BCC Minutes 06/14/1988 R
Naples, Florida, June 14, 1988
LET IT BE REMEMBERED, that the Board of County C?mmis~ioners 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, 88t on this d~te at 9:00 A.M. in REGULAR BESSIO. in Building
-F- of the Government Complex, East Naples, Florida, with the
following ~rs present:
CHA I RMAN :
Arnold Lee Glass
VICE-CHAIRMAN:
Burt L. Saunders
John A. pistor
Max A. Hasse, Jr.
Anne Goodnight
ALSO PR ES ENT :
Nell Dorrill, County Manager: Ron McLemore,
Assistant County Manager; Tom Olliff, Acting Community Development
Ad8ínístrator; Ken Cuyler, County Attorney; Tom Crandall, Utilitias
Adainistrator; George Archibald, Public Works Administrator; Kevin
O'Donnell, Public Services Administrator; Barbara Cacchione, Acting.
p)anning/Zoning Director: David weeks, planner: virginia Magri, Deputy
Clerk, Supervisor of Board Minutes and Records: Ellie Hoffman and
Maureen Kenyon, Deputy Clerks: Nancy Israelson Administrative
Assistant to the Board: and Deputy Chief Ray Barnett, Sheriff's
DepartJ8ent.
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JUNE 14, 1988
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AGEJIDA AIID COII8ZJ1"r AGE_KDA - APPROVED WITH CHAltGEB
CO88i..iODer Goodnigbt aoved, .econded by commi..ioner Pi.tor and
carried VD.pt~ly, tbat tbe agenda and con.ent agenda be approved
with the following change.:
Itell 1901
Ite8 I9AI
Itell 1l2C
Itell 1l4B8
Itell 1l4Fl
I tell 114Al
Itell 112E
Itet18 19DI
and 19Y1
Marco Water and Sewer District Special Assessment
Bonds Resolution - Added.
Discussion/recoß1Ø,endatior. r;oncerning Shell Western
Seismic Testing Permit - ~dded.
Emergency Ordinance cre~tlng the Marco Island
Beachfront Renourlshment Facilities Municipal
Service Taxing Unit - Moved to Item '6C9.
Recommendativn to approve the final plat of Audubon
Country Club, Unit 1 for Recording - Move to Item
19B3.
Change Title To Read:
Recommendation to approve the waiver of Bond req-
uirement necessary for the use of County property
by the Golden Gate Business Association for their,
annual "Frontier Days Celebration- (October 14-16,
1988) .
Recommendation that the Collier County Board of
County Commissioners approve an addendum to a
contract for a study of commercial land use - Move
to Item f9A2.
Resolution calling for referendum re annexing
Vineyards into the North Naples Fire Control
District - Added.
Note:
A.M.
To be heard between ll:OO A.M. and 11:30
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JUNE 14, 198e
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t:KPLO"ßZ SDVICB A1fAJU)S - PRJ.SElft'ED
Chair.an Glass presented Employee Servic~ Awards to the following
e1Ip 1 oy ees :
Willie. Macrides, Building Mainte~ancc
Michael Gentile, Traffic Operations
Susan Lee, Library
Brian Sansone, Utilities
Frank Tiapanaro, Building Code Co~pliance
It.. '5B
lO years
lO years
~ years
5 years
5 years
RETIJtDD'l' PLAQUE FOR ED RWBEUY PUSEJITED
C~issioner Glass congratulated Mr. Ed Newberry on his retirement
fro. County service, noting that he has been employed as an Engineer
with Secondary Roads and Public Works since November, 1980, and was
previously e8ployed with the State of Florida DOT for 20 years, com-
~nding him for a total of 30 years employment in the retirement
syste8, and wished him well.
It.. UBI
PB'l'I'l'IOX8O. a-87-44C - »ORTH TO" CEX'l'ER - WILSO., MILLEa, BARTON,
SOLL AIID PBEK, I.C. REPRESEJlTI.G ADRS PARTDRSBIP, azOUESTI.a UZONE
FROM A-2 'l'O C-4 FOR A SBOPPIKG CEWTER - COKTIRUED TO 8/23/88
It.. "82
ORDI8A8CZ 88-53, R-87-48C, WILSO., MILLER, BARTO., BOLL' PEEX, INC.,
UPUSBftI.G IIIVESTORS RESEARCH UD DEVZLOPMZJn' CORPORATIO. A1Q) nINER
BOIŒ8 COaPOIlATIO. OF FLORIDA, I.C. AGEJIT FOR JOB A PtJLLIXG, TRUSTEE,
AXD KXCBABL J. TIMERKAK, TRUSTEE, REQUESTIKG A REZORB FROM A-2 TO PUD
"soOTllAJltl'TO. AT NAPLES" - ADOPTED
Legal notice having been published in the Naples Daily News on May
13, 1988, as evidenced by Affidavit of Publication filed with the
.
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JUNE 14, 1988
Clerk, public hearing was opened tv consider Petition R-87-48C, filed
by Wilson, Miller, Barton, 5011 & Peek, Inc. requesting an amendment
to Ordinance 82-2, the Comprehensive Zoning R~gulations for the
Unincorporatea Area of Collier County, Florlda, by changing the zoning
classification of the herein described Real Property from A-2 to "PUD"
Planned Unit Development known as "Southampton at Naples" for 799
residential units, recreational, cons~rvation and water-management
related e1e8ents.
Acting Planning/Zoning Director Cðcchione advised that subject
property is located at the intersection of Airpcrt Road and Immokalee
Road, contains approximately 313 acres, and is proposed to be deve-
loped with 799 residential units, and an 18 hole golf course.
She
noted that the gross density is 2.5 units per acre, which is within
the range permitted in the Comprehensive Plan, an~ an existing creek-
ha88OCk area is incorporated as an open space-conservation type area.
She stated that the golf course and lakes throughout the site provide
buffer areas, adding that Staff has recommended additional landscape
buffering abutting South Winds Estates, Creen Tree PUD, the golf
course 88intenance area, a~d Victoria Park.
She indicated that
Transportation, Engineering, and Planning/Zoning Staffs had recommen-
dations relating to traffic impacts, which are noted in the Staff
Report, and include revisions to the Master Plan.
She advised that
petitioner agrees with all stipulati~ns contained in the 4greement.
, ,
She noted that Staff and all appropriate Coun~y agencies have no
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JUNE l4, 1988
objection to ð~proval of subject petition, adding that the CCPC is
rec~íng approval.
She noted that there was no public comment at
the CCPC's public hearing, however, 2 letters had been received; one
requesting additional information; and one with conc~rns regarding the
oak creek haa8OCk.
Mr. Alan Reynolds of Wilson, Miller, Barton, Sol! , Peek, Inc.
stated that subject property is proposed for a low density, residen-
tial develop.ent and an 18 hole championship golf course, noting that
a substantial amount of the project will have open space, with 54%
devoted to the creek-hammock system that will be preserved.
He
advised that land uses are divided into single family and multi-family
tracts, so that all land uses are similar to the abutting projects.
He stated that he is in agreement with all conditions and stipulations
as per the Staff Report and Agreement Sheet.
In answer to Commissioner Hasse, Utilities Administrator Crandall
advised that the water ~ains are sufficient, and the area is currently
served by the City of Naples.
Co88l.81oner Saunders .oveð, .econded by commi.sioner Goodnight
and carried unaniaously, tbat the public hearing be closed.
Co88lss10ner Goodnight aoved, seconded by commi..ioner pistor and
carried unaniaou8ly, that Petition R-87-48C be approved, subject to
cePC's reOO88endation and tbat tbe ordinance a. numbered and titled
below be adopted and entered into Ordinance Book .0. 311
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JUNE 14, 1988
ORDIJIAJICB 88-53
AN ORDINANCE AMENDING ORDINANCE 82-2, THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA
BY AKENOING THE ZONING ATLAS MAP NUMBER 48-25-7 BY CHANGING THE
~ING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM
A-2 TO -PUD- PLANNED UNIT DEVELOPMENT KNOWN AS "SOlITHAMPTON" AT
NAPLES- FOR 799 HESIDENTIAI. UNITS, RF.CHEATIONAL, CONSERVATION AND
WATER-MANACEMENT RELATED ELEMENTS FOR PROPERTY LOCATED IN THE
SOUTHWEST QUADRANT OF AIRPORT ROAD AND IMMOKALEE ROAD, IN SECTION
26, TOWNSHIP 48 SOUTH, RANGE 25 EAST, 3l3.5 ACRES: AND PROVIDING
AN EFFECTIVE DATE.
JUNE 14, 1988
It- ".3
ORDrKAICB 88-54, RE PDA-88-3C, ASBELL, BAINES, DOYLE' PICKWORTH,
RE~ ~Y W. STILES, TRUSTEE, REQUESTING AK!"Ok2Ø~ TO "STILES
CORPOD'l'IOII" PLAJflfED UJlIT DEVELOPXE!IT BY AHEHDING SECTIO. 4.01 J) (1) ,
0T1Œ1t COIOa'l'!Œ1fTS, TO ELIKIR"T1: CERTAIR LAHGUAGE RELATI.G TO THE
COKJŒJICZIŒJIT OF PROJECT DEVELOPXEHT - ADOPTED
Legal notice having been published in ttle Naples Daily News on May
13, 1988, as evidenced by Affldavit of Publication filed with the
Clerk, public hearing was opened to consider Petition PDA-88-3C,
requesting an amendment to Ordinance 86-58, relating to a PUD known as
The Stiles Corporation, to eliminate certain language relating to the
Co.8ence8ent of project development.
Planner Nadeau advised that Staff has reviewed subject request and
finds it to be in compliance with the Comprehensive Plan, based on the
analysis contained in 14 of th~ Staff Report.
He indicated that the
petitioner is requesting deletion of the commitment in Section
4.01.J)(1), which states that project developments shall commence
within three year8 from date of approval, adding that Staff has no
objection to this request, as it will not change the character or use
of the PUD, nor will it increase the density or intensity of use.
However, he noted, on August 26, 1986, when the Board approved the
rezoning to the PUD, this condition was placed on it'8 approval by
incorporating it into the motion.
He indicated that the CCPC is for-
warding subject ~tition with a recom~endation of approval (4/1), sub-
ject to amendment of the ?UD document t~ incorporate staff's
stipulations as contained in the Agreement Sheet.
He stated that
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JUNE 14, 1988
there was no public comment, and no correspondence has been received.
Mr. Nadeau stated that the petitioner's agent called attention to
Stipulation -F- of th~ Agreement Sheet, which stipulates that no septic
aystea shall be permitted on the parcel, however, the property is
designed for central water and sewer, and if in the event the County
does not extend the conveyance system up to Immokalee Road, they are
queøtioninc whether they would be permitted to put in a minor use
which wou1~ be appropriate for septic systems?
He ~oted that new
language for that stipulation is:
-Plans for uses which may be
appropriate for septic tanks, may be submitted for review and approval
by the Collier County Public Health Unit, and plans for usage which
require a package sewage treatment plant shall be approved by the
Departaent of Enviro~mental Regulations".
He advised that
Environaental Health has reviewed the proposed language, and have no
problea with it.
Coa8isaíoner Goodnight stated that she does not have a problem with
the PUD, but added when the developer came in, he agreed to the three
years, noting that if an extension of time is needed, this is
undérstandable, but her problem is the request to completely delete
it, is changing the origin~l intent of the PUD.
C088issioner Pistor n~t~d that his concern is much the same as
C088íssíoner Goodnight's, adding that he would like to see something
put into the Zoning Ordinance which would put a time limit on all
approved zoning, so that there is not a lot of land zoned for various
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uses, that is sitting around and not being used.
Attorney Oonald Pickworth, representing the petitioner, stated that
the new Coaprehensive Plan will bring this project into line with all
others, subject to review in 5 years, adding that he feels that the
project will be underway within that time period.
Co88issioner Saunders aoved, .econded by Co..i.sioner Pi.tor and
carried unaniaously that tbe public bearing Þe clo.ed.
Co8ai..ioner Saunders .oved, .econded by Commis.ioner Pi.tor and
carried unaniaou.ly, tbat the ordinance as numbered and titled Þelow
be a40pted and entered into ordinance Book .0. 31:
ORDIJrAJICB 88-54
AN ORDINANCE AMENDING ORDINANCE 86-58, RELATING TO A PUD KNOWN AS
THE STILES CORPORATION, SAID PUD BEING fOR 18.7 ACRES OF
INTERCHANGE COMMERCIAL uses (MOTEL, HOTEL, RESTAURANTS, ETC.), FOR
PROPERTY LOCATED ON THE SOUTH SIDE Of IMMOKALEE ROAD,
APPROXIMATELY 1/4 MILE WEST OF 1-75: IN SECTION 30, TOWNSHIP 48
SOUTH, RANGE 26 EAST; BY AMENDING SECTION 4.01 J)(l) THEREOF TO
ELIMINATE CERTAIN LANGUAGE RELATING TO THE COMMENCEMENT OF PROJECT
DEVELOPMENT AND BY PROVIDING AN EFFECTIVE DATE.
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JUNE 14, l~88
Xt- '.84
oaox~ 88-55, PETIT 10M PD~-87-9C, AMCHOR E.GIMZERIMG REPRESENTING
MOO1I LAD DEVELOPJŒII'1' CO. OF N~PLES, IMC., REOUESTIMG AM AXE1IDMEMT TO
ORDI~ 86-80, WHICH ESTABLISHED THE NAPLES LA~ PUD, BY CHAØGIKG
"1"1m IIAJœ 'l'O JIOOK LAD Pt1D AKD AMEJlDIMG SECTIONS RE SETBACK FOR POOLS,
ADOIWG YXLLAS AS A PERMITTED PRINCIP~L USE - ADOPTED
Legal notice having be~n published in the Naples Daily News on May
16, 1988, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened to consider a language amendment to
the Naples Lake PUD document addressing the setback for pools, adding
villas as a per~itted principal use, and changing the PUD name.
Planner Weeks advised that subject property contains 61+ acres and
is located on the north side of Davis Boulevard and east of the
Foxfire PUD, and is presently under development.
He stated that pro-
posed changes include the following:
Change the PUD name from Naples
Lake to Moon Lake; allow pools and screen enclosures to the open side
yard for the zero lot line units; establish a five foot side setback
for pools/enclosures in the open side yard: and, add villas as a prin-
cipal permitted use (ThIS is at Staff's request because what is pro-
posed is somewhat of a mÍ>:ture of the villa concept and zero lot line
concept).
