and will make
payaent of a traffic iapact fee. He indicated that this petitioner
~greed to provide the conveyance of a major drainage aystea that will
handle the drainage for all the properties north of Davis Blvd. and
south of Radio Road.
Co..issioner Saunders questioned if Mr. Archibald has a problem
with this request, to which he replied negatively.
t/¥
Pagp 27
,,_..-
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MAY 23, 1989
In answer to Co..issioner Volpe, Mr. Archibald stated that the
traffic iapact analysis has not been done at this time, but that it is
a require_nt.
'rape ft
Mr. Varnadoe stated that he is not asking that any requireaents be
waived, adding that under the development excavation pera1t, it
requires that th~ petitioner get Board approval it they are going to
reaove acre than 10~ or 20,000 cubic yards of fill.
Mr. Pete McDonna from Team Plan, Inc., stated that with regards to
the 750 8qUare foot average, he would like to remove that stipulation
that he had aade and w~~ld go along with staff's stipulations, adding
that he agrees at this time with all staff stipulations.
Mr. George J:eller, President of Collier County Civic Federation,
stated that when these projects are planned and are originally
approved, the project engineers should be able to determine that there
is going to be excess fill which should be brought up at the t1ae of
the original approval.
Coaaissioner Saunders indicated that this is why there is flexibi-
l1ty in a PUD, adding that .istakes are made and standards are also
iaproved.
(" t..10Der Shan-J,an 8:1V1td, -.conded by C0881_iODer GoodD1ght
IIDII carr iecI --- t -.al y, that the publ1c hearlng be clO8OiK!.
CI t..10Der Shan-ban 8:1V1td, MCODded by C0881..10Der Volpe, that
t18e O r'u-,.~ - Jl88bered and tUled below be adopted 8'1Ibject to the
htlti-.r'. .>t--...t and entered into Ordinance Book 110. 35.
Mr. Varnadoe questioned if this includes the stipulation of
allowing the removal of the excess fill aaterial, to which
Coaai.sioner Saunders stated that one of the problems is that the
review that Staff has indicated they would like will not occur until
after the approval. He questioned if Mr. Archibald has any problem
with removing this auch fill aaterial or the impact on the roads, to
which Mr. Archibald stated that he has no objection to approving the
If
P6ce 28
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MAY 23, 1989
aaount in excess of 20,000 cubic yards with two conditions; the trat-
fie iapact analysis and consistency with the water management permit.
Mr. Varnadoe stated that he has no problem with this and agrees
with these two stipulations.
C i..10Der Shan-"an ~ hill 8Otion to include ~ r.......1 of
tbe IU1 88terial wUb Mr. ArchJbald'. two condJtiOl18 aDd Mr. Volpe
a I. b.b 88C;o...d. Upon call tor ~ q1I88tJon. ~ 8OtiOll C&n'Jed
-i'll_IT.
ORDllIAJICK 88-31
AX ORDINANCE AMENDING PUD ORDINANCE 87-31, WHICH ESTABLISHED THE
CRowø POINTE PLANNED UNIT DEVELOPMENT, BY AMENDING THE FOLLOWING
SECTIONS OF THE ORIGINAL PUD DOCUMENT: SECTION 3.3 - PRO:JECT PLAN
AND LAND USE TRACTS, SECTION 3.4 - PROJECT PHASING, SECTION 4.2 -
MAXIMUM DWELLING UN-TS, SECTION 4.4.3 - MINIMUM FLOOR AREA,
SECTION S.2 - MAXIMUM DWELLING UNITS, SECTION S.4.3 - MINIMUM
FLooR AREAs, SECTION 8.9 - LAKE EXCAVATION; AND BY PROVIDING AN
EFFECTIVE DATE.
It
Page ~9
-,-- .., ~ ------.
.--. ---,-_. .--- ..
MAY 23, 1989
Iu. He1
8:DOI:.O'n08 "-123 U PftInOll AV-Ie-oOI, THOMAS O. JICPDJtsoIr . ~
SOOT, aJÞQu_x1JN VACA'fIOII 01' A POln'IOW 01' SOU'nl n.our. a~A&&T, A 10'
UGII'f-oJ'--Y AS ØOIIIf 011 PtoA'f 01' IWtCO BlACK Own I'm - A.ÐOPDD
Legal notice having been published in the Naples Daily News on May
7 and May 14. 1989. as evIdenced by AffIdavit of Publication filed
with the Clerk, public hearIng was opened to consider Petition
AV-89-006, Tho..s O. McPherson & Bruce Sooy, as owners requesting
vacation of a portion of South Floral Street, a sIxty foot right-of-
way as shown on the plat of Marco Beach Unit Five so petitioners aay
C0Q8olidate property.
TransportatIon Services Adainistrator Archibald stated that this
is a short section of South Floral Street which is just south of C.R.
92 and is about one .ile to the east of Barfield Drive and is the area
that is affected by the agreement between Deltona and the State of
Florida. He indicated that the State of Florida has established a
wetland preserve lIne that crosses thi8 roadway and as a result there
will be no requireaent or need to extend this road in the future. He
indicated that there i8 110' of roadway that the two adjacent property
owners would like to vacate and this footage would be added to their
existing lots. He 8tated that the two lots In questIon are Lot 13,
Block 151 and Lot 1, Block 154 in Unit 5, Marco Beach. He noted that
the zoning i8 RSF-3. He indicated that staff has revIewed thi8 and
has no objection and the appropriate letters of no objection have been
received from the affected utilitle8. He noted that Staff recoamen-
datIon is for approval. Also, that there primary concern was whether
DKR had access to their property and they do, therefore, the concern
has been re80lved.
CI t..1-.r m.-.h~ 8O98d, 8eCODded by CO88.1.alODer ~1ght:
8Dd C8Z'rl- -i~ly, that Re8o1ut1on 1~123 re Petltlon AV-Ie-ool
be 8døpt:ed aDd t:he ~lerk be d1rect:ed to record _ld r8801ut:1on.
11
Page 30
,~ ,---_.,-
-
MAY 23, 1989
I t88 MC2
-..ournœ "-lU a "&T.lnOll AV-I~4, ClDUSTIn 1I.&nn., ~_'I"1JN
YAC&nC8 fØ .. PaRnOll or KIG'III.&Jm ItO.ID (AIEl A c.a~.-.. lJIlIft) .. ann
FOO'f 1II8'!'-or-M'" AS 8JIOIIIr 011 PLA'f OJ' IC&JtCO 8UCB 0JrI'f 'flu..,.... -
ADOt> ,; &II
Legal notice having been published in the Naples Daily News on May
7 and May 14, 1989, as evidenced by Affidavit of Publication filed
with the Clerk, public hearing was opened to consider Petition
AV-89-004, Christine Harvel, requesting vacation of a portion of
Highl.and Road, so petitioner may consolidate property.
Transportation Services Administrator Archibald stated that this
itea is to consider Petition AV-89-004 which is to vacate a road that
was never built and never will be built as a result of the wetland
preserve line. He stated that the area in question is the extension
of Caxaabas Drive, Marco Beach, Unit 13 and is located between Lot 8,
Block 397 and Lot 11, Block 398. He stated that Staff has no objec-
tion and the appropriate letters of no objection have been received.
In answer to Co..issioner Volpe, Transportation Services
Ada1nistrator Archibald stated that the area in question i. the
hatched area at the north end which is 75 feet of roadway that ~a.
never built. He stated that access to this wetland preserve is
available to the State of Florida by way of another route. He indi-
cated that it is not necessary for public access.
C t..10D8r m.....han 1IOV8d, 88Conded by CO88i..loner ~lght
IIDd carried --tI8OU81y, that the public hearing be clO88d.
ec-t_iODer 8h-t-han 1IOV8d, 88COnded by C0881..1oner GoodDlght
IIDd carr led 1ID8I1 i8oaa 1 y, that Rawolut1on 8e-124 re Petltion AV-Ie-oo.
be ~ed IIDd tb8 Clerk be directed to record -ld 1'88O1utlcm.
f7
Page :)Ã
,, ' «--" ..."".-.'-------."
"---"'---,._-. ,
MAY 23, 1989
..... Jteca..: 12:30 P.M. - Rec;;ony.~: 1:00 P.M. at which
ti8e Depa-ty Clerk Hoftaan replaced .Deputy Clerk E8nTon .....
I t- ftD2
lmQu_õt I'OIt DDt8CTIOII U RLaC'fIOII or PItOftSSIODL DODlDJUJre nJal (S)
'fO ftO"UDS DIITWrqIJrG SDVICIS J'O1t 'l'DD (3) CAPI'fAL DII'~T
nDlD"r 1m) -rat MAIW PItO.lIC1'S - JrO ORAL PUSDTA'I'IOII8 UD
Utilities Adainistrator Arnold stated that Staff is requesting
direction regarding the selection of professional engineering firms
for the three Capital Improvement Element (CIE) water main projects as
to whether the Board desires to have presentations by the three
groupa.
Co..issioner Volpe indicated that he believed that the current
Policy of the Co..ission is that the Board will conduct the inter-
vi.....
Coaaissioner Saunders noted that the subject projects are three
routine projects, and he has no problem with Staff making the selec-
tion..
Assistant to the County Manager Olliff advised that there are over
120 RFP's each year, noting that design projects tor water aains are
routine, and there are technical persons on Staff. He stated that it
is the Board's discretion as to whether presentations by the engi-
neering fir.. should be provided, but he feels that the Comaission
8Ost likely does not want to set a precedent in hearing presentations
on every single water line project, library project, etc., since they
are of a technical nature.
C f..l0D8r8 ~hc1 8Dd Ooodn.tght arrlV84 at thi. ti8e.
County Manager Dorrill stated that with the number of RFP's that
are sent out throughout the year, the Co..issJon will be hearinp pre-
sentations at each Board meeting, if they do not differentiate between
new classifications ot work, Le. the Water Management Master Plan,
and other relatively minor design work.
Co"issioner Volpe related that he is convinced that there is no
need for oral presentations fro. the engineering fira.. since this can
be deferred to the technical staff who has interviewed and ranked the
þ/
Page :12
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--.
,c -- .. "
MAY 23, 1989
variQU8 f1rae.
