BCC Minutes 11/17/1987 R
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Naples, ~lorida, November 17, 1987
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 a.
have been created according to law and having conducted bUDine..
herein, met on this date at 9:00 A.M. in REGULAR SESSION in Building
-F- of the Government Center, East Naples, Florida, with the
fOllowing -'-ber. pre.ent:
CHAIRMAN: Arnold Lee Glass
VICE-CHAIRMAN: Burt L. Saunders
John A. Piator
Max A. Hasse, Jr.
Anne Goodnight
ALSO PRESENT: James C. Giles, Clerk; John Yonkosky, Finance
Director; Beverly Kueter and Maureen Kenyon, Deputy Clerks; Neil
Dorrill, County Manager; Ron McLemore, Assistant County Manoger;
Ken Cuyler, County Attorney; Tom Crandall, Utilities AdminlBtrator;
George Archibald, Public Works Administrator; Ann McKim,
Planning/Zoning Director; Robert Duane, Planner; Nancy. Israal.on,
Administrative Assistant to the Board; and Deputy Chief Ray Barnett,
Sheriff's Department.
Pag8 1
IOac 109~516
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&GDÐA AJrD CO.'D'1' MBJrDA - APP~VlD WITH CHUa..
NOVEMBER 17, 1987
C~.siODar 'aundars ~ad, s.oondad by C~is.ion.r ala.. and
oarriad unaniaously, that th. Aganda and Consant Aganda be approvad
witb tba followinq ohanqa.,
Ita 14
Approval of Minut.s - October 1, 1987 - Changed to
October 12, 1987
Duane L. Billington requesting discus.ion regarding
the CIa. Pass Beach Concession - Continued to
eec8lllber 1, 1987.
Richard ~. Braun representing Golden Gat. Area
Taxpayers Association requesting presentation of a
proposed resolution regarding legislative action to
undertake changes in the Golden Gate Estate.
Subdivision - Added.
Ita 18A
Item 18B
Item I9Fl -
Item 19~2 -
IteØl 112C -
Request for reimbursement for interview expenses
for ~rgency Services position - Added.
Update on Lely Barefoot Beach - Added.
.
Election of Chairman and vice Chairman of see for
1987-88 - Moved to beginning of aaeeting.
It. ...
XIIUh.... OF ocroBn 12 AJID ocroBD 27. U.7 - APJ"'.D AI ....mtbD
coaai.sionar Pistor ~.d, .aoondad by Coaai..ionar Goo4nigbt and
oarri.d unaniaoaaly, that tha .inuta. of th. 8p.oial ..atiDg of
Octob.r 12 and th. Regular ..ating of October 27, 1"7, be approY.4 a.
pr..uted.
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NOVEMBER 17, 1987
%~ '120
COIIXI.'I~ at.US U'D COJOIIS8I~ .AUJIDIU aLBC'l'BD CDIJtKAJf AJrD
nCJt-CD%RJIAJr FOR 1"7-"
Chair~an Hasse stated that it has been a very interesting and busy
year and many things were accompli.hed. He said it was a pleasure to
.erve as Chairman and thanked cOlleagues, Staff, Constitutional
Officers, and the public for th.ir efforts and support. He advised
that he will continue to serve on a full-time basis.
coaai..lon.r Pi.tor noaia.t*ð Coaai..ioaer Goo4night Cbairaaa.
~. aoaia.tion f.iled 1/4 (Coaai..iQner. Gla.., S.unó.r., Goodnight
aDd ..... owe..d).
Coaai..!on.r _.und.r. aoaia.t.d Caaai..ion.r al... to ..rYe ..
Cbairaan. ~. noain.tion o.rried 4/1 (Coaai..ion.r pi.tor oppo.ed).
Coaai..ioa.r Pi.tor aoain.ted Coaai..ioner Goodnight to ..rv. a.
Vioe-Cb.iraan. Tb. aoain.tion f.il.d 1/4 (Cosat..!on.r. Gl...,
....., ..uader. .nd Ooodnight 0ppo..d).
Co..i..ioa.r B.... noaia.t.d C~..ion.r Saunder. to ..rY. ..
Vloe-Cbairaan. Tb. aoaiaation o.rri.d 4/1 (Co..i..ioner pi.tor
oppo..d) .
Chair.an Glass advised that he will be conducting the ~ting
according to Robert's Rules of Order.
:tt_ "Bl
OItDIDJrC1I 17-12, PftI'fI~ R-87-14C, nr.øoB, KILLBR, BU'l'OB, lOLL ,
nBIt, DC., UQ17B8'fIJIG A RBlon PJtOII A-Z TO PUD D01rJI AI BAILBY
IUctJ'fIVJI PAD - ADOrnO
Legal notice having been published in the Naples Daily News on
September 11, 1987 as avidc~ccd by Affidavit of Publication filed with
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NOVEMBER 17, 1987
the Clerk, public heðring was continued from October 13, and November
10, 1987 to con.ider Petition R-87-14C, Wil.on, Miller, Barton, SoIl'
Peek, Inc., repre.enting RaY~nd W. Miller, Trustee, reque.ting a
rezone frOM A-2 to PUD known a. Bailey Executive Park, a profe..ional
Office Park.
Planning/Zoning Director McKim .tated the parcel i. located on
the .outhwe.t corner of Airport Road and Bailey Lane and con.i.ts of
7.8 acres. She di.played a zoning map and outlined .urrounding land
u.e.. She .tated that Staff has found this particular piece of pro-
perty difficult to analyze .ince both multi-family and low inten.ity
office u.e. are found to be appropriate.
Mr.. McKiØl stated that Staff recommended the fOllowing change. to
the original PUDdocument to en.ure development of a limited, low
inten.ity office parkJ
1. The uses chall be limited to profe..ional office., eXCluding
"dical office..
2. A one acre Ølinimum lot .ize with a maximum of' four parcels
with only two having direct frontage on Airport Road and a
maxiØlUm of 80,000 square feet .hall be permitted.
3. Setback. and buffers propo.ed shall be better defined.
4. No outside storage of co...rcial and recreational equipøaent
will be permitted unle.. surrounded by sufficient landscaping
.0 it cannot be .een frOM adjacent proper tie..
5. BUilding .hould have a common architectural theme and uniform
.ignage
6. 30\ of the property shall be u.able open space which .hall
not include landscaped i.land. in the parking lot.
He. McKim .aid the petitioner has .ubmitted a re\i.ed PUD document
which ..et. all of the above recommendation. and has gone eVen further
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NOVEMBER 17, 1987
in li.iting the office square footage to 65,000 sq. ft.
Mrs. McKim stated that based on the revised PUD, Staff has no
objections to the petition. She .tated that the CCPC has forwarded
this petition with a rec~ndation of denial on a 4/2 vote. She
noted that at the CCPC hearinQ 3 people spoke in favor of the petition
and 3 people spoke in opposition, citing strip commercialization, incom-
patibility with residential neighborhood, and property value d~pre-
ciation. She added that at this time 191 letters of support have been
received and two petitions containing 125 signatures in support, 33
letters and two petitions containing 173 signatures objecting to the
rezone.
Mr.. McKim stated the recommendation to the Board of County
Commissioners is to deny this petition in accordance with the CCPC
recommendation.
Mr. Alan Reynolds of Wilson, Miller, Barton, SolI' Peek, Inc.,
displayed an aerial photograph of land uses in the area, stating that
Bailey Lane already has a mixture of land uses. He stated their
objective iø a wooded campus setting for their offices incorporating
aesthetic compatibility with the surrounding land uses. He said the
primary access to the property will be from Bailey Lane and the exit
on Airport Road, and the four sites will hðve access from the internal
road. He continued by staling that the site has a very dense cover
and affords the opportunity to save vegetation and create a wooded
setting. He said they have agreed to a 50 ft. buffer system with 80t
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NOVEMBER 17, 1987
opacity along the south, west and north boundaries, excluding the area
of access. He stated the bUilding_ will have ð common architectural
theme, common lighting and landscaping, and uniform signðge. He added
they will be able to ensure th..e ..asures because they will be
re.pon.ible for the planning, design and construction of the project.
Mr. Reynolds stated they have worked closely with Staff and deve-
loped a number of development restrictions. He said they began with
the professional office district of the County and then odded restric-
tions to the use permitted on this piece of property, He distributed
copies showing the differences between these standards.
'1'ape 12
Mr. Reynolds then showed a rendering of the improvements that will
be .ade to the entrance of Bailey Lane. He stated they have designed
a right-turn lane on ~irport Road, a deceleration and left-turn lane
on Bailey Lane into the entrance of Bailey Executive Park. He said
there will be a landscaped island median with a sidewa¡k crossing on
Bailey Lane and two east bound lanes, one for turning north and one
for turning south.
Mr. Reynolds stated that no specific rea.~ns were stated for the.
CCPe recOØlØl8ndation of denial, however, the two primary concerns were
the possibility of a medical use and no stated architectural defini-
tion. He said that these concerns and well as others fro. Staff have
been addressed and the PUD document has been changed. He requested
that the Board of County Commissioners grant approval to their peti-
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NOVEMBER 17, 1987
tion.
Responding to Commissioner Pistor, Mr. Reynolds showed a picture
of the type of architecture for the bUilding. He said there are no
plans at this time to connect the church parking lot with theirs,
however, it could be done with no difficulty if that became a require-
..nt. In answer to Comnissioner Saunders, Mr. Reynolds stated the
lighting along th~ entrance drive and parking lot will be low level
lightinq designed not to glare on other properties.
Mr. Tom Peek of Wilso~, Miller, Barton, SolI' Peek, Inc., stated
they have been in business in Collier County for over 30 years and are
currently housed on the corfier of Airport Road and ~rchantile Avenue.
He stated they h6Ve outgrown their office end their lease will be
expiring in 1989. He stated it is necessary for them to .ave and they
are eager to have their own building. He said the. property on Bailey
Lane was purchased in December, 1986 and they own it outright with no
contingencies. He then introduced the 13 stockholders of Wilson,
"11le~, Barton, SolI' Peek, Inc. He stated that before they
purchased the property they knew it was essential that tha new faci-
lity be compatible with Poinciana Village to the south and the
Nazarene Church to the west.
Mr. Peek stated they w!ll have a storawater retention eyete. in
accordance with the SFWHD consisting of shallow swales along the ~ri-
aeter of the property. He said there will not be a retention lake.
He noted that in the traffic improvements being made, there will be no
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NOVEMBER 17, 1987
entrance tr~ Airport Road, but rather an exit only. He added that
the road improvements being .ade will also alleviate a sight distance
probl.. eXisting at Bailey Lane today.
Mr. Peek stated that he would like to addreSB the four hsues
on this rezone that hav~ come to their attention. He said the first
isaue is whether the rezone for prolessional offices ~ould caus. strip
commercial zoning along Airport Road. He displayed a map showing the
existing development and zoning on Airport Road from Pine Ridge Road
to Golden Gate Parkway. He pointed out that all the vacant land
on the east side of Airport Road is owned by the Barron Collier
Company and what happens to the subject property will not affect what
that company wants to do with their land. He said the only other
piece of property to þe developed is further to the north on the west
aide of Ai.~rt Road and that property can be restricted the same as
the subject property. He noted there is no retail commercial in their
request and it will not be permitted, and therefore cftnnot be used as
a precedent for retail commercial. He noted that their request is the
aost restrictive non-residential PUD he has seer in Collier County iq
20 yeu..
Mr. Peek stated the second issue is drainage and showed another
map of their property, Poinciana Village and the drainage outfall
canal. He said Poinciana Village was designed in the early 1970's and
contains a roadside drainage system which is piped to the exterior of
the subdivision \/here an existing ditch receives the water which ~lows
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NOVEMBER l7, 1987
to the .outhwest corner of the subdivision and then flows to the
.outh.
'l'ape U
Mr. Peek advised they invited Poinciana Village residents to an
information meeting where the residents advised there is a drainage
problea. He said they pledged their support in identifying the
probl... He advised they have found that the ditch located at the
southwest corner of Poinciana Village is on a parcel of land on
Coach House Lane and the County does not have an eas~ment and does not
maintain the ditch. He stated that, based on the information gathered
during Hurricane Tloyd, they have calculated that I ft. of headloss
was experienced through the blockade in this section of the canal. He
said that if the easement were e~isting and the canal was clean, the
water in Poinciana Village would have been about a foot lower and
would not have been in the street.
