BCC Minutes 04/08/1986 R
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Napl.., Florida, April 8, 1986
LET IT BE REMEMBERED, that the Board of County Commi~ioners in
and for the County of Collier, and also acting as the Board of
Zoning Appeals end 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 RBGlJLAR Sr.:SSIOIf in
Building "F" of the Courthouse Complex, East Naples, Florida, with
the following members present:
CHAIRMAN : John A. Pistor
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VICE-CHAIRMAN: Anne Goodnight
Frederick J. Voss
Max A. Hasse
C. C. "Red" Holland
ALSO PRESENT: William J. Reagan, Clerk: James C. Giles, Fiscal
Officer: Maureen Kenyon, Deputy Clerk: Donald B. Lusk, County
Manager: Neil Dorrill, Assistant County Manager: Pam Brangaccio,
Deputy Assistant County Manager: Tom Olliff, Administrative
Assistant to the County Manager; Ken Cuyler, County Attorney; Burt
Saunders, Attorney: Tom Kuck, Public Works Administrator: Vickie
Mullins, Community Development Administrator; Dave Pettrow,
Zoning/Planning Director; Ann McKim, Barbara Cacchione, Planners;
Tim Vanatta, Acting Public Services Administrator: Tom Crandall,
Utilities Administrator: Michael McNees, Utilities Administrative
Assistant: Nancy Israelson, Administrative Assistant to the Board;
Sue Filson, Secretary to the Board: and Deputy Chief Ray Barnett,
Sheriff's Department.
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APRIL 8, 1986
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AGJna)3l, - APPlWVBD WITH CDJrGZ8
comai..ioner Vo.. moved, .econded by commi..ioner Ba..e and
oarried unani.ou.ly, that the agenda be approved with the following
chaDge.,
.. Ite. 'C2 to be beard at 10130 A.M.
b. Ite. 128 to be beard before lunch.
o. It.. 901 to be beard on April 15, 19", inadvertently put
on wrong agenda.
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MIJrtJTB8 0., MARCH 18 7.JfD IIAJtCJI 25, 19,. REGOUJt Bee MBZTI.G - APPROVZD
commi..ioner vo.. moved, .econded by commi..ioner Ba... and
carried unani.ously, that the ainut.. of Karch 18 and March 25,
19", aegular .eetings be approv.d a. pre.ented.
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BMPLOYBB SJlRVICB AWARDS (PZ1lSOlnOIL)
Commissioner Pistor presented the following employees with ser-
vice awards:
Clyde Donaldson - Road , Bridge 10 years
Deborah Offutt - Probation (Absent) 5 years
John Oss - Bui~ing Inspection 5 years
Jay Bridenthal - EMS 5 years
Doug Cameron - EMS 5 years
Ricardo Garcia - EMS 5 years
William Griffin - EMS 5 years
~( David Kitchen - EMS 5 years
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lIT. Therese Ortengren - EMS 5 years
;,1;- Deborah Lichllter - EMS (Absent) 5 years
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',"il" Thomas Maguire - EMS 5 years
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APRIL 8, 1986
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EMS 5 years
5 years
- ENS 5 years
. 5 years
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PlWCLAKATIO. OBSIBMATIXG TKJI waBX 0., APRIL 13-19, 198', AS "AKr.:RI~
HOMB OBit" - ADOPT!:D
Commi..ioner VO.. aov.d, .econded by comai..ioner GoOdnight and
carri.d unanimou.ly, that the proclaaation d..ignating the w.ek of
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April 13-19, 198', a. "American Boa. Week" b. adopte4~
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APRIL 8, 1986
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PETITIOR R-85-27C, VIRES , 7.8SOCIATZS RJlPaBSZRTI.a MICRAr.:L O'M7.R7.
RJlQUBSTIRG A RJlZORE PROM A-2 TO PUt) ~ AS .,OX BUKK - DZKIBD
Legal notice having been published in the Naples Daily News on
January 31, 1986, as evidenced by Affidavit of Publication filed
with the Clerk, public hearing was opened to consider Petition
R-85-27C, filed by Vines & Associates representing ~ichael O'Mara,
requesting a rezone from A-2 to PUD known as Fox Bur~, for property
located on the south side of Rddio Road, just east of the Florida
Power and Light Transmission Line which forms the east boundary of
Foxfire PUD, for 144 rental apartment units on 20.88 acres in
Section 6, Township 50 South, Range 26 East as .hown on Zoning Map
50-26-3.
Planner McKim stated that lands to the north, across Radio Road
are zoned Mobile Home Rental Park as well a. lands to the east. She
reported that lands to the south are zoned A-2 and lands to the west
are zoned A-2 and PUD (Foxfire). She indicated that to the north
are mobile homes, to the east and south are undeveloped lands and to
the west are single-family and multi-family residences. She noted
that in the Staff's analysis of this project, the compatibility of
surrounding projects was considered and Staff found that the pro-
posed project provides a transition between the mobile home rental
parks and subdivisions and the single family zero lot lines of the
development of Foxfire in both density and type of residential land
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~1f} APRIL 8, 1986
use. She stated that Staff and all appropriate agencies reviewed
this petition and recommended approval subject to amendment of the
PUD document per the staff reported dated February 13, 1986. She
noted that the CCPC held their public hearing on March 20, 1986, and
recommended forwarding this petition to the Board with a recommen-
dation of denial, noting that they expressed concern over the provi-
sion on the Comprehensive Plan which permits cash payments
in-lieu-of land donation for neighborhood parks. She stated that in
this case, a payment of $6,177.60 will allow the petitioner to build
144 units as opposed to 104 units without a payment, adding that
this is due to the point system in the Comprehensive Plan. She
stated that the petitioner signed the agreement sheet at the CCPC
hearing, although the petition was denied. She stated that the
petitioner has also submitted a revised PUD document. She indicated
that at the CCPC hearing 9 people spoke in opposition to the peti-
tion expressing concerns regarding the payment-in-lieu-of park dona-
tions; the effect upon nearby property values: and the type of units
allowed. She stated that at one point, the petitioner had proposed
20' low and modera~ income housing but that proposal is not longer
a part of this petition. She stated that other objections were the
type of people these units might attract: the effect upon the water-
table in the area and the similarity of this project name with the
Foxfire PUD project name, She stated that no one spoke for the
petition at the time of the CCPC hearing, but four letters of oppo-
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APRIL 8, 1986
8ition were received and two petitions, one with 68 signatures and
one with 182 si~natures.
In answer to Commissioner Hasse, Planner Cacchione stated that
the formula for arriving at the figure of $6,000 is found in the
Comprehensive Plan and is based on the population of the particular
development. She stated that the standard requirement is two acres
of park for 1,000 people and t~e project has 144 dwelling units and
a population of 2.5 persons per household is used t~ get 360 as the
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anticipated popular for this project. She reported that the stan-
dard of two acres per 1,000 is then applied and the required park
dedication would be 3/4 of an acre to serve the needs of that par-
ticular project. She noted that a market analysis of surrounding
properties in the area was done to determine the value of the pro-
perty, adding that the figure of $17,000 per acre was what the
market analysis showed.
Mr. William Vines of Vines & Associates, representing the
Petitioner, stated that the site is small and relatively long and
narrow and is not quite 21 acres, adding that it is on the south
side of Radio Road, Foxfire lies west of it, 2 mobile home develop-
ments east of it, 3 mobile home developments and a travel trailer
park just north of it across Radio Road. He stated that density in
the general area ranges from a little less than 4 units per acre to
over 34 units per acre, noting the planned project is for a little
less than 7 units per acre. He stated that this project was started
tOlllC 0931',!;t 17 Page 6
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the middle of last year and the basic development Objective was a
multi-family residential project with an unusually large amount of
recreational amenities. He stated that the size and price of the
dwelling units planned for the project are comparable to that of the
Foxfire condominiums. He stated that when the preliminary plans
were prepared, he met with Staff and the determination was made that
in order to meet the point count for the planned density, a minimum
of 10' of the project needed to be qualified for entry level housing
and in order to do that they committed some rental units in the
lower price range than required. He stated at the time the applica-
tion was filed it met all the County standards, including the stan-
dards relating to density. He reported that while the application
was being processed, the County changed the Comprehensive Plan and
Zoning Regulations with respect to standards effective entry level
housing and it was done in a manner that caused this project to be
short of points after it had been filed. He stated that it was his
feeling and still is that when an application is filed, it should be
processed under the rules at the time that it is filed. He noted
that his client decided to accommodate the changed regulations and
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not argue over the ~sue. He reported that at this time it was
Staff recommendation that a contribution of dollars in-lieu-of land
be made fcr public recreational facilities in accordance with the
Comprehensive Plan requirements. He indicated that Staff made the
determination as to the amount of money and the money is low for two
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reasons I it is a small project and not many units and because the
Comprehensive Plan provides a credit for the internal recreational
facilities tha~ are to be built within the project. He noted that
this project has 50 much for recreational facilities in the project
that it cuts the contribution that would normally be required in
half , He stated that when the regulations were changed making the
former credit for the entry level housing no longer valid, the pro-
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ject and PUD document was cnanged to eliminate the reptal units,
adding that it is now a conventional multi-family residential pro-
ject, noting that the sites will be independently sub-divided and
the independent units will be subject to individual ownership. He
reported that the Planning Commission felt that the dollar contribu-
tion required by the Comprehensive Plan was too low and on that
basis, they suggested that a larg~r sum of money be volunteered by
the project sponsor and they further indicated that they intended to
review the formula. He noted that the project sponsor was attending
the Parks & Recreation meeting the morning that the CCPC held their
meeting and therefore, he was unable to attend the CCPC meeting.
Mr. Michael O'Mara, developer of Fox Burn, stated that when he
acquired the property in February, 1985, he originally planned a
multi-fam~ly rental development that would be involved in the
moderate incoming housing requirements, adding that at that time
under the stipulations for moderate income housing points, 20' of
the residents had to earn 80' or less of the mean county income. He
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APRIL 8, 1986
noted that this gave him the additional points to get the 144 unit
density that he requested in the initial PUD document. He stated
that there was a change in the requirements that would require 100\
of the occupancy to have the mean county income or less. He stated
that he questioned what could be done in lieu of that because the
economies of the project did no longer work at that point. He
stated that the payment-in-lieu of land dedication was brought for-
ward which he accepted in the amount $6,177.00, noting that part of
the question regarding payment-in-lieu of land dedication involves
the fact that in this development of 20.88 acres there will be two
swimming pools, two racquetball courts, two tennis courts, a jogging
trail, and two substantial bodies of ponds plus an interior
recreational facility that would have exercise equipment and meeting
rooms as well as being used as a voting area. He noted that this is
in addition to the $6,177.00. He stated that he was not able to
attend the cepe meetin~, but noted that the feeling was that the
$6,177. was inadequate to obtain the 10 additional points to earn 40
additional units. He stated that he would like to make an addi-
tional contributioD in the amount of $28,000 for the further deve-
lopment of two pavilions at the Golden Gate Park for a total
contribution of approximately $35,000 if he can receive the density
that is being requested, He Btated that this is an offer made
freely on his behalf,
Mr. Vines stated that Mr. O'Mara met with Parks & R~creation
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APRIL 8, 1986
Director Vanatta and asked what additional facilities were needed if
there was a larger budget available to him, noting that Mr. Vanatta
indicated that he would like to have two pavilions but the money is
not available in the budget to build them.
County Attorney Cuyler stated that he read the regulations and
it is optional on the developer's part and the Board's part to
accept a payment-in-lieu of dedication. He stated that the addi-
tional monies that the developer has offered to theftoard cannot be
used in the ev~luation process of whether or not thi~ rezone is
approved, adding that it has to be excluded completely from con-
sideratlon.
'lap. U
In answer to Commissioner voss, Mr. Vines stated that this is a
nice pine wooded tract of land on which there is no wetlands and the
plan involves 18 two-story multi-family dwellings arranged in a cir-
cular pattern at the north and south ends with recreational open
space located in the center as well as locating units around the
center looking out on the two lakes not yet constructed. He noted
that the better pine land will be left at grade with trees in place.