Co..i8s10ner Has8e stated that the proble. he has, 18 that Staff
is reco...nding the BaBe three fir.s, other than one fir., for each
project, and wonders if this is the correct way to approach this.
~-10D8r I18an4er. 1IOVed, MCon44td by CO88i..i0D8r 8haftAhJU1 8D4
carrl8d 4/1 (ec-J.-i0D8r Baa.. °P_Md), that there ia DO D8f'1d for 8D
oral "U~Ut1OD froa the three 8ngiD88ring f1raa for the three
C8plU1 I-".o.._t Kl8ll8nt "ater Main Project. .ince th8y are DOt of
. pJ-iøg nat1lre. 8D4 th8y do not requlre a POlicy deci.1on.
11:-"'2
JIDOUrn08 '-'-128, UQOU'fuo 'lU 1"RAJrØD OJ' 'lU MARco 18L.IJI]) AIItPOIt'l'
.... 'fa l8PuYI6w.;r or DT'DUL USOO:RcKs 'fO COUlD COO.u I'OJt
ØOv4_;¡- n.oRlDA ~It'l'ATIOII IUDs - ADOPTED
Transportation Services Administrator Archibald stated that this
1tea is a reco8llendation from Staff to adopt a resolution which has
two purpose.:
1. Assure that Staff at the State level recogniZe8 that Collier
County is reco..ending that the airport function re.8in at
that 8ite, since the location i8 appropriate for that type of
transportation needs.
2. Indicate to the State that Collier County has an interest in
assuaing the responsibilities of operating the airport based
upon the infrastructure which exists there today.
Mr. Archibald reported that currently the Marco Island Airport has
a Fixed Base Operation (PBO) in regards to a building, fueling opera-
tion and a tied down area, which should be ideal for oper~ting at a
profit.
Co..i8sioner Volpe advised that he requested that this item be
heard 8S part of the regular agenda since he believes that:
1. This i8 a major policy deci8ion as to whether Collier County
desires to undertake the operati~n of the airport.
2. There may be a conflict, since the City of Naples, with
regard to the refunding of their bonds, recently asked that
the County certify that it does not have any intent of going
into a co.P~ting business with them.
C08llissioner Saunders indicated that he spoke with City Attorney
Dave Rynders regarding this, noting that he advised that he had no
proble. executing a letter which said that at that particular point in
5[,
Page 33
"'-,
MAY 23, 1989
ti.. the County had no intention of operating another airport, but
that the County would be dealing with other potential airport. in the
future. Be noted that the City was concerned about the County
generating an airport that would have commercial traffic, I.e.
Piedaont, Delta, etc.
Mr. Archibald replied that the proposed resolution is siaply a
notice to the State that the County has an interest that the transpor-
tat ion function should reaain where it is. He added that when the
t1.. coaes for negotiating an agreeaent, or a long term lease, the
teras will be the deciding factor for the Board's consideration.
Co..issioner Shanahan stated that he understands that the Marco
Airport has been a profit producing facility in the past, based on
traffic, etc.
The following persons spoke in favor of the transfer of the Marco
Island Airport fro. the Depart.ent of Natural Resources to Collier
County: Messrs. Raymond Anderson, George Keller, :John Reid, and
Leonard Llewellyn. Those speakers cited the following: the present
airport has been netting $16,000-$18,000 profit per year for ~he past
five year.; the airport will be a fine asset and should be within the
doaa1n of Collier County; the airport is well run, but the County
should receive title troll DNR and sublease to an operator; the airport
should be aaintained by a public entity to be eligible for federal
funding and the state will aatch 1/2 of the sponsors share; the air-
port will not be competitive to the Naples Airport; it i. necessary to
keep the Marco Airport in operation, since anticipated figures for the
year 200ð is 60,000 passengers.
~i_10D8r Shanahan 1IO98d, ~ by c~..1OD8r""', to
8dopt It88ol1l1:Jea ."1215 requesting ~ tr8n8ter of the IIarco Island
Airport tro. the ~t of .atural Ite8ourc- to Collier Ccnmty for
SoaUIIJ at I'lorida 'fransportaUon needs.
Coaaissioner Volpe stated that he understands the desire to main-
tain this airport at its present location as opposed to abandoning the
,j"1
Page 34
. . .~~,,-"-,- ,". "-" ---
"._--~,."-"." ---
MAY 23, 1989
airport and allowing the property to go back to wetland., but he 1.
not anxious for the County to operate the airport. He indicated that
Hr. Eeller suggested that the County acquire ownership of the airport,
but the operation should be leased out.
0p8a call ~or U. fl1I88tion, the 8Otion carried 410 (C088.b81oaer
~tglrt -- «Nt o~ U. rooa).
~/(
Page 38
,_.. -"-,,--
MAY 23, 1989
n- ...
ftAI7 '1"0 DALOA'!'8 APPLICA'fIOW FOR :~ or 1U0000-or-tfAy 01'
GIW-c8 AYDv8 (MY PAIOt SUBDIVISIOW AIID BftIIfG BAa '!'O 8CC
Mr. :Jaaes Bennett II, representing his father :James O. Bennett,
stated that this petition is a request to abandon the right-of-way of
Church Avenue, in the Bay Park Subdivision.
Transportation Services Administrator Archibald advised that there
are a .eries of Statutes that need to be met to vacate a right-of-way.
Be .tated that he will give Mr. Bennett an outline of the 8teps to be
foll<JWed.
Mr. Bennett related that an application to vacate the property has
already been filed.
It -- the '0('1.8 ..8118 of the Board that Staff evaluate the appl1ca-
t1aa ~crr .. "",-;.c ..t of the right-of-way, and bring back to 1:he ace.
11:- ...
ftAI7 '!'O Pu~ 8'f'UDY '!'O Dan_un 1fBA'f IS APPRoPItUD '!'O PJtCnaC'f 'fD
OIrIODK ~.~ICTD or GOOÐU8D AIID UruKT BAa '!'O 'fD ace
Mrs. Marlyn Stamey, submitted a petition bearing 200 signatures
fro. the residents of Goodland, requesting that comaercial developaent
be held to a miniaum, that traditional Uses and structures be
enCouraged and perpetuated, and that the structural height be limited
to no acre than two stories. She no~~d that Goodland should be a
historical site rather than a concrete jungle.
<:' 1..1oaer m.-.-t,c 1IO98d, 88(;O~ by CO88J_IOD8r ..... and
carri84 --i..,.ly, that Staff be dlrected to puraue . 8't1:ady 1:0
cletu-m. what 18 Ç..!opriate to protect the unique c~er of
GftftA I ""IMt.
Mr. Olliff stated that Goodland is primarily Village Residential,
roting that Start will look at the district language in the Zoning
Ordinance rewrite and the Comp Plan requirements dealing with historic
sites.
Mr. Carl Edens of Goodland stated that a couple of weeks ago
Goodland celebrated its 40th birthday, and during that time, it has
(pi>
Page 34
. -..
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MAY 23, 1989
grown. He noted that Goodland has retained its character as a fishing
village, and the residents would like it to remain this way. He indi-
cated that this is the only place where those on the bottoa ot the
econo.ic ladder can live in a waterfront community, and he believes
that the construction of highrises and hotels will unleash the tconomic
forces for those people to continue to live in Goodland.
It:- ~
JaaIOLg'fz08 ."12., PnInOll AV-88-o30, L. MADISO. R.&~AAID, 'fJttI$z~,
~.'8¡;-U8 Y.lC&n08 OW 'fD 'fD roar ltU.ft U'fILI'fY USDID'f 011 LO'l'8 1-.
.um 'f88 curu. aI88'r-oW-tI&T OW Ir.I.PLKS IWIOIt own 1 - ADOPDD IfZD
.'1" l.rVIo&'ft088
Legal notice having been published in the Haples Daily News on May
7 and 14, 1989, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened to consider Petition AV-88-30,
tiled by C. Neil Gregory, Esquire, as agent for L. Madison Galbraith,
as Tru.tee, known as Naples East Land Trust, requesting to vacate a
portion of the utility easeaents and a portion ot a canal right-ot-
way, for the purpose of building across lot lines.
Transportation Services Administrator Archibald stated that the
purpose at this public hearing is to consider Petition AV-88-030 which
is a request to vacate a 20' utility easement and a canal right-of-way
tor Lots 1-4 in Naples Manor Unit 1. He advised that the location of
the petition to vacate is at the intersection of Dixie Drive and U.S.
41, and there are a series of lots there which are zoned C-4. He
indicated that the owners would like to consolidate the property, but
it will be necessary to vacate a 10' utility easement on the rear at
the lots, to clear title of an existing drainage ditch which currently
encuabers the property, and to provide replacement easeaents tor the
canal and to construct a new canal which will be located along the
west 8ide of the pr~~erty, and to provide for utility relocation and
the costs thereat.
Mr. Archibald aentioned that the applicant has worked closely with
Staff regarding the need for easements on the East Naples Sewer
Project, and he has aade these available to the County. In SwDJlary,
(pI
Page 37
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MAY 23, 1989
Mr. Archibald indicated that Staff has reviewed the proposed vacation,
and they have no objection. He noted that th~ appropriate "Letters of
Mo Objection" have been received, adding that PPL wrote back and indi-
cated that they will be needing replacement easements, and the appli-
cant will be responsible to relocate the existing lines that a~e on
the rear of the property. He stated that the applicant has agreed to
those conditions.
Co..is8ioner Volpe 8tated that he 18 concerned about the zoning
re-evaluation prograa, and whether or not thi8 Commercial Use i8
appropriate in this location.
Attorney Meil Gregory, representing the Petitioner, stated that at
the ti.. he consulted with Staff regarding the 10' utility easeaent,
and the canal i8 shown on the plat as a canal, but there is no dedica-
tion language. He noted that the original developer of the property
subsequently acted as though the canal was not a part of the plat. He
indicated that at the time he came in to ask for the 10' utility ease-
aent, he consulted with the County Attorney's office regarding the
canal area, and it was their suggestion that as long as he was
requesting the vacation, he might also request that the County di8pose
of any rights that they aay have within the canal area. He referred
to a letter fro. Staff, attached to ~is petition, which states that
the County has no interest in this area, except for interests which
aay arise by so.. perscriptive rights of aaintenance.
