BCC Minutes 11/22/1988 R
Naples, Florida, Noveaber 22, 1988
LET IT BE REMEMBERED, that the Board ot County Co.aissioner. in
and tor the County ot Collier, and also acting as the Board ot Zoning
Appeals and as the governing board(s) ot such special districts as
have been created accol"ding to law and hav.1ng conducted bus.1ness
herein, set on this date at 9:00 A.M. in RZGOLAR SESSIOW in Building
"r" ot the Governaent CoMplex, East Naples, Flori~a, with the
tollowing seabers present:
CHAIRMAN:
Burt L. Saunders
VICE-CHAIRMAN:
Anne Goodnight
R.1chard S. Shanahan
Michael :J. Volpe
Max A. Has.., :Jr.
ALSO PRESEJfT:
:Jaaes C. Giles, Clerk; :John Yonkosky, Finance
Director; Ellie Hottaan, and Dalila Mendez, Deputy Clerks; Meil
Dorrill, County Manager; Ron McLeaore, Assistant County Manager; Toa
Ollitt, Acting Community Development Adainistrator; Ken Cuyler, County
Attorney; George Archibald, Public Works Adainistrator; Leo Ochs,
Buaan Resources Adainistrator; Jay Reardon, Emergency Services
Adaini8trator; Michael Arnold, Assistant Utilities Adaini8trator;
~.n Pineau, EMergency Management Director; Kevin O'Donnell, Public
Services Adainistrator; David Weeks, Dwight Nadeau and Philip Scheff,
Planners; Nancy Israelson, Adainistrative Assistant to the Board; and
Deputy Chief Ray Barnett, Sherift's Departaent.
Page 1
Tape -I
A.DDKJ)
MOVEMBER 22, 1988
IrDLY KL&CTKD COt8IISSIo.-ns RICBARD S. SBAMAHAJf An MICRAEI. :J. VOLPE
.urn U-ELZC'TKD COÞ8CISSIOQJtS PA'nUCIA AJnr& OOODlfIOHT AJm MAX A. BASSIt,
n. ADMI.ISTDItD C?A'nLor O~~~. 1rf--ÆDOIU~~ns
Judge HayeG adainistered the Oath ot ottice to newly-elected
Co-issioners Richard S. Shanahan and Michael J. °; - :.""-' and re-elected
CO_issioners Patricia Anne Goodnight and Max A. Hasse, Jr.
Atter the swearing in ot the Co.missioners, Co.aissioner Saunders
welcoaed Co_issioners Shanahan and Volpe and Coaaissioners Hasse and
GOOdnight .In serving their new terms.
He stated that he is looking
forward to the next two years of his term.
It.. -128
COI8aSSIOIID SAD1rDERs EL.ECT:ED AS CllAIIOIAJr, A1ID COI8fISSIOJrD BASS.
8I.8CT8D AS VICIt CllAIJItMAJr AJrD ORDI.UC. UØARDI.O ELECTIO. or CllAIftJiWf
AJrD VICIt-cJL\IIQIAJI 1'0 BE AMDDm
CoaaJ...ioner 11&8.. 8OVed, "conded by Coaai..ioner Volpe and
carried UD8Di80U8ly, that Coaai..Ioner Saunder. be elected CbaJraan.
CoaaJ...Ioner Shanahan aoved, seconded by CoaaI..Ioner Volpe and
carried unanI8OU.ly, that ~oaai..ioner B.... be elected.. Vice
Cbairaan of the Board of County Cø-J.eIonere.
Co-issioner Volpe questioned whether the OrdInance could be
88ended for future election8 of the new Chairman and Vice Chalr..n
to take place atter the beginning of a new year to enable the newly
elected Co_issioners to become familiar with the other Co-issioners?
It was the consensus of the Board that the County Attorney's office
88end the ordinance, as per Commissioner Volpe'. suggestion, with the
provi.ion that if the Chairman or Vice Chairman is not 8eated on the
Board at the time ot a new Commission, the election would then take
place at the first meeting ot the new Co..Jssion.
It- n
--- - APPItOVKn WI 'fJI ~ .a -raD
Co8aJ..Joner 11&8.. 8OVed, secODded by CoaaJ..ioner Volpe and
c. "Sad UD8D180U8ly, that the agenda be approved -i th the tollOW1ag
chaDgea r
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g.
It.. .5A
~.. 22, It88
a.
It.. 5B - Proclaaat1on designating Dece8ber, It88 .. hIp An
ADge 1 Men t h - Added.
b.
It.. 9<=1 - Approval tor Chairaan to sIgn a CoaaIt_nt of C..h
for the Tri-County Senior Service. - Added.
c.
It.. 9rl - D1.cua8ion of new Coaai.8ion orIentation and
workshop schedule. - Added.
It.. lOB - Reaolution authorIzIng acqui.ition of 18Dd8 by
gIft, purchase or condeanation for four-laning of S... 951
Added .
d.
e.
It.. 12B - 8lection of new Cbairaan - Added.
f.
It.. 9r2 - Reaolution authorizing hed rex, Inc. to aubaJt an
application on behalf of Collier County for $850,000 for .ite
d8velopaant work In IlI8Oksl- at the place identified ..
CollIer Village - Added.
Approval of rAC trIp to San DIego - Added.
PItOC'L.AMArIow DUIOXATUO .0000D 20-28, 1988 AS ..ArIonr. ADOPrIOW
Imrr. - ADOnlUl
Opoo readIng the Procl...t1on, Co8aI.s1oner Goodnight 8OV8d,
84tCODded by Coaais.Ioner 11&8.. and carried unanIl1OU8ly, that 8oveaber
20-28, 1811, be de.ignated a. -National Adoption Meek".
On behalt of the Department ot Health and Rehabilitative Services,
Mrs. Glenda Tho.as advised that there are ~11 children awaiting adop-
recognition.
tion within the State.
She stated that she appreciates the Board's
P",q.. ~
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NOVEMBER 22, 1988
It.. -SB
DUIGXATI.G D8C8KBER, liee AS "B:ELP D Dan MOIITB" -
Upon readIng the Procl...tion, by Co_ls.loner 1Ia8.., Co_i..ioner
Shan.baD 8OVed, ..con4ed by Coaais.ioner Volpe and carried unani-
8OU8ly, that Deceaber, liee be cSe8Ignated - "Help An Angel Month-.
Mr. ThO8aS O'Reily thank~d the Commission on behalf of the
Departaent of Health and Rehabilitl.tive Services and the needy
children of Collier County, noting that without the gifts and genero-
sity of the County, these children would not have a happy Chri.t....
,¡!
,.
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NOVEMBER 22, 1988
It.. nISI
ORDIKA8C8 11-91, PltTITIOM PDA-II-IC, SUKCOAST DEYBLOPMKX1' CORP. R8PR8-
SDTI.a COnIIfDTAL rIlfAXCIAL, LTD. REQUESTIlfO AX AM&øUl'l&.ftT TO Tn BAY
raREST PO'D raR LOTS ~~..!~.J_1fS L.1L AJm II - ADOPTED
Legal notice having been published in the Naples Da.1ly News on
October 21, 1988, as evidenced by Affidavit ot Publication tiled with
the Clerk, public hearing was opened to consider Petition PDA-88-8C,
an amendaent to the Bay Forest POD, to amend permitted uses by adding
single-taaily or multi-family dwelJ.ings and development standards for
Lots 1,2,14,15,16,17, and 18.
Planner Nadeau stated that Suncoast Development Corporation,
representing Continental Financ.1al, Ltd. is requesting an amendment to
the Bay Forest POD as indicated above.
He noted that land to the
north of this property is zoned POD (Audubon Country Club), which per-
.its 728 multi-family dwellings and 12 acres of commercial land uses
on 786.9 acres, and consists of undeveloped pine tlatwoods; land to
the east, across Vanderbilt Drive is zoned POD (The Retreat), which
permits 740 multi-family dwellings on 208 acres; land to the west is
zoned POD (Waterglades) , which permits 235 multi-family dwellings on
40.87 acres, and land to the west is a continuation ot the Audubon
POD.
Mr. Nadeau indicated that when the Bay Forest PUD was approved in
1981, i~ was designed for multi-family, multi-story dwellings, but due
to changing market demands, the majority ot the developed portions ot
this PUD have been developed with low-rise, townhouses, villas and
garden apartments, thus the Petitioner is requesting the amendment to
the PUD documents, which will allow the continuation ot a development
pattern within the PUD.
He indicated that Staff has found the amend-
.ent to be in compliance with the Comprehensive Plan, as noted in #.
of the Staff Report and, theretor~, recommend approval, subject to the
Petitioner's Agreement.