In answer to Commission~r Voss, Mr. Tom Peek, Project Engineer,
stated that all the excavated material will stay on site, adding
that the material will be used for the construction of the building
pads and the roadways.
Mrs. Charlotte Westman, representing the League of Women
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Voters, questioned the si~es and prices of the units, to which Mr.
Vines stated that there are two bedroom and three bedroom apartments
with the two bedroom being a little under 1,000 square feet and the
three bedrooms are a little over 1,200 square feet with an average
of 1,081 square feet of all the apartments. Mrs. Westman stated
that the staff report refers to a phasing plan and no phasing plan
has been provided, noting that the PUn document simply provides for
market conditions to set the pace for this project.
Mr. Vines stated that Mr. O'Mara is satisfied that from 12 to
18 months from the time he begins, this project will be accepted and
completed.
Mr. George Keller, representing the Collier County Civic
Federation, stated that the contribution should not be taken into
consideration in regards to increasing the density. He stated that.
this project looks good, with the exc~ption of digging lakes to get
fill because those lakes generate mosquitos. He noted that by
increasing the density it is going against the principle of trying
to control density.
County Attorney Cuyler questioned if the petitioner and Mr.
Vines understand th~t the requirements pursuant to the Comprehensive
Plan indicate a figure of between $6,000 ane $7,000 as payment-in-
lieu of land donation and that anything in excess of that which the
petitioner is suggesting is not going to be considered by the Board
in evaluating the project and is not required under the regulations?
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APRIL 8, 1986
Mr. Vines stated that he understands and concurs with it,
adding that the additional offer is good neighbor, good will and is
a voluntary contribution as Mr. O'Mara indicated.
commis.ioner vo.. moved, s.oond.d by commi..ioner Ba... and
carried unanimously, tbat tb. public b.aring b. clo.ed.
Commissioner Goodnight stated that she realizes the CCPC has
voted to deny this petition, but the requirements are set forth in
the Comprehensive Plan and she questioned how the Bqprd could not
approve a PUD when it meets all the requirements? .
Commissioner Pistor stated that he does not like to increase
the density at all, noting that density has been set by the County.
He noted that zoning cannot be bought. He stated that there is a
problem with the Comprehensive Plan that should be taken care of.
Commissioner Holland stated that he would agree with
Commissioner Goodnight and with reference to the excavation, he
stated that Water Management dictates a certain amount of excavation
for a project this size.
Public Works Administrator Xuck stated that in mOst projects it
takes 12-20' of the land to provide storage to meet the water mana-
gement criteria which is both County and South Florida Water
Management District's requirements.
Commissioner Holland stated that he has problems voting against
any petition that has met all the requirements that the County has
insti tuted.
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APRIL 8, 1986
In answer to Commissioner Hasse, Mr. Vines stated that the
requirements were changed and this project is no longer considered a
rental project.
Mr. O'Mara stated that it will be a two bedroom or three
bedroom multi-family project for sale with a price range of $80,000
to $83,000 for a two bedroom u~it.
Commissioner Hasse questioned if there will be management on
the premises, to which Mr. O'Mara stated that there will be a full
time manager and a residence for the manager on the premises.
commi.sioner Goodnigbt moved, .econded by Commis.ioner Bolland,
tbat Petition R-8S-27C, Vines , Associate., for "OX Burn be
approved.
Commissioner Hasse stated that he feels that the $6,000 for
payment-in-lieu of land is not a sufficient amount.
Tape f3
UpOD call for tbe question, tbe 1I0tion failed, (Commissioners
Ba.s. and Pistor oppo.ed).
Itell '6
PETITION ZO-86-SC, .CO~TY OZVBLOPMBNT DIVISION RJI AN AKJIKDHEKT TO
ORD. 82-2, TO ALLOW..THE DO.OR OJ' DONATJlD ITEMS .,OR PUBLIC USB Olf
PUBLIC PROPERTY TO PLACE THE DOlfOR'S KAMB ON SAID ITEMS - CONT'!)
TO APRIL 22, 1986
Legal notice having been published in the Naples Daily News on
March 7, 1986, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened to consider Petition ZO-86-SC,
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APRIL 8, 1986
filed by Community Development Division requesting an amendment to
Ordinance 82-2, the Comprehensive Zoning Regulations for the unin-
corporated area of Collier County by adding Section 9.12, Donor
Identification on donated public property, to allow the donor of the
donated items for public use on public property to place the donor's
name on said items.
Planning/Zoning Director ?ettrow stated that i~certain instan-
ces, companies or individuals wish to donate property' such as
benches, garbage cans, etc. to the County for public use in public
areas and the Zoning Ordinance does not permit any signage on this
type of property, He indicated that the proposed revision would
allow and set standards for the donor to put his name on the donated
property, He reported that under these circumstances, with the pro-
posed guidelines and standards, Staff has no objection to the pro-
posed amendment. She indicated that the CCPC held their public
hearing and recommended denial of this petition because of concerns
that street corners might be "junked up" with garbage cans and
benches. They also questioned the size of the lettering and the
County's liability for maintaining the lettering on donated pro-
perty. He stated that the recommendation is for denial based on the
CCPC's unanimous recommendation of denial.
Commissioner Pistor stated that this was brought about par-
tially by an organization that was willing to supply trash cans
along the Marco Island beach if they could put their name on them,
&00l 093 fl7. 25 Page 14
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APRIL 8, 1986
adding that it seemed a viable idea but the CCPC has looked into it
and has recommended denial.
commissioner VO.S moved, .eoonded by Commissioner Qoodniqht and
carried unanimously, that tbe public bearinq be closed.
commis.ioner VO.. moved, seconded by commissioner Goodnigbt,
that Petition ZO-86-5C, be denied.
Commissioner Holland questioned what will happen if someone
donates a building, noting that if he donated a building he would
like to have his name on it somewhere and this could cause problems
for the County.
commissioner Voss stated that be would aodify bis aotion so
tbat before property can be identified in the donor'. n..e, the
Board would have to approve it.
County Attorney Cuyler stated that the ordinance sets forth
certain criteria and also indicates that it is completely at the
discretion of the Board as to whether the property will be accepted
and whether it will have a name on it.
Commissioner Holland stated that the ordinance is too broad and
he feels that it wi!l cause problems.
County Attorney Cuyler stated that the basic question is if
someone donated an item to the County would they be allowed to say,
"donated by whoever" in two inch letters. He stated that this is
what this amendment allows that the CCPC is recommending denial of.
He stated that it would come before the Board to decide whether a
Page 15
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APRIL 8, 1986
piece of property would be accepted or not and whether it would have
the donor's name on it,
Mr. pettrow stated that each item will come back before the
Board that is being donated and therefore, Staff has no problem with
it.
Commissioner Holland stated that the ordinance should simply
state that this would prohibit garbage cans and benches, but if
someone wants to donate a buil~ing, there name should. be on it.
County Attorney Cuyler stated that he could clarify the ordi-
nance if the Board so desires.
Commis.isoner Voss witb4rew bi. motion and commi..ionar
Goodnigbt withdrew ber .econd, and tbe Chair directed that tbe pro-
po.ed ordinance be polisbed up and brought baok to tbe Board on
April 22, 1986.
It.. '7
ORDIKAKCB 8'-14 RJI PBTITIO. IO-I'-'C CO~TY OZVELOPKEKT DIVISI~
RJI M 7.MZnMllfT TO ORDIKAKCII 82-2, TO ALLOW ODIO ~ '1'IlLBVI8IOX
STATIONS, AUXILIARY T~8MI'1"1'BRS, JJfJ) RJlCIIIVIXG BQUIPKEKT U A
PROVISIONAL USE IN C-3 JJfJ) PERMITTED PRI.CIP7.L USE IX C-4 - 7.DOPTBD
Legal no~ice having been published in the Naples Daily News on
March 7, 1986, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened to consider Petition ZO-86-6C
filed by Community Development Division, requesting an amendment to
Ordinance 82-2, The Comprehensive Zoning Regulations to allow radio
stations, offices and studios, and auxiliary transmitters and
Page 16
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APRIL 8, 1986
receiving equipment, but not principal transmission tower, al!l a pro-
visional use in C-3, permitted principal use in C-4 and to allow
television stations, offices and studios, and auxiliary transmitters
and receiving equipment, but not principal transmission tower, as a
provisional use in C-4.
Planning/Zoning Director Pettrow I!Itated that currently, the
Zoning Ordinance allows television and radio stations, but not
towers, as a permitted principal use in the C-S district. He noted
that radio stations are composed of offices and studios with auxi-
liary transmitters and receivers usually in the form of dishes, a
small antenna or a small tower generally located on the roof. He
reported that Staff believes that radio stations, offices and stu-
dios and auxiliary transmitters and receiving equipment, but not
principal tranl!lmission towers are an appropriate principal use in
the C-4 District. He I!Itated that because the C-3 zoning district is
more restrictive, Staff believel!l that the above-cited use should be
a provisional use in the C-3 district, so as to allow the CCPC and
the Board ability to review petitionl!l on a case-by-case basis. He
indicated that tel~vision stations, offices, studios, auxiliary
.
transmitters and receiving equipment, but not principal transmission
towers tend to be more intense than a radio station because they
usually have mobile news vans and trucks which are parked on site
when not in use, al!l well as more extensive studios and activity, and
therefore, should be a provisional use in the C-4 zoning ,district.
Page l7
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APRIL 8, 1986
He steted that the CCPC held their public hearing and unanimously
recommended approval of this petition. He stated that the members
of the CCPC requested that Staff add language to the ordinance which
would limit the height of the auxili4ry transmitters and receiving
equipment. He reported that Section 8.3 of the Zoning Regulations
state that the height of antennas and the like shall not exceed any
height limitations prescribed by the Federal Aviation Agency or air-
port zoning regulations withIn the flight approach ~ne of airport
.
and therefore, as the ordinence stands now, other amendments would
be necessary to add a height provision. . He reported that Staff is
currently working on a satellite dish and antenna ordinance which
will address height as well as other items. He concluded by stating
that he is asking for approval of this petition.
Attorney George Varnadoe stated that he is in favor of this
zoning change, adding that it is a low intensity use for C-4 and
would be very appropriate.
In answer to Commissioner Hasse, Mr. Pettrow stated that when a
tower is constructed, it must clear all residential structures in
the vicinity in case the tower should COllapse. He stated that
tower drop is unlikely to drop from its full height, noting that
they usually collapse in the middle. f,,',
Mr. David Lee, represeting WRGI, stated that he supports the ,"
proposed Change to the ordinance. .
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Commi..ioner Vo.. aov.d, seconded by Commissioner Ha... and
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oarri.d unanimou.ly, that the publio h.aring be olo.ed.
commi.sioner Voss moved, .econded by Commi..ion.r Ha... an~
oarri.d unanimou.ly, that the Ordinance a. number.d and entitl.d
b.low b. adopted and .nt.red in Ordinance Book No. 231
ORDINANCB 86-14
AX ORDINAXCI AMENDING ORDINANCB 82-2, THB COMPREHBNSIVB
ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, BY AMENDING SECTION 7.22, C-3, COKHERCIAL
INTERHEDIATB, BY 7.DDING St1BSECTIOlf b.3) ee), TO ALLOW RADIO
STATIONS (OFFICES AND STUDIOS) AND AUXILIARY TRANSMITTERS
AND RECEIVING EQUIPMENT, BUT NOT PRINCIPAL TRANSMISSION
TOWER, AS A PROVISIONAL USEI AMENDING SECTION 7.23, C-4,
COMMERCIAL GENERAL, SUBSECTION b.l) (p), TO ALLOW RADIO
STATIONS (OFFICES AND STUDIOS) AND AUXILIARY TRANSMITTERS
AND RECEIVING EQUIPMENT, BUT NOT PRINCIPAL TRANSMISSION
TOWER, AS A PRINCIPAL USEt AMENDING SECTION 7.23, C-4,
COMMERCIAL GENERAL, BY ADDING SUBSECTION b.3) (1), TO ALLOW
TELEVISION STATIONS (OFFICES AND STUDIOS) AND AUXILIARY
TRANSMITTERS AND RECEIVING EQUIPMENT, BUT NOT PRINCIPAL
TRANSMISSION TOWEa, AS A PROVISIONAL USEt AND BY PROVIDING
FOR AN EFFECTIVB DATE.
