BCC Minutes 06/02/1987 R
Naples, Florida, June 2, 1987
LET IT BE REMEMBE~ED, that the Board of County Commissioners in
and for the County of Collier, and also acting as the Board of Zoning
Appeals and as the governing board(s) of such special districts as
.'
have been created according to law and having conducted business
herein, met on this date at 9:00 a.m. in REGULAR SESSION in Building
"F" of the Courthouse Complex, East Naples, Florida, with the
following members present:
CHAIRMAN: Max A. Hasse, Jr.
VICE-CHAIRMAN: Arnold Lee Glass
; :-
John A. Pistor
Burt L. Saunders
Anne Goodnight
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ALSO PRESENT: Joe War ren, Financo Department; Maureen Kényon ;·Jírta-."
Beverly Kueter (1:15 p.m.) Deputy Clerks¡ Neil Dorrill, County
~
Manager; Tom Olliff, Assistant to the County Manager; Ken Cuyler,
County Attornëy; Bruce Anderson, Assistant County Attorney¡ Tom
Crandall, utilities Administrator¡ John Madajewski, Utilities
Engineering Director; George Archibald, Public Works Administrator;
Kevin O'Donnell, Public Services Administrator¡. David Pettrow,
Community Development Administrator; Tom McDaniel, Robert Duane and
Dave Weeks, Planners; Sherry Rynders, Risk Management Director; Steve
Carnell, Purchasing Director; Nancy Israelson, Administrative
Assistant to the Board; and Deputy Chief Ray Barnett, Sheriff's
Department.
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,Page 1
8DDK 104 PAr.( 547
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JUNE 2, 1987
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WITH THE FOLLOWING CHANGES
commissioner Glass moved, seconded by Commissioner Saunders and
carried unanimously, that the agenda be approved with the following
changes:
a. Item #6B2, Whispering Pines, Inc., - Petitioner is requesting
continuance of this item until July 21, 1987.
b. Item #lOB Added - Amendments to the Collier County Water Sewer
District Special Ac~.
c. Item #14C2 deleted per staff's request.
d.
Item i14D3 to be moved to 9D4 per County Attorney's request. ,
f'.ov....:
Item 'SAl
EMPLOYEE SERVICE AWARD PRESENTED
'~Commissioner ~asse presente~ an Employee ~ervice Award ;0 Isidro
t' ._. .
Losano, Road and Briag~ Department for 5 years of service with Collier
County.
Item fSA2
NORMA TREVINO RECOGNIZED AS EMPLOYEE OF THE MONTH FOR JUNE, 1987
Commissioner Hasse recognized Norma Trevino as Employee of the
Month for June, 1987, for her outstanding contributions to Collier
County. She was notO in attendance to accept her award.
Item 'SA3
PROCLAMATION DESIGNATINQ JUNE 6-13, 1987, AS NATIONAL SAFE BOATING
WEEK - ADOPTED
Commissioner Goodnight moved, seconded by Commissioner Pistor and
carried unanimously, that the proclamation designating June 6-13,
1987, as National Safe Boating Week be adopted.
Page 2
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JUNE 2, 1987
Item 'CiBl ¡ 8A
ORDINANCE 87-44 RE PETITION PDA-87-3C, VINEYARDS DEVELOPMENT
CORPORATION REQUESTING AN AMENDMENT TO THE VINEYARDS OF NAPLES PUD _
ADOPTED SUBJECT TO AMENDMENT OF THE PUD AND THE PETITIONERS AGREEMENT.
RESOLUTION 87-l21 APPROVING POLICY DELAYING DEDICATION OF UTILITY
TRANSMISSION AND COLLECTION LINES - ADOPTED WITH STIPULATIONS
Legal notice having been published in the Naples Daily News on
April 24, 1987, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was continued from May 26, 1987, to consfder
Petition PDA-87-3C, filed by Wafaa F. Assaad, representing the
Vineyards Development Corporation requesting an amendment to I'The.
Vineyards" of Naples PUD changing the nama of the ownersi "The
Planning Team", altering the land use schedule to match previously .
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approved master plan changes, increasing general permitted uses and
allowed signage, adding churches as a peqrnitted principal use in resi-
dential areas~ changing commitments regarding water management and
provision of potable water, and other minor and miscellaneous changes
which do not increase the total number of dwelling units previously
approved.
Planner Duane stated thdt this proposal is for a number of minor
modifications to the Vineyards PUD which borders along Vanderbilt
Beach Road. He noted that the Environmental Health Department
reviewed this petition and objected to the petitioner's proposal to
use wells and septic tanks to serve the golf course rest stations
instead of a central water and sewer system. He indicated that the
"
CCPC reviewed the petition and recommended approval stipulating that
&DDK 104 PAGE 555
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JUNE 2, 1987
septic tanks and wells shall be permitted by the County in certain
relatively isolated and small use areas such as rest stations within
the golf course. He stated that Staff and the CCPC recommend approval
of this petition subject to amendment of the PUD and the CCPC's recom-
.'
mendations. He noted that no correspondence has been received
regarding this petition.
Commissioner Pis tor stated that he does not understand why the
references are made i~ the pub with regards to a water treatment
plant, to which Mr. Duane stated that these are standard stipulations
and are included in the recommendation in the event something unfore-
seen should happen.
Mr. George Varnañoe, Attorney representing the Vineyards, stated
.
that these are fairly routine minor changes in the PUD, but he would
like to discuss the issue regarding the utilities. Hé noted that in
18 months the County has ij1ans to run a water line along Vanderbilt
Beach Road which is the n?rthern boundary line of the Vineyards, but
~·.·;-~ln the interim, if they need water they have to put in an interim
system like other developers do. He stated that they have agreed in
- the.. dpcl"lment; t.o connect to th,e Couhtywater system pursuant to the
terms set forth therein. He stated that if the lines are there before
the development is ready, the development will connect directly to the
water but he does not think that the County will be ready at the time
that the development is ready as construction and residences will be
up in January and the clubhouse will probably be ready for a "CO" bet-
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JUNE 2, 1987
ween October and November of this year. ~
Mr. Varnadoe stated that his reason for addressing the Board this
date is that there is a proposed change to the utilities section of
the PUD which is dependent upon the Board changing its policy
regarding dedication of water and sewer lines and when that occurs.
He stated that there is no County sewer service in this area and the
Vineyards is not currently in a sewer district and there is no master
plan for providing such to ~he Vineyards. He stateq that staff has
indicated that 10 years is a good approximation of time before County
sewer service will be available and based on that, the developer is in,
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the process of forming an interim utility company and have applied to
the PSC for an interiln franchise and to effect rates for that utility
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company. He ~tated that this has raised a problem with regards to the
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dedication of the utility lines to the County for the sewer prior to
those being placed into service. He indicated that there is no
problem dedicating the sewer lines to the County, but during the
interim period while they have this utility company in existence they
would like to own the lines in order to earn a reasonable rate of
return on that investment. He stated that prior to the initiation of
the Collier County Utility Rate and Regulation Board which set rates
for the County, the developers had to serve themselves with interim
utilities until the County could give them service. He noted that
they were told that the rates they charged could not exceed those of
the County's unless they petitioned for a rate hearing. He stated
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JUNE 2, 1987
that based on this, the Developer's had no interest as to who owned
the ~ines or the plants because rates were not dependent upon what was
owned, it was dependent on what the County was charging for water and
sewer. He stated then the CCURRB was initiated, things were changed
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and now it is before the PSC who is setting the rates and their rules
are fairly clear and specific that only property that is owned by the
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utility and is used and useful in sorving the customers can be
included in the rate base on which impact fees or system development
charges can be considered. He stated that they are running into a
problem if the lines are dedicated to the County as they will not be
able to be included in the rate base or recoup the cost of those. He
noted that the PSC rules allow for uF to 75% of the cost of the
system; plant and lines, to be recouped through plant capacity charges
and the other 25% is an investment on which you can ëarn a reasonable
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rate of return. He stated that in the revised language he has pro-
posed the sewer facilities will be dedicated or conveyed and trans-
ferred to the County by documents that are acceptable to the County
Attorney, and which documents shall be held in escrow during the term
of the agreement between the County and the Developer but shall be
effective to vest in the County's full ownership of such facilities
when connection is made to the County's facilities. He stated that
they are simply trying to find a way to include the cost of these
facilities in their investment in order to recoup on that investment
during the interim period when they are serving themselves with sewer.
....
Page 6
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JUNE 2, 1987
He stated that they have, in effect, a separate utility section that
separates the water and sewer and the water will remain exactly as in
the PUD document and the sewer will be treate4ras described. He noted
there is no problem with the wordir.g if the policy is changed, but
staff may have comments on changing the policy. He indicated that
he has a letter from staff of the PSC that indicates that the property
for which the utility has no legal title has in the past not been
included by the Commission as an investment of the utility and as a
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result, the utility receives no rate base treatment on that property.
He stated that this is why he is aski.og to be alloweçI ,t;o.d~diFa~te_ .. ,
the water and sewer lines at a later date.
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Commissioner Pistor questioned what assurance or guarantee the .
County has that the cost of the lines will not be included in the :-!;;t·';
of the property when it is sold, to whic~ Mr. Varnadoe stated that
there is no g~arantee, adding that all he can state is that the deve-
-
loper is not going to include this in the cost of the land and there
will be no reference to any ownership of any utility lines in any
deeds given on the Vineyards property.
Commissioner Saunders stated that it seems that the issue of
whether the utility entity is reimbursed through the sales of property
with lines is a rate setting iSBue that the Public Service Commission
would address, adding that this would not affect the County's policy.
Assistant County Attorney Anderson stated that the PSC might
investigate the matter, but in the past this Commission's policy has
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JUNE 2, 1987
been that the cost of these lines would be recouped through the sale
of lots and ,not as part of the ratG base of the interim utility that
is serving the project. He stated that this has been the policy for
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the last five years.
Mr. Varnadoe stated that the PSC does look at the books of the
developer because it is a related entity, to determine that he is not
charging twice for the cost of the lines, adding that it is a factor
in the rate making process.
Mr. Anderson stated that this it primarily a policy decision that
the Board will have to make, but it does have legal ramifications. He
stated that this policy has been in effect the last five years where
the Board has uniformly requited developers that are outside an exclu-
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I. "..';..,'.~:, ,:-'~siti,on to serve the property, the County has leased the lines bac~ c' .
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sive written franchise area to install and dedicate fo the County, the
Vineyards, a civil rights claim could arise based on violation of the
equal protection laws, meaning that the Board is treating two people
who are basically in the same circumstances, differently.