Mr. Nadeau advised that the CCPC reviewed the subject petit.1on on
~tober 20, 1988, and they are forwarding it to the Board ot County
~~..issioners with a recommendation of approval (8/1).
He noted that
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NOVEMBER 22, 1988
two people spoke at the public hearing requesting further clarifica-
tion ot the dwelling types, adding that Staft and the Planning
Coaaission responded by describing the propos~d dwelling types as
similar to those which currently exist in the development.
He stated
that Staff received a letter from the Bay Forest Property Owners
Association on November 8, 1988, advising that they support the
Petition to amend the PUD.
rn answer to Commissioner Saunders, Mr.
Nadeau stated that the Petitioner [agrees with all conditions, which
have been incorporated into the PUD documents.
Mr. Robert Duane of Hole, Montes & Associates, referred to the
displayed site plan, noting that the only difference to the plan, if
the aaenj_ent is approved, will be that the attachments between the
structures will be removed.
There were no speakers either tor or against th1spet1t1on.
Coaai.sioner Ooodnight aoved, .econded by Co..I..ioner B...e and
carried unani80U81y, that the publ.1c hear.1ng be closed.
eo..I.sioner Goodnight aoved, seconded by Co_issioner Shanahan
and carried unani80U81y, that the ordinance as nuabered and tItled
below be adopted, subject ~~ the PetItIoner's Agree..nt, and entered
1nt~ Ordinance Book .0. 33:
ORDIKAKCE 88-91
AN ORDINANCE AMENDING ORDINANCE 81-7, WHICH ESTABLISHED THE "BAY
FOREST" PLANNED UNIT DEVELOPMENT BY ADDING NUMBERED SECTIONS AND
PARAGRAPHS TO THE PUD DOCUMENT, ADDING SECTION .01 INTENT AND
PURPOSE, AMENDING SECTION .O4-PERMITTED ACCESSORY USES AND
STRUCTURES, ADDING SECTION . 14-PERMITTED USES FOR LOTS 1, 2, 16.
17, 18, 15, 14, AND ADDING SECTION . 15-DEVELOPMENT STANDARDS FOR
LOTS 1, 2, 16, 17, 18. 15, AND 14. AS RECORDED IN PLAT BOOK 13,
PAGES 27 THROUGH 29, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
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NOVEMBER 22, 1988
It- nA1
R8S0LOTI~ 88-298, PETITIO" CCCL-88-17C, ST~ LAXDSCAPE CO.,
RZPJt8SDTI.O MR. a MRS. ALUAJrDER CALDKR UQtJXSTIMO A 105' VARIUC8
FROM rK8 COASTAL COMSTRUCTIO. COKTROL LIRE FOR A USIDIKCE 1M TKI L8LY
IWlØOO'r BEACH Pt1D - AOOP"I1tJL____----------------
Legal notice having been published in the Naples Daily News on
Hovember 6, 1988, as evidenced by Affidav.1t of Publication filed with
the Clerk, public hearing was opened to consider Petition CCCL-88-17C,
filed by Ron Whitman, Stahlman Landscape Co., representing Mr. «Mrs.
Alexander Calder, requesting a 105' variance from the Coastal
Construction Control Line (CCCL) , to allow for site landscaping (a
beach garden) seaward of a single-family residence in the Lely
Barefoot Beach PUD (Unit 1, Block F, Lot 11 and Block G, Lot 1).
Environ.ental Specialist Stevens stated that the proposed beach
garden will extend from the western edge of the house seaward, a
distance or 105' to the edge ot the sea oat habitat.
She noted that
the petitioner will be planting native beach vegetation, with only
occasional non-native species; the beach garden will be bermed, and
several underground irrigation pipes will be installed across the
landscaped area.
Ms. Stevens noted that Start believes that the landscaping will
enhance the environmental and aesthetic qualities of the site and,
therefore, recommend approval of this petition.
Mrs. Bettie Gulacsik, representing the League of Women Voters of
Collier County, questioned whether the property Is located to the east
or to the west of the road along the beach?
Ms. Stevens replied that
the property is to the west of the beach road.
There were no other speakers either tor or against this petition.
CoaaI..ioner Shanahan 8oved, seconded by Co_issJoner Ooodnight
and carrIed unanl80usly, that the publIc hearJnp be clo.ed.
CoaaIs.ioner Goodnight 8OVed, seconded by Co_i..ioner B.... and
carrIed unani80U8ly, that PetitIon CCCL-88-17C be approved, thereby
adopting Ra8olutlon 88-298.
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NOV!M8!R 22, 1088
It.. 11A2
IIIOLO!IOI 88-207, PlTITION V-88-18, DIIWIS HAMILTON, RlQUlSTIIO AI
18' VUIUCI FROM m RlQOIRID rROJrr TARP 'ITJJAÇJ rQ AGG9MMODAn A
IflðLJ-IAMlLY A!SfOIWOI rOR PROPERTY LOCATED AT m IORTHlA8T CORXIR
or UTI A~J...J!... ~ 39'Ut.llß.UU-~~QQlIJIL- ---
Lo(JAl nol1tl! havth(; h@!t!h þubJhhed 1n the NapJ...n Daily Nflws on
Hoveaber 6, 1988, as evidenced by Affidavit of Publication tiled with
th'. c:c'}tterrk, P'u'hjlcr h"ea~rlnngq "Fill nllf'r'f'r1 ,:' , r 'Ii" f1 t It I " " rlfj IF
th k Þ b h r was opened to consider Petition V-88-IS,
filed by Dennis Hamilton. requesting a variance of 18' from the
required southern front yard setback of 7~' to ~7' to accommodate an
existinç single-family residence in the "E" Estates zone tor property
described as the South 180' of Tract 162, Golden Gate Estates, Unit
27, and located at the northeast corner of l~th Avenue S.W. and 39th
Street S.W.
Planner Weeks indicated that the Petitioner is requesting a
variance to reduce the southern front setback, as noted above.
He
advised that in April, 1987. the Petitioner obtained building permIts
for a re.idence and a g~r.g~. and construction then commenced.
A spot
survey was conducted which evidenced an encroachment ot 18' into the
tront yard setback ot 75'.
He noted that the Board waived the then
existing moratorium on after-the-tact variance petitions and allowed
Mr. Baailton to continue construction, at his own risk.
He stated
that the Petitioner was issued a temporary Certificate of Occupancy,
pending final action of this variance petition.
Mr. Weeks advised that subject property is a corner lot which has
two front yards, two side yards, and no rear yard, adding that this
property is not unusually shaped, and there is a FP&L easement to the
rear of the property.
He indicated that Staff realizes that the
layout of the house could not be placed on this lot to comply with
setback requirements. adding that a house of comparable size. could.
He Indicated that the Petitioner believes that Staff made an error in
issuing the Building Permit, and he would not be in the s.1tuation that
he is presently in, it the permit was not issued.
Mr. Weeks stated that based upon review ot this petition in accor-
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NOVEMBER 22, 1988
dance with the criteria set forth in the Zoning Ordinance, Staff does
not find that a land or structure related hardship exists, therefore,
they are recoamending denial of this petition.
Mr. Weeks indicate1 that the CCPC is recommending approval of sub-
ject petition.
He noted that no correspondence has been received
relating to this petition.
He further noted that the Petitioner ie
requesting that his application fees be refunded.
Mr. Dennis Hamilton stated that he feels that the County made a
.1stake, noting that he paid $1,300 .In uuilding permit fees, and
building inspectors had been to his property advising that he was in
coapliance with all codes.
He noted that he has had to take time off
froB hi. job on tour ditt~rent occan1ons to appear at various
.eetings because of this situation.
He stated that there are other
houses in his neighborhood that are closer to the road than his house
ls.
Co..issioner Saunders stated that he does have sympathy tor Mr.
Haailton regarding the petition. but he does not teel that the tees
should be refunded.
There were no speakers either for or against this petition.
Co8aI.sioner Shanahan 8Oved, seconded by Co_i..ioner Goodnigbt
and carrIed unaniaoualy, that the publIc bearIng be clo.ed.
Co8ai..Ioner Goodnight 8Oved, .econded by Co..iesioner Sba~ahan
and carrIed unaniaoualy, that PetItIon V-88-16 be approved, baaed on
the reeD
Tndation of tbe CCPC, and that Re.olution 88-2i7 be adopted.
