BCC Minutes 12/02/1986 R
Naples, Florida, December 2, 1986
LET IT BE REMEMßERED, 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 g~verning 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 pres~nt:
CHAIRMAN: Max A. Hasse, Jr.
VICE-CHAIRMAN: Arnold Lee Glass
John A. Pistor
Burt L. Saunders
Anne Goodnight
ALSO PRESENT: James C. Giles, Clerk; John Yonkosky, Fi~~~ce
Director; Maureen Kenyon, Deputy Clerk; Donald B. tusk, County
Manager; Neil Dorrill, Assistant County Manager; Ken Cuyl(:r, County
Attorney; Tom Crandall, Utilities Administrator; George Ar;hibald,
Public Works Administrator; Kevin O'Donnell, Public Servic~s
Administrator; David Pettrow, Community Development Administrator;
Leo C~hs, Administrative Services Administrator; Tom McDaniel, Barbara
r';acç'"ione, and Dave Weeks, Planners; Ann McKim, Planning/Zoning
Director; Jeff Perry, MPO Director; Jane Fitzpatrick, Growth
Management Coordinator; Mary Morgan, Supervisor of Elections; Ken Pineau,
Fleet Management Director; Nancy Israelson; Administrative Assistant
to the Board; and Deputy Chief Ray ~ðrnett, Sheriff~Department.
Page 1
ðQOK 099 PAè£ 459
~
.;-.'''.,_.._'~"-_.,--
'---,_....,..
-"'-"__"'_"_'''''"'~__'~ð~'''
December 2, 1986
Item f3
AGENDA - APPROVED WITH CHANGES
Commissioner Glass moved, seconded by Commissioner Pistor and
carried unanimously, that the agenda be approved with the following
ohanges:
a. Item 982 - recommendation to have B&B Insulation complete
work in the Law Library insulating the air conditioning
piping - Added.
b. Item 128 withdrawn per Commissioner Goodnight.
c. Item 1481 re Excavation Permit 59.273 moved to Item 9B3.
d. Item 1482 re Final Plat of Countryside Section Three moved to
Item 984.
e. Item 1483 re Final Plat of Countryside Section One, moved to
Item 9B5.
f. Item 14F2 re County Manager's annual leave extension moved to
Item 9F2.
Item '5A
EMPLOYEE SERVICE AWARD - PRESENTED
Commissioner Hasse presented a plaque, a service award certificate
and n ~in to employee Alton Clifton, Road & Bridge Department, fcr 25
ye~~s of service with the County.
Item '5B
DAN PUCHER, FLEET MANAGEMENT COORDINATOR, RECOGNIZED AS EMPLOYEE OF
THE YEAR
Chairman Hasse recognized Dan Pucher, Fleet Management
Coordinator, as Employee of the Year.
Item HAl
PETITION CP-S5-2C, GEORGE VARNADOE, REPRESENTING AMNON GOLAN,
REQUESTING COMPREHENSIVE PLAN CHANGE FOR ORANGE TREE DEVELOPMENT _
TO BE SUBMITTED TO STATE AND REGION AND THEN BROUGHT BACK TO BCC
Legal notice hñving been publish~d in the Naples-Daily News on
November 21, 1986, as evidenced by Affidavit of Publication filed with
Page 2
ðOOK Ogg PAGE '463"
,-"--_.....',.......,_..... .----. .... ----.....,
-
09"9 PAGE 464
December 2, 1986
the Clerk, public hearing was opened to consider -Petition CP-85-2C,
filed by Attorney George Varnadoe, representing Amnon Golan,
requesting a comprehensive plan amendment of the future land use ele-
rnent and future land use map from a rural land use designation to a
new land use designation, Vested Area II, for approximately 2,798
acres known as North Golden Gate, also known as Orange Tree
Development, located in Sections l3, 14, 23, and 24, Township 48
South, Range 27 East.
Planner Cacchione stated that the objective
of this petition is to amend the comprehensive plan land use designa-
tion to allow those permitted uses granted by the "PUD by Settlement"
zonir'1 as agreed to in the Settlement and Zoning Agreement dated
J~¡¡uary 27, 1986. She noted that the "PUD by Settlement" allo\<s the
fOllowing permitted uses on the property:
Agricultural
Resldential
Commercial
Community Use
Utility Use
School/Park
Right-of-Way
Lake
1600 Acres
2100 Units on 865 a~re8
22 Acres
55 Acres
15 Acres
25 Acres
70 Acres
185 Acres
She reported that in the Agreement the County agreed to c~operate
with the petitioner to amend the land use map and the comprehensive
plan to a designation, other than Urban, which would accommodate the
proposed uses. She indicated that this request is to amend the land
use map from Rural to Vested Area II and to add a description of the
land use designation and permitted uses to the Future Land Use
Page 3
~."M.,-~"_"",,,,",, _.. ,,,.,.......,,~.. ,_",_~,"'_.~.__.
December 2, 1986
Element. She noted that the Vested Area Ii land use designation is ð
unique designation specifically created to apply to that area known as
North Golden Gatc to allow the proposed uses as agreed upon by the
County in the Settlement and Zoning Agreement. She stated that the
:CPC recommended approval of thi:3 petition subject to future amendment
of the "PUD by Settlement" to allow the school site to accommodate a
high school if deemed necessary by the School Board. She reported
that Mr. Bob Sicbold with the Big Corkscrew Fire Department spoke
regarding fire protection and indicated that adequate fire protection
could not be providcd. She stated that Mr. Paul Meunzer with the
Coll~er County Public Schools spoke regarding the proposed school
sit~; to clarify the location of the site and to determine ~~~~ther the
flexibility existed for the site to be used as an elementary sch~ol,
middle school or high school. She said that six letters were r ccived
in support of the previous request to an Urban designation b~~ one
letter in opposition, adding that one letter was also received 1n
opposition to the current request until further informatior. could be
obtained from the applicant. She concluded by stating that the
request is for approval to transmit this petition to the State
Department of Community Affairs for their review and transmittal to
the Southwest Florida Regional Planning Council and also for the Board
to state their intent to hold a second public hearing after the State
and Regional agencies have reviewed. the proposed a~ndment.