He indi-
cated that those who do not have to dedicate their lines would realize
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JUNE 2, 1987
an economic advantege over those who are required to dedicete, in that
those lines could be included in the rate basé:
Commissioner Gless steted that the County has to be consistent end
if this is changed, everyone has to be treated equally from this point
on, edding that it has no economic remifications for the County what-
soever from this point if ev~ryone is treated the same.
Commissioner Saunders stated that the major point is that the
County is not changing the policy on rcquiring dedication, noting that
it is only changing at what 'point in time that dediéation has to
occur. He indicated that it makes sense that if a developer is
putting in sewer lines and dealin~ with the PSC, he should have the.:~~;
opportunity to earn a rate of ~eturn on those sewer lines like any
entfty would, as tong as the Co~nty is 100% p~otected and tþe lines
are received free of charge pursuant to a deed of dedication a~ tb~
time the County provides service.
Mr. Anderson stated that there is not 100% assurance, adding that
the difference between placing the deeds in escrow and dedicating the
lines up front is like the difference between having cash in hand and
simply a written promise to pay in the future. He stated that if the
developer goes bankrupt, the deal is off, because no one knows what a
bankruptcy judge will do.
County Manager Dorrill stated that this is not as much precedent
setting as it is recognition of the County's ability to serve, adding
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that it has only been in the last two years that the County has had, "
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JUNE 2, 1987
master plans. He stated that this developer and any other developer
should be treated the same way and the development community is
looking for consistency. He stated that the exception he has is that
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the County Attorney assure the county that the mechanism, in this case
the escrow arrangement, be established in such a way so that the
County would not have to sue to get what is rightfully theirs at the
time that they are prepared to serve. He stated that until that time,
he feels that this developer has a set of circumstances that warrants
some consideration.
Mr. Anderson stated that if the County does take back regulatory
jurisdiction from the PSC, the County could include those lines in the
rate base for regulatory purposes even if the County owned them and
lea~ed them back to the developer.
MrrVarnadoe stated that be for' the utility l~nes can be buIlt, a
plat has to be recorded and before that can be done, a performance
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bond of 110% of the cost of the improvements of the plat has to be put
up, which includes the sewer lines, adding that he fails to see how
this can be ef~ected by insolvency. He indicated that if the ~uris-
diction over rates comes back to the County and the County decides
that leased lines are' going to be included, they do not mind dedi-
cating them to the County or recording the deed at that point in time.
He stated that the reason behind the policy is not being changed,
adding that they have no problem with dedicating these lines but they
simply want the ownership of them in the interim period so that they
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JUNE 2, 1987
can be included in the developer's rate base. He noted that it is
simply the time of dedication that is being ~iscussed.
Commissioner Saunders stated that the principles make sense, but
he does have concern regarding insolvency, and that becoming an asset
that the bankruptcy court would have to deal with.
Mr. Varnadoe stated that the lines will belong to the utility com-
pany and it is difficult under the PSC regulated industry to go t~
bankruptcy as this is one of the fine monopolies that the government
permits and they set rates based on what is use and useful .and 9uaran~
tee ~ r~te of return. He stated that part of the PSC jurisdiction is
to make sure that these utility companies are viable entities so that.
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they can provide the service that they intend to provide.
Commissioner Saunders questioned if ~he County had a first lien on
those lines as well as holding a deed in escrow and the lines then
became an asset of the bankruptcy court, but the County would still
realize those lines, would this be the protection that the County
needs? Mr. Anderson stated that having the lines dedicated and deeded
up front is like having the cash in hand which is the safest and
surest method.
Mr. Varnadoe stated that what is being asked for is a guarantee
out of an Attorney and Attorneys do not give guarantees because there
is nothing sure in this life. He stated that the developer is giving
every reasonable possibility that the County is ,going to get the lines
.,
at the end of whatever agreement there is with the County. He stated
Page 11
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JUNE 2, 1987
that Collier County is the only County in the state that has this
policy that dedicates lines up front, adding that the Counties that
are regulated by the PSC understan1 the problem and the lines are
dedicated if and when the County takes them over.
Commissioner Hasse stated that he feels that he has to listen to
the Attorneys that are working for the County.
Mr. Varnadoe stated that the policy decisi9ns are made by the
Board, not the Attorneys and he is requesting that this policy deci-
sion be made.
Commissioner Saunders stated that the policy decision should be
made and once this decision Is made, it should apply to all PUD's and
it should be made by a simple majority vote of the Commission.
Mr. Madaj~wski, Utilities Engineering Dire~tor, stated that before
this issue is voted on, the length of the service perIod should be
discussed. ð
Mr. Varnadoe stated that the developer has no desire to be in the
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utility business and be spending $2 million for the plant to serve the
Vineyards for ten years, adding that if the County were there to serve
- it woúlð be'grèat becaùse the'devèloper is a land developer and not a
utility company. He stated that in the PUD, it states that they will
scrve themselves for ten years or until the County has service
available, adding that perhaps the policy should be some time period
so that the developer should be allowed to dedicate the lines at some
later period. He noted that at thi$ time, the Vineyards is not in
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JUNE 2, 1987
Sewer District "A" or "B" and there is no master plan that includes
the Vineyards and no plan that indicates when service will be
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received.
Commissioner Pis tor stated that under the new comprehensive plan,
it will require that facilities be in place before any construction
of new developments go forward. He stated that the County could work
with this developer to put up a central sewer plant, adding that this
is something that needs to be done immediatelý if the water supply is
going to be protected.
Commissioner Saunders stated that the developer has to hook up to
the County system when it is available and he does not see any reason
to change that policy. He questioned if the developer would be
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willing to agree to hook up pursuant to current state law which man-
dat~s that hookupJtakes place wrlen County ser~ice is availa~le
regardless of-when that period comes?
Mr. Varnadoe stated that this is fine, but it will effect the rate
making somewhat because the PSC is not going to know what period of
time they will have to address the cost.
Mr. Keller stated that the Commission is being asked to set a pre-
cedent that will affect them for a long time. He stated that there is
no assurance that the people buying the lots will not be paying for
the lines at that time. He noted that the policy that the County has
now should be continued. He noted that it may cost people in this
County a double charge later on when the County takes it oveD, through
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Page 13
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JUNE 2, 1987
impact fees.
Mr. Varnadoe stated that there are only two ways to recoup for the
investment in plant and lines: one is through impact fees and the
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other is by including it in the rate base.
Commissioner pistor stated that if the County moves ahead with a
wastewater treatment plant in the area, this area would be locked out
from being able to be hooked up to that system if the County goes
along witÞ their ten year period.
Mr, V~r~adoe stated that he agreed with Commissioner Saunders,
noting th~~ if the County is ready in two years they will hook up or
five y~ars or ten years. He stated that the developer will not recoup
all théir investment, but this is a gamble that they are taking. He
'rioted that the rates that the interim utilitie~ were~charging when the
èounty~turned this o~er to the pscf were grandfalhered in for ~ome
period of time until the PSC had time to go back and look at all of
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t them. He stated that those rates were based on what the County was
charging at that point in time.
Commissioner Class questioned how long it would be before the
County finds out if they have jurisdiction back from the PSC, to which
Assistant County Attorney Anderson stated that it should be known by
the end of the week.
Commissioner. Glass questioned if Mr. Varnadoe would be willing to
continue this matter for one week until it is determined if the County
gets back jurisdiction from the PSC, to which Mr. Varnadoe stated that
,..
Page 14
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this coincides with the PUD amendment and pe~~1ts on other issues are
being held up until the amendments to the PUD are adopted. He stated
that he believes that it could present a problem with only parts of
the PUD acted upon this date and deferring other amendments until
next week.
County Attorney cuyler stated that this presents a problem wi~
regards to the final approval of the zoning document, adding that,
this needs to be done at one time. He stated that this parti~alar
item is incorporated into the PUD and it would be necessary to approve
the PUD in order for the developer to obtain the necessary permits he '
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is seeking.
Mr. Varnadoe stated that there are c~nstruction plans that are
being held up:because of the PUD amendments and he would éU9gest that
this matter be voted on with a proviso that if rate making comes back¡
to the County, the developer will immediately withdraw the petition ¡'
and be subject to the jurisdiction of Collier county. He stated that
this would accomplish the same purpose but would allow them to process
their development during the interim period.
Tape f3
Commissioner Saunders stated that it seems that this policy could
be voted on now as long as it is indicated that the policy change
would be until the County gets rate setting jurisdiction back from the
,I
PSC, then the County goes through the new procedure and if jurisdic-
tion is received back from the PSC in a week, then whatever is done "','
, ~ Page 15,.
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JUNE 2, 1987
this date would be null and void.
Assistant County Attorney Anderson stated that if the Board is
inclined to .de1ay the dedication requirement at all, which he does not
recommend, then he would prefer that it at least be done with the
.'
reference of taking back jurisdiction from the PSC.
commissioner Glass moved that Resolution 87-121 approving a policy
to delay the dedication of these lines for the business investment
purposes be adopted with the proviso that when'the county gets juris-
diction back from the PSC, the county will have the authority and the
Developer will agree to it, that the county will be able to review it
immediately and take possession as necessary.
commissioner saunders seconded the motion with modifications indi-
cating that the policy change would not be effective as of the date of
transfer of jurisdiction from ~he psc to Collier county and that would
be automatic and no delaYðor reconsideration and any deeds held in
escrow would immediately ~e recorded and that would be the end of that
~·,";.a;."'particular policy change, and that the County receive and record
appropriate documents whether they are UCC documents for personal pro-
.per~y.and/o~ S9me sort of a mortgage so that if there is insolvency
the County would have a lien on those assets, and when the county's
service is available, the utility will hook up regardless of the time
period,
Commissioner pistor stated that he feels that it is a mistake in
making a change in the policy and the County should be thinking posi-
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JUNE 2, 1987
tively in moving forward with the County utilities and working on a
."
system with the developer.
Mr. Anderson questioned if this new policy is adopted, would it
apply only to those people who are not planned to be served within ten
yean, under the adopted master sewer plan, or would it also apply to
those people that are going to get service in the next ten years, to
which Commissioner Saunders stated that he does not think that it
makes any difference when they get service, adding that it applies
until they have service regardless of when it is.
Mr. Anderson stated that this is an amendment to a PUD document
_ that has already been approved and ~uestioned how the Board will
,
..'.rifN;
handle other developments that may be coming back to have their PUD'S
amenped accordingly, to which cowmissioner Sau~ders stated t9at he
does not have åny pro.blem wi th the policy applying to anyone tha,t" ",
comes back with a PUD amendment. He stated that he does not see this
as interfering with the utility development in any way whatsoever. He
stated that this will not apply to any developers that have already
deeded lines, adding that this will only apply to future dedication of
lines.