Mr. Gregory .entioned that the Petitioner i. willing to grant and
deliver drainage easements to the County. With regard to the sanitary
sewer easeaents and the temporary construction easements for the East
Maple. Sewer Systea, he advised that those have been delivered in
J8Crow to the County in resolution of this petition. He indicated
that there are no present plans for redevelopment of the subject pro-
perty.
Co"issioner Shanahan questioned whether Mr. Gregory agrees to all
of the covenant. in Mr. Archibald's letter to Mr. Ji. Kuhlaan, dated
¡,r
Page 38
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""-- w
MAY 23, 1989
October 2, 1987, to which Mr. Gregory replied affjraatjvely.
~ t..1oaer lIh-..-h«n 8O'9Wd, 8eCODded by Coaa1..1øn.r Øoodn.tgh~
8Dd C&l'r18d -f8O1laly, to cloae the pabllc hearlng.
(" t-'1aaer Shan-han 8O'9Wd, 8eCODded by Coaa1..1øn.r Øoodn.tgh~
8Dd C&l'r18d -f~ly, to 1IpPr09'8 ht1t1on AV-88-o30, aubj8C't to all
. taft cao41 ~ 1ODe , there by adopt .1ng Ite8o 1 11 t 1 on 8 .. 1 2 IS.
W1
Page 39
.-."..,.,
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MAY 23, 19S9
1t88 ""
&'"""¡¡¿T~C18 CCC'L-8tÞ-CC, If. D&Aõt&K u..U&K AIID ASSOC., IJIC., A8an'8 ~ lilt.
l!8a_... 1IIDaD, Jt8QCì-nJnil A VA.IUAJrcK '1'0 PltKVIOOSLY C'.tUJr'nD V&ItI.UcK
(CCC'L-M-12 » (La. Y ~ 8JAC11 » - PD'Im
Legal notice having been published in the Naples Daily News on May
7, 1989, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened to consider Petition CCCL-89-4C,
filed by Dexter Bender and Assoc., Inc., representing Charles Maurer,
. :Jr., requesting a variance to a previously granted variance
(CCCL-88-12) of the Coastal Development Li8it Line (74-7I5-V40) to
conatruct a deck, outside shower and stairway, dune walkover and
viewing deck at Lot 13, Beach Garden H, Unit 1, at Lely Barefoot Beach
Ðevelopaent, Collier County, Florida.
Environmental Specialist Edwards stated that the dune walkov~r
proposed by the petitioner is to be built on grade, and the lJa1ted
apace that will exist between the dune and walkover will not be suf-
ficient to allow for the growth of native dune vegetation which is
1aportant for stabilizing the dune &ystem. He advised that the
absence of such vegetation increases the chance for erosion to occur
froa around and beneath the existing walkover during a stora event,
and such erosion could undermine the integrity of the walkover and
cause erosion of the adjacent areas of the dune system.
Mr. Edwards reported that Staff considers elevated walkovers to be
the best aethod for aini8izing impact on dune systems while .till
allowing access to the beach. He indicated that the dune walkover, as
proposed by the petitioner, will have a greater impact on the &ystem,
than if the walkover is elevated. Therefore, he noted that as pro-
posed, Staff is recommending denial of this petition.
Mr. Edwards stated that he has had ongoing discussions with the
Petitioner's Agent, and has agreed to elevate the dune walkover to 2'
above the aabient beach grade, as required by DNR.
Co..issioner Shanahan questioned whether the Petitioner'.
agreement to elevate the walkover changes Staff's recoaaendation? Mr.
1/
Page 40
MAY 23, 19S9
Edwarda replied that this does in fact change his recolIIDendation.
C~iss1oner Volpe stated that the variance which was previously
granted was fairly specific as to what the variance would allow for.
He indicated that it seeas to him that in a number ot instances, the
Petitioner has violated each and everyone of the conditions, 1.e. he
built a sidewalk, when he should not have built a sidewalk; he doubled
the size of the deck area, he failed to elevate the dune walkover, as
required, and he has planted non-native vegetation. He noted that it
appears that the Petitioner did whatever he wanted to do, and now the
eo..ission is being ask~d to approve it.
Mr. Hans Wilson, representing Dexter Bender and Associates, Inc.,
.tated that with regard to the sidewalk on the north side of the
house, Mr. Maurer was not well versed in the require.ents of the per-
aits. He advised that the size of the recreation deck was increased
as Hr. Maurer felt it was necessary to accommodate his children to
keep thea out of the dune area. He stated that at the tiae ot
construction of the dune walkover, the petitioner was at the approved
grade of 24" as specified by DNR, but after construction, Tropical
Stora Keith produced a treaendous amount of sand which filled in to
the top of the deck elevation, which lowered the elevation of the
walkover. He noted that the non-native vegetation has been removed,
and replaced with native vegetation.
Hr. Wilson advised that with regard to the recreational deck and
the northern sidewalk, Mr. Maurer preferred that rather than taking
these out and aaking application to DNR, he felt that he would rather
sit tight and let DNR make an evaluation as to whether these would
have a negative iapact on the dunes, and based on their final recom-
aendations, Bake the necessary adjustments.
Co..i8sioner Saunders questioned who did the actual construction
for Mr. Maurer? Mr. Wilson replied that Mr. Mllu'l'er did the construc-
tion, noting that he is a licensed contractor.
hpe..
1Y
Page 41
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MAY 23, 1989
The following persons spoke in opposition to this Petition:
Mr. :Joseph Ad_s, representing Lely Barefoot Beach Proper~ Owners'
Association, Mrs. Charlotte West.an, Mr. George Keller, and Mrs. Emily
Maggio. Reasons of OPposition were cited as follows: local and DNR
standards should be complied with; all appropriate corrective action
should be taken regarding this petition; petitioner should be required
to reaove all ite.. of construction which are illegal; petitioner
should be brought before the Code Enforcement Board, and fined for the
varioua violations; and the petitioner has "thumbed his nose" at the
County and the ordinances, and now he is requesting approval.
C t..laoer Volpe 8:W8d, MConded by Co88i..1oner ...... aDd
carried --t~ly. ~o cloae the public hearing.
C 1..1aaer Volpe 83V8d. 88CODd8d by Co8a.1.81oner ~Sght 8Dd
carr 181 t.a~ly, to deøy Pe~ition CCCL-ee-4C.
Co..issioner Volpe suggested that the Code Enforceaent Officers
investigate whether there is a violation that exists to the previously
approved variance which was granted to the applicant.
I t8a -.cl
ORDIJIUJC1E le-a2 A8IIDIIIG OJtDI~ el-7&, O'tILI'fIIS ft&lINm. UD
PIIOC"""""', U'lISDI'Ø 'lD UQOIJlD".~ua WOK LKO.AL DOC'tJIa.¡;8 .DD
PIb)v.wD18 FOJt 'lD ADOP'fIOJf 01', BY RK3OLO'tIOW, A SI,;JUWULJ: 01' snCDmJI
þ()Ç",,¡;~ ACCKPrABLK 1'0 'f'Im CODn'T AftORJrn - ADOPTED
Legal notice having been published in the Naples Daily News on May
4, 1989, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened to consider an ordinance amending
Ordinance 88-76. as aJIIended, by providing for adoption by resolution
of a schedule of specimen documents acceptable to the County Attorney
regarding legal documents for the Collier County Water-Sewer District.
Utilities Adainistrator Arnold advised that this item is a recom-
aendation to adopt an amendment to Ordinance 88-76, which is the
Utilities Standards and Procedures Manual. He stated that in
Septeaber, 1988, when this ordinance was adopted, Staff advised the
Co..is8ion that .Inor adjustments would be presented, as necessary.
He stated that at this time, Staff has identified the need to
11
Page 42
-~.._-_. -, -- ----
,,-
MAY 23, 1989
.tre..l1ne and identify the document. that should be in hand for
acceptance in advance of utilities facilities. He reported that
Ite.9Dl i. the co.panion item to this ordinance.
C -I_laaer..... 8OV8d, 8eCODded by Co8a1_1oner Volpe aDd
carr~ --I _ly, that the pubUc bearing be clO88d.
C -I-i8aer Volpe 8OV8d, 88Conded by CO8ai.8ioner ø.... aDd
carr~ --I-00881y, that tbe ordinance - DU1Ibered aDd tl~l8d. below
be 'Il..~ .... 8D~ered into OrdllU1DC8 Book .0. 315:
ORDIXAWCK 89-32
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 88-76, AS
AMENDED, BY PROVIDr~G FOR ADOPTION BY RESOLUTION OF A SCHEDULE OF
SPECIMEN DOCUMENTS ACCEPTABLE TO THE COUNTY ATTORNEY WHICH SHALL
SERVE TO GUIDE PREPARERS OF LEGAL DOCUMENTS SUBMITTED TO THE
COLLIER COUNTY WATER-SEWER DISTRICT FOR CONVEYANCE AND ACCEPTANCE
OF UTILITY FACILITIES; PROVIDING FOR SUPPORTING INFORMATION AND
PROCEDURES FOR REVIEW OF ALL LEGAL DOCUMENTS; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
n- ftDl
8:DOLUnC8 -'-127, Ut'ABLISJlIJIO 'fD FORM 01' SPlCDØJf L8G.AL DOCOha.wTll
'fO - DD:D 8Y 'fD DKVKLOPIID'l' COl8lU)u'fY FOa COIIVUAJICZ AIID ACCBP'fAIICK
01' Wu.ITI' I'.lCILITIKS OIIDD OJtDIJlAJrCK 88-71, AS AKDDKD - ADOP'l'KD
Utilities Administrator Arnold reported that this item is a com-
panion item to 6C5. He reported that the proposed resolution will put
into place the docuaents that will be referenced a. standard documents
which need to be coapleted for the acceptance and conveyance of utili-
tie. facilities.
C -I-i8Der ~h.n 8OV8d, aecOD4ed by CO88i-1oner ~lgh~
aDd carried ........t-oualy, that Ite8olu~1on 89-127 be a40pted.