'I' ape f2
Mr. Weeks advised that Staff and other appropriate County agencies
have reviewed subject petition, and have no objection to its approval.
He stated that the CCPC is forwarding petition, with a recommendation
of approval, notin9 that there was no public comment, end no
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JUNE 14, 1988
correspondence has been received.
Attorney ~rge Varnadoe, representing the petitioner, stated that
he is requesting an additional change to the PUD document which says
the front yards shall be set back 15' except for Lot 11, Moon Lake Unit
1, with a setback of 10' from Moon Lake Drive right-of-way; noting the
unusual position of this lot at the intersection of two streets.
He
indicated that this had just come to his attention, and therefore he
is asking that this one simple change be made.
eo..issioner Saunders questioned whether Mr. Varnadoe's request
co'J:d be considered at th is public hear ing?
County Attorney Cuyler advised that normally this request would go
through the CCPC, adding that it is not the correct procedure to con-
sider that request at this public hearing.
Co8ai.sioner Saunders aoved, seconded by Commissioner Bass. and
carried unaniaously, tbat tbe public bearing b. closed.
c088is.ioner Saunders aoved, seconded by Comaissioner Basse and
carri.d unaniaously, that the ordinance as numbered and titled below
be adopted and entered into ordinance Book No. 31:
ORDIJf1UfCE 88-55
AN ORDINANC~ AMENDING COLLIER COUNTY ORDINANCE NO. 86-80, WHICH
ESTABLISHED THE NAPLES LAKE PLANNED UNIT DEVELOPMENT, BY CHANGING
THE NAME OF -NAPLES LAKE PLANNED UNIT DEVf;LOPMENT" TO "MOON LAKE
PLANNED UNIT DEVELOPfoíENí"; AMENDING SECTION III.2., MAXIMUM
DWELLING UNITS, BY LIMITING DEVELOPM~NT OF RESIDENCES TO
DESIGNATED r~s; AMENOING 5~CTrO~ III.4.A., PRINCIPAL USES, BY
ADDING VILLAS'; AMENDING SECTION It I. 5. D., MINIMUM YARDS, BY ADDING
ADDITIONAL D~VELOPM~NT STANDARDS: ADDING S~CTION III.5.H.,
MAINTENANCE EASEMr-":NTS FOR ZERO Lar LINE LarS; AMENDING SECTION
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JUNE l4, 1988
IV.2., MAXIMUM DWELLING UNITS, BY LIMITING DEVELOPMENT OF
RESIDENCES TO DESIGNATED LOTS: AMENDING SECTION V.S.A, ENGINEERING,
BY SPECIFYING THE CURRENT NAME OF THE ADJACENT PUD; AND PROVIDING
AN EFFECTIVE DATE.
It.. "B5
OaD~ 11-5', RE PETITIO. R-87-36C, WILBOR, KILLER, BARTO., BOLL
AJI'D PZZK, IJIC. UPRBSEJrfIRG IlAPLZS IftERSTATE ASSOCIATES U ulan FOR
" CAaIßOII LADS " - ADO P'1'E D
Legal notice having been published in the Naples Daily News on May
25, 1988, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened to consider Petition R-87-36C/Naples
Interstate Associates, requesting an amendment to Ordinance 82-2, the
Cosprehensive Zoning Regulations for the Unincorporated Area of Collier
County, Florida from A-2 Agriculture and A-2 "ST" Agriculture-Special
Treat8ent to PUD known as "Carlton Lakes".
Planner Nadeau noted that subject petition is a request to rezone
fr08 A-2 and A-2 "ST" to PUD to be known as -Carlton Lakes-, for a
aaxiau. of 626 residential dwelling units and 7 acres of neighborhood
cO88ercial uses.
He advised that subject petition was previously
heard on April 26, 1988, ðnd was denied, adding that through a vote on
May 17, 1988, this petition is being brought before the Board today.
Mr. Nadeau stated that lands to the north are zoned A-2, A-2 "5T",
and PUD (Regency Village of Naples, permitting 155 single-family and
525 .ulti-family dwelling units, and 30 acres of commercial uses on
200 acres), land to the east is zoned PUD (Regency Village of Naples),
land to the south is zon~d ^-2 and PUD (Stiles Corporation), and land
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JUNE l4, 1988
to the ~6t is zoned RSF-3.
He indicated that subject request is in
coap1iance with the Comprehensive Plan, based on the analysis con-
tained in '4 of the Staff Report.
He advised that the only changes
that were aade to th~ PUD document are land use deletions, as stated
on Page 4 of the Executive Summary, and Stoff is recommending approval
of this petition, subject to CCPC's recommendation.
Co8aissioner Hasse questioned why this petition was denied the
last ti881
Mr. Nadeau stated that subject petition was denied in April
because of the neighborhood commercial uses at the southwestern por-
tion of the project.
CO88i.sioner Pistor aoved, seconded by Co..isaioner Goodnight and
carried unaniaou.ly, that tbe public bearing be closed.
CO88i.sioner Pistor aoved, seconded by Commissioner Saunders and
carried unaniaoualy, that the ordinance as numbered and titled below
be adopted and entered into Ordinance Book .0. 31:
ORDI.AlfCZ 88-56
AN ORDINANCE AMENDING ORDINANCE 82-2, THE COMPREHENSIVE ZONING
REGULATIONS f'OR THE UNINCORPORATED AREA Of COLLIER COUNTY,
n..oRIDA, BY AMENDING THE OffICIAL ZONING ATLAS MAP NUMBERS 48-26-4
AND 48-26-9 BY CHAN(;ING THE ZONING CLASSIfICATION OF THE HEREIN
DESCRIBED PROPERTY LOCATED ON THE NORTII SIDE Of CR-846, 1/4 MILE
WEST Of 1-75 IN Sf:c-rrl)N 19, TOWNSHIP 48 SOUTH, RANGE 26 EAST, f'ROM
A-2 AGRICULTURE AND A-2, "ST" AGRICULTURE-SPECIAL TREATMENT TO PUD
PLANNED UNIT DEVELOP,,"U:NT KNOWN A~ "CARLTON LAKES": AND BY
PROVIDING AN EfFECTIV£ DATE.
,
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JUNE l4, 1988
It- 16<:1
RESO~O. 89-138, RE PETITIO. AV-88-011, TOM M. BIGB REQUESTIKG
VACA'l'1O11 OF U'lILITT EASEMEII1'S OP THE PAVILIO. CLUB - ADOP'l'ED
Legal notice having b~en published in the Naples Daily News on May
29, 1988, as ~videnced by Affidavit of Publication filed with the
Clerk, public hearing was opened to consider vacation of a portion of
a utility easement of the Pavilion Club.
Public Works Administrator Archibald stated that the request for
vacation of the utility easement is in the Pavilion Lakes project,
which is iamediately north of the Pavilion Shopping Center.
He noted
that as part of that project, there were a series of 10' drainage
ease.ents and s~er easements, adding that the petitioner is
requesting that one of the sewer easements be vacated so that the
site can be developed and proper building location.
He indicated that
the developer has dedicated a replacement easement, and relocated all
of the sewer lines.
He advised that Staff has received the
appropr iate "Letters of No Objection", and therefore is recommending
that those easements as outlined in O.R. Book 1341, Page l63S of
Pub¡ic Records, be considered for approval in accordance with the pre-
pared resolution.
CO88i.sioner Basse Dove4, seconded by Commissioner Goodnight and
carried unanimously, tbat tbe public bearing be closed.
CO8aissioner Basse moved, seconded by Commissioner Saunders anð
carried unani.ously, that Resolution 88-138 re Petition AV-88-011,
vacation of the utility ea.e.ents, be adopted.
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JUJI:B 14, 1988
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ORD~ 88-57, AMENDING ORDINANCE 87-100, AN EKERGE.CY ORDIØAØCE
CREA~ 'l'BZ LELY GOLF ESTATES BEAOTIFICATIO. KUKICIPAL SERV%CE TAXING
VJI1: '1' - ADO PTEL
Legal notice having been published in the Naples Daily News on May
25, 1988, as evidenced by Affidavit of Publication filed with the'
Cle~k, public hearing was opened to consider an amendment to Ordinance
87-100, Le1y Golf Estates, amending the taxing authority.
Public Works Administrator Archibald advised that the proposed
aaend8ent to Ordinance 87-100 deals with the Lely Golf Estates
Beautification MSTU, noting that it currently allows for the taxing of
those within the benefit district, up to 1/4 mill, adding that pri-
aarily, the funds were used for a combination of ~aintenance of
8edians and upgrading the medians.
Ye stated that the Advisory
Co88ittee has looked into the long-term and short-term improvements,
and as a result, have determined that the benefit needs of the
district involve expenditures that exceed $250,000, over a long-term
period.
He indicated that the Committee presented their findings to
the Lely Civic Association, to get an idea of community support,
adding that the results of that meeting was an indication that an
increase in millage from 1/4 mill to 1 mill would provide for the
aaintenance and long term improvements.
Co.øissioner Hasse questioned whether this needed to be
accoaplished through a referendum?
Hr. Archibald noted that the original establishment of the ordi-
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JUNE l4, 1988
nance and establishment of the millage rate was by referendum, adding
that the Board may now consider either an ordinance that would
increase the millage rate in the public hearing today, or if there is
opposition to that, the Board has two other options:
.
A referendum
A .illage rate that would allow certain improvements above
and beyond what is currently approved.
Mr. George Pearson, Chairman of the Lely Advisory Committee, noted
1.
2.
that in December, County Manager Dorrill advised that there should be
a .iniaua of 2 public hearings, so that the residents of the Lely
Taxing District could be informed of the need for the increased
.i11age, adding that he gave a presentation to the Board, and there
was a workshop in March.
He stated that the Advisory Committee feels
that the people of Lely want what this committee lS suggesting to the
Board.
In answer to Commissioner Pistor, County Attorney Cuyler advised
that he lives within this district and has researched this matter, and
legally, there is not anything which would prohibit the Board from
increasing the millage without another referendum.
Mr. Bob Bothwell, Treasurer of the Lely Civic Association, stated
that the consensus at their annual meeting, "was to get on with the
proj~t", noting that the residents are tired of weeds in the median.
CO8ais.ioner pietor ~oved, seconded by Commissioner Goodnight and
carried unanimously, that the public bearing be closed.
CO8ai.sioner Pistor ~~ved, .econded by Coumiseioner Saunders and
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Jun 14,1988
carried unaniaously to amend Ordinance 87-100, increasinq the taxinq
ability, DOt to exceed 1 aill in anyone fiscal year, and that the
ordinance.. ~uabered and titled below be entered into ordinance Book
.0. 31:
ORDIJfUC£ 88-57
AN ORDINANCE AMENDING ORDINANCE NO. 87-100; AMENDING THE TAXING
AlTrHORITY: PROVIDING CONFLICT AND SEVERABILITY; PROVIDING AN
EFFECTIVE DATE.
:t~ '6C4
R&8OLUrIO. 88-139, RE PETITIO. AV-88-003, Q. GRADY MI~R REQOB8TI.G
~'l':t0lf OJ' A DRAI~£ EASDEJn' O. TRACT 2B, WIGGI.S BAY, PHASB 1 -
ADO P'l'ED
Legal notice having been published in the Naples Daily News on May
29 and June 5, 1988, as evidenced by Affidavit of Publication filed
with the Clerk, public hearing was opened to consider Petition
AV-88-003, filed by Q. Grady Minor, for the purpose of vacating a
drainage easement on Tract 28, Wiggins Bay, Phase I.
Public Works Administrator Archibald stated that currently the
Princeton Place project within Wiggins Bay has an existing 15' wide
drainage easement, adding that as a result of a need to relocate
buildings, the developer needs to relocate that drainage easement.
He
noted that this will involve the replacement of 270' of existing lS'
wide easement with an alternate easement of approximately 280' in
length.
He advised that this easement has been subject to review,
adding that Stafe has rcc~ived the appropriate Letters of No
Object~on.
In addition, the applicant has prepared the documents for
Page 17
aoO( 1151'm 39
"-... ."...-. . '.".
... 115 w.t 40
JUNE 14, 1988
the dedication of a replacement easement, and the resolution that has
been pr~ared has two elements:
The vacation of the existing easement
The [~cording and approval of the dedication of the new
replacement easement
Co88is.ioner Pistor aoved, secoøded by coaaissioner Goodnight and
1-
2.
carried unaniaously, tbat tbe public bearing be closed.
CO88issioner pistor moved, seconded by Commissioner Saunders and
carried unani.ously, that Resolution 88-139 re Petition AV-88-003, be
a4opte4 .
Page 18
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JUNE 14, 1988
I~ '60
BUDGET AAz.~~ RESOLUTIONS 88-26,88-27 , 88-28 - ADOPTED
Legal notice having been published in the Naples Daily News on
June 10, 1988, as evidenced by Affidavit of Publication filed with the
I
Clerk, public hearing was opened to consider amendments to the Fiscal
1987/88 adopted budget.
County Manager Dorrill advised that the subject budget amendments
are the routine quarterly budget amendments that require a public
hearing in accordance with Florida Statutes, adding that they have
been reviewed by the Clerk's office, the County Attorney and the
budget off ice.
He noted that these only involve budget amendments
where there are changes in carry forward transfers or supplemental
totals that affect fund totals.
CO8ai..ioner Goodnight aoved, .econded by co..i..ioner Saunder.
and carried unaniaoualy, that the public hearing be closed.
Co88issioner Goodnight aoved, .econded by co..issioner pi.tor and
carried unaniaously tbat Budget Aaendment Resolutions 88-26,88-27 and
88-28 be adopted, to amend the Fiscal 1987/88 budget.
Page 19
.. 115 W.{ 50
JUNE 14, 1988
'rape '3
It- t6C5
P~~12I~ PDA-88-5C and DOA-88-2C, BRETTOØE PARI POD ~ DRI - we
S1JB8TAftXAL DEVIATIO.
Legal notice having been published in the Naples Daily News on May
29, 1988, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing waS opened to determine if Petition PDA-88-5C,
a8ending Brettone Park PUD No. 87-15, by amending the permitted resi-
dential land use types, amending the residential development stan-
dards, aøending the Master Plan to relocate utility sites and add a
golf course, and other incidental changes to the PUD Document and
Master Plan, and DOA-88-2, requesting an amendment to Brettone Park
Develo~nt Order 87-2, by changing the acreage of commercial, resi-
dential and other land uses, adding an 18 hole golf course, changing
the standard for determining acceptable level of service of SR-84, and
other incidental changes, constitute a substantial deviation.