Upon call for th~ question, the motion carried 3/2, (commissioners
pistor and Hasse opposed). (Resolution not received as of 6/12/87),
Mr. Wafaa Assaad, project manager for the vineyards, stated that.
the PUD amendment is a follow-up of an application that was approved
'.
and filed last year. He stated that there are a number of minor
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JUNE 2, 1987
changes in the PUD document indicating that a paragraph has been added
, that allows some principle and essential uses as permitted uses which
.'
will include churches. He stated that they would like to donate a
piece of property to a church. He indicated that another change has
to do with the signage of the Vineyards, adding that it is very dif-
ficult to fit the signage into the conventionai sign ordinance. He
stated that they would like to have a sign section in the PUD document
that establishes the type, location, and size of signs. He indicated
that the signs that they are requesting is vineyards identification
signs to be constructed along the landscaped berm on 1-75. He stated
that five signs are needed and he would like to restrict the signs to
:" ói11'y the name and the logo and symbol of the v'ineyarqs and this would
be inc5rporated into~the PUD documJnt. He stated' that the mas¿er plan
that has been attached to the PUD document does not accurately reflect
~i~r. construction changes, as they would like to delete the cul-de-sac. He
stated that these changes have been recommended by all review agencies
and staff.
Commissioner Hasse que5tioned how big the signs will ~e, to which
Mr. Assaad stated that they will have a maximum of 200 square feet.
In answer to Commissioner Hasse, Planner Duane stated that
billboard signs are defined as a mihimum of 100 square feet and a
maximum of 500 square feet. He notéd that they are only permitted in
agriculture districts with one half mile spacing and a 660 foot set-
back, adding that c~rrently they are also permitted in industrial
Page 18
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JUNE 2, 1987
districts. He noted that these signs are considered temporary signs
and do not have restrictions in the sign ordinance with regard to the
size.
Mr. Assaad stated that there are over 3 mi~es of frontage on 1-75
with a continuous solid berm to eliminate noise from I-7S. He stated
that with the landscape and berm effect, the vineyards would be
totally invisible from I-75 and it was felt that it would be a good
idea to have identification signs intermingled with the berm. He
stated that because of setbacks and rights-of-way, the signs would be
about 300 feet from the traveled portior of the highway. He noted
that the sign would fit into the vegetation window, ~nd, Wil). pot ~al5e..
away from the development.
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Mr. Keller stated that there are going to be 10,000 units in this
development with an average of 20,000 people and there is no fire pro-
tection avail~ble as Golden Gate Fire District does not have the man-
power or equipment tò handle this development. He stated that the
developer should put money into a trust fund for each unit that is
, '.
built.
Mr. Assaad stated that land was donated to the Golden Gate Fire
District and North Naples Fire District and there is also an agreement
with the North Naples Fire District for fire protection. He stated
that North Naples Fire District has agreed to first response until
Golden Gate Fire District can get there. He stated that if impact
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JUNE 2, 1987
fees are adopted County-wide, they will be glad to pay their share.
County Manager Dorrill stated that the signs proposed are to be
"
logo type signs identifying the project and not signs of an adver-
tising nature, adding that if the petitioner has no objection, he
would request that a schematic be presented to the Community
Development Division for their review.
In answer to Commissioner Hasse, Mr. Varnadoe stated that two par-
cels of land have been donated to the fire districts and negotiations
have been taken care of with regards to providing overlapping coverage
until a fire station is built. He noted that he discussed two changes
with Assistant County Attorney Anderson regarding the utility section
of the PUD document based on the pOlicy change". He fitated that on the
next to the last page, th~ reference to 10 years should be deleted, so:
that the sentence reads; :'shall be effective to vest in the County,
~~·~~full ównership of said facilities when the County central sewer fac!~' .
lities are available to serve the project." He stated that this is
car,ry,ing 9ut, t.he decision of ,the Board. He noted that on the page
directly preceding that there is also a reference to the 10 years,
Í10ting that it should simply read; "until such time as the County's
central sewer facilities are available to serve the project."
County Manager Dorrill stated that the motion would need to incor-
porate these discussions as well as the ones from the CCPC.
Commissioner Goodnight moveð, seconded by Commissioner Glass and
carried unanimouslY~rthat the pUblic hearing bo closed.
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JUNE 2, 1987
,
Commissioner Goodnight moved, seconðeð by Commissioner Glass and
carried 4/1, (Commissioner Pistor opposed), that the Ordinance as
numbered anð titled below be aðopted and entereð'lnto Ordinance Book
No. 27 subject to the CCPC's recommenðations, the above Wording change
in the utility section of the PUD, and the incorporation of the
language reqarðinq taking control from the PBC:
ORDINANCE 87-44
AN ORDINANCE AMENDING ORDINANCE 85-15, WHICH ESTABLISHED THE
VINEYARDS OF NAPLES PUD, AS PREVIOUSLY AMENDED BY ORDINANCE 86-63,
BY AMENDING THE "PLANNING TEAM", AMENDING SECTION 1.01,
INTRODUCTION AND PURPOSE; AMENDING SECTION 1.03 TO DELETE PREVIOUS
OWNERS FROM LEGAL DESCRIPTION; AMENDING SECTION 1.04, TITLE TO
PROPERTY; AMENDING SECTION 2.03, COMPLIANCE WITH APPLICABLE
ORDINANCES; AMENDING SECTION 2.05, SITE PLAN APPROVAL; AMENDING
THE LAND USE SCHEDULE; ADDING A NEW SECTION 2.10, PERMITTED
USES; GENERAL; ADDItJG A NEW SECTION 2.11, SUBSECTIONS 2.11.01
THROUGH 2.11.04, SIGNS; ADDING A NEW SECTION 3.03.B)3), TO ADD
CHURCHES AS A PERMITTED PRINCIPAL USE REQUIRING SPECIFIC SITE PLAN
APPROVAL; ADDING A NEW SECTION 4.03.B)3) TO ADD CHURCHES AS A
P~MITTED PRINCIPAL USE REQUIRiNG SPECIFIC SITE PLAN APPROVAL;
ADDING A NEW SECTION 4.03.B)4)~ TO ADD REST HOMES AS A PERMITTED'
PRINCIPAL USÈ REQUIRING SPECIFIC SITE PLAN APPROVAL; AMENDING. ..
SECTION 5.01, PURPOSE; AMENDING SECTION 7.01, PURPOSE; AMENDING
SECTION 8.01, PURPOSE; AMENDING SECTION 9.02.C), TRANSPORTATION
TO SUBSTITUTE "VANDERBILT BEACH ROAD" FOR "GOLDEN GATE BOULEVARD";
AMENDING SECTION 9.02.D), WATER MANAGEMENT; AMENDING SECTION
9.02.E), UTILITIES; AMENDING SECTION 9.02.F), EXCEPTIONS TO
COUNTY SUBDIVISION REGULATIONS; AMENDING SECTION 9.02.G),
ENVIRONMENTAL STIPULATIONR; AMENDING SECTION 9.02.H), MISCEL-
LANEOUS; DELETING TABLE "A", TRACT USE DESIGNATIONS; DELETING
MASTER PLAN EXHIBIT "A"; INSERTING REVISED MASTER PLAN EXHIBIT
"A"; DELETING EXHIBIT "B", ROADWAY TYPICALS; INSERTING A NEW
EXHIBIT "B" ROADWAY TYPICALS; AND PROVIDING AN EFFECTIVE DATE.
***** Recess: 10:35 A.M. - Reconvened: 10:45 A,H. *****
Item flOB
AMENDMENTS TO THE COLLIER COUNTY WATER SEWER DISTRICT SPECIAL ACT _
APPROVED
Assistant County Attorney Anderson stated that this item is in
regards to snme language that was te1efaxed late yesterday, adding
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JUNE 2, 1987
that· conceptually this is in line with whGt was approved at the
May 29, 1987, special meeting. He stated that he would like this spe-
cific,language approved with regards to the County Water Sewer
District Special Act beforé the Legislature acts on it. He stated
that there is a whereas clause that explains this amendment to the
Act. Commissioner Pistor qUèstioned what ~inor changes were made
in the language that was telefaxed, to which Assistant County Attorney
Anderson stated that in addition to the whereas clause, the other
changes were in the last 6 or 7 lines of the Act on the bottom of Page
2 anq ~QP of Page 3, which provides that with respect to the utilities
that had been granted exclusive written franchises in excess of 25
years, that if these utilities ever wanted to ~xpand their service
. .... "
areas ~hey would be 20verned by th1 same provisi~s of law tha~, the PSC
would follow in considering whether to permit them to expand their
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area.
He stated that it a190 makes reference that in the event the
County or the District would want to purchase either of these utili-
ties, they would do so pursuant to a provision in the law that provi-
des for a negotiated acquisition and if the parties cannot agree on an
acquisition price, then it is referred to a three member arbitration
type board that would come up with the acquisition price and if that
board is not able to decide on an acquisition price, then the County
is obligated to exercise it's power of eminent domain to acquire the
utility. He stated that this also exempts people within their service
area from having to pay the system}evelopment charges.
....
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Page 22
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JUNE 2, 1987
Commissioner pistor moveð, .econdeð by Commissioner Saunders and
carried unanimously, that the amendments to the Collier County Water
Sewer District Special Act be approved.
Item t6B2
PETITION R-86-30C, CONLEY' BAKER, REPRESENTING WHISPERING PINES, INC,
- CONTINUED TO JULY 28, 1987
."
Commissioner Hasse stated that he has received a letter signed by
Conley & Baker and the Imperial Golf Estates Homeowners Assocation
requesting a continuance of this item until July 21, 1987.
Mr. Frank Baker, representing Whispering Pines, Inc. stated the
- .'.. . -# -
petitiQ~ef will absorb the cost ~f readvertising but in order to
settle eome unresolved issues with Imperial Golf Estates Homeowners
Associdtion, they are requesting that this matter be continuêd.
Mr. Cliff Wenzel, rep~esenting the Imreria1 Golf Estates
Homeowners As~ociation, stated that they are in favor of this con-
-~:;.~.~..;
tinuance in order to'finalize an agreement that is being prepared bet-
ween the developer and the Homeowners Association.
Mr. Jack Jenkins, President of Palm Rivers Homeowners Association,
stated that he had no objection to the continuance as long as the
petition was not being changed dramatically.
Commissioner Glass stated that it might be a good idea to continue
this item to the meeting of July 28, 1987, as the meeting of July 21,
1987, is going to be quite lengthy.