Mr. Peek stated they do not wish to further the drainage problem
in Poinciana and have stipulated in the PUD document that Wilson,
Miller, Barton, SolI & Peek, Inc. will not be able to get a Building
Permit until the County acquires the easement and the maintenance work
is complete on that section of canal. He added that, regardless of
the outcome of their petition, the water situation in Poinciana
Village cannot be perØlit~ed to exist.
County Attorney Cuyler advised that the owner of the parcel which
contains the ditch has another matter in litigation with the County.
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NOVEMBER 17, 1987
Øe .aid the County aay have to consider eminent domain procedures for
the .a....nt.
After further discussion, Commissioner Saunders suggested that the
Board consider directing the County Attorney to begin eminent domain
procedures on the property.
In answer to Commissioner Pistor, Mr. Peek stated that they would
contribute to obtaining the easement.
Mr. Peek stated the third issue is the potential effect on pro-
perty values in the area. He said the proposed building and limita-
tion. on it will not have a negative effect on the property values.
He said that to put this assessment on a Dare professional basis they
hired the firm of Carroll , Carroll to determine the effects similar
types of uses and building have had on similar neighborhoods. He
stated Carroll , Carr~ll studied four areas having similar con-
figurations over e period of time before construction and after
completion. He quoted from the second page of Carroll & Carroll's
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reports -Based on the results of this study, it is my opinion that the
..rket data review does not show there to be any diminishment in the
value of nearby property from the construction of commercial buildings
at the intersection of the residential streets and major thorough-
fares.- He added that their building is the type which has been
placed at some of the highest level residential developments in the
community.
Mr. Peek øtated the fourth issue that has been brought up is that
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NOVEMBER 17, 1987
Wilson, Miller, Barton, SolI' Peek, Inc. is rezoning this property
for profit. He stated they will be building their own offices on that
property and not selling it. He reminded the Board that their fir.
owns three acres at the entrance to Crescent Lakes. He stated that
this property was originally selected to hold their offices, however,
th~1 soon realized that the property was too small and rather than
.elling the property as commercial property, they came back to the
Board and had it rezon~ back to residential. He said Wilson,
Miller, Barton, SolI & Peek, Inc. has not rezoned for personal profit
in Collier county.
Mr. Peek stated that if the Board would like further assurance
that the property will not be sold as commercial zoning, they will
agree t.o a stipulation which states that if Wilson) Miller, Barton,
SoIl' Peek, Inc. noes not place their offices on that'property, it
viII revert back to A-2 zoning.
... a&cB88 A~ 10.20 A.a.
RBOO.~...O A~ 10.20 A.a. ...
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The fOllowing people spoke in opposition to the petitions
Philip Schlichting
Jill McGrath
Bill Kerrigan
Joseph Locker, Jr.
Dennis Lynch
Attorney Jeff Friedkin
The following people spoke in favor of the the petitions
Rev. Randall Cook
Kevin Killilen
John Kurke
Page 11
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NOVEMBER 17, 1987
In response to the speakers, Mrs. McKim stated Staff has found the
request to be consistent with the ComprehensIve Plan. She said th_
one major concern under neighborhood commercial of strip commercial
was addressed thoroughly. Mr. Cuyler pointed out that there is a
-Compliance with the Comprehensive Plan- sectIon in the back-up, which
is included on every rezone request. Mrs. McKim sta~ed that the
existing church confines the subject property to the west and it is
also confined to the south due to residentially zoned property. She
said to the north there is a piece of property zoned C-2 which is
surrounded in an -L" shape by A-2 property, and to the west of the A-2
property is ~state zoning, which originally had a provisional use for
a nursing home. She stated that by having a provisional use once
granted on that pr~perty, without major changes in the surrounding
area, it can be assumed that possibly that same type of u.e would be
appropriate today. She said the land to the east is undeveloped at
this time and is separated by a major road, as well as a canal, and
should not impact the use on the subject property. She said Staff did
feel that what happens with the subject property is very likely to
occur to the north, if it is commercial, however, because of the C-2
zoning, it is likely that the C-2 p:operty would only be appropriate
for commercial use, since it would be very difficult to place a resi-
dential project on such a small piece of property.
Mrs. McKim stated that for these reasons, and th~ confined nature
of the subject property, it is appropriate for very low intensity COm-
Page 12
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NOVEMBER 17, 1987
..rcia1 u.e. She confir..d that it is the most restricted PUD the
County hes seen.
Mrs. McKim stated it is true that there is additional zoned pro-
perty throughout the County that would allow such use, although there
i. limited C-l zoning that allows just offices, however, this fact
applies to all rezones heard for commercial, residential, etc.
In answer to Commis.ioner Pi.tor, Mrs. McKim stated Staff is
recommending approval subject to amendment of the PUD document, which
has been completed, however, the CCPC recommendation is the one pro-
vided to the Board of County Commissioners in the Executive Summary.
"ape IS
Responding to Commissioner Hasse, Mrs. McKim stated the parcel
received high enough point. to be developed to a maximum density of 16
units per acre. She said that often mUlti-lamily ånd very restrictive
u.er. are seen as an equal impact and possibly the type of offices
being discussed are less of an impact because they are utilized only
during the day. She stated that if the parcel were larger, Stalf
would feel differently, however, it cannot develop into a larger pro-
ject because it is physically confined.
Attorney Jeff Friedkin, representing Dennis Lynch, stated that he
does not disagree with any of the pòints raised by Mrs. McKim,
however, there is a difference between compliance with the
Comprehensive Plan and being consistent with the Comprehensive Plan.
He stated that ·consistent· i. a legal term with a strIct definition
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NOVEMBER 17, 1987
and the recoøamendation does not .ay that the request is consiatent
because it is not.
Mr. Edward Resta spoke in opposition to the petition.
Summarizing hi. .tateMents, Mr. Peek reminded the Board that the
property is not currently zoned residential. He said one of the
concerns expressed was that zoning was relied upon when property was
purchased in 1980, however, there has been a provision for non-
residential zoning in every Co.prehensive Plan ever written in Collier
County. He stated that no reasons for negative votes were given at
the CCPC public hearing, however, after speaking to a couple of the
cePe members, their concerns about medical offices and lack of archi-
tectural definition were addressed. He noted that he had received
letters from two of the cePe Members casting the negative vote.. Mr.
Cuyler reminded the Bpard that the individual letters fro. cepe ..._
bers does not r~~~titute a cePe recommendation.
Attorney Ceor9~ Varnadoe, representing Wilson, Miller, Barton,
SolI & Peek, Inc., stated tìtat the Board should not be interested in
word games. He said Collier County has always used the term -in
compliance with the the Compr.hensive Plan- and he does not feel tha~
someone can comply without being consistent.
Mr. Varnadoe stated that the Comprehensive Plan was recently
amended to include a definition "strip commercial" zoning. He th~n
read the definition from the Comprehensive Plan, and pointed out why
the subject property does not meet the definition of strip commercial.
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NOVEMBER 17, 1987
eo.ai..ioner Goodnight ~ed, seconded by coaai..ioner .aandere
and oarried ananiaoualy, tbat tbe public b.aring be clo.ed.
Responding to Commissioner Saunders, Mr. Cuyler .tated that tradi-
tionally in the Staff Report, when they talk about compliance, they are
referring to both compliance and consistency, and if they feel there
is so.ething inconsistent, they point it out clearly as part of the
coøpliance section.
~s.loner Goodnight ~ed, .econded by Coaai.sioner Pistor,
that Petition R-17-14C i. conaiatent and in coapliance witb tbe
coaprehensiye Plan, and that tbe ordinance as nuabered and titled
below be adopted -.nd entered into ordinanoe Book .0. 2'.
ORDIMAKCB MO. .7-92
AN ORDINM'CE AMENDING ORDINANCE 82-2 THE COMPREHENSIVE ZONING
REGULATIONS FOR 'r.fE UNINCORPORATED AREA O~ COLLIER COUNTY,
FLORIDA BY AMENDING THE ZONING ATLAS MAP NUMBER 49-25-6 BY
CHANCINC THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED
REAL PROPERTY FROM A-2 TO "PUD" PLANNED UNIT DEVELOPMENT
KNOWN AS BAILEY EXECUTIVE PARK, A PROFESSIONAL OFFICE PARK,
FOR PROPERTY LOCATED ON THE SOtTl'HWEST CORNER OF AIRPORT ROAD
AND BAILEY LANE, IN SECTION 23, TOWNSHIP 49 SOUTH, RANGE 25
EAST, ~7.8 ACRES TOTAL: AND PROVIDINC AN EFFECTIVE DATE.
Commissioner Saunders stated that although he .ees ..rite in this
petition and many improvements will be made to the area, he ie having
difficulty with the question of invasion into a residential neigh-
borhood.
Commissioner Pistor requested assurance from Mr. Peek that the
property would not be sold as:olllmercial and is definitely going to be
u.ed for their own offices. Commissioner Saunders suggested the four
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NOVEMBER 17, 1987
parcel. be consolidated into one parcel.
Ifape II
Mr. 8ill 8arton, Preaident of Wilson, Miller, Barton, SoIl' Peek,
Inc., stated they have no objection to consolidating the parcel. He
stated that for growth purposes they May see the benefit of
constructing the building larger than pre.ently needed and may lease
some of the space for two or three years, however, any user would be
restricted to the uses allowed.
C~s.ioner Goodnight ...nd.d h.r .otion to inolud. th. atipul.-
tion th.t fr.otionali..tion of th. p.rc.l be .li.in.t.d. Coaai..ioD.r
Pi.tor ".Dd.d hi. ..oond. Mr. Cuyler pointed out for the record
that the petitioner 8greed to this .tipulation.
Comnissioner Hasse stated his feeling that this petition infringes
on a residential area" and noted there are a great number of people
upset about this petition.
Upon oall for the qu..tion, th. action carri.d 4/1. (Co.aiaaioD.r
Bu.. oppos.d).
co.a!s.ion.r saund.r. ~ed, s.oond.d by C~issloD.r Goo4Digbt
and o.rried ananiaously, th.t st.ff be dir.cted to .cquir. th.
aeo....1'f ......nt for th. .00 ft. of c.D.l .t th. aouthw..t com.r of
Po18clu. "111.9..
It_ "82
OStDDDUfCII 17-93, PB'l'IlfIO. R-I7-20C, ROBBR'l' P. DIPPBJrDBIlJ'1rR AIm RICKARD
GRAII'l', UPUSBJI'1'IXG IrARRBJI BJI'l'BRPRISBS CORP., X. V., FOR USO" rao.
PtJD !'O PtJD Jat01nf AS WORLD 'l'BJIJIIS CBJrrBR - ADoP'J'BD WID CJDUraB
Legal notice having been published in the Naples Daily News on
September 25, 1987 as evidenced by Affidavit of Publication filed with
Page 16
IOOC 1C9 n'J. 536
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NOVEMBER 17, 1987
the Clerk, public hearing was opened to consider an ordinance amending
Ordinance 82-2, the C~rehensive Zoning Regulations for the
Unincorporated Area of Collier County, Florida, by changing the zoning
cla..ification of real property from PUD to PUD Planned Unit
DeYel~nt known as World Tenni. Center.
Planning/Zoning Director McKim stated this request is to amend the
WOrld Tennis Center PUD to a .aximum of 361 residential dwelling
unite, expand the tennis center, and allow a greater variation in
hou. i ng types.
Planner Duane displayed a ..p of the area and outlined the
surrounding zoning and land uses. He stated there a~e no outstanding
issues anð the CCPC forwarded a rec~ndation of approval. He noted
that Staff is also rec~nding approval.
Attorney Richard Grant, representing Warrenton.Enterprises, stated
the marketplace dictates development and they have found it necessary
to allow for ~re varied types of housing. He stated they propo.e to
build villa-type housing and their current PUD document does not allow
.ingle-family in the subdivi.ion. He noted they are asking for a
slight increase in density because when the site plan i. a.ended they
will have room for more units than originally proposed. He said the
new density is approxiaately four unite per acre and is substantially
1.s. than the adjoining Timber Creek Subdivision.
