BCC Minutes 01/26/1988 R
-.--
Naples, Florida, January 26, 1988
LET IT BE REMEMBERED, that the Board of County Commissioners 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 lðw and having conducted business
herein, met on this date at 9:00 A.M. in REGULAR SESSION in Building
"F" of the Government Complex, E!st Naples, Florida, with the
following members present:
CHAIRMAN:
Arnold Lee Glass
VICE-CHAIRMAN:
Burt L. Saunders
John A. Pistor
Max A. Hasse
Anne Goodnight
ALSO PRESENT:
James C. Giles, Clerk; John Yonkosky, Finance
Director; Maureen Kenyon and Ellie Hoffman, Deputy Clerks; Neil
Derrill, County Manager; Ron McLemore, Assistant County Manager: Tom
Olliff, Assistant to the County Manager; Ken Cuyler, County Attorney:
To. Crandall, Utilities Administrator: George Archibald, Public Works
Administrator; Kevin O'Donnell, Public Services Administrator: David
Pettrow, Community Development Administrator: Ann McKim,
Planning/Zoning Director; David Weeks, Dwight Nadeau, and Robert
Duane, Planners; Bill Lorenz, Environmental Science and Pollution
Control Director; Nancy Israelson, Administrative Assistant to the
Board; and Deputy Chief Ray Barnett, Sheriff's Department.
Page 1
'* 111 PAr~ 146
toO( l11w.t151
JANUARY 26, 1988
Tape 11
It.. 13
AaEBDA - APPROVED WITH CHANGES
CO8ai8.ioner Goodnight moved, .econded by Commi..ioner Ha..e and
carrie4 unanimously, that the agenda and the con.ent agenda be
approved with the following changes:
a.
Addition of Item 'PI r. di.cu.sion and approval ot travel tor
Building Permit Committe..
Addition of Ite. 12C re Board authorization to execute paper-
work for Department of Community Affair. Grant.
b.
c.
Itea 14B3 moved to Ite. 9B3 re recommendation to adopt a
resolution awarding Certificate. of Public Convenience and
.ecessity to Peathers Limousine Service and Clas.ic Taxi.
Aððition ot Ite. 12D re resolution recognizing the secretary
ot Transporation'a trip and the continued cooperation with
Collier County.
d.
e.
Bote of interest:
An Ethics Seminar at 9:00 A.M. at the Regiatry and then at
2:00 P.M. there will be Leqi.lative Delegation hearinq in
the Boardroom.
An organizational workshop at the Courthou.e at 7100 P.M.
this evening.
Offer extended to Jame. aeardon of Kalamazoo, Michiq&D to
become County's Emergency Service. Adlliniatrator, which
will be formally presented on the agenda ot February 2,
1988.
I tela' SA
EMPLOYEE SERVICE AWARDS - PRESENTED
Commissioner Glass presented Employee Service Awards to the
following employees:
Page 2
"
JANUARY 26, 1988
Joseph Magri, Building Code Compliance
Gregorio Flores, Road & Bridge
Gary Hamm, Road & Bridge
Abel ?amos, Road & Bridge (not present)
lO years
5 y~aCtt
5 years
5 years
It.. t7Al
PB?ITIOø V-87-16C, HR. JOHN SLOCUM REPRESENTING HR. 'HRS. aLEX R.
JOHR80R, REQUESTING ~ V~RIAKCE FOR A PROPOSED ADDITION TO AX EXISTING
STRUCTURE O. POLYNESIA COURT, MARCO ISLARD - DENIED
Legal notice having been published in the Naples Daily News on
January 10, 1988, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened to consider Petition V-87-l6C,
filed by Mr. John Slocum representing Mr. & Mrs. Glen R. Johnson,
requesting a 6'4" variance from the required rear yard setback of 25'
to le'8" and a 2' variance from the required rear yard setback of 25'
to 23', both for a proposed addition to an existing structure for pro-
perty at the north end of Polynesia Court, Marco Island.
Planner Weeks stated that this variance is to allow a building
addition to a single-family residence.
He noted that the property is
zoned RSF-3 and is an odd shaped cul-de-sac lot.
He stated that it
contains 16,000 square feet WhICh exceeds the required lot.
He indi-
cated that the buildable area is adequate for an addition, but with
the proposed addition, there will be an encroachment in two places.
He noted that the proposed addition is a deck and canopy at the second
floor level.
He noted that staff does not find a land or structural
related hardship on this property dispite the irregular shape and,
therefore, recommend denial.
&OO( 111 Plr.~ 152
Page 3
lOOt 1111'1".r.153
JANUARY 26, 1988
Mr. Gle~n Tucker, Attorney, representing the Petitioners, stated
that the intent of the Zoning Ordinance is to promote public safety,
convenience, comfort and protect the health and welfare of Collier
County residents.
He slaled that he realizes that the County cannot
pass an ordinance that deals with every piece of property in Collier
County, adding that thi~ property is unique due to its size and shape.
He noted that this property is prime waterfront property and is con-
sistent with other property layouts and values and is developed in an
aesthetically pleasing manner.
He noted that the architect felt that
this .ínor encroachment would not affect the neighbors as it would be
done in an aesthetically pleasing manner and would not detract from
the goals of the area.
He noted that he feels that this is a minimum
variance and would not obstruct anyone's view nor would it create any
hardship on anyone in the r,¿ighborhood.
He noted that there would be
no purpose served in denying this petition.
He stated that he is
requesting approval of this petition, adding that it would be con-
sistent and would follow t~e intent of the ordinance.
Coœmissioner Pistor stated that he feels that the walkway could be
narrowed down and the whole addition shifted back so that it would not
interfere at all with the encrcachment.