Commissioner pistor moveð, seconded by Commissioner Glass and
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JUNE 2, 1987
carried unanimously, that Petition R-86-30C, Conley, Baker, repre-
.entinq Whispering Pine., Inc. be continued to July 28, 1987,
Item f6Cl
ORDINANCE 87-45 AMENDING ORDINANCE 86-66. SYSTEM DEVELOPMENT CHARGES _
ADOPTED. STAPF TO REVIEW ORD. RE EXEMPTIONS FOR GOVERNMENTAL ENTITIES
Legal notice having been published in the Naples Daily News on
May 13, 1987, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened to consider a'proposed ordinance
amending Ordinance 86-66, system development charges.
Vtilities Administrator Crandall stated that this item is a result
of the action taken nt the Board meeting of April 24, 1987, adding
that the County Attorney's office has revised Section 1 and 2 to allow
for clarification of when these charge~ are applicable and to allow
,
for th~ refund of applicable system development char~es with written
notification by the Count¥ and 90 days allowed for response by the
effected parties. He stated that he is asking that the proposed ordi-
~~~~ance be adopted amending Ordinance 86-66 and also to approve the
refund of system development charges to the 9 effected parties of Isle
of fapr! \ofh~,ch.. totals $7,650,.00.
Commissioner Pistor moved, seoonded by Commissioner Goodnight and
carried unanimously, that the publio hearing be olosed.
Commissioner Pistor moved, seoonded by Commissioner Goodnight and
carried unanimously, that the ordinance as numbered and titled below
be adopted and entered into Ordinance Book No. 27 and that the 9
effeoted parties be refunded their system development charges:
,..
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Page 24 ",
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JUNE 2, 1987
ORDINANCE 87-45
AN ORDINANCE AMENDING ORDINANCE NO. 86-66 RELATING TO WATER AND
SEWER SYSTEM DEVELOPMENT CHARGES; AMENDING SECTION ONE RELATING TO
APPLICATION OF ORDINANCE AND SYSTEM DEVELOPMENT CHARGES; AMENDING
SECTION THREE D, RELATING TO WATER AND SEWER SYSTEM DEVELOPMENT
CHARGES AND APPLICATIONS FOR REFUND OF SAME; PROVIDING FOR
CONFLICT AND SEVER~BILITY AND PROVIDING FOR AN EFFECTIVE DATE.
County Manager Dorril1 stated that in regards to this item, he has
a related matter that he would like to discuss. He stated that he is
in receipt of a request by East Naples Fire District with regards to
waiving impact fees for their fire station that is b~ing built on
Davis Blvd.
Mr. Jim Billmðn, representing East Naples Fire District, stðted,li
,
that the assessment for impact f~es is high for their budget and th:1~~;
protéct the government bUildings as well as making the resc~e calls
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and'do not reçeivè pay for it. He stated that he would like their
impact fees of $26,000 waived.
Commissioner Glass stated that he concurs and they should be
exempt but this will have to be an amendment to the ordinðnce and will
., . -',
have to be advertised for a public hearing.
Commissioner Glass moved, seconded by Commissioner Saunders and
oarried unanimously, that staff be directed to review this ordinance
with regards to exemp~ing governmental entities and bring baok a
report with regards to the revenues involved,
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JUNE 2, 1987
Item '7A1
RESOLUTION 87-122 RE PETITION CCCL-86-8C, ROYAL SEAFARER CONDOMINIUM
OF MARCO ISLAND TO MODIFY EXISTING PLANT COMMUNITIES SEAWARD OF THE
COASTAL CONSTRUCTION CONTROL LINE - ADOPTED WITH STIPULATION
Legal notice having been published in the Naples Daily News on May
17, 1987, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened to consider Petition CCCL-86-8C,
filed by Ms. Betty Kirtley, Manager and Representative of Royal
Seafarer Condominium of Marco Island, requesting permission to modify
existing plant communities seaward of the Coastal Construction Control
Line.
Brandt Henningsen, Natural Resources Management Department
Supervisor, stated that the petitioner is proposing to remove the
~~xi~ting coin vine and replace it with seagrape and sea oats will be
...'-.
.
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supple~ented by 800 ~eedlings of s}ð oats to be ~lanted seawarq,of the
seagrape in two parallel rows extending from the northern to the
southern property lines except f?r a 10' gap at the foot of the board-
walk. He noted that Staff is recommending approval with the stipula-
tions as incorporated in the proposed resolution.
Commissioner Saunders questioned if there is a stipulation' that a
certain percentage of these plants survive for any period of time, to
which Mr. Henningsen replied negatively, adding that the petitioner
has asked to do this revegetation and it is not something that the
County is requiring. He noted that they will be removing some
existing plants though, and it ma~ be a good idea to include such a
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JUNE 2, 1987
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stipulation. He noted that typically the stipulation is for an 80%
survival rate for a 3 year period.
Tape ts
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Commissioner Glass moved, .econðed by Commissioner Goodnight and
cßrried unanimously, that the PUblic hearing be closed,
Commissioner Saunders moveð, secondeð by Commissioner Glass and
carried unanimously, that Resolution S7-122 re Petition CCCL-S6-SC,
Royal Seatarer Condominium ot Marco Island be adopted with stipula-
tions and with an additional stipulation that there be an SO% survival
rata tor a period ot three years.
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Item '7A2
JUNE 2, 1987
RESOLUTION 87-123 RB PETITION V-87-5, MILDRED XULIS RE VARIANCES OF
REQUIRED FRONT AND SIDE YARD SETBACKS ON THE S.W. CORNER OF lOlST
AVENUE NORTH AND 6TH STREET, NAPLES PARK _ ADOPTED
Legal notice having been published in the Naples Daily News on May
17, 1987, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened to consider Petition V-87-5 filed by
Mildred Kulis requesting variances of 3.5 feet, 13 feet and 14 feet
from the required front yard setback of 35 feet to 31.5 feet, 22 feet
...
and 21 feet, respectively and requesting variances of 5 feet and 7.5
feet from the required side yard setback of 15 feet to 10 feet and 7.5
feet respectively, as shown on the plot plan, for property located~~..~
the southwest corner of the intersection of 101st Avenue North and 6th
p
Street in Section 28, Township 48 South, Range 25 East, Naples Park.
Planner Weeks stated that this request is for multiple variances,
adding that the site presently contains a duplex that was constructed
in 1979. He stated that these variances would allow the existing
structure to remain at its location which is not in conformance with
the required setbacks and to allow multiple additions onto the struc-
ture and to allow for construction of a separate storage shed. He
noted that the property is zoned RMF-6 and consists of two lots which
total 105 feet of frontage and has an area of 14,175 square feet. He
referred to an overhead map indicating that the property is on a
corner lot and has a depth of 135 feet. He stated that a cor~er lot
'.' .. ~ ..... ... .' .. .-
has two front yards with 35 foot setback requirements and two side
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aDOK 104 p~q 587
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, I
JUNE 2, 1987
yards with 15 foot sctLack requirements, adding that the existing
duplex hao a to foot side setback from the west property line and a 25
foot ~ront setback on the east side. He noted that in reviewing the
petition, staff does not find a land related hardship and recommen-
dation is for denial. He stated that the property actually exceeds
the lot frontage requirement for this zoning d~strict and also meets
the square footage requirements. He reported that there are no unu-
sually located easements that causes a problem in locating the struc-
ture o~ the property. He noted that the additions that are being
requested are the carport, lanai, and bUilding addition as well as a
utility shed are on the back portion of the property along the east
and north side. He stated that this is a variance request and not an
appeal of the Zoning Administrator's determination ana staff is recom-
mending denial.
Mr. Carle Lindsly stated that he is a friend of the petitioner and
~.. ";«;..,"1--
the whole reason for this variance is because when the house Was built
it was situated on the property the way the plot shows. He stated
- that ~hén 'all ~he bUilding permits were signed off, it showed that the
proper setbacks were there, but they are not. He presented pictures
I
óf the property, noting that most people do not have to Come in for a
variance as they can build within five feet of the side yards and
within 25 feet of the front yard. He stated that with a double lot,
the requirements are different. He stated th~t there has been poor
setbacks and planning for the entire area. He noted that a zoning
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Page 29
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JUNE 2, 1967
plðn should keep harmony in the area, adding that 9.0\ to 95\ of the
...'
people are not complYing with the zoning plan as it is written in the
ordinance. He stated that he feels that the petitioner is being
singled out becðuse of the size of her property. He indicated thðt he
has a problem with the interpretation of the Zoning Ordinance as he
believes that this property has become a non-conforming property. He
stated that they are trying to pu~ additions on the eXisting house to
square it up so that it would look nicer.
Plðnner Weeks referred to the overhead map showIng the ðctual
buildable ðreð which is the portion of the lot remaining after the
setbacks. He stated thðt staff ia looking at the request for a ~~:;
variance to be allowed to encroach further into the setbacks on three
of ,¡:'he four sides] He stated t9at the existil)g structure hÍ;ts been:.
"'i
there since 1979 an~provides ð reasonable use of the land. H~no~ed
that as part of the petitioner's application, it included a petition
with 27 signatures of no objection and one letter withdrawing their
Support for the petition.
Commissioner Pistor questioned if the shed is allowed on this lot,
to which Planner Weeks stated that this is a typical accessory struc-
ture allowed in any ,residential district.
Mr. Lindsly stated that the shed could be moved closer to stay
within the required setbacks but then some of the trees would have to
. ,I;~
come down in the backyard. He stated that if the Commission did not
'I,
want to approve a variance for the shed, the petitioner would be
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JUNE 2, 1987
willing to forego the shed. He stated that if the Commission does not
want'a carport put over the top of the slab in the front, then they
will forego 'that also. He stated that they would like to keep the
house,square with the roof lines along the existing sideyard lines.
He stated that they want to build a walkway with a three foot overhand
on the 6th Street North side.
County Attorney Cuyler stated that the petitioner has indicated
that he is willing to forego two parts of this variance, but he would
like ~he third part and asked that Mr. Weeks explain what the peti-
tioner is requesting at this time?
Planner Weeks stated that the utility shed is located at the
southern portion of the property and the carports are both located at
':~~~~ northern portion of the property toward 10~st Street. He referred
to the~roofed over w~lkway along t?e eastern edg"of the prope~ty and
indicated the two lanais, and the bUilding addition. He noted that
the carports would encroach to a. 22 foot setback and 35 feet is
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.
required; the carport and roofed over walkway on the east side would
have a setback of 21 feet and 35 feet is required; the utility shed
would be a 7.5 foot setback and IS is required; and the lanai would
have a 10 foot setback and a 15 foot setback is required. He noted
that the existing building encroaches 5 feet on the west side and 10
feet on the east side, adding chat this was approved with the required
setbacks but eVidently constructed in the wrong location.
In answer to Commissioner Pistor, Mr. Lindsly stated that the slab
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JUNE 2, 1987
for the lanai is already in place, and they simply want to enclose it
with a screen.