7'1
Page 43
MAY 23, 1989
I~- .ec8
1tDOLUn0Jf 8"'128, R'rI'fIOW SDV-e...l, DlfIcmr JrADUU, lXC~nOJr ftOII
'fD ~Ian 01' 'I'D St18DmSIOW OJmIJI.IJrCZ J'OIt ftAc'1' 80, 8Or.DD an
88TU'D . ÞIT 32 - ADOPTED
Legal notice having been published in the Naples Daily News on May
1, 1989, as evidenced by Affidavit of Publication tiled with the
Clerk, public hearing was opened to consider Petition SDV-S9-l, rUed
by Dwight Nadeau, requesting an exception from the provisions ot the
Subdivision Ordinance No. 76-6, as aaended, for property described as
Tract SO, Golden Gate Estates, Unit 32, Collier County, Florida.
Planner Nino reported that the Petitioner is the owner of 8.86
acres at land, located on the north side of 2nd Avenue S.W., and north
ot Pine Ridge Road, in Golden Gate Estates. He stated that the
Petitioner is requestin~ that three lots be created, two at which will
front on a private easement 30' wide.
Mr. Nino advi.ed that the Subdivision Regulation Ordinance provi-
des for an applicant or petitioner requesting the variance and excep-
tion troll the provisions of the ordinance, adding that to his
knowledge, this is the first application of this nature that Staff has
received. He stated that all of the reviewing agencies have reviewed
this petition in the same manner as that of the Subdivision Master
Plan. He noted that Mr. Hadeau has requested a waiver of the
Subdivision Master Plan requireaentL which require the suba1ssion at
greater levels ot specificity than is shown on the conceptual aap that
the petitioner is .ubaitting.
Mr. Nino informed that the petitioner is requesting that he be
allowed to construct a 30' easement and 12' of pavement, as opposed to
the noraal requirement in a regular subdivision which is 60' right-ot-
way and 24' of paveaent. He revealed that reviewing Statt has con-
~rred that this is a minor activity, and it would not iapact the
8Ubject area significantly, and therefore have no objection to
granting the exception.
Mr. Nino revealed that the petitioner is requesting the waiver of
jO'V
Page 44
.._, -"..
-. -.. -""._-
-""<---"~---. ~
MAY 23, 1989
a final plat, however, he noted that the County Attorneyl. Office has
advi.ed that this request is not within the Board of Coun~
C~1ssioners' jurisdiction. He stated that the Planning Co..ission
i. reCO88ending that the final plat be required. but they did agree
unaniaously that the 30' eas.aent and the 12' pavement is satisfac-
tory, under the supervision of PrOject Review Services.
Mr. Nino stated that Mr. Nadeau has signed an Agree8ent Sheet,
indicating that he will tile the final plat, that the provision of the
easeaent will be provided, and the 12' of pavement will be constructed
in a &anner acceptable to Project Review Services. Therefore, he
noted that Staff is recoaaending approval.
Co..issioner Hasse Q~estioned whether the size of the roadway
aeets the requireaents of the fire department? Mr. Nino reported that
the fire officials have commented on this application, and have indi-
cated that they have no prOble. with providing fire protection.
Co..issioner Volpe stated that it see.. that there will be a pre-
Cedent set, noting that he can anticipate that the person owning the 8
acres to the east, aay at some point in time desire to 8Ubdivid~ his
property, and he will want to Use the same method which will result in
a 60' right-of-way, which is a private street.
Mr. Nino advised that during the ~ast 4 weeks, 5 people have been
referred to him, and they Want to do the same thing. He indicated
that he has advised that they IllUst sub.it a Subdivision Master Plan.
He POinted out that this area of Golden Gate is somewhat different, in
that the lots in this area are 8 and 10 acres in size, and the stan-
dard lot throughout the Estates is 5 acres.
Mr. Dwight Nadeau stated that he purchased this property in
Deceaber, 1988, and he is the sole owner of the property. He noted
that he is planning on subdividing the property with his family,
adding that there will be access via an existing 30' ingress/egress
e-e..nt, and he has the County right-of-way permit. He advised that
he will be providing a 58' apron on the right-of-way, tapering into a
IÐ~
Page 4&
- .-.
". -_.._>.~
..
MAY 23, 1989
20' iaproved area, which will taper into a IS' graded area, with 12'
on top of that to service the two properties.
Co..issioner Volpe questioned the length of the private road? Mr.
Badeau replied that the length of the egress/ingress easement is
1,178' long, adding that he will be i.proving this to ~72', which is
halt way into the third parcel.
Mr. Nadeau stated that he has gone through S ~o~ths of the review
process, and in addition to the 8Ubdivision exceptic.n request, he is
requesting the $150 plat review fee be waived, sinc~ this will ba a
waU::-thru.
There were no other speakers regarding this petition.
C' i..ioDer..... 8W8d, 88COD4ed by CO88J._1on.r Øooda.1ght ad
carr 1eII -- f -owal y, to cloee the public hearing.
Assistant County Attorney Weigel stated that the Agree.ent dated
May 19, 1989, is separate from that which was in the Executive
Suaaary, noting that this Agree.ent is part and parcel of the decision
that is -de today.
~f..loaer Shan-h8J1 8W8d. ~ by Co8a.t_loaer ØoodDjgh~
IIDd carri8C! 1ID8Di80a8ly, to applO~. Petlt1on SDV-8S-I, .. ~ I ðect
br u.. CC'PC, IIDd Pft' the Pet1~ion.r'. .....t..t, and tha~ St.tt begin
~ ~ ...L"'- to pr."....t 1IDDatural .ituationa trea degelopiDg, ad
tbat ""l1rtlDD .--12. be adop~ed.
2IIere - DO 8iCrtlon ~akeD on the I'8q1Ies't tor u.. waJft1" of u..
plat: ~ t_.
JOf-
Page 46
MAY 23, 1989
Ia. .-tAl
--ourn- ."12'. PnI'fIOII V-n-4. JaCILUI. V. CDJt&'fQ JœQt.-UJIU A
va-T-,::, .... 'fU UQUZJtKD SIDE YARD Sft8.&cE OW I.O'f 47. IIr.OCE 58.
..... ... PAB . UIrr1' . - ADOr:nm
Legal notice having been published in the Naples Daily "ewe on May
7, 1989, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened to consider Petition V-89-4, filed by
Michael V. Cerrato, requesting a 32 foot variance fro. the required
side yard setback of 50 feet to 18 feet in a C-3 zone for property
descr i bed as: Lot 47, Block ð6, Naples Park, Unit 5, Collier County,
Florida.
Planner Soto reported that the Subject property is presently a
vacant WOoded lot, abutting a residential property, and the Zoning
Ordinance requires a 50' setback between residential and co..ercial
property.
Ms. So to stated that the petitioner has a non-conforaing lot which
is 50' wide x 135' deep, and he proposes to construct a 1,472 square
foot showroom for furniture sales. She advised that on May 4, 1989,
the CCPC recoaaended approval of this petition, based un Staff's
reco...ndation.
In answer to Co..issioner Volpe, Ms. Soto replied that one of the
.t1pulations for approval of this petition, is that the petitioner
provide a landscaped buffer area, in order to buffer the single-family
residential property that abuts his property.
With regard to the buffering between the residential property and
the subject property, Coamissioner Volpe questioned what type of Com-
ait.ent the petitioner has made? Ms. Soto stated that the buffering
will be in accordance with Section 8.37 of the Zoning Ordinance, which
spells out the type of plants, their size, and how they should be
_intained.
Mr. Cerrato st~~ed that he concurs with Ms. Soto.
In answer to Co..issioner Hasse, Mr. Cerrato stated that there is
a Laundroaat iaaediately behind his property. He stated that every
loi
Page 47
ø ~ .~-"
--.---
--~
MAY 23, 1989
3rd or 4th lot in Kaples Park is a coaaercial lot which borders resi-
dentlal property.
There were no speakers either for or again8t this petition.
~ t-.1aaer 8oodnlght ~, 8eCOD4ed by CO8a1_10D8r ..... 8ZI4
carrJ." -1'l~~ly, that the public b8arlng be clO88d.
c t..s..r ~fght ~, eecODded by eo..J.a8iOD8r tth8ft-"-n
8Dd C8n'i8d 1/2 (~-10D8r8 Volpe 8ZI4 ..... oP_..4), b) ç.....o".
hf;J.tJea Y-8tt-4, per the cepe'. r8(:.~ lD4at10118.
)01
Page 48
MAY 23, 1989
Itl':1l nBl
RZSOLOTIO. 89-130, PU-88-4C, DR. rn:NO:J. SPAONA, RKPRESKnINO OLDDALE
MISSIO. BAPTIST CHURCH rOR PROVISIONAL OSE EXTENSION rOR AØ
RKr-a DISTRICT FOR A CHORCH FOR PROPERTY LOCATED O. THE SOOTH SIDE or
NEST MAl. STREET, APPROXIMATELY 1315 nET WEST or WHITE WAY,
IMMOULD, PLORIDA - ADOPTED
Planning Services Manager Baginski advised that this item referen-
ces Provisional Use PU-88-4C, concerning the Glendale Bible Mission,
noting that request is being made for extension of Provisional Use "a"
of the RMF-6 District for a church and other permitted uses. He indi-
cated that the original Provisional Use was approved on May 24, 1988,
and will expire on May 24, 1989.
Mr. Baginski reported that Staff has reviewed the request for the
extension of the provisional use, and they have determined that no
significant changes have taken place. He stated that Staff i. recom-
aending that this Provisional Use be extended for one more year.
Co8ai..1oner GOOdnight aoved, 8econded by Co..i..ionar Volpe and
carried unan1aouely, to approve the extension of Prov18ional 0..
PO-88-4C, for one year and that Re.olution 89-130 be adopted.
Page 49
II ~
MAY 23, !SI89
Iu. na
asor.un.. "'131, PftI'l'IOII PO-8e-1, IDIXOJI DODIKDIJIG, DIe.