He indicated that in his opi-
nion this is not a minor variance.
He stated that by the Board of
County Commissioners granting this petition, they would be encouraging
the right to violate deed restrictions on Marco Island, adding that
this proposed addition c~uld not be built without approval from thE
Page 4
JANUARY 26, 1988
review com8ittee on Marco Island, which has not been granted.
County Attorney Cuyler stated that this petition is based on the
Zoning Ordinance, adding that Mr. Tucker's client may have a problem
with the deed restrictions, but this is not the concern of the Board.
Coaaiasioner Hasse moved, seconded by Commissioner Goodnight and
carried unani.oualy, that the public hearing be closed.
coaais.ioner Hasse moveð, seconded by Commissioner pistor and
carried unaniaously, that Petition V-87-16, Mr. , Mrs. Glen R.
Johnson, be ðenied.
It.. 17Bl
RESOLUTION 88-31 RE PU-87-22C, THOMAS E. KUCK, REPRESEKTIKG HIGHWAY
PAVERS, IBC. JœQUESTIKG PROVISIONAL USE FOR A PORTABLE ASPHALT
COIfCRrrE PLAIfT EJl.ST OP C.R. 951, SOUTH OP S.R. 84 - ADOPTED
Planner Duane stated that this request is for provisional use "0"
of the A-2 District for a PQrtable asphalt concrete plant for property
located approximately 2,435 feet on the east side of C.R. 951 approxi-
.ately 2 miles south of S.R. 84 (Alligator Alley), in Section 11,
Township 50 South, Range 26 East, !80 acres.
He noted that all
surrounding lands are zoned A-2 with provisional use for eart~ mining
and ~ll surrounding lands are undeveloped.
He indicated that staff
has reviewed this request and has determined it to be in compliance
with the Comprehensive Plan.
He reported that staff finds the loca-
tion appropriate and recommends approval subject to the stipulations
in the staff report.
'rape '"'
Page 5
aoo( 111 ,.ar,~ 154
tOOt 111 nr.t.l55
JANUARY 26, 1988
Plann~r Duane noted trot one of the provisions states that the
plant must set back 500 fe~t from any property line, adding that there
are 330 acres and with the setbacks required, there will be minimal
impact on adjoining properties.
He noted that this provisional use
will expire in five years and will give staff an opportunity to review
the petition again at that time.
He noted that the CCPC reviewed this
petition and recommended approval with an additional stipulation
regarding hours of operation.
He noted that there has been no
correspondence received for or against the petition and staff recom-
mends approval subject to the stipulations contained in the Executive
Summary.
Mr. Tom ~uck, repre5en~ing Highway Pavers, stated that the peti-
tioner agrees to all stipulati~ns and development standards.
c088issioner Goodnight ~oved, seconded by co..issioner Pistor and
carried unaniaously, that Resolution 88-31 re PU-87-22C, Tboaaa B.
~uck, representing Highway Pavers, Inc. requesting provisional use tor
. portable asphalt concrete plant east of C.R. 951, 80uth of S.R. B4
be adopted.
Page 6
800C 111 '1~[ 163
JANUARY 26, 1988
It.. UA
DISCUSSIOB BY GOLDEN GATE AREA TAXPAYERS ASSOC. RE SALE OF TRACT 81,
UKIT 99, GOLDEH GATE ESTATES - PUBLIC WORKS ADMIH. TO RETURN WITH FULL
REPORT REGARDIJfG THIS MATTER
Mr. Joe Grimm, Director of the Golden Gate Area Taxpayers
Association, stated that this discussion concerns the 1,lOO acres of
land to be donated by Avatar Properties, Inc.
He noted that there is
one specific parcel, Tract 81. Unit 99, that was conveyed to DOT for
use as a right-of-way by Avatar Properties.
He noted that this parcel
was part of the 1,100 acres that was to be conveyed to the County, but
was sold by Avatar to DOT.
He indicated that there is no documen-
tation available that indicate~ what actually transpired with regards
to this parcel nor is there anything available that indicates the size
of the parcel.
He stated that the County Attorney gave up the deed so
that this parcel could be sold to Avatar and there was some money put
into the Trust Fund.
He noted that any parcel sold is subject to an
HAl appraisal and subject to the approval of the Board, noting that
neither was done.
fie staled that in his opinion the County Attorney
made a big mistake in hanèling this matter the way that he did and did
not serve the Board or the property owners in Golden Gate well.
He
stated that he tried to find documentation in the Clerk's office on
this .atter and could not find any.
He indicated that the closing
took place on December 18, 1986, and funds were conveyed to the trust
fund in February, 1987, yet when he tried to find the documents in
November, 1987, there were none available.
He stated that the manage-
Page 7
JANUARY 26, 1988
ment of the Trust is the responsibility of the Board and should be con-
tinually watched.
lie noted that this matter was improperly hðndled
and if this type of situation continues, the Trust Fund may not be
getting what it should.
He noted that the Taxpayers Assoc. asked the
County Attorney to apprise them of when a parcel of land was to be
conveyed, and they found out 8 months after it was done.
He noted
that all .atters arc to be handled in accordance with the 1983
ðgreement and if the County Attorney is not aware of thðt, then he
should be ordered to handle this matter according to that agreement,
which will protect the property rights and interests of the residents
of Golden Gate Estates.
In answer to Commi~sioner Hasse, Mr. Grimm stated that the Trust
Fund was paid $2,300 per acre, which was $1,700 per acre less thðn it
should have been sold for.
C~issioner Pistor stated that it appears that the sale rnðde to
the DOT was better than the current value of most of the property in
the area.
Mr. Grimm indicated that there is no way to tell if this was a
good deal because it was not appraised.