Planner Weeks stated that the petitioner proposes several amend-
88nts
to the PUD document and Master Plan as well as the Development
Order, as noted in the Exz~utive Summary.
Commissioner Pistor ~tðtcd that it seems that this will decrease
the density and increase the open space, noting that it is an improve-
8ent in the zoning characteristic.
Planner Weeks advised that this will not be decreasing the den-
sity, only the residential acreage, by rearranging the site.
Attorney George varnadoe noted that this sile was constructed with
Page 20
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JUNE l4, 1988
two large lakes surrounding ð heavily wooded area in the center,
adding that i~ has gone from a traditional single-family project to an
adult c0a8unity with zero lot line characteristics, with elongated
lakes and the golf course around them.
will CO8e back with a PUD amendment.
He advised that the petitioner
Co8aissioner pistor moved, seconded by Commissioner Goodniqht and
carried unaniaously, that the public bearing be closed.
Co8aissioner pistor 80ved, seconded by Commissioner Goodnight and
carried unaniaously, tbat tbe staff recommendations be approved, that
the proposed ..endaents do not constitute a substantial deviation.
It- '6C6
PE'l'I'l'IO. SMP-87-4, .ILBO", MILLER, BARTO., BOLL' PEEK, I.C.
UPUSZJrrIJIG TRADE CENTER OF MAPLES, LTC. AKD METRO MI.I CORP.
REQUE8'l'I.G SOBDIVISIO" MASTER PLAN APPROVAL - APPROVED
Legal notice having been published in the Naples Daily News on May
29, 1988, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened to consider Petition SMP-87-4, filed
by Alan Reynolds of Wilson, Hiller, Barton, SolI & Peek, Inc. repre-
senting Trade Center of Naples, Ltd. and Metro-Mini Corporation,
requesting a Subdivision Haster Plan approval for the Trade Center of
Naples.
Public Works Administ.rator Archibald noted that the Trade Center
of Naples contains 61+ acres of land, located to the west of Airport
Road and north of J & C Boulevard, adding that petitioner is proposing
to develop the industrial area into 81 industrial lots, consisting of
Page 21
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lOG( 115 PJQ: 52
JUNE 14, 1988
approxiaately + acre.
He stated that the petition has been reviewed
by Staff, and approval is recommended, subje~t to the agreement as
attached to the Executive Summary.
He advised that the Agreement sets
forth requirements for providing for utilities, conditions regarding
access, and sidewalk improvements, adding that Lots 2, 3, 4 and 5 will
be preserved as 8 wetland area.
He noted that the CCPC held their
public hearing on May 19, 1988, and recommend approval of Petition
SMP-87-4, subject to the Agreement sheet.
CO8aissioner pistor aoveð, seconded by Commissioner Goodnight and
carried unaniaously, that the public bearing be closed.
CO88issioner Pistor aoved, seconðed by Commis.ioner Goodnight and
carried unaniaously, to approve Petition SMP-87-4, subject to tbe
r~_8Ddation of tbe CCPC.
Page 22
JUNE 14, 1988
It- 1fC7
PZTI~08 8KP-88-1, WILLIAM C. MCAKLY REPRESEHTIØG WHISPERIXG PI~8,
I~., RZQVESTI.O SUBDIVISIO. KASTER PLA. APPROV~L FOR IMPERIAL GOLF
ES'l'A'l'ES, PKAS~ V - ~PPROVED
Legal notice having been published in the Naples Daily News on May
29, 1988, as evidenced by ^ffidavit of Publication filed with the
Clerk, public hearing was opened to consider Petition SMP-88-l, filed
by Willia. MeAnly representing Whispering Pines, Inc., requesting
Subdivision Master Plan approval for Imperial Golf Estates, Phase V.
Public Works Administrator Archibald stated that the subject pro-
perty is located north of Palm River, east of the existing Imperial
Development and west of the proposed extension of Livingston Road,
adding that the subdivision consists of approximately 80 acres and the
existing zoning is RSf-3.
He noted that the developer proposes l45
sing1e-faaily lots within that area.
He advised that Staff has
reviewed the proposed Master Plan and is in agreement with all propo-
sals, subject to the agreement as attached to the Executive Summary.
He noted that the CCPC is forwarding Petition SMP-88-1, with a recom-
.endation or approval, subject to the stipulations in the Agreement.
cO88i..ioner Goodnight .oyed, .econded by co..i.sioner Saunders
aDd carried unaniaou.ly, that tbe public hearing be clo.ed.
CO8ai.sioner Goodnight .oved, seconded by comai.sioner pistor and
carried unani.ously, that Petition SMP-88-1 be approved, in accordance
with tbe recomaendation of the CCPC.'
Page 23
lOOC 115 Pl';( 59
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NO( 115 PKt 62
JUNE 14, 1988
..... aecess: 10:20 ~.H. - Reconvened: 10:30 A.H. at wbicb
t~e Deputy Clerk Kenyon replaced Deputy Clerk Hoff.an .....
It- 'fee
OaDI~ 88-58 ESTABLISHIKG THE COLLIER COUWTY TOURIST DEVELOPMEØT
COOJlCIL - ADOPTED
Legal notice having been published in the Naples Daily News on May
2S, 1988, as evidenced by Affidavlt of Publication filed with the
Clerk, public hearing was opened to consider a proposed ordinance
establishing the Collier County Tourist Development Council.
County Attorney Cuyler stated that this council will be composed
of 9 aeabers and it sets forth the statutory requirements of the coun-
cil and the ~mbers tt.at are to be appointed from various categories.
He noted that the ordinance provides that the members will be
designated by resolutlon.
He stated that the ordinance also sets
forth the responsibilities and duties, the requirements for meetings,
and the rules of procedure.
He noted that the council has to be
established 60 days prior to the Board of County Commissioners con-
sidering a tourist development tax ordina~ce, adding that one of the
functions of this board is to come up with a plan for the County.
He
indicated that if the Board adopts this ordinance, Staff can solicit
applications for appointments to the Tourist Development Council so
that .eøbers can be appoi~ted when the Board returns from vacation.
eo..issioner Pi:stor ql;estioned if this cðn be ca lled a Tourist
DeveloplMnt Fee instead Cjf ð tax, to which County Attorney Cuyler
stated that the Statute addresses it as a tax.
Page 24
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JUNE 14, 1988
C~issioner Pistor indicated that there seems to be some objec-
tion from th~ Hotel/Motel Association, but as long as there is someone
on the council representing them, he does not feel that there will be
that 8UCh objection.
He stated that the City of Naples would like to
suggest that some of the money from this tax be used to maintain the
beaches after they have been renourished, adding that some of it could
also be used for advert1sing.
He noted that a lot of counties
have this tax and it would be 1n order for Collier County to consider
it.
eo..issioner Saunders stated that he believes that this can only
be done at a regular election which would have to be done in 1988 or
1990.
C088issioner Pistor stated that he was told that a special elec-
tion could be called, to which County Attorney Cuyler stated that the
ordinance has to be approved by referendum and at a regular election
and not a special election.
He indicated that November 8, 1988, would
be the only available election.
Co.aissioner Saunders stated that this would mean that the Council
has to hold meetings from July 19 to September 20 and then report to
the Board with a recommendation in order to meet the deadline for the
November 8, 1988, elect10n, which is not enough time.
He noted that
the last time the final recommendation was that there not be a tax
i IIpOsed .
He stated that his concern' is that there is not enough time
. .
to aake the November election which means that nothing could be done
Page 2S
a 001( 115 PAr,£ 63
IlK 115 PfIÇt 61
JUNE 14, 1988
until 1990.
C088issioner pistor stated that he still feels that it would be in
order to set up this council and see what happens,
Mr. Chester Do~ck stated that he feels that there is a need for
.ore public beaches and he thinks that a Tourist Development Council
should exist.
CO88i.sioner pi.tor aoveð, seconðed by Commissioner Goodnight and
carried unani8ou.ly, tbat the public bearing be closed.
Co8ai.sioner pi.tor moved, .econðeð by commissioner Goodnigbt and
carried unani80usly, that the orðinance a. numbered and titled below
be adopted and entereð into Ordinance Book .0. 31:
ORDINARCB 88-58
AN ORDINANCE ESTABLISH INe THE COLLIER COUNTY TOURIST DEVELOPMENT
COUNCIL: PROVIDING fOR COMPOSITION Of MEMBERSHIP; REQUIRING A
RESOLUTION TO DES IGNATf: THE MEMBERS, TERMS AND CHAIRMAN Of THE
COUNCIL: PROVIDHlG ¡"OR RESPONSIBILITIES AND DUTIES; PROVIDING FOR
MEETINGS: PROVIDING fOR OffICERS, QUORUM AND RULES OF PROCEDURE;
PROVIDING FOR REIMBURSEMENT Of MEMBERS EXPENSES UPON PRIOR
APPROVAL Of TilE BOARD; PROVIDING fOR CONfLICT AND SEVERABILITY;
AND PROVIDING AN EffECTIVE DATE.
It.. UC9
BKBaGDC1' DECLARED. OR.DIJfARCE 88-59 CUATIKG THE KAB.CO ISLAJr])
B8ACB7RO~ REKOORISKKENT FACILITIES MSTU - ADOPTED. RESOLUTIOR88-140
CALLIØG FOR A REFERENDUM TO BE HELD NOVEMBER 8, 1988 TO DETERMINE IF
'l'BE ELECTORATE IN SAID UNIT APPROVE THE ISSUANCE OF GEJfERAL OBLIGATION
BOKDS IN AN AMOUNT NOT TO EXCEED $5,000,000 TO FINANCE BEACH
REWOORISKKENT AND STORK P~OTECTION FACILITIES - ADOPTED
Legal notice having Deen published in the Naples Daily News on May
27, 1988, as evidenced by Affidavit of Publication filed with the
Cleek, public hearin9 Wð5 opened to consider a proposed ordinance
Page 26
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JUNE l4, 1988
creating the M~rco Island Beachfront Renourishment Facilities
Municipal Service Taxing Unit.
County Manager Dorrill indicated that this item was before the
Board or County Commissioners about a week ago under public petitions
and staff was directed to come back to the Board regarding this matter.
Mr. Frank Blanchard, representative of Save the Beaches Committee,
stated that they are dediçated to beach renourishment on Marco Island.
He indicated that it should be implemented as soon as possible and as
soon as permits are ava1lable, which should be by the end of the year.
He noted that the people of Marco Island would like an opportunity to
canvass the beachfront property owners to see if they would support a
special taxing district to pay for the initial rebuilding of Marco
Island Beach.
He noted that the longer this is put off, the more it
will cost the people plus the fact that new rules will go into effect
which could further delaï and complicate the renourishment.
He stated
that he would ask for the Board's consideration in moving this project
along.
In answer to Commissioner Hasse, Mr. Blanchard stated that part of
the process of getting permits from DER is that they require a plan
for perpetual maintenance of the beach project.
He noted that Coastal
Engineering has the continuing maintenance contract for the beach
which will be .05 mills 0: the island's tax base.
,
CO8Iissioner Pistor questioned if' it is legal to establish a
secondary taxing district as it would be part of the existing overall
Page 27
IOO( 115w,[ 65
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JUNE l4, 1988
taxing district, to which County Attorney Cuyler stated thðt it does
not appear that there is a conflict with regards to taxation.
He
noted that it appears that something will have to be done in the
future, however, with regards to two existing taxing districts.
'l'ape 14
Co.aiøøioner Plstor stated that his concern is that if there can-
not be two ordinances énd the ex1sting one is eliminated then there is
nothing that mentions beach access, as the proposed ordinance does not
include beach access at all, it is simply beach renourishment.
Attorney Don Pickworth stated that what is being proposed this
date is simply adopting an ordinance that will allow a referendum to
take place as an alternative means of paying the capital cost of the
beach renourishment facility, adding that if the referendum passes in
Hoveaber, then the County can look at all the options that are
available.
He stated that with regards to the question of beach
access and maintaining the facilities, that will have to be dealt
with, but this is simply one step in the overall program.
,Commissioner Saunders slated that the idea of this proposal was to
find a way to fair]y alloc~te the cost of the project and it was felt
that the beachfront property owners would benefit more, but when beach
access is mentioned then ~he beachfront owners are also paying their
fair share in the Marco Island-wide levy and it would be inappropriate
to tax them again.
He stated that both taxing districts need to be
handled and the faIr share allocated to both.
Page 28
JUNE 14, 1988
County Attorney Cuyler stated that what the Board does, depends on
what needs to~! accomplished and if one of these districts will con-
tinue with the maintenance and the beach access.
C0a8issioner Saunders questioned if the Marco Islanj wide district
can still be maintained as a sub-district, to which County Attorney
Cuyler replied affirmatively, adding that this can be done as long as
the two districts are not taxed for the same thing.
Mr. I:a Evans indicated that everyone is in agreement that the
beach needs to be restored but from that point on, the path diverges.
He noted that there are varIOUS alternatives to everything, but he
would simply urge the Board not to delay the Jriginal plan.
He noted
that all avenues should be explored but the beach program that is in
existence must be kept going and all other recommendations and
suggestions should be secondary to the primary one.
He concluded by
stating that the beach needs to be restored as promptly as possible.
Mr. Leonard Llewalyn, resident of Marco Island, stated that he is
asking that this proposal be approved as the beachfront property
owners are not asking for anything in return, adding that they arc
willing to be taxed to have the beaches renourished.
He stated that
he is willing to work for beach access, but access to a rock revetment
or no beach area at all is ~n exercise in futility.
He concluded by
stating that he would urg~ the Hoard to appro~e the proposed ordinance.
I
c088issioner pistor moved, seconded by commissioner Goodnight and
carried unanimously, that the public hearing be closed.
Page 29
aoO( 115 PAr,E 67
MOl 115 ",,{ 68
JUNE 14, 1988
Co88issioner Saunders aoved, seconded by comaissioner pistor and
carried unani&ously, tbat an emergency be declared and the provisions
of the ordinance waived.