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NOVEMBER 22, 1988
It.. 4nU
RZSOLurIO. 88-298, PETITIOM V-88-1S, MR. BEB BENFIELD or MARCO DOCX
AJrD PILIIIG CO., RKPRESE1fTIKQ DICIt StnOlERLIK, REQt1ESTIMO A "1' VARIDCB
roll A BOAT DOCX roR PROPERTY LOCATED KORTH or .JAMAICA DRIVE AJrD EAST
or .ASSAD STREET, ISLE or CAPRI - ADOPTED
Legal notice having been published in the Naples Da.11y News on
Noveaber 6, 1988, as evidenced by Affidav.1t of Pu~lication f.11ed with
the Clerk, public hearing was opened to consider Petition V-88-15,
filed by Dick Summerlin, represented by Ben Benfield of Marco Dock and
Piling, requesting a variance of 1 feet from the required east and
west side yards (Riparian Line) setback ot 1.5 teet to .05 feet for a
boat dock and boat dock mooring area in the RSF-4 zone for property
described as: Isles of Capri, Island #2, Lot 164, North ot .Jamaica
DrIve and East of Nassau Street, Section 32, Township 51 South, Range
26 East.
Planner Schetf advised that the subject property is zoned RSF-4
which allows private boat docks as permitted accessory structures, but
all dock facilities on lots with less than 60 feet of water trontage
shall have a side 8etba~k requirement of 1.5 feet.
He indicated that
the subject property has 25 feet of waterfront property.
He stated
that the Petitioner proposes to have a boat dock constructed,
coaprised of a 3' seawall and 22' of docking space, which would enable
hi. to dock a 20' Open Fisherman on the east side of the dock.
He
noted that the d.1stance to adequate water depth (3' mean low water) is
approxiaately 10' from the seawall.
He noted that based upon the crl-
teria contained in the Zoning Ordinance, Staft did find that a land or
structure related hardship exists and, therefore, is recommending
approval of this petition.
Mr. Scheff indicated that the CCPC held their public hearIng on
October 20, 1988, and forwarded subject petition to the BCC with a
recoaaendation of approval (5/3).
He stated that a companion item,
Petition BD-88-8C, was also approved at this time, allowing a ð' boat
dC'ck extension.
He advised that an attorney representing the property
o.
tr ot Lot 165, east of the subject property, spoke in OPposItIon to
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NOVEMBER 22, 1988
this petition, citing the affects that the proposed variance would have
upon his client's view, property value, and private property rights.
He noted that four letters of opposition have been received for this
petition from neighboring property owners, whose comments include that
the proposed dock would adversely impact adjoining property owners by
encroaching upon the.1r property rights, represent a safety hazard to
passing boats, and depreciate the value of surrounding properties.
He indicated that Staff believes this petition should be approved,
subject to the CCPC's recommendation.
Co..issioner Hass~ questioned whether the propoøed dock would have
any effect on the boathouse located to the left of Mr. Summerlin's
property?
Mr. Scheff replied that the dock is very close to the
boathouse on the neighboring property, but the Petitioner intends on
docking h.1s boat on the east side of the dock.
Attorney David Bruner, representing Mr. Summerlin, stated that his
research indicates that this variance petition conforms with Florida
Law, and he believes that Staff's recommendation of approval is a fair
decision, which will allow all the people in this area to enjoy their
waterfront property.
Hr. J. W. Bergmann, owner of Lot 163, submitted a diagram of Lots
163, 164, and 165, noting that Lot 164 is pie-shaped, and the owner
was aware of the potential water access fac.1lities before he purchased
the lot.
He indicated that he feels thd~ dpproval of this variance
will be an encroachment and trespass of the property rights of the
adjacent properties.
Commissioner Volpe stated that Mr. Bergmann's diagram indicates
that there is an illegal seawall, and questioned whether the location,
or the construction material is illegal?
Mr. Bergmann replied that
the previous property owner had a cem~nt block wal] constructed, and
then filled in the land between the property line and the seawall,
noting that the Petitioner is measuring from the seawall, which is not
t.
property line.
Mr. George Keller stated that any action that is taken today wIll
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NOVEMBER 22, 1988
be .etting a precedent tor the future, noting that property owners
that have l' or 2' of land that borders water will believe that they
can build a dock out, and have the use of the water that they were not
entitled to when they purchased the lot.
Mr. Richard Suamerlin III, stated that when he purchased the
subject property, he contacted the Building/Zoning Department to
advise that he intended to build a 6' x 16' dock, and was told there
was no problem.
He indicated that after that time, the side setback
requireaents changed from 6' to 7.5', which he was not aware of.
He
advised that he had a dock constructed, and then learned that he was
in violation because of the change in the new side setback, adding
that he had the builder remove the dock.
There were no other speakers either for against subject petition.
~..Ioner Shanahan aoved, .econded by Co..i.aloner Goodnight
and carried unanillOU81y, that the pubUc hearIng be cloeed.
Co8aIe.loner B.... aoved, seconded by Co..ls.ioner Shanahan and
carried anan18oualy, to approve Petition V-aa-1S, thereby, adoptIng
ae.olation .8-2'..
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NOVEMBER 22, 1988
... Rec.e~ 10:00 A.M. - 10:1& A.M. at whIch tI..
De~~ Clerk Mendez replaced Deputy Clerk Boftaan ...
It.. 7A4
R8S0LOTIO~ 88-299, PETITIOM .0. V-88-9, ~CIS M. AXD MARJORIE L.
OLAZID, REQt7UTUO A 2 1/2 rooT VARIAJfCE FROM THE REQUIRED (WEST)
SID8 'URn SZTBACI: REOUI~ OJ' 1& nET TO 12.& nET - ADOPTED
Legal notice having been published in the Naples Daily News on
Nove.ber 6, 1988 as evidenced by Atf.1davit ot Publication t.1led with
the Clerk, public hearing was opened to consider Petition V-88-9 filed
by Franc.1s M. and Marjorie L. Glazier, requesting a variance for pro-
perty located on the south side of 95th Avenue approximately 360 feet
east of 7th Street in Section 33, Township 48 South, Range 25 East,
Naples Park Subdivision.
Planner Scheft advised that the property is comprised ot two lots
and when the duplex was built, it was not squarely situated on the
lots.
He noted that the petitioner has stated that it is non-
contor.ing lots of record,
He stated that attached to the center of
rear of the building is a divided utility room and the purpose of the
screen room is to permit entry into this room.
He indicated that the
petitioners desire to build the screen room is to match an existIng
screen room located on the east side of the bUilding.
He stated that
Staff does not find that a land or structure related hardships exists,
and reco-ends denial.
He noted that the Planning Commission held
their public hearing on November 3, 1988 and recommended approval, and
al.o noted that no one spoke for or against the petition and that two
letters of sUpport have been received from neighboring owners.
Mr. Francis M. OJazJer, the petitioner, provided the Board with a
statement, copy of which was not given to the Recording Secretary.
stated that heavy rains usually result in mosquito infestation and
that is the main reason for the variance request.
He confirmed that
hi. neighbors do not object to the screen room, and indicated that he
would comply with all zoning requirements.
He requested the Board's
il
\lgence in the matter.
Cc8aj..Ioner 11&8.. 8OVed, -conded by Co_l.sloner Saunder. and
Page 13
He
ROVEMBER 22,1118
c:arr~ ........i~ly, thrd the public baarJ.ng be clo8ed.
ec-J_itmer 11&8"... aoved, "cond.ed by Coaais.ioner Shanal)ea and
carx'1ad ~i80~¡y, that Reaolutioa 18-211, re PetItIon V-II-I,
rranc1. M. and MarjorIe L. OlazIer, raqueating a 2-1/2 foot varIance
tor t:he r8q1Üred ...at aide yard ..tback require_at, be adopted.
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NOVEMBER 22, 1988
It.. ~1
ftE$OLOTI0880. '8-300, PETITIOM PO-ee-liC, C. L. CARKER, REPRES&RTIMO
r.D.O.T., REQaEaTi.O PROVISIORAL USE "B" OF 8.10 ESSENTIAL SERVICES
roR r.D.O.T. rIELD OFFICE - ADOPTED
Planner Scheff advised that the subject petition is a request for
a Provisional Use "b" of 8.10 essential services for property located
at the Old Toll Plaza site on the south side of S.R. 84, approxiaa-
tely 3,000 feet east of S.R. 951, in Section 2, Township 50 South,
Range 26 East, consisting of 1.274 acres.
He noted that the item is a
coapanion to It.. PU-88-1C.
He stated that land to the north, across
S.R. 84, contains a communications tower and vacant land; to the east
there is a aobile home housing a Florida Highway Patrol StatIon; and
to the south and west are undevel~ped woodlands.
He indicated that
the request complies with the Comprehensive Plan.