It.m f8
ORDINANCB 86-15 RE COLLIER COUN'tt eOASTAL zon PROTECTI')!J ORDIHAKCB IN
COMPLIANCE WITH SECTIORS 161.52 THROUGH 161.58, FLORIDA STATUTES _
ADOPTED AS AMENDED
Legal notice having been publi8hed in the Naple. Daily New. on
Maroh 7, March 14,.March 21, and Maroh 28, 1986, a. evidenced by
Affidavit of Public~tion filed with the Cl.rk, publio h.aring was
opened to consider a Collier County Coa.tal Zone Protection ordinanc.
in compliance with section. 161.52 through 161.58, Florida Statut.s.
Tape '4
Community Development Administrator Mullins stated th'at the
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APRIL 8, 1986
Coastal Zone Protection Action of 1985 is mandated by the state and is
not optional. She noted that an effective date of March 1, 1986, as
well as specific requirements, is mandated, adding that as it is not
possible to meet the March 1, 1986, deadline and the Board voted una-
nimously on March 4, 1986, to authorize staff to establish restric-
tions on the issuance of building permits within the Coastal Building
Zone and and within applicable areas on coastal barrier islands as
defined in Sections 161. 52 through 161. 58, J:'lorida S.t~tutes. She
stated that effective March 4, 1986, no building permits have been
issued within the Coastal Building Zone which do not comply with the
proposed ordinance and additionally, maps delineating the Coastal
Building Zone have been prepared and are utilized by Staff of the
Building Department. She stated that the legislation and proposed
county ordinance provides stronger building codes for coastal develop-
ment, establishes and defines a Coastal Building Zone as land area
1,500 feet landward of the Coastal Construction Line or 3,000 feet
landward of the mean high water line if no Coastal Construction Line
has been established. She reported that the Coastal Building Zone on
all barrier islands is defined as 5,000 feet landward of the Coastal
Construction Line or the mean high water line if no CCCL has been
established or the entire island, whichever is les8. She indicated
that a barrier island is defined as being completely surrounded by "
marine waters and fronting on the Gulf of Mexico. She noted that the
legislation and proposed county ordinance generally adheres to and re-
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aool( 093 ~.\'i! 31
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enforces FEMAls requirements, defines structures which must withstand
winds up to 140 MPH when located within the Coastal Building Zone,
establishes an effective date of March l, 1986, and provides that each
local government shall provide evidence to the State of compliance.
She stated that non-complying local governments shall be made known to
the Administration Commission who shall decide whether or not to
impose sanctions pursuant to Section 163.3184 (8), Florida Statutes.
Mrs. Mullins reported ~hat that the proposed county ordinance has
undergone many revisions; she has communicated with representatives of
the State as well as individuals within the community over the past
months; and she indicated that the Collier County Builders and
Contractors Association have offered invaluable comments and
suggestions concerning this ordinance and she is requesting that the
Board adopt the proposed ordinance. She stated that the facts that
support the establ ishmet1t of a Coastal Building Zone lwd the imposi-
tion of construction standards relating to that area are to protect
the ecology and the public health; that coastal areas form the first
line of defense for the mainland; that they are of high recreational
and aesthetic valu~ and also provide a unique habitat for birds,
wildlife, and marine-life; and that it will be anticipated that there
will be a tremendous cost to the County and State for postdisaster
redevelopment in the coastal areas. She slated that the legislative
intent is that the coastal areas and barrier islands be managed
through the imposition of strict construction standards in order to
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APRIL 8, 1986
minimize damage to the natural environment, private property, and
life. She noted that the ordinance provides many definitions from
beach to various construction terminology as well as defining coastal
barrier islands and coastal building zones. She stated that it also
defines the type of structures which will have to be complied with.
She indicated that major structures are affected by this ordinance
which are generally houses, mobile homes, apartment buildings, con-
dominiums, etc. She stated that this ordinance sha~l apply to the new
construction of, or improvements to, major structures~ nonhabitable
major structures and minor structures as defined in the ordinance, and
also to construction which would change or alter the character of the
shoreline such as excavation, grading or paving. She noted that the
requirements of this ordinance shall not apply to existing structures,
validly permitted structures which are under construction, or struc-
tures for which a valid county building permit was issued prior to the
effective date of this ordinance. She stated that if there is any
question as to th& location of a structure, if it is pu~tially located
within the Coastal Building Zone and partially not, the ordinance
shall apply to th~ entire structure. She indicated that applications
for building permits for all construction in the Coastal Building Zone
shall be certified by an architect or professional engineer registered
in the State of Florida, adding that such certification shall state
that the design plans and specifications for the construction are in
compliance with the requirements of this ordinance. She reiterated
Page 22
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that structures within the Coastal Building Zone shall be designed in
order to minimize the adverse impact on the beach dune system or adja-
cent properties and structures. She stated that this proposed ordi-
nance greatly details the minimum standards for construction. She
stated that penalties have been provided for criminal and civil and
there is also an appeal process through the Board of Adjustments and
Appeals which is routine for building codes.
Building Director Magri stated that some of the biggest changes
regarding the Coastal Building Zone is the 140 mph wind load require-
ment. He noted that engineers or architects may design these
buildings with or without windows that withstand the 140 mph wind
load. He noted that there will be con'ideration with regards to the
type of footers that will be used within this zone. He stated that
the Flood Prevention Ordinance 79-62 will still be used which
designated the "V" zones and "A" zones, adding that wit:lin the
"V" zones, the pile-type construction is used for the footers.
He stated that within the "A" zones in some areas, the monolithic
slab will be used ~nd in other areas, the spread footer-type
system will be used:
Commissioner Holland questioned what the wind load is at the pre-
sent time, to which Building Director Magri replied llO mph.
Commissioner Voss questioned what the penalties are that the
State can impose if this ordinance is not adopted, to which Community
.
Development Administrator Mullins stated that the County.~ould not be
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APRIL 8, 1986
eligible for gr8nts administered under the Florida Sm81l Cities
Community Development Block Gr8nt Program, the Florid8 Recre8tion
Development Assistance Program, and Revenue Sh8ring pursuant to State
statutes.
Mr. Don Barber referred to Page 7, Paragraph 6.02,' existing
structures, and stated that it h8s been the policy of the B08rd in ye8rs
past when adopting ordinances affecting the construction industry that
.
the effective date of the ordinance has always been the date that the
Secretary of State accepted the ordinance. He stated that this
paragr8ph refers to issuance of permits and not when it was applied
for.
County Attorney Cuyler stated that the Building Department has
not been considering any building permits that were applied for prior
to March 1, 1986. He noted that anything that was looked at prior to
March 1, 1986, will adhere to the previous regulations. He stated
th8t this code follows the model code from Tallahassee.
Mr. Barber stated that under Section 7, reg8rding certification
by architect or engineer, the owner/builder will to get 8 cer-
tification by an bngineer or 8rchitect, adding that there should be
some consider8tion given for such a permit. He stated that he differs
with the definition of monolithic slab which is on Page 7, Paragraph
9, adding that there is conflict in this paragraph and it should be
further looked into.
County Attorney Cuyler stated that there was discussion with the
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~; Builders Contractors Association representatives as well as a number
of local engineers and architects. He stated that there was agreement
that the monolithic slab did apply.
Building Director Magri stated that there has been discussion
about the owner/builder, noting that the average owner/builder could
not design a home for 140 mph ~ind loads, which is why a certification
from an architect or engineer is required.
County Attorney Cuyler stated that this model code was sent
by the State and 97~ is based on a code sent by the Department of
Community Affairs. He noted that this pro~osed ordinance, if
adopted, will go into effect immediately, but it will still be
sent to the State to be sure that it complies ~ith the statutory
requirements.
Tapa IS i l.\., . I
Mr. Scott Brown, President of Collier County Builders and
Contractors Association, stated that he was invited by County staff to
contribute comments relating to this proposed ordinance. He noted
that they may not like everything in the ordinance, but they endorse
the passage of it.- I
.
Mrs. Charlotte Westman, representing the League of Women Voters,
stated that there has been consider8ble work done on this proposed
ordinance, but questions why it does not have any specific language
regarding seawalls, to which County At~orney Cuyler stated that
neither the statutory language nor the model code specifically
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APRIL 8, 1986
addressed seawalls in this portion of the new legislation.
County Attorney Cuyler stated that this ordinance is being con-
sidered by the Board to be enacted consistent with Chapter 161, adding
that the language with reference to seawalls need not be in this ordi-
nance. He stated that with regard to the title, there is an appeal
mechanism that has been incorporated and will be included as
"providing for appeal". He noted thdt with regard to the earlier
draft that was submitted to the Clerk of the Board, ~here has been
.
some small changes, noting that on Page 3, the Section number changed
from 12 to 13 because of the change in the appeal provision; on Page 5
the FEMA Flood Insurance Rate Map Velocity Zone definition changed
slightly from the previous draft; on Page 7 dealing with applications
and certifications by the Architect or Engineer, the definition became
less stringent; on Page 9 there were some changes in Section 2 dealing
with the monolith, c slab foundations; on Page 10, Subsection C,
Building and floor Elevations, rather than using the model code
language the statutory language was used because it was felt that it
was clearer; and on Page 14, an appeal provision was inserted.
commissioner Voss moved, seoonded by Commissioner Goodnight and
carried unanimously, tbat the publio hearing be olosed.
Commissioner Voss moved, .econded by Commissioner Has.e and
carried unanimously, that the Ordinance as numbered and entitled below
be adopted and entered into Ordinanoe Book No 231
'OK 093 mt 37 Page 26
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APRIL 8, 1986
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ORDInJfClII 86-15
AN ORDINANCB ESTABLISHING BUILDING CODB RBQUIREKl!INTS FOR
CONSTRUCTION RBQUIRBKENTS IN THE COASTAL BUILDING 20NB
IN COLLIER COUNTY, .,LORIDAt PROVIDINQ .,OR A SBORT TITLEt
SETTINQ FORTH FINDINQS OF FACTt PROVIDING .,OR
LEGISLATIVE INTENTt PROVIDING NOTICB AS TO CONFLICTING
ORDINANCB PROVISIONSt PROVIDING FOR DEPINITIONSt
PROVIDING POR APPLICABILITY OF THE ORDINANCEt PROVIDING
REQUIREMENTS POR APPLICATIONS FOR PERMITS AND
CERTIFICATION BY ARACRITECT OR BlfGINBERt PROVIDING POR
REQUIREMENTS POR MAJOR STRUCTURESt NON-HABITABLE MAJOR
STRUCTURES AND MINOR STRUCTURESt PROVIDING PUBLIC ACCESS
REQUIREMENTS, WHERE APP~ICABLEt PROVIDING CRIMINAL
PENALTY 1 PROVIDING FOR CIVIL ENFORCEMENT; PROVIDING FOR
APPEAL1 PROVIDING FOR CONFLICT AND SEVERABILITY; AND
PROVIDING POR AN EFFECTIVE DATB.