..'
In answer to Commissioner Saunders, Mr. Lindsly stated that the
petitioner would be willing to delete the carports in the front, the
walkway on the side, and the storage shed in the back.
Commissioner Saunders stated that what is being asked is to permit
the existing structure and to permit the room on the backside.
/
Mr. Lindsly stated that he is also requesting the lanais, adding
that one existing slab would be screened and then where the other
.. .¡¡ ... ., .
existing slab is there would be a room and then the lanai slab would
be replaced behind the room addition.
Tape f6
Mrs. Mildred Kulis stated that she needs an extra room as half her
9
things are in storage and she needs more closet space. She stated
"
~~...;
that she would like to keep it in line with the rest of the house.
She stated that the house was built in 1979 and she had no idea that
it was in violation until she applied for the permit.
Mr. Raymond Whitaker, resident of Naples Park, stated that he
was an original signer of the petition to grant this, but has since
withdrawn, due to the fact that the petition by Mrs. Kulis' son and the
proposed plans were not the same as what he received in the mail from
the County. He stated that a lot of the neighbors feel that they were
misrepresented as far as the proposed addition and the proposed roof
('",':"
walkway, adding that these variances will set a precedent for the'
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JUNE 2, 1987
rest of the area. He stated that he has objections to this petition
being granted.
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'commissioner Goodnight mQved, seconded by Commissioner Saunders
and carried unanimously, that the þUblio hearing be closed,
commissioner pistor mov6d that Petition V-87-S be denied. Motion
died for laok of seoond.
commissioner pistor moveð, seoonded by commissioner Goodnight and
carried unanimously, that the bui1dtng as it exists regarding Petition
V-87-S be approved so that the builðing oan be a non-oonforming
existing building.
Commisoioner pistor moveð, .eoonded by commissioner Hasse, that
additional encroachments into the setbaoks be ðenied~ Upon call for
the question, the motion ~a!led 1/4, (Commissioners Saunders, Glass,
"
Goodnight and Hasse opposed).
~...~."....:. Commissioner Glass moved, seconded by Commissioner Saunders and'"
carried unanimously, that Resolution 87-123 approving the proposed
addition of the room within the roof lines be adopted, but the rest of
. - - ~ ~ .. .
the ohanges are to conform to the setback requirements as they exist.
Commissioner Saunders questioned if staff is working on the ordi-
nance that will permit these variances to be considered by the
Planning Commission, to which County Attorney Cuyler stated that the
Planning Staff is trying to get tò this matter.
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RESOLUTION 87-124 RB PETITION FDPO-87-2 BY WILLIAM FOTRE REQUESTING
APPROVAL OF A VARIANCB FROM THE MINIMUM BASE FLOOD ELEVATION AT
2918 ORANGB STREET - ADOPTED
Legal notice having been published in th~ Naples Daily News on May
17, 1987, as evidenced by Affidavit of Publication filed with the
1
Clerk, public hearing was opened to consider Petition FDPO-87-2 filed
byWi11iamn Fotre requesting approval of a variance from the minimum
base flood elevation required by the Flood Damage Prevention Ordinance.
on property described as 2918 Orange Street.
Planner McDaniel stated that this is an after-the-fact variance,
adding that the elevation required by the Flood Damage Prevention
Ordinance is 9 feet and the applicant is applying for a 2.27 foot
variance to legalize his house which is at an elevation of 6.73 feet.
He noted that this house has existing grade level homes adjacent on
both sides and if the variance ha~ been applied for prior to the start
of construction, staff wo~ld have brought in a recommendation of
approval because it meets. the criteria. He noted that staff is recom-'
~~~;~~ending approval in this pðrticular case.
commissioner Glass moveð, seconðed by Commissioner Goodnight and
-carried-unanimously, that the, public hearing be closed.
Commissioner Glass moved, seconded by Commissioner Goodniqht anð
éarried unanimouoly, that Resolution 87-124 re Petition FDPO-87-2,
William Fotre, be adopted,
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JUNE 2, 1987,
Item .7A4
",
RESOLUTION 87-l25 RE PETITION 7DPO-87-3 BY MELVIN CARPENTER REQUESTING
APPROVAL OF A VARIANCE FROM THE MINIMUM BASE FLOOD ELEVATION AT 526
526 EAST COCONUT AVENUE, GOODLAND - ADOPTED
Legal notice having been published in the Naples Daily News on May
17, 1987, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened to consider Petition FDPO-87-3 filed
by Melvin Carpenter requesting approval of a variance from the minimum
base flood elevation required by the ~lood Damage Prevention Ordinance
~ .. ... ... ""
on property described as 526 East Coconut Avenue, Coodland.
Planner McDaniel stated that this variance is for a mobile home,
adding that the petitioner wishes to replace the existing m06ile hdfu~~~'~
with a new one. He indicated that the mobile homes existing on both
~
sides of the ~etitioner's are at grade level and not elevated, adding
-
that the petitioner is, therefore, requesting a 3 foot variance to the
requirements of the Flood Damage Prevention Ordinance which is 11
feet. He noted that this is a 50 foot lot and staff is recommending
, ;' t
approval.
commissioner pistor moved, seconded by Commissioner Goodnight and
carried unanimously, that the pUblio hearing be closed.
Commissioner Glass moved, seconded by commissioner pistor and
carried unanimously, that Resolution 87-125 re Petition FDPO-87-3,
Kelvin Carpenter, be adopted.
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JUNE 2, 1987
Item f9Bl
AGREEMENT BETWEEN THE GOLDEN GATB BUSINESS ASSOCIATION, INC. AND THE
BOARD OF COUNTY COMMISSIONERS RE "FRONTIER DAYS" - APPROVED
Public Works Administrator Archibald stated that this request is
to approve an agreement with the Golden Gate Business Association for
a lease to utilize County property for Frontier Days. He stated that
I
the timeframe is between October 29 and November 2, 1987. He noted
that tpe agreement contains standarð requirements for liability
coverage, hold harmless clauses and provides control by the County for
any improvements on those sites to be used. He noted that staff con-
tacted representatives of the Golden Gate Business Association and
confirmed that Frontier Days is a community effort for the betterment
of the community. He noted that ih addition to Frontier Days, there
is also a parade, a pageant and other activities. He noted that this
does involve a number of non-profit clubs and staff is recommending
approval of this agreement.
Mr. George Keller, Pr~sident of Collier County Civic Federation,
stated that there are a lçt of problems because of the contract that
~'·:·;-a:;;''''hãs been made between the Business Association and an operator that is
going to operate this function, as to how much money he is going to
. make from.this. function. He ~tated that the Executive Summary indica-
tes that $22,000 was made from this function last year which is not
áccurate, adding that this is probably the gross amount. He stated
that there were concerns with regards to the accounting aspect, adding
Page 36
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JUNE 2, 1987
that he has been informed that this function will be handled better
..'
this year, but there are still concerns about the way that it has been
contracted out. He indicated that most of the civic associations have
stated that they will not be involved in it this year, adding that it
is not a whole-hearted community project like it used to be.
Commissioner Hasse stated that he received calls and he is sure
that it will be handled better this year. He indicated that the
control of the money will be taken better care of this year.
Mr. Mark Strain, President of Golden Gate Business Association,
stated that the operation this year has gotten quite large and someone
was hired full-time t~ handle the function. He stated that Don
,
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Goodrich has run this function in the past and knows all about it, and
hascbeen retained.Jas an employe~ of the Assocration. He stlt'ted that
the contract indicates that he will waive any compensation until the'
event is over with, which means that it is contingent upon him per-
forming, which makes it fair for everyone. He stated that the
Association will dedicate 50% of this year's net proceeds to a com-
munity effort, which has not been decided upon at this time. He noted
that there are numerous organizations that are going to participate
this year. He stated that with regards to the $22,000 that is men-
tioned in the Executive Summary, this was a gross figure not a net
figure.
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instrumental in seeing to it that the funds that were earmarked for
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JUNE 2, 1987
the Golden Gate Fire Department got to them.
Commissioner Pistor moved, seoonded by Commissioner Goodnight and
carried unanimously, that the agreement between the Golden Gate
Busin.s. Assooiation, Inc, and the Board of County Commissioners for
the purposes of holding the yearly event "Frontier Days" be approved.
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JUNE 2, 1987
Item f9B2
CONCEPTUAL PLAN APPROVAL AND FUNDING FOR FEDERAL COURT RELATED
FACILITIES WORK - APPROVED AND MOVING LAW LIBRARY TELEPHONES TO BE
PAID'FROM SAID FUNDS
~ i··..~··~·t
.
Assistant to the County Manager Olliff stated that he has received
written verification that the Federal Courts are coming to Naples and
expect to schedule their first jury selection for the end of August
and in order for the County to meet their requested schedule, there
will have to be some facility changes made. He noted that an addi-
tional courtroom will have to be built and the Law Library will have
to be moved, as well as Judge McIver's courtroom. He stated that
Staff would like to have a construction-type budget set up so that
work can continue while the Commission is on vacation, He stated that
he would like to be able to establish a not to exceed $50,000 budget
for, the construction of the Federal Courts. He noted that anything
that will be done wi thin that budgEjt will be a cdhsent agenda i1tem but
the budget needs to be established prior to the Board's vacation.
Attorney Bill Blackwell, President of the Bar Association, stated
that they have been instrumental in trying to get a Federal Court to
sit in this County, but the problem is ~ith the Law Library. He
stated that every time there is a Space need, it seems that the space
comes out of the Law Library. He noted that he has never seen a court
facility where the law library was housed in a building separate from
the court facility. lie stated that he hopes this is not something
that is going to be permanent. He reported that the Law Library occu-
,.,.
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JUNE 2, 1987
pies 1,936 square feet, adding that the space that is being proposed is
1,650 feet and the ðrchitects that did the study for the new justice
.-!'
center recognized a present need for a county Law Library of 3,522
square feet. He indicated that the Law Librðry is getting smaller at
a time when the architect felt that it should be getting bigger. He
stated that the library is well equipped in terms of books. He stated
that at one time the library Used to be in very small quarters and
books were shelved in the hallways and in empty rooms. He indica~d
that all the books are now shelved and there is also a computer that
allows everyone rapid research capabilities and is' used ð gréat~ àeal
by the judges. He noted that the Law Library is a valuable resource
of the community and ~oes not belong to the Bar Association pr th~~~:~~
Lawyers, adding that it belongs to the pèople of the community. He
stated that he is hoping that there is a~other solution other than the
one that is ptoposed.