He advised that
r.D.O.T. i. currently utilizing a house in Golden Gate Estates as a
f.1eld offIce for its construction f.1eld forces for all State construc-
tion projects, which is Petition PU-88-1C.
He advised that at the
Board aeeting of May 24, 1988, the house was found to be in an
inappropriate location for a construction field office, which resulted
in cont.1nuing the petition for a period of six months to allow for
relocatIon.
He noted that Staff has no objection to the request sub-
ject to the Petitioner agreeing to comply with all the stipulations
contaIned in the Agreement Sheet.
He indicated that the Planning
Co..ission held their public hearing on November 3, 1988 and recom-
aended approval subject to stipulations; no one spoke for or against
the petItion and correspondence has not been rece.1ved.
Be noted that
Stipulation "c" of the Agreement Sheet requires the PetItioner to
install a fire hydrant on site or install a sprinkler systea in t~e
trailer.
In response to Commissioner Hasse, Mr. Scheff advised that the
Fire Department has requested a fire hydrant and a sprinkler system be
installed in order to protect the surrounding property and the
trailer.
Commissioner Saunders asked if F.D.O.T. agrees with the
aforementioned stipulation?
Mr. Schetf responded that the F.D.O.T.
Page lð
3S
NOVEMBER 22, 1988
does not agree with the stipulation and they have not signed the
Agreeaent Sheet due to that tact.
Mr. Carner, resident engineer for the Dep~rtment of
Transportation, advised that he had met with the Fire Chief and was
advised that a fire hydrant had to be installed.
He indicated that
F.D.O.T. does not have the provisions to install a fire hydrant, and
since the office is a temporary location, they cannot comply w.1th this
request.
He adv.1sed CoDUllissioner \olpe that F.D.O.T. would be at the
location for a period of two years.
He requested that the Board
waive Stipulation "c".
Responding to Commissioner Goodnight, Mr. Carner advised that the
trailer was previously used for storage purposes.
He confirmed for
Co..issioner Shanahan that the objection to the installation of the
tire hydrant and the sprinkler aystem 1s due to econom.1c reasons.
County Attorney Cuyler advised that it is not a requirement to
install the aforementioned, but a recommendation from the Fire
Departaent to ensure fire safety for the trailer.
He noted that the
Board is not compelled to impose the requirement suggested by the Fire
Department.
Co88d..ionar Baa.. aaved to approve PetItIon PO-88-lie with the
8'tip:LlaUona that r.D.O.T. look into 8088 -tbod of cO1Iplying wIth the
tJ re code.
Commissioner Saunders stated that F.D.O.T. is in compliance wIth
the fire code.
Commissioner Shanahan clarified the above motion by indicating
that the program should go ahead as suggested with the stipulation
that F.D.O.T. try to get the tunding to install a fire hydrant and a
spr.1nkler system.
Mr. Carner advised that as per the Board's previous direction,
P.D.O.T. would have to vacate the trailer effective November 22, 1988,
however, preparations will be undertaken to vacate the tra.1ler as soon
a
I;>Osslble.
He noted that as per the Zoning Department he could not
proceed with obtaining permits until the outcome of the present
Page 16
-;.,
NOVEMBER 22, 1988
hearing.
County Manager Dorrill indicated that the Fire Chief probably
desires to have a tire hydrant in the vicinity, and Staft will work
with hi. to discover the merits of a hydrant in the area.
c-t..ioner Sba.nal.an aoved, _conded by Co_ls.loner Goodnight
and carried unaniDoualy, that ResolutIon 88-300, re PetItIon
PO-88-19C, be adopted subject to the CCPC'. reco--ndatlon, deletIng
Stipa.lation "c".
Page 11
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~\
NOVEMBER 22, 1988
Itga n82
PftZTIO. .0. PO-Ie-1C, CARSOM L. CAR.lIŒR, RltPRESDTIJfG '1'BB DEPAR'l'hbl'
O~ TaA8SPORTATIOK, REQUESTING PROVISIOMAL USE "B" OF 8.10 ESSDTIAL
SDVIC8S roR A OOVERJfME1(TAL FACILITY - COMTIJroED FOR TWO MOJITHS
The subject item is a companion to Petition PU-88-19C, Item 7Bl,
which was previously heard, and 1s for property located and bordered
to the east by 64th Street, S.W.; to the west by 1-75, is approxima-
tely 3/4 aile north of Golden Gate Parkway and contains 1.O98~ acres
in Section 30, Township 49 S~uth, Range 2ß Rast.
~.sloner Baa.. aoved that PetitIon PO-88-19C be contInued tor
two 8ODth8, for the purpo.. of gIvIng r.D.O.T. the opportunIty to 8OV8
out.
Mr. Thoaas Aquino advised that at the CCPC meeting the petition
was denied to have a governmental facility in a residential neigh-
borhood.
He stated that P.D.D.T. was to establish a new locatIon for
their field office.
He stated that the facility is not in compliance
with the Zon.1ng Ordinance, and the petition should not be continued.
Be suggested that the facility move to their existing F.D.O.T office
on Davis Boulevard or r~nt a temporary ottice, until they obtain a new
8ite.
Co..i8sioner Hass. advised that the aforementioned motion stipula-
tea F.D.O.T.'s continuance at the facility tor a period of two months,
at which time they have to vacate the premises.
In response to Commissioner Shanahan, Mr. Carner advised that he
would expedite the vacation ot the facilities, and acquire all
building permits necessary.
c-i..ionar Volpe seconded the afor888l1tioned aotion which
carr i ed 1IAIII1180U81 Y .
In response to Commissioner Volpe, Mr. Carner advised that when
the property is vacated the land will be put up for sale, and the
rIght-of-way will become part of 1-75.
I~ IfU
RWWTrwy O'ST88Jf RKPRUDTIJfO LAJrDCOM. I.C. RltQtJBSTIJfO P.D.D. UZOWI.O
DP8DInO. - APPROVED
M8. Shelley O'Steen representing Landcom, Inc., advised that they
have been active in providing affordable housing tor Immokalee tor the
Page 18
,
~3
NOVEMBER 22, 1988
past .even years.
She stated that the request is for P.D.D. rezonIng
for a coaplex named Garden Lake Apartments, wh.1ch consists of sixty-
.ix units for low to moderate income families.
She indicated that
an application for Farners Home Administration funding has been sub-
aitted and the reason for the request is to expedite the rezoning.
She stated that their application has been processed and there i. a
possibility that they will receive the funding.
She indicated that if
the rezoning takes the normal amount of ti.e, then the Federal funding
would not be obtained.
Co..issioner Goodnight advised that there are three other such
coaplexes in the ¡amokalee area, and requested that the Board instruct
Staff to fast-track the request in order to obtain the Federal Funds
needed .
Tape n
In response to Ccamissioner Shanahan, Ms. O'Steen advised that the
rents are computed acccrding to income, however, they are usually from
$210.00 - $240.00 a m~nth for a one - two bedroom unit.
Co_issioner Sa~nders suggested that Mr. Olliff work out a time
fraae with Ms. O'Steen in order to fast-track the rezoning process.
Co~issioner Goodnight suggested that the rezoning be heard sometime
in February, 1989 so that the petitioner can obtain the needed Federal
funding.
ec-J_Icmer ShaNlhan aoved, ..conded by Co_i.sloner Goodnight
and carrIed unaniaoualy that Staff fast-track the rezoning applIcation
proce88 for Garden Lake Apart_nts.
Co..issioner Volpe commented that the above motion is to fast-
track the application process, and is not a pre-approval of the
rezoning.
In response to Ms. O'Steen, Commissioner Saunders advised that the
rezoning process will be subject to the new Comprehensive Plan.
Upon call for the question, the action carried unanl8DU8ly.
¡"- ..B
;. - .JLIC ITfITIO. BY WILLIAM EEMJfITZER RKPRKSE1fTIKO WILLOUOHBY ACRES
.~A.PI.O USB or EUCLID AVEKOB BY COMMERCIAL VEHICLES
Page 19
yti
NOVEMBER 22, 1988
Mr. :Jack Pointer, speaking in place of Mr. Kemnitzer, accompanied
by a group of neighbors from the Willoughby Acres area, referred to
pictures, (not provided to Recording Secretary) which delineated the
location of Euclid Avenue.
He noted that the "grey" areas are the
cypress trees which have been cut, and to the left is Palm River
Estates, and Imperial Estates.
He indicated that to the lett ot Phase
V i. a residential area.
He stated that after many complaints by
W.1lloughby Acres' residents, the County red-tagged the Eucl.1d Avenue
area on September 26, 1988 due to the construction of a road through
private property.