Item U
STAFF DIRECTEO TO PROCEED WITH ALTlIIRNATlII U RB LAltEWOOD BLVD. AND
ACCESS TO WINTERPARK, PRASB II AND TO AMEND SAID POD DOCUXENT
Public Works Administrator Kuck stated that this is to obtain a
recommendation from the Board as to acceptable modifications to
Lakewood Blvd. relative to issuance Of a'right-of-way permit for the
proposed access from Winterpark Phase II. He noted that this matter
was previously discussed by the Board On December 17, 1985, at which
time the Staff was directed to make a further study of the connection
between Lakewood Blvd. and North1ight Drive prior to issuance of any
.
right-Of-way permit.to determine if .aid connection will cause any traffic,
hazard or put an undue burden of traffic on Lakewood Blvd. He reported
that Alternate .1 is to construct a five foot wide curbed median
island perpendicular to the proposed access points from Winteipark,
Phase II !IS shown on Drawing No. RM-l/' He noted that Alternate '2 is
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APRIL 8, 1986
to provide for cross-treffic movements at the proposed access points
by means of pavement striping as shown on Drawing No. RM-1. He indi-
cated that Alternate ~3 is to require Northlight Drive to be ter-
minated east and west of Lakewood Blvd., thereby eliminating the
access points under consideration, which would mean dead-ending
Northlight Drive prior to intersecting Lakewood Blvd. He stated that
the traffic study indicates that there would be no adverse impact on
Lakewood Blvd. with respect to level of service, bu~ there are certain
observations that should be noted. He reported that bn Alternate II
it would eliminate cross-traffic and left turn movements to and from
Winterpark, Phase II, adding that due to the short distance of the
proposed access from Davis Blvd., this feature would appear to be
advantageous from a safety standpoint while still provi~ing right turn
movements to and from Winterpark, Phase II and no interruption of
current traffic flow patterns. He stated that this arrangement would
also maximize the available storage for traffic movements at Davis
Blvd. He indicated that Alternate 12 would provide the most con-
venience to Winte:park, Phase II with respect to available turning
movements but at the same time presents the greatest possibility for
congestion and interruption of the safe flow of traffic on Lakewood
Blvd. but would also minimize the amount of storage available for
turning movements at Davis Blvd. He stated that Alternative 13, while
eliminating the access consideration e~tirely, it would not be con-
sistent with the approved master plan and could create an unnecessary
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APRIL 8, 1986
inconvenience to the operation of'th. fire station. He stated that
there will be no fiscal impact to the County because the cost of the
modifications will be borne by the Developer, adding that it is his
recommendation that the Board provid6 direction to the Staff as to the
modifications that would be acceptable relative to the considerations
that have been outlined.
In answer to Commissioner Hasset Public Works Administrator Kuck
stated that the safest route would be Alternate '3 where there is no
connection made to Lakewood Blvd.
Commissioner Holland questioned if Alternate 'I would eliminate
most of the problems as far as the people in the area are concerned,
to which Public Works Administrator Kuck replied that the people of
Lakewood could better answer that, but this was one of Staff's recom-
mendations. He stated that Staff was not in favor of Alternate '2.
Col. John Beebe, President of Lakewood Civic AssOCiation, stated
that he is speaking on behalf of the 980 households in Lakewood. He
stated that he is expressing their concerns about the safety hazards
that would be created by allowing Northlight Drive to cut through
Lakewood Blvd. He.stated that a petition was signed at the last
public hearing recommending that Northlight Drive not be allowed to
cut through Lakewood Blvd. and that it be dead-ended on each side of
Lakewood Blvd. He stated that they are not impressed by the
Winterpark traffic survey because it is basically a trip generation,
trip distribution and traffic count study and ignores the physical
.
"
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APRIL 8, 1986
realities of the location, the limitations of Lakewood Blvd. and the
increasing traffic growth that will continually add to the congestion.
He stated that the traffic study does not take into account the proxi-
mity of Northlight Drive to Davis Blvd. nor does it take into account
the fact that Lakewood Blvd. is a two-lane road with severe limits on
adding lanes in the areas under consideration. He stated that in
order to reduce safety hazards and avoid unacceptable risks, he recom-
mends the request for access onto Lakewood Blvd. from Winterpark be
denied and that Northlight Drive be dead-ended at Lakewood Blvd. on
both sides.
Tape '6
Mr. Robert Koolan, President of Lftkewood Community Services,
stated that he has the unanimous vote of the 9 villa associations, the
2 homeowners associations and the 3 condominium associations to be
100\ against any changes in the present design of Lakewood Blvd. and
to dead-end Northlight Drive at both sides of Lakewood Blvd. He stated
that he has met w:th the Fire Chief and the location of the firehouse
was reviewed, noting that it was agreed that this was the wrong place
for the firehouse. He stated that they did resolve how they would
enter the rear of the firehouse without coming off Lakewood Blvd. He
stated that it was agreed that they could turn into Winterpark and use
the Winterpark Road and make a left turn to back into the fire sta-
tion. He stated that they prepared a 7 point program to improve the
, .
traffic situation on Lakewood Blvd, which includes changing speed
Page 30
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limits, double lining the road and many other thing_ that will alle-
viate the problems on Lakewood Blvd. He stated that considering any
cut through would create numerous problems.
Mr. Paul Lees, resident of Lakewood, stated that he concurs with
Mr. Koolan and Col. Beebe, adding that their desires should be
observed.
Mr. Ronald Bruns of Bruns & Bruns referred to a map indicating
Wlnterpark, Phase II, stating that the developer wishes to have cross
access to this area. He noted that the developer prefers Alternate 12
of the alternates that were described by Mr. Kuck. He stated that
there is only 5\ of the traffic per day going to the recreation
area which would mean crossing over. He noted that if the residents
can not cross over, they will be forced to go out onto Davis Blvd. and
back down Lakewood Blvd., which will create more problems. He stated
that presently Lakewood Blvd. is only running SOt of its capacity.
,
He noted that when the land was rezoned and Palm Drive was designed, a
traffic study was made which indicated that a four lane artery connec-
tion be put down the east side of the property. He noted that when
Lakewood was built; the east connection was not put in and instead
.
Lakewood Blvd. was built by way of a circumvental route. He stated
that he feels that it would be safer to have cross tr.affic at Lakewood
Blvd. then to force all the traffic onto Davis Blvd. and back down
Lakewood Blvd. He stated that the people on the interior should be
able to move within an artery system rather than having ~o go out of
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APRIL 8, 1986
the area and then back in, adding that good traffic flow is created
from within. He stated that he chose Barr, Dunlop & Associates to do
the traffic study as he wanted an unbiased opinion from a firm that he
had not used before or that the Glades had not used before, adding
that Barr, Dunlop & Associates felt that Alternate 11 would not be in
the best public interest and Alternate 12 would work, but could be
improved by extending the length of the left turn lane at Davis Blvd.
He stated that they felt that the preferred alternatp is Alternate 12,
which is what he is recommending. .
Attorney Jim Siesky, representing the Glades, Inc. stated that
the only thing that is going to be prevented by not allowing
Northlight Drive to hook into Lakewo~d Blvd. is the cross traffic.
He stated that most of the people are going to go to Lakewood Blvd. by
way of going out onto Davis Blvd. and back down Lakewood Blvd. He
stated that only the Lakewood people have been heard from, noting that
the future residents are not here this date to complain. He stated
that the safety issue was known at the time that the original PUD was
approved and the efforts of Col. Beebe should be directed toward the
other developments that are emptying onto this roadway. He noted that
an appropriate method of control could be signs at the roadway pre-
venting turns and permitting only cross traffic, adding that the con-
cern is that the people on the eastern side of Lakewood Blvd. should
be able to get to the recreation area on the west side without going
out to Davis Blvd. to do this. He stated that there is an issue of
..
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Page 32
aODK 093psr,! 43
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vested rights contained in this particular circumstance, adding that
the Glades, in good faith, commenced the construction of Winterpark
based upon thi~ approved development by permitting easy access and
direct access to the recreational facilities. He stated that it would
be highly unequitable and unjust for the Commission to now devalue the
development on the east side of the access way. He stated that the
original PUD showed no intent to block this roadway and if that was
the intent of the County staff, it should have been made known to the
developer at that time. He stated that Alternate '2 is a reasonable
method to use if "No-turn" signs are installed.
Commissioner V~ss questioned if Alternate '3 is the one with no
thru-traffic at all, to which Public Works Administrator Kuck replied
affirmatively, adding that Alternate '3 would not allow connections
from the east or the west to L8kewood Dlvd.
Commissioner Voss moved, seoonded by Commissioner Hasse and
oarried unanimously, that Staff be directed to proceed with Alternate
'3 whioh would require Korthlight Drive to be terminated east and west
of Lakewood Blvd., thereby elilllinating the access points under con-
sideration for Wir.terpark, Phase II, and that the PUD document be
.
amended.
Item no
BCC TO WORK WITH THE CITY OF NlPtBS :1:1, A S'l'UDY nTH REGARDS '1'0 HOVING
OF AND IMPROVEMENTS TO THE NAPLES AIRPORT
Commissioner Pistor stated that this item has been discussed many
times over the past ten years and has some merit to it. 'He s ta ted
"
Page 33
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APRIL 8, 1986
that he spoke with the Mayor of Naples a few weeks ago and they wanted
to know if the County would be willing to participate in any
discussion with respect to moving of the Naples Airport. He stated
that since the move would probably be into the County, it would be of
interest to the County.
Mr. Ed Kant, representing the city of N~ples Airport Authority,
stated that there is no proposal to move the Airport, adding that the
proposal that has been presented and which the City ~nd the Airport
Authority and hopefully the County will jointly study is a comprehen-
sive study of airport operations which would encompass such items as
noise, safety, adjacent land uses, the question of site in regard to
all these criteria and perhaps there will be recommendations coming
out of this study which would revolve around whether or not the
Airport should be moved. He stated that if these questions do come
up, it presents an entire new spectrum of questions such as if so,
how, where, what budgetary considerations and so forth. He stated
that the Airport Authority wishes to include the County in this study,
adding that they are surrounded by County land on three sides. He
stated that this 1S an open discussion and the County can be included
in this discussion if they wish.
County Attorney Cuyler stated that the letter from Mayor Putzell
, '
indicates a noise study, adding that the Naples Airport is in litiga-
:
tion with the Board of County Commissioners concerning issues
regarding such a study.
!OOJ; 093'nli! 45 Page 34
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meeting, noting that it is a comprehensive noise study that is being
paid for as a totally separate effort, adding that he would hope that
whatever the reDults of the outcome of the study that it Could be
input into the comprehensive review of Airport operations. He stated
that the selection process for the noise study h8s been completed and
h8s nothing to do with this matter.
Tape '7
County Attorney Cuyler stated that it would be a good idea for a
copy of the letter from Mayor Putzeli to be included in the formal
record,
Commissioner Hasse questioned if any funds are being committed,
to which Commissioner Pistor indicated that no funds are being com-
mitted at this time.
Commissioner Holland questioned if the Airport Authority has
taken formal action on Mayor Putzell's request, to which Mr. Kant
stated th8t he be;ieves th8t the Authority did vote on the matter at
the last meeting, and it is clear that this is to be a joint p8r-
.
ticipation study.
Commissioner Voss moved, seconded by Commissioner Goodnight and
carried unanimously, that the Bce indicate their willingness to colla-
borate with the City of Naples in a stUdy regarding way. to improve
the airport and possibly moving same. .
***** Recess: 12:15 P.M. - Reconvened: 1:30 P.M.. ,*****
Item'll
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APRIL 8, 1986
RESOLUTION 86-55 CREATING THE BLOB HlRON WATER SERVICB SPECIAL
ASSESSMENT DISTRICT - ADOPTED. UTILITIES DIV. AUTHORIZED TO OBTAIN A
LONG-TERM, FIXED RATE, CONVENTIONAL LOAN; TO NEGOTIATB A CONTRACT WITH
THE ENGINEER OF RECORO; STAFF TO INVESTIGATE WATER LINES LEADING TO
MRS. BLAIR AND MR. MAYS' PROPERTY, MAKE NECESSARY ADJUSTMENTS AND
REVIEW ASSESSMENT ON CANAL LOTS THAT ARE UNDER WATER AND RETURN TO Bce
AT TIME OF FINAL ASSESSMENT WITH REPORT
Legal notice having been published in the Naples Daily News on
March l8, 1986, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened to consider the creation of the
Blue Heron Water Service Special Assessment District.