Attorney George Varnadoe staled th~t he has no presentation to
Page 4
ðOOK
099 PAG£ 465
"-~~~~~"-~""""~."'''~'''''~' ;..,-..,
=__",~__"__""..,.,,,,,.>o....,.~.,,
~OOK 099 PAGE 466
December 2, 1986
make and would only state that he is carrying out the effects of the
settlement agreement that was entered into on January 27, 1986, adding
that there is no change to the uses as this simply reflects on the
=omprehensive plan. He stated that with regards to the school site,
they have no objection to whether the school is elementary, middle or
high school.
Commissioner Pis tor questioned what happens to the land if the
school was not needed, to which Mr. Varnadoe etated that the land
would remain as part of the development as that land does not ~et
deeded to the Schoo: Board. He stated that if the land was sold, it
specifically states that this is an education site and, therefor~,
the same would have to be built on it.
Zoning/Planning Director McKim stated that if anything else was
done with the school site land, it would require an amendment to the
PUD, which would be brought back before the Board.
M~·. Bob Siebold, Chief of Big Corkscrew Fire Department, stated
that chere is not adequate fire protection in the area for such a
development. He stated that he needs something to be able to pro-
tect the buildings and the pevp1e that live in the area now and that
will be living there and if all these units are built, he will not be
able to provide the needed type of protection. He stated that he does
not have the equipment or the manpower. He noted that the way the
units will be built, if one should catch on fire, a block of them
w~~ld probably be lost.
Page 5
""_.~<"~'--"""'-""""""""'""-"~'''''''''''''<""-..~~,--",,"'"'"""""~'~"'-''''-''''''''"
December 2, 1986
Commissioncr Hasse questioned if there was adequate equipment,
wculd this development be all right, to which Mr. Siebold replied
negatively, adding that he has no way of getting the water out of the
ground onto the fire.
Commissioner Pistor stated that there is no reason that the tax-
payers could not put in fire hydrants on the water lines to provide
the water and with the additional revenue that these taxpayers will
bring in, the fire department could put on some paid personnel and
purchase additional fire equipment and the fire protection c~ocerns
would be taken care of.
Mr. Siebold stated that he will not receive any of the .tax base
until after the bu~ldings are built and the people are 11 v,lng there,
but in the meantime, he needs to be able to protect the people 'And the
fact remains that he still does not have the /lbility to get tt,.: wa ter
from the hydrant onto the fire. He stated that he needs a piece of
equipment now before he even gets any portion of the tax base.
Mr. Varnadoe stated that contact was made with the fire department
a year and a half ago and there was not this concern at that time.
He stated that there were concerns regarding building heights which
-
were lowered, adding that a central water system will be installed,
but he is not in a position to fund ~quipment for the fire department.
He stated that the 2,100 units are not going to be built at one time,
noting that the construction will be slow and steady.
Assistant Co~nty Manager Dorril¡.stated that th~ is an indepen-
800j( 099 PAGe 467
Page 6
".""""'-"--~"""-"-"'-"--'" .
aOD( 099 PAG[ 468'
December 2, 1986
dent fire district and there is no district in the County that has a
lower tax base due to the federal purchase of land in the area. He
stated that possibly there could be a lease/purchase type of agreement
that could be entecad into in orde~ to be able to purchase needed fire
equipment.
Commissioner Goodnight stated that she was contacted over a year
ago about the fire department having a site for a firehouse and that
was also the time to mention the concerns that have now been pre-
sented.
Mr. Bill Barton of Wilson, Miller, ßarton, SoIl & Peek, In!;.,
stated that he is the planner and engineer for the project, adding
that in the future it has been recognized that the fire facility will
be inadequate, but as the community grows the fire department n~eds to
grow. He stated that there are hundreds of lots that are bein~ built
on n0W that have fire protection and he would find it difficult to
un¿e(stand why Orange Tree could not be assured of fire protection if
the other homes in the area have such protection. He stated that he
knows that the clients will work hard with the fire district to be
sure that there will be adequate fire protection in the area, adding
that these matters should have been resolved at the time of the
settlement agreement. He noted that for any development to be suc-
cessful, it has to have the required and necessary services for the
people to live there.
Commissioner Saunders stated that the settlement agreement is
Page 7
--"~~,,,.,.-;,,,^,;,"''-'"'''~'''~_'''''~'''''''
........-.-.
----...;......-
December 2, 1986
clear and the Board approved it in January, 1986, and should proceed
with this matter. He stated that he would like to encourage Mr.
Barton, Mr. Varnadoe, the Developer, Mr. Siebold, and the County
Attorney to meet and try and resolve these problems in order to pro-
vide the necessary fire protection.
Commissioncr Hasse stated that he would like to see this matter
continued until all issues have been resolved, to which County
Attorney Cuyler stated that he would suggest that the Board go forward
with this petition as it will be coming back to the Board after the
State and Region reviews.
In answer to Commissioncr Saunders, County Manager Lus~ stated
that the County can require certain water pressures, but e "CO" ~annot
be held up because there is lack of fire equipment.
~~mmissioner Glass moved, seconded by Commissioner Saunders and
ca~ried unanimously, that the public hearing be closed.
Commissioner Saunders moved, seconded by Commissioner Glass and
carried unanimously, that Petition CP-85-2C, Orange Tree Development
be forwarded to the state and Region for their review and then brought
back to the Board of County Commissioners.
Item f6Cl
PETITION SNR-86-CC, STREET NAME CHAN~E OF SANDY LANE - CONTINUED FOR
TWO WEEKS
Legal notice having been publisheà in the Naples Daily News on
November 16, 1986, as evidenced by Affidavit of Publication filed with
~ 09YWt46,9
Page 8
""",.,''"",...-.....,..,"....."...._~,,-"
---.--,-..-
"',-'''''".~-_...-,..,'"''"."..",..~....
.
~aaK 099 mE 470
December 2, 1986
the Clerk, public hearing was opened to consider Petition SNR-86-8C,
filed by Supervisor of Elections requesting stre~t name change from
Sandy Lane to Sitara Lane which runs east and west intersecting with
Greenway Road located in Section l2, Township 51, Range 26.
. .
Planner McDaniel stated that there are two streets named Sandy
.