He indicated that the developer was advised that he
could not continue to build because he did not have the proper
building permits, however, he continued construction of the road and
coapleted it on September 27, 1988.
He advised that the developer
requested an after-the-fact building permit.
He indicated that the
construction of the road will create flooding problems in the area.
He stated that the pictures provided show 5 ton trucks blocking dr.1-
veways which can endanger the lives of the school children in the
area.
He indicated that the community strongly opposes the heavy
trucks being in the area, and asked the Board to instruct the deve-
loprr to use an alternate route.
He recommended that a barrier be put
up at the end of Euclid Avenue to prevent further transportation.
He
indicated that the wooded area north of Euclid Avenue has been used as
. "duapIng" ground, and should be stopped.
He asked that the County
Ordinance pertaining to the aforementioned be enforced, as well as the
letter sent to the developer.
Co..issioner Volpe advised that he has not had the opportunity to
read Mr. Kemnitzer's correspondence thoroughly, but is aware of the
residents' concerns as he has received many calls in th.1s respect.
Coaaissioner Saunders asked Public Works Administrator Archibald
it his letter of November 8, 1988 has been violated?
Mr. Archibald
responded that his letter has been violated, however, the developer
hI
advised on a daily basis that heavy equipment w.111 be brought on
s..J.
He indicated that he does not have any concerns to the weight
Page 20
NOVEMBER 22, 1988
lieitations, but on the ti.e of day the trucks are in the area, which
18 when children are waiting tor their busses to be transported to
school.
He stated that the letter refers to Ordinances which already
control traffic.
He indicated that the restriction still applies
relative to hours of operation, blocking driveways, and to controlling
the voluae of traffic.
Mr. Ed White indicated that Willoughby Acres roads are beIng
deteriorated by the trucks used by the developer.
He stated that a
County letter indicates that it Livingston Road is not completed by
the ti.e Unit 5 is completed, then the developer can access Imperial
Golf Estates entrance for resident.1al traffic.
He stated that
LivIngston Road would be the alternate source for entrance to the sub-
division.
He indicated that every morning there are 162 children
waiting for buses and their lives are being ~!opardized by the truck
tratfic in the area.
He stated that the developer should use another
source for his construction trucks.
Mr. George ~eller, Collier County Civic Federation, indicated that
the developer has jeopardized the lives and weltare of Willoughby
Acres' residents, and indicated that the problem will be compounded if
the developer is allowed the continued use of Euclid Avenue.
He
suggested that legal action be taken immediately.
Mr. :Jack :Jenkins stated that on July 24, 1987 the Board had
instructed Mr. Sheehan, the developer, not to use the residential
developments in the area, but to utilize the Florida Power & Light
easeaent.
He concurred w.1th the aforementioned statement that action
be taken immediately.
Co-issloner Hasse stated that the previous Commission established
a aethod for the developer to arrive at his work site, and indicated
that he would vote to enforce the previously established method.
Responding to Commissioner Volpe, Mr. Archibald adv.1sed that the
conditions delineated in his October 3, 1988 letter have been
addre..ed, and reiterated that the developer contacts the County
01
Ice every morning to inform them on the number of truck loads In
Page 21
U(
NOVEMBER 22, 1988
the area.
He advised that 80me of their loads have been inspected to
ascertain that the 5 ton limitation has not been exc~erled.
Mr. Archibald advised Commissioner Shanahan that the developer
will install the necessary pipes to address the water flow concerns
expressed by residents.
He stated that South Florida Water Management
District will dictate the size of the pipes, and the County w.1ll
require sase to be installed.
Mr. Archibald contirmed tor Co~missioner Goodnight that access
through Willoughby Acres was not one of the optiooR during the
rezoning process.
He noted that at the time, access was to be by
Cypress Way, and there was no discussion of access of any extension
ot private easement through or beyond Willoughby Acres.
He advised
that an easement has not been obtained for a future road, and per-
8ission 8ight have to be obtained from FP&L.
Mr. Witt stated that the developer did not have the legal right to
use a private road for his construction trucks.
Mr. Jenkins stated that the 1987 agreement indicates that the
developer would be removing dirt oft-site, until Livingston Road was
constructed.
Co..is81oner Saunders commented that Mr. Archibald's letter of
Rove.ber 8 should be enforced, allowing only pick up trucks through
Willoughby Acres.
He stated that the developer will have the FP&L
access within six months.
Co..iss.1oner Volpe stated that there appears to be some serious
safety problems in the matter.
Mr. Archibald advised Commissioner
Volpe that currently the consulting firm is in the process ot doing
the right-of-way maps which will be completed in thirty to sixty days,
at which time the County can proceed to obtain the necessary rlght-of-
way.
He noted that the process should take at least six months due
fundIng con.trai~ts.
Co8ai.sioner Saunder. aoved that the letter of Rove8bar 8.1988
f ,. PublIc MarLa Adainistrator ArchIbald to Dan Conley be enforced.
tu4t the developer not run trucks in exces. of pick-up trucks through
Page 22
~~
.OVEMBEK 22.1988
.1lloaghby Acree SubdivIsIon an4 that Staff work wIth the developer In
tryiDg to expedJte the acqui8ition of rights-of-way for Llvlng.ton
JIo84 80 that the developer will have ace... along tho- e.....nt. -
quickly - pos.ible ar.d until than not have acce.s through the sub-
divlaion of this type of traffic.
Seconded by Co_lssloner B_ae.
Mr. Frank Baker, representing the developer, stated that there 18
- 20 trips a day from the project.
He stated that a guard was posted
on site by the petitioner and he has intormed him that people are
speeding in the area.
Referring to a diagram, he pointed to the
surrounding areas, and advised that Mr. L.1nk had done an env.1ronmental
report which relates to the drainage problems in the area.
He stated
that the agreeMent indicated that Mr. Archibald would be notified if
equipaent over 5 tons would be on site.
He stated that the fill
aaterial would probably be sold to the County for the construction of
Livingston Road.
He stated that there are no alternative accesses
available.
He advised that the development was never intended to be
put on "halt", but the main question was how to get to the site.
He
advined that satety measures have been impleMented, and the developer
is willing to comply and meet all the requirements.
In response to CoMmissioner Volpe, Mr. Baker advised that the
guard is presently stationed at the easement ro~d.
Þ'.r. ;:-j"ley requested that the Board send the pet it ion to Statf.
Mr. Cuyler advised that unless the Board requlres additional infor-
aation, the motion can be acted upon .If the Board determines that 8uf-
ficient Intormation has been presented.
Mr. Conley requested that
Staff and the developer be given an opportunity to further discuss the
..tter.
He stated that Mr. Archibald's letter does not indicate that
traffic BUst be limited to pick-up trucks;.he advised that a letter
froB the developer dated November 14, 198~ to Mr. Archibald addresses
all the concerns.
Co..issioner Saunders rephrased the aforementioned motion as
follows.
~..I0D8r Saand8r. aoved that truck traffIc be prohIbited
Page 23
~
LI~
ROVEMBKR 22, liee
thrøDgh WIlloughby Acre. and dIrected Staff to expedite the poaslble
acqul.itlon of s.....nts for LIvIngston Road for providing accesS to
t.be ðeYaloper' s property.
Seconded. by eo..ls.10ner Baa-.
In response to Commissioner Volpe, Mr. Conley advised that members
of the Association have not consented to meet with the developer to
discuss the issue.
He requested that prohibition through Willoughby
Acres be reconsidered, and the Ordinance adopted be enforced.
Co..issioner Hasse stated that Mr. Archibald's letter should be
enforced.
Mr. Cuyler stated that the above discussion has not in any way
changed the Ordinance, and the ord.1nance contains a provision that all
traffic under 5 tons May use Cypress Way.
Upon call for the question, the action carried unani80U8ly.
It.. fiAt
SDArI. M. SUCDZ, CASE MO. W88-3683, WEED ABATEJŒJrr APPEAL - DOlED
Code Enforcement Supervisor Clark provided the Board with photos
(not given to Recording Secretary) of property located in Naples Park,
Unit 4, Block 51, Lot 50.
He recommended that the petition be denied
a. the petitioner has not complied with the 15 day appeal requirement;
the weeds exceed the 18 inch requirement established in County
Ordinance 85-33.
He stated that the lot is a public nuisance, and
aay be a health and safety hazard to the public due to rodents,
aoequitoes, and rattlesnakes possibly intesting the site.
He stated
that the standards imposed on other vacant lots should be imposed on
Mr. Sanchez's lot.
In response to Commissioner Volpe, Mr. Olliff advised that the
property owner has requested that the "Notice of Nuisance Abatement"
be waived.