Mr. Grant noted that they have found that Section 4.6C(1)(C) in
the PUD document need. clarification. He stated they are proposing
the .ection read as follow~:
"~'~;
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Pave 17
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NOVEMBER 17;' '19'81 "
Uses peraitted in Section 4.4C(l) (except for those
in 4.4C(1)(c») and those uses permitted in Section
4 . 5B (l) .
planner Duane stated that Staff concurs with the language clarifi-
4.6C(l) (C)r
cation.
Coaai..loDer Goodnlgbt ~ed, s.oond.d by c~..lon.r ,i.tor and
carried anani.ously, that th. public h.aring be clo.ed.
coaai..ioner Goodnight .oved, .eoonded by Coaai..ioner Pistor and
oarried anant.ously, that the language olaritioation be ..d. and th.
ordinance as naabered and titled b.low be adopted and entered into
Ordinance Book .0. 2'.
ORDIKAØCB RO. 87-93
AN ORDINANCE AMENDING ORDINANCE 82-2 THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA BY AMENDING THE ZONING ATLAS MAP NUMBER 49-25-6 BY
CHANGING THE ZONING CLASSIFICATION OF TIlE HEREIN DESCRIBED
REAL PROPERTY FROM PUD TO "PUD" PLANNED UNIT DEVELOPMENT
KNOWN AS WORLD TENNIS CENTER FOR 361 RESIDENTIAL UNITS FOR
PROPERTY LOCATED AT 4800 AIRPORT ROAD NORTH, 79.6454~ ACRES,
IN SECTION 13, TOWNSHIP 49 SOUTH, RANCE 25 EAST; AND
PROVIDING AN EFFECTIVE DATE.
... ..ClS8 A~ 12.05 P... "OO.V.MID A~ 1.30 P... ...
Deput! Clerk Kenyon replaced Deputy Clerk aueter
It_ 11.3
ORDIDJICB 87-94 IlB PftI~IO. R-I7-1I5C, RICDJlD DPLBY, IlBPUSIDI'1'I.O
avt.r BARBOR JOIJl'l' V8JIITud aJID llBVEutm JOB J. JfBVI.8 UOt1B8~I.O A
IlBIOD ntOJI. JUIJ'-' TO POD JaI01f1f M .IGOI.S LAD - ADOPnD
Legal notice having been published in the Naples Daily News on
October 16, 1987, as evidenced by Affidavit of Publication filed with
. "
Page 18
aooc lOON? 538
...._-.,-"'-;..""'_.
"",,,,,,~..,.~~....._".._--_...."---,.,,.~.,,...,_...
NOVEMBER 17, 1987
the Clerk, public hearing was opened to consider Petition R-87-l6C,
filed by Richard Kepley, representing Gulf Harbor Joint Venture and
Reverend John J. Nevins, reque.sting a rezone from RMF-6 to PUD known as
Wiggine Lake for 230 residential units and church site for 46.8 acres
located south of and contiguous to C.R. 865 B (Wiggins Pass Road), and
approximately l,l20 feet west of U.S. 41 in Section 16, Township 48
South, Range 25 East.
Planner Duane stated that lands to the north are zoned RSF-4 and
RMF-6; lands to the east ar~ zoned C-4, RMF-6 and RO with provisional
use for a campground and proviaional use for a fire station; lands to
the south, across Pan-~ Avenue are zoned RMF-6; and lands to the weet
across Gulf Harbor Road are zoned PUD, which is Wi99ins Bay. He noted
that the small commercial tract has been deleted ~rom the project. He
indicated that the CCPe recommended approval of this petition and only
one person spoke with concerns regarding traffic impacts on the
.urrounding neighborhood. He indicated that there has been no
correspondence received for or against this petition and staff is
reco...nding approval.
Mr. Chris Dane of Coastal Engineering, stated that the petitioner
has been dealing with .taff with regards to making provision. for the
gopher tortoises.
Coaal..loner Pis tor .oyed, ..oonded by Co..issloner Goodnigbt and
oarried anani.ou.ly, that the publio h..ring be olo.ed.
C~issioner Pi.tor .oyed, .eoon4ed by co__issioner aoodnight and
pace.1b
..
-
-
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'1~~~~~t~i~rW~!~~~!! ~~!,~~~~tt!~~~~"I¡,¡~~:,~~~'~~~~'~~m;IW;
~,lt1:tr:{~~r I~"¡ . r ¡ ! III
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be adopted aabj.ot to p.tition.r's Agr....nt and ent.r.d into
ordInance Book .0. 2"
OJU)~ .7-'4
AN ORDINANCE AMENDING ORDINANCE 82-2 THE COMPREHENSIVE ZONING
RECULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA
BY AMENDING THE ZONING ATLAS MAP NUMBER 48-25-5 BY CHANCING THE
ZONING CLASSIF'ICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM
RMF-6 TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS WIGGINS LAKE FOR
230 RESIDENTIAL UNITS, COMMERCIAL ^ND ^ CHURCH SITE, FOR 46.8
ACRES LOCATED S<X1TH OF AND CONTIGUOUS TO S.R. 865 B (WIGGINS
PASS ROAD) AND APPROXIMATELY 1120 FEET WEST OF' U.S. 41 IN SECTION
16, TOWNSHIP 48 SOUTH, RANGE 25 EAST; AND PROVIDING AN EFFECTIVE
DATE.
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Page 20
aooc 1091.Y.-! 540
¡rat: :'>1 J
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109~549
NOVEMBER 17, 1987
'lope f7
It. flB4
I'1I'1'I'nOJl R-I7-UC, COllXUJlIft Drnr.oPlm1ft' DtvI8IOM, UQUBftIlIG uson
rJtOJI "-2 TO A-2 "KB" ~R .-onR'l'Y I XILS8 SOUTBBAS'1' 01' IJrl'BUBC'l'IO. 01'
0.1. U AJII) 1.1l. t51 - DDIBD AJII) 8'1'Aft' TO BlfFORCB BXII'1'IMQ ORDIDJlCBI
Legal notice having been published in the Naples Daily News on
October 16, 1987, as evidenced by Affidavit of publication filed with
the Clerk, public hearing was opened to consider Petition R-87-25C,
filed by Community Development Division, representing the Board of
County Commissioners, requesting a rezone from A-2 to A-2 -MH- for pro-
perty located on the north side of U.S. 41, approximately five .iles
southeast of the Intersection of U.S. 41 and S.R. 951 in Section 16,
Township 51 Sout~, Range 27 East, consisting of !640 acres.
Planner Duane stated that the 640 acre tract that is being pro-
posed for rezone is sparsely developed, adding that this tract compri-
ses approximately 180 parcels. He noted that this rezoning would
per.it single-family homes to be constructed and also would per.it
mobile homes. He indicated that presently the A-2 zoning di.trict
does not perØlit mobile hODeS unless there is a temporary occupancy
perØlit issued for a period of three years or if that mobile home is
being used as a residence in conjunction with the conatruction of a
permanent residence. He noted that if this petition is approved, it
would permit the same number of dwelling units that would be permitted
this date with the difference being either mobile homes or singl.-
family houses could be developed on each tract. He noted that the
Pag8 21
, .>\
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-
-
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__,,,,,,,~,,,,j,,*,,.....___ti,_,,",,,,,,__,,_",,,,,____,__,,,,,,,,,,,",,,>~,,,_,,,,__"'"__.~.,c"._,_.*.··· ,.",', ,."...~,."'".;~-"""'-"'~'''''''<-''''
NOVEMBER 17, 1987
Board of County C~issioners initiated staff to prepare this petition
in reøponSG to a number of zoning violations which were found to exist
in this general area, adding that in 1986, the Zoning Department
issued 2S notices of violation for mobile homes in the A-2 district
and for too many mobile homes on each lot. He noted that if this
petition were approved, it would legitimize the use of some of the
existing DObile homes but would not for other mobile ho..s because of
a density violation. He noted that some of these mobile homes did not
have building permits and they will have to meet the various health
and safety code.. He indicated that there are several issues involved
in this request. He noted that the Water Management Advisory Board is
recomøending denial of this petition because of the critical drainage
and flooding problems in the area. He noted that a special assessment
di.trict would need to be created in the future to correct this
drainage proble.. He noted that by adopting this petition, it will
not add to or accelerate the development potential of ~his area, but
would accommodate the needs of the existing residents without creating
additional future probl.... He reported that the CCPe recommended
approval of this petition and there were 4 or S people that .poke in
favor of this request and one letter was received recommending denial.
He atated that the CCPe recoamended that prior to the issuance of any
Certificate of Occupancy, that the applicants for such certificates
shall comply with the County Fire Code, including fire inspection, and
the CCPe also recommended that a special taxing distlict should be
Page 22
'DOl 109~t550
109 rn 551
NOVEMBER 17, 1987
considered for fire hydrants and that the County should take so.e
action to proceed aggressively to solve the drainage problems in the
area which may have been a result of some of the agricultural activity
that took place in and around Section 16.
Commissioner Pistor etated that if this is approved, it will caus.
hardships on a lot of people and then questioned if these people would
be able to cluster their DObile homes, to which Planner Duane stated
that this would be strictly in accordance with the ~tandards in the
zoning ordinance pertaining to the A-2 DObile home overlay district
and would still only per.it one dwelling unit on five acres or if the
property was platted or recorded prior to 1974, it would per.it one
home on each legal lot, adding that the average lot size is approxi.a-
tely 2-1/2 acres in this section. He noted that this will not solve
the density violation and those mobile homes will have to be moved as
well as complying with all provisions of the Building Code.
In answer to Commis.ioner Hasee, Planninq/Zoning Director McKim
atated that the farm labor camp l"'at has been licensed by the State
has been there for quite some tiDe and they would be grandfathered in,
adding that there i. another labor camp out there that has not been
licensed by the State and they are looking for approval fr~ the
County for a farm labor camp, but with the water manag...nt problems,
sha will not be encouraging any additional density. She noted that in
saGe cases there will be mobile homes that will be grandfathered in
and some that will be allowed to stay on lots because on. .obil. home
Pl.ge 23
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_....<.,....".,-.,.,...,"~--_.,.."'..._."._.,,"-""-~-
NOVEMBER 17, 1987
will be allowed, but there will be others that will have to be moved.
She noted that whether this is approved or not, some mobile home. will
have to be moved. She indicated that a lot of these people work for
Six L Far.s and they have having problems finding a place to put their
IIObUe homes.
Commissioner Pistor stated that if a special taxing district were
set up for fire hydrants, he doubts if the people could afford to pay
for it. He noted that with regards to the drainage and flooding, if
the County approves this, they would be approving the use of this land
for people to live in an area that is already under water.
Commissioner Pistor questioned if this section could be cut down
and not include a whole section, to which Ms. McKim stated that the
problem is that it is difficult to determine where to cut it off as
the uses are spread out over this section. She stated that the option
could be on less than the whole section as l~ng as it is a minimum of
40 acres but it would be difficult to identify which area would be the
best for it.
Commissioner Goodnight stated that with regards to the drainage,
Six L parms agreed to pave the road and clean the ditches and aleo
help with the drainage. She stated that people needed land to live on
and Six L Farms had some property that these people could put their
trailers on. She noted that the same thing was done a few years ago
in Corkscrew Sanctuary. She reported that if a special district were
set up, it was going to cost about $10,000 per homeowner, which they
, . ,
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Page '24
... 109 Par.! 552
~ J...
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"_._-_._--~",>.~~~~..".""~,,...-,..,
".~"-"~~o,,··,' "~'" ~"_"',.,..~ '_.'"'". ~.._>_.._,,,,
109r&t553
NOVEMBER 17, 1987
could not afford, and that is when Six L Farms agreed to pave their
part of the road to U.S. 41 and they cleaned out the ditches which has
alleviated some of the problema.
MS. McKim stated that this land was originally a school district
.ection and it was split long before 1974. She stated that parcels
range from I acre to more th~n 5 acres, adding that there are about
180 parcele that are legal lots. She indicated that most of the lots
are individually owned and there is not anyone large landowner. She
st~ted that this section is difficult to work with.
Commissioner Pistor questioned if this is approv~d and these
people have to have fire extinguishers in their homes, how will this
be enforced? Ms.· McKim stated that this would be a problem. She
noted that there is no way to be sure that these provisions are there.