Lane with overlapping numbers, adding that one is off Greenway Road
and one is off Polly Avenue. He stated that there are fewer ~esidents
on Sandy Lane off Greenway Road and therefore, he is requestinç that
this name be changed. He noted that ð letter was sent to ~ll property
owners asking for a suggestion for a new name and Sitara L~ne was the
one response that they re~eived. He noted that since the recommen-
dation was submitted, there have been letters of objection tcce~ved
from some of the property owners.
..... Recess: 9:45 A.M. - Reconvened: 9:55 A.M. .....
I~rs. Sandra Yacknow of Sandy Lane stated that most of the resi-
d~~ts would prefer Sandra Way instead of Sitara Lane. She presented a
pc~ition signed by four of the five residents on the street indicating
that they would prefer Sandra Way.
In answer to Commissioner Saunders, Mrs. Yacknow stated that the
lIame Sitara is the name of a little girl that lives on the street
part-time.
Commissioner Saunders questioned if there would be any objection
if the street was name something other than Sitara or Sandra, pre-
ferably a name that is not a person that lives on the street, to which
P!lge 9
"...··~·~,..,',...,._,,,..._,'.."~,.4~__...·.. ".~_"_.____~_"'''''__.,.,,~,..____..
December 2, 1986
Mrs. Yacknow stated that they would have no objection as long as the
name does not have to be changed again as it has been changed four
times since she has lived there which has been five years.
Supervisor o~ Elections Morgan stated that the name is being
recommended for change due to the problems that the Fire Dep~rtment or
the EMS could have if people did not indicate the general location of
the street. She stated that there is also a problem with issuin~ the
wrong polling precincts.
Commissioner Saunders stated that the staff and Mrs. ~acknow could
get together and come up with a name and bring it back to th~ Board.
Commissioner Saunders moved, seconded by Commissioner Glass and
r.arried unanimously, that Petition SNR-86-8C be continued for two
we,~ks .
Ita !'. f6C2
CFDINANCE 86-78 CREATING THE COLLIER COUNTY PLANNING COMMISSION
Ç~TIZENS ADVISORY COMMITTEE - ADOPTED
Legal notice having been published in the Naples Daily News on
November 12 and November 16, 1986, a~ evidenced by Affidavit of
Publication filed with the Clerk, pl'blic hearing was opened to con-
sider an ordinance creating the Coilier County Planning Commission
Citizens Advisory Committee for the purpose of providing public par-
ticipation in the µreparation of the Comprehensive Plan.
Growth Management Coordinator Fitzpatr~ck stated that the duties of
this board will be to act as an adv~~ory board to t~ Collier County
Pl!Ige 10
800'; 099 PA~[ 471
,"~,.;"._...,.-"..-.---..." ._--.
~
'11!!~
09'9 PAct 4:72
December 2, 1986
Planning Commission, adding that it is not a requirement of the growth
management legislation, but the criteria rule encourages publi~ par-
ticipation to the fullest extent possible. She noted tha~ this advi-
sory committee wouï,d consist of 21 ~~mbers, including one from each
district and others from busihesses, developments, civic groupø and
members-at-large. She noted that this committee will alleviate the
possibility of delays as Staff is on a tight schedule. She stated
that she is requesting approval to es1ablish this committee.
Commissioner Goodnight moved, seconded by Commissioner Saunders
and carried unanimously, that the public hearing be closed.
Commissioner Goodnight moved, seconded by commissioner Glass and
oarried unanimously, that the Ordinance as numbered and entitled below
b~ adopted and entered into ordinance Book No. 25:
ORDINANCE 86-78
AN ORDINANCE ESTABLISHING THE COLLIER COUNTY PLANNING
COMMISSION CITIZENS ADVISORY COMMITTEE FOR THE PURPOSE OF
PROVIDING PUBLIC PARTICIPATION IN THE PREPARATION OF THE
COMPREHENSIVE PLAN; PROVIDING FOR THE CREATION AND
JURISDICTION OF THE CITIZENS ADVISORY COMMITTEE; PROVIDING
FOR COMPOSITION; PROVIDING FOR APPOINTMENT OF MEMBERS;
PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR REMOVAL FROM
OFFICE AND FAILURE TO ATTEND MEE'.i:'INGS; PROVIDING FOR ELECTION
OF OFFICERS; PROVIDING FOR QUOR'JM AND REIMBURSEMENT OF
EXPENSES; PROVIDING FOR LOCATIOÑ OF MEETINGS; PROVIDING FOR
FUNCTIONS, POWEHS AND DUTIES OF THE CITIZENS ADVISORY
COMMITTEE; PROVIDING FOR CONFLICT AND SEVERABILITY AND
PROVIDING AN EFFECTIVE DATE.
Item f9Al
STAFF TO ESTABLISH PUBLIC WORKSHOP PROCESS USING CCPC TO DETERMINE
POSSIBLE ALTERNATIVES RE WATER MANAGEMENT AND TRAFFIC FLOW AND RETURN
TO BCC WITH REPORT
Page 11
___""'....__. .~",<6"_,""..........~,_...'..., .. ,_,.., "~'~'_"""""..,,,,,,__,,""...,,.,,.,..._,,,,
December 2, 1986
MPO Director Perry stated that the objective of this item is to
present a study of the Davis Boulevard Corridor prepared by the
Planning Department/MPO staff that describes the potential traffic
impacts of those developments already approved and those developments
to be considered by the Board in the future. He stated that staff is
seeking direction from the Board concerning the Department's review
and recommendation of projects significantly affecting the State
Highway system. He noted that as a result of an increase in develop-
ment activity along the Davis Boulevard Corridor, a study was done
that describes the potential traffic impact of approved, planned and
future development projects through the years 1990 and 1995. He noted
t~at there ar¿ numerous projects that are impacting or will impact
Davoir. Blvd. and also the extension of Santa Barbara Blvd. will affect
t~l~ corridor. He indicated that I-75 will also enhance travel from
the East Coast to the West Coast by t~e use of Davis Blvd. He noted
that the purpose of the study was to determine and quantify the future
capacity problems in order to convince the FDOT that it is vitally
important to begin the programming 0f improvements to this roadway and
to document the aggregate impacts of the various projects already
approved as well as those still under consideration. He noted that
approved and planned projects within the corridor will have the poten-
tial to significantly impact the level of service of Davis Boulevard
between Airport Road and CR 95l, adding that the effects of these pro-
jects will gradually degrade the leyel of service te-the point that
Page 12
ðOO( 099;m 473'
--'-"'~~~«"-""'",,~., >.".,,"',....~,.,.-.._"""'--..