~u.- 3. 1.. CDD CORP., IWC., RlQUU'fIJIG PItOVISIOIQl. U81C -A-
fir !'D -C-4- oo.arlltC:IAL GODAr. ZOJrIJrG DI8TJtIC'f roR All A.O'fCIIO8II.8 CAR
WAS1I r.oc.&'ftD 011 8OO'fB SIDE or GOLDa OAR PARDfAY - ADOP'RD
Planner "ino stated that the Petition is requesting a Provisional
Use for the purposes of construction a car wash to be located on the
south side of Golden Gate Parkway, ilDlDediately across the street froa
a shopping center that is under construction, and southwest of a strip
center. He noted that land to the rear of subject property is vacant,
however, property to the northeast consists of aultiple faaily houses,
and properties to the southwest contain two-family residences.
Mr. "ino reported thlt this application has been reviewed by all
appropriate County Agencies, and all stipulations are included in the
Petitioner's Agreeaent.
Co..issioner Goodnight questioned the type of car wash of the pro-
posed facil1ty? Planner Nino replied that this will be an autoaatic
car wash with a recycling aechanisa.
Coaai8sioner Hasse noted that there are residential properties to
the rear of the proposed facility and questioned if the alley
separating the properties will be paved? Mr. Nino advised that the
applicant has agreed to pave the alley.
Co..issioner Volpe questioned whether the facility will be
involved with selling petroleum products or gasoline?
Mr. B111 Edixon, representing:J. L. Kidd Corporation, Inc., indi-
cated that the latest state-of-the-art reverse osmosis reclaaation
process will be used. He further stated that the facility will not
be involved with the sale or use of petroleum products, and there are
no gas tanks. He stated that there are underground tanks for the
recycling of the water. He reported that the petitioner is agreeing
to hard surface the alley behind the project, and he will work with
the other property owners for their fair share. He advised that the
petitioner has no access to the alley.
~ t..iaaer ~ight 8O98d, 8eCODded by CO8a1-101118r 1Ih--'-n
J&
.... 80
0'- '-'O"
---"
KaY 23, 1...
... ----iet - f -sly, to ~£ov. .0-81-1, aubject to tbe rec~ 1..-
d8t: S- er tbe Co 11 J er Coan ty P 1 81m 1JJg CO88J. _1 on , IIDd the t ...., l1rt 1 011
--'-tal lie llhJ.1.t.4.
1
Page 51
---
MAY 23, 19a9
.....IbK......: 3:00 P.M. Recou..u8d 3:18 P.M......
L_l:r Clerk Eratt replacttd Deputy Clerk E8Dy'On at thJa t:i8e.
It- "CC)
QVICE 'l'ArTW or USaCLuS .. PIn RIDCl8 IIrDOSTJt.uL PAIa: M8TU ItU.ArIJIQ
'f'O Cku..xc.ua or OCCVPAIfCY I"OIt 'fD CItOSSIJIOS SU8DmSIOir - DUnIJIQ
or a "I' ILIT 'f'O 08U.nr 00TrALI, DI'!'C1I AIID con SJl.A.JUJIQ I'0Il CDnnCA'rKS
or ~AIICT .. 1... P.&JtADE or IIOMKS - APrlWYIW
Mr. Toa Peek of Wilson, Hiller, Barton, SolI ... Peek, Inc., stated
that he is representing National Development Properties of Florida,
Inc. in its efforts to obtain easements necessary to construct
drainage canals for the Crossings Subdivision to tie into the Pine
Ridge Industrial Park MSTU. He pointed out that petitioner is seeking
11 Certificates of occupancy to be issued for homes in the 1989 Parade
of H08es development. He noted that the petitioner was allowed to
construct these h08es dependent upon an outfall ditch, but has been
unable to obtain the necessary easements to move forward. He indi-
cated that the Petitioner requests the Board of County Co..issioners
to direct Staff to begin the steps necessary tor "Quick Taking" of the
easeaents needed and draft an agreement between the County and
Rational Develop8ent Properties of Florida, Inc. to share the expense
for this quick take and provide indemnification for Collier County
regarding the advanced issuance of the Certificates of Occupancy.
CO_issioner Volpe questioned the time frBJlle necessary tor the
"quick take" procedure? Assistant County Attorney Weigel explained
that the process involves condemnation of the lands appropriated by
the Court and obtaining a filing and hearing date. He stated that,
in all probability, the hearing date would be on the Fall docket.
Co_18sioner Shanahan questioned the cost of this process, ar.d
Attorney Weigel responded that it was considerable, taking into con-
sideration the filing process and the inclusion of all persons or
entities pertainin~ to the lands taken by Collier County, i.e. aortga-
gees, lienholders, utilities, cost of legal service and docuaents,
research for encuabrances on the property, etc. Comaissioner Shanahan
questioned if in the normal course of time the County pays all costs?
/
¡Þ
Page /52
--,--_.
-_. --- ..
MAY 23, 1989
County Manager Dorrill stated that one of the conditions is that the
petitioner "ill bear their fair share of the construction cost and
indeanify the County against any drainage failure for the area around
the 11 hoses. Co..issioner Saunders questioned how aany easeaents are
still needed and Assistant to the County Manager Olliff responded
"four". County Manager Dorrill stated that 185 easements have been
obtained, but the County has exhausted its' ability to obtain the
remaining four, and is considering going to eminent domain.
Co..issioner Volpe questioned the iapact on the remainder of the
project? Mr. Olliff explained that the total issue is a portion of
n. C=.81o.. S'~1vh10n proj..t re~1r1n. Certi"..t.. ot O'=~n~.
Hr. Peek explained rhat the street systems, water and sewers are
in place in The Crossings Subdivision, and the 11 holIes in the
Parade of Hoaes are in a safe condition. He noted that the other lots
Cannot be built upon until the outfall is constructed.
Co..issioner Shanahan questioned a) direction to draft "quick
take" and b) setting up parameters to protect the Board of County
Co..issioners in the event the resolution is approved. Hr. OlUff
stated the agreeaent between the County and Collier National
Development "ill clarify any questions about future projects and
assurance 1s also provided because S~uth Florida Water Manageaent
District issued the drainage permit. Commissioner Volpe eaphasized
that no other building permits will be issued for The Crossings, and
Mr. Olliff concurred.
(:' t..i-.r Volpe 8:I'V8d, 8eCODded by Coaaia.iou.r ..... 8Dd
~ f..~ ---~ and carried 1IDan~ly, that the CoaDty
£tt_-,. -Qaick 'lab- e.."'A.lt. and draft an agr.......t ~ the
~~a11 cUtcta. COCtt .baring for the ~ of the Quick !'aIt.tog pro-
C888 -.s 1ft" .....JfJcatJon of the County for any and all "---¡pea which
88'F .--Jt froa the 188aance of Cert:lfJcat.. of OcC1lpaDcy.
I t8a ftI&2
~-u. PLAr - ra nJrnUDs OIIIr 3 - COIITI~ 'fa MAT 30, 1.8.
~-1oDer ..... 8:I'V8d, 8eCond4td by CO8aiaaicner m¡~-~an and /J~
carr Jed -- f 18Oa81 y, that It- ftA2 be Contilnl8c! to May 30. 1888.
..... .. a
- ._"",""
-.-"
- , -""
.-
,,_.. --
8I&Y 23, 183.
% Û8 .....
---.8';1' ~.....--- COLLIn COU.n AIID COLLIn COO'II'rY BOUSDIQ AD'fllOItI'rY
., 'fO DY"iIIoI - ~ OW PO\r-tJ: nwDs - ~YII:IJ
Housing & Urban Improvement Director Shreeve stated that on May 2,
1989, the Board of County Commissioners approved a budget amendment to
establish a Cost Center to ensure proper accountability for Pocket of
Poverty funds and on May 9, 1989, approved a method to disburse the
funds. He explained that the Board of Directors of the Collier County
Housing Authority on May 18, 1989, approved the Use of $90,000 to
purchase lands to provide farm workers housing for 50 units,
Commissioner Volpe ques~ioned if this agreement had been reviewed
by the County Attorney's office for legal sufficiency and Assistant
County Attorney Weigel responded that it has and is prepared for
sign-oft.
C t-l_r Shan-'Jan 1IOV8d, INtCOnded by Coaa1..1oaer ....... &Dc!
~t-1oDer VaD Ab1ght &Dc! carried tmaD18oualy, that the agr".-.u1: tor
dJA- L .1: fd the Pacbt at Poverty f1mda be "",,40....4.
It?
......
--- .----
MY 23, 1...
It- "'1
8m "--13" rea 'fItAnIC SIGJIAL MAS'f IItOWS IW 'fD AMOOft or n, 500 -
...- 'fO ~ run LIOIITIJIO
Legal notice having been published in the Naples Daily News on
April 12, Ig89, as evidenced by Affidavit of Publication filed with
the Clerk, bids were received for Bid #89-1399 for traffic signal mast
arlD8 until 2:30 P.M., April 26, 1989.
Transportation Services Administrator Archibald stated that this
bid is for the purchase of traffic signal mast irons for installation
of a signal systea on Goodlette-Frank Road at Granada Boulevard and at
the entrance to the Royal Poinciana Golf Club. He noted that the
plans and specifications were prepared by Staff, advertised in accor-
dance with Bid '89-1399, and two proposals were received. He pointed
out that the low bid meeting specifications was received from Southern
State Lighting in the amount of $3,000 for the 36 foot aast arID and
$4,500 for the 54 foot mast arm. He noted that Staff recommends
approval of awarding the bid to Southern State Lighting.
Commissioner Hasse requested an explanation in reference to the
Agenda, and Transportation Services Administrator Archibald explained
that the County is 2-1/2 months behind schedule due to the bid process
for these mast arms. He explained that the County has not done any
pre-invoicing of costs including design and installation of poles at
the intersection of Goodlette-Frank Road and Royal Poinciana Golf
Club. He pointed out that the Board of County Commissioners directed
work be done on a reimbursable basis. Finance Director Yonkosky
stated that it would be prudent to obtain payment up front since deli-
very is currently scheduled in about 30 days. Mr. Arcltbald indicated
chat the County should invoice the Golf Club to receive payment prior
to delivery of the m~st arms, and avoid incurring any expense on part
of the Royal Poinciana Golf Club.
~t..1GD8Z' ..... ~, aeconded by CO8a1a.10D8r tIh..,_h,.. and
carr led 1ID811i8øaa 1 y, that the bid be awarded to Southern Stat.
Llght~ tor 87,500.