Commissioner Hasse stated that a Federal Court is needed badly and
this move should not bp. for a period of more than two years as the
Federal Court will then be moving to Ft. Myers. He stated that there
is a problem at the present time, and buildings are going to be
constructed for the judges and courtrooms as rapidly as possible. He
stated that the Law .Library will not be in the best situation but it
is something that everyone is going to have to live with for a while.
Mr. Blackwell stated that it has only been two years that there
has been room for all the books to be placed on the shelves to be ¡ ¡ :~',
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80DK 104 PAf,f 60.9
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. 104 I'Ar.r 610
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JUNE 2, 1987
used, adding that there is ~nother problem with regards to the budget,
He stated that there are three telephone lin~s in the Law Library that
have been paid for; one is a dedicðted modem line f.or the computer, a
I,
legal aid line and'the Library line itself. He stated that every time
these lines are moved, the Law Library has to pay and it is a signifi-
cant cost item. He stated that he would like to see some of the
$50,000 applied toward moving these lines.
Commissioner Glass stated that the Federal Courts are coming to
Naples and this is an interim measure, adding that the Law Library
will be provided space on the first floor of Building "F" for the next
two years with as good a facility as they have now. He stated that he
feels that the transfer of these lihes should be covered with that
$50,000.
Tape '7
commissioner Saunders,moved, seconded by Commissioner Glass and
~·"'ia¡"""·- :.
. carried unanimously, that the conoeþtual plan approval and funding for '
the federal court related facilities work be approved not to exceed
$50-, o~o· and, that the Law Library telephones be transferred and the
cost be taken from the $50,000,
***
Recess: 12:10 P.X, - Reconvened: 1:15 P.M,
at which time Deputy Clerk Kueter replaced
Deputy Clerk Kenyon.
***
Item f9Cl
FUNDS FOR A PROPOSAL BY M.Q,T. OF AMERICA, INC. - APPROVED IN THE
AMOUNT OF $l,9S0.00
Public Services..Administrator O'Donnell advised that the County
previously participated in funding the Primary Care Service Study of
L! i r,
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JUNE 2, ,1987
Collier County as developed by DHD & Associates, Inc. He stated that
one of DHD's initial recommendations was to a~~ablish an ongoing
planning group comprised of representatives of all major providers of
health care to tha poor.
Mr. O'Donnell stated that a proposal has been received from M.G.T.
of America, Inc. with the following objectivas: 1) design a primary
care service delivery system which h3S been developed in conjunction
with the committee based on concepts presented to date; 2) develop and
describe the recommended model for the delivery of primary care ser-
vices in Collier County; and, 3) review t~e operational costs and iden-
tify potential funding sources. H~ stated that the County, along wl;,!l.~..;
the Health Department, Naples Community Hospital, Collier County
Medical Society and Collier Health Servicp-s, Inc., as a member of the
':c .# .. ~ ,tI
Primary Care §ervices Planning Committee, feels the proposal by.~~G.T.
is the best mechanism to continue with th(~ recommendations contained
in the primary care services study.
Mr. O'Donnell noted that if a grant in awarded, the county would
reserve the right to participate dependin9 upon both the financial
and operational requirements of such a grant. He stated the total
cost of the proposal is $7,800.00 and the County's share is $1,950.00.
Commissioner Glass moved, seoonded by commissioner pistor and
carried unanimous.lx, that the county's shnre of $1,950,00 to fund the
proposal submitted by H.G.T. of America, J:no. for primary oare service
"
be approved,
8DDK 104 PAr.! 611
.Page 42
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104 PA(,t 612
JUNE 2, 1987
Item f9C2
BID 87-1103 FOR SOD FOR IMMOKALEB SOFTBALL FIELD - AWARDED TO
KC GOVERN CONSTRUCTION IN THB AMOUNT OF $10,620
L,ga1 notice having been published in the Naples Daily News on May
7, 1987 as evidenced by Affidavit of Publication filed with the Clerk,
bids for sod for the Immokalee softball field were received at the
County Purchasing Director's office until 2:30,p.m. on May 20, 1987.
Public Services Administrator O'Donnell said that in addition to
the advertisement placed in the Naples Daily News, invitations to bid
were sent to 18 vendors.
Mr. O'Donnell reported that only one bid was received from
McGovern Construction in the amount of $10,620. He stated that the
Parks & Recreation Department have reviewed the bid and recommends
. ."' .... ,.
~ 1-·1»:'-..
.
that this contract be awarded to McGovern Constructiõn.
,.. f I' $.,
Chairman Hasse stated his concern about receiving only one bid.
He stated that when only one bid is received there is something wrong
and he requested Staff to investigate why this happened. After some
discussion on timeframes involved with the project, Mr. O'Donnell'
requested that:this item be awarded.
commissioner Gooðnight moved, seconded by Commissioner pistor and
carried unanimously, that Bid 87-1103 for sod for the Immokalee
Softball Field be awarded to McGovern Construction in the amount of
$10,620.00.
Item '9C3
DEDICATION OF THE FRANK E. HACKL!, JR, COMMUNITY PARK ON JUN! 4, 1987
- APPROVED
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JUNE,2,'-19B7
Public Services Administrator O'Donnell stated that the Frank E.
MackIe, Jr. Community Park on Marco Island wiLl be ready for public
use on Thursday, June 4, 1987. He stated the facilities include:
a 5,200 sq. ft. community center, lighted multi-purpose recreation
area with basketball/volleyball court, four shuffleboard courts, a 10
acre lake, jogging path, open play area, children's play area, 135
parking spaces, picnic area, and a maintenance facility,
1
He .advised that in addition to the June 4th Grand Opening there
will be a "Grand Fun Day" on June 6th,from 10:00 a.m.t~.nQon in which _
games and activities will be provided to children and adults.
commissioner Goodnight moved, seconded by Commissioner Pistor and ,
" : . -.4J-:"~...';
carried unanimously, that the dedicatioß,of the Frank E. MackIe, Jr.
Community Park on June 4, 1987 be approv~d.
Item f9Dl
.
BID 87-1109 FOR UTILITIES RATS STUDY - ;~WARDED TO JOHN A. MAYER
ASSOCIATES FOR $l8,700
Legal notice having been published in the Naples Daily News on May
7, 1987 as evidenced by Affidavit of Publication filed with the Clerk,
sealed proposals for a Utility Rate Study were received at the County
Purchasing Director's Office until 2:30 a.m. on May 20, 1987.
Utilities Business Administration Director McNees stated that 7
proposals were received ranging from $18,700 to $84,000. He stated
that the requested study is to includé water and sewer user charges,
; ,r
impact fees, and other ancillary charges.
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aDOK 104 PAr.£ 613
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104 Flq 614
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JUNE 2, 1987
~r. McNees stated that because of the large differences in prices,
both the Utilities Staff and th~ Clerk's Fiscal Office have reviewed
the proposal submitted by the low bidder, John A. Mayer Associates,
,.
and find it to be in conformance with the scope of services as set
forth in the request for bids. He stated that he also made some
inquiries to counties that have used the firm's services and received
rave reviews.
commissioner Goodnight moved, seconded by Commissioner pistor and
carried unanimously, that Bid 87-1109 for utilities Rate stuðy be
awarded to John A. Mayer Associates for $lO,700.00.
Item UD2
CHANGB ORDBR NO. 3 FOR THB GLADBS IN THB AMOUNT OF $49,343.65 _
APPROVED AND CHAIRMAN AUTHORIZED TO SIGN
Utilities Engineering Director Madajewski stated that this Change
ð
Order is for a sewage force main and pump station being constructed
:-·. i;ao;,..tor Co11ier County. He stated they will serve the area from the
Winterpark PUD to Naples Production Park.
Mr. Madajewski stated that the majority of the cost is for the
,.. .. .-, .., jaO. r
pump station which had to be modified. He noted that the original
pontract contained a very small pump station which would have been
large enough for the Industrial Park only and the redesign will be
large enough for the entire project.
Mr. Madajewski stated that the Enginaering Department has already
been notified that the Utilities Division will be seeking reimbur-
...
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JUNE 2, 1987
sement of the associated pumping station costs through the Naples
Production Pðrk MSTU Special Assessments to be,..,levied against the
benefited property owners. He said these costs total $54,836.35.
commissioner Goodnight moved, ..aonðed by Commissioner Pistor and
carried unanimously, that Change Order No. 3 for the Glades in the
amount of $49,343.65 be approved; the Chairman be authorized to sign;
and the proper budget amendment be ~ade,
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JUNE 2, 1987
Item ftD3
EMERGENCY DECLARED - ORDINANCB 87-45 REPEALING ORDINANCES 87-28 ,
87-29 RE LAWN SPRINKLING RESTRICTIONS _ ADOPTED
Utilities Administrator Crandall stated that approximately one
month'ago the Board enacted an Emergency Lawn Sprinkling Ordinance.
He stated that this Ordinance was intended to be in force for as long
as the demand of the County's Regional Water Treatment Plant exceeded
the capacity to produce potable water.
Mr. Crandall advised that the water storage levels have returned
to normal; many seasonal residents and tourists have left the area;
residents are complying with the water cutback; and anticipating con-
tinued rain activity, the Utilities Staff is requesting that the man-
datory lawn sprinkling restrictions be lifted.
'" 'After some discussion on various areas in the Coqnty, Commissioner
dlass f~quested the Utilities Staff to review thJsituation iri~
Willoughby Acres and Bonita Shores.
~..;~.t County Attorney Cuyler advised that because Ordinance 87-28 and'
87-29 were both Emergency Ordinances, they must be repealed. He
advised that an ordinance repealing Orqinances 87-28 and 87-29 ,could
be prepared and returned at next week's meeting, or it could be passed
as an emergency ordinance today.
Commissioner Baunðers moved, seconded by Commissioner Glass and
oarried unanimously, that an emergency be declared and a publio
hearing held so resiðents of Collier County will not be restricted on
,...
Page 47
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JUNB 2, US,?
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County Attorney Cuyler distributed a cOPY~f an Ordinance lifting
the restrictions on lawn sprinkling in Collier County. He advised
that he will chðnge the format of the Ordinance to comply with the
emergency declared by the Board.
Commis.ioner Sftunder. moved, .econded by Commissioner Glass and
carried unanimously, that the public hearing he closed.
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Commissioner Saunðers moved, seconðeð by Commissioner Glass and
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carried unanimously, that the ordinance'as nWl1bereð'lI.n'd tlt:le'dbelo1t '4>" ':~, '.'
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be adopted and entered into Ordinance Ðook No. 27:
ORDINAÑCB NO. 87-46
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AN EMERGENCY ORDINANCE"REPEALING EMERGENCï ORDINANCES
NO. 87-28 AND 87-29 WHICH ~STABr.ISHED REGULAT,IONS ,',,'.:';. ,
GOV'ERNING THE USr1 OF THE CtìLLIEU COUNTY WATEIt SYSTEM ',' ,>';.J., (
- FOR LAWN SPRINKLING WITHIN THE UNINCORPORATED AREAS ,_,..