"'~",._,,-_..-,.,-"'..._-""""'"'.,,"'","'_.~""<.._>,~,
·
aoo~ 099 PAr.l4 74
December 2, 1986
several segments of the roadway could be vperating at level of aervice
"F" if no improvements are made. He stated that"this is a State road,
but the State has no funds available for improvements at this time,
except for the segment between Sante-Barbara Blvd. Ext. and County
Barn Road, which is approxima~ely one mile, which was a commitment of
a DRI approval. He stated that by 1990 there is an engineering propo-
sal for improvements to Davis Blvd. but construction would not begin
for five years after that, which would have a big effect on that road-
-
way, adding that the State is not keeping up with the growth. He
noted that this leads to the issue of mitigation which is routinely
addr~3sed in cases of large scale developments such as DRI's, where a
dev~loper is required to mitigate his impact on all regional r~~dways.
He stated that in order to maintain consistency across all sizes of
developments several options have been discussed, including measures
that would augment the State DOT's road improvement programs with
local funds.
Commissioner Hasse stated that in order to keep pace with the
growth of the road system, building permits could be restricted until
adequate services are provided.
Mr. Perry stated that services or improvements to the road system
should be provided prior to the time of the impact.
Commissioner Glass stated that this problem has a drastic affect
on a lot of people and he would like to see a workshop on this issue
in order to obtain public input and see what alternatives could be
Page 13
--~"",-~.,-"-._ "-"·-~_"M"~·_"--·_'K__~_'···_"'_.·"""····"""",,o.,;""'"''''
December 2, 1986
reached.
Commissioner Pistor stated that Davis Blvd. is becoming a big
problem and will be a bigger problem if all the zoning changes that
are forth coming are approved. He reported that there are also big
drainage problems in the area. He stated that the County has contri-
buted in various ways to the State roads and he cannot see helping the
State any further.
Commissioner Saunders stated that he agrees that there is a
prcb!~m with Davis Blvd., adding that he has a problem with providing
County money for State roads but, at the same time, the people that
live off that State road are County residents and should not have to
wait until 1995 to get relief. He stated that this problem nel.Js to
be addressed and he questioned if the road lmpact money could be used
for an improvement to Davis Blvd, to which Mr. Perry stated that this
has been a policy decision previously.
Commissioner Saunders questioned if the County made the improve-
ments would the State consider reimbursement at a later date, to which
Mr. Perry indicated that the State only funds within the first two
years of their five year program, and they cannot obligate money five
years from now for 30mething that is done now.
Commissioner Saunders questioned if there would be enough money
co~lected in impact fees to do the work that is necessary to Davis
Blvd., to which Mr. Perry indicated that if the necessary work was
done, it would have to come from another project like the six-laning
Page 14
&DOK
099 PAr,t 475
..
_._---_.,,-,~.""'...._'" "'''''~=...._"......._""",,-;"-...........
..
09'9 me 476
December 2, 1986
of Airport Road, which would then be delayed and.everything would have
to be reshuffled.
Commissioner H~e indicated t~at he feels that growth should pay
for growth.
Commissioner Goodnight stated that the City of Naples, Pinellas
and Pasco Counties should be contacted to see what type of joint ven-
turu they have with the State. She stated that the Legislature is
also going to give the County more options on the gas tax and ways to
help pay for infrastructure.
Assistant County Manager Dorrill stated that if there is to be a
workshop held on this matter, it should also include the District 6
stormwater management report as well as the cost of this.
Mr. George Keller stated that there is a definite need to widen
Davis Blvd. as well as Radio Road an~ Hith the developments that have
already been approved along Santa Barbara Blvd., there is going to bp.
more of a problem, adding that these developments should not have been
approved until the infrastructures were in place. He stated that 1-75
is the gateway to Alligator Alley an~ in the future, the State will
turn Davis Blvd. over to the County to improve and maintain. He
st~ted that the developers would be obligated to pay for the facili-
ties that are needed.
Mrs. Charlotte Westman stated that the growth is already here and
needs to be handled now. She stated that level of service "C" is what
the County should accept as the bottom line of any road service. She
Page 15
....",._..""""~"-'=_...".....,..~,...~.....",..._.._....._'""',",.,_."""""'- ....,
...... ...-,--___..."..,_".~~.,._"... ,__,_,··<,·,"',...·_·._"'~,_~~...,~__._.._.._,_,"__,h_
December 2, 1986
stated that she feels that a workshop is necessary.
Commissioner Glass moved, seconded by Commissioner Saunders and
carried unanimously, that Staff be directed to establish a public
workshop process utilizing the Collier County Planning Commission as
the focusing body to determine all the possible alternatives including
water management and traffic flow an~ analysis as required, including
in the workshops, all persons or entltius affected by the potential
pr(,blem and then report to the Board of County Commissioners in
writ~en and verbal form the findings anð recommendations developed
tr~m these public workshops.
I!;am UA2
YETITION MP-86-7C, EUGENE C. HARRY, REQU£STING 5' REDUCTION FROM REAR
'rARD SETBACK FOR ACCESSOitY STRUCTURES 0';' 20' TO 15' FOR PROPERTY 011
EAST SIDE OF FORES~ LAKES BLVD. - APPROVED SUBJECT TO STIPULATlONS
Planner Weeks stated that this property is located in Forest Lakes
Homes PUD on the east side of Forest Lakes Bl~d, 750 feet south of
Pine Ridge Road and the petitioner is requesting a rear yard setback
reduction for the completion of a partially constructed swimming pool.