Commissioner Pis tor questioned if anyone has discussed this with
Six L Farms to see if they would take on some responsibility for these
problems, to which Ma. McKim stated that she has not talked with them,
but she has talked with people in the area to see if they have any
solutions to the problems. She stated that the ones that have been
cited are willing to move their mobile homes, but they cannot find a
place to put it where they can afford it.
Commissioner Saunders stated that it appears that the objective is
that there are existing mobile homes out there and the planning/Zoning
Director is trying to find a way to allow people to remain there
without forcing them to relocate to øaobile home parks. He noted that
Page 2S
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NOVEMBER 17, 1987
if the ~bile ho.e overlay di.trict i. established, additional .obile
homes would be allowed in the area and that create. a concern with
drainage and questioned if there is another way to let the mobile
homes that are in existence at this time be allowed to remain there
without opening up the whole section to additional mobile homes?
Ms. McKim stated that in allowing new mobile homes to locate, so.e
of those that would have to be relocated would have an option to
purcha.. lane'! or rent land whic') would mean that there could be addi-
tional housing for these people, also.
County Attorney Cuyler stated that part of the problem is that
zoning is pressed to clear up some of the violations and the point is
that there either be a mechanis. to allow the trailers there or the
trailer. will have to be moved. He stated that Zoning has tried to
facilitate the enforcement but at the same time provide .ome type of
equitable relief to these people as far as placing a mobile home.
Mr. Keller stated that if this mobile home overlay is put on,
there is going to be a problem. He stated that this land should not
be developed as it is under water and there will alway. be drainage
probleØl8. He stated that he would recommend that individual pieces be
rezoned for those that are there. He stated that once an overlay is
put on this property, it will not take long to fill it up with mobile
ho..... .
Commissioner Saunders stated that maybe the overlay district
should be established and then it could be eliminated by grand-
Page 26
1101( 1U9 ,a'i{ 554
J I', I
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NOVEMBER 17, 1987
fathering in all existing homes that were permitted in the overlay
district, adding thðt this would accomplish whet is desired but it
doe. not really seem appropriate.
~ape 'I
Mr. John Keachl comøended the Water Management Department for
objecting to this petition. He noted that there is a big drainage
probl.~ and this will only compound it furthe~. He noted that there
should not be anything done with this petition until the problems of
the drainage and flooding have been corrected.
Commissioner Pistor stated that staff is trying to figure out a
way to solve aome of the probl...., but he does not feel that all these
requirements that are being imposed will be or can be enforced and he
does not like approving something that he knows is impossible to
enforce. He stated that he would rather not do anything at all about
this matter at this time.
c~..ion.r a.... ~ed, ..ooad.d by C~i..ioner laUDd.r. aad
oarri.d UDaniaou.ly, tbat tb. publio b.aring b. olo..d.
C~..ioner .auad.r. aOY.d tbat 'etitloa R-17-25C be d.ni.d and
. .hort tera aoratoriua be i.po.ed on tb. .nforo..ent of tb. .iol.-
tioa. in tbat .eotion until tb. County ooae. up with a way to d.al
with this plan.
Commissioner Saunders stated that he feels that the mobile home
overlay is not the appropriúte approach, but removing these people from
the property is not the appropriate way either.
Page 27
..
...
....
w______··..., ..._,~.-"".,,_
NOVEMBER 17, 1987
Coøøissioner Pistor stated that he would rather see this matter
continued for a period of time.
Commissioner Sau~ders stated that ther.e is a time limit involved
in continuing a rezone petition.
County Manager Oorrill stated that he would recommend that the
petition be denied and that the applicable ordinances be carried out
that relate to this property. He noted that the ordinances should be
enforced and if these people are not allowed to live there, then they
will have to move.
C~is.ioner ø.un4.r. .i~b4r.. bis aotion.
County Manager Oorrill stated that staff could Deet with some of
the farm management to see if some reasonable farmworker housing areas
could be developed on the farm sites.
Coaai..ion.r B.... aov.4, ..ooD4ed by C~i..ion.r Gla.s tbat
Petition R-87-2SC be denied an4 tb.t tb. applioabl. ordiDaDoe. be
enforo.d.
Commissioner Goodnight stated that every time that low-cost
housing come. before this Board it is denied, adding that the.e people
are trying to Ølake the best of what they have, which is not much, and
this i. all that they can afford.
Commissioner Hasse stated that the farmowners should provide some
adequate housing for these people.
Commissioner Goodnight st,\ted that if agr iculture is going to pro-
vide housing for the people that they employ, then the hotels and
pa-:¡e 28
100C 109,Ar.! 556
,I" '
, '....
, .
.¡¡. 109 PI? 557
'i
NOVEMBER 17, 1987
restaurants should provide housing for their employees also.
Co.nissioner Saunders stated that this is referring to an area
that has trailers that are primarily under water and is not referring
to low cost housing.
Upon oal1 for tbe que.tion, tbe aotioD oarried 4/1, (coaai..loner
Goodnlqht opposed).
tt_ . 'B5
OaDIKABCB .7-" RB PBTITIOW a-11-24C, .RUCB GRB" . ~SSOCIATBS, I.C.
UPU8BftIWG .10W W. DCIJI1QS, AJlATOL KILllAIrBOFJ', CHRIS nllLAJfD AIm
BRAD A. BAVBKIIIIIR UQUBSTI.g A ulon FROII RSF-3 TO C-l FOR All OFJ'ICB
BtJ1LDIwa AT 4101 QOODLZTTII-FRAJQ ROAD - ADOPTBD
Legal notice having been published in the Naples Daily News on
OCtober 16, 1987, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened to consider Petition R-87-24C,
filed by Bruce Grp.en , Associates, Inc., requesting a rezone from
RSF-3 to C-l for an office building for property located at 4101
Goodlette-Frank Road in Section 15, Township 49 South, ,Range 25 East,
consisting of 1.437 acres.
Planner Duane stated that lands to the north and east are zoned
RSF-3, lands to the south are zoned RO; and lands across
~rank-Goodlette Road immediately to the west are zoned C-4. He noted
that the CCPC and staff recommends approval of this requeat as it was
felt that C-l is the best of any of ,the non-residential zoning
districts. lie noted that there was no pUblic comment either for or
against this petition.
Page 29
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'"".--,~ ,~,~"."._~.,~.,.._._~.._"......~>.,,_.
NOVEMBER 17, 1987
Mr. Joe Bogg., repres.nti~g the Petitioner, stated that h. wa.
available for any questions.
coaai.sion.r pi.tor aoved, .econded by co..i.sioner aoodnigbt and
oarri.d unaniaously, tbat tb. publio bearing b. olo..d.
co..issioner Pi.tor aov.d, .econd.d by co..i.sioner Goodnigbt and
oarried unaniaously, that tb. Ordinanoe a. nuabered and titl.d below
be adopted .Ubjeot to tbe Petitioner'. Agr....nt and .nter.d into
Ordinanoe Book .0 2"
ORDIIIAlfCB 87-"
AN ORDINANCE AMENDING ORDINANCE 82-2 THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 49-25-5
BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED
PROPERTY LOCATED AT 4101 GOODLETTE-FRANK ROAD IN SECTION 15,
TOWNSHIP 49 SOUTH, RANCE 25 EAST, FROM RSF-) TO C-l FOR AN OFFICE
BUILDING; AND BY PROVIDING FOR AN E~FECTIVE DATE.
&OtII 109 NC:.{ 558
Î" " J.'
Page 30
., ¡ .
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:~,;ü ..:.
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NOVEMBER 17, 1987
It. . ICl
U80LO'1'IOJr 17 -27 5 DrnRKIlII1fG 'l'KA'l' lie 'UB8'l'AJI'l'IAL DBVIA'l'IO. UlutI1'l
FRO. 'I'D AD1IDDJI'l' '1'0 'I'D POD I'OR BBlUBBIU LADI DBVllLOPKBlft' ORDBR
UXDBR PB'l'I'l'IO.1 PD~-87-4C AKD PD~-87-5C - ~P'1'BD
Legal notice having been published in the Naples Daily News on
November 1, 1987, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened to consider whether amendments to
the Berkshire Lakes PUD as set forth in the approvals of Petitions
PDA-87-4C and PDA-87-SC constitute a substantial deviation to the
Berkshire Lakes Development Order.
Planner Duane stated that this is simply a housekeeping chore as
*taff has determined that the PUD amendments do not constitute a
substantial deviation to the Berkshire Lakes Development Order.
c~is.ioner ·Pi.tor aoved, .econded by Coaai..ioner Goodnight and
oarried unaniaou.ly, tbat tbe publio bearing be clo.ed.
coaais.ioner pistcr aaYed, .econded by coaais.ioner Goodnight and
carried unaniaou81y, that R.solution 87-275 deteraining tbat no
substantial deviation results frea tbe ..endaent to tbe POD for
.ert.bire Lake. D..elopaent Order under Petitions PD~-87-4C and
PDA-87-5C be adopted.
,'( ,
... 109PA~ 562
Page 31
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NOVEMBER 17, 1987
:tt_ "Al
APPBAL or PLAXRI.G/IOøx.G DIRBCTOR'S DZCISIOW THAT A 1'78 PROVXSIOXAL
us. APPR.OVAL or A PUSCBOOL nCILIn B. LIKITZD TO 1fO ROD TBA1f 100
CBILDUlf - COJrrIIroZD TO DZCZJDIZR 1, l' 87
Commissioner Glass stated that the parties that are involved in
this isaue could not slay and have requested that this item be con-
tinued for two weeks, adding that staff has no objection to this.
Coaai..ioner Saunders .oved, .econded by Co..iaaioner Bas.e and
oarried unani.ou.ly, tbat tbe appeal of tbe Planning/loning Director's
deoi.ion tbat a 1'78 prOYiaional u.e approval of a preaobool faoility
be liaited to no aore tban 100 obildren be oontinued to Deoeaber 1,
11187.
"ape It
It_ 18.
UtJUBST raoK GOLDER aATZ ARZA TUPAnRl ABSOCIATIOW U USOLUTIOlf J'OR
r.zaISLATIVII AC'lIO. TO t1JfDZRTAD CHUGBS Ilf THZ GOLDn aATB ZSTAns
SUBDIVISIOlf - BVBlfIlfO PUBLIC KZARIlfO TO BE HZLD Olf THII RATTER
County Attorney Cuyler stated that one of the reasons that he
suggested that this be co~tinued from last week was in order for staff
to have time to review it. He stated that after looking at the docu-
ment, the Board would be taking a policy position if this reaolution
were adopted, adding that it would be that the eminent domain i. being
opposed. He stated that if the Boa~d wants to take this position it
would probably make no difference because this is something that would
have to be proved in a court of law in order to take property. He
stated that if the Board says that County regulations have to be
Page 32
, 'I ~ ", \
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NOVEMBER 17, 1987
complied with and procedures have to be reviewed by the County, it
will probably not make any difference becaus~ the State is not going
to subject themselves to the Caunty review. He noted that if the
Board of County Commissioners wants to make this policy decision, they
need to be aware of it. He referred to Item II of the proposed reso-
lution, stating that his position is that this is of no significance
because the State will not be subject to County rules, regulations and
ordinances particularly with regard to eminent doma..n. He stated that
~'ith regards to Item '2, if the State shows that this is a public pur-
pose, it is a public purpose. He indicated that if the purpose of
this document is for the Board to take a position r~garding condem-
nation and developmenl in the South Estales, the Board of County
Comaaissioners should be aware of what they ~re doing and what the Tax-
payers Association is asking tv be done.
Mr. Duane Billington, representing the Colden Gate Area Taxpayers
Association and the Golden Gate Estates South Protective Association,
referred to the proposed resolution noting that Item '1 means that the
Board is responsible for the 429 acres that the DNR wants to purchase
with CARL fund.. He noted that the Board is the trustee respon.ible
for ensuring the worth of these acres, adding that as trustees, the
Board of County Commissioners can be held jointly and individually
liable if the powers are not exercised to insure the value of the pro-
perty in the Estates. He stated that Item .2 refers to redevelopment
plans which serve a public purpose that is not the panther or the
,.