~OF CO~LIER COUNTY; PROVIDING CONFLICT AND SEVERABILITY;
DECLARING THE EXISTENCE OF AN EMERGENCY AND PROVIDING
AN EFFECTIVE DATE.
.~
Item UD4
.' ::".'
RESOLUTION 87-126/CWS 87-1~ AUTHORIZING ACQUIDITION OF PUMP STATION
SITES - ADOPTED
Utilities Engineering Director Madajewski stated that this item
was moved from the Consent Agenda to the regular Agenda to provide
clarification, sinc~ one of the sites is owned by the Glades, East
"
.
.
Naples Water System. . ~':::,:"..:J .,:j
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Mr. Madajewski stated that the Board previo~sly adopt~d ~.res?~~~.~~~t
, : j' , h.).I, ';~j . .I~ ~J .~, J.~ ....:..AAtt1i\¥,;gJ
Uon to scguire pump stsUon oites for the regi';nol plsnt: üe;:~~.~~~j1J!!,{!.4î
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80DK 104 P.\r;[ 619
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JUNE 2, 1987
that the proposed sitES are involved with the grant process and there
are procedures which must be followed. ,He advised that the five sites
are located ~hroughout the south part of the County with some being
acqui~ed directly and the remainder acquired through easements and
access easements. He stated that the Real Property Department has
reviewed the sites.
Mr. Madajewski advised that the site proposed for Pump Station
3.05 requires additional land at the Glades site. He noted there is
an existing effluent storage tank which belongs to the County under
the Settlement Agreement, however, it has been decided that a larger
piece of property is needed for this pump station and tank.
Mr. Madajewski adviseð that Staff is requesting authorization to
a~q~ire by gift, purchase or eminent domain. He saidlthe next step
will be appraisal of ~he properties~ t ~
~ ,
Commissioner Saunders moved, seoonded by Commissioner Pistor and
.._~ carried unanimously, that Resolution 87-126/CWS 87-13 authorizing
. 4'·-' ...
,
acquisition of pump station sites be adopted.
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JUNE 2, 1987
It.. Un
RESOLUTION 87-127 AUTHORIZING EMPLOYEE ASSISTANCE PROGRAM _ ADOPTED.
POLICY STATEMENT AND AGREEMENT - APPROVED
,...
Risk Management Director Rynders stated that the Employee
Assistance Program will deal with a broad range of human problems such
as emotional/behavioral, family and marital, 5lcohol and/or drug,
1
financial, legal, and other personal problems. She stated that the
David Lawrence Mental Health Center provided this program to the
. .. '.. '." - -# ... .. .
County over the past year, at no charge, as a pilot program.
,..
Tap. fa
Mrs. Rynders stated that she hðs discussed this progrðm ('with -¡f~"'.';
I
Constitutional Officers and they have all expressed their willingness
~
to participate in this program. She stated this will reduce the cost
of the contraët to $15.00 per employee. She adviLed that the Board
share of the contract is $9,285.00.
Mrs. Rynders noted that Collier County ha£ received a dividend of
over $40,000 from the County's insurance carrier and this program is a
very appropriate use of those funds.
In answer to Commissioner Glass, Mrs. Rynders stated that during'
the pilot program approximately 40 employees (or 5% to 10% of total
Boðrd employees) took advantage of the program. She also stated that
Brevard County has had a similar program in place for approximately' 3
", "~ "-Ij ,(.jÜ'
years and their program has been very beneficial. She said that ,
Collier County's progr~m can also be very beneficial with good super-
",if.
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aD OK 104 PAr.r 631
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104 PAf,f 632
t .~
JUNE 2, 1987
visory participation.
CO! 'In' ~~s~er to Commissioner Saunders, Mrs. Rynders stated that the
,. '
charges listed for other services, such as employee screening, are not
being utilized at the present time, however, by placing them in the
agreement, the price for those services is guaranteed.
Deputy Chief Barnett, Sheriff's Department~ stated that the
Sheriff's Department would like to take advantage of this program. He
stated that they are presently using a private psychiatrist, however,
he cannot keep up with the workload.
County Manager Dorrill confirmed that he has spoken with the
Constitutional Officers and they are in full support of the program
and feel it will be very helpful.
In answer to chairmanðHasse, Mrs. Rynders stated that the service
is completely confidential and the only report the County receives is
~~~~~-report of how many employees used the program during the month and
how they were referred. She also stated that if a supervisor sends an
_ e~p~o¥e~ to the program, the only report given is whether that
employee kept the appointment.
Mr. Dorril1 stated the only excèption would be for the Sheriff
since employment is contingent on that type of report.
Mr. Barnett 3tated that this program is a very good intervention
program, since a regular 28 day alcohol program costs between $15,000
and $20,000 per employee. He statèd this is a very viable
I',Ilterr.ative.
,..
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Page 51
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commisøioner Saunders moved, seoonded by Commissioner Pistor and
carried 4/1 (Commissioner Glass opposed), that Resolution 87-127
authorizing the Employee Assistance Program an~ Policy Statement;
authorizing the Chairman to Execute the AgreÐment with David Lawrence
Mental Health Center; and authorizinq funðs in the amount of $9,285.00
be adopted.
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aODK 104 PAG( 633'
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JUNE 2, 1987
Item flOA
REPORT ON FORECLOSURE ACTION ON THE DELINQUENT UTILITY SPECIAL
ASSESSMENT DISTRICTS - ACCEPTED
To summarize his memo dated May 26, 1987, Assistant County
Attorney Anderson stated that on ð County wide basis the collection of
water and sewer special assessments is up 75% over last year or
$285,000. He stated that this has been accomplished through increased
collection efforts and without lawsuits.
Mr. Anderson stated there is approximately $100,000.00 in deli-
quent payments remaining uncollected from approximately 150 proper-
ties. He advised that the County Attorney's office is seeking to
recover the annual installments, but they are also required to acce-
lerate the total amount due. He said when suits are filed they will
be seeking in excess of $300,000.
Commissioner Goodnight moved, seconded by Commissioner Pistor and
carried unanimously, that the County Attorney'S report on foreclosure
action on the delinquent utility special assessment districts be
ð
. accepted.
,
Item '11A
~''';~'''''- , '/"
BUDGET AMENDMENTS 87-300/30;1, 87-304/30S, 87-307 - ADOP'l'BD"
Commissioner pistor moved, seconded by Commissioner Glass and
carriéd'unanimously, that BUdget Amendments 87-300/302, 87-304/305 and
87-307 be adopted.
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JUNE 2, 1987
Item'12A
DISCUSSION OF LELY BAREFOOT BEACH - COUNTY AGREES TO PAY SO, PROVIDED
BXCESS OF $1 MILLION BE USED TO DEVELOP PARK FACILITIES
,..'
Commissioner Saunders distributed a compilation of the survey con-
ducted among the Governor and Cabinet Members. He stated that the
survey is self-explanatory and it is obvious that a contribution of
50% tow~rd the purchase price of Le1y Barefoot Beach could insure the
State's acquisition. He stated that Collier County needs to make sure
that the State will do it quickly and maybe they could tie some of the
50% contribution to development of the park.
Commissioner Pis tor stated that he has also had many conversations
with people in Tallahassee and received the impression that the County
should offer only $100,000 more, but not 50%.
,
f' oK,.;'!;
Chairman Hasse suggested that he and County Manager Dorrill go to
Tallahassee next ~eek and find o~t where the County stands dh this
issue. He sta-ted that it is his opinion that the first thing needed"
is to insure that the property is availeble and he concurs with Mr.
Dorrill's briefing paper and his procedures should be followed.
Mr. Dorrill stated there are two issues: 1) the County is on
borrowed time with Lely because of their impending sale and 2) does
the County want to purchase the property in the event the State
does not? He stated'that a draft option agreement has been obtained
and Lely has stated they do not feel the County's offer is sufficient
"
to hold the property for 9 months. He said Lely countered ,with an
'.
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80DK 104 PAr.r 641
Page 54
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aOOK 104 PAr,r 642
JUNE 2, 1987
" I
amount they would lik~ to hold the property for that period of time,
He advised that the ~oney Lely is aSking for in the option is quite
high ~nd a decision needs to be made as to whether the County will go
ahead with the purchase if the State does not. He said the option
money being requested is too much to lose if either the County or
State does not purchase the property.
Mr. Dorrill stated that he would prefer to continue pursuing the
State's purchase and reminded the Board that while the project is
ranked number 12, it is the only project currently under negotiation
at this time.
Chairman Hasse stated that he feels the option figure requested by
Lely is too high.
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Commissioner Glass stated that h~ is addressing tñis issue as a
I" f r t.,
real estate professional with experience with considerable large deve-
lopments. He stated his belief that if the State does not buy this
property, Collier County must.
He said entering into an option
agreement at this time is not that productive with the present terms.
He recommended:that the County enter into a purchase agreement: with
Lely with the right of assignability for a specifically stated price
subject to a verifiable MII appraisals, subject to obtaining the
permits and authorizations required by the government agencies to
operate that park and obtaining financing for a minimum amount of $2.1
million for not less than 5 years at an interest rate not to exceed
9\. He said in that way if the State decides to purchase the pro-
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perty, Collier County can assign the purchase çontract to them and
,
give them the million dollars promised. He stated that if they do not
approve the purchase, the County can go ahead with a closing date of
March 1, 1988. He said this also gives a firm commitment in both
directions to assure the property will be purchased.
Mr. Dorrill stated that he has no particular problems with
j' '.~ -, \
JUNE 2, . 1987,
.
Commissioner Glass' suggestion, but would like to present it to the _.
State by explaining that Collier Coun~y was concerned they would iö~e
',. '.." ",. ~ '-
their option money.
Oh~irman Hasse stated that once the County commits to borrowing
$2.1 million, the State will take the po~ition that Collier 'éount~~.~~
"I'
does not need them to buy the property. He said this is the same
p
problem that arises in contemplating the 50% contribution.
Tape f9
Mr. Richard Klaas, Lely Development Corporation, stated that he{~
out of time and the County needs to put something on paper, and it
does not make any difference whether it is an option or a purchase
contract as long as it is done quickly. He stated that he has a
problem with tying an option or a purchase contract to possible action
by the State. He stated that he has discussed the situation briefly
with Naples Federal and they are extremeiy flexible with 10%, 5 or 10
year mortgage and a fixed rate could be obtained at 9.5%.