He noted that all adjacent lots are zoned PUD and permit cne single-
family dwelling unit per lot and to the rear of the residence is a
golf course. He stated that in t~: :Jpring of this year, the peti-
tioner obtained the necessary building permit and began construction,
but as a result of a zoning complaint it was determined that the peti-
ti>ner's pool was l5 feet from the rear property line instead of the
required 20 feet. He indicated that the proposed setback reduction
r'~~('
f~
~:>'~ {,
. Page 16
800K
099 PAGt 477
.'-.........=-_.._-<-"-~._~""....,,." ,
~DD~ 099 PAGt 4.78
"
December 2, 1986
will not have a detrimental effect upon adjacent properties, but will
be abutting the drainage easement and, therefore, if approved, Staff
is recommending certain stipulations to this petition. He said that
the new building code, which includes a requirement for location sur-
veys during the early phase of construction, will prevent this type of
- ..
situ~tion from occurring again. He noted that two "Letters of No
Objection" have been received and the CCPC recommended approval of
this petition subject to stipulations as outlined in the Executive
Summary dated December 2, 1986, and therefore, Staff is recommending
approval subject to the stipulations.~
Commissioner Pistor stated that the more setback variances this
Commission approves, the more requests there will be. He noted that
this pool is not finished and it would not be that difficult to move
forms five feet. He stated that the Commission needs to start denying
these petitions.
Commissioner Saunders stated that he agrees that this is a bad
policy and he also feels that the petitioner created his own hardship,
but because of the unique circumstances as this is a PUD, he would
support approval of this petiti~n, adding that as a general rule he
w~uld otject to granting variances unless there is truly a hardship
from the standpoint of zoning.
Commissioner Glass questioned how many times this swimming pool
was inspected before this was caught, to which Planner Weeks stated
that when inspections are made, the setbacks are not inspected or
Page 17
_.....;~..,,.,"'.~"'.".."'.~......~,......_"'.>.,.,,.~".......--_.<--~-""".",,"-
December 2, 1986
checked.
Planner Weeks stated that when the plans were submitted, they had
the correct setbacks on them, but the pool was built at the wrong set-
backs.
Mr. Eugene Harry, Petitioner, stated that this was a mistake,
"ddj"g that the original's~rvey shows lines that were erased and
re':k'ne and also shows an additional strip of property as part of the
lot. He noted that the construction is 20 feet from the edge of the
property line and the drainage easement is shown within the peti-
tí.oner's proporty, which is fivQ foet wido. lie stated that tho .wale
is actually not on the property, adding that the property line falls
in the center of the drainage easement.
Commissioner Pistor movud that Petition MP-86-7C, Eugene Harry, be
denied. Motion died for lack of second.
Commissioner Glass questioned how much work has been done on the
pool, to which Mr. Harry stated that the rock has been removed and the
forms and steel are in the ground and he would be concerned that if
the hole was moved at this point, it may undermine the house.
Commissioner Saunders moved, seconded by Commissioner Goodnight
and carried (4/1, Commissioner Pi~~or opposed), that Petition
MP-86-7C, Eugene C. Harry requesting a 5 foot reduction from the rear
yrrd setback be approved subject to the following stipulationsz
a. Most swimming pools are constructed with a deck surrounding th~
entire pool, construction of a deok would encroach upon the
drainage easoment. No encroachment shall be allowed in the
drainage easement.
. paq. 18
DOCK 099pAG(·47.9
_ .._""'·."'"_"'..·.""'.·ø...,......._
-_.__.<._-----
-----...-..>,-_......".....,............,.,." --
Deoember 2, 1986
b. Forest Lakes Homes (Subdivision) has a drainage problem near
the entrance to pine Ridge Road. This drainage problem is due
in part by the elevation of the swale which runs through the
drainage easement located to the rear of-this lot. Correction
of the drainage problem (which was not caused by this
homeowner) may require lowering of the swale behind this house
thereby, possibly exposing a portion of the wall of the
swimming pôð1. The proper~owner shall be advised that
reconstruotion of the drainage swale may require exposing a
portion of the proposed wall of the swimming pool.
c. Since tho drainage swale behind this lot may require
regrading, no additional fill may be plaoed in the easement.
Item UBI
RESOLUTION 86-230 AWARDING A CERTIFICATE OP PUBLIC CONVENIENCE AND
1'7ECESSITY FOR "VEHICLE FOR HIRE" TO SUNSHINE STATE SHUTTLE, INC. _
!lDOPTED
Public Works A~ministrator Archibald stated that this is to con-
sider an application by Sunshine State Shuttle, Inc. to operate vans
for hire in Collier County. He stated that the permit application has
been reviewed by the PVAC anù both Staff and the PVAC recommend appro-
val based on the application meeting all required criterin and the
firm being grandfathered in as it was in operation prior to the
Ordinance being passed.
Commissioner Goodnight moved, seoonded by Commissioner Glass and
carried unanimously, that Resolution 86-230 awarding a Certifioate of
Publio Convenience and Necessity for "Vehiole for Hire" to Sunshine
St~te Shuttle, Inc. be adopted.
;,..
.. ;-,¡\~. ".., \ '.,j. ~:',r ~
Page 19
........_',-_._..~."'..__.,',..Q'-"".-..,.~, ....,~""._,-'''''''~"''"..,'''",.,-'''''*-~..,""',''"'
----'--""""'_...-.~-""..._~,.-
December 2, 1986
Item f9B2
B , B INSULATION TO COMPLETE WORR INSULATING AIR CONDITIONING PIPING
IN THE LAW LIBRARY - APPROVED IN THE AMOUNT OP $2,805.00
Facilities Management Director Camp statod that the air con-
ditioning pipes in the Law Library need to be reinsulated in order to
p~event further damage to the ceiling tiles and humidity problems. He
not~d that two quotes were received and in order to maintain construc-
tion £chedules, he is recommending that the normal bid process be
waived and that B & B Insulation be authorized to complete the work in
tl~e amount of $2,805.00 by using funds that are available within the
Building Maintenance Section.
Commissioner Goodnight moved, seoonded by Commissioner GIaaD and
carrie~ unanimousl~, that B , B Insulation be authorized to oomplete
the work insulating air conditioning piping in the law library in the
amount of $2,805.00.
Item f9B3
EXCAVATION PERMIT NO. 59.273, BERRSHIRE LARES PARCEL D-l, SECTION 33,
TOWNSHIP 49 SOUTH, RANGE 26 EAST ON THE EAST SIDE OP SANTA BARBARA
BOULEVARD - APPROVED WITH STIPULATIONS
Public Works Administrator Archibald stated that this excavation
permit is for Berkshire Lakes Parcel D-l, adding that the developer
plans on moving forward with the initial stage of development of
Parcel "D" which includes excavation of 2 lakes which totals 3.1
a~res. He noted that the conditions for approval are outlined in the
Executive Summary and Staff recomme~òs approval sub1ect to those con-
Page 20
&ODK 09"9 p/.c,[ 483
-"""_......_~-_. ...."."..,,-"'_.,"',.....,.,.._,-~"'.....-._...-"'..<-""
"'.;"'--"--.,..~,.","-,..,,.,........,.,"",.,,"'",.