Co~issioner Saunders stated that the Commission has done
everything that they can do step-by-step trying to cooperate with Mr.
Grimm and Mr. Braun in trying to get this matter resolved.
He noted
that the County Attorney has investigated various issues that there
were conce~ns about, money ~as paid from the General Fund to the Trust
Pðge 8
aoo( 111 PI',! l64
......... >.-.......
tOO( 1111'1',-165
JANUARY 26, 1988
Fund for the wellfield si'es, adding that he feels that this 1983
agreement has been followed.
Public Works Administrator Archibald stated that it was based upon
his recommendation that this whole matter transpired, adding that in
the beginning the title to that property was in the name of Avatar
Properties and they were the only party that handled the transaction.
He noted that if Avatar identified this parcel as a future parcel to
be conveyed to the County, the County could possibly lose it to DOT
without cOmpensation.
He noted that DOT made an appraisal on this
property of $4,000 per acre and there was 4.6 acrés of property con-
veyed to DOT and approximately $18,000 was put into the Trust Fund.
He noted that the County will end up benefitting in two ways, as the
property was valued higher tha" what the County's original apÞ~aisal
was for, which can be subst~ntiated in ð report that he will prepare
for the Board.
He noted that another benefit to the County is that if
the County had title to this property, they would have had to donate
it to the State for little or no money because when it comes to emi-
nent domain powers of the State, they are a little different with
County-owned property than they are with private property.
He 8tated
that the proper amount of money was received from Avatar and there
were no overhead expenses involved.
He stated that the net result of
$4,000 an acre is very acceptable and he would be very happy if this
.
amount could be received from other property that is forthcoming.
County Attorney Cuyler stated that the County did not have legal
f
I
Page 9'
I.t
r ..
.~. t
JANUARY 26, 1988
H t:l~ on thAt propprty ...nli th4'>.rE:fore, could not. r~cord the deed.
Hp-
noted that the property has not been accepted by the Board as it is in
a list of property in Phase II that the Board has not approved at this
time, but it wa~ recognized that these properties were being offered
to the County and if the County so agreed, they would sell that piece
and give the funds to the County which was agreed upon.
Mr. Archibald stated that the DOT is required to pay fair market
value on that property which is what they did.
He noted that the
Trust Fund has benefitted greatly by the sale of that property.
County Attorney Cuyler stated that there were only three people
interested in appraisals; the County staff, the people in Golden Gate,
and Avatar, adding that Avatar did not have any problem with the
State appraisal, the County staff did not have any problem, and at the
last meeting of the Golden Gate Taxpayers Association, it was conveyed
to him that appraisals were not needed.
Clerk Giles stated that the County received $l8,720 which would
indicate that the County had rights to that property, otherwise,
Avatar would not have had to turn that money over to the Trust Fund.
He noted that it should have been brought before the Board of County
Commissioners prior to any final transactions.
County Attorney Cuyler stated that Avatar recognized that this
property was going to be purchased by DOT and, therefore, sold it to
DOT inst~ad of turning the deed over to the County, but instead,
turned over the money from the sale of the property to the County.
'°0( 111 fir.! 166
Page 10
'* 111 WJ.lõ7
,JAnUARY 26, 1988
Mr. Archibald stated that if a similar situation comes up, it will
be brought to the Board prior to any action and a full report will be
made regarding the matler.
He noted that there was also another
issue, noting that DOT was only looking for 175' which would have left
a saall parcel that could not be sold easily, but Avatar convinced DOT
to purchase the entire parcel.
Coønissioner Glass stated that he would like to see a full report
regarding this matter brought to the Board.
He noted that once all the
facts are available, then they can determine what type of action is
necessary, if any.
Coømissioner Saunders questioned if condemnation was actually
filed by the State, to which Mr. Archibald stated that he would have
to check the court record3 to be sure.
Mr. Grimm stated that the question is whether the amount of money
received for this property was a fair amount or not and at this point,
there is no way to determine this as the property has been sold.
County Attorney Cuyler stated that this situation was different
than most as the property was going to be condemned, adding that he
considers this parcel of property an insignificant matter, but if the
Board decides, an appraisal can still be made on that piece of pro-
perty.
Co~issioner Saunders slated that there could also be an
ackrowledgement made that the land was not accepted and the money
could be sent back, as the Board of County Commissioners has to make
Page 11
final acceptance of all of the l,lOO acres.
JANUARY 26, 1988
He noted that if the
County does not want to accept that land, then the check will have to
be returned and Avatar will have to be told to find the County another
4 acres sODeWhere else.
Mr. Gri.. indicated that $33,000 was paid from the Trust Fund for
an appraisal of the land in the Golden Gate Estates area, and now it
is being referred to as a ~arket analysis and not an appraisal at all.
Mr. Archibald stated that it is a thorough market analysis and was
done by an MIA.
Mr. Richard Braun, President of the Golden Gate Taxpayers
Association, stated that he is not happy with the 1983 agreement,
noting that there are certain guidelines that are not being met.
He
stated that very close to this property, there was property that the
County was going to buy for ð landfill and the appraisal on that pro-
perty was $11,000 an acre and staff recommended that it be purchased.
Tap. 13
Hr. Braun noted that the Board was involved in the purchase of
Lely Barefoot Beach and at that point, they were not happy with the
State appraisal which indicates to him that the people of Golden Gate
should not be happy with their appraisal either.
He stated that ori-
ginally the Trust Fund was supposed to receive $4 to $5 million for
this 1,100 acres and now it is being estimated at $l million.
He
stated that the County has collected $89,000 over l4 years for fill
and he has requested a copy of that contract, but to date has not
Page 12
600( 111 w.~ 168
.. 111 w.! 169
JANUARY 26, 1988
rece i ved it.