Co8aissioner Pistor moved, seconded by Commissioner Goodnight and
carried unaniaously, that the Ordinance as numbered and titled below
be a40pted and entered into Ordinance Book øo. 31:
ORDINANCE 88-59
AN EMERGENCY ORDINANCE CREATING THE MARCO ISLAND BEACH FRONT
RENOURISHMENT FACILITIES MUNICIPAL SERVICE TAXING UNIT; PROVIDING
FOR ITS BOUNDARIES, PURPOSES AND TAXING AlJ1'HORITY; PROVIDING FOR
ITS GOVERNING BOARD AND DEFINING ITS POWERS AND DUTIES; PROVIDING
FOR AN ADVISORY COMMITTEE AND DEFINING ITS DlJ1'IES AND
RESPONSIBILITIES; PROVIDING fOR COLLECTION Of TAXES; PROVIDING FOR
REFERENDUM: PROVIDING fOR ISSUANCE OF BONDS: DECLARING AN
EMERGENCY; PROVIDING fOR CONfLICT AND SEVERABILITY; PROVIDING AN
EFFECTIVE DATE,
Co8ai.sioner Saunders moved, seconded by Commissioner pistor and
carried unaniaously, that Resolution 88-140 ordering and calling a
referendua election to be beld on øoveaber 8, 1988, in the Marco
Island .eachfront Renouri8haent Faoilities Municipal Service Taxing
unit to determine if the qualified electors residing in said unit
approve tbe issuance of general obligation bonds in a principal amount
Dot'exceeding $5,000,000 to finance beach renouri.hment and storm pro-
tectloD facilities, be adopted.
,t
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Page 30
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JUNE 14, 1988
It- UD1
RESO~OX KWS-88-3 AUTHORIZING THE ISSUANCE BY THE MARCO WATER AHD
SEWER DISTRICT OF $2,500,000 IN AGGREGATE PRINCIPAL AMOUNT OF SPECIAL
ASBBSSKEXT BO.~S, SERIES 1988, IN ORDER TO FINANCE THE COST OF THE
AOQUISI'l'IOW AND CONSTRUCTION OF V~RIOUS IMPROVEMENTS WITHIN THE
DISTRICT - ADOPTED
Hr. David Fischer of SunTrust Securities indicated that his firm is
getting ready to validate the bonds and the resolution needs to be
adopted which will introduce the program and get it into the market,
adding that he expects to issue the bonds in the early Fall.
Co.øissioner Saunders stated that he is abstaining from voting on
this aatter as his firm may be selling some of the bonds.
(Form 8B
filed) .
County Attorney Cuyler stated that there is a time frame that has
to be aet and it is necessary to enact this resolution in order to
validate the issue.
cO88issioner Goodnigbt .oved, seconded by comaiaaioner pi. tor and
carried 4/0, (Commissioner Saunders Abstained), tbat Resolution
KWS-88-3 authorizing the issua~ce by the Marco Water and Bewer
District of $2,500,000 in aggregate principal amount of special
....s..ent bonds, Series 1988, in order to tinance be coat of the
acquisition and construction of various improvements within tbe
district be adopted.
Booe 115~,.!
75
Page 31
HIe 115,.,,(128
JUNE 14, 1988
It. UPI
RESOL0T70. 88-141 AUTHORIZIRG THE ISSUAKCE OF $7,790,000 I. CAPITAL
IMPROY~~ REVENUE BORDS, SERIES 1988, FOR CERTAIH IMPROVEKEWTS AND
ADOI'l'IO.S 'l'O T~E COUNTY'S FACILITIES AND AMERDING AND SUPPLEKEXTING A
RESOLUTIOK WHICH AUTHORIZED $29,625,000 IN CAPITAL IMPROVEMENT REVENUE
REFU8DI»G BORDS, SERIES 1985, TO FINANCE THE COST OP REFUNDING CERTAIN
OUTSTAJfDING OBLIGATIONS OF THE COUNTY - ADOPTED
County Manager !.Jerri)) Slaled lhat th1S issue is for the sales tax
revenue bond which provides for the Development Services financing aná
the pecaanent financing of Lely Barefoot Beach.
Tape IS
Me. Fischer slaled that they wenl into the market yesterday and
will continue today.
He noted that Collier County went out with a
7.80\ yield which is the best that has been in the market in the last
I8Onth.
He noted that Smith Barney camc in with an issuance cost of
513.18 and fulfilled theIr co~~itment.
He Indicated that the issue
went well and will COYCr the Lely Barefoot Beach item and the admi-
nistrative building for the development services program.
He noted
that the total amount, including issuance cost and a reserve account,
is $7,790,000.
co.ais.ioner piator aoved, seconded by Commissioner Goodniqht and
carried 4/0, (Coaai..ioner Saunders abatained), tbat aesolution 88-141
authorizing the issuance of $7,790,000 in Capital Iaprov..ent aevenue
Bon48, ..ri.. 1988. b. adorted.
(Form 8S filed).
Page 32
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JUNE 14, 1988
It- '7Al
RESOLV7I08 ae-l42 RE PETITION CCCL-88-6, COLLIER PERCE AND WIRE, IRC.
RBPREBEXTIBa EMERALD BEACH APARTMENT CONDOMINIUM, INC., MARCO ISLAND,
REQUEB'l'IBG A V ~IANCE PROM THE COASTAL CONSTRUCTION CONTROL LIRE FOR
THE FEWCI.G OF AN EXISTING SWIMMING POOL AND PATIO AREA - ADOPTED
Legal notice having been published in the Naplcs Daily Ncws on May
29, 1988, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing w~s opened to consider Petition CCCL-88-6, filed
by Collier fence and Wire, Inc. represent1ng Emerald Beach Apartment
Condoainium, Inc., 500 Saturn Court, Marco Island, requesting ð
variance from the Coastal Construction Control Line to allow for the
fencing of an existing swimming pool and patio area.
Ms. Andrea Stevens, rlatural Resources Managcment Department, stated
that this is to allow for fencing of an existing swimming pool and
patio area which is approximately 70 f .~t seaward of the Coastal
Construction Control LIne.
She stated that this is required for
insurance purposes and the beach and shore will not be effected by
this.
She stated that Staff is recommending approval.
Coaaissioner pistor moved, seconded by Commissioner Goodnight and
carried unanimously, that the public hearing be closed.
Coaaissioner Pistor moved, seconded by Commissioner Goodnight and
carried unanimously, that Resolution 88-142 re Petition CCCL-88-6,
COllier Pence and Wire, Inc. representing Emerald Beacb Apart.ent
Condoainium, Inc., reques~ing a vari.nce from the Coastal Construction
Control Line to allow fo~ the fencing of an existing swimming pool and
patio area, be adopted.
Page 33
aGo, 115 FA'.[ 151
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JUNE 14, 1988
It- 171.2
PETX'l'IOW FDPO-88-3 BY GEORGE F. HAKIM REQUESTING APPROVAL OP A
~~ FROM THE MINIMUM BASE FLOOD ELEVATION AT 229 SECOMD :TREET,
LITTLE HICKORY SHORES - DENIED
Legal notice having been published in the Naples Daily News on May
29, 1988, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened to consider Petition fDPO-88-3, filed
by George f. Makin, requesting approval of a variance fcom the minimum
base flood elevation r~qulred by the flood Damage Prevention Ordinance
on property described as 229 Second Street, Lot 20, Block B, Unit 1,
Little Hickory Shores.
Planner McDaniel stated that this is a request to permit the
construction of a single-family home at an elevation of 8 feet ngvd
instead of II feet ngvd as required 01 the fOPO.
He noted that he has
CODe before the Board and has asked for variances which are based on
surrounding home3 built at grade level which has constituted a
hardship for the applicant.
He noted that if there is a home on
both sides built at the same level, he has recommended approval, but
if there is a home only on one side, he has recommended denial which
is this case.
He noted that in this situation, there is more flexibi-
lily and more importantly, If there is only one house next to this
house that is bU11t at a ,1lfferent elevation and this request is
granted, then ð precedent is be1ng set for subsequent variances.
He
noted that Staff is, therefore, reco~mending denial.
Commissioner Pistor questioned if'there has been any further
Page 34
lOOK 115pj"'~ 153
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JUNE 14, 1988
notice fro. FEMA regarding the limits on these variances?
He stated
that in talking with Secretary Pelham, it was indicated that if coun-
ties are issuing too many variances, the State could cancel all flood
insurance for ~h~ entire County.
Planner McDaniel stated that he is not familiar with any change in
the policy, adding that they periodically look at the files and
express concerns if any variances have been granted that they feel
should not have been, but there has never been a certain number set
for granting variances.
Coa.issioner Hasse questioned if there is a half-way mark that the
petitioner would be willing to accept, to which Mr. McDaniel stated
that if a variance 15 going to be granted, the Board of County
Co..issioners should grant what the petit10ncr is asking for, as once
the variance is granted it do~s not make any difference how much it is
granted for.
Mr. George Makin stated that he objects to building at an eleva-
tion of 11 feet because of the hardship of going to the two floor
lí ving.
He noted that all the other houses are at street level with
the exception of two, adding that he is willing to take full respon-
sibility for water damage.
He stated that he would be willing to
build at an elevation of 9-1/2 feet if the Board would be willing to
approve that variance. H'~ noted that it is very inconvenient to have
to go up to an 11 foot el?vation and the risk of water damage is worth
being able to build at a ~I 8 foot elevation. He stated that this is
Page 3S
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JUNE 14, 1988
not a case of the possibility of a loss of life because it is built at
an 8 foot elevation but simply water damage, which he is aware of.
He
stated that h~ is not concerned with the cost of the flood insurance
and requested that this variance be granted.
Co88issioner Glass questioned how many homes are on the street, to
which Mr. Makin stated that there arc approximately 10 homes and 2 are
on the bay side and the rest are built up to the required level or are
stilt holies.
Co88issioner Saunders stated that the problem that Collier County
faces is that if too many variances are granted, FEMA may revoke the
ability for Collier County to obtain flood insurance throughout the
County, which does not affect just Mr. Makin, it affects all resi-
dents.
He stated that this is not one of the cases that would fit
into the guidelines according to Washington and, therefore, there is
no hardship involved.
Co88i88ioner Goodnight moved, seconded by Commissioner Saunder8
and carried unaniaou8ly, that the public hearing be closed.
CO88is8ioner Pistor moved, .econded by Commissioner Saunders and
carried unaniaous1y, that Petition FDPO-88-3 be denied.
It- t7A3
RZSOLOTIO. 88-143 RE PETITION CCCL-88-2, COASTAL ENGIðZERING AND A.
GAIL BOORKAN , ASSOCIATES, INC., AGENTS FOR CRESCENT BEACH DEVELOPERS,
I»C. REQUESTING A VARIANCE FROM THE COASTAL CONSTRUCTION CONTROL LINE
FOR IMPROVEMENTS AT CRESCENT BEACH CONDOMINIUM, MARCO ISLAND - ADOPTED
I
Legal notice hav1ng b'~en publIshed in the Naples Daily News on May
29, 1988, as evidenced by Affidavit of Publication filed with the
aooc 115,1<;£ 155
Page 36
... 115'1'.(156
JUNE 14, 1988
Clerk, public hearing was opened to consid~r Petition CCCL-88-2, filed
by Coastal Enqineering and A. Gail Boorman & Associates, Inc., Agents
for Crescent ~~ch Developers, Inc. requesting a variance from the
Coastal Construction Control Lin~ for the reconstruction oi the
Septe8ber 1987 beach prof11c through the addit10n of cl~an fill sand,
riprap, and native dune plantings, and for the construction of a deck
and two beach walkovers at Crescent Beach Condominium, lOa S. Collier
Blvd., Marco Island, rlorida.
Natural Resources Developm~nt Compliance Investigator Muldoon
stated thðt it has been scientifically documented that a gap in rigid
shore protection structures can result in erosion within that gap.
She stated that the shorelIne seaward of the CCCL at Crescent Beach is
undergoing high erosion rates because it serves as a gap in an
existing continuous and uniform line of such structures.
She indi-
cated that Crescent Beach Developers, Inc. wish to close the gap in
order to ensure future protection of Crescent Beach Condominium owners
property through renourishment of their beach, reconstruction and
revegetation of the dun~, and construction of a deck and two dune
walkovers.
She noted that beach renourishment and dune reconstruction
are considered to be effectIve in buffering the nearby development
froa storm surge and in addition, the revegetation of this area
increases the dune zone's effectiveness as a storm buffer.
She
reported that numerous studies have documented the destruction of
vegetative cover by pedestrians in dune zones and elevated dune walk-
Page 37
,.-..-- -.,.,,»,-,", ..
JUNE 14, 1988
overs are recognized as the best method of minimizing impacts on dune
vegetation while still allowing access to the beach and ocean.
She
stated that due to the documented beneficial effects of beach and dune
zone restoration, and of dune walkover construction, it is the policy
of the Natural Resources Management Department to encourage and recom-
~nd approval for all projects that protect and/or restore the County's
dune syste..
She concluded by stating that Natural Resources
Manag~nt Department is recommending approval of this petition subject
to the staff stipulations indicated in the Executive Summary dated
June 14, 1988.
CO8ais.ioner Goodnight moved, seconded by Commissioner pistor and
carried unaniaously, tbat the public bearing be closed.
CO8aissioner Goodnight moved, seconded by Commissioner Pistor and
carried unaniaously, tbat Resolution 88-143 re Petition CCCL-88-2C,
COastal Engineering COnsultants, Inc., and A. Gail Boorman'
Associates, Inc., Aqents tor Crescent Beach Development, Inc.,
requesting a variance from the Coastal Construction Control Line for
the reconstruction of tbe september 1987 beacb profile tbrougb tbe
addition of clean fill sand, riprap, and native dune plantings, and
for tbe construction of a deck and two beach walkovers at Cre.cent
8eacb condo.iniu., 100 S. Collier Blvd., Marco Island, Florida, Þe
adopted.