Mr. Mike McNees, Utilities Administrative Assist~nt, stated that
in April, 1983, a petition was presented to the Utilities Division
representing approximately 60t of the property owners in Section 20,
Township 51, Range 27E. He stated that this area is bounded on the
east by the Royal Palm Golf Course and on the west by the Auto Ranch
Road area. He stated that the petition was for a request for water
service. He noted that the original main that went out U.S. 41 was
not dedicated to the County until June, 1985, so the County could not
proceed with the engineering work until that date. He stated that at
this point, the preliminary engineering report has been completed
along with the plans and an estimated cost of the project of
$135,747.00 which is an estimated per front foot assessment of
$21. 878. He stated that he has received a letter from Mr. Thomas
Connolly objecting to the fact that the western 33 feet of his lot
is under water and he feels that he should not be assessed for that
portion of his lot. He referred to Parcel 35, noting that there is a
;;; 093 PA~ 47 Page 36
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D931~ g
APRIL 8, 1986
,
~rainage canal that runs along the western boun~ary of the assessment
district that extends to the end of the properties. He stated that
within the assessment district it shows that the property goes comple-
tely to the end of the district even though some of it is under water.
Mr. Roy Mays, 13500 Lake Park BlVd., stated that he does not
object to the people wanting water but he alrea~y has water, noting
that when he purchased his lot he bought it with the understanding
that he would have water. He stated that there was water service from
the Isle of Capri water works and Mr. Habermill was developing land
beyond him and he ran a line to his property and Mrs. Blair's pro-
perty. He stated that he paid for the service at that time, noting
that Mr. Habermill also offered to furnish water to the people in'Blue
Heron Park, which they turned down at the time. He stated that he
does not feel that he should have to pay for another line when he
already has service.
Mr. McNees stated that he was ndt aware that water was being
supplied to this property and he would have to check into the matter.
He noted that the main that comes down U.S. 41 has been there for a
number of years and the original developer of the Royal Palm Golf
.
Course put it in an~ there were numerous taps into it, but the County
did not acquire it until mid 1985. He stated that it is quite
possible that there is a tap in there that he is not aware of.
Mr. Mays stated that he used to pay the Isle of Capri Water
Service for the water but now he pays the County.
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APRIL 8, 1986
Mr. Thomas Connolly stated that his property is on the edge of
the canal, noting that he would be happy to pay for 60 feet but not
the 33 feet that is under water.
Mr. McN~es stated that since there is not a survey of the canal
as to what is under water and what is not, he is leaving the decision
up to the Board to determine if it is fair or not to assess him for
the entire property or simply the portion that is not under water.
.
Mr. Edward Connolly stated that he has five acres and has been
assessed for 330 feet which would run the water line completely past
his property, noting that there is nothing beyond him. He stated
that there is not even a road there. He referred to various methods
that could be used for the assessment purpose that would be fair
instead of the front foot method.
County Manager Lusk stated that assessments are figured on the
benefit to the property which is the basis for them. He noted that a
larger property that may be subdivided in the future ha~ ~ larger
benefit than a smaller property owner who will only have the one ser-
vice in the future.
Mr. Ed Conr:olly stated that if he does not receive 330 feet of
pipe, he does not feel that he is being assessed fair.
Tape IS
Utilities Administrator Crandall stated that if this lot is ever
subdivided and a road goes through the middle of Lot lO, the property'
will never be assessed again for water main extension.
I l "
Page 38
'Olll 093 n~ 49
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APRIL 8, 1986
The following people spoke in favor of receiving water service as
it is something that is extremely needed due to the poor quality of
water that comes from the wells, the constant replacement of applian-
ces and plumbing, the need for fire protection, but against the method
of assessment and the fact that the assessment is too high:
,
Mrs. Marilyn Matthes Mr. Steve Richards
Mr. Richard Dennis Mr. Norman Curtis
Ms. Tammy Long Mr. Louis Toppe
Mr. Gene Erickson
A letter from Mr. Roy McClanahan was read by Mr. Dennis in favor
of the assessment.
Mrs. Joanne Blair stated that she is also being supplied by
County water at this time and has had water since 1977, and had the
water meter since 1980. She stated that since the County took over
the water, she has paid her water bill to the County. She noted that
she should not be assessed for something that she has already paid for
and has had since 1977. She stated that the line that was put in was
a 2" line.
County Manager Lusk stated that part of the benefit that is being
received other thart water service is fire protection, which is
.
accomplished by putting in a 6" line. He stated that with a 6" line
an additional ben~fit will be received.
utilities Director Crandall stated that there is fire protection
benefit and an adjustment could be made,' but the other property owners
will have to piCk up that cost that Mrs. Blair would not,be paying.
'.
Page 39
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APRIL 8, 1986
"
Commissioner pis tor stated that the pipe should be checked, adding
that previously some lines have been run and they have been considered
ille;al as they are not the proper kind of pipe and there could be a
sickness that could develop and then the County would be considered
liable as the water is being supplied by the County.
Tap. t9
utilities Director Crandall stated that he would like some direc-
.
tion as to whether the canal lots ~nd tha lots that already have water
service are to be adjusted.
Commissioner Pis tor stated that ha feels that the lots on the
canal should be adjusted and when the situation of the existing water
service is checked into, there may have to be an adjustment of some
sor t.
It was the general consensus of the Board that utilities
Director Crandall follow Commissioner Pistor's suggestion.
utilities Director Crandall stated that he will bring this in-
formation back at the time of the final assessment.
Mr. Ed Connolly questioned if he could connect a private line
from the valve at his property line into his property further, to
which Commisisoner Pistor replied affirmatively.
Assistant County Manager Doerill stated that if a private line is
going to be from south to a mid point and it is going to be done
within a County right-of-way or an easement that is there, it will
have to be built at County specificafions.
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Commi.sioner Voss moved, seconded by commissioner Qoo~niqht an~
carried unanimously, that the publio hearinq be olose~.
commissioner Qoodniqht move4, secon4ed by Commissioner Holland
and oarried unanimously, that Resolution 86-55 oreatinq the Blue Heron
Water Service special Assessment Distriot be a40pte4.
Commissioner Goodniqht move4, saconde4 by Commissioner Voss and
carrie~ unanimously, tbat the utilitie. Division b. authorized to
obtain a long-term, fixed rate, oonventional loan in an amount not to
exceed $140,000.
Commissioner Goodnight moved, seconded by Commissisoner Holland
and carried unanimously, that the Utilities Division be authorized to
negotiate a contract with the Engineer of Record, Hole, Montes &
Associates for the completing of engineering work on the proposed pro-
ject.
commissioner Bolland moved, seeonded by Commissioner Hasse and
carrie4 unanimously, th~t the Babermill water line be i~vestigated
with regards to quality ot the ~ater and what adjustment oould be made
tor Mrs. Blair an~ Mr. Kays and what inspeotion. were ..de on thes.
lines and staff bri~q back . report to the Board at the time ot the
tinal assessment.
Commissioner Bolland moved, seconde4 by Commissioner Voss and
oarried unanimously, that the eanal lots that are un~er water be
revieved with regar~s to their assessmant.
,
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Page 41
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APRIL 8, 1986
Itelll 112
RESOLUTION 8'-56 AMENDING RESOLUTION 85-103 RELATING TO PETITION
PU-85-4C, TO AMEND THE LEGAL DESCRIPTION Foa PROVISIONAL USE Foa
ALPINE BROADCASTING CORPORATION - ADOPTED
Planning/zoning Director Pettrow stated that the objective of
this petition is to revise the legal description for Petition
PU-85-4C. He noted that the Board approved Petition PU-85-4C,
Alpine Broadcasting Corporation requesting provisional use "I" of
the A-2 District for a communication tower on April 16, 1985.
He stated that the petitioner was unable to obtain a clear title
to a small fringe portion of the property contained in the legal
description, and therefore, it needs to be revised to indicate
such.
commissioner Voss moved, .econd.d by Commi.sioner Bass. and
oarried unanimously, that aesolution 86-56 ..ending a.solution 85-103
relating to Petition PU-85-4C, to ..end the legal description for pro-
visional use for Alpine Broadoasting corporAtion be adopted.
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APRIL 8, 1986
It.m U3
ISSUANCE OF NEW BUILDING PERMITS FOR BUILDINGS ON TRJI REMAINING PARCIL
0., TN. PROJECT ~OWN AS ANGLER'S COVB LOCATEO ON TRACT A ON BARFIELD
DRIVE ON MARCO IS~ND - APPROVED. STAFP DIRECTED TO PREPARE AN
ORDINANCE FOR CRITERIA AND PROCESSING OF FUTURE CASES REGARDING
ISSUANCE OF BUILDING PERMITS
Planner McKim stated that there are existing valid building per-
mits which were issued prior to adoption of the current zoning ordi-
nance in 1982, adding that some are large projects which have been
developing on a continuing basis and others are existing only as a
result of building permit extensions. She stated that when a deve-
loper wishes to modify the plans affecting the existing building
permit, new building permits are required and must met the cri-
teria of the current zoning ordinance. She stated that one of
the older projects that was issued a permit prior to 1982 is
Angler'S Cove, adding ~hat in this case, the developer has one
last tract to complete of the hotel project which began in 1980.
She stated that the project is substantially completed, adding
that building permits were issued for 448 units and 328 of the
units have been built. She reported that on the last tract, the
developer wishes to change the building layout of four buildings
to one building and 120 units to 80 units. She stated that the
revised plans met all requirements of the current zoning ordi-
nance, subject to actual building permit review and approval.
She noted that the developer has substantially relied upon these
building permits by the action of continuing c"nstruction, adding
1001( 093' PA!;t 5.9 Page 43
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that no additional time is requested in the form of a building
permit extension, which Bhould be a condition of any approval.
She reported that staff has no mechanism by any of the ordinances
to issue new building permits, adding that the 80 units is still
a greater number than what would be allowed under the current
zoning ordinance. She stated that she has worked closely with
the County Attorney's office on this matter and due to the fact
that this situation could arise again in the future, Staff is
requesting that the Board direct Staff to prepare the appropriate
ordinance to set forth criteria and processing for future cases
which may arise,
Mr. Victor OeKonschin referred to an overhead map indicating his
overall plan and the change from four buildings to one building.
County Attorney Cuyler stated that he has discussed this with the
Zoning Department and in light of the criteria that Planner McKim
indicated, he noted that the Board has the authority to approve this
matter.
commissioner vo.s moved, .econ4ed by Commi.sioner Holland and
carried unanimously, that Staff ba authorizad to issua naw building
permit. for buildings on the remaining parcel of the project known as
J.nqler'. Cove.
Chairman Pistor directed Staff to come back with the necessary
ordinance regarding such situations.
Item 114
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APRIL 8, 1986
ENGINEERING OEPARTKENT AUTHORIZED TO PREPARB AN ORDINANCB CONSIDERING
CREATING THE SABAL PALM ROAD EXTENSION MSTU IN ORDER TO PROVIDE
FUNOING FOR A PRELIMINARY ENGIKEERING REPORT
Public Works Administrator Kuck stated that this is a recom~en-
dation to accept a petition to create the Sabal Palm Road Pavi~g
Assessment District anj authorize advertisement of an ordinance to
create the Sabal Palm Road Extension Municipal Service Taxing Benefit
Unit. He stated that the Engineering Department received a petition
requesting the extension of the Sabal Palm Road proj~~t. He stated
that the existing Sabal Palm Road is County-maintained and is a one
mile length, noting that the petition is requesting extension of it
for a 6 mile length. He stated that the area that would be included
would be two miles to the north and two miles to the north. He
stated that there would be two exceptions; one section the school
board own and another has access to the Swamp Buggy Grounds. He
stated that of the 259 owners involved in the proposed district, 134
signatures were received in favor of it w~ich represent~ 52% of the
property owners. He stated that he has also received letters of
endorsement of the project from the Sheriff's Department, the Office
of the Governor, ~ounty Emergency Management Director, Florida.
Department of Transportation, and the Division of Forestry. He stated
that he is aSking that the petition be accepted and to set up an ordi-
nance creating the district.
Tap. no
Public Works Administrator Kuck stated that this would be . bene-
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~', fit to the county also if in the future, this area become. isolated
fro. 1-75 or Alligator Alley, the county would b. able to get aces..
into the south ..tate. ar.a whera ther. are quit. . few drainage
canals and water control structure..
commis.ioner Voss moved, .econded by Commissioner Holland and
carried unanimously, that the petition for Sabal Palm Road Extension
be accepted and that Staff be authorized to prepare an ordinanc.
creating the Sabal Pal. Road Extension Municipal Servie. Taxing and
B.nefi~ Unit in order to provide funding for a preliminary engineering
report.