He indicated that if everything is done the way it is
supposed to be done, then the County should have no problems in
requestiog a federal grand jury investigation into the whole matter
which would ~ke the people of Golden Gate very happy.
C0Ø8issioner Saunders stated that if there are documents that are
needed from the County Attorney, it should not take more than a couple
of days to receive them after being requested.
He noted that he has
no problem in requesting that a federal grand jury look into the whole
matter of the Avatar property, but he feels that it is not rational.
Hr. George Keller, representing the Golden Gate Civic Association,
stated that this transfer of properties has been going on for some
time now and it appears that the State is involved in buying some of
the properties which will complicate things more in the future.
He
stated that the Golden Gate Taxpayers Association is a watchdog over
the property where the money is involved, and now that the State has
decided to purchase a few pieces of the property, some of it appears
to have increased in value.
He stðted that he hopes that the Board
and the County Attorney stay on top of this matter so that the County
will get the best deal that is possible for this property.
In answer to Commissioner Hasse, County Attorney Cuyler stated
that the deeds were brought before the Board of County Commissioners
last fall and recommendations were made, adding that since then the
Golden Gate Advisory Committee has been reviewing certain aspects of
the agreement and the deeds and will be making a recommendation to the
Page 13
-
.-
-
--.-..--....
JANUARY 26, 1988
Board shortly.
Hr. Braun indicated that at th~ last meeting it was recommended
that the Board accept Phase II and Phase III of these properties.
c088i..ioner Glass directed that the Public Works Admini.trator
prepare a report in ðetail regarding this .atter of the parcel that
was sold to DOT anð submit copies of the report to all interested par-
ties; that the County Attorney supply the necessary documents to Mr.
Braun that he has been trying to obtain regarding the spoil banks
issue; and that if Mr. Braun is interested in pursuing a re4eral grand
jury investigation, he should contact comaissioner Saunders who will
assist hi..
It- f9Bl
PULIJUJIARY ACCEPTANCE OP THE WWADWAY AJfD DOIDGE IJIPROVBJŒ1I'1'S 111
arYXBRA GOLF ESTATES, UNIT 3 - APPROVED
Public Works Administrator Archibald stated that this is a 9 acre
parcel of land that has been subdivided into a mobile home subdivision
and all infrastructures, roadways, storm drains, etc. have been
completed and inspected by Staff and it is, therefore, being recom-
mended that the preliminary acceptance of the roadway and drainage
improvements in Riviera Golf Estates, Unit 3, be approved.
He stated
that the developer is responsible for maintenance during the one-year
maintenance period.
c088issioner Plater aoved, seconded by Co..issloner Has.e and
carrieð unanimously, that the ~r.li.inary acceptance ot the Roadway
aDo« 111 nr.£ 170
pag.14
,..-. -....--..
... 111"...,-171
JAHUARY 26,1988
and Drainage Iaprovements in Riviera Golf Bstates, unit 3, be approved.
Itea f9B2
AGREBJŒM'f' FOR PROFESSION~L SERVICES WITH WILBON, HILLER, BARTOJI, BOLL
, PEEK, IJfC. paR THE S~B"L P~LH ROAD ZX'rB1fSION JtSTt7 - APPROVZD
Public Works Administrator Archibald stated that this is a recom-
mendation to approve a consulting service agreement with Wilson,
Miller, Barton, SolI & Pe~k, Inc. for the preliminary study and final
design and the bidding and construction.
He noted that a taxing
district was established in 1986 and at that lime, staff was directed
to obtain a consultant which was approved on January 27, 1987.
He
noted that the consultant's contract includes a price to do the study
analysis phase, to determine the character of the terrain, the vegeta-
tion, the feasibility of building the road, the drainage and also
includes the permitting meetings with the required agencies.
He noted
that the initial phðs~ will cost $75,000 and will take approximately
180 calendar days.
He noted that this contract provides for Phase II
which would be the final design, the bidding phase and the construc-
tion phase and Phase II would take 270 calendar days and would be done
on a percentage basis.
Coeœissioner Pistor stated that he is in favor of this project,
but at various times the DNR has recommended that this project not be
done as they plan on buying ð lot of this land, but without this road,
the people will be landlocked.
Public Works Administrator Archibald stated that there is a spe-
Page 15
JANUARY 26, 1988
cial taxing district set up and those people are willing to subsidize
the cost in order to provide an important link to the Estates.
He
stated that even if this road is built, it will not constitute 8 land
use change.
Cosaissioner pistor aoved, seconded by Commissioner Hasse and
oarried unaniaously, that the agreement for professional service. with
wilson, Killer, Barton, SolI' Peek, Inc. for the Sabal Pa12 Road
Extension KSTU be approveð in tbe aaount of $75,000; that the Fiscal
Officer be authorized to obtain a loan to provide funds required over
and above those generated by the tax levy for VY 87/88 and that the
Chairaan be authorized to execute the appropriate agre..ents by and
between Collier County and WiJson, Killer, Barton, Soll , Peek, Inc.
Page 16
'DD( 111 p,r,r 172
.. I11nr-! 199
JANUAHY 26, 1988
It.. UB3
RESOLtrrIOB 88-32 AWARDING CERTIPICATES OF PUBLIC COXVE1CIB1ICE AJID
JrECESSITY '1'0 FEATHERS LIMOUSINE SERVICE AND CLASSIC TAXI - ADOPTED
Public Works Administrator Archibald stated that the PVAC reviewed
both petitions and in both cases, the applicants met the necessary
criteria and the recommendation is for approval.
Co88lssioner Pistor moved, seconded by coaaissioner Goodnight and
carried unaniaously, that Resolution 88-32 awarding Certificates ot
Public ConveniencA and Becessity to Feathers Liaousine Service and
Classic Taxi be adopted.