Page 38
aoo< 115pl'.[ 157
- ll5 PI? 162
JUNE 14, 1988
It- "A4
RESOLUTIO. 88-144 RE PETITION CCCL-88-J, AGNOLI, BARBER' BRUNDAGE,
I~., AOEWTS FOR 'l'BB SCOTTSDALE COKPANY, REQUESTING A VARIANCE TO
I.STALL A 'l'EKPORARY PROTECTIVE FENCE AND STORE CONSTRUCTION EQUIPMENT
SEAWARD OF THE COAS'l'AL CONSTRUCTION CONTROL LINE AT VISTA COBDOMINIUM,
P AIlX BB 0 RE - ADO PTED
Legal noti~~ having be~n publish~d in th~ Naples Daily News on May
29, 1988, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened to consider Petition CCCL-88-3, filed
by Agnoii, Barber' Brundage, Inc., agents for The Scottsdale Company,
requesting a variance to install a temporary protective fence and
store construction equipment seaward of the Coastal Construction
Control Line at Site 56 of the Vistas Condominium at Lot 25, Block 12,
Unit 5 of Park Shore, Naples, Florida.
Natural Resources Development Compliance Investigator Muldoon
stated that the petitioner hð3 rec~iv~d prior approval from DNR to
store construction equipment in an area that is extending approxima-
lely 53 feet seaward of the CCCL.
She noted that the DNR permit sti-
pulates that a te.porary construction fence shall be installed to the
seaward extension of the storage area to prohibit vehicular movement
and/or storage further seaward of the CCCL.
She reported that staff
has. reviewed this plan, v.slted the parcel and found that the area
seaward of the CCCL at the future site of the Vistas Condominium is a
previously altered parceL containing a larg~ artificial dune line
structure vegetated with non-native turf.
She stated that staff is
cecoøøending approval of this petition subject to the stipulations
Page 39
1
I
JUNE 14, 1988
contained in the Executive Summary dated June 14, 1988.
CO8aissioner Goodniqbt moved, seconded by Commissioner pistor and
carried unaniauusly, that tbe public bearing be closed.
CO8a!ssioner Goo4niq~t moved, seconded by Commissioner Pistor and
carried unaniaously, that Resolution 88-144 re Petition CCCL-88-3,
Aqnoli, Barber' BruD4aq., 1nc. agents tor the Scottsdale Company,
requesting a variance to in8tall a temporary protective fence and
store construction equipment seaward of the Coastal Construction
COntrol Line at site 5' of the Vi8ta8 Condominium at Lot 25, Block 12,
VDit 5 of Park Sbore, be adopted.
Page 40
,ooc 115 pi'.r 163
_"'~'n'".._,,~-,-_. '.
lOG( 115,r.t168
JUNE 14, 1988
It.. .'AS
RESO~IO. 88-145 RZ PE'l'I'l'ION FDPO-88-2, BARCLAY BUILDING CORPORATION,
REQOEB'l'I.G APPROVAL or A VARIANCE FROM THE MINIMUM BASE FLOOD
ELEVA'l'ION ON LOTS 1 ABD 2, BLOCK B, UNIT 2, BAKER-CARROLL POINT
SUBDrvISION AT VAXDERBILœ BEACH - ADOPTED
Legal notice having been published in the Naples Daily News on May
29, 1988, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened to consider Petition FDPO-88-2, filed
by Barclay Building Corporation, requesting approval of a variance
fro. the .ínimu. base flood elevation required by the Flood Damage
Prevention Ordinance on property described as Lots I and 2, Block B,
Unit 2, Baker-Carroll Point Subdivision at Vanderbilt Beach.
Planner McDaniel stated thðt this request is to permit construc-
tion of a swimming pool bath at an elevation of 8.5 feet ngvd instead
of l3 feet ngvd as required by the FDPO.
He noted that FEMA has indi-
cated that a bathrooø could be permitted below the base flood eleva-
tion based on the fact that sanitary facilities are required to be
located within 75 feet of the nearest pool waters edge, for public
swi..ing pools and bathing places, and it must be accessible to the
handicapped.
He noted that if the permit under construction meets
this criteria and the proposed sanitary facility will be below base
flood elevation, the County must activate the variance process.
He
stated that the owner's h3rdship arises from ~his conflict and, there-
fore, Staff is recommending approval of this petition.
coaaissioner Saunders aoved, seconded by commissioner Goodnight
Page 41
_._"""~'-~~-""""
JUXB 14,1988
and carried unaniaoualJ, tbat the public hearing be closod.
CO8aissioner Saunder8 aoved, seconded by Commissioner Goodnight
and carried unani8OU8ly, that Resolution 88-145 re Petition FDPO-88-2
filed by Barclay Buildinq Corporation, requesting approval of a
variance froa tbe .in18ua base flood elevation required by the Flood
Daaage Prevention ordinance on property described as Lot. 1 and 2,
Block B, Unit 2, Baker-CArroll Point Subdivision at Vanderbilt Beach,
be a40pU4 .
&OO( 115 p,r.l169
Page 42
"'"""""'-"'-.. ....-- ..--
lOll 115",,(112
JUNE 14, 1988
'l'ape .,
It.. f7A'
a&SOLUTIOW 88-14' as PB'l'ITIO. V-88-2, DAVID S. ADDISON REQUESTING A
7-1/2 ~ ~ARCB FROM THE REQUIRED EAST SIDE YARD SETBACK
OK 'l'Jœ JIOR'!'II BIDE OF ~8BA COURT, PL))tIMGO ESTATES - ADOPTED
Legal notice having been publißhed in the Naples D~ily News on May
I
29, 1988, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened to consider Petition V-BB-2, filed by
David S. Addison requesting a 7-1/2 foot variance from the required
east side yard setback requirement of 7-1/2 feet to 0 feet, for pro-
perty located on the north side of Rosea Court approximately 200 feet
east of Roseate Drive in Section I, Township 50 South, Range 25 East,
Fla.in90 Estates Subdivision, East Naples.
Planner Weeks stated that the purpose of this petition is to
obtain a setback reduction to allow the existing home to remain there.
He noted that Mr. Addison bought his lot in 1976 and a survey was done
at that time which showed that his home was within the required set-
back and it has been there for 11 years.
He indicated that in 1986,
the adjacent lot was purchased and surveyed and it was found that Mr.
Addison's home was not built at the correct location and was
encroaching 8 inches onto the lot on the cast.
He noted that the
house overhangs as well.
He stated that Mr. Addison has proposed to
purchase the lot to the east, but then he would like to be able to
sell the let minus the sm311 area that his house is sitting on.
He
noted that the lot to the east will be smaller as it will be reduced
Page 43
~---,._~,
JUNE 14, 1988
by the aaount of the ðctuðl encroachment, but it will still meet the
required area.
Coa.issioner Pistor stated that this would mean that Mr. Addison
would be on the lot line with no setback and then questioned the s(ze
of the adjðcent lot, to which Planner Weeks stated that the lot is 72
feet wide and the Zoning Ordinance requires 70 feet.
Planner Weeks stated that the house will have ð zero foot setback
and the overhang takes up approximately 3 feet.
He noted that if th~s
variance is approved, it will create a necessity for the adjacent lot
to obtain a variance.
He stated that tre petitioner realizes that if
a house is built on the adjacent property, there will only be 7-l/2
feet between houses.
He stated that the petitIoner realizes that
there was a surveying error made, but there is no recourse as the sur-
veyor is deceased.
He noted that the Planning Staff does not find
that a hardship exists according to the criteria in the ordinance and
therefore, they must recommend denial.
He noted that the CCpC
reviewed this petition and recommended approval.
Co.missioner Hasse stated that the petitioner could purchase the
property next door and not build on it, and it could be counted as one
lot instead of two lots.
Commissioner Pistor stated that he feels the same as he cannot see
granting vðriðnces that will create ð lot of non-conforming lots.
Attorney James Scarborough, representing the petitioner, stðted
that Mr. & Mrs. Addison built this house in 1976 and they are inno-
Pðge 44
lOOK 115'1"[ 173
'---",,-
'.,.
~.. 115 pv,t 17 .\
~,
"~
,.]"
JUNE l4, 1988
cent victias. the same as the owners next door.
He noted that the
Addisons' have ~cquired legal title to this property and they wish to
.iniaize any damage that would result from this matter, but they are
also not in a position to purchase' the adjacent proper~y for green
space.
He noted that the other alternative is to proceed with litiga-
tion and leave the adjoining property owner with a lot that is unsa-
tisfactory to build on.
He noted that if the variance is not granted,
it will cause more probleas.
He noted that a 10 foot setback could be
aaintained between buildings as opposed to a 15 foot setback.
He
noted that if the variance is granted, the Addisons' would purchase
the property next door, then sell it after a deed restriction is
created on Lot 62 that would require ð 10 foot setback.
He also
stated that the fee for this variance is $850 and he would request
that it be waived as the Addisons' are innocent victims and this
variance was created long before there was such a fee.
Co..issioner Pistor stated that it is the law that the variance
fee 8Ust be paid and that whatever interpretation is made, the peti-
tioner aust comply with it.
commissioner Glass questioned if this petitlon was submitted prior
to the enactment of the moratorium, to whic~ Planner Weeks stated that
the .oratorium was put into effect October, 1987, and the request was
officially submitted on December 21, 1987,
c088issioner Saunder8 aoveð, sec~nð.ð by Commissioner Basse and
carried unaniaou81y. tb.~ ~b. public hearin9 b. oI0..ð.
Page 45
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JUNE 14, 1988
Co8aissioner Haas. 8OVed, seconded by Commissioner Saunders anð
carried unaniaously, tbat Re.olution 88-146 re Petition V-88-2, David
S. Addiaon be aðopted as an after-tbe-fact variance petition subject
to the CCPe recoUiendation. tbat Lot 62 have a 10 foot weat side yard
setback witb dee~ restrictions and that the fee be $425.
Comaissioner tistor stated that the Addisons' are going to have to
buy SO8e property in order to have a zero setback.
County Attorney Cuyler stated that the granting of the petition
would incorporate the statements that have been made by the petitionér
wherein they indicate that they are going to buy the adjacent parcel
of pro~rty and put a deed restriction on that parcel and then if it
is sold, it would be sold separately.
He noted that in all cases when
a variance is granted, it may be subject to conditions and if those
conditions are not met, the variance is not approved.
..... aeces.: 12110 P.X. - aeconvened: 1:30 P.M. at which
ti.e Deputy Clerk Hottman replaced Deputy Clerk Kenyon .....
It.. 1781
RESOLOTIO. 88-147, PD-88-'C, ARNE LUNDHARX, REPRESENTING P.C.
KAJlAGEJŒJIT COKPAJfY, RZQOEB'l'I_G PROVISIONJ\L USE "C" OF C-4 ZONING, FOR
COKKERCIAL RECREA7IOa-oU?DOOR (HINIJ\TURE GOLF COURSE), 224' SE OF
COIØŒRCIAL DRIVE - ADOP'l'ZD
Planner Nadeau stated that subject request is for a Provisional
Use .c' of the C-4 Zoning District to allow the construction and
operation of a 36 hole miniature golf course.
He noted that
land to the north, acr~ss Francis Avenue, is zoned C-5; land to the
east, across an access driveway, is zoned C-5; land to the south is
Page 46
81* 115 WI 175'
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~
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'§8011 115"",[176
~
't
JUNE 14, 1988
zoned c-4; further south, across US-4l, is land also zoned C-4; and
land to the we~t is zoned C-4.
He stated that the lands to the north,
across Francis Avenue, are occupied with photography and framing
stores and a sprinkler system outlet, and the land to the east is
occupied with a vacant auto repair facility, and tite land to the
south, acrOSL U.S. 41, is occupied with a fast food restaurant, motel
and convenience store.
Hr. Nadeau stated that Staff has reviewed this request, and find
it to be in compliance with the Comprehensive Plan, based on the ana-
lysis contained in 14 of the Staff Report.
He advised that the peti-
tioner is proposing to obtain a provislonal use that would allow the
develo~nt of a 36 hole .iniature golf course with numerous water
features and a rolling vegetated landscape, adding that there will be
66 parking spaces on the site.
He stated that the only concern Staff
has regarding this request, is the lighting, noting that miniature
golf courses typically have hours of operation which extend well into
the evening, which necessitates elevated lighting to illuminate the
course, therefore, in order to mitigate any impact to the drivers,
along U.S. 41, all lighting is to be oriented 90 as to eliminate the
possibility of glare impacting the motorists.
Hr. Nadeau advised that Staff has no objections to this request,
and, therefore, are recom~ending approval, subject to the stipulations
of the Staff Report, as contained in the Agreement Sheet.
He added
that the CCPC is recommending approval of subject petition, subject to
Page 47
JUNE 14, 1988
the stipulations, adding that there was no public comment.
CO8ai8sioner Bass. 8OYed, seconðeð by Commissioner Saunders and
carried unaniaou81y, that Resolution 88-147 be aðopted, subject to
the cepe r8CODSendations.
a. 115 Fl'.f 177
Page 48
./
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Tape',
It- f7B2
JUNE 14, 1988
PtJ-88-3C, IŒJIO J. SPAGlIA, UPJU:SEXTING NAPLES CHURCH OF CHRIST
REOtJESTI.G PROVISIOIIAL USE "A" OF THE "Elf ESTATES ZONING DISTRICT FOR
A CBVRcB AXD RELATED USES FOR PROPERTY ON GOLDEN GATE PARKWAY - DENIED
Planner Scheff noted that the subject request is to obtain a
Provisional Use -A" of the "E" Estates Zoned District, for a church
and related uses.
He stated that the property is located on the north
side of Golden Gate Parkway, approximately 1/2 mile west of 1-75,
adding that all surrounding lands are zoned Estates.
He indicated
that lands to the north are single-family residential: lands to the
east and weal are undeveloped woodlands; and lands to the south,
across Colden Gate Parkway, are undeveloped woodlands.
Mr. Scheff stated that this request, if granted, would allow the
Petitioner to construct a church and related uses on subject property,
adding that the site appears to be an inappropriate location for this
type of use.
He advised that although the site fronts on Golden Gate
Parkway, it is only 75' wide, and abuts on the east and west by two
other parcels measuring 75' wide by 660' long.
He advised that both
of these parcels are undeveloped, however, the permitted principal use
is for a single-family residence.
Mr. Scheff advised that over the past severa) years, 18
Provisional Uses (including other churches) have boon approved for
this portion of Golden Gate Parkway, adding tt.at the minimum lot width
that has been allowed has been 150 feet, noting that this greater lot
Pðge 49
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buffers fro. nearby properties.
width/land area allows .ore space to provide distance and vcgctation
JUNE 14, 1988
lie indicated that based upon the
narrow width of this parcel, the similar narrow widths of the two
adjoining parcels to the east and wcst, and a hi~tory of Provisional
Uses granted in this area having ð minimum width of 150 feet, Staff
finds this request inappropriate at this location and recommends
denial.