Mr. Clark adv.1sed Commissioner Shanahan that to his knowledge the
petitioner has not applied for a building permit, and the lot has been
unkept for a period of six months.
Mr. Sanchez stated that he is willing to comply with all County
r
~lations, but requested Board direction as to what exactly must be
Page 24
L\~
NOVEMBER 22, 1988
done a~ ~h. property.
He indicated that he had not received the
County's letter on time.
Co..i..loner Saunders advised that the lot must be cleared, and
the Ordinance BUst be complied with.
He advised Mr. Sanchez to meet
with Mr. Clark to further discuss the matter.
~_I0D8r 8}>anah... 8OVed, .econded by Co_l..loner Volpe and
carried ~80U8ly, that appeal of Case .0. W88-3583, Ruiaance
Abat--.ot, be denIed:
... Depaty Clerk Boffaan replaced Deputy Clerk Mendez at this tl.. ...
It- "81
COO'ItTBOOS8 COJrSnOCTIOX COJITRACT IX T1ΠAMOOKT OF $8,100,000 WITH
DArf \òO.~:u:aUCTIO. CO., IXC. APPROVED AE STAR TO PURSOJ: rmrDIMO
IC8CKUISICS AS OOTLIJrED BY COOJlTY MAJlAGER
Public Works Administrator Archibald stated that in July, 1986,
the County hired the firm of Winsor/Faricy Architects to undertake the
prograaaing and the design preparation of specifications and construc-
tion drawings tor courthouse construction. He noted that the fir.
de.igned needs for 1990, 2000, and 2010. He advised that the actual
courthouse that is to be constructed will include 14 courtrooasl
hearing rooms, provisions for 9 judges chambers, with a total of
15,000 s.f., consisting of three floors.
He indicated that the
construction contract, as a result of one single bid, is recommended
to be awarded to Kraft Construction Co., Inc., in the aaount of
$8,700,000.
He noted that the contract amount includes the construc-
tion of the new courthouse and the remodel.1ng of Building "A".
Mr. Archibald indicated that after assistance from the County
Attorney's Office, the Clerk's Office, and the Finance Director's
Office, Staft is recommending that this contract be approved, and the
Chalraan sign the construction contract baeed upon the funding being
secured two ways:
1.
Funds that are not reftdily available tor the total contract
construction, be secured through an appropriation from
Reserves to the 301 Capital Account.
2.
Establish a Letter or Line of Credit, to ensure financIng for
the forthcoming Health Building.
~.eioner S~nah.n 8OVed, .econded by Co_l..loner Volpe and
carried anani80U81y, that the Courthouae Construction Contract with
Page 2&
C""T'\
NOVEMBER 22, 1988
Kraft: CoD8truction Co., Inc. be approved in the 8IIOunt of $8,700,000,
aDd Staff directed to puraua fundIng ..chani... as indicated In It...
1 aDd 2 of County Manager Dorrill's se8O to the Board of County
Cosa1eslonars dated "oveaber 21, 1988.
, .
Page 28
, .----.
51
NOVEMBER 22, 1988
1"- .,82
axc "'-1318, I.STALLATIOM OW UWDKRGROUKD CASIMGS, OOLDBX GATE
PARDI&Y, - AMARDItD TO 3 a R CABLE COKSTROCTIOM, IKC. IK 'J.'HII: AMOOJn' or
8130,5&0 -
Legal notice having been published in the Naples Daily News on
September 26, 1988, as evidenced by Aftidavit of Publ.1cation tiled
with the Clerk, bids were received until 2:30 P.M. on October 7, 1988,
to consider Bid #88-1318 - Installation of Underground Casings, Golden
Gate Parkway.
PublIc Works Ad.inistrator Archibald stated that Invitations to
BId were sent to sIx tirms.
He advised that one proposal was received
fros:J & R Cable Construction, Inc., noting that they have provided
this type of work for the County on Marco Island.
Mr. Archibald indicated that an analysis by the Engineer.1ng
Departaent finds the pricing subm.1tted by J « R Cable Construction to
be competitive, however, he noted that alternate bids were requested
to deter.ine the 80st cost effective method to perform the proposed
construction:
Alternate Bid No.1 -
Open cut method in the amount of
$155,798.50
Alternate Bid No.2 -
Jack and Bore method in the amount ot
$130,450.00
Mr. Archibald advised that Alternate Bid No.2 is the cheapest
..thod of construction, and it also affects traffic flow the least.
ec-J.slcmar 11&8.. aoved, seconðed by Coaaissioner Shanahan and
carried anani80u8ly, that Alternate Bid Ko. 2 be awarded to 3 a R
Cable Conatructlon, Inc. 1n the aaount of 8130,450, and that Staff be
aathor 1 zed to prepare the neces_ry budget ...nd.aent, tranaferr 1ng
tanda to the approprIate category for thl. oblIgatIon.
Iba fin
DAII8W'D O. J'OJrDS I. 'J.'HII: AMOOJn' OW 1.5 MILLIOK DOLLARS I'ROM '1'JI8 SOLID
IU.8T8 D8P.l.JtDd.x R8SDVES TO .APLU LAJmrILL OROAlfIZATIO. J'OR CAPITAL
ØlPlWw_1.6 - AI'PROVKJ)
Public Works Adainistracor Archibald stated that this request .Is
beIng ..de to authorize a budget amendment, whereby funds will be
81
Jd fro. a reserve account to an operating account in the amount of
Page 27
10\
NOVEMBER 22, 1988
1.5 s111ion dollars, for the Phase II con.tructlon of Cell #6 at the
Ifaples Landfill.
He noted that this is a part of the expansion to
continue landfill and to dispose ot solid waste in Collier County.
~t..l0D8r Bas.. aoved, ..conded by Co..i.slonar Sh.nahaft and
carrJa4 ananJ8:n1.81y, to approve a budget 888nð8ent in the 8.IIOW1t of
1.6 edllion dollars, transterring funds troa the Solid Waste
Departa8Dt....rvea tor Capital Projects to .aples LandfIll
Organization tor Capital Içrove_nts.
It.. ~1
DECtJ'fiOW or COMMInŒJIT 01' CASB COJITRIBtrrIOR FOR TRI-COU1lTY SUtOR
SDVI cas Dr THE .AMOUJI'T 0 F . 1 7 , 7 5 2 - APPROVED
Public Services Administrator O'Donnell advised that the Board of
COUnty Coaaissioners approved the contract with Tri-County Senior
Services on October 4, 1988.
He stated that request is be.1ng Bade for
the execution of the Comaitment of Cash Contribution document wh.1ch
the Tri-County Senior Services must submit in conjunction with its
1989 Grant to the Area Agency to receive its full funded allocation.
Be noted that these funds provide for transportation, congregate Meal
service and hose seal delivery service.
He indicated that the funds
will be disbursed in quarterly payments of $4,438, beginning on
:Jan~ry 30, 1989, and completed by December 1, 1989.
cc-.1_1ouar GoodnIght aoved, eeconded by Coaa1..ionar 11&8.. and
carried vlM'ftt~ly, that the Co..lt.ent of Cash doCU88nt for
rrJ-ccnmty Senior Service. In the 8.IIOW1t of $17,752 be executed by the
Cba1r.-n of the Board of County Coaai.slonar..
Page 28
\a~
NOVEMBER 22, 1988
'tape n
It.. nr1
DISCOSSIO. HE KEN COMMISSIOR ORI~NTATIOM AXD NORXSBOP SCHEDULE-
DItCDl:8D 6 AXD 13, 1983, FOLLOWIMG THE REGULAR BCC MEETIRG, ESTAB-
LISHED AS WORKSHOP DATES
County Manag~r Dorrill stated that Staff sees the need for:
1.
A general overview and orientation of County facilities under
the control of the Board of County Commissioners, with site
visits of those facilities to see the actual work taking
place.
2.
Presentation of current issues as they relate to department
activities relating to items of concern for the coming year,
which will enable the Board of County Commissioners to set
goals and objectives regarding those issues.
Mr. Dorrill advised that the only other item of concern is taxes,
as they relate to the upcoming budget policy, which will require Board
direction, prior to adoption ot that policy.
Mr. Dorrill questioned whether there is an interest for the two
orientation/workshop meetings to be held in the afternoons on December
6, and 13, 1988, immediately following the regular BCC meeting?
He
stated that members of the public and the media will be encouraged to
attend these workshops.
Co..issioner Saunders stated that he does not believe that there
i.. need to hold budget workshops, at this point in time, adding that
the Budget Policy could be adopted during a regular Board meeting.