Page 33
eoDl 109 'A',! 566
... 109 ra".! 567
~ER 17, 1987
vater retention issues. He indicated what tt-.~ State is trying to do
i. not an issue of eminent domain, it is an issue of adverse condem-
nation. He stated that Item 13 addresses the matter of property
rights, safety considerations and the economic considerations of the
citizens of Collier County. He noted that over half the land mass of
Collier County is no longer on the tax rolls because of State and
Federal purchases. He stated that Item 14 refers to the State
f.unding, adding that they cannot come up with next year's operating
funds and questioned now they can consider purchasing this land?
In answer to Commissioner Pistor, Mr. Billington stated that the
90ard has a responsibility as trustees to ensure that there is not
undue erosion of the value of those lands and the actions of the DNR
are eroding the value of those lands and there is sufficient docu-
mented evidence. He stated that the Board needs to do what they can
to ensure that this erosion stops.
In answer to commissioner Hasse, County Attorney Cuyler stated
that the parties have to prove that they are paying fair market com-
pensation to the property owners.
Mr. Billington noted that under the CARL Program, the State is
only permitted to pay 70\ of assessed valuation and that is not fair
...rket value.
Commissioner Saunders 3tated that the Constitution of the United
States and the Constitution of Florida require full compensation
regardless of what the CARL Program legislation says.
Page 34
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NOVEMBER 17, 1987
Mr. Billington stated that these properties have already been
devalued by the DNR's past action and 70' on property that has already
been devalued may not end up with much. He noted that state action
has been .uch that these peop~e will now be forced to .ell.
eo-i.sloner Saunders stated that if there i. ..lnent doIIaln
action, then an increase or decrease in value due to the eminent
domain is not considered as affecting market values.
County Attorney Cuyler stated that the State ha:. gone about half-
way in this condemnation, adding that they have authorized the action
of condemnation but there has not been an active effort as far as
funding to purchase the properti.s.
Mr. Billington stated that the property owners are not dealing
with eminent domain, ~hey are dAaling with adverse condemnation by the
actions of the DNR.
Commissioner Pistor stated that what is being asked is for Collier
County to have the right to say that certain lands can be redeveloped
regardless of what the State agency wants to do and that any and all
development plans by State agencies should not be considered as
serving a central public purpose, adding that if something is going to
be done on this matter it has to be worded differently than what it
is.
County Attorney Cuyler stated that if the Board wants to have this
property taken off the list of properties that the State is trying to
acquire in the South Estates, he will draw up a resolution that says
Page 35
1001{ le9 N';! 56B
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NOVEMBER 17, 1987
that. He noted that this is the deci.ion that need~ to be ..de.
CoaØIissioner Pistor stated that he willing to ask that the.e pro-
perties be taken off the CARL list but not the way this is written.
eo.missioner Saunders stated that he is not sure what the overall
environ.ental iMPact would be if these properties are taken off the
CARL list, adding that it would be a good idea to have input fr~ the
enviroo.entalists on this issue.
County Manager Dorrill stated that there is not adequate basis to
.aké a decision on the environmental aspects of this, nor are the
C~issioners fully apprised of what the State's plans are for this
area. He .tated that the Legislature does not have the authority to
dictate what is of what is not on the CARL list, adding that the CARL
Selection Committee consists of a group of non-legislative individuals
that .ake recommendations to the Board of Trustee to the Governor and
Cabinet. He stated that to adopt this re.olution i. not the
appropriate way to go about this. He noted that if there is an
interest in this, a presentation could be scheduled by the DNR so that
their plans and concerns can be made public. He noted that Collier
County Conservancy and the staff feel that with the data that has been
accumulated that the over-drainage does have environMental detri..nts.
tape 110
Mr. Richard Braun, President of Golden Gate Taxpayers Association,
stated that as taxpayer. the proper procedure is to come to the Board
and let them take a position on it and then the Board go to the State
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é\1,.l89ation and let th_ know wh.t the Association reque.ts. He noted
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that Collier County va. never notified th.t this property va. put on
the CARL list, vhich vas i.proper. He stated that .11 these property
owner. are being denied their eights. He referred to . packet of
information that he pre.ented to the Commissioners and re.d a letter
lroa the Colden Gate T.xpayers As.celation that vas prepared a year
ago indic.ting th.t these people have property rights th.t are being
denied. He .tated that he is requesting that the Bc,ud t.ke a stand
to atop this .ction .. these people h.ve rights to their property and
pay tax.. on it.
Commi..ioner Gla.. stated that he would like to have an,oppor-
i. ¡ ~/~)"~l.-:"~.L'
tunity to review ,the _ter ial that Mr. Braun has pres.nted anð would
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al.o like to reschedule this .atter for a night public hearing so that
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everyone viII h.ve .n opportunity to .tate their cas. before the Board
decides vhat to do vith this issue.
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Ms. Layne, representing Golden G.te Estates Residents Associátion,
.tated that the Associ.tion un.ni~usly agreed to support the efforts
of the Colden Gate South Protective Association.
C~i.sioner H.... .tated that he would like to have the County
Attorney review this resolution before the night meeting 1s held.
County Attorney Cuyler .tated that the resolution viII be drafted
from vhat happens at the public hearing.
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COaais.loDer x.... aOY.d, ..oond.d by Coaais.ion.r ..und.rs, tb.t
th.re be . Dight publio h.ariDg h.ld on the 1..u. reg.rding tb. pro-
P.rt7 in Gold.n G3te s.t.t.. 'oath and th.t . DBR .nd . D" repr...n-
tatiy. be lDYit.d to tb. a..tiDg.
Mr. Robert Durfey stated that h. own. a large home south of
Alligator Alley. H. stated that he had no problema obtaining permits
or inspections when he decided to build his home and now there seems
to be access problems and acquistion problems. He noted that he would
.imply like the Board of County Commissioners to stand by the tax-
payer. and supporter..
Upon 0.11 fo~ th. que.tlon, th. action o.rri.d 4/0, (C~i..ion.r
GoodDlqht oat of tbe rooa).
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Building Code Compliance Director Magri stated that this i. a
request to increase building permit fees, adding that due to increased
bUilding activity and the re.ult of workloads that have encumbered
the Building Department, it has become necessary to incr.a.e staff and
equipment in order to provide an ad~quate level of service. He noted
that long terØl planning also dictate. the need for additional .pace
and to fund this, an increase of building permit fees is recommended.
He noted that the Building Department is requesting a 1St increase in
permit fees and if the present pace in construction is ~aintained,
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NOVEMB2R 17, 1987
this could re.ult in additional fund. of approximately
8240,000-$300,000 per year based on past and present revenues. Øe
noted that the Building Valuation .chedule reflects the coet of
con.truction on different types of buildings by occupancy and by types
of building, adding that for the past 15 years, Collier County has
uaed . figure of $24.00 per square foot for living area and 818.00 per
square foot for non-living area in calculating the value of construc-
tion. Øe noted that the contractor. have had the option of using that
valuation or using their contract figure. for the cost of construc-
tion. He indicated that the $24.00 per .quare foot ia not a realistic
figure in today's market. He noted that the Building Valuation sche-
dule for a residential dwelling is indicating $39.50 per square foot
in today's market. He noted that he would like to use this schedule
in evaluating construction cost., adding that staff is recommending
adoption of thie resolution.
Mr. Cary Carl.on, Preaident of Collier County Builders and
Contractors Association, stated tbat building activity has increased
which has generated a lot of revenue for Collier County. Øe noted
that the permitting improvement study comøittee comprised of the
County staff and the building industry representatives are working on
improving the perMitting proces., adding that it appear. that improve-
..nta can be made and productivity improved. He stated that Darc
revenu. is probably needed but after they have cOllpleted their ta.k,
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that until the study i. fini.hed, h. cannot support a 1St
increase, .dding that he supports the new calculation. and .chedules
.. they .r. proposed but not the increase. He indic.ted that if the
Board decide. to adopt this resolution, he would .sk th.t th.r. be an
opportunity to r.duce this cost at . later date.
In .nswer to Commi.sioner Ha..e, County Manager Dorrill st.ted
that .ince la.t summer, staff ha. been talking .bout increasing f..s
and. there w.s . .eating held with the contr.ctor.. He noted th.t in
conjunction with thi., staff agreed to taka .everal former departments
out of the Community Developøent fund which is p.id for almost
entirely by fee. and putting them on ad v.lorem. He at.ted th.t .sso-
ciated with that,' a productivity campaign was developed that h.a now
resulted in thia joint .tudy. H. stated that he would hope to g.in
increa.ed .ervice fro. this study, adding that, as'a re.ult of thia,
if there are .ny .aving. or incr....d .fficienci.. by providing a
quicker or fa.ter turnaround on the issuance of the per.its, he would
agr.. to have those saving. put in a re..rve .ccount that would be
applied .. . beglnning balance for the fOllowing year so that it would
hold down on any incr.a.ed f....
Comaissioner Gl... .tated that the .tudy i. a function toward
increasing the productivity .nd .dm!ni.trativ. c.pabiliti.., which
..ans that it fit. in with the co.t cap.bilitie., adding that if this
schedule were .pproved it would give eoøe increa.ed f... until the
report come. back. He atated it would be logical to approve this In
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eo..issioner Saunders stated that during the budgeting proceas, a
budget was approved ba.ed on a 15t increa.e in these fe.s, adding that
it this i. not approved he would question what the iaplication. are
for the general budget.
County Manager Dorrill stated that this increase Deans 85,000 per
week and this should have been done last month, adding that there is
In entire fund at stake here that was balanced and predicated on
October 1, 1987.
Commissioner Saunders stated that the fees and ~chedule could be
approved this date and when the C~itt.. comes back with the report,
if there is savings, the fees could be reduced to reflect the saYings.
County Manager Dorrill stated that it could also be put in a spe-
cial res.rve account that would be a beginning fund balance for the
following year and then deminish any fee increases for~next year.
Mr. Richard Braun, President of Golden Gate Taxpayers Association,
stated: tha~.,there is . aurplus of 8876,000. He said that the
t.çayeraof,.Collier County .hould not be sub.idizing other IctiYiUu
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J.1):.~he.~COaaaunity Development Department, lIIainly the Pla~~~ng,. ¡ J ':;:: \
DepaF.l;II!nt.1.! ..' ¡ .'
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.~. tColaissioner Saundera stated that the County taxpay~rs are not
. (.
sUbsidizing the builder. .nd the issuance of buildlngperlllits. ,
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County Manager Dorrill stated th.t a certain portion of zoning
related to current planning .ay be somewhat subsidized by fees other
than is charged for a rezoning or a PUn.
county Manager Dorrill stated that the County is not in business
to aake . profit, adding that certain departments are subaidized. He
noted that in the coming year, further adjustments will be made.
oo.a1..ioner .aunders aoYed, seconded by coa.dssioner Piator and
carried unaniaoasly, tbat Reaolution 17-271 inorea.iDg the building
pe~t and inapeotion fees be adopted witb the proviao of e.t&bliabiaq
.. na.ne f1md.
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NOVEMBD 17, 1987
u.oLO'nOJl 11-277 DBlIGD'fIJIG COUJl'lY IDIPLOYnI, DBDI8 xuson, IDtmRD
ØDUD AJm LOUIS POn AI IOIIIJIQ nr9B8'l'IGA'l'OU - ADOPTBD
Planning/Zoning Director HcKi. stated that this item is
ð..ignating three employees of the Zoning Investigation Department to
iesue citations for violations. She noted that all three have
c~leted the required training, adding that the resolution ðesignatea
th..e .-ploy... who hay. been certified by the Zoning Dir!Ctor.as
having .ati.factorily co.pleted the training course for a zoning
investigator. She noted that the three employees ar. Dennis Mazzone,
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Eðwarð Morað and Loui. Pope.
Coaaiø.ioD.r Piator aoye4, .eooDde4 by C~a.loD.r ..... aDd
oarried UDuiJloa.ly, that "solution .7-277 d.a1qDatlDq ooanty
.-ploy..., DeDDis ....on., .dYerd Korad and Louis Pop. .. 10D1n9
IDY..t19ator., be adopted.