~(,
Page 55
""_co ---,,~-- -
MAY 21, nit
Iu. ~
,-. ~ ,... ..... .. - 'f. A . POItS1IDG , I lie . COIITR.AC'f 1'0 It V AIIDD.8 I L'f /8OIfI 'fA
88ACII .'fa MDr x.1tO"It_~ð - UPltuV&U WID STIPULAnon
Utilities Administrator Arnold stated that the contract with
T. A. Forsberg, Inc. pertains to construction of water mains in the
Vanderbilt Drive/Bonita Beach area. He pointed out that construction
of the 16 inch water main was completed along Vanderbilt Drive to
Bonita Beach Road. He indicated that this Change Order #4 includes
Phase II improvements for the construction of a booster pump And 1300
feet of 14 inch water main on Bonita Beach Road. Commissioner Volpe
questioned the 4-laning of Bonita Beach Road, timing and water.
pressure concerns. Mr. Arnold responded that the County entered into
an agreement with Land Development who contributed a substantial
aaount of construction and these improvements are designed to meet the
needs in that area. He mentioned that the improvements resulted in
the County meeting the fire flow at the last hydrant in Lely Beach and
additional construction will affect the water pressure. He noted that
the Fire Department will be looking for the County to follow through
with the improvements promised. Commissioner Volpe questioned the in-
line booster pump and the additional 1300 feet of 14 inch pipe? Mr.
Arnold responded that the booster pump will raise pressure as needed
for fire flow and build-out of the development. Mr. Arnold stated
that the 1300 feet of pipe will run along Vanderbilt Road taking the
place ot the existing line. so that it will not have to be relocated
or moved when the road is widened. In response to Commissioner
Volpe's question about four-laning Bonita Beach Road, Mr. Arnold
explained that additional capacity, flow and pressure are needed now.
Mr. Arnold pointed out that the cost will be less: 1) for a 14 inch
pipe, 2) the change order as opposed to a contract 3) and T. A.
Forsberg is constructing in the area at present.
C 1..1-.r Volpe 809'84, eeconded by Coaai..ioner S~.han and
carrl" -1~ly, that Changw Order .4 be approved tor CODatruct1on
of ...... II iIIp....__ut. and that the Otil1t1- Ada1nllrtrator be
81Ithoris8C! to .1p the ChaDge Order tor the Chalraan.
,1/7
Page 56
.- ,'..,,_. --" -,
MAY 23, 1989
It- ftKl
a..."_õt 'fO M8.........-r FOft BID .88-1228 FOft PtJItCBASE, DEL IVDT ,
IJrS'fALLA'fZ08 AJID SDVICK BY ORICK :nnurU'UJUE a DESIQJf CDTD, I.C. -
Ai'~1W 1fI'fIf acr.OSIO. 01' I'RKIGBT
Adainistrative Services Administrator Ochs stated that Staff seeks
the Board of County ColIIIDissioners' recolIIIDendation to amend the current
-vste. contract for payment of freight charges for demountable par-
titions and purchase and cost of glass products installed in interior
offices. He noted that in the previous agreement the County agreed to
pay freight and the cost of glass products and installation at cost.
He explained that the charges for freight were inadvertently
o.itted troll the current agreement by the contractor. He pointed out
that the costs have been anticipated and appropriated in the various
budgets. He explained tne cost for freight charges r~l from $500 to
$1,300 in various buildings at the Government Center. In response to
Co88issioner Volpe's question, Mr. Ochs responded that the County is
responsible for payment to this vendor, but it did not appear in the
agreeaent. ColIIIDissioner Saunders questioned if this is not approved
under the contract as currently drafted would the vendor be respon-
sible for freight charges? Mr. Ochs responded that the County would
be responsible for the glass payment but it is questionable about the
freight charges. Commissioner Saunders stated that the language of
the contract drafted by the vendor omits the freight charges and that
is their 8istake. ColIIIDissioner Saunders stated that he has no problem
with the exclusion of payment for freight charges. Commissioner
Volpe concurred but indicated that in terms of fairness a 8istake was
_de.
~t..lcmer 88aDdera 8OV8CS, aeconded by Co-l..loner Volpe and
carr Jed 1ID8Di8oaa 1 y, that the aaendaent be .pprov8C! wlth ezclulon of
tp... h"81ght cbargee and that any add! t1onal InforaaUon froa 81:aff
.~l1Dv P&)_t be preaented to the Board of County Coaal_lcmera
in the fora of IIDOther aaenðaent.
f{O
..... 87
'--'.,.,.".,~,
""-' .. -- -~., .
IllAY 23, UNI it
xu. ..1
~- 80. ....112 It.8QtI_nn POJtCJIASK or SDII-AO'fCIII.nc
uar...n:La"'Olt8 VSDIII DIS '!'1tUS'f I'O1ID MOIfIU - ADOPTED
Emergency Services Administrator Reardon stated that funds in the
EMS Trust Fund are generated from guilty plea fines in traffic viola-
tions. He noted that this Resolution will allow EMS in conjunction
with local fire districts to use semi-automatic defibrillators and
related equip.ent necessary for use in conjunction with card1o-
pu180nary resuscitation. He stated that this ia a new prograa which
will strengthen the link in our pre-hospital emergency care system to
correct cardiac arrest by use of defibrillation. Coamiasioner
Shanahan asked about budgeting time schedule and Mr. Reardon responded
that Finance Director Yonkosky's staff had coordinated all phases with
Tallahassee.
C i..~ 8aodnlght 8:W8d, eeconded by Coaai_Joaer m.-.b8D
8Dd C8rZ'18d --- i --...l y, to adopt Reaolutlon 8it-132.
J ('I
Page 68
"",.
MAY 23, 1989
'hp8"
1~_...1
CO8SI188A'I'I08 OW ItUOLO'l'IOW ABJrDI80 UD RD'ULIWO USOLO'l'IOIr 1&-144,
a'fA8L%88X88 ....-AT. UQOIa--¿S UD I'ROCKDUJtU »mJr~'IJIG 'l'D COLLIn
\,NU_&8' _J.",.",-xva PLAJI - COJl't'IIIOKD '1'0 DAn C.",IUttAIJI
Stan Litsinger, Growth Management Director, stated that
a revised time schedule for various steps in the Growth Management
Plan aaendaent is needed. He noted that the current tilDe frame places
unnecessary time constraints on Staff, and is unrealistic relating to
the Capital Improvement Element update to be completed in the aiddle
of May. He þointed out that this request will provide for submission
of aaendments on August 1 and their adoption by the second week of
:January, 1990.
ColIIIDissioner Volpe asked County Manager Dorrill if he had reviewed
this Plan and Mr. Dorrill responded that he had. He indicated that
the Comprehensive Plan has two annual dates for amendment: one is
fixed and the other is discretionary. Assistant to the County Manager
Olliff concurred.
Attorney Bruce Anderson representing Attorney George Varnadoe of
Young, Van Assenderp, Varnadoe & Benton, stated that he had pointed out
to Staff the need to amend the Comprehensive Plan to aake this change.
He questioned the effectiveness of t~e proposed resolution? Mr.
Litsinger responded that the current Comprehensive Plan amendment
schedule will be in effect until the Plan is amended, with the excep-
tion of the Capital Improvement Element. Attorney Anderson pointed
out that the resolution will have no effect until the Comprehensive
Plan is amended. He asked if the elimination of the second element
process for Capital Improvement Element is planned? Mr. Lits1nger
responded no, it is a required annual amendment: the process will
reaaln the same, but the time schedules will change.
ColIIIDlssioner Saunders pointed out that the Board of County
ColIIIDissioners will have the opportunity to change this resolution at
the aaendaent process.
The consensus of the Board of County Commissioners was that the
IS"
Page 59
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--- -.------.-"--
MAY 23, 1999
tilDe traae is unrealistic and staff recommendations will be considered
at the necessary time.
I~ .108
SKnLIIIIDI'f CD CAS. 110. 8&-o11o-cA-Ol COLLID COUJI'l'Y VS. tJlfInD S'fAftS
Ch -fM COIIPAft, JrI' AI.. D~ - AP}-IWY.ù
David Weigel, Assistant County Attorney, summarized the status of
Case No. 85-0910, Collier County, Plaintiff vs. United States Gypsum
Coapany, et al, Defendants. He stated that originally asbestos was
found in the ceilings of Buildings A, B, C and D which Collier County
removed. He indicated that a suit was filed in 1985 against the manu-
facturers of the plaster, W. R. Grace « Co., United States Gypsum
Company and Nelson A. Faerber to recover the removal costs. He
explained that Collier County accepted a settlement in 1981 troll W. R.
Grace« Co. totalling $133,695.90 after attorney fees and costs. He
noted mediation proceedings held in April, 1989 resulted in U.S.
Gypsua aaxing an otfer to the County of $40,000 in full and total
payaent of all claims. He indicated that the County Attorney and out-
oide counsel, Charles Erickson, recommend accepting the settlement.
Coamissioner Shanahan questioned the cost of litigation and the
aaount the County would seek from U.S. Gypsum? Attorney Charles
Erickson, of the law firm of Erickson and Erickson, explained that
alleged damages are $158,000 with possible punitive damages. In
response to Commissioner Shanahan's query, Attorney Erickson pointed
out that U.S. Gypsum feels they have serious defenses, including not
being liable for the cost of removal of the asbestos. He pointed out
6 out of the last 7 trials have resulted in defense verdicts. He
eaphas1zed that u.s. Gypsum is taking a hard line position and will
~ot go any higher than the $40,000. Attorney Erickson pointed out
that the cost of litJgation could go as high as $20,000, and in
response to Commissioner Shanahan's question noted there is always a
chance of winning, but given the cost of litigation and potential for
loss, his firm would settle. Commissioner Saunders
asked Attorney Weigel if the County Attorney recommended accepting
)6.;((
Page 60
---.,----.
MAY 23, 1989
the .ettleaent and. he responded "Yes".
C iI..l8D8r"'" 8DV8d, aecond8d by Coaal..1cmer ~ight: aDd
carr 181 t-.wly, to -1'1'1011'- accepting the ..ttl888nt In C... Wo.
.~'O - r~ IUd by out. ide c.:cnmael aDd t:he Coan~ At:t:OZ'D8y.