Page 17
.,
. '* 111,i'.r.203
JANUARY 26, 1988
***** Rec..s: 10:25 A.H. - Reconven8ð: 10:35 A.X. at Which
time Deputy Clerk Hoffman replaced Deputy Clerk Kenyon *****
Tap. f4
It.. t9C1
BID 187-1208, EAST N~PLES COMMUNITY PARK PHASE 1 - PART 1, SITE
PUPARATIO. AWARDED TO KITCHELL Am> STARK CONSTRUCTION COMPAJIY,
I»C. I. THE AMOUNT OP $467,3'5.80
Legal notice having been published in the Naples Daily News on
December 28, 1987 as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened to consider Bid 187-l208 for the
East Naples Community Park - Phase 1 - Part 1; Site Preparation
(Rebid).
Public Services Administrator O'Donnell noted that this is a rebid
for site preparation, noting further that Staff had previously recom-
8ended rejection of bids which were received due to excessive costs.
He stated that the specificat!~ns have been modified so that a more
competitive price could be received.
Mr. O'Donnell indicated that two bid proposals were received:
Mitchell and Stark Construction Co. tendered a low bid of $467,395.80,
and Haeper Brothers remained at their original bid of $750,640.00,
further indicating that Staff is recommending the contract be awarded
to Mitchell and Stark Construction Company.
In answer to Commissioner Pistor's inquiry, Me. O'Donnell replied
this phase of work is anticipated to be completed within the next four
8Onths and Phase 2 construction is anticipated to take an additional 4
aonths, adding that the new park should be ready to open within the
p.']ge 18
.-.....-...... .-.
JANUARY 26, 1988
next 8-9 JIOnths.
Comøissioner Saunders commended Mr. O'Donnell for the rebidding of
this project and the cost savings to the County of $250,000+.
coaaissioner pi.tor moved, seconded by Comaissioner Saunders and
carried unaniaously, that Bid 187-1208 be awarded to Kitchell and
Stark construction Co., Inc. in the ..ount ot $467,395.l80.
It.. t9C2
AGJUCt1LTt1RE DEPART1ŒH'l' ~UTHORnED TO ~ED WITH REVISIOB OF COOllTY
ORDIKABCB O. LETHAL YELLOWIKG
Public Services Administrator O'Donnell indicated that there has
been lethal yellowing of palms in Lee County, further noting that the
latest aerial survey which was done on December 2, 1987 in Collier
County indicates no occurrence of lethal yellowing.
He advised that
the current ordinance is not adequate in addressing the problem and
revisions need to be made.
In answer to Commissioner Hasse, County Extension Director Brown
stated that the current outbreak is in Ft. Myers Beach, adding that he
feels the current ordinance which was written in the late 1970's,
needs to be revised to meet current demands.
He noted that the pre-
sent ordinance requires innoculation.
CO8aissioners Saunders aoveð, seconded by Comaissioner pistor and
carried unanimously, that Staff review and revise the County Ordinance
on lethal yellowing.
aOQ( 111 nr,¡ 204
Page 19
... 111 pr¿ 205
JANUARY 26,1988
It.. I9Fl
TRAVEL EXPOSES POR TWO NOIf-COtnrrT EMPLOYEES' TRAVEL FOR BUILDIlfQ
PERKI"!' COMHI"!'TEE - APPROVED
County Manager Dorrill stated that the present travel policy
allows various agency managers to approve travel for matters related
to County business, adding that it is unclear as to whether it is for
County employees or travel for the good of the County as a whole.
noted that there were two members of the public who traveled to
He
Scottsdale, Arizona on County business as part of the building permit
review, and indicated that in order to alleviate any concern, he would
like specific Board action.
Coaais8ioner pistor moved, seconded by Commissioner Goodniqht and
carried unaniaously, that the travel for two non-County employ.es be
apprO'Ye4.
It- 1101.
SUI"!' TO DETBRKI1fB CONFLICTING CLAIMS TO WATER AJfD SEnR DBVBLOPJŒ1f'1'
CHARGES - APPROVED
Assistant County Attorney Anderson advised that in 1981 Developer
-A- paid SlOO,OOO+ in water and sewer system development charges, when
he pulled building permits for a condominium project, then later sold
the property to Developer "B", who took out a mortgage on the property
and subsequently defaulted on the mortgage, loosing the property to a
bank.
He noted that the Rank has sold the property to Developer "C".
He added that Developer "A" and the Bank both claim the right to the
impact fees that were pa:d, and Developer "A" has requested a refund.
Page 20
JANUARY 26, 1988
He noted that County Policy is to treat impact fees as running with
the property, adding that the County is right in the rei11le, n~t!ng
that there are two people with conflicting claims to the money.
He
requested authorization to file suit, naming Developer "A", the Bank
and Developer .C. as parties, and let the court determine who has the
right to clai. the money, or if the County does in fact have to refund
the money to the Developer who originally paid the fees.
In answer to Commissioner Saunders, Mr. Anderson noted that the
current Developer has not paid an impact fee, but has received a cre-
dit at this time, also noting that if the County is unsuccessful in
litigation it will go to the new Developer for payment of the impact
fee.
In response to Utilities Administrator Crandall, Mr. Anderson
stated that no outside attorneys will be consulted on behalf of
the County.
Coaa1ssioner pistor moved, seconðed by Commissioner Goodnight and
carried unaniaously, that suit be filed to determine conflicting
clata. to water and sewer development charges.