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COftDC'f WID PLAJl'rBC D 'I'D 1UIOVJI'1' O~ t51,ssn I'OR A 8TVD~ 01'
OO..-.cIAL LAIfD UaB 1'0. .,.. noh-A DnG.IaØ'I PLAIr - AnROVB1)
Charles Cauthier, Planner, stated that he is seeking approval of a
contract with a consultant to conduct the study of commercial land use
in the County, adding that it will be an important part of the growth
aanag...nt planning process and it is also in response to the ~ra-
toriu. that i. currently in effect. He noted that this study has been
before the Board of County Commis.ioner. three times; once to approve
distribution of the RFP; to approve the short list of consultants and
then for the final consultant selection. He indicatÐd that this has
a180 been before the CCPe three times. He noted that the Citizens
Advisory Committee has been briefed on this as well as other groups in
the community. He noted that the thrust of the study is to put
together a detailed inventory of commercial zoning' and commercial
structures and operations in the County by type and sub-area. He
atated that the atudy will project the future demand for commercial
development by type and by sub-area. He stated that alter comparing
the supply to the de.and, the ..chani8me for allocating c~rcial
zoning will be reworked. He noted that Ølany of the locational and
other criteria for .iting commercial 1áck definition, adding that this
atudy will be very i_portant to the-future quality of life in Collier
Còunty. He noted that plantec 1. the consultant that has been
.elected and the study will be coøapleted in April and included 1n this
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gtèat deal of public participation. He sUte4 that t.....
cost of the contract is $51,550 and funds were appropriated in the
Orowth Management Department budget for rY 86-87 but due to the
contract 1~l...ntation date and the change to a new fiscal year that
funding aust be appropriated tegporarily from the General Reserve for
Contingency Fund in FY 87-88 until the Carry Forward budget a..odment
i. processed and he is requesting that the proposed contract be
approved and also approval the proposed budget amendment.
Co.mis~ioner Pistor questioned If this will deal ~ith the whole
.pectru. of c~rical uaage, to which Mr. Cauthier replied aff1r-
..tively.
coaa1.8ioner Pbtor 1IOYe4, .econded by coaai.doner CIOOdnipt ud
oarried ananiaou.ly, that the contraot with Planteo in the aaoant of
'11,550 for a .tudy of ooaaeroial land u.. for the qrowth aana9...nt
plaa ~ approYed and the neoe..ary budget ..endaeDt prepared.
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Ita. ".1
nm.naDrf DBSIn roR KAaco ISLAJID BBACH RBWOURISRJm1I'I' PROJscr
COJl'l'XJrUBD TO OZCBK8ER 22, 19.7 AIID MARCO ISLAIfD BEACH RBWOUJU8JDœlft'
ADVISORY OOJOIXTTBZ TO BOLD A PUBLIC DUtKO IIf 'I'KB IJI'1'ZUK
Harry Huber, Assislant Public Works Administrator, stated that
this item is a recommendation to approve the preliminary design for
the Marco Island Beach Renourishment project and to obtain authoriza-
tion to apply for the permits from the appropriate agencies to perform
the necessary construrtion to accomplish the proposed improvements.
He noted that the Board approved an agreement with Coastal Engineering
consultants on M6rch 31, 1981, to provide the preliminary design ser-
vices to the district, adding that those items for/hich approval is
being recoønended this date, are included in that agreeMent. He indi-
cated that Coastal Engineering has completed the preliminary design
for the project an1 hes presented it to the Marco I"land Beach
Renouriah..nt Advisory Coø.ittee. He stated that on October 27, 1987,
the Advisory Committee unani.ously ap~:oved the design -and recommended
that it be pre.ented to the Board of County Commissioners for
appropriate action.
Mike Stephen, Vice President of Coastal Engineerir.g, referred to
the packet of material for the preliminary design indicating the
general area of the beach renouriehment and the locations of where the
sand would come from. He noted that the design plans are based on the
delineation of the beach filled project Ii_its and the borrow .re.
..lection. He referred to photographs that showed dy.. placed in the
Page 46
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NOVEMBER 17, 1987
waters which demonstrated the circulation that is taking place there.
He noted that the borrow areas are on ",;,oa1s within the federal navi-
gation pr01ect and on shoals in the Big Marco system that will be
suitable for beach nourishment ~terial on Marco Island shoreline. He
referred to an area along the edQe of the Big Marco River where a
ainor aMOunt of fill will be pl~ced. He noted that the remainder of
the project involves pumping nand from the shoals in the Big Marco
Syst.. to the central portion of the project which runs from the south
end of the county park to the open public beach which is a distance of
about 4,400 feet. He stated that the southern project is also
approxiMately 4,000 feet goes to a stabilizing terminal structure
along the beachfront from ,he compound a~ Caxambas Pass. He noted
that the south segmen t involves the placement of approximately 560,000
cubic yards of ma te ria 1 : and the central projuct wi 11 involve 5,5QO
cubic yards of material. He stated that the borrow area for the south
project will come from sediment shoals within the confines of Caxambas
Pass. He stðted that this borrow area is outside of the aquatic pre-
serye boundary. He noted that there will be four dune walkover
systems that will be constructed across the dunes t~ preserve the dune
vegetation after it is stabiliLed. He noted that the terminal struc-
tures will be placed at the south end of the Island to assist and sta-
bilize in the beach fill and the construction plans and engineering
details are presented in the packet material. He noted that the pur-
pose of these structures is to add extended life to the fill project
Page 47
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-
'" .........--"'...
NOVEMBER 17, 1987
and to assist in reducing the incoming wave impact during storms. He
stated that the total cost of the current plan under the preliminary
de.ign is $5.2 million, adding that tho, south project is currently
estl.ated to cost $2,736,000; the central project is estimated to cost
$2,254,000 and the north project is estimated to cost $296,000.
In anewer to Commiesioner Piator, Mr. Stephen elated that each
borrow area will have to have 6 aeries of detailed core borings
located directly within them to make that determination. He noted
that the preliminary location ia based on approximately 30 core
borings that were taken around the entire perimeter of Marco Island
from Big Marco Pasa out to as much as 1-1/2 miles offshore. He noted
that part of the reason for doing this is to deter~ine if there is
suitable material and environmentally compatible material directly
offshore of the beaches. He noted that the most favorable boring_
were in the vicinity of the borrow areas shown on the plans and the
final design step will involve a series of detailed borings along the
length of these areas down to th9 required dredging depth which varies
between minus 10 and minus 15 feet from the surface.
Commissioner Pistor questioned what is being done about access
points as the plans do not show any, but th~ referel.-1um indicated that
there would be additional acce~s points?
Mr. Stephen stated that there will be 4 dune type walkovers that
will provide access from any given location on the beach to the dry
recreational beach, adding that the beach committee has created a sub-
Page 48
I. 109~t612
.....,c". '~";'","~,,,.~_.,,_."",".·,..""_w''''·'_'"''_ --'_'_---"-"-
.. 109psr;t61:J
NOVEMBER 17, 1987
c~ittee that is dealing with the access question and it has been
indicated that the walkov~r locations are not yet defined and criti-
cally located. He noted that the committee will have the ability to
tell hi. where to put the dune walkovers.
In answer to Commissioner Hasse, Mr. Stephen stated that the com-
.ittee holds public hearings advert~sed once a month on Marco Island
and a full presentatio~ of the plans and supporting data ~as aade on
October 27, 1987, ~t that hearing. He noted that another hearing i8
scheduled for Nov~mber 24, 1987, to go over the plans in detail again.
Mr. Huber stated that the purpose of this request is to simply
receive approval of the Board of County Commissioners on the pre-
li.inary design and give hi. authorization to apply for the per.its.
Commissioner Pistor slaled lhat tS long as il is recognized that
this is definitely a preli.inary design and any aulhorization given
will be simply to apply Cor the permits.
Commissioner Pistor questioned how long it will take to get the
per.its, to which Mr. Huber replied 8 or 9 months.
Commissioner Pistor stated that the State has scae woney to be
given avay for this type of . project and the aoon.r it gets gOing,
the better chance the County will have of receiving ~ome of that
IIOney.
Mr. Huber indicated that he has already made the application for
the funding to the State.
"ape 112
Page 49
-
-
-
""-_.,~
NOVEMBER 17, 1987
Mr. Robert Stakich, Chair..n of the Marco Island Beach
Renou~i.hment Advisory Committee, stated that there have been several
public meetings with presentations by Coastal Engineering. He noted
that at th~ next meeting as well as presentations by Coastal
Engineering again, there will also be a discussion on bonding and he
hopes to be able to come back to the Board of County Commissioners
next month and ask permission to have this put on the ballot in March.
Mrs. Margaret Clayton expressed her grave concerns regarding the
activities of the Marco Island Beach Renourishment Advisory Board and
the activities of particular individuals that preside on this board.
Sh~ presented a packet of .aterial to the Board of County
Commissioners with documented information regarding her concerns of
the advisory committee and particular members. She noted that it
would be premature for the Board of County Commissioners to act on any
~tion put before them at this time. She stated that the taxp~yers of
Marco Island have not been sufficiently informed of the goals and
activities of this board. She indica~~1 that the Chairman of this
advisory committee has not filed a full financial disclosure. She
noted that this Chairman has a conflict of interest as he i. the sole
trustee of bankruptcy of Hideaway Beach Inc., Hideaway Development
Corporation, and Hideaway Beach Limited. She reported that Coa£tal
Envineering was hired without competitive bidding which i. not proper.
She noted that this cvmmittee has no intention of providing access or
parking for the taxpayers of Marco Island that do not live on the
Page SO
'OIl 109...,.. 614
.. 109nQ615
NOVEMBER 17, 1987
beechfront. She stated that she is requosting that the Chairman of
this advisory committee be removed from the committee and that the
activities of the committee be closely monitored and that no action be
taken this date.
County Attorney Cuyler stated that he has not heard these allega-
tions and has no comment on the..
Commissioner Goodnight stated that the allegations that have been
..de are not part of the item that is being addressed this date. She
steted that the Board of County Commissioners appointed the member. to
this committee and everything that they request has to be approved by
the Board of County Commissioners. She note that the Board also hired
Coastal Engineering as this firm had alr~ady spent considerable time
looking into the beach renourish~nt project and it was the opinion of
the Board of County Commissioners that it would be money well spent to
continue ~ith this firm. She stated that if there i. a problem with
the financial disclosure, the Chairman of thr committ~e could talk
with the County Attorney and ge~ this straightened out.
Mrs. Clayton indicated that when meetinge are held they are not
open to the public as they have been held 1n a condo that requires a
person to go through a guard at the gate.
Commissioner Saunders stated that he voted to have the Chairman of
this advisory committee pul on the commiltee, adding thal he Celt that
he would do an excellent job. He stated that there i. question con-
cerning the financial disclosure and he would suggest that he meet
Page 51
-
-
-
NOVEMBER 17, 1987
with the County Attorney to be sure that the disclosure form confor..
to Stftte law, adding that he does not ~onsider that to be a .ajor
probl... He stated that competitive bi~ding was waived becau~e of the
firms already substantial investment of time and effort in the pro-
ject.
Mr. Stakich stated that the next meeting will be held at the Frank
E. Mackle Community Park. He noted that the above referenced allega-
tions are totally untrue, and eight outstanding members of the com-
aunity are on this committee and they have spent a lot of hard work
and time as members of this cOmMittee.
"'ape '13
Mr.. Ann Bruner stated that nothing should be d(ne with regards to
this matter until the people have had an opportunity at a public
meeting to hear a presentation regarding this and to review the plans.
She presented her written statement to the Board of County
Commissioners which indic~~ed that she wuuld like to see an economic
study of the benefits of this pIau, as there is usually a benefit or
an increased value of property if there is a beach restoration effort
undertaken. She noted that national studies indicate that homes will
be increased in vdlue only if adequate publir access i, available, but
if access is restricted, inconv~nient or ins~fficient they are only
slightly benefited by beach restoration but private beach front pro-
perties are greatly benefited by beach restoration. She noted that
all homeowners are being asked to pay an equal share and not everyone
Page 52
-. 109".~ 616
_.,~..--.,-,.__._...
... lC9wJ. 617
NOVEMBER 17, 1987
has benefits unless there is public parking with access. She stated
that If the Marco homeowner can be forced to restore Hideaway's exclu-
sive beach, then there is no need for S~ate and Federal funding
because wi~h that funding, there would have to be access points. She
stated that the Chairman has a conflict of interest and he should not
be serving on this committee. She stated that she would recommend
that the Board of County Commissioners ~bide by the wording of the
referendum.