Hr. Scheff noted that the CCPC is also recommending denial of sub-
church and related uses.
ject petition, due to the narrowness of the lot width (75'), for the'
He added that 2 people spoke against this
petition at the public hearing, citing the [,arrow width of the subject
property, effects upon neighboring properties, and the large number of
Provisional Uses (including other churches) already approved for this
portion of Golden Gate Parkway.
been received for this petition.
He noted that no correspondence has
lie stated that Staff is recommending
denial of Petition PU-88-3C, Subject to the CCPC's recommendation.
indicated t~at if, however, the Board finds this use appropriate at
He
this location, approval should be contingent upon the Petitioner
c08plYing with all the recommended stipulations required in the Staff
Report dated May 11, 1988.
'l'ape '7
Dr. Neno J. Spagna, representing the Petitioner, stated that this
Is a saall lot, but the proposed ch~ch is smaller than usual, adding
that this church is designed for ð 150 scat capacity, which is about
Page 50
lOOC 115pir,r 185
,
.. 115 rv,t 186
1/2 the size of the normal designed church.
JUNE 14, 1988
He added that the
Petitioner is in compliance with all requirements, with the exception
of the lot size, adding that there is no way possible t~ acquire the
adjacent lots at this time.
He indicated that the congregation con-
sists of 12-15 families, and they have been working toward their goal
to build a small church since 1982.
Dr. Spagna stated that the facility is to be buffered on both
sides: 5' on the east, and 7!' on the west.
lie noted that the faci-
lity is to commence with 100 seats and eventually, a capacity of 150
seats, adding that if it is the wishc3 of thc Board that the
Petitioner return and request another provisional use before the
re88ining 50 seats are put into the church, he will be happy to do so.
He noted that he feels the impact on the streets will be at a time
when the traffic is low, and he does not sce where there is a problem,
other than the lot width.
In answer to Commissioner Hasse, Dr. Spagna stated that the
congregation may be able to acquire additional land for expansion, but
without a church, they are not going anywhere.
He stated that the
prIce for tho two parcels abutting subject property are $13,000 cach.
. Hr. Willie Anthony, member of the congregation, stated that
obtaining a provisional use for a church is c,e of the most difficult
to acquire.
He questioned how large a parcel must be, before a church
can be constructed?
He noted that if ð piece of property meets the
criteria regarding setbacks, etc., that is the only guidance an indi-
Page 51
JUNE 14, 1988
vidual has in terms of buying property to build a church, adding that
there should be specific guidelines as to the size of the property.
Hr. Eugene Troutman stated that he agrees with Mr. Anthony, apeci-
fica11y that he would like to know exactly how much property is
required before a church can be built?
Mrs. Dorothy Johnson and Mr. Dick Braun spoke in opposition of the
church, citing that there are too many churches in the area; it is a
residential area, and the character of the neighborhood should not be
changed; the lot is too small; what is proposed on the site, is
iapossible, when taking the easement and bikepath into consideration;
there should be no new provisional uses until there is a Master Plan
for Colden Gate and Golden Gate Estates.
Coaalssioner Hasse aoved, secon~e~ by Commissioner Pistor and
carried unaniaou81y, to deny Petition PU-88-3C.
Commissioner Sa~nders stated that he does not like voting against
churches, but because of the size of the lot, felt he was compelled to
do so.
He suggested that Mr. Anthony meet with Staff to see if there
are other larger, .ore appropriate locations available.
COtt8TT ATTORXBY'S COKKEW'l'S RB AFTER-THE-FACT VARIANCES
County Attorney Cuyler stated that there are several after-the-
fact variances to be heard today, adding that when they came to the
Manager's Office, they were placed on the agenda.
I
He advised that the
8Oratorium which was in effect for these varianccs kept people from
filing-
He noted that toe moratorium is no longer in effect, and
Page 52
~U5~1~
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JUNE 14, 1988
these persons will be requesting that they be allowed to continue
construction.
He indicated that his recommendation is to have the
parties file an after-the-fact variance application, noting that the
CCPC had indicated that they did not know how to address these issues.
Tape f.
It.. UA
JERRY w. TRIPLETT REOUES'l'I»G AFTER-THE-FACT-VARIANCE - NO ACTION
Hr. Jerry Triplett of Triplett Construction Co., Inc., repre-
senting Dr. & Mrs. James Mott, stated that he is requesting that
construction be allowed to continue on Lot 9, Block 1, Section 2, Big
Cypress Golf' Country Club Estates, notIng that an after-the-fact
variance has been applied for.
He advised that that the recorded
plat indicates that the north boundary is 129 , and it is actually
124' .
He stated that he discovered this aftEr the slab was in, the
walls were up and the tie beam was in place, ~dding that when he was
staking out the septic, things looked a "little short", noting that he
stopped construction when the encroachment of 5' was discovered.
He
advised that the surveyor went out to place the house on the lot, and
£il1 was brought in, adding that because of fear that possibly some
of the trucks or equIpment may have moved some stakes, he had the Sur-
veyor come out and recheck the stakes, noLing that the surveyor had
not indicated at either I)f those times that tnere was an encroachment.
COIIIØIissioner Glass stated that the Board cannot grant a variance
today, adding that Mr. Triplett can continue construction at his own
Page 53
0__0"--0__0'
JUNE 14, 1988
risk, or he can delay the construction for three months.
CO8missioner Saunders noted that he is not going to vote in favor
of per.itting ~onstructíon to conti~ue, and then six months later,
vote to tear it down.
He added that the variance procedur~ mechanism
just does not work, noting that people are building in the wrong loca-
tions, putting their swi..ing pools wherever they want, and if they
are stopped, they come before the Board requesting permission to
finish construction, and they know the Board ~ill not tell them to
tear down the structures.
County Attorney Cuyler advised that if t' ere is no affirmative
action taken today, the petitioner is not allo~ed to continue
construction and must go through the normal after-the-fact process, so
that Staff can look at the merits of the variance.
Co8ai.sioner Pi.tor aoved, .econded by Commissioner Hasse and
carried unaniaously, tbat no action be taken.
C0881ss1oner Goo4n19bt aoyed, .econded by Commissioner ae..e and
carried unaniaously, that after-the-tact variances, other than those
that can be adainistratively approved, shall go through the normal
application proce.s.
Xt- 18B
aAKDoLPB CBBSTKU'l' RBGARDI8Q COKPATIBLB PAR~ING ON MARCO LAXB DRIVB -
APPIt(ì'GD
Hr. Randolph Chestnut, owner of Marco Highlands on Marco Lake
Drive, indicated that he is requesting that parking be permitted ió
Page 54
... 115w.[ 189
..,-"--'. ' "
'* 115,....:.190
JUNE l4, 1988
the saae aanner as that of other businesses in the area.
He noted
that a 2 story building is proposed, noting that the bottom floor will
consist of two bays, and the top floor will contain the caretaker's
quarter's which requires 2 parking spaces.
He noted that 8 parking
spaces are required and there are provisions for all spaces on the
si~e, with the exception of the 3 spaces in f: ont, which would allow
the cars to back out, in the same manner as t 1e other businesses in
that area.
County Manager Dorrill advised that Staff does not have a problem
with subject request, other than the present Zoning Ordinance, that
does not permit angular parking.
He stat~d that the entire balance of
subject parcel was built prior to the prohibition against angular
parking, and Mr. Chestnut is merely asking that he be permitted to
lile the normal permits with some acknowledgment on the part of the
Board, that his parking be consistent with the other parking in this
area.
Co8aissioner Pistor aoved, seconðeð by Commissioner Qoodnigbt and
car~ied unaniaously, tbat 3 parting spaces be permitted in the front
or tbe buildinq, to be consistent with other area parkinq.
It.. tee
JEFFREY PUSATERI REOUES'l'I~G Ar'l'ER-THE-FACT VARIANCE - NO ACTION
He. Jeffrey Pusateri of HandCrafted Homes, Inc., representing Dr.
Pal.er, stated that he is requesting an after-the-fact variance so
that he may be permitted to continue to build.
He advised that there
Page 55
""""-,"""""".",
"'-""'."""'~-
JUNE 14, 1988
is a front setback encroachment of 2'-7", adding that the house is 60\
co.pleted, and it takes 3 8Onths to go through the normal process, and
a lot of valuable time is being lost.
He stated that the owner is to
take possession of the home at the end of July and, therefore, is
asking that he be allowed to continue construction at his own risk.
Commissioner Goodnight suggested that the County M~nager review
this petition, adding that if it can be handled administratively, it
should be so done.
County Manager Dorrfll noted that his aut,ority is limited to
ainor errors and ommissions, and he can only lork within a percen~~ge
deviation of what the required setbacks are, adding that Mr. Pusateri
does not fall within that range.
Acting Community Development Administrator Olliff stated that the
process has evolved to the point where the industry realizes that they
can continue to construct, adding that it is much more difficult for
the C~ission and Staff to recommend denial, once the project is
cOt8pleted.
It was the consensus of the Board that no action be taken.
It- f8D
LARRy OOXBS RBOUES'l'I.G A8 AP'l'Za-'l'HE-YACT V~RIANCE - NO ACTIO.
Allorney George Vðrnðdoe alðled Lhen ~()mt.: of Lhese ð[Ler-Lhe-[acL
variances are self imposed, and others arc fairly simple and result
fro. different interpretations in terms of the Zoning Ordinance.
He
noted that subject request is somewhat unique, adding that all the
Page 56
.. 115'Ar,!191
"
I
....,
Ÿ'
property is
JUNE 14, 1988
owned by one entity, Moon Lake Development Co.
He stðted
that the Building Department has indicated that subject lot has two
front yards and, therefore, ð 15' setback is required.
He advised
that, in his opinion, the developer has three pot(ntial ways to solve
the proble1l:
'l'ape "
1-
2.
3.
Request an amendment to the PUD.
File a variance petition.
File for an appeðl of the interpretation of the Zoning
Ordinance.
It was the consensus of the Boðrd thðt no dction be taken.
It- IØE
CRAIG R. WOODWARD REPRESEKTI.G JAKES B. AND SHARON NELSON, REQUESTING
U AI"l'ER-'rD-FAC'l' VAR.IUCE - 'l'EJlPORARY "CO" GRANTED
Attorney Craig Woodward stated that subject home is on the corner
of Sunbird Avenue and Bald Eagle Drive on Marco Island.
He advised
that the original builder went out of business, and another builder
was engðged to co~plete the house, adding that at the time of comple-
tion, a survey was done in order to get ð Certifiçate of Occupancy.
He noted that because the house borders on Sunbird and Bald Eagle,
there has to be two front 8etb~cks of 25' each, adding it does meet
the front setback on Sunbird, but the side of the house only has a
22'+ setback.
He indicated that he has advised hlS client that he must go
through the regular procedure of obtaining an after-the-fact variance,
adding that he is merely requestin~ a temporary Certificate of
Occupancy today, so that the house may be utilized, during the process
Page 57
.,~<.,."..<,_.
JUNE 14, 1988
of the noraal procedure.
CO8aissioner Saunders 8OVed, s.conðed by Commissioner Hasse and
carried unaniaously, that a teaporary "CO" be approved, contingent upon
tbe variance being qranted, with the owner unðerstanðing that be will
be occupyinq tbe bou.. at biB own risk.
...
.ecess 3:00 P.X. - 3:10 P.M. at "hlch time Deputy
Clerk Kenyon replaced Deputy Clerk Hoffman
...
It.. U2A
COtTIITY KAlrAGER 'l'O PROCEED WI'l'B SURVEY REGARDING WIGGINS PASS DREDGING
PROJECT AØD RETU~ TO BeC WITH RESULTS AFTER VACATION PERIOD
CO8Øissioner Saunders stated that he has been receiving a lot of
telephone calls and letters with regards to the funding of this pro-
ject.
He noted that he has no opposition with regards to the dredging
of the pass.
He indicated that a lot of people feel there should be a
referendum vote for the levy of taxation for the project.
He stated
that he feels that it would be in order to discuss this matter and
decide if the project should continue or if it should be placed on the
ballot and let the people in the taxing district decide.
The following people spoke a~ainst the proposed ordinance calling
for a referendum for a taxing distrlct citing the following reasons:
the ordinance alleges that the taxpayers would be paying for manage-
.ent of pollution in Wiggtns Pass; the taxpay~rs would be paying to
protect the boaters safety and the dredging of other channel areas
.
which leaves the taxpayers wide open to almost anything: the ordinance
1* 115 Pl~[ 193
Page 58
----"--"- --",""---,., '
115 pvs.19"
JUNE 14, 1988
does not provide Cor a ceiling or a limit of debt that can be
incurred; the ordinance does not protect the taxpayers and the millage
could constantly be increased; the property owners in the area will
not derive a benefit; Wiggins Pass taxpayers should not be subsidizing
all County taxpayers that use this area;
E8 í 1 y Ma99 i 0
!)( uI)las Mc:^usland
Tap.. '10, '11, , '12
J. A. Schnebelen
G "'ce Blac;kmore
The following people spoke in favor of the proposed ordinance and
the need to have toe channel dredged, but agaInst wai':ing for a
referendum vote before anything is done; they spoke indicating the
need to protect the health, safety and welfare of the citizens of
Collier County; the necessity to keep Wig3Ins Pass open for area
people; the need for a maintenance program for the Pa35 when the pro-
ject is completed: the necessity to keep a safe harbor between Fort
Hyers and Naples: but also the fact that this should De a County-wide
tax:
Jaaes Scarborough
Keith Sowers
Edward Adamsk i
Steve Crawford
James Reitz
Michael Froitheim
Evelyne Lawmaster
Lee Frink
Jcnn ie Smedling
Bill J. Bergan
Col. Philip Ash, Jr.
Ja'¡nc Geller
The following people £poke in favor of ha'¡ing a referendum on this
issue which should be dont' on a CountY-"lldC' basIS as all County resi-
dent. arc entitled to usc the area:
Page S9
-
-
-
---,-.".". "-"..-".,,
JUNE 14, 1988
Glen E. Bernath
Paul Harvey
James Hayward
..... Deputy Clerk Boffaan replace4 Deputy Clerk Kenyon
at 4130 P... wbicb was in the mi4dle of this item *****
Newton Howes
Pa t Pilcher
Co.øissioner Glass asked County Manager DQrrill if he believed,
that with the direction given to the Wiggins Pass Advisory Board, and
other input, if he and Staff could come up wi h a valid informational
base, in which the Board could make a decisio1?