It.. 11OB
REQUEST TO RETAIN LAW PIRK SPECIALIZING IN LAND use TO ASSIST WXTH
PREPARATIOB OF THE COKPRBHElIdIVE PLAlI AlID RELATED GROW'I'JI KAJlAGD21n'
ISSUES - APPROVED
County Attorney Cuyler stated that he is requesting authorization
to retain a law firm, specializing in land use to review the
Comprehensive Plan, adding that Staff is in support of this and it is
Page 2l
&001 111 ~~ 206
------ .
.. 111 PS".f. 201
JANUARY 26, 1988
in the best interest of the County.
In answer to Commissioner Pis tor, Mr. Cuyler stated that the new
Assistant County Attorney will be working on land use issues, but has
been with the County for one week, and he feels the County's needs are
that of a firm with expertise in land use matters.
Co.missioner Pistor noted that Collier County is the third county
to .u~it its Plan for examination to Tallahassee, adding that the
finer the details are, the better the Land Use Plan may be.
Commissioner Saunders stated that his understanding is that the
vast bulk of the legal work in reference to the development of the
Comprehensive Plan and any ordinance changes will be provided by in-
house staff and that the retained outside firm would be to give
guidance and review proposals to become final, as opposed to having
the consultant physically here.
Mr. Cuyler replied affirmatively,
adding that he cannot over-emphasize the importance of the work which
will be done over the next 6 months, noting that it will affect the
County over the next couple of decades.
Coaaissioner Pistor moved, seconded by Commissioner Goodnight and
carried unanimously, that the County Attorney be authorized to retain
the services of a law firm specializing in land use matters to assist
staff at the proper time.
It.. 111.1.
BUDGET AKB5DKENTS 88-114/118 - ADOPTED
C~is.ion.r pistor moveð, seconded by Commissioner Goodniqbt and
carried unanimously, that Buðget Amendments 88-114/118, be adopted.
Page 22
JANUARY 26, 1988
xt- 112A
COUJll'l'Y J.'l"TORlŒT TO DRAFT ORDIIfAJCCE REQUIRING PROPER'l'T 01I1ŒRB TO
KAIICTAIJI PROPERTY IN CLEAN AJfD ORDERLY COJlDITIOlC - APPROVED
Chairman Glass noted that trash accumulation and other disasterous
situations are developing throughout the County, which is detracting
from the quality of life and infringing on the people around it.
He
further stated that he would like to see the Board direct the County
Attorney to draft an çrdinance with significant fine capability.
Commissioner Pistor mentioned the Avalon Lake area off Guilford
Road, stating that it hðS become somewhat of a dump, and he would like
to know what the County can do to stop this.
Deputy Chief Barnetl noted that there are State Statutes
regarding throwing trash on another person's property, but the actual
action of throwing the trash must be seen, further adding that an
arrest and investigation canno~ be made by just taking a letter or
something of that nature whi~h may be in the garbage.
He stated
further that he believes the ordinance which Commissioner Glass
8uggested would make the property owner responsible.
He noted that
the Sheriff's Department ha~ a deputy assigned full-time to the
Sanitation Department, in an attempt to catch people.
Co..issioner Glass moved, seconded by Commissioner pistor and
carri.ð unanimously, that the county Attorney's office be directed to
co.e back with an ordinancft which addresses the situation of both pri-
vat. and commercial properties with a view toward requiring it to be
Paqe 23
aOOK 111 P£-:! 208
MOt 111 "...s. 209
JABUART 25,1988
clean and orderly at all times and not intrinqe on the public~.. or
any thine¡ else.
It.. tUB
RBSOLOTIOB 88-33 R.E REAPPOIJfTKE1f'r OF ROBERT RO'1'H '1'0 '1'JΠWATER
KAIIAGEJŒJI'r ADVISORY BOARD - ADOPTED
c088issioner Pistor aoved, .econdeð by co..issioner GoOdniqht and
carried unaniaously, that Mr. Robert Roth be reappointed to the Water
Kanageaent Advisory Board for a tara expiring February 25,1992.
Page 24
-
--
... l11m211
JANUARY 26, 1988
It.. 112C
AUTBOJUIATIOJI TO EXECUTE PAPERWORlt FOR DZPARTKEJrl' or COMK11JfITY U7AIRS
GR.A1I'!' - APPROVED
Co..issioner Glass advised that the County has received a grant in
the a~unt of $114,685 for a traffic division in the Collier County
Sheriff's De~artment, adding that he is asking for authorization to
sign the grant and accept it on behalf of the Sheriff's Department, so
that the program, which is badly needed, can get started.
c088issioner pistor moved, seconded by Commissioner Goo4niqht and
carrie4 unanimously, that the Chairaan execute the necessary paperwork
to accept the grant on behalf of the Sheriff's Department.
Page 25
-
-
aDo< 111 n-:~ 213
JANUARY 26, 1988
It.. 1120
Tap. IS
RZSOLO'1'IO. 88-34 TO RECOGNIZE MR. !tAD HEtfDERSOø, SECRETARY OF THE
DBPARTK£.~ OP TRANSPORTATION, TO REVIEW HIG~Y PROJECTS IN COLLIER
COU1lTY - ADOPTED
Commissioner Saunders noted that Commissioners Pistor, Hasse and
himself are representatives from Collier County to the Metropolitan
Planning Organization.
He stated that Mr. Henderson will be here to
discuss the ~any significant needs of Collier County.
He indicated
that the purpose of the Resolution is to welcome Mr. Henderson and to
let hi. know that the County has significant issues with the State of
Florida Department of Transportation and to urge that those issues be
addressed and that funding be found for various projects in the
County.
Commissioner Pistor stðte~ that he feels the Resolution is a good
way to let Mr. Henderson know that the County is glad he is here, and
hopefully, he will obtain other "~nies for the County which are
available.