Mr. David Bruner presented various material to the Board stating
that hi, objective is that he would lik~ to use any available State
funding to assis~ the Marco Island taxpayers in the payment of the
renourishment of the beaches, adding that rather thnn spend the $4.8
.illion from local tax money, he would prefer to spend that money for
a much needed civic center or an olympic si7.e swimming pool. He noted
that the State will not spend public state money for private purpose
as they require public access to the beach as this Board has roquired
~any times under Ordinance 86-31. He roted that the committee has
decided to ignore beach access, but the ordinance charges the commit-
tee to identify to the Board, the location for access points. He
noted that the State funding would be available if Ch~pter 161 of the
Sta~e law was followed, which is having access every half mile with
parking. He indicated that he has no problems with the consultants
that are working on this, but they would like to have open public
Meetings without a conflict of interest, with proper disclosure torms
Page S3
-
-
-
.. ..."_.,,,.-~--"_.....,....~,._.,,..,_.~,..,,-~,,.....,,,~--
-
-
-
NOVEMBER 17, 1987
filed, and wi~h respect to enforcement of the Sunshine Law. He noted
that the .inutes of the meetings are not recorded and their meetings
are not announced, adding that this is clearly illegal. He stated
that there is not a proper recommendation in front of the Board of
County Commissioners that they can act on at this time. He stated
that he is requesting that this matter be tabled until everyone knows
what is going on and un~il everything is done properly.
c~i..ioner B.... aoy.d tbat tbi. it.. be continu.d to Deceab.r
22, ltl7, until after tb. tOYD ...ting of .OTeaÞ.r 14, 1'17, and tb.t
Mr. CUYl.r and Mr. stakich g.t toq.tber regarding any di.clo.ur.
probl....
c~i..ion.r Saund.r. ..oonded the .otion with the ...nda.nt tbat
tb. ..eting Þ. adv.rti..d 1n tb. new.paper; tbat a pr...ntatioD be
..d. Goncerning tb. proqr..; tbat anyone tbat want. to c~.nt be p.r-
aitt.d to do .0' tbat it be conduct.d a. a full public b..ring, and
tbat tb. County Attorney be pre..nt. Coaa1..ion.r B.... ...Dd.d hi.
action to includ. Coaa1..ioner Saunder.' ...nda.nt..
.,ape fl4
Mr. Stephen stated that IIðny of the public access questions and
qualifications can only be resolved during the review process by the
State DNR. He stated that Coastal Engineering Consultants responded
to a Request for Proposal by submittal of written qualifications,
technical credentials and experience and after review of the written
documents, two firøae were short listed for interview by the selection
lOll 109 rJ'.t 618
Page 54
;. '. ~ .
i' ,
. ."!
I:' .
... 109",-619
NOVEMBER 17, 1987
co.øalttee and he was selected and it was then approved by the Board of
County Comøaissioners.
Mr. Felix Birnbaum stated that in order to spend public funds, it
requlre~ that there be access and this project has not presented any
public access or parking.
..... Depotr Clerk XUeter replaoed Daputy Clerk Kenyon
at tb s ti.e . 5a30 .... .....
Mrs. Charlotte Westman, Marco Island resident, stated that the
residents of Marco Island have not had the benefit of reviewing the
plans and requested the Commission to continue the hearing until after
the Marco Island public meeting.
Mr. William Clayton, Marco Islant resident, requested the Board to
poatpone this hearing until after the first of the year. He atated
that many people will find it difficult to attend during Christmas
week. He noted this ~ould also .llow the residents time to digeat
the information they will be receiving.
Upon oall for the questioD, tbe aotion carried una&!aously.
It.... UB2
ItBQOB8T FOR courn '1'0 nJt'J'ICInn IØ 'l'JIB rmrDI.a or TKB IIAJtCO I8LAJfD
SBACH U8'1'ORATIOR PROJECT - COII'nIlUBD '1'0 DBCBKBBR 22, 1987
Coaai..ioner .i.tor .oyed, .econded by Coaaissioner .aander. &ad
carried unanimously, tbat consideration of the request for the County
to participate in tbe funding of tbe Marco Island Beacb Restoration
projeot be oontinued to Deceabar 22, 1987.
... "CB88 AT 5a35 P.M.
It.... '.Dl
UOO~D AT 5.45 .... ...
Paoe 55
-
-
-
NOVEMBER 17, 1987
M.....ft FOR naIDZ.IIIG 8lntVICB8 WIft CO.80IR, 1'OWJf8BJm AJm
UIJOCIAn8, 1110. roa 'fila IfOItTIr COVII'I'Y n8TnATBa 'I'UA'1'KBJI'1' PLAIr1'
.ZPIX'I~ - APPROVlD
Utilities Administrator Crandall stated previously the Board
approved the firm of Consoer, Towns~nd & Associates, Inc. as design
engineer for the North County Wastewater Tre~tment Plant Expansion.
He stated Staff has negotiated an agreement and are requesting appro-
val of the agreement. He staled that funding for the design portion
of the agreement is budgeted and available in the current year.
C~..ion.r Goodnigbt ~.d, ..oond.d by C~i".ioner s.... and
o.rri.d 4/0 (Co..i..ion.r Pi.tor ab..nt), tbat the Agr....nt for .ngi-
n..ring ..rvioe. with Con.o.r, Town..nd a~d A..ooiat.., Ino. and an
.xpenditure not to exo..d '600,000 for d..ign ..rYi~.., b. .pproYed.
.. l09w.~ 620
Page 56
NOVEMBER 17, 1987
It_ 1t~1
ItUOtA!'I'IOJI .7-27., UIMBVR8BUJ1'1' O~ IJrfBK"'In aX..".B. reR '1'WO
OJIDIDAft8 rea T1Ø IDIBRaBJICY samczs MKItnlTUTOR' I P08I'l'IOIf -
ADOP'l'BD
County Marlager Dorríl1 stated Staff is requesting authorization to
re1Ø1burse two candidates for interview expanses for the Emergency
S.rvice. Administrator's po.ition. He stated there are a total of
five candidates for the position with two being from out of town.
coaai..ion.r OOodniqht soyed, ..oonded by co..i..ioner R.... and
oarri.d unaniaou.ly, th.~ R..olu~ion .7-278 authorising th. r.iabar-
....nt of interview expen.e. for two oandidate. for the ...rg.noy
'.rvio.. Adaini.trator'. po.ition, be adopt.d.
Page 57
,.. 109 nr.r 650
---
NOVEMBER 17, 1987
It. "F2
VPD~'fII 011 LBLY BARBPOO'I' .DCII - JIO ~C"1'IO.
County Manager Dorrill stated that he was in Tallahassee yesterday
and the State's General Counsel had asked that the Lely Barefoot Beach
item be withdrawn from today's State meeting and it will be resche-
duled for December 1, 1987. He said the position of the new Executive
Director, Mr. Gardener, is to stand behind the Staff's "67\ of their
appraisal rule-. He said Mr. Gardener aCknowledges that their
apprai.al is peculiar because it is so low and he does not know why
and would not have a =hance to find out why until the item is
discussed before the Cabinet. He said Mr. Gardener indicated that the
County will have an opportunity on December 1st to make a proposal
before the Cabinet; he acknowledges that it is a nice piece of pro-
perty which can be acquired at a reasonable price; and one in which a
local government is willing to pay one-third of the cost.
-
Mr. Dorrill stated that Mr. Gar~ener further s~id that they will
be w!lling to enter into a long-term lease both for the Lely Barefoot
parcel, as well as the 5,000 ft. south of that location. He said Mr.
Gardener also stated he will .u~port that lease because they do not
currently have the resources to operate these types of facilities.
It. U1A2
BUDGB2 AKlMDKBMT8 '1-20/2' - ADOPrlD
Finance Director Yonkosky requested that Budget Amendment No.
88-19 be removed, as it was inadvertently placed on the agenda in
Page 58
'OOI 109,A,.t 652
... 109 ,y). fJ53
NOVEMBER 17, 1987
error.
co.a!s.ioner laundere ao.ed, ..condad by Coaai..ioner s.... and
carri.d unaniaou.ly, tbat Budget aa.ndaent. Ro. 8'-20/29, be adopt.d.
It_ 112B
&B80LUTIO. 17-279 PROTB8~I~ AC7IO. ~KB. BY 8~ATB DKR TO LIKI~ AOCB81
'l'O JADS ICBlfIC DRIVD - ADOPTBD WI'J'JI .~IPULA'fIOR
Commiesioner Goodnight explained that sh~ has received many let-
ters of complaint regarding the Department of Natural Resources
actions to close off the right of the public to use the Fakahatchee
Strand. She stated these letter were from property owners living
there. She .tated the County hae not deeded Janes Scenic Drive as yet
and she requested Real Property Management Director Carroll to draw up
a r..olution to request the State to give the property owners in the
area the right of access to their pro~rty until such time as the State
purch.... their. property.
Com.issioner Has~~ stated it was his understanding that the resi-
d.ntr were to be given keys to the gates.
Commissioner Pietor stated he has spoken to DNR on this subject
and was told that the residents who could prove thay owned property
will be given access by ~ans of a key or combination. He stated one
of the problems is DNR cl~i.. th.y do not have a list of the property
owner. and he has requested Mrs. Carroll to provide one.
In answer to Commissioner Hasse, County Manager Dorrill stated it
will prohibit sightseers from going through the strand.
Page 59
-
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NOVEMBER 17, 1987
Mr. Duane Billington stated that residents should not have to
prove they own property since it is public record. Mr. Dick Braun
atated that DNA is violating huaan rights and has no right to fence
the property.
Mrs. Joyce Ogden stated she has owned property in the Fakahatchee
Strand since 1969 and has never been contacted by DNR for purchase.
She .tated the area was traditionally a wilderness, hunting,
recreational area and has continued to be such until the Florida Game
and Fresh Water Fish Commission came forward and decided that the deep
and hog population sh~uld be saved for the panthers. She said that
action has denJed the property owners use of their own property. She
stated it would be very helpful if they could merely show a driver's
license to prove they. own property, and nothing more should be needed
since ownership is public record.
Mrs. Ogden stated the gates, chains, locks, and boulders were
installed without any notification t, property owners. She said 7 of
the 16 gates are in disrepair and her feeling it that keys or com-
binations will not be a workable situalion.
In answer to Chai~man Glass, Mrs. Ogden stated the gates are
located on the tram roa~3 or old logging roads. Ch~irman Glass
requested Public Works Administrator Archibald to see. f any of the
gates ere on Janes Scenic Drive or County rights-of-way.
coaai..ion.r Ooodnigbt aoyed, .eoonded by coaai..ioner B.... and
o.rried unani.ou.l1, tbat .e.olution .7-27., prot..ting .ny .otion. by
.aqe '0
tooc 109,A'.! 654
rr_¡_
~.~.. 17, 1"7
.. to liait .00... to Ju.. .oesal0 Dri",., be .4opt.e41 th. Coaty
llaaaeJer be IDQtruot.d to bold th. r.solution ud try to sol.. th.
probl.. .t . 100al 1...1 before tran..ltting it to T.ll.b....., and
.taff .utbori..ð to reaoY. any .truotur.. on county property or
rigbt.-of-w.y if not re.ol.ed on tb. looal l..el.
Page 61
-
-
-
NOVEMBER 17, 1987
It_ 1l2A
D%8CV'IIOJI or lonR ORDI1IAJICII UGAJlDI'-G WALLS AIm nJlCZ. - COftIllb.O
'fO 110''''0 24, 1"7
It .a. tbe gen.ral con..n.u. tbat tbe di.cu..ion of tb. loning
OrdiDaDc. reqar~inq .alla and f.nc.. be cQntinued to .OYeaber 24,
1'11.