Item US
BID '86-946 FOR BUILDING IMPROVEXBNTS TO COUNTY BARN GARAGB FACILITY -
AW~RDED TO GEE CONTRACTORS IN THE AMOUNT OF $77,1'1
Legal notice having been published in the Naples Daily News on
February 28, 1986, as evidenced by Affidavit of Publication filed with
the Clerk, bids were received for Bid 186-946 for building improve-
'ments to the County Barn Garage Facility until 2:30 P.M., March 19,
1986.
Public Works ~dministrator Ruck stated that this is fer the
enlargement of the County Barn Road facility, adding that four bids
were received ranging from $77,000 to $92,890. He stated that he is
recommending that this bid for a turn-key type project be awarded to
the low bidder, GEE Contractors of Ft. Myers in the amount of $77,l6l.
He stated that he originally estimated' the project around $95,000.
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commissioner Hasse moved, seconded by Commissionar Holland and
carriod unanimously, that Bid '8'-946 for bUildinq improvem~nts to
County Barn Garaqe facility be awardad to GEE Contractors in tha
amount of $77,161.
Item '16
PARKS , RBCREATION ADVISORY BOARD DIRECTED TO BOLD PUBLIC BBARING TO
RECEIVE INPUT RBGARDING NAMING ALL FIVZ COMMUNITY PARKS AND REPORT
BACK TO THE BCC WITB A PINAL RECOMMENDATION WITBIN A MONTH. SCBOOL
BOARD TO BE CONTACTED RE A NAMING CONTEST POR SAID PARKS
.
Parks and Recreation Director Vanatta stated that at the March
20, 1986, Parks & Recreation Advisory Board meeting, there was a
discussion pertaining to the current names of the five community
parks. He stated that the renaming of all the parks was precipitated
by the renaming only of the Golden Gate Community Park site. He
stated that the advisory board voted by majority and decided that it
would be appropriate to hold such a public hearing for citizens input
o~ly if authorized by the Board, since the Board voted ~hat the five com-
munity parks be named after the geographic area. He stated that he is
seeking direction on this matter.
Commissioner nasse stated that he still feels that the parks
should be named after the geographic area.
Mr. John Agnelli, representing Power Corporation, the developers of
Berkshire Lakes, stated that at the March 20, 1986, advisory board
meeting, the Chairman felt that the only way to resolve the matter is
to bring the whole matter back before the Board. He stated that he
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APRIL 8, 1986
would like to see the park named Santa Barbara Park. He stated that
Berkshire Lakes has been good neighbors and they will continue to be
good neighbors.
Commissioner Holland questioned how many parks are in Golden Gate
et this time, to which Mr. Vanatta stated that there is one that is
already name Golden Gate perk.
Commissioner Holland stated that according to the past minutes,
Public Services Administrator Norton stated that it was the opinion of
the Staff that it would be best to leave the parks with the names of
the communities. He stated that he feels that the parks committee
should hold a public hearing and bring a recommendation back to the
Board.
Commissioner Hasse stated that Mr. Agnelli indicated that the
perk could be named Hasse Park, noting that he declined end wented to
be sure that it was so noted in the record.
Mrs. Kathleen Ennis stated that she does not want to see these
parks named after a pers~n or a developer, adding that ~he school
children could name them by way of a contest.
Commissioner P~stor stated that the School Board could be con-
tacted to see if they would conduct a naming contest to give the County
some ideas and a public hearing of the Parks & Recreation Board should
also be held.
Mr. George Keller stated that a decision was made and that deci-
sion should be upheld. He stated that after the public hearing, he
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APRIL 8, 1986
feels that the same names will be the ones that will be use1.
commissioner Pistor directed that Mr. Vanatta contact the School
Board with regards to a naminq contest and also have the Parks ,
Recreation Advisory Board hold a public hearinq to receive input from
the public on naming of the parks and raport back to tha DCC with a
recommendation in a month.
Item '17
.
$12,125.'0 PAYMENT TO 800TRr.:7.BTB~ XttNICIPAL BONDS, IKC. rOR PAYMENT
OF BALANCE OF BILL FOR SERVICES RENDERED .
Utilities Administrator Crandall stated that he is requesting
payment to the financial consultants the balance of the bill that was
sent to the County in conjunction with the $24 million bond issue that
was sold. He stated that Southeastern Municipal Bonds has billed the
County $59,115.60 and the Fiscal Office reviewed it and adjusted the
bill to be more in line with the Florida Security Association sche-
dule. He stdted that it was adjusted down to $46,990. He stated that
Staff is in agreement with the Fiscal Office that the balance of
$12,125.60 is due to Southeastern Municipal Bonds, Inc.
Commissioner Voss moved, seconded by Commissioner Holland and
carried unanimously, that $12,125.60 be paid to Southeastern Municipal
Bonds, Inc. for services rendered.
In answer to Commissioner Hasse, Fiscal Officer Giles indicated
that he has been working on this bill, noting that he has discussed
the matter with Southeastern and they have agreed on the $12,125.60.
093 PA'.t 65 Pelge.49
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APRIL 8, 19B6
Ite. fl8
CONTRACT WITH PRC CONSOER TOWNSEND FOR THB COUNTY'S REGIONAL ~TER
TREATMENT PLANT EXPANSION - APPROVED
Utilities Administrator Crandall 9tated that he formed a con-
sultant selection committee a few months ago under the BCC's direction
and that selection committee recommended PRC Conaoer Townsend for the
water treatment plant design. He stated that the BCC also authorized
the Utilities Administrator to negotiate a contract with PRC at that
time. He stated that the plant that is being proposed to be built is
a 6 million gallon per day expansion to the present 4 million gallons
for a total capacity of 10 million gallons a day, which will hold the
County until the year 1993 at which time it will have to be reviewed
again. He stated that the overall design of the plant is suppose to
go to 16 million gallons a day. He stated that the contract is for
200 days for the design and it will take another year after that date
for the construction.
commissioner Voss moved, .econd.d by commi.sioner Goodnight and
carried unanimously, that the contract with PRC Consoer Townsend for
.
the County's Region~ Water Treatment plant Expansion be approved.
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093' PA~E 94 APRIL 8, 1986
It.m 119
SELE~ION COMMITTEE TO DE ~ORKED CONSISTING 0., COUNTY A~TORNBY, FISCAL
OFFICBR AND COUNTY MANAGER TO WORK WITH .,INANCIAL ADVISOR RB
~BASIBILITY OF REFINANCING VARIOOS COUNTY BOND ISSUES - COMMITTEE
TO SELECT AN UNDERWRITER
Mr. Dave Fischer of Fischer, Johnson, Allen & Burke, financial
advisors to the County, stated that interest rates have fallen and the
bond issues that would have come out at 9-t' in December are entering
the market at about 7-*' which is a 2% drop and the most dramatic drop
in the history of the money markets and the swiftest drop.
Tap. '11
~Ir. Fischer stated that in the past they have been able to
advance refund bonds to take advantage of the drops in interest rates,
adding that there is one problem which was House Bill 38-38 that had
an effective date of January 1, 1986. He stated that the bill was
still pending and a few weeks ago, it was decided that the effective
date would be changed on some of the requirements of the bill until
September 2, 1986, or to the passage of a tax bill, whichever comes
first, He noted that this gives the County an opportunity to look at
some outstanding bond issues. He stated that there is the Capital
.
Improvement bond issue which was done last May at 9-3/8%, a Gas Tax
Bond Issue which was done about four years ago at 9-1/8\, and a
General Obligation Bond Issue that was done three or four years ago at
lOt. He stated that the bond issues were put into the computer to
determine how much of a savings there would be under current market
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APRIL 8, 1986
conditions and it was found that on the Capital Improvement Bond Issue
there would be roughly a $2 million savings over the life of the bond
issue, there would be an $850,000 savings roughly on the Parks &
Recreation Bond Issue, and on the Gas Tax Bond Issue, there would be
about a $596,000 savings, He stated that with the permission of the
BCC he would take a further look at these issues and could come back
and let the BCC know exactly what could be done, adding that if the
BCC likes the recommendation, he would proceed with ~he refundings.
Commissioner Voss questioned if the savings figutes are after
expenses, to which Mr. Fischer replied affirmatively, adding that the
cost is usually 2-;% of the bond issue.
In answer to Commissioner Hasse, Mr. Fischer stated that the cost
of issuing bonds is less, adding that in the past the cost percentage
was about 3%.
Fiscal Officer Giles stated that the amount of insurance that the
Courlty will be paying is around $300,000 and he questioned if a rating
could be obtained instead of paying the insurance?
Mr. Fischer stated that there is plenty of time and on the
general obligation the rating would be better, but on the sales tax
and the gas tax the insurance will be needed because they are less
pledges or security than the general Obligation.
Fiscal Officer Giles stated that it seems that the refinancing is
a good idea, but there is a lot of cos~ involved and perhaps a commit-
tee should review bids that are put out by the financial advisor.
.
&OO( 093 PACt '95 Page 52
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APRIL 8, 1986
Mr. Fischer stated that on all bids for the services, he goes out
for bid to find the lowest bidder, noting that on the insurers they
are pretty much locked in bec~use there are major rebates if the s~me
insurer is used. He stated that on the Utility issue, the l~st
underwriter gave the lowest cost for management fee and bond issuance
th~t he has ever seen since he has been in the business.
Clerk Re~gan stated that the total uses shows $33 million, noting
th~t the bond validation is up to $35 million and questioned if the
County refunds this issues does it increase the sizing of the issue
so that the County would not be ~ble to utilize that money for future
uses of c~pital improvements because the validation level is reaching
a cert~in point?
Mr. Fischer stated that in the cases of refunding the bond coun-
sel will say that it is not necessary to validate and those validation
numbers do not mean anything anymore.
Clerk Re~gan questioned if the County wanted to, could they use
an addition~l $5 million for capital improvements and still use the
original bond v~lidation?
.
Mr. Fischer replied affirmatively, adding that if the County
wanted new bonds, they would not have to validate again. He stated
that the validation was for the first bond issue, noting that once a
v~lidation has been issued, it is not necessary to go through that
process ag~in.
Commissioner Voss stated that as far as the need for jUdicial
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APRIL 8, 1986
money is concerned, there is a need to satisfy the needs of the
Constitutional Officers, adding that with the situation the way it is,
the amount of ihdebtedness could be increased with the same payments
that the County now has in order to get the projects completed.
Mr. Fischer indicated that it appears that the County could issue
an additional $4 million without a refunding which would be about $3.8
million net. He stated that with a refunding the payments could be
.
less than what they are now. .
Commissioner Voss stated that the necessary problems could be
taken care of and this is what should be done to get all the problems
of the Constitutional Officers out of the way.
County Manager Lusk stated that he agrees with Fiscal Officer
Giles as far as going through the selection for underwriters, adding
that a small committee chould be set up to evaluate price. He stated
that he would suggest that the committee be made up of the County
Attorney, the County Manager, and the Fiscal Officer.
Commissioner Pistor stated that Mr. Fischer will look at
borrowing additional money then.
Fiscal Officer Giles stated that borrowing additional money is
being considered, but lowering the annual payments is also being
discussed.
Clerk Reagan stated that Mr. Fischer and the committee need to
get together to look at the matter and then make a recommendation to ~
the Board.
aOOK 093 PAGE 97 Page 54
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APRIL 8, 1986
,
County Manager Lusk stated th~t it is obvious on the sales tax
that more money is needed as far as the courthouse is considered,
adding that on the jail bond the best thing that could be done would
be to lower the debt service.
Commissioner Holland stated that on the Park money the County
would simply be reducing the debt and questioned if there is any bond
money for the Road and Bridge Department, to which County Manager Lusk
stated that he needs to come back to the Commission with a recommen-
dation for either a project or to reduce the debt service and he needs
to talk with Tom Kuck or George Archibald to see if there are any pro-
jects that need to be funded that would be helpful.