Commissioner Goodnight asked if Commissioner Saunders would
include the widening of S.R. 29 to the various list of projects, to be
sub.itted to the State, to which Commissioner Saunders replied affir-
aaatively.
co..i8sioner Saunders moved, 8econded by Commi8sioner pis tor and
carried unanimously, to adopt Resolution 88-34, ~ecognizing Mr. Kaye
Henderson, secretary of Transportation, to Collier ccunty and his con-
tinued efforts in reviewing the projects of the County.
pag.26
JABUARY 2', 1988
...
The following items were approved and/or adopted under the Consent
Agenda upon motion maðe by commissioner Pistor, seconded by
Comaissioner Goodnight and carried unanimously:
...
It.. 'UA1
AKBMDK.EJfT TO AGREEHJ!:1fT WITH SOUTH FLORIDA WA'1'3R HAJlAGBHBJI'l' DISTRICT
FOR FUXDI.O HYDROGEOLOGIC STtJDIES FOR DBnLOPJŒJrr OF A WBLLFIBLD
P1WTECTIOK ORDIlfJUlCE
See page
~~~
It.. 11481
AG1lE:~~WT WITH IHHOJtALEE ROTARY CLUB, I.C., FOR THB PURPOSE OF
BOLDIKG ACTrvITIES POR A WILD BOG BARBECUB
See pages ~ 3 - c:.1 ót t,
It.. tUB2
LEASE AGREEKBIfT WITH JERRY HATFIELD FOR THE COIITIJII11BD OTILIZATIOK OF
PROPERTY LOCATED AT THE IHHOICALEE AIRPORT
See pages
~"'7- d.~
It.. 11483 - MO7.d to It.m f9B3
It.. '1484
PlnL ACCEP"rARCE OF THE ROADWAY AJrD DRAIne!! ZMPROVEME1r'l'S ZK JœJr1'OR
PIKES AKD RELEASE OF CONSTRUCTIOK SECURITY
It.. tUBS
EXCAVATIOK PERMIT APPLICATION NO. 59.314 "DAVEKPORT PROJBCT"-IIIMOXALBE
1.
The excavation shall be limited to a bottom elevation of
+22.0 ft. nqvd. All disturbed areas proposed for lake exca-
vation shall be excavAted to a minimum elevation of +22.0 tt.
nqvð.
Page 27
&001( 111 'A~.~ 216
'°0( 111'1(,1.217
JAØOARY 26,1988
2.
.0 excavated .aterial shall be removed trom the project site.
Where groundwater is proposed to be pumped during the exca-
vating operation, a Dewatering perait shall be obtained trom
the South Ploriða Water Kanagement District and a copy pro-
viðed to the Water Management Director for his approval prior
to the commencement of any dewatering activity on the site.
3.
4.
Bo Building Construction peraits will be issued tor any pro-
posed construction around the perimeter of any excavation
Where the minimum clearance between lake top-of-bank and the
proposeð building foundation is less than 30 teet, unless and
until all lake side slopes adjacent to the proposed construc-
tion have been completed and approved by the Collier County
Water Management Department.
It.. , 14C1
BUDGET AHEMuK£Mr TRANSFERRING MONIES WITHIN FUKD 306 TO COBTIRUB
COBSt1LTIBG ElIGIJrEERI!iG CONTRACT FOR THB COKJrolfI'l'Y PARD
306 Reserve for Contingency
306 C.I.P. 6389 Engineering
It.. '14C2
<$39,000>
39,000
COIITRACT WITH DAVID EtlGSTRAKD, H.D., FOR SERVICES OF TB1I IŒDICAL
EDJUJŒR OPERATIONS
See pages
It.. '14Dl
~ ~/- ~ .I¡lfG
BID '87-1201 FOR UTILITIES JACK AND BORE SERVICES AWARDBD TO CASABA
COBSTROCTION - $20,000
Legal notice having been published in the Naples Daily News on
December lO, 1967, as evidenced by Affidavit of Publication filed with
the Clerk, bids were received for Bid t87-l20l for Jack and Bore
Services for Utilities until 2:30 P.M., December 23, 1987.
It.. '14D2
ACCBPTANCE OF WATER FACILITIES AT REGENT PARK VILLAS, OKE, TWO AND
'l'JlRBB (FORMERLY JQfOWN AS REGENT PARE TRACT "In)
1.
The water facilities to serve the project cannot be placed
into service or water meters set until the facilities have
been rebacterially cleared to the satisfaction of the
Ut i 1 i ties UfJCl d l iCJIl5 Depar ta,ent.
Page 28
-
-
-
JANUARY 26, 1988
See Pages O.R. Book 1324. Pages 666-673
T~1r8 t14D3
AJmlCl>II.&n JIO. 1 TO OGIJŒERIIfG SERVICJ:8 AGREED1fl' WI'l'B CORSOn,
'1'O1nfSIœ'D AJrD ASSOCIATES, lIfC., POR 1f0RTH COtnfrY WASTEWATER 'l'UATJŒ!tT
PLAIIT EXPAlfSIOB PROJECT
See pðges
I~.. f14D4
;;.4S -~~
GOL7 COtJRSE EYYLUE1fT AGRBEHENT POR HIBISCUS GOLF CLUB
See pages
¿;J.l7
-d2~
It.. f14G1
BXTRA GAl. TrxB FOR IKKATB RO. 30086
It.. f14G2
SATISFACTIOIf OF LIENS FOR SERVICES OF THE PUBLIC DBFEBDER
See Pages
a. 7~ - dJ. 77
It.. tUG
KIBCBLLABEOUS CORRESPOKDElfCE PILED AIfD/OR REFERRED
There being no objection, the following correspondence was filed
and/or refereed to the various departments as indicated below:
1.