County Manager Dorrill stated that he would suggest that a third
party conduct a survey, as opposed to anyone Jr any group that may
have a biased opinion, adding that if it is the Board's desire to have
Staff develop a survey document, this will be provided
Coa8issioner Saunders no~ed that he feels that if a fair poll can
be conducted by the Advisory Board, and the Staff working with them on
the issue, he will be satisfied, rather than going through the
referendU1ll.
He noteà that he agrees with Mrs. Maggio, that the
Ordinance needs some fixing, i.e. there are other channels that can be
dredged, no time limit, etc., adding that he feels these items should
be addressed when the Board returns from vacation.
Mr. Harvey stated that the WiQQins PaS9 AdvisQry Committee is
short one member, and is requesting that the Board appoint another
8eabee as soon as possible so that they can move along and do their
job.
~
CO8missioner Glass advised that if the County Manager and Staff
Pðge 60
aooc 115 Plr.~ 195
.. 115w.ll96
JUNE 14, 1988
oversee that an official questionnaire is mailed out, returned and
tabulated under the guidance of the Manager, there will be a fair and
unbiased hearing.
COaaissioner Glass aoved, seconded by Com,issioner Saunders and
carried unaniaously, to proceed with a survey as indicated, with the
County Kanager overseeing, collating, and pre .enting the survey to the
Board upon return frea vacation.
No emergencf will be declared at
this tiae.
...
aecess 4:50 P.M. - 5:00 P.M.
.."
It.. ItAl
DISCUSSION RE SHELL WESTE~ SEISHIC TESTING PERMIT - NO ACTION
County Manager Dorrill advised that in response to previous Board
direction, expediting the Shell Western permits and waiving the adver-
tieing requirements, the petitioner is willing to wait until the
Board's return from vacation, so that he will be able to go through
the normal permitting process.
Coøøissioner Glass questioned why th~ Environmental Advisory
CO88IIittee did not review the Shell Western PerrT11t?
Mr. Olliff advised that three members of the committee were pre-
sent.
He noted that one member is a member of the Parks Service, and
abstained from voting due to a conflict of ín_er~sl, thereby, elimi-
ninating a quorum.
Commi,sioner Glass stated that the Shel Wc3lcrn issue will be
looked at when the Board returns from vacðtion.
Page 61
JUNE 14, 1988
xt- "A2
ADDbuuJl 'fO COJI'1'UC'l' WI:TJI PLAJlTZC CORPORATION (REYNOLDS, SKITH AND
lULLS) - APPROVED
Acting Community Development Administrator Olliff stated that the
intent originally was to extend Plantec's con~ract to include several
ot the upco.ing .eelings.
He ~~ted that Staff has made the decision
that they will stand alone, during future me~_íngs, and Plantec will
not be required to attend any additional meetings.
He added that he
would like the contract a.endment to be approved, adding that there
are 8O8e outstanding payments th-t need to be made, in addition to
today's aeeting.
CO8a!ss!oner Haase aov84, .econded by Commissioner Saunders and
carried unaniaoualy, to approve the contract addendum.
Page 62
aooc 115 "'f,t 197
" >"--'-'--~,
JUNE 14, 1988
It- "81
STA'1"D8 REPOR'l' 01' '1'BB LEA8IIfG 01' 'l'HE MARCO ISLAND LIBRARY Am>
IlECOJOœJrDA'l'IOIl TO Pt1RBUE MUEHEn - APPROVED
County Manager Dorrill stated that the new Marco Island library
will be completed within the next month, adding that Staff has been
trying to determine the status of the exinting library.
He noted that
proposals have been solicited, adding that he is not happy with either
of thell.
He advised that one proposal was that the County operate a
8Useua on behalf of the Boaró of Realtors on Marco Island: another
proposal was submitted by the Art League, which was a lease for $1 per
year for 30 years.
He asked for authorization to approach the two
above-named firms to ascertain if they have any interest ~bove what
they originally expressed, and if so, he will present the revised pro-
posa1s to the Board upon return from vacation.
He indicated that if
there is no interest, his recommendation will be to declare the pro-
perty surplus, and sell it at public sale.
C088issioner Pistor stated that he hopes Mr. Derrill will be able
to come back with a better agreement, adding that he has mixed
feelings about selling the facility.
lie noted LhðL Lhe properly was
deeded to the people of Marco Island, and eventually t~rned over to
the County, and the library was built with 1/3 of the ~eney contri-
buted by the residents of Marco, 1/3 by the Friends of the Library,
and 1/3 by the County.
Co8ai.sioner Gla.. ao-,ed, .econded by Commissioner Pistor and
a. 115,.,.,£201
Page C53
,;."~
, ',.. -
~
¡,
1""
"
,..-
~ 115 ~ 202
Jtnœ 14, 1988
carried unani8OUsly, that tbe county Manager pursue revised proposals
for tbe Karco Island Library.
It.. ftS2
AK2.~ ~ 'l'KB SOLID WABTZ FRA8CHISE AGREEMENT WITH MARCO DISPOSAL,
ABSIGJIY.O SAKE TO WASTE MAJlAQEJŒJI'l', IRC. - APPROVED
Public Works Administrator Archibald notcd that due to health
reasons, the principals of the current Marco Disposal, are requesting
assign8ent of their franchise to Waste Managemcnt, Inc.
He advised
\
that Staff has met with the principals from both companies, to con-
sider the terms of which the addendum would be written, noting that
al1'parties have agreed that the assignment would include conditions
which would remain status quo for franchisc activities and also status
quo for rates.
He noted that based upon that criteria, Staff prepared
the addenduø, and are recommending assignment of the franchise, in
accordance with the request of the franchisee from Marco Disposal to
Waste Manage.ent, Inc.
He noted that the franchise term is through
Septeaber, 1990, adding that at that time, the service would be adver-
tised for competetive bidding.
'l'ape 113
C088i..ioner Pi.~or aoyed, .econded by Commissioner Ha.se and
carried unaniaou.ly, ~o aQcep~ ~he recommendAtion of Statt ~o approve
tb. ...ndaent to tbe SoliO Waste Pranchise Agreement.
SEE PAŒS SS6 A tbJr SS6 D
Page 64
-
-
-
JUNE 14, 1988
It- ItS3
FIJIAL PLA'l FOR At7DOBO. COVJITRY CLUB, tTHIT 1 - J\PPROVED
Public Works Administrator Archibald stated that subject project
is the Audubon project between Vanderbilt Drive and U.S. 41.
He noted
that it has been subject to review by staff relative to the construc-
tion plans 8eeting the subdivision requirements, and an agreement has
been prepared, in addjtion to the appropriate Letter of Credit to pro-
vide security.
He advised that the fina! agreement has not been
reviewed by the County Attorney's office, adding that he is requesting
Board approval of the recording of the plat, and approval of
a9ree.ent, subject to final review by the County Attorney.
CO88dssloner Saunders aoyed, seconðeð by Commissioner Hasse and
carried unaniaously, to accept Statt'. recommenðation regarding the
approval of tbe tinal plat of Audubon Country ClUb, Unit 1, subject to
approval by the County Attorney's Office, and also approval of the
CoDJItract:lon and Jlaintenanc8 Aqre..ent.
Page 65
IGOr 115 W,E 203'
""
NO( 115 W.t 212
JU1Π14, 1988
It.. un
COJ8TR.AC'l' FOa TURJrDY COKSnUC'l'IO. A1ID ACQUISITION OF DEVELOPJŒJfT
SERVICES BtJILDIXQ WITH COLLIER DEVELOPMENT CORPORATION AND RELATED
LEASE OP'fIO1I A1ID LAJrD APPRAISALS - APPROVED
eo..issioner Saunders commented that he still believes the
building should be constructed on the grounds of the Government
Center, suggesting that the Commis~¡on vote against the recommen-
dation, and direct Staff to come back with a facility on these grounds
which would take care of the County's needs for several years.
C088issioner Hasse concurred with Commissioner Saunders, adding that
he Ceels that having a centralized operation [rom the government
CO8p1ex is of utmost i.portance, adding that the acquisition of the
property directly to the east of the complex would be the most
advantageous to the County.
Co88issioner Pistor noted that there has been discussion at great
lengths regardin~ the subject, noting that Staff has considered the
financial end of it, adding that he also would like to see everything
on the government complex, but it does not seem possible to accomplish
it in an orderly ti8e basis.
He further noted that there would be
th~ee structures going up in a very small are3.
He stated that all
the studies that have been done by Staff should not be cast aside, and
he feels that it is time to move ahead.
Assistant County Mana;er McLemore advised that request is being
aade for approval of subject documents, which have been reviewed by
the County Attorney, so that the project can get underway.
Page 66
"~,,--_.. '"
JUNE 14, 1988
eo..issioner Pis tor stated to continue delaying this project, when
the Board has asked Staff to improve public relations, is irrespon-
sible.
He stated that the County has the opportunity to have an ade-
quate sized building prepared, with ample parking, noting ~hat
acquiring the property imøediately east will only add to the parking
problell.
County Attorney Cuyler advised that Page 1 of the Design/Build
Agreeaent includes a list of all the Contract Documents, i.e. General
Specifications, Request for Proposal, Proposal by the Developer,
Purchase and Sale Agreement, etc.
He stated that the Design/Build
Agreeaent takes care of the construction of the building; the Purchase
and Sale Agreement allows the County to buy the finished product.
further advised that he has also included an Option Agreement, as
He
requested by the Board, and two Schedule "A's", one is for the
Develo~nt Services Parc~1 and is an Attachment to the Purchase and
" ,
Sale Agreement, and the other is the legal description of the pro-
perty, subject to the Option Agreement.
co.ais.ioner pistor aoved, seconded by Commissioner Goodnight, to
approve tbe docuaent. for the Option For Purchase and Sale,
oe.lqn/Bulld Agre..ent, Scbedule "At, and the two appraisals.
Upon roll call, the .ote was as follows:
CO8ai.sioner Pistor Aye
CO8ai.sloner Goodnigbt Aye
CO8ai..ioner Baa.e ,,~
CO8ai.sioner Saunders ~
Co8a!ssion8r Gl... Aye
:u- UF3
"
of
Page 67
HOC 115m£213'
.. 115,v,¡252
JtnO!: 14, 1988
COflftl KAnan '1'0 IIEOO'l'XA'l'Z '1"D n 89 BEACH PJ,RJtING BUDGET SUBMITTED
BY 'nΠCI'l'Y OF JlAPLBS - APPROVED
County Manager Dorrill stated that he is requesting authorization
to subait a revised proposal to the City of Naples, as it relates to
the City's 1989 Beach parking Agreement.
He noted his concern that
the City has expanded next year's agreem~nt outside of the lines and
scope and intent of the original agreement, specifically, their desire
to add administrative non-beach or park related overhead into the
expense for next year, beach renourishment costs at Lowdermilk Park,
and tiaber groin removal in front of private property.
He stated that
the City also has an obligation to provide the County with their
actual year to date expenditures and revenues, and the County is
required to respond to _he City by July I.
coaaission8r Saunders aoved, .8conðed by commissioner Goodnight
and carried unaniaou.ly, tbat tbe County Manager negotiate the FY '89
Beach parking BUdget subaitted by the City of Naples from a basis con-
sistent with tbe intent of tbe 1988 Agreement and a more thorough
review of expenses and revenues.
It. 'lOA
OOU8'l'Y ATTO~ '1'0 KAXB STA'l'O'l'ORY OFFER OF SETTLEMENT IN THE AMOUNT OF
'25,000 RB CAKKAK, £T. AL VS. AVATAR AND COLL¡ER COUNTY - APPROVED
County Attorney Cuyler stated that he is recommending that a
Statutory Offer of Settlement in the amount of S25,000 be made to all
seve~ Plaintiffs in the subject case.
He noted that the purpose of
the Statutory Settlement, is that if the Plaintiffs fail to receive an
Page 68
JUNE 14, 1988
"
award within 25\ of the settlement offer, the Court usually imposes
.'
certain sanctions with regards to fees, cost~1 et~.
He ...dvjsed that
this a80unt would be paid by insurance, adding that there will not be
any out-of-pocket expenses.
Co8aia.ioner Pi.tor 8oved, seconðeð by commissioner Goodnight and
carried unaniaou.ly, that the County Attorney make a statutory Offer
of Settl..ent in tbe aaount of $25,000 in the case of Cannan, at. ale
va. Avatar an4 COllier county.
It.. flU
BOÐw~ ~DKE~8 88-287,88-303, AND 88-305/306 - ADOPTED
c088i88ioner Piator aoved, seconðeð by commissioner Saunðers and
carried unaniaou81y, that Budget Amendment 88-287, 88-303, and
88-305/306 Þe adopted.
It- 'l1C
APPLICATXo. FOR FISCAL TEAR 1988-89 STATE REVENUE SHARING - APPROVED
coaaissioner Goodnight aoved, seconðeð by commissioner pistor an~
carried unaniaously, that the Chairman execute the state Revenue
Sharing Application for Fi8cal Year 1988-89.
I'
'.
.,
Page 69
lOOt( 115 p~~~ 253
Jt11Π14, 1988
tUB
ULY ncm SCHOOL Ut1JIIO. A'l' FRAJß I. BCJeLI PARK ON 6/19/88, WITH FEE
AJID XJrS1JRAJICB REQUIRZJœJI"lS WAIVED - APPROVED
eo..issioner Pistor advised that he had a request from a lady of
the Lely High School Class of 1978, for use of the Frank E. Mackle
park for the 10 year class reunion.
He stated that the park is not
opened on Sunday, adding that he feels all the County parks should be
opened 7 days a week, with Sunday hours from l:OO P.M. - 6:00 P.M.
Public Services Adøinistrator O'Donnell stated that the reason the
~ity center is not staffed on Sunday, is that the demand for use
of the facility has been very low.
County Manager Dorrill stated that if the Board desires to know
the cost to operate all the County parks 7 days a week, it will be
presented as part of the budget.
be opened for the class reunion.
He further stated that the park will
Mr. O'Donnell noted that due to the size of the group to be using
the park for the reunion, there would be insurance requirements, pur-
suant to the Policy for rental of the facility, adding that Staff has
no objections to waiver of the insurance requirements, due to the
nature of the group to be usi~g the park.