It was the consensus of the Board that December 6, 1988. imme-
diately following the regular Board meeting be set for the overview
and offsite visits of the major facilities; and December 13, 1988,
i..ediately following the regular Board meeting be set for the presen-
tat ion of the current event issues of concern relating to the upcoming
year.
It.. nr2
R880LOTIOR 88-302, AUTHORIZING FRED FOX INCORPORATED TO SUBMIT COLLIER
COO8TY'S COIOroMITY DEVELOPMENT BLOC~ GRART APPLICATION 1M THE AMOORT
or 86&0,000 FOR SITE DEVELOPMENT WORX AT COLLIER VILLAGE 1M IMMOEALEE
- ADOPTED
County Manager Dorrill indicated that the request for the adoption
of
die resolution will enable Staff, in conjunction with Fred Fox,
Incorporated. to t.1le the County's Community Development Block Grant
Page 29
NOVEMBER 22, 1988
application tor $650,000 tor site development work 1n I..okalee at
Collier Village.
~i-l0D8r Goodnight aoved, seconded by Co_i..ioner 1Ia8.. and
carr~ ~t8ØQ8ly, that ReaolutloD 88-302 be adopted.
Page 30
I " ,..
NOVEMBER 22, 1988
It- .1OA
JUCSOLOTIOW 88-303, CDCELIKO TIlE ACCRUAL OF AD VALOREM TAXES t1PO.
'RACTS II, . AJII) 0 or Lny ~ BEACH Pt1D LOCA'l'BD WI'l'BU A POK'l'IOK
or S8C'1'IO.S &,6,7 AND 8, TOWNSBIP 48 SOOTH, RANGE 2& EAST, WHICH
WD8 OIQIED BY LELY DEVE.'LOPMEJI'l' CORPORATIOM - ADOPTED
County Attorney Cuyler stated that it is recommended that: 1) the
Board accept the Warranty Deed for Tracts M, Hand 0 ot Lely Barefoot
Beach PUD, and that the Clerk record the Deed; and, 2) that the sub-
ject resolution be adopted. thereby canceling the taxes as of November
15, 1988 on Tracts M, N and 0 ot Lely Barefoot Beach ~UD.
C-t..loner Shan_!»..n 8OVed, ..coDded by Co_1..10Der B-.e and
cerr1ed ttnaftt8nU8ly, to accept the recO8llet1datlon of County Attorney
CUyler. aDd adopt Re8olutlon 88-303.
Page 31
\ ,'""'¡
NOVEMBER 22, 1988
It- .10B
K8S0LUTI0JI 88-30.. AOTHORIZI80 Tn ACQtJISITIO8 or LARDS BY OIrr.
PtmCB&S8 0It CU.DDOIATIOW, nCESSARY FOR Tn FOUR-LAJlI80 or STAn ROAD
951 I'RCII u.s. U 1'0 Tn MARCO RIVER BRIDGE - ADOPTED
County Attorney Cu~'ler ^dvised th3t this 1s the standard resolu-
tion that the Board considers and approves when it wishes to acquire
by gift, purchase or condemnation, lands necessary for public pur-
poses, noting that in this case, it is necessary tor the four-Ianing
of S.R. 951.
He noted that in order for the Board to acquire a speci-
fic portion of a parcel necessary for the four-Ianing, and then pay
business daaages, it is more expensive than the acquisition of an
entire parcel.
He indicated that the Florida Statutes allow the
County, through its eminent domain powers, to acquire an entire par-
eel. if it is less expensive than acquiring a portion of a parcel, and
then paying business damages to the business.
He stated that he i.
recoaaending that the subject resolution, which 18 adopted pursuant to
Chapters 73 and 74 of Florida Statutes be enacted, and the purpose is
that this coaplaint is be.1ng tiled for the taking of an entire parcel,
not for a partial take, based on the Case ot D.O.T. vs. Fortune
Federal Savings and Loan.
County Attorney Cuyler stated that the appraisal which was
received indicated that there will be a large amount of business dama-
gee if only a portion of the parcel is acquired.
In answer to Co..issioner Volpe, County Attorney Cuyler stated
that the County will not be obligated to pay bu8ine~s damages to the
property owner, if a full take of the property is acquired.
County Attorney Cuyler stated that the Eminent Domain Counsel has
reviewed this situation, and the appraisal is in his hands.
ec-.J_i0D8r S~ft_h.ft aoved, eecoaded by Co_i..ioner GoodnIght.
to adopt aeeolution 88-30., authorizIng the acquisition of the entire
parcel .
Co..issioner Volpe stated that he does not feel that sufficIent
intoraatlon has been provided which would enable him to cast a vote in
aU iraaUve.
He noted that it would be helpful to know the com-
Page 32
\~l
NOVEMBER 22, 1988
pari.ons that County Attorney cuyler alluded to, and he also
questioned what will happen to the properties that are acquired by
mitigation, i.e., will the County be able to use those properties, or
will the County be able to sell them?
County Attorney Cuyler replied that the remaining property could
be sold if it did not conflict with the roadway.
Mr. cuyler stated that he generally does not put the Board in a
rush position, ,,~ding that the reason this item is being presented
today, is that the County is attempting to file eminent domain cases
In order to acquire the S.R. 951 right-of-way properties by the end
of December.
He advised that this parcel of property had previously
been included in resolutions to take only the portion necessary for
the roadway, but when the appraisal came back, it was decided to pre-
sent this item to the Board, in an attempt to save money.
Co..issioner Hasse stated that he feels that he needs additional
information.
Co..issioner Volpe questioned whether the approval or disapproval
of the subject resolution will delay the process?
County Attorney
cuyler replied atfirmatively, noting that a separate complaint will
have to be filed.
0p0D call for the questIon to adopt Re.olution 88-304, th.aotion
carried 4/1 (Co..i..ioner Volpe oppo.ed).
Page 33
la~
NOVEMBER 22, 1988
It- _11Al
BOUUA. ~Uft&..S 89-26/26 AND 89-28/29 - ADOPTED
Co8aiesioner Goodnight moved, .econded by Co_is.loner Ha..e and
carrIed unani80usly, that Budget Aaendaents 89-25/26 and 89-28/29 be
adopted.
It.. .12.\
ft8QOKST roR RBCOKSIDERATIO. OP PETITIOR V-88-3 AND PU-88-ðC - RO
ACTIO1I
County Manager Dorrill stated that a request was submitted by the
Petitioner to determine whether the Board is willing to reconsider
Petition V-88-3 and Petition PU-88-ðC, originally heard and denied on
October 25, 1988.
County Attorney Cuyler advised that the request as submitted by
the Petitioner meets with the Reconsideration Ordinance, and the
Board..y consider whether the Petition should be reconsidered.
Hr. Richard W. Clark, Jr., representing the Petitioner, Bernard
:Johnson, stated that he does not believe that the request tor the
Provisional Use for the marina and restaurant on subject property was
presented properly at the last meeting.
Co..issioner Hasse questioned whether Mr. Clark was represented
at the meeting when this petition was heard?
Mr. Clark indicated that he was represented for a portion of the
meeting.
Commissioner Saunders stated that the representatives who were in
attendance at the time Petition V-88-3 was presented, left the meeting
when that Petition was denied, noting that there was no representation
at the time the Provisional Use was presented.
Mrs. Emily Maggio stated that she spoke against the variance and
the provisional use petition on October 25, 1988, and she questions
why this request is being made, since the variance did not meet County
criteria?
Page 34
Commissioner Goodnight questioned whether she could make a motion
to
~hear this petition, since she originally voted for it?
"
NOVEMBER 22, 1988
County Attorney Cuyler left the meeting to research the ordinance.
Upon his return to the meeting, County Attorney cuyler advised that
the ordinance provides that any member of the Board who voted with the
aajority, or against the original petition, may move for recon-
8ideration.
He indicated that Commissioner Goodnight cannot make the
aotion to rehear this Petition.
Attorney John Mac'Kie II~, stated that he is requesting on behalf
of the Petitioner, that the Board judge this project on its merits.
There was no action taken on this item.
It:- .12C
CO8IMISSIO1ID OOOD1l1GBT REOtJESTIWO FAC TRIP TO SAX DIEGO - APPROVED
Co..issioner Goodnight stated that she has been asked by Joan
~an, Legislative Coordinator with the State Association to represent
the State of Florida at a meeting on Human Services and Employment, to
be held in San Diego on December 11. 1988.
She advised that the
workshop that she is to be participating in is "Florida Counties
Re.ponse to Aids".
Mrs. Goodnight indicated that out of the 39 Aids victims in
Collier County, 33 are from her District.