Commissioner Voss moved, seconded by Commissioner Hasse and
oarried unanimously, that the Seleotion Co~itte. of the County
Manager, the County Attorney, and the Fiscal Offioer work with the
Financial Advisor on the feasi~ility of refunding the various ~ond
issues and determine which of these should be used to produc. addi-
tional funds to complete the projects scheduled and which should be
used to reduce the debt service, as well 8S selecting an underwriter
and report back to.the Board as soon a. po..ible.
Item '20 .
RESOLUTION 86-57 APPROVING AND AUTHORIZING THB CHAIRMAN TO BXECUTE
THE SETTLEMENT AGREEMENT AND THB RELBASB OF ASSIGNMENT AND OTHER
NECESSARY DOCUMENTS TO EFFBCTUATB THB SETTLBMENT RBGARDING THB BORAN,
CRAIG' SCHRECX CONSTRUCTION CO., INC. LAWSUIT - ADOPTED
Attorney Saunders stated that he has negotiated a settlement with
Boran, Craig & Schreck Construction Co. to settle all of their claims
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APRIL 8, 1986
evolving out of the Justice Center Construction project, adding that
the basic terms of the settlement is that the County will pay to
Boran, Craig & Schreck Construction Co. $l65,000 in full settlement of
all their claims. He stated that Boran, Craig & Schreck Construction
Co. will assign to Collier County any claims or causes of action that
they may have against any of the participants in the Justice Center
Project. He stated that the County agrees to pay the full sum of the
.
settlement within 10 days of the execution of the Settlement Agreement
and the Release and Assignment, adding that the purpose of the Release
and Assignment is simply that it is the County Attorney's intention to
pursue contribution from Heery Program Management, Ross/Ehrenkrantz,
Harry C. Partridge and the Bonding Company. He stated that by having
the Assignment Agreement executed the County can claim against those
entities not only the amount of money that will be paid in settlement
of this claim, but also any additional monies that Boran, Craig &
Schreck may have been able to claim against those parties which will
put a little more pressure on them to make contribution. He stated
that as far as the other Justice Center claims are concerned, he is
still in the process of negotiating with B & I on their claim, adding
that they are approximately $40,000 apart in the negotiations. He
stated that he is hopeful that they will come down in their demands
within the next several days and if so, he will bri~9 back another
document next week for that claim and ~f not, he will be faced with
litigating that particular claim. He noted that there are two other
;; 093 PA~r 99 Page 56
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IOOIC 093 PA~t 100
APRIL 8, 1986
potential claims both of which he feels are without merit, adding that
one i3 Madison Electric Company which has not yet filed a claim and
the other would be one of the Madison Electric subcontractors, ECSI.
He stated that ECSI has threatened to file a lawsuit against Madison
Electric which would potentially force Madison Electric into third
party in Collier County into that litigation, but in that event
Collier County would have some substantial defenses and it is not a
claim that the County should be concerned about. He stated that the
final claim involves Kraft Construction Co., adding that the same
lawyer that represents B & I is representing Kraft Construction and
the two claims have been separated and there have not been any
discussions concerning the Kraft Construction claim. He stated that
if the Board considers the above-referenced settlement to be satisfac-
tory, he needs a resolution approved authorizing the Chairman to sign
the Settlement Agreement, the Release and Assignment, and authorizing
the Chairman to sign any other documents that may be necessary to
effectuate the settlement.
Commissioner Voss stated that the $165,000 represents the settle-
ment and questioned ~hat the potential claim was, to which Attorney
Saunders stated that it was approximately $600,000.
commissioner Voss move~, seconded by Commissioner Hass. an~
oarried unanimously, that Resolution 86-57 approving and authorizing
the Chairman to execute the Settlement Agreement and the Release of
Assignment and other necessary documebts to effectuate the settlement
Page 57
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APRIL 8, 1986
regardinq the Boran, craiq , Schreck Construction co., Inc. lawsuit b.
adopted.
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~~D; 093 PAr,t 101
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093 Pl"t 10S
APRIL 8, 1986
Tape ~ 12
It81l 121
RESOLUTION 8'-58 AUTHORIZING TBB EXECUTION 0., TRZ LOAN AGRZEHZHT .,OR
SERIES 1985A BONDS AND 1985B BONDS; THB MORTGAGE SECURING 1985A BONDSI
AND AUTHORIZATION TO VALIDATE THE BONDS ~OR THB SOLID WASTB REVENUE
BONDS (RESOURCE RECOVERY CF COLLIER, INC. PROJECT) - ADOPTED
Attorney Saunders stated that this item is a house cleaning item,
but is one of great significance. He stated that in December when the
financing documents for the Solid Waste Resource Recovery were put
together, he advised the Board that all the major documents would have
to be re-done and he would be bringing them back. He stated that he
now has the documents for approval.
Mr. Fischer stated that when the bonds were issued in December,
they were put into short-term obligations with the idea that there
were other things that were necessary before the County could go into
a long-term bond issue. He stated that the money is in escrow and not
being spent. He stated that validation was needed and there were per-
mits needed for the plant as well. He stated that this is all being
worked on and what is being asked this date is to set the final stage
to go into validat~on. He stated that if these agreements are
.
approved this date, there would be a hearing in about 30 days and if
validated there would be another 30 day period and then in June, there
would be legal bonds. He stated that he expects the permitting to
taKe place by mid-August, adding that around the first of October will
be the time for the permanent bond issue.
In answer to Fiscal Officer Giles, Attorney Saunders stated that
Page 59
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APRIL 8, 1986
the County has an obligation under the Service Agree.nent to pay to the
Escrow Agent sufficient funds to cover all the debt service on that
$70.4 million bond issue, as well as the interest on the $l7 million.
He stated that the contract specifically states that there is no
general obligation in the sense of ad valorem tax obligation on the
County.
Commissioner Voss moved, seconded by commissionar GoOdnight and
carried unanimously, that Resolution 86-58 authorizing the execution
of the LoaD Agreement for Series 1985A Bonds and 19i5B Bonds; the
.
Mortgage securing 1985A Bonds; and authorization to validate tha bonds
tor the Solid Waste ReVenUe Bonds (Resourca Reoovery of Colliar, Inc.
proj ect) ba adopted.
....* CommiDsioner Hasse left the room at 4:05 P.M.
and returned at 4:07 P.M. *****
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aDDK 093 PAGE 10.9
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APRIL 8, 1986
Item 122
ROUTINE BILLS - APPROVED FOR PAYKF.NT
Pursuant to Resolution 8l-150, the following checks were issued
through Friday,' April 4, 1986~ in payment of routine bills:
CHF.CK DESCRIPTION CHECKS NOS. AMOUNT
Vendors 141114 - 141677 $3,6138,767.24
BCC Payroll 027461 - 028051 $ 271,790.83
Item 123
BUDGET AMENDMENTS 86-212/228 - ADOPTED
commissioner Voss moved, secon~ed by commissioner Goodniqht and
carried 4/0, (Commissioner Basse out of the r?om), that Budqat
Amendments 86-12/16; 86-24/25; and 8'-28 be adopted.
commissioner Goodnight moved, .econded by commissioner Voss and
carried 4/0, (Commissioner Basse out of the room), that Budget
Amendments 86-217/223 and 86-226/227 b. adopted.
Item '24
REPORT PRESENTED ON THE 1985 COMPREHENSIVE ANNUAL FINANCIAL REPORT
Fiscal Officer Giles gave a brief review of the 1985
Comprehensive Annual Financial Report which he presented to the Board.
,
Commissioner Pistol" stated that a fine jOb was done on this
annual financial report.
Item 125
RESOLUTION 86-59 APPROVING CONTRACT FOR COUNTY ATTORNEY KEN CUYLER _
ADOPTED. ASSISTANT COUNTY ATTORNEY B~UCB ANDERSON'S SALARY ADJUSTED
Commissioner pistor stated that he wrote a memo reqardinq this
matter, notinq that after he spoke with county Attorney SaUnders
093' PAG[ 221 paqe 61
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APRIL 8, 198&
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reqar~inq his position and that ot the other attorney'. in the offioe,
he woul~ like to have Mr. Xen CUyler appointed as the County Attorney.
Re state~ that he has a contract identioal to Mr. Saun~ers oontract
that would appoint Mr. Xen CUyler as the County Attorney and Mr. Bruoe
Anderson as the Assistant County Attorney. Re stated that he n.e~s a
~eoision of the Boar~.
commissioner Voss Dove~, seconded by commissioner goo~niqht and
carrie~ unanimouslY, that Resolution 86-59 approving the oontraot for
Mr. Xen Cuyler as th~ county Attorney at a .alary of $55,000, without
a vehiole, be adopted an~ that Mr. Bruoe Anderson as Assistant County
Attorney at a salary of $44,000, without a vehicle, b. approve~.
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APRIL 8, 1986
Itell ':U
STAFF DIRECTED TO LOOK INTO PREPARING A SPECIAL ZONING ORDINANCE
DEALING WITH S~LL TRACTS OF LAND FOR PROFZSSIONAL OR O.,.,ICB USB AND
TO REPORT BACK TO THE Bce
Commissioner Voss stated that throughout the County there are
small tracts of land less than five acres that are in areas that are
not suitable for residential, adding that they are also too small to
be set up as a Planned Unit Development. He stated that he is
suggesting that Staff come up with a special zoning ~i8trict which
.
would be strictly for professional which can accommodate the small
tracts of land around the County.
Commissioner Voss aove4, secon4ed by Commissioner HaSS8 an4
carrie4 unanimously, that Staff be directe4 to look into preparinq a
special zoning ordinance dealinq with slIall tracts of lan4 tor pro-
fessional ottice use and to report baok to the Board.
Item 127
RESOLUTION 86-'0 URGING XZMBERS OF THI FLORIDA CONGRESSIONAL
DELEGATION TO WORK FOR LEGISLATION TO AMEND 28 UNITED STATES CODE
SECTION 89(0) TO PROVIDE FOR THE SOUTHERN DISTRICT TO HOLD COURT AT
NAPLES, FLORIDA - ADOPTED
Commissioner Voss move4, seconde4 by Commissioner Hasse and
carried unanimOUSly, that Resolution 86-60 urqinq members ot the
Flori4a conqressional Delegation to work tor leqislation to &mend 28
united States Code Section 89(0) to provide for the Southern District
to hold oourt at Naples, Flori4a, be adopted.
Page 63
MOl( 093'm! ?Z7
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ezL '~lC , .~:230 APRIL 8, 1986
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Item 128
RESOLUTION 8'-61 URGING THB FLORIDA HIGH SCHOOL ACTIVITIES ASSOCIATION
TO MODIFY ITS CURRENT POLICY TO AUTHORIZB FBMALB FAST PITCH SOFTBALL
AS A SANCTIONED SPORT AND SUPPORTING HOOSB BILL 90 AND SENATB BILL 45
- 7.DOPTED
cOllllllissioner Voss moved, seconded by cOllllllissioner Ooodniqht and
carried unanimously, that Resolution 86-61 urqinq the Florida Hiqh
School Activities Association to modify its current policy'to
authorize female fast pitcb softball as a sanctioned sport and sup-
porting Bouse 15111 90 and Senate 15111 45 b. adopted.
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APRIL 8, 1986
Item 129
TRAVDL REQUEST FOR COMMISSIONERS PISTOR AND GOODNIGHT T~ ATTEND NACO
MEETING IN LAS VEGAS IN JULY AND FOR COMMISSIONER PISTOR TO ATTEND
THE BACC MEETING IN PAT.H BEACH COUNTY IN JUNE - APPROVED
Commissioner Pis tor stated that he put this on the agenda because
now is the time to sign up for these meetings, adding that he is
planning on going to the NACO meeting in Las Vegas and he has a Board
of Directors meeting of SACC which is late in June i~ Palm Beach
County. He stated that if any other Commissioners wo~ld like to go to
the NACO conference, it should be stated so that the travel can be
approved.
In ans~er to Commissioner Hasse, Commissioner pis tor stated that
the longer a Commissioner waits, the higher the cost.
Commissioner Voss stated that if anyone wants to go, they can
indicate such and then change their mind at a later date if they can-
not make it.