1986/87 Annual Report for Collier County received from the
County Manager.
2.
Letter dated 01/07/88 from Douglas L. Fry, Environmental
Manager, DER, enclosing short form ðpplication (File No.
111437095), which involves dredge and fill activities.
Referred to Neil Doerill, David pettrow, Dr. Proffitt and
f íl ed .
3.
Notice received 01/08/88 of Availability of Funds from DER,
advising that DER is now accepting project applications from
state agencies, water management districts, regional planning
councils and eligible city and county governmental agencies.
Refereed to Neil Dorrill, David Pettrow, George Archibald,
Ron Cook and filed.
Page 29
'OO( 1111'.,.,t 218
... 111 pro! 219
10.
11.
4.
JANUARY 26,1988
Letter dated 01/13/88 from L. Anita Trimble, Environmentðl
Specialist, DER, enclosing a standard form application (File
No. ll1439509 Marco Woods, Inc.), which involves dredge and
fill activities. Referred to Neil Dorrill, David Pettrow,
Dr. Proffitt, George Archibald and filed.
5.
Letter dated 01/13/88 from Lyn Carr, Communicðtions Engineer,
Dept. of General Services, regarding EMS County Award 87/88:
proposed communications equipment procurement for Collier
County, Division of Communicðtions Reference 187564.
Referred to Neil Dorrill, Kevin O'Donnell and filed.
Final Order dated 01/07/88, from DNR, regarding Permit No. A
CO-163, Vanderbilt Beach' Harbour Club Assoc., Inc. to
construct aluminum fence along edges of existing swimming
pool and spa. Referred to Neil Dorrill, David Pettrow, Dr.
Proffitt and filed.
6.
7.
Final Order dated 12/09/87, from DNR, regarding Permit No. A
00-164, Scottsdale Company, to use temporary construction
area for vehicular operations and equipment storage.
Referred to Neil Dorrill, David Pettrow, Dr. Proffitt and
filed.
Contract dated 01/14/88, tHE 514, District Eight Child
Support Enforcement, certification that charges for service
of process on 48 chi1d support enforcement actions represents
original service on cases identified by the Department as
Title IV-D. Referred to Jim Giles and filed.
8.
9.
Memorandum dated 01/11/88 to Prospective Government Sponsors
of Summer Food Service Program for Children - Summer of 1988,
from Harold H. Blanton, Administrator, Food and Nutrition
Management, Fla. Dept. of Education, regarding participation
in the Summer Food Service Program for Children - 1988.
Referred to Neil Dorrill, Kevin O'Donnell and filed.
Letter dated 01/08/88 from William R. Trefz, Deputy Assistant
Secretary for District I, Fla. DOT, regarding Interchange at
1-75 & S.R. 29, Wcrk Program Item Number 1142202, State
Project Number 03175-1425, Federal-Aid Project Number
59-2087895, Collier County, Fla. Referred to BCC, Neil
Dorrill, George Archibald and filed.
IÆtter dated 01/11/88 from Chief Louis H. Stirns, Immokðlee
Volunteer Fire Department, requesting reimbursement for
rescue services at the request of Collier County EMS.
Referred to HCC, Neil Dorrill, Kevin O'Donnell and filed.
Page 30
-
--
-
l2.
JANUARY 26, 1988
Letter dated 01/05/88 fro~ Dr. Theron L. Trimble, Chairman,
Library Advisory Board, advising of additional issues to be
reviewed regarding additional funolng sources tor library
development through Impact Fee Ordinance. Referred to Neil
Dorrill, Ken :uylcr and filed.
13. Minutes:
A. 12/04/87
B. 11/24/87
C. l2/17/87
01/21/88
D. l2/l7/87
l4.
15.
- Golden Gate Estates Citizens Advisory Comm.
- Collier Soil' Water Conservation District
- Parks & Recreation Advisory Board, and
Agenda
- CCPC and 01/21/88 Agenda
Notice to Owner dated 01/07/88 from CES Industries, Inc.,
advising that they are furnishing miscellaneous electrical
supplies and equipment for the Collier County Regional Water
Treatment Plant, under an order given by Madison Electric
Company. Referred to Neil Dorrill, Skip Camp and filed.
Memorandum dated 01/15/88 to BCC from Aubrey Rogers, Sheriff,
regarding Sheriff's ~onfiBcation Trust Fund Fourth Quarterly
Report - 1987, and attaching report. Referred to acc, Lori
Zalka and filed.
16.
Letter dated Ol/04/88 from Wayne E. Daltry, Executive
Director, SWFRPC, enclosing Resolution No. 87-7, regarding
the due date of funding for local ordinance adoption.
Referred to BCC, Neil Dorrill, Jane Fitzpatrick, David Pettrow
and filed.
Letter dðted 01/08/88 from Daniel J. Mischo, Controller,
SWFRPC, enclosing a copy of their annual C.P.A. audit.
l7.
***
aOOK 111n-.!220
Page 31
.--.--"-...
1111'lfÆ 221
JANUARY 26, 1988
There being no further business for the Good of the County, the
meeting was adjourned by order of the Chair - Time:
11:20 A.M.
BOARD OF COUNTY COMMISSIONERS/
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS
CONTROL
~~~
ARNOLD LEE GLASS, CHAIRMAN
, ;""AÚO
,. II"
AT'I'E8Tv ',~ ,. . ~-
JNœ$,:c.. GUJ.~,f' ~ì(K
:;" ::. """..,
:j:[i" ~: :.
- .' ,; -.... .
~ . ~ '" - , . ...-
/fJ. ~,~-.~þ~t--/ £J.C- .
These. !"i.nutes approved by the Boord o~ - ?/ t'./F/~
8S presented ~ or as corrected .
Pege32