.' ¡':f
In answer to Chairman Hasse, Mr. Klaas stated that if Lely:'kriéw:""
.. '-',
they were dealing with, a County purchase rather than a State purcha's~' I
BeOK 104 PAQ 643'
pa'ge 56
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JUNE 2, 1987
they could use a 4 month option period at $50,000 to be attributable
toward the purchase price.
Commissioner Saunders moved that Collier County agree to work with
I
the State tor acquisition by the state, with the County to contribute
up to SO% of the acquisition cost, and entor into an agreement with
Lely for the County to purchase that property,
Commissioner Pistor stated that he would not vote to offer the
State 50\ of the purchase price.
Commissioner Goodnight stated that the County should offer the $1
million and then, if needed, offer the other $500,000 with the stipu-
lations that the money be used for the park development.
Commissioner Saunders restated his motion, which died tor lack of
a second.
Mrs. Emily Maggio, rerresenting Save Our Beaches Committee, stated',
.her support of the project. She requested that the Commjssion place
~~·~~restríctions on the additional monies and not just hand them an extra
$500,000.
qOlll,Jlli~s,io~er Saunders mo~ed, seconded by Commissioner Goodnight
and carried unanimously, that Collier County agree to work with the
~tate for acquisition by the Statel the County to contribute up to 50%
ot the acquisition cost with all money over $l million to be used to
develop the park facilities and to open the park within 2 years.
Commissioner Saunders moved, seconded by Commissioner Glass and
carried unanimously, that the County Manager and County Attorney meet
,,,.
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Page 57
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with the Lely Development Corporation and negotiate an option
agreement to purohase Lely Baretoot Beaoh on a $so,ooo tour month
."
option with the $50,000 to be applicable to the purohase prioe.
County Attorney Cuyler suggested that the option contract be
brought back before the Board within two weeks for signature.
Tape #10
Item 112B
JUHB 2, 1987
'"
PROPOSED TRAVEL POLICY POR COMMISSIONERS _ NO ACTION
Commissioner Goodnight stated that she submitted copies of a pro-
pOsed travel policy for the ,Commissioners. She sai~ this policy is
compriseq of other counties POlicies, Collier County POlicies, and
requirements within the State Statutes.
.
Commissioner GOodnight stated that she would like the
Commissioners to review these Policies during their vacatio~ breakiso
i I 4 ~ ~
they will be ~ble to establish 6 policy during the bUdget process; "
.
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Controller Joe Warren requested that during their review, they' ,
give some thought to further defining who is permitted to rent a car
when traveling.
Item f12C
DISCUSSION OP DUPLICATE STREET NAMES - STAFF TO PRESENT AVAILABLB
OPTIONS AND PREPARE ORDINANCB
.;.
Commissioner Goo~night stated that it has been brought to her
attention that duplicate street names in Collier County have caused ,
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problems for tbe fire departments, EMS, and the Supervis?r ,of '.I " ""
Elections. She suggested that the Board direct Staff to determine
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aDDK 104 PAf,£ 645
Page 58:, ¡
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·oo~ 104 P.\q 646
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what'street names in the County are duplicated and report back to the
Board.
Community Deve~opment Administrator Pettrow stated that he is very
receptive to this suggestion and it is long overdue. He said it is
not quite as easy as it sounds since there are at least 138 duplicate
names in Collier County. Also, there are also,problems such as who
ehould suggest the new names for the streets, will there be a commit-
tee to arbitrate any disagreement with residents over a proposed name,
and the rules are fragmented throughout different ordinances over a
period of time. He noted that the new E-9ll System is going to
require that the Co~nty complete this task shortly.
.. '.. . Mr. Pettrow stated that he wOUld like to allow St:..aff to present
differ~nt options available for ac~omplishin9 thip task and a proposed
ordinance that will work and how the system can then be maintained.
:..,.'¥r'.. He stated that the Planning Staff should be able to complete this task
,
before the end of the summer.
Deputy Chief Barnett, Sheriff's Department, requested that Mr.
Pettrow be allowed to include a policy and criteria for allowing the
use of private street signs. He explained that when there is only one
or two houses with a long dirt road, people will put up any kind of
sign naming that road. He said the Sheriff's Department then receives
calls referring to that street name and the location is unknown.
It was the general consensus that the Planning Staff be directed
to investigate this situation and present available options to the
..
BOard and prepare an ordinance to cover the situation,
JUNE 2, 1987
, ,..
' [ .., r, PagEl.s.~
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Item '~4A1
RESOLUTION 87-128 PROVIDING FOR ASSESSMENT or LIEN IN ORDER TO RECOVER
EXPENSES TO ABATE PUBLIC NUISANCE ON GOLDEN GATB CITY UNIT 7, BLOCK
234, LOT 16, PROPERTY OWNER: ARTHUR LEE WATSON
See Pages ~t)/ - ~.s- d;¡
...
Commissioner Saunders moved, .econd.d by Commissioner
Goodnight and carried unanimously, tbat the fOllowing items
under the Consent Agenda be adopted and/or approved:
Item U4A2
REQUEST FOR PROPOSAL FOR STUDY OF COMMERCIAL LAND USE NEEDS RE GROWTH
MANAGEMENT AND ESTABLISHMENT OF CONSULTANT SELECTIO~COKHITTBE.
Selection committee consisting of the fOllowing staff:
Growth Management Coordinator
Community Development Administrator
Director of Planning/Zoning
Chief of Long Range Planning
Director of Purchasing
--...:....i.... .;
:
Item Un1
EASEMENT TO FLORIDA POWER AND LIGHT TO ALLOW ADDITIONAL POWER
INSTALLATION FOR NAPLES LANDFILL CELL NUMBER SIX LEACHATE TREATMENT
SYSTEM
, -
'.
Item '14B2
RESOLUTION 87-129 PROHIBITING VEHICLES IN EXCESS OF FIVE TONS FROM
TaRU MOVEMENTS ON YBLLOWBIRD STREET , MARCO ISLAND
See Pages t:.53 - (PSf
See Pa~.ep
~sS'
Item U4C1
CHANGE ORDER FOR MOLLENHAUER CONSTRUCTION AT FRANK E. MACKLE COMMUNITY
PARK IN THE AMOUNT OF $10,998.2S
;';
Item U4C3
See Pages ~S~- ?-&)7
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104 PAr,f 648
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4,
JUNE 2,1987
DEDICATION OF THE OPENING OF THE NORTH NAPLES COMMUNITY PARK TO BE
HELD JUNE 1l, 1987 AT 2:00 P,M.
Item U4D1
ACCEPTANCB OF WATER FACILITIES TO SERVE NORTH NAPLES COMMUNITY PARR
See Pages O.R. Book 1272, Page 950
Item U4D2
ACCEPTAl~CE OF SEWAGE TRANSMISSION PACILITIES FOR TIMBERWOOD OF NAPLES
See Pages O.R. Book 1272, Pages 955-969
Item '14D.
PURCItASB OF TWO RAW WATER WELL EASEMENTS FOR THE EAST REGIONAL
WELLFIELD EXPANSION
S~e Pages O.R. Book 1271, Pages 951-954
Item U4D5
AUTHoRI2ATION OF PAYMENT FOR EMERGBNCY REPAIRS IN THE AMOUNT OF
2 S87,72 TO BOB DEAN SUP LY FOR GOLDEN GATE WELL FIELD WELL #4:
Item 'UG1
~''';'-r'~RTIFICATES OF CORRECTION TO THB "'AX ROLL AS PRESENTED BY PROPERTY.
' APPRAISER'S OFFICE
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1985
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',;' f! :~;~ iLl': ); 1: L i.;¡,¡ )¡."r.1I
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~ '. ,
1986
Nos. 193/197
Item U.G
HISCELLANEOUS CORRESPONDENCB - FtLED AND/OR REFERRED I
Dated 5/21/87
, ,
There being no objection, the Chair directed that the fOllowing
miscellaneous correspondence be filed and/or. referred to the various
.. -' i ~ ,:,,1, ~ I ",þ '_. ;
departments as indi~ted below:
, I
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.; ~..~¡' "~'?-:()";";;',.
:i ¡ ,,¡ pa'ge '61,
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1.
JUNE 2, 1987
Letter dated 5/21/87 from Douglas L. Fry, Environmental
Supervisor, DER, enclosing short form application File No;
111345045, which involves dredge and fill activities. xc:
Neil Dorr1ll; Dr. Proffitt; and Filed,...,
Copy of a letter dated 5/8/87 from Robert G. Dean, Director,
Division of Beaches and Shores, DNR, to Wm. L. Parker,
President, Parker Beach Restoration, Inc., approving one-year
time extension of Permit No. CQ-15l for construction activi-
ties by Key Island, Inc. xc: Neil Dorrill; Dr. Proffitt; and
Filed.
Copy of a letter dated 5/8/87 from Robert G. Dean, Director,
Division of Beaches and Shores, DNR, to George H. Hermanson,
P.E., Hole, Montes & Associates, Inc.; approving one-year time
extension of Permit No. A CO-I07 Ml for construction activi-
ties at The Beach Venture. xc: Neil Dorrill; Dr. Proffitt;
and Filed.
2.
3.
4.
Letter dated 5/13/87 from Dr. Polkowski and Roger Evans, HRS
enclosing CPHU Quarterly Report. xc: Neil Dorrill; Kevin
O'Donnell; and Filed.
5.
Minutø.s:
,
"-AM-!;
A. 4/23/87 Collier Soil and Water Conservation District
. B. 4/23/S7 Library A!ivisory Board ..,
C.._ 5/06/87 - CCPC-CAC
,. . .. ....;'..
Reêèived 5/19/87 Hendry County's Response to Motion of Public
Defender for Tenth JUdicial Circuit to Withdraw as Counsel in
15QPending Appeals, Second District Court of Appeals, _ Case
No.'85-2817, Anthony J. Laporte, Appellant, vs. State of
_Florida, Appellee. xc: Ken Cuyler; Jim Giles; and Filed.
7. Letter dated 5/20/87 from Stephen J. Rozman, P. E., District
Aviation Engineer, DOT, regarding W.P. Item 4822025 _ Construct
FBO Hangar @ Immokalee, Collier County, and enclosing letter
of No Prejudice covering item in the Departments ,Fiscal 87/88
budget. xc: George Archibald and Filed.
6.
***
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BOOK 104 PAr,¡ 64,9
Page 62"
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104 I'AGf 650
JUNE 2, 1987
There being no further business for the Good of the County, the
meeting was adjourned by Order of the Chair - Time: 3:00 p.m.
,.
BOARD OF COUNTY COMMISSIONERS/
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS
CONTROL
~.~~
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:(.\~~;..: '.Th~4fm¡~">e. .P~d by the B.o.r~' on A../'''''~'::9./' /.
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