Commissioner Voss and Commissioner Holland indicated that they
.
would not be going and Commissisoner Hasse indicafed that it is doubt-
ful as to whether he would go.
Commissioner Hoiland moved, seconded by Commissioner Voss and
carried unanimously, that the travel request for CommissioD,r Pistor
and Commissioner Goodnight to attend the NACO meeting in Las Vegas in
July and for Commissioner Pistor to attend the SACC~eeting in Palm
Beach County in June be approved.
Page 65
&DDK 093'p~j!233
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APRIL 8, 1986
Item _30
DISCOSSION REGARDING RECONSIDERATION or REARING DATE rOR PROJECT AT
CORNER 07 GOLDEN GATE PARXWAY AND C.R. 951 - NO ACTION TAKEN
Commissioner Voss stated that the petitioners asked if he would
bring this matter up before the Commissioners to see if they would be
willing to reconsider this project.
Commissioner Hasse stated that the previous item regarding these
small tracts of land that Staff is going to investigate may resolve
this problem. He stated that the public has already been told that
this matter will be continued until the fall and a lot of those people
arc not available again until the fall.
Tape 113
Mr. David Lee, representing Par One Homeowners Association,
stated that the people feel strongly enough about this issue for him
to stay throughout the meeting to speak on it. He reported that this
item was postponed until the fall and the people are relying on that
decision, He noted that it would not be appropriate to change that
action.
Mr. George Ke~ler, President of Collier County Civic Federation,
stated that this wa~ discussed at their last meeting because there
was a rumor that this was going to be brought up. He referred to a
letter from the Civic Federation which indicated that they are not in
favor of changing the November 11, 1986, public hearing date. He
noted that by Changing that date it would constitute a breach of faith and
Page 66
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APRIL 8, 1986
damage the integrity of the Commission.
Commissioner Goodnight stated that when they voted to put this
matter off until November, she felt that it would not be brought up
again until said time.
County Attorney Cuyler stated that no motion is necessary under
the circumstances, adding that if the Board does not make a motion, it
will not be reconsidered and the Board's original action will stand.
commissioner pistor state4 that it seems to be ~he consensus of
the Board that this item will not be reconsidered at ~his time and it
will be brought up again in November as originally indicated.
..... Commissioner Voss moved, seconded by commissioner Hasse
and carried unanimously, that the following items under
the Consent Agenda be approve4 and/or adopted: .....
Item '31
BUDGET AMENDMENTS TRANSFERRING REMAINING REVENUES FROM FUND 311, 1981
ROADB/BRIDGEB/DRAINAGE/CAPITAL IMPROVEMENTS TO FUND 313 ROAD
CONSTRUCTION 5TH , 'TH CENT GAS TAX
Item '32
LUMP SUM CONTRACT AMOUNT 0., $8~,~66.~O FOR CONSULTING ENGINEERING
SERVICES PERFORMED BY HOLE, MONTES , ASSOCIATES AND RELEASB OF FINAL
PA YHBNT IN THE AMOUNT OJ' $4,223.32 J'OR IMPROVEMENTS '1'0 PINK RIDGI! ROAD
(JCT. OAKS BLVD. TO JCT. C.R. 951)
Item 133
LAKE '1'RAFFAORD MEMORIAL GARDENS CEMETERY DElOS f~50, 451, 452 AND ~53
s.. pag-es ,;? tJ/ - :J 4-,/
It.. f3 ~
CONTRACT WITH KILL-I'1' CORPORATION 'l'O PERFORM ROADWAY MILLING ON GOLDEN
GATE BLVD. FROK WILSON BLVD. '1'0 22ND ST. - AMOUNT NOT '1'0 EXCEED $~,200
"
093 W,t235 Page 67
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UJ APRIL 8, lU6
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Itelll 135
ACCEPTANCE 0., DRAINAGE AND ROADQY EASZMlmTS FROM BEL-nR, INC. IN
SEC. 19, T50S, R26E, TRACT'''N'' or ?:HI L!:LY GOL., !:STAT!:S TRACT MAP
Item 1315
.,InL ACCEPTANC1!I 0., VICTORIA nak nST, PXASB on AND RJ!:LEASEl 01'
CONSTRUCTION SECURITY (BOND KO. 524-'0-'3 PROM THE "IRJ!:MAN'S FUND
INSURANCE COMPANY IN THE AMOUNT 01' $101,211.93)
Item 137
CONCEALED WEAPON PERHIT NO. ""'7 ISSUED TO 7.NTHONY V. TOSC7.NO
Itelll 138
BID '815-942 FOR TWO UTILITY TRAILERS FOR PARXS , RECREATION DEPARTMENT
- AWARDED TO JOHNSON TRAILER SALES I'OR A TOTAL BASE BID 01' $4,592
Legal notice having been published in the Naples Daily News on
February 24, 1986, as evidenced by Affidavit of Publication file~ with
the Clerk, bids were received for two utility trailers for the Parks
and Recreation Department until 2:30 P.M., March 12, 1986.
It.. 139
COURTHOUSE GROUNDS MAINTBRANCB CONTRACT WITH GAOODWIN LAWN MAINTENANCE
AMENDED TO INCLUDB THE MARCO ISLAND SHBRIYF'S SUB-STATION 70R AN
ADDITIONAL $150 A MONTH 70R A TOTAL 07 $1,200 70R THE MONTHS 07
FEBRUARY - SEPTEMBER
See Page ~.t./.S
.
Item 140
.
CONTRACTUAL AGRJ!:EMENT WITH STATE 01' I'LORIDA~ DIVISION 0., LIBRARY
SERVICBS I'OR LIBRARY SERVICES AND CONSTRUCTION ACT PROGRAM GRANT
TOTALING $8,000
See Pages ,3.-'/t -';;51
Itelll In
NEWLY CONSTRUCTED WATER FACILITIES ACCEPTED TO SERVE THE. NEW I'IRE
STATION CONSTRUCTION ON S.R. 951 - SUBJECT TO STIPULATIONS
Page
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APRIL 8, 1986
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1- The legal documents are found to be legally sufficient
by the County Attorney.
Recorded in O.R. Book 1188, pages 0283-0292
Itelll "'2
ACCEPTANCE OF SEWAGE TRANSMISSIOK FACILITIES THAT SERVE COURTLAND
PLAZA AND THE VEGA, BROWN, NICHOLS, STANLEY' MARTIN COMPLEX PURSUANT
TO THE EXISTING ASSIGNABLE LEASE WITH EAST NAPLES WATER' SYSTEMS, IHC.
Recorded in O.R. Book 1188, Pages 0323-0329
Itelll "'3 .
UTILITIES DIVISIOR CARGO VAX - AWARDED TO BOB TAYLOR CHzvROLET IN THB
AMOUNT OF $7,850
Itelll '44
ACCEPTANCE OF NEWLY CONSTRUCTED WATER AND SEWER FACILITIES TO SERVB
GREENTREE SHOPPING CENTER - 8UBJECT TO STIPULATIONS
1. That all legal documents are found to be legally
sufficient by the County Attorney.
Recorded in O.R. Book 1188, Pages 0302-0322
Itelll "'5
RESOLUTION CWS-86-1 AUTHORIZING LOCB LOUISB TO CONNECT TO THB COUNTY'S
WATER AND SEWER SYSTEMS
See Pages ~ SC) - o1S.3
Itelll 146
AGREEMENTS APPROVING CONTINUING PARTICIPATION IN THB FEDERAL SURPLUS
PROPERTY PROGRAM
See Pages .d)St).-.;2 ~d....
f
Itelll '47
ADDITIONAL ZONING INVESTIGATOR POSITION IN THE BUILDING CO DB
COMPLIANCE DEPARTMENT
093' PA~t 237 Page 69
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APRIL 8, 1986
Italll '48
CERTIFICATES FOR CORRECTIOR TO THZ TAX ROLL AS PRESENTED BY PROPERTY
APPR1.ISER
1979 TAX ROLL
670 - 673 3-19/4-1-86
1980 TAX ROLL
628 - 629 3-31/4-1-86
1983 TAX ROLL
384 - 385 3-18/3-21-86
1984 TAX ROLL
241 - 242 3-18/3-21/86
1985 TAX ROLL
7 3-5-86
C/C8 3-5-86
158 - 160 2-28/3-5-86
167 - 177 3-18/3-27-86
179 3-26-86
TANGIBLE PERSONAL PROPERTY
1ill
1985-150/159 3-20/4-4-86
.!2ll
6 3-5-86
178 3-27-86
It.m '49
EXTRA GAIN TIME FOR INMATE NOS. 36736 AND ~885~
Item '50
MISCELLANEOUS CORRESPONDENCE - PILED AND/OR REPERRED
There being no~bjection, the Chairman directed that the following
miscellaneous correspondence be filed and/or referred to the various
departments as indicated below:
1. Letter received 03/24/86 from Douglas L. Fry, DER, enclosing
short form application (File No. 111174535, 111174435 and
111174725) which involves dredge and fill activities.
Referred to Vickie Mullins, Dr. Proffitt and filed.
2. Letter dated 03/24/86 from Douglas L. Fry, DER, enclosing
short form application (File No. 111174435 and 111176445)
which involves dredge and fill activities. Referred to
Vickie Mullins, Dr. proffitt and filed.
Page 70
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APRIL 8, 1986
3. Notice dated 03/18/86 from Henderson, Franklin, Starnes &
Holt re Settlement Hearing by Chad. J. Motes re claimant
Charlie Stoner, Employer BCC, Carrier Gallagher Bassett, Inc.
O/A 03/30/81 advising that settlement of Workers'
Compensation will be on Friday, April 4, 1986 at City Hall.
Referred to Burt Saunders, Sherry Rynders, Personnel and
filed,
4. Minules of CCPC of 03/06/86 and agenda for 03/20/86. Filed.
5. Letter dated 03/24/86 from Sheila Miller, Oept~ of Revenue,
advising that on 01/13/86 they issued a notice to our Agency
concerning Covernmental Leasehold Estates, and to date have
not received a response. Copy of original forwarded to
Ken Cuyler to be answered within 15 days. Filed.
.
6. 01/06/86 memorandum from Sheriff Rogers re Fpurth Quarterly
Report, and Sheriff's Confiscation Trust Fund, FY 1984-85.
Referred to Lori Zalker and filed.
7. Letter dated 03/03/86 from Edwin J. Hill, Jr. Director of
Administration, South Florida Water Management District,
submitting a certified copy of the 1984-85 Audit Report of
the South Florida Water Management District. Filed.
8. Copy of letter dated 03/06/86 from Toby Wagner, Southeastern
Municipal Bonds, Inc. to Mr. James C. Giles, Fiscal Officer,
re $24,200,000 Collier County, Florida Water and Sewer
- Revenue Refunding Bonds, Series 1985, and enclosing a copy of
the cOntract entered into on OS/22/84, along with invoice
sent to Don Lusk 01/09/86. Filed.
9. Summary of Hydrologic Conditions received 03/21/86, prepared
by the Resource Regulation Department of the SWFWMD, Jan.'86.
Filed.
Item 151
RATIFICATION 0., PROPOSED RRS CONTRACT BNTITLBD "AKBNDKEN'1' TO CONTRACT
NO. HE-314" FOR CHILD SUPPORT BNJ'ORCEKENT
See pages :2 C, '3 -.;'l t 7
aOOK 093fA~!23,9 Page 71
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;1ll 093nr.t.240 APRIL 8, 1986
, it:
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There being no further business for the good of the County the
meeting was adjourned by order of the Chair: 4:40 P.M.
BOARD OF COUNTY COMMISSIONERS;
BOARD OF ZONING APPEALS/EX-
OFFICIO GOVERNING BOARD(S)
OF SPECIAL DISTRICTS UNDER
ITS CONTROL
f? AUt-
A. PISTOR, CHAIRMAN
ATTEST:
WI,~~ I~ ."!..p ~EA~AN, CLERK
"...' .... -~c '
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':"1;.e~;'.~~l'riii'E~s$pproved by the ace on ~ /~ /~?6
a: !'pr.~~"" ~ or as corrected .
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