It:8a ~OA
JIO'rIC8 ro ~&&U FOIt TAX ODD APPLICATIOW FOR 1982 TAX CDTIJ'ICA'fU
I'OIt 1 21 8KL8CTKD P AItCELS - AI" rJW Y &D
Assistant County Attorney Weigel stated Collier County has a
responsibility to provide the Tax Collector with a Notice to Proceed
regarding tax deed applications for 1982 tax certificates held by the
County. He indicated that the taxes due and costs for the Tax Collec-
tor for the 524 unpaid certifications amount to $12,838.08. He
explained that the Depar~ment of Natural Resources has indicated an
interest in purchasing acreage located in the Fakahatchee Strand. He
referred to a letter received from the DHR by the County Attorney
conf1ra1ng a telephone conversation regarding the tax deeds of some
400 odd parcels in Big Cypress. He mentioned that the County might be
interested in obtaining parcels north of Alligator Alley, one parcel
in Everglades City and ten parcels in the Immokalee area totalling 121
parcels with taxes due of $4,100 and administrative costs of $21,200.
He explained that obtaining all 524 outstanding parcels would incur
another $118,000 in costs enabling th~ County to collect taxes for
1982 and subsequent years on the sale of the tax deeds. He 8UJ11J11arized
that the County has 3 options: 1) do nothing and lose the 1982 taxes,
at a cost of $12,838; 2) select parcels of interest, at a cost of
$21,225, or 3) select all parcels at a cost of $118,000. Commissioner
Saunders questioned the recommendation of the County Attorney and what
action is required today? Attorney Weigel responded that Notice to
P~oceed for the Tax Collector with the specific parcels required is
due today. Comaissioner Volpe stated that losing $12,000 of taxes due
at a cost of $70,000 is not practical. Clerk Giles commented that
property acquired may be of some value. He noted that money resulting
froa the sale of land to the State could far exceed the amount of
J(p /)
Page &1
... , ". ---.-----".----,-- ---'-'._-
MAY 23, 1989
taxes due. Clerk Giles questioned Attorney Weigel if the County aust
apply for a tax deed on all certificates from 1987 back to 1982?
Co..issioner Saunders indicated technically there may be a violation.
Commissioner Volpe indicated he was not prepared to proceed based on
this analysis. Commissioner Saunders suggested not taking any action
this year. Clerk Giles noted the millage rate is 1-1/2 percent of the
value and the property could be worth aany times that. Finance
Director Yanko sky indicated that the $225 charge per parcel will be
recouped by the Board of County Commissioners in the way of excess
fees. Commissioner Volpe pointed out that the cost including adver-
tising, aailing and a t'tle search totals $165.
Commissioner Shanahan asked if the Board of County Commissioners
could choose the attractive parcels? County Attorney Weigel responded
"Yes". Commissioner Volpe disagreed because he noted that the Statute
clearly states the County is required to apply for all of the parcels.
C 1..1aaer 1Jh-t-~ 8OVed, MConded by CO88i_10D8Z' Øoodnlght
t:o -..-Qu. t- 8otlc. to Proceed to the 'fax Collector in reference to
121 _lect:ed perce18. Carried 411. CO88i_loner Volpe ""..-.-.4.
It- ßLU
8U~ ""111~~6 "'179; 8..181. 8..18& - ADOP'RD
~t..1ØD8r tnwnahan 8OVed, 88Conded by CO88i..10D8Z' ~tght
8Dd ~ t..1cmer.... an4 carrled unanl80U81y, that Badget A88Dd8enta
'''In. ...111 8Dd ...18& be adopted.
I t:8a 4n 1&2
-_..M v~~A "'171, ...188 - ADOPTED
t" t-loaer ~han 8OV84, 88C:ODded by CO8d_1OD81" ..... and
cerrled -1-...1y, that ltadget: AaeD4aent. 8..178 aD4 ...l.. be
8cIopted.
I t:88 4n 1»
-~ &---_111'1" ItDOLtn:IO. ...1& - ADOPTBD
c-1_1_r S1unMh«n 8OV84. aecon4ed by C0881-10D8Z' --- and
carried -1-a.aly, that Budget Aa8nd8ent R880lution ...16 be
adopted. J( f
I'8g'8 .2
----------- . --'---
,-....,"-., ---".----
II&Y 23, 1...
n- .,,1&
.--Ioal 8OL%D IIUD COLLKC'f%OII - 110 AC'fIO8
Coaaissioner Saunders stated that he would like Staff to evaluate
the pros and cons of aandatory solid waste collection. He pointed out
that in ~une or July of 1990 the County's franchise agreement expires
and the Board of County Commissioners will be receiving requests for
proposals. He noted that it is important that current and future
franchisees submitting responses have an idea of the service area they
will be servicing. He indicated that Waste Management has been very
cooperative and aay be able to expand the collection area with an
increase in personnel an1 equipment without resulting in an increased
cost to homeowners. Commissioner Volpe stated that the Consulting
Engineers for the County's Solid Waste Master Plan incorporated
the Mandatory Trash Code into the RFP. County Manager Dorrill
responded that the report from Camp, Dresser and Staff through the
Solid Waste Advisory Committee will be completed within 8 weeks.
There was no action on this item.
%t8a .", CA)
JI'8f'!IIa.. 01' 8CVM ..... J'O1t 'lD DIn 'fKAM OW 'I'D COLLID C\ìu.u
--Trr'. 0IW%C8 - »rIQlYJUJ
Deputy Storrar of the Sheriff's Office stated that the Sheriff is
seeking to use monies from the Law Enforcement Confiscation Trust Fund
to purchase dive equipment for the Sheriff's Department Dive Team. He
noted that currently they use borrowed equipment.
~t..10D11r Goodnlght 8OVed, ..concSed by C~l..lOD8r S"...ah..,
8Dd c:arrled 1ID8Di80a8ly that the purcbaae be approved at a c~ of
t15,2H.00.
.n- ß'8
-.ar...a8ta AIID PUllCllASI! OW VDICLU F'Oft 1:-8 DOG IIAJIDLBJt8 J'O1t 'I'D
COLL%D <Nu.n 811D.X""S ORICK - AP,hwYJUJ
Deputy Storrar stated that the Sheriff is seeking to use monies
froa the Law Enforcement Confiscation Trust Fund for salaries, bene-
fits, unifora, equipment and vehicles for the 3 K-9 handler positions.
J "S
Page 63
"'--'-~"'""-'-'-
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MAY 23, 1989
In response to Coaaissioner Hasse, he responded that the two narcotics
dogs are in training, and they are seeking a bomb dog. Commissioner
Volpe pointed out that annual salaries for 3 deputies total $81,000,
and uniform expense and purchase of 3 vehicles added to that approxi-
mate a $100,000 expenditure. He explained that because these are per-
manent positions he feels that they should come in under the budgeting
process because this fund will not continue to provide payment for
this 1:-9 unit. Deputy Storrar concurred that this i8 a pilot program
funded through September only. County Manager Dorrill agreed that the
drug runners fund and confiscated property fund is limited by law to a
one tilDe cost for this prograa and after that would have to be
reflected in the Sherift's general budget.
In response to ColIIIDissioner Volpe, Deputy Storrar emphasized the
Sheriff is trying to address the narcotics problem relating to explo-
sives. He noted the increase in violence on special narcotics opera-
tions within the past six weeks towards officers, and said that the
training of the dogs will be completed within 4 to 5 weeks.
Co..issioner Goodnight stated that a demonstration of these dogs in
action is extreaely worthwhile. She indicated that parents at
Iaaokalee High School had dogs come to the school to flush out drugs.
Co..issioner Volpe questioned if the Sheriff has narcotic trained dogs
and Deputy Storrar responded "No". ColIIIDissioner Goodnight pointed out
the narcotic trained dogs come from the Southwest Florida Regional
Airport.
C -t-1-.r ~mm 8OV8d. aecond8d by Co8ai_1øuer -"""igb.~ 1:0
6r84-.~ tile pllot progr.. at a projected co.1: of 8SÞ4.0ao.OO. Carr led
4/1. ~-t..10Der Volpe 0w>088ð..
....ec '..s-r 8oodnlgb.1: 8OV8d. 88G0Dd8d by C~_10Dn' ~.b811
.... carrl8c1 unani80a81y 1:hat the followlng It- undezo the CoD88Dt
1;1 .. he ~1:ed and or .ppl0V~:.....
It- .1U1
llUuwa ~LW&aZ I. TIlE AMOOJff OJ' $2&,91&.00 RBCOGJfIZIWO CAJtK1' I'OKIURD
I'ItOII rr 11/" I'OK TIlE HOUSI.O AØD tßlBAB IMPROVDODl'T DKPA.Jnka.z UD TO
PUJtC1IASS ~z- 8QUIPMKJr"r IW TIlE AMOUJr'I' OJ' 811,000
I~- .14&2 JlP1
.......
._~. ,. "'-,.. " ...-- ..--.." .--.----
Þa.\' 23,1.'.
~- tI..JII3 801m AS SKCORI'fY raR DCAVATIOW PDMI'f IrQ. 51.838 - 'fALr.
OAD W -.a..-r:"
See Page. ~ - f1-. I-A. ~
11:- ßUl ..... 1:0 nBl
11:- 4J1482 8D9'84 to nB2
11:88 ß483
ItUOI.O'fIœ 80. 1St-133 AD1'BORIZIIrG STAn 1'0 ADVEK'fISE raR JlICDmST AIID
D8'f 8:IDDat I"nR LUsE 01' A PAKCKL 01' COlJan LIJID AIID DUIGJt&1.'I1IG '!'HI
UClU8'J' AIm BUT t1SE or SAID PARCEL or COUJI'fY LAXD AS A 'l'KLKPBon
8tI.Lhoa.uv I'ACILI'fY SIn
See Pages (Pi- B, / - E. ~
It- .14<:1
BIDS '--1400 AIm 1St-1401 I'OR LIBJtA.KY SDLVIWO AJrD nCBJrICAL 1'UDX'lOJt8
I'OK un IrAPLa 8ItUCB UI' COLLID COOJlTr PUBLIC LIBJtA.KY - A8rARDKD 1'0
SPACK ÞuJtO8bL.... IW '!'HI AMOon or U4,6US.30
Legal notice having been published in the Naples Daily News on
April 19, 1989, as evidenced by Affidavit of Publication filed with
the Clerk, bids were received until May 3, 1989 for Bids 88-1400 and
88-1401 for library shelving and technical furniture.