Co..issioner Hasse questioned what the Collier County Health
Departaent is doing in regard to this?
County Manager Dorrill stated that the Health Department has a
local Aids Task Force, and Aids educational programs are being con-
ducted at satellite facilities in Naples and also in Immokalee.
ec-.t.sionar Sbanaban aoveð, _conc1ed by co_issioner GoodnIght,
to authorize the roundtr.1p airfare in the aaount of 8390 to the
rlorlda AssociatIon of CountIes aeeting in San Diego.
Co..issloner Saunders stated that he understands the importance to
be well informed of the Aids problem, but does not understand how the
level of knowledge will be enhanced by attending the San Diego confer-
ence.
He noted that he has no problem with travel to the National
mventions or State Conventions, but noted that he does have a
problea with this request tor travel since the County is trying to
Page 35
I~~
NOVEMBER 22, 1988
reduce spending.
Co..issioner Goodnight stated that the Vice Chairman ot the State
Association was to attend this conference. but he is unable to do so.
She added that she is the alternate, and has been asked to represent
the State ot Florida.
Ad8inistrative Assistant to the Board Israelson advised that
$14,000 i8 budgeted for out ot Cou:aty travel.
She indicated that the
policy the Board discussed previously was that the Commissioners would
be encouraged to attend the Florida Association ot Counties meetings
within the State, but it aeetings were to t&ke place outside of the
State, they would come before the Board for approval.
UpoD call for the que.tion, the action carried 3/2 (CoaaJ..loner8
..... aDd """,",1.A.... oppo8ed).
..... ec-i_ioner Goodnight 1IOVed, ..conded by CoaaJ..loner Ba88e
aDd carried unani80U81y, that the followIng it... under the
Con.8ent Agenda be approved and/or adopted: .....
I~ .IUl
AOTBOaIZA1'I08 raR CHAIRM.\.K TO EXECtrrE BUD VOUCBER rOR PAYMEJrl' or
UJnJAL COJrnIBO'1'IO.S ~ OPERAURO S1'A'fEME1I'f raR THE SEC'fIOR 8:
UIS'fDfG CD'fIrICA'fE, VOUCHER, AXD MODERA'l'E REHABILI1'A1'IOR BOUSIRO
ASS I ST AJICK PROGRAMS
See pages':;/- A.. /-/1. ~~
It- .1.81
~KDla.llx B8'fWED BeC AXD DEWEY R. GARGIULO paR USE OF PROPERTY raa
ADDrrIO8AL PUBLIC AKD C08STRUC'fIOR PARXIRO FROM 11/1/88 'fBRO ./30/89
See Pages ,;; ?- /3, /~ 3 --
It- .1.B2
8m "'-1320 AllARDKD 1'0 RB LAIfJ( SERVICES, IRC. IR THE AMOOJIT or
813.'20 rea M8DLUI 'I'REE TRIMMIRO 08 MARCO ISLARD
Legal notice having been published in the Naples Daily News on
October 24, 1988 as evidenced by Affidavit of Publication filed with
the Clerk, bids were received until 2:30 P.M. on November 9, 1988, for
BId .88-1325. Median Tree Trimming (Sabal Palms) on Marco Island.
I~ .1.Dl
~ZA1'IO. 1'0 1U.1:..-,u PURCHASE OI'J'ERS raa EASEMEJr1'S roa wEAS1' AJID
8OOT1I IIAPLU SUI1'ARY SEIfER SYSTEMw PROn:C'f RO1' 1'0 EXCEED 8800.000
It "'\ .1.D2
See Pages
.:3 f- Œ. /.. (1. 3J"
JoG. -rr WI'fB BOLE, MOJrl'ES A1fD ASSOCIA'l'ES, IMC. FOR PROrESSIO.AL
&8U1....~.O raa VAKDERBIL1' DRIVE/SORI1'A BEACB ROAD WA'fER~.
XMPauY~IS ROT 1'0 EXCEED 897,&00
Page 38
NOVEMBER 22, 198B
It.. .UBi
",..It:u..~CATU or CORRECTIOJl TO THE TAX ROLLS AS PRESDTKD BY THE
PJtOrAArY APPRAISER I S OJ'l'ICE
1979
No.
694
Dated 11/05/B8
"0.
No.
No.
2&-27
39-83
108
1988
Dated 11/04 - 11/05/88
Dated 11/04 - 11/14/88
Dated 11/07/88
TANGIBLE PERSONAL PROPERTY
1~88
No.
29-50
Dated 11/08- 11/18/88
It.. .14B2
azraA ~ TIME roK IØMATE IIOS. &4178, &4286, &5890, 3&702,424&8,
39097. 41i~5, 27840
It.. .UB3
8AnøACTIO. or LID roR SERVICES or THE PUBLIC DEJ"E1fDER
See Pages .;i j1. D. /- À / L
It.. .UB
lfiSC'8LLABEOOS COJUlESPOJroEIICE - PILED AND/OR REJrERRED
There being no objection, the Chair directed that the following
correspondence be filed and/or reterred to the various departments as
incUcated below:
1.
Circuit Court ot the 20th Judicial Circuit in and tor Collier
County, Florida - Collier County, Florida, Plaintiff, vs.
TEXLAND PROPERTIES CORP., et al. D~f~nd~nts R~quest to
Produce and Answer and Request for Hedrlng as to Parcels 120
and 131. Referred to Ken Cuyler and filed.
2.
Notice of Proposed Rulemaking, dated 11/03/88, from Florida
Department of Environmental Regulation. Docket No. 88-46R.
Reterred to Bill Lorenz, Tom Crandall, George Archibald, and
t lled.
3.
Letter dated 11/07/88 from Trudie Bell, Environmental
Specialist, Wetland Resource Management, DER, to Chairman,
BCC, enclosing standard form application (File No.
111567389). Referred to Neil Dorrill, George Archibald,
Tom Olliff, and tiled.
4.
Letter dated 11/02/88 trom Robert L. Johnson, Director, Child
Support Enforcement, Department of Health and Rehabilitative
Services, to Chairperson, BCC, attaching State of Florida
warrant totaling $120 representing incentive payments tor the
third quarter In federal fiscal y~ar 1988 (4/01/88 through
6/30/88) on child support collections processed on behalf of
Title IV-D AFDC and Non-AFDC families. Check sent to :Joe
Warren, and filed.
5.
Letter dated 10/27/88 from DNR to Chairmen ot Coastal County
Co..issions, Mayors of Coø8ta] Municipalities tro. Hey C.
Page 37
'~4-
NOVEMBER 22, 1988
Landrus, Director, Division of Recreation and Parks, re
Noainations for Beach Access Initiative. Referred to Neil
Dorrill, Kevin 0' Donnell, and filed.
6.
Memo from David :J. Buchanan, Planner Supervisor, Bureau of
Planning and Design, DNR, to All Interested Parties re
Meeting of th~ Land Acquisition Selection Committee.
Referred to Neil Dorrill and filed.
7.
Minutes Received and Filed:
A.
Collier County Plan~ing Commission minutes of 10/20/88
and agenda for 11/17/88.
8.
Copy of letter dated 11/04/88 from Sheriff Elect Don Hunter
to Glen W. Mayne, Directol', Division of Communication,
Statewide 911 System, re Enhanced Emergency System, Collier
County, Florida. Filed.
9.
Letter dated 11/08/S8 to BCC, Permitt~e, from William C.
Brannen, Jr., ABnSstant Execut ive Dlrt!ctor, SFWMD, re Water
Use Permit .S7-020-W. Referred to Neil Dorrill, George
Archibald, John Boldt, and tiled.
10.
Letter dated 11/08/88 to BCC, Permittee, from William C.
Brannen, Jr., Assistant Executive Director, SFWMD, re Water
Use Permit .11-00332-W. Referred to Neil Dorrill, George
Archibald, John Boldt, and filed.
11.
Meao dated 11/10/8S to Nancy Israelson from Mary W. Morgan,
Supervisor of Elections, re General Election Canvass. Filed.
...
There being no further business for the Good of the County, the
aeetlng was adjourned by Order of the Chair - Time:
12:45 P.M.
BOARD OF COUNrl COMMISSIONERS/
BOARD OF ZONING APPEALS/EX OFFICIO
GOVERNING BOARD(S) OF SPECIAL
DISTRICTS UNDER ITS CONTROL
~I
~.e.. CHAIRMAN
A~ST : . . I
:JAMES C. GILES, C~ERK
<" ,
C.
approved by the Board on ~~~~¿r
- presented'
L---
or as corrected
-,-----
Page 38
-.-....-------
135