It_ U3A
aaøo~IOJI 87-2.0 PROVXDI~ 80PP0~ roR OTILIIATIO. or B-'11
.ua8CJUB8R nB8 roR PROCVR8IœJrr or AIr B-t11 COMPO'fBR 8T8TU - ADOPTBD
Cowai..ioner Pi.tor ~.d, .econd.d by Coaai..ion.r R.... and
carri.d 4/0 (C~i..ioner Goodnigbt ab.ent), tbat R..olution a7-280
proYldinq .upport for utilis.tion of .ub.criber f..!) for tb. parcba..
of aD 8-111 c~t.r ay.t_.
Page 62
1- lug,.'.! 658
r i
j
NOVEMBER 17, 1987
¡tea un
IBQUBft TO BanBLISB A PItB-ftIAL PROGRAM FOR SDIOR CI'lIlDS CllARGBD
WI'I'II A 1lI80amAllOR - APPItOYBD
Coaai.sioDer Pistor ~.d, seconded by co..i.sioner launders and
carried 4/0 (Co..i.sioner G004niqht absent), that the request to
e.tabli.h a pre-trial proqr.. for senior oiti..na charged with a ais-
d..nor, be apprOYed.
Page 63
aoae 109,aQ 662
NOVEMBER 17, 1987
...
~e following it... w.re .pproyed and/or adopted und.J ~he Con.ent
Ag.nda by action ..d. by co.al..ioner Pi. tor, ..conded by ,...i..loner
B.... and carried 4/0 (C~I..ioD.r Goodniqbt out of the r~).
It.. flUl
SA'rI81'AC'rIOIf or LID POR nus KACIIIO , nLDIJfG
8N Page
h7f
It. UU2
.UISFAC'1'IOJI or LID POR LOCILLB B. S'RFL
See P!lge
It_ U4A3
8A'fIll'AC'l'I0If or LID POR ROnLD K. DLLY
(P7S
See Page
It_ U4A4
8A'fI8ßC'1'IOIf or LID POR CAJUIDB DILUCIO
ø7"
See Page
It"'U81
LBAa8 MUmIBJrl BAu..M BOARD :>r COUJn'Y COlOlI8SIOOas AJrD 'l'BB
COÞ.~.S or DPLB8, IJIC.
See Pages ~
'77
It. U4B2
aJtAII'1' or DUllfAaB ~GlBfts 'rO 'l'BB PBLICAJr BAY IKPRO'lJDlBM'1' DI8'1'JlIC'r
See Pages h r~ - h Pf
It.. U4B3
LAXB TRAPFORD XBKORIAL GARDD CBKB'1'aRY DBBD '528
S.e Pag.
Iø 9tJ
paqe lot
IDOl( 109,1',1 668
HI( 109 w.t 669
IIOVIDuJO 17, UI7
xu. U".4
~ or COKPLftG coanOCl'IOII or aooDLft'n-nAJrK ROAD 81'
BIaJI1m1' PAVBU UD O'l'JIBR ULAnD I'l'BK8
Subject to receipt of recor~ dra~ings and completion of all punch-
list items. AIBO authorize the Public Works Division to open the
c~leted roadway but keep the Center Street and Carica Road
connections closed for 30-90 days pending further consideration by
the Board of County Commissioners of reactions from residents of the
Pine Ridge Subdivision and the general public.
It_ flUS
naLIKIDR1' ACCBPTAlfCB or 'I'D ROADWAY UD DRAIRAGB IKUOVBJl&irrs I'OR
~ ....000 BA81', UJrI'f 3
It_ '1481
III'1'BRIK ROAD IMPAC'f nB PAYJœJrr AaUBKB1n'8 WITH CUDLBJI I'JIIVBLOPDJrl'
COKPAlr, (UJfGI LAD 8OUUB) UD 'I'ItJI VI..YARDS DZVllLOPllBII'I' CORPORA'fIO.
('I'D VInnRDI CLoaBOOBB COIIPLaZ)
... ..ag.. ¡, q I - 7 () .If""
It_ f14Dl
ItDLLOCA'fIOJI or BXPJIJIDI'1"OU8 ~ O'fILI'1'I.S CAlJRIBUJIQ ~"OJICl'IOJI,
C&D'1'IIIQ CLJrU III POIII'fIOJI
It. U4D2
.ooan MBJIJnu;n '1'0 J'OJß) IDIllfBJft' DOKAI. ACQOIIII'1'IO. or PROJBC'I' SID.
I'OR 'I'D "801J'1'JI COOJl'.n UGIOIIAL 1rA8'fBWADR nCILITIBS"
It_fun
POIIITIOR RBCLA88IrICATIORII FOR rI8CAL YBAR 1'17-88
Growth Management Coordinator reclassified Growth Management
Director at Pay Grade E-06, $31,350 - 547,030.
Two En9ineer III positions reclassified to Engineer III
Supervisor at Pay Grade P-20, $31,9.1 - $44,717.
Peg. 65
-
-
-
NOVEMBER 17, 1987
One Engineer II position also recl~ssified to Engineer III
Supervisor.
Solid Waste Coordinator position reclassified to Solid Waste
Supervisor at Pay Grade P-IO, $19,609 - S27,4S2.
Engineering Technician II position reclassified to Engineering
Technician I II .
It_ 114Gl
cmaonnCAB8 OJ' CORJtBC'I'IOJI 'to 'l'1IJI 'fAX IWLLS
1984
No. 268
Dated 11/03/87
1985
No. 244
Dated 11/03/87
1986
No. 215
~ted 11/03/87
19-.;7
M08. 28 - 70
Dated 11/03-06/87
1987 Tangible Personal Property
No.. 1987-35/52
I~_ 114G2
Dated 11/02-96/87
.rru QADI 'I'IJOI J'OR 1111mB m8. 555", 53'54, 3'138, .i37'l, 511'1,
1148', 44080, 52'23, 43730, 52781, 40'05, 4'025, 42217, 382'0, 1401'
yp 110'2
It. lUG
KIICBLLAKBOUI CORRBlPOJIDBltCJI J'ILBD AlfD/OR UnRRBD
The following corre~pondence as referred and/or filed as indicated
be10wI
Page 66
MIl 109 '&';1 670
... 109 ,.(;[ 671
NOVEMBER 17, 1987
1. Notice received 11/06/87 of ten public hearings to be held by
the Dept. of Administration re veterans' preference in
employment and retention pursuant to Chapter 87-356, Laws of
Fl. Referred to BCC, Neil Dorrill, Veterans Services and
filed.
2. Letter received 11/09/87 from Sandra M. Whitmore, Chief,
Bureau of Public Safety Management, Dept. of Community
Affairs, enclosing a copy of the public notice regarding
the Department's proposed Pule, Chapter 98-42, Florida
Administrative Code, the Anti-Drug Abuse Act of 1986.
Referred to Neil Dorril1, 5~eriff A. Rogers, James C. Ciles
end filed.
3. Letter dated 10/26/87 from Virgil L. Choate, Correctional
Internal Inspector, Dept. of Corrections, regarding jail
overcrowding. Referred to Neil Dorrill and filed.
4. Letter dated 11/05/87 from Virgil L. Choate, Correctional
Office~ Inspector II, regarding corrective action response _
follow-up' insPeCtions - Collier County Jail, 10/28/87.
5. Letter dated 11/05/87 from Doughs L. Fry, ',~nvironmental
Manager, enclosing short form application (File Nos.
111413965 and 111413985), which involves dredge and fill
activities. Referred to Neil Dorrill (ltr), Dr. Proffitt,
Tom Crandall and filed.
6. Letter dated 11/04/87 from from Douglas L. Fry, Environmental
Manager, enclosing short for~ application (File No.
111413405, which involves dredge and fill activities.
Referred to Neil Dorrill (ltr), Dr. Proffitt, Tom Crandall
and f Ued.
7. Letter dated 11/04/87 from Douglas L. Fry, Environmental
Manager, enc'.osing short fOClI application (File Nos.
111413979, which involves dredge and fill activities.
Referred to Neil Dorrill (ltr), Dr. Proffitt, Tom Crandall
and f lled.
8. Letter dated 11/06/87 trom Douglas L. Fry, Environmental
Manager, enclosing short form application (File Nos.
111414385 and 111415485), which involves dredge and fill
activities. Referred to Neil Dorrill (ltr), Dr. Proffitt,
Tom Crandall and filed.
9. Received 11/03/87 from Dept. of Natural Resources, notice
and agenda of the Land Acquisition SelectIon Coøølttee
meeting for the Conservation and Recreational Lands Pr09r~m
Page 67
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NOVEMBER 17, 1987
and the State RecreeUon and Pa~'ks Land Acquisition Progcd. on
11/19/87 in Tallahassee. Referred to Neil Dorrill, David
Pettr~, Dr. Proffitt and filed.
10. Letter received 10/27/87 from Tom Cardner, Executive Director,
Dept. of Natural Resources, advising that on 08/04/87, the
Governor and Cabinet, sitting as the Board of Trufttees of the
Internal Improvement Trust fund of the State of Florida,
approved the 1987 Conservation and Recreation Lands (CARL)
Priority List. Approved were fakahatchee Strand, Horrs
Island, Rookery Bayard Save Our Everglades. Referred to
Board of County Commissioners, Neil Oorril1, David Pettrow,
Dr. Proffitt. Ceorge Archibald, Pat Carroll and Ciled.
11. Memorendum dated 11/02/87 to All Interested Parties, from
David J. Buchanan, Planner Supervi"or, Bureau of Park Plan-
ning and Design, Dept. of Natural Resources, regarding
~eting to be held 11/19/87 in Tallahassee. Referred to Neil
Dorrill, David Pp.ttrow and filed.
12. Letter received 11/09/87 from Frank H. Thomas, Assistant
Administrator, Federal Insurance Administration, Federal
Emerg('ncy Management Agency, advising that to date, the
revised adopted regulations for Collier County have not been
received by FEMA. Referred to Neil Dorrill, David Pettrow,
Tom McDaniel and filed.
13. Minutes - Filed
10/21/87 - CCPC Citizens Advi!Jory Committee Meeting.
10/13/87 - Golden Cate Parkway Beautification Advieory
Cor.mittee ard 11/10/87 Agenda.
14. Received 11/09/87 froø Public Service Commiesion, Notice of
Hearing to All Investor-Qwned Electric and ~~ Utilities,
re hearings on 02/22/88 in Tallahass~e. Filed.
15. Letter dated 11/04/87 from Cerald C. Lott, P.E., District
Traffic Operations Engineer, Dept. of Transportation, regarding
notification of changes in traffic regulations. Referred to
Commissioner Coodnight, Neil Dorrill, Ceorge Archibald and
f Hed .
16. Received 11/09/87 copy of a letter to Jeff Perry, MPO, from
Ron Lasseter, District Transit Program Administrator, Dept.
of Transportation, attaching print-out that identifies the
current work prograØl for FY 87/88 - 91/92. Referred to Neil
Dorrill, Ceorge Archibald and filed.
Pag. 68
I_ 109 '1'·1 672
.. 109,au 613
17.
NOVEMBER 17, 1987
Copy of letter dated 11/05/87 to Ms. Victoria Todd, Tri-County
Senior Services, Inc., fro. Ron Lasseter, District Tran.it
progra. A~ministrator, Dept. of Transportation, attaching
print-out that identifies the current work program for FY
87/88 - 91/92.1 Referred to Neil Dorrill, George Archibald
and filed.
It. '14111
0801.0'1'%0. .7-2.1 UAPPOIftIIfG DJt. RALPH C. 8LAI8DBLL AIm D. DJrRY
DUI.S TO '1'D COLLIBR COUll'l'Y DALTB WACILI'I'IBS ADTIIORI'fY
See Pðge
7t:J6
...
There being no further business for the Good of the County, the
aeeting was adjourned by Order of the Chair - Ti..: 6:05 P.M.
BOARD OF COUNry CXHoIISSIONERS/
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING ØOARD(S) OF
SPECIAL DISTRICTS UNDER ITS
CONTROL
cL-a"~ .¢~ -
À.RNOLO LEE CLASå, CHAIRMAN
A'l'TEST :
JAMES C. GILES, CLERK
,'~
, 8? ~ .?µ"? £}C
:' : ,The.e:...i,;útes approved by the Board on ".¿:7~,. ¿";/.5: ,.. ",."..,?
:.: ~. .!.~ ~ ~
','- 'a. pr...n.ted! or as corrected
. ~. . "i.þ.':'~ .
',' ,
I, ,.,.,.
Page 69
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