·
099 PACt 484
December 2, 1986
ditions and the inclusion that there be no material removed from the
site.
In answer to Commissioner Pistor, Mr. Tom Peek of Wilson, Miller,
BaI'lcn, SoU & peek-r Inc., stated t-h!lt the water drains into the
Golden Gate Canal, adding tha~ everything north of Radio Road goes
into the Golden Gate outfall basin and everything to the south of
R~dio Road is in the Water Management District 6 basin.
Commissioner Pistor questioned if this would improve the d~ainage
condition in that area, to which Mr. Peek stated that this project
will hav~ no effec~ on the District 6 area, adding that these lakes
't,ü
are bafng put in for retention purposes and is all part of the
Berkshire Lakes project.
Commissioner Hasse questioned if this project is going to impact
the drainage in the entire area, to which Mr. Peek replied negatively,
adding that Berkshire Lakes went through the full DRI process and was
approved by SFWMD. He stated that Countryside is being developed and
constructed and has been permitted by SFWMD and Staff, adding that the
irpacts hav~ been reduced because SFWMD put a restriction on the
discharg~.
Commissioner Glass moved, seconded by Commissioner Saunders and
carried unanimously, that Excavation Permit No. 59.273, Berkshire
Lakes Parcel D-1, on the East side of Santa Barbara Blvd. be recom-
mended for approval subject to the following stipulationsz
1. The excavations shall be limited to a bottom elevation of -2.7
ft. ngvd. for Lake '1, and -1.4 ft. nqvd. for Lake '2. All
disturbed areas proposed for lake excavation shall be exca-
vated to a minimum elevation of -0.5 ft. nqvd.
Page 21
.-."',"',.."'...-..""'.--........"...... ,.·..H'.h~·'","_,;_,_'"...."'__,_,,=·,~'_'.<.·",,·.,_.,,""'_,w,'"'~~,..____.... I ....
---
..-,---
December 2, 1986
2. No excavated material shall be removed from the project site.
3. Where groundwater is proposed to be pumped during the exca-
vating operation, a Dewatering Permit shall be obtained from
the South Florida Water Management District and a copy pro-
vided to the Water Management Director for his approval prior
to the commencement of any dewatering activity on the site.
4. Where the minimum clearance between lake top-of-bank and
building foundation is lcss than 30 feet, no Building
Construction Permits will be issued for any proposed construc-
tion around the perimeter of any lake unless and until all
lake side slopes adjacent to the proposed construction have
been completed and approved by the Collier County Water
Management Department.
~. Excavation Permit No. 59.273 will be issued only after receipt
of an approved modification to S.F.W.M.D. Surface Water Permit
No. 11-90012-S for Berkshire Lakes P.U.D.
Items '9B4 and '9B5
FINAL PLAT APPROVAL OF COUNTRYSIDE AT BERKSHIRE LAKES, SECTION THREE
AND SECTION ONE - APPROVED SUBJECT TO STIPULATION
Public Works'Administrator Archibald stated that this is to
approve the final plat for on-site improvements and at some future
point, when the site development has progressed, a portion of the plat
Clm be recorded.
Commissioner Glass moved, seconded by Commissioner Saunders and
carried unanimously, that the final plat approval of Countryside at
Berkshire Lakes, Section Three and-seotion One be approved sUbjeot to
the following stipulation:
1. ~he Final Plat not be recorded until the required improvements
have been constructed and aocepted or until approved security
is received.
Page 22
aOOK 099 PA':¡ 485
......,,~. -'.',."',.......",~",,~ "",, '"'.~"~
.""--""'"----~._._"._---,-~.""...............-...--_._-",.,",.',"
lOOK 09'9 pm: 486
December 2, 1986
Item f9C1
CHANGE ORDER FOR $5,035 ?OR INSTALLATION OF A SPRINKLER SYSTEM FOR THB
EXISTING SOFTBALL FIELD AT IMMOKALEE COMMUNITY PARK AND TRANSFER
$17,500 FROM PARKS AND RECREATION CIP TO IMMOKALEE PARK TO COVER COSTS
9F RENOVATIONS OF THE SOFTBALL FIELD - APPROVED
Public Services Administrator O'Donnell stated that this item is
to transfer $l7,50b--from Parks and "Recreation CIP to Immokalee Park to
cover the renovations of the softball field and also for a Change
Order in the amount of $5,035 for the installation of a sprinkler
sj~tem to be installed by Sunnygrove Landscaping.
Commissioner Gooðnight moveð, .e~onðeð by commissioner 8a~nders
and oarrieð unanimously, that the Change Orðer for $5,035 for
installation of a sprinkler system for the existing softball field at
Immokalee community Park and transfer $17,500 from Parks' Reoreation
CIP to Immokalee Park to cover oosts of renovations of the softball
fielð be approved.
. ,
01' . ',',.",
Page 23
-~.,-,~.-...-..""""""...,.~..,._........~,----".._._";...."""...,,,.,._.._...,..,......,.,""
,_,___,~·,·.,~".._·..e...''''..'"·,·_"
aODK 099 mt 488
December 2, 1986
Item f9Dl
ADDITIONAL FUNDS FOR TIlE IMPERIAL GOLF COURSE EFFLUENT SPRAY
IRRIGATION PROJECT NOT TO EXCEED $28,000 - APPROVED
Utilities Administrator Crandall stated that this is a request for
adc.1i. tional funds f~ the Imper ial C.o¡f Course Effluent Spray
IrriJation project to PRC Engineering. He noted that two lakes were
excdvated and lined, adding that one lake is completed but the second
lake haz not been complcted as they ran into a natural spring which
cr:I,ated problems for the contractor. He stated that additiom,~ over-
time is involved and there may be somë reimbursement for liquidated
damages but presently additional fill is needed over the liner and he
is requesting additional funds not to exceed $28,000.