CO88is.ioner pistor aoved, seconded by commissioner Hasse and
carried unaniaously, that tbe Frank I. MackIe Park be used on June 19,
1'.., for the Lely Bigb 8cbool Cl... of 1978 Reunion, witb tbe fee and
iDaurance requir..enta beinq waived, with further review of the policy
reqardinq all County Parka beinq ~ned 7 days a week.
Page 70
,,--------'. >
JUNE 14, 1988
It- IUD
1°' IJICJlEABB '1'0 COt1Jl'1'T KAJlAGER t 8 COJITRACT, RETROACTIVE TO CONTRACT
DA'l'B ARD $125/MO8TB FOR PETTY CASH EXPENSES - APPROVED
Chairaan Glass stated that initially the County Manager was
e.p10yed at a lower base rate than would normally have been applied.
He noted that after carefully considering all factors, he is recom-
8ending a 10\ increase to his salary.
CØ8ais.loDer pi.tor aoved, .econded by commissioner Goodnight, to
iDcr...e tbe County lI&nagert. .alary by 10\.
Chairaan Glass noted that he is also requesting a line item budget
of $125 per .onth for petty cash for the Manager's office.
eo..issioner Saunders stated that he feels Mr. Dorrill has done a
fine job, but that 10\ is a little high, and he feels that 8\ would
bring the Manager's salary up to $72,280, which is a very good salary
for a second year Manager.
He added that he does have a problem with
the $125/80nth for petty cash.
County Manager oorri11 advised that the $125/month resulted from
discussions he has had with Clerk Giles, noting that many times it is
necessary to purchase coffee and donuts for various functions, working
lunches, plaques for retiring employees, tee-shirts, etc., adding that
these iteas are currently paid for out of pocket, and then go through
an after-the-fact process.
'I' ape . 14
Jf.J¡
carried ~ (commls.1oner,
lvJ~ ~
/7')L--:rrt..<J 7/ /1,In àfC.ld.c..,.
Upon call for'tbe que.tion, tbe .ótion
page 71
tOOl( 115w.[271
í'
,
~;
~,
ff . .. n 5 PIl1. Z72
t;
Jun 14, 1988
~ ,saunders opposed).
CO88t.sioner Goodniqht aoved, seconded by Commissioner Pistor and
carrie4 unania0u8ly, that the 10\ increase be retroactive to the
COAtract date.
x~ '12B
RE8OLO'l'I~ 88-148, CALLI~ Faa A aEYERENDUM RE ANNEXING VINEYARDS INTO
'1'JΠJIOR'l'JI DPLES FlU COJITROL DISTJtICT - AOOP'I'ED
County Attorney Cuyler stated that the Vineyards petitioned North
Naples Fire Control District to have their area added within that
district, noting that they approached the Legislative Delegation, and
it requires a referendu. vote.
CØ8aissioner pistor 8OVed, seconded by commissioner saunders, and
carried unani8ously that aesolution 88-148, calling for a referendum
reqardinq aDDexinq tbe Vineyards into tbe North Naples Fire Control
District be adopted.
Page 72
~
HI( 115 rar.l Z16
JUNE 14, 1988
...
~e followiaq it... .ere approved and/or adopted under the Consent
Agenda by action of C088issioner pistor, seconded by Commissioner
Saunders and carried unaniaously:
It.. 114Al MoTed to It- 19A2
It.. 114Bl
SALES ~ AXD S'l'A'l'VTORY DEED aE SALE OF PROPERTY IN GOLDEN GATE
ZS'l'A'l'BS - TO'l'AL SAL8 $48,630.00
:It - I 14 B 2 See Pages -Â-Ý:A - .;l ~ S"
LUMP SOX CO~ I. 'l'BE AKOUWT OF $422,466 WITH JOHNSON ENGINEERING,
IJIC. FOR Fan LAJlIJfG AJID BUIL'l'-O1rf IHPROVEMEN'I'B TO C. R. 951 BETWEEN
u.S. 41 and S.R. 84, RFP 81-1151
See Pages
..a..? (, - . ::J ~ "J S
It- t14B3
COJISTJtOC'l'IOJI AIID D.DI'rZDJIC'8 MUJDmJIT RE COLLIER COt1NTY PRODUCTION
PAIUt, PItAS.l-B
See Pages
~s'--..asr
It.. 'UB4
noR.'!' LIS'l' OF CO.SUL'l'A1ft'S, COJITRAC'I' TO W. LAKAR EVERS, INC. AND
TRAKSPORTATIO. DEPARTXEXT TO ~GOTIATE A FEE WITH BAKE FOR
PROFESSIOXAL LABD SnVEY SERVICES RE NORTHERLY EXTENSION OF SANTA
BARBARA BLVD. FROM GUn BLVD. JIORTH TO LOGAN BLVD. AT JUNCTION 14TH
A V D U I SOtmnrZS'l'
It- '14B5
~FER OF FOWD8 .I'l'BI. ~ 1981 WATER MANAGEMENT C.I.P BUDGET (FUND
325).
It- tun6
USOL1rfIO. 81-149, APPROVIIIG V'l'ILITY EASEMENT FOR TRACT A, BLOCK C,
COCOJf1J'f OROVB UJlI'J" 110. 3, (GUAVA DRIVE)
See Pages
..a", - .3~
It- '14B1
Page 73
,"_." ,.-,.",--,.",,"
Jtnœ 14, 1988
BID '.8-1251 U UPAIII'l'I.G OP CELL BLOCK WINDOWS IN BUILDING "J" TO BE
BID A'l' A LAnR DAn
Itea '1488 - Køved to It.. "B3
It.. '14B'
COtl..u JO.JIAQD '!'O ZDCtJ'l'B COJITRAC"l' 1M THE .ABSENCE OP T7ΠBCC paR
ARCBI'l'BC'l'VRAL SERVICES POR PROPOSED .AGRICULTURE CENTER WITH SCBHITT
DESIa ASSOCI.ATES, I~.
It- '14B10
FXKAL PLA~ A8D ~S'l'ROC"l'IO. AWe MAINTENANCE .AGREEMENT OP SUBDIVISION
DlPROV ~d8 POR PZLICAJr BAY, tTlfIT 8
See Page.
..3&'t, - .3 7 ð
It- '14Bll
FIXAL PLAT AWe ~8TROC"l'I08 AWe MAIJfTENANCE AGREEMENT OP SUBDIVISION
IJœJtOV'EKE1n'S FOR PZLICAJr BAY, OJfIT ,
See Pages ~? / - ..3 7 .3
It.. 114B12
FXKAL PLA'l' AWe 008S'l'RUC'l'IO. A8D MAINTENANCE AGREEMENT OF SUBDIVISION
IHPItOVEJœJl"1'S POR VILLAGES OP JIOIlTEREY .AT WOODBRIDGE
See Pages
~?4l- .3?¡
It.. f14B13
AGUEJŒ1IT WITH WILBO., MILLER, BARTON, SOLL , PEEK, INC., NOT TO
EXCEBD $15,000 POR EJfGI~ERI.G SERVICES IN DEVELOPING .A ".ATER AND
SEWER KASTER PLAØ POR THE COLLIER COUNTY GOVERNMENT CENTER
See Pages N:7Œ: 0CClI£Nr N'Jf RECEIVED IN Q..ERK TO BOr\RD omœ AS
OF .1lLY 5, 1988
It- f14Cl
~ CAJrCELLA'l'IO.S OP HBLZX G. POHLE AND SCOTT WOOD UNDER SERVICES
PO. SDIOU QRAII'l PROGRAX
It- '14C2
cowraAC"1' I.CRBAS8 I. THE AKOUBT OF $12,000 TO OLDER AMERICANS ACT
~I'1'L8 111-8 PROGRAM CO~ WI'l'B QUEEN FOR A DAY, INC.
I- 1151'Ar:r 277
Page 74
'-' .,,-, '-"'-' "
.. 115rw.Z78
See Pages ~ ~ - .3 ?3
JUNE 14, 1988
xt- 11401
tJ'fYLrrY EAS~f AGRE~Jt1'S U 'l'JΠEAST AND SOUTH NAPLES SANITARY
BOER COLLBCTxmt SYSTEM
See Pages
.31 ~..: 6"39
x~ '1402
See Pages OaR. JDI{ 1358. P~ 88-89
ACCEP'l'AJICB OJ' KOJITB CARLO CLUB COIfDOMINIUH WATER FACILITIES
It- U4D3
ACCEP'l'AJICB OF QttEEKS PARK LAGO VERDE, PHASE II - WATER FACILITIES
See Pages O,R. BXIC 1358 Pages 72-87
It- U4Bl
BDXIJIA'l'IOli or 'l'BB 811PFICIEKCY OF BONDS OF COUNTY OFFICERS
I~ furl.
nXVBR or SOlID REQUIR.ZIŒJI'f DCZSSARY FOR THE USE OF COtnCTY PROPERTY BY
'I'D GOwn GAD BUSI1IZS8 ASSOCIA'l'IOIf FOR THEIR ANNUAL "FROIfTIER DAYS
CZLZBRATIOIf' (OC'l'OBD 14-U, 1988)
It- fURl
CZR'l'InCATZ8 FOR COJUtECTIO. 'l'O THE TAX ROLL
1987 Tangible Personal Property
Nos. 1987-124/126
1986 Tangible Personal Property
No. 1986-253
It- '14B2
BXrRA GAl. 'l'IKB FOR IKKA'l'Z 808. 41888 AND 46467
xu. fUB3
..
-
DoLed 6/1-7/88
Dated 6/2/88
paq.75
I
¡
..
~c_c.,.
JUNE 14, 1988
SATISFACTION OF LIENS RE PUBLIC DEFENDER
See Pages ..5 I/. ð - ..sSe,
xu. '14.
1lI8CZLI.AIŒOU8 CORUSPOWEJlCB
The following correspondence was filed and/or referred to the
various departments as indicated below:
1.
Letter dated 06/01/88 from Douglas L. fry, Environmental
Manager, DER, enclosing short form application (File No.
111500225), which involves dredge and fill activities.
Referred to George Archibald, Neil Dorrill, Ed Proffitt
and filed.
2.
Letter dated 06/03/88 from Douglas L. Fry, Environmental
Manager, DER, enclosing short form application (file No.
ll1501035), which involves dredge and fill activities.
Referred to George Archibald, Neil Dorrill, Ed Proffitt
and filed.
Memorandu. dated OS/26/88 to Sherry Rynders, Risk Manage-
ment Director, from Ronald F, Cook, CPA, regarding Workers
Compensation Insurance Interim Financial Statements for
the period ended April 30, 1988. Referred to BCC, Lori
Zalka and filed.
3.
4.
Memorandum dated OS/27/88 to Dan Puchcr, Fleet Management
Director, from Ronald F. Cook, CPA, regarding Fleet
Management/Motor Pool Interim Financial Statements for
the period ended April 30, 1988. Referred to BCC, Lori
Zalka and filed.
5.
Received 06/07/88 verification of payment for Collier
County Sheriff bill for the month of May, 1988, Contract
IHE5l4 in the amount of 5685.44. flied.
6.
Memorandum dated OS/26/88 to All Taxing Authorities, from
William F. luna, Director, Division of Ad Valorem Tax,
Florida Department of Revenuc, rcgardlng 1988 "TRIM'
Calendar 1988-1999 narrative THIM calendar and flowchart.
Referred to Neil Dorrill, Lori Zalka and filed.
Page 76
a,* 115 PI'.r 279
.. 115 rI(.( 280
10.
12.
13.
JUNE 14, 1988
7.
Letter dated OS/25/88 to James C. Giles, Clerk, from
Noraan E. Feder, District Director, Florida Dot, Planning
, Prograu, enclosing Notice of Public Hearings and
Tentative Five Year Transportation Plan July 1, 1988 through
June 30, l~93. Filed.
Letter dated 05/31/88 from Dr. Jane Polkowski, M.D. and
Roger Evans, Business Mgr. II, regarding fiRS Collier County
Public Health Unit Quarterly Report. Referre9 to BCC,
Neil Dorrill, Kevin O'Donn~ll and filed.
8.
9.
Letter dated OS/25/88 from Charles W. Flynn, Lopp10w &
Flynn, P.A., advising that they arc representing Sandra
Jean Beasley and the estate of James M. Beasley, Jr., for
da.ages arising from 06/25/88 accident. Referred to Ken
Cuyler, Sherry Rynders, Sheriff Rogers ard filed.
Minutes - Filed
06/08/88
05/12/88
05/03/88
05/l8/88
05/04/88
05/19/88
OS/25/88
- Water Management Advisory Board Agenda
- CCPC , 01/16/88 BCC Growth Mgmt. Workshop
- Marco Island Beautification Board
CCPC Citizens Advisory Committee
- 05/11/88 , 05/18/88 - City of Naples
- Collier County Planning Commission
- CCPC Citizens Advisory Board
Letter dated 05/31/88 to Clerk of BCC from Gary L. Moyer,
P.A., enclosing on behalf of Port of the Island Community
I.proveaent District, Ord. No. 86-64 and Resolutions 87-1
through 87-8. Referred to Mary Morgan, Ken Cuyler and
filed.
Letter dated 06/01/88 from Erce11 and Mary Bishop, 3173
Barrett Avenue, Naples, Florida 33962, protesting the cost
of assessment for East and South Naples Sewer System.
Referred to BCC, Tom Crandall and filed.
Page 77
"-,,-",,,
JUNE 14, 1988
...
There being no further business for the Good of ~he County, the
8eeting was adjourned by Order of the Chair - Time: 5:45 P.M.
, ...
",.,,-- .. ". "
. '-,)1 ,~U'O~' ,
...' '7- v,l',
... .' - ,
,.'" 0" - - (". ,
':~1: "4' ~
-,: " , Co- eIIis,!ÇLERK
- :éJ' I" ,-
,._..,.('~-...." '};-'
,_..7. .,
. ... .' , ' .-,'" "',
.. . .. .,"'" c
..'.". ~."',,_-.'
, "," '
BOARD OF COUNTY COMMISSIONERS/
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS
CONTROL
&...~ ~,¿.. ~
ARNOLD LEE GLASS, CHAIRMAN
as presented
£lCt
opproved by the Boo r don 4..7"< t;, (.? F r
or as corrected ~ ,~~.,Z 7)
tOOIC 115 mE 281
Page 78