11:- 4J1el
MIl" .-.iT 80. 3 '!'O COIlSOD, 1'OWiI~...u AIID ASSOCn'l'KS, I:IC. K88IJIKDIIIG
sanca CG8D.&C'f I'Oft DPAnIOII 01' '!'HI OOIOII.&L una 'fUA'!IIIaft' PLIft
Dr 'rD JIIO<JJrr 01' 812 0 , 000
See Pagea k:? f - c.. I.. C-f
It- .14D2
IDIOt AIm una I'ACILITIIS ACCKP'r.urCE - ADDUBo. COJlJn'RY CLtJB - PRASE I
Recorded in OR Book 1444, Pages 581-ð98
11:- 4J14D3 8D9'84 to nD3
11:- .141:1
DI8JIO8.U, W DCU8 nu EQUIPKIJn' - COOJITr ASSft .3St451 (IIOILDIIIG CODI:
~1:_". DKrUne...u) '!'O LAJlDnLL
l~- 4J14U
ADDn'I-.u. PAD8ft J'O1t 'rDIPORAK\' CLBlUCAL SDVICIS I'O1t O'frr.mu
Prrx8108 nr IØOD8'f o~ 8240.20 (0 BID .8-12.6)
11:- 4J14.IU
..a~... IIADr'fD.uIcJ: USDmJrr ACCKP1'UCB nOM BOCA CII:CJA VIt..l'..&GJ:
coa.~I.WI U80CU'fIOW
... PIIg88 ¡'¡-}), I-D. ~ /'
.
11:88 .14&4 J(,S
P8fl8 88
---
.-.----"..-
---
- ,-
MAY 23, 1989
UTILITY EASEMENT TO FLORIDA POWER« LIGHT FOR POWER INSTALLATION FOR
NAPLES LANDFILL CELL NUMBER SIX LEACHATE TREATMENT SYSTEM
See Pages ~ [.1::.-' 1- 1:-' J/-
Ite. .14E6 aoved to .iEl
It- .14rl
PROVISIOW AXD MAIKTKØAØCE or SEMI-AUTOMATIC DErIBRILLATORS FOR USE BY
TO AREA rID DKPAJtTMKln'S - ANARDED TO LAKRDAL MEDICAL AS TO SOLE
IUJnJrACTUPD IK TO AMomrr or 864,110 -
It.. .1401
COJrTRACT WITH GEORGB W. BATCHELDER rOR TBB PLACDIBRT or A BUOY SYSTEM
OW COLLIER COURTY'S DEVELOPED ARTIrICIAL UKra IK TO AMomrr or 86.760
See Pages ~R.. F. 1 - F.e¡
It.. .14Bl
RBCOIMImJrDA'fIOR 'fO UCOGJfIZK CARRY FORWARD FROM :ry 87/88 rOR rt1JID 132,
PIn RIDGE IIIDUSTRIAL P.i..RE MSTtJ I. TO AMomrr or SS5, '50
It.. .14H2
RBCOIIKDDA'1'IOK TO UCOGJfIZK CARRY rORWARD FROM I'Y 87/88 FOR rt1JID 138.
.APLU PRODUC'fIO. PARX MSTtJ I. TO AMOmrr or 813,077
It.. .14H3
RBCOMIIbDA'fIOR TO RBCOORIZK CARRY FORWARD FROM ry 87/88 rOR rt1JID 301
'1'0 DABu UIMBORSIMKKT TO rtnm 159 IK TBB AMomrr or 882,190.17
It.. .14H4
PAYMEXT or IKVOICBS TO ODBLL ASSOCIATES, INC. IN ACCORDAøCE WITH
LETTER or AOUEMU'T or DBCEMBER 20, 1988 rOR ARCHInCTtJRAL SERVICES
FOR TO BBALTB AØD PUBLIC SERVICES BUILDINO I. AMOmrr or 812,832.8'
Ite. .14B5
CBAWOE ORDER.3 IX TBB AMOmrr or 880,125 AØD CBAØGE ORDER.4 I. '1'BE
AMOmrr or 49 192 rOR'1'BE COURTHOUSE PRO:JBC'1' TO IRArT CORSTRUC'1'IO.
See Pages ÍaÍ- ~ 1- 1f ~
"
Ite8 .1411
CER'l'IrICATKS or CORRBCTIO. TO TBB TAX ROLL AS PRKSD'l'BD BY PROPERTY
APPRAISER'S ORICE
1988 Tangibl. Personal Property
Ro. li88-18 Dated 05/0'/8'
It.. .1412
IX'1'RA GAl. TIME FOR IKMAn KOS. 66126, 69606, AØD 34188
J~/'
Page 81
.--."---.-..-
,-.
MAY 23, UII
It- .141
MIlCZLI.AJqoos CORRKSPOKDDCE - rILED AØD/OR RKI'KRRED
There being no objection, the following miscellaneous correspon-
dence was filed andlor referred to the various departments as indi-
cated below:
1. Response dated 5/12/89, Case No. 89-0642-CA-Ol, James W.
Elkins. Plaintiff v. Equity-Sound Development Group, et al.,
Defendants from Florida State Bank f/k/a Holiday Bank. xc:
Ken Cuyler; and f 1led.
2. Letter dated 5/9189 from Thomas G. Pelham, Secretary, DCA
announcing proposed amendments to Rule Chapter 9J-5, and
Rule Chapter 9J-24, Administrative Code, additional
workshop Thurs~ay May 18, for 9.1-24, and final public hearing
Tuesday, Hay 30, 1989; 9J-5 public hearing June 8, 1989. xc:
BCC, Ken Cuyler, Neil Dorrill, Stan Litsinger; and f1led.
3. Letter dated 5/11/89 from Diana M. Parker, Senior Attorney,
DCA, re: DCA vs. Collier County Board of Collllllissioners, Case
No. 89-1841. xc: BCC, Neil Dorrill. Stan Litzinger, Ken
Cuyler; and filed.
4. Letter dated 5/8/89 from Patrick Kenney, Environmental
Specialist. DER, enclosing short form application, F1le No.
111643075 involving dredge and fill activities. xc: Neil
Dorrill, Bill Lorenz; and filed.
5. Letter dated 5/5/89 from Patrick Kenney, Environmental
Spec ialist. DER, enclosing short form application File No.
111642525, involving dredge and fill activities. xc: Neil
Dorrill, Bill Lorenz; and f 1led.
6. Letter dated 5/5/89 from Pat~ick Kenney, Environmental
Specialist, DER, enclosing short form application File No.
111642595 involving dredge and fill activities. xc: Neil
Dorrill , Bill Lorenz; and filed.
7. Letter dated 5/5/89 from Patrick Kenney, Environmental
Specialist, DER, enclosing short form application File No.
111642655 involving dredge and fill activities. xc: Neil
Dorrill, Bill Lorenz; and filed.
8. Letter dated 5/8/89 from Robert K. Loflin, Environmental
Specialist, DER, enclosing short form application, File No.
111643055, involving dredge and fill activities. xc: Neil
Dorrill. Bill Lorenz; and f 1led.
9. Notice from DER dated 5/12/89 advising of public workshops
to be held May 12, May 15, and May 16, 1989 to discuss pro-
posed Rule 17-708, amendments to Rule 17-701.076, Rule
17-640 and existing Rules 17-6, 17-16, 17-19 and 17-610,
regulating full-cost accounting for solid waste management.
xc: Neil Dorrill, Bill Lorenz, Bob Fahey; and f 1led.
10. Letter dated 4/20/89 from Richard L. Healy, Deputy Director,
Marine Patrol Support Services, DNR, thanking Collier County
for the excellent cooperation given to this division's Bureau
of Vessel Titling and Registration by the Collier County Tax
Collector's Office. xc: BCC; and f 1led.
11. Letter dated 5/12/89 from Delores G. Dry, District J~1
Administrator, HRS, advising that HRS Collier County Public
Page 67
--..".-."...-,.-,
--.
MAY 23, 1989
Health Unit has been awarded an increase in general revenue
funds in the amount of $8,000 for funding for the Primary
Care Program for contract year 1986-89. xc: Neil Dorrill,
Kevin O'Donnell, Lori Zalka; and filed.
12. Minutes received and filed:
A. 5/8/89 - Collier County Beach Nourishaent Ad Hoc C~.
B. 4/21/89 - Collier Couøty Fire C00801i4atiOD S~ çroøp
and 5/11/89 Agenda
C. 4/12/89 and 4/19/89 - City of Naples
D. 4/6/69 and 4/20/89 - CCPC and 5/18/89 Agenda
13. Notice of Voluntary Dismissal dated 5/9/89, Case No.
89-472-CA-O1-HDH. Collier County, Florida, Plaintiff vs.
Robert E. Smith, et al, Defendant from the Twentieth Judicial
Circuit. Filed.
14. Order for Jury Trials and Pre-Trial Conference, Case No.
88-2868-CA-O1-HDH, Collier County, FL, political subdivision
of the State of Florida, Plaintiff vs. Harold E. Krantz, et
al., Defendant from Twentieth Judicial Circuit. xc: Ken
Cuyler; and filed.
15. Received 5/11/89 from National Park Service, U. S. Dept. of
the Interior, publication "Highlights Big Cypress National
Preserve" draft general management plan and environmental
impact statement. Filed.
...
There being no further business for the Good of the County, the
meeting was adjourned by Order of the Chair - Time: 4:50 P.M.
BOARD OF COUNTY COMMISSIONERS/
BOARD OF ZONING APPEALS/EX
OFFICIO OOVERNINO BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS
CONTROL
-Lff~IRXAH
ATTEST:. ¡¡,¡~ Î.,7
:JAME~'b-.. GILES .:J;<:LERK
..' ('
!§.'.~.'~D.c.
. , .
~Th~SS o1nn S-ved by the Bnsrd n~ / ~ /" J!'
as presented or as corrected.
J~I
Page 68
"",,"..'---"-"'"