Commissioner Glass stated that a water sample should be drawn to
be sure that there will be no saltwater intrusion as that would
change the characteristics of the entire area.
Commissioner Saunders stated that in any construction, there may
be unforeseen things that happen that the contractor is at risk in
dealing with, adding that if there was something unusual about this,
he should have found out prior to this time.
Mr. Crandall stated that this is an unusual situation and the
contractor allowed for field conditions, adding that he spoke with
Assistant County Attorney Anderson about this and he is aware of all
the facts.
Commissioner Saunders stated that if there is a situation
Page 24
M"""""''''''_'''''''''''''_'''~'~_''.'''''''__"'-''--''
r ... ....__'1"
December 2, 1986
involving a contract, it would be helpful if the Executive Summary
indicated that it had been reviewed by the County Attorney's office.
Commissioner Goodnight moved, seoonded by Commissioner Pistor and
carried unanimously, that the additional funds for the Imperial Golf
Course Effluent Spray Irriqation Projeot be approved not to exoeed
$28,1100.
IteJ.I\ 19E1
CL~R~ LII POSITION IN THE PERSONNEL DEPARTMENT - APPROVED
Administrative Services Administrator Ochs stated that this is to
~stablish a Clerk III position, adding that this position would pro-
vide the clerical assistance necessary to enable the Personnel
Department to deliver essential services to both the County work force
and the general public. He stated that the cost for the remainder of
the fiscal year would be $10,422 in salary and benefits which is
available in the budget.
Commissioner Goodniqht moved, seconded by Commissioner Pistor and
carried unanimously, that the Clerk III position in the Personnel
Department be appr~ved.
Item UPl
STAFF DIRECTED TO PREPARE THE GRANT APPLICATION FOR THE LOCAL
GOVERNMENT COMPREHENSIVE PLANNING ASSISTANCE PROGRAM FUND AND TRANSMIT
SAID APPLICATION TO DCA FOR APPROVAL
Growth Management Coordinator Fitzpatrick stated that this is to
obtain Board approval to prepare an applic~tion for program funds and
to transmit same to DCA for approval: She stated that the 1986
-
aDDK
099 PA~t 489
Page 2S
........~,_._".~.""'.._.
--,
_·_.......~____""'m_...""_···"·__
~"
~.}; am Og'gpm'490
;1,
December 2, 1986
L~gislature ðllocated $8.8 million to help out counties ðnd Collier
County's share will be $62,657 which includes the unincorporated area
population and can be used for local government in preparing the
required comprehen~ve plan revisi~n~. She noted that Staff recom-
mends that Growth Management stðff time associated with the develop-
.
ment cf Phðse II ðnd III of the Cðpital Improvement Element and
development of the Housing Element be applied toward this grant. She
s·'~"·_ed that there tire no mðtching funds required and no fiscal. impact.
Commissioner Pistor moved, secon~d by Commissioner Goodnight and
oarried unanimously, that Staff be direoted to prepare the grant
applioation for th~ local government comprehensive planning assistance
program funds and transmit the application to the DCA for approval.
Page 26
...'...."""."'......-......--..,-;-...,.."....,..,.,.,....""
--_.--.~"".,'-
·
aDDK 099 PACt 496
December 2, 1986
Item UF2
COl~íTY MANAGER AUTHORIZED TO TAKE TWO DAYS ANNUAL LEAVE AND TWO DAYS
CASH PRIOR TO DECEMBER 31, 1985
County Manager-Lµsk stated tha~ þe has been awarded the sick leave
incentive pay and time and is, now at his maximum for annual leave. He
stnted that he would like to take two days in cash and two days in
annual leave so that he does not lOBe the time.
commissioner Glass moved, seconded by Commissioner saunders and
oarried unanimously, that the County ~anaqer be authoriøed to take two
days annual leave and two days cash prior to December 31, 1986.
Item 'lIA
ROUTINE BILLS - APPROVED FOR PAYMENT
Pursuant to Resolution 81-150, the following checks were issued
through Friday, November 28, 1986, in payment of routine bills:
CHECK DESCRIPTION
CHECK NOS.
151598 - l519ll
038077 - 038735
AMOUNT
$846,233.00
$308,347.77
Vendors
BCC Payroll
Item 'lID
BUDGET AMENDMENTS 87-50/52 - ADOPTED
Commissioner Pistor moved, seconded by Commissioner Goodniqht and
carried unanimously, that Budget Amendments 87-50/52 be adopted.
Item niB
GULF BREEZE POOL SPONSOR FOR THE LOAN OF $1,800,000 FOR SOLID WASTE
LINER - APPROVED
Finance Director Yonkosky stated that this item is in reference to
the financing of the $1,800,000 for the Solid Waste Liner which was
Page 27
.....,."'~_..;",...'''-,.......~~,~."., ..."._"'''''".;....,,,.~._.'.......''''-,._....,,.,.,,..._,-'''~,..~..~......-----...-
"-'-''''-"'"'''''-''--'''''''~''--''''''''>=>'''''''~''
December 2, 1986
approved to negotiate with the North Carolina National Bank, adding
that since that approval the bank interest increased and therefore, he
~tarted looking for other alternatives that were available. He noted
thct Gulf Breeze Pool is an excellent alternative, adding that they
are prepared to loan this money to Collier County for 4.65% interest.
He nc~ed that if the application is not approved, there is no risk
involved for the County. He noted that by using this type of alter-
native financing, there would be a F.ðvings to the County over the life
of tne loan of $167,000.
Commissioner Goodnight moved, seoonded by Commissioner Glass and
oarried unanimously, that the Board authorize negotiation with the
Gult Breeze Pool s~onsor for the loan of the $1,800,000 tor the solid
waste liner and approval of the loan of funds from the General Fund to
the Solid Waste Fund on as as-needed basis.
Item f12A
CHAIRMAN TO TRAVEL TO TALLAHASSEE ON DECEMBER 8, 1985, REGARDING THE
UTILITY GRAN'i'
Commissioner Glass moved, seoonded by Commissioner Saunders and
oarried unanimously, that the Chairman travel to Tallahassee on
Deoember 8, 1986, regarding the utility Grant.
Item f12C
MARY M. DAWLEY APPOINTED AND CHARLES REYNOLDS REAPPOINTED TO THE
OCHOPEE FIRE CONTROL DISTRICT ADVISORY COMMITTEE
Commissioner pistor moved, seconded bY,commissioner Goodnight and
carried unanimously, that Mr. Charles Reynolds be reappointed as the
aOOK 099 PACE 497
: Page 28
-~",-".~._.",~~<.~--.---"......,
aOOK 099 PACt 49B
.
December 2, 1986
City of Everglades representative and that Mrs. Mary M. Dawley be
appointed to the Ochopee Fire Control District Advisory Committee.
...
The following items were approved and/or adopted under the
Con~ent Agenda upon motion made by Commissioner Goodnight, .econded by
CO~QiDsioner Saund~ and carried unanimou8lyz
Itf.m '14Cl
FUNDING FOR $2,400 ANNUAL RENT FOR L~ASB OF BUILDING FOR VETBRANS
~~£J': PEPARTMENT
I"f 111 '1401
ADJUSTMENT TO GOODLAND WATER DISTRICT..SPECIAL ASSESSMENT '803728 IN
AMOUNT OF $20,224.78 (GOODLAND, INC.)
Item 114D2
ACCEPTANCE OF WATER AND SEWAGE TRANSMISSION FACILITIES FOR BEACHWALR
PHASE I WITH STIPULATIONS
1. All legal documents are found to be legally sufficient by the
County Attorney.
2. All manholes within unpaved areas of Phase I shall be rein-
spected upon completion of paving activities, with all defi-
ciencies corrected to the satisfaction of the Utilities
Division.
Recorded in O.R. Book ~ Pages 521-546
Item 114D3
CARRY-FORWARD BUDGET AMENDMENT ALLOWING PAYMENT FOR UTILITIES COMPUTER
HARDWARE
Item 114Fl
PROVISION OF OFFICE SPACE FOR STATB SENATOR FRED DUDLEY AT COURTHOUSB
- NOT TO EXCEED $3,000
Item 114G1
CERTIFICATES OF CORRECTION TO THE TAX ROLLS
1985
~
~
Page,.29
. ',;
I;
-
-
..
,., ."'~W___"_____.-...
-----.-...
-
-
-
222
1986-99/l09
55/74
December 2, 1986.
11/18/86
11/18-11/24/86
11/10-11/21/86
1986 Tangible Personal Property
1986
It.ft U4G2
DUPLICATE TAX S~LE CERTIFICATE NO. 5S98 TO HEINRICH O. B. SCHMID
See Page ~O /
Item tUG
!!!!£~I.LANEOUS CORRESPONDENCE FILED AND/OR REFERRED
,;There being no objection, the following correspondence was filed
, -
a~~/or referred as indicated below:
,-
\^'''~::1;. Letter dated 11/3/86 from Tom Lewis, Jr., AIA, Architect,
.~~ Dept. of Cummunity Affairs, advising that the Federal Emer-
gency Management Agency has revised the National Flood
Insurance Program regulations, effective lO/01/86, and en-
~" closing a model flood management ordinance prepared by FEMA.
Referred to Neil Dorrill (letter), David Pet trow, Tom
McDaniel and filed.
2. Letter dated 1l/19/96 from Douglas L. Fry"Environmental'
Supervisor, DER, enclosing a short form application (File
No. l11271685 and ll127282, which involves dredge,and fill
activities. Referred to Neil Dorrill, Dr. Proffitt and
filed. '
3. Letter dated 1l/l8/86 from Randall L. Armstrong, Chief, Bureau
of Permitting, DER, re File No. 111170879, Collier County's
~equest for a permit to construct a recreational park near
Naples Bay, and advising that the site was not within the
jurisdiction of DER. Referred to Neil Dorrill, Kevin
O'Donnell, Cliff Crawford !nd filed.
4. Memorandum dated 11/12/86 to All Interested Parties, from
B. J. White, Assistant Chief, Bureau of Park Planning and
Design, DNR, regarding meeting on State Recreation and Parks
Land Acquisition Frogram and enclosing copy of public notice
for the meeting. Referred to Neil Dorrill, Kevin O'Donnell
and filed.
5. Memorandum dated 10/31/86 from James Cato, Director, Florida
Sea Grant COllege, regarding"Coastal Waterfront Growth
Page 30
eOOK 099 pm 499
.
"
¡...::'
f;
'$!);'
,~
';(':''Ì
~~'. 09'9 rm500
f:': '001(
¡,;{;'
,~}"f '
.{ :,.~:
.
December 2, 1986
Management and enclosing "Waterfront Dependence in Florida:
Issues Papers Concerning Tomorrow's Coastline". Referred to
Neil Dorrill, Jane Fitzpatrick and filed.
6. Minutes from the City of Naples meetings of lO/08/86,
10/14/86, lQ/1S/86, 10/22/8ß~ Filed.
7. Letter dated ll/l4/86 from Robert L. Patton, Controller,
Collier County Tax Collector's office, attaching a distri-
bution recap showing year to date totals for 1984/85,
1985/86, and 1986/87. Referred to Lori Zalka and filed.
...
There being no further business fpr the Good of the County, the
meeting was adjourned at ll:3S A.M. by Order of the Chair.
BOARD OF COUNTY COMMISSIONERS/
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS
CONTROL
ATTES~c.."",..t I' ""f
JAM~' .~~d3A.~···C :.ERK
.:.....~#¡. ..I.:~J·:'_~l.~.' -... ~-:. ",
,: ..~._~' '''''...,.. -.,
4J ~. ';;':,: ... :;~'..J'.'." ~~. .
:::: I· .-,. ..,.~..., c. .
.;. ·'~~7" f :"'~
: .: ~ . {.; . \ .'".:j .: .
. ~ ........ ..,# ~h}':~': <'"
\ ";I;h.e'S~.'lMll1b't~á ðpproved by the Board on
as "~;~~'~~~~~:::;~ or as corrected
'filii""' .
..LÎ .12<;.. ,l. ~ " ? P' ~
t j ;. ¡'
,'. .i
, j : ~ ' i. ¡ ;
J: : d'"
Page 31
-
..
..
_"".",~.·--",,,.,,,,"...·o_.__, ,_., ",_.,~."",...__._~__
-~-","""",_...._,.~