BCC Minutes 06/04/1985 R
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Napl.., Florida, June 4, 1985
LET IT BE REMEMBERED, that the Board of County Co..i..toners in
and for the County of Collier, and al.o acting a. the Board of Zoning
Appeal. and a. the governing board(.) of .uch .pecial di.trict. a. have
been created According to law and having conducted bu.tnesa herein, met
on this date at 9100 A.M. in Regular Se..lon in Building "F" of the
Courthouae Complex, Eaat Naple., Flor ida, with the 'following membera
preaent.
CHAIRMAN. FredericK J. Vo.s
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VICE CHAIRMAN 1 John A. piator
Max Haase
C. C. "Red" Holland
A."me Goodnight
ALSO PRESENT 1 William J. Reagan, Clerk, James C. Giles, Fi.cal
Officer, Maureen Kenyon, Elinor Skinner (2100 P.M.) and Virgin!a Magri
(~IOO P.M.), Deputy Clerk., Donald B. Luak, County Manager, Burt L.
'aundera, County Attorney, Neil Dorrtll, A.at.tant County Managert Paa
Brangaccto, Deputy Assiatant County Manager, Tom Kuck, Public Works
Administrator, Vickie Mullins, Acting Community Cevelopment Admini-
.trator: Ann McKim, Acting Zoning Director: Don Norton, Public Service.
Admini.trator: Tom Crandall, Utilities Administrator: Dr. Edward
Proffitt,. County Environmentalht: Nancy I.raelson, Admtnhtrative
A..tatant to the Board, and Deputy Chief Raymond Barnatt, Sheriff'.
Department.
aO~·K , 087 PAG£ 3'81
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AODJ)A .. APtJ.OYSD WITH CHAIIGZS
June 4, 1985
Coast..'oner P'.tor aoveð; .econded by Coaal..loner Goodnight and
carr'ed unantaou.ly; that the agenda be apprOYed w'th the 'followtng
chang...
A. Ite. 16A(5) moved to IOA(6) SNR a5-4C - Requeated by County
Manager.
B. Ite. 10E(3) Diacu.aton of emergency helicopter repaira - Added
by County Manager.
C. Item lID - Discusaion of arbitration fees re American
AIIbulance - Added by County Attorney Saunder~.
D. IteM 13C - Apprai.al of extension office property - Added by
County Manager.
E. Item 13D - Discu..ton of worKshop date of 6/13/85 - Added by
County Manager.
F. Item l3E - Discussion of water aupply - Added by Commissioner
vo...
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MIRUTKS OF MAY 7; 1985 - APPROVED AS PRZSEKTED
co..a..toner pa.tor aoved; .econded by Coaaa..loner Goodnagt.t and
carr'ed unan'aoa.ly; that the .inute. of May 7; 1985; be approved a.
pre..nted.
It.. 13
PItOCLAMA'I'IOJl DISIGNA'I'IJlO JU1fI; 1985 AS -ADOP'I'-A-CAT MOHTH- - ADOPTED
Upon readang of the ProcJa.ataon; Coaaa..loner Vo.. moved;
..cond.d by eo.....toner BOllAnd and c&rrl.ð unAnlao~^ly; that June;
1985; be de.lgnated A. -Adopt-A-C.; Mont~·.
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June 4, 1985
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CLAJt.ICB STJtOBLB UCOGlIIZBD AS EMPLOYEB OF THB MOI'TB 1'0. .run:, 1985
Commis.ioner Vo.a presented Clarice Stroble, Administrative
Secretary to the Public Services Administrator, a plaque and a letter
recogni~tn9 her aa omployee of the month for June, 1985.
It.. '5
OltDl~E 85-21' RB 'BTI~IOH PDA-8S-1C~ BILL VIRBS~ REPRESEBTISO LBLY
BS~ATBS RE AMØDISO '!'BE BAREFOOT BEACH PUD - ADOPTED WITH 8TIPUI...A~I0Jr8
Legal notice having been published in the Naples Daily ~ews on
April 19, 1985, as evidenced by Affidavit of Publication filed with the
Clerk, public he~ring was continued from ~ay 21, 1985, to consider
Petition PDA-85-1C, Bill vines, representing Lely Estates requesting
amendment to Barefoot Beach PUD, located along the northerly 2 miles of
beachfront in Collier County at the westerly end of Bonita Beach Road,
to increase the number of units from 499 to 713 and amend the site
plan.
Acting Community Deve1opll,el.1t Administrator Mullins stated that
thia has been heard before and therefore, it is not neceasary to go
over all the details again. She noted that Staff's concern is for the
future welfare and safety of the cit~zens of Collier County. She
stated that the original recommendation was for no residential
development on Tracts "F" and "G", adding this recommendation creates a
.ituation of hardship for the develop~r. She reported that Staff
auggested many avenues to be explored toward the goal of co~¡¿romise,
but the developer indicated that none of , ~ al~ernatives were
financially viable or acceptable. She stated t¡.;.~ ~ld concerns re:'llain
unaddressed, like the potential for severe storm damage, fire
protection, migrating passes, regulatory controls, questior.able
densities for environmentally fragile areas and new concerns are that
the DNR is requesting that the Commission delay this matter until they
have had a chance to review it, the possibility that the area is a
development of regional impact, and community coucerns like health,
safety and welfare.
Dr. Proffitt, County Environmentalist, stated
existed at the low part of the peninsula which was
adding that the Pasa existed as far back at lR80.
that in 1952 a pass
cloaed in 1962,
He noted that a
large stor~ or hurricane could open the pass again. He stated that
regardless of pass for~ation, a large storm or hurricane could cause
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June 4, 1985
beach erosion and severe destruction of human habitation in the area.
He noted that a letter from the Department of Community Affairs and the
U.S. Department of Interior stated that the area Is on the list to be
included as an undeveloped coastal barrier that ahould be exempt from
federal subsidies of flood insurance because it is a hazardoua area.
He stated that this is a way to:discourage development on these sites.
He noted that there will be a ptb1ic,hearing on this area and others in
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the State in Fort Myers on Jun~ 6, 1985, and the proposed recom-
mendation to the Secretary of Interior is that this peninsula be
considered too hazardous an area for the Federal Government to give its
blessing for any development. He stated that he is requesting that
this petition be denied or that a decision be postponed until the State
haa had a chance to review this matter.
Acting Zoning Director McKim stated that these petitions were
continued at the May 21st meeting to allow Staff to evaluate the
petitioner's proposal presented at that meeting as w~ll aø to work with
the petitioner to identify other satisfactory alternatives. She stated
that on May 24th, Staff met with the petitioner's consultants and Mr.
vines presented the revised site plan according to the proposal
presented to the Board on May 21st. She indicated that Staff does not
recommend approval of tha proposal for the ~ame reasons that Staff did
not recommend approval of the original proposal. She stated that at
that meeting Staff presented alternatives which together, present a
viable alternative, adding that it should be noted that ~"f'.is is not
Staff's recommendation, it is Staff's ~ ~atr~t effort& for a compromise
and is only suggested in the spirit of ~ comp~v~ise. She noted that an
alternative was that the Condo site, the Platted Area, and Tract "D"
would remain as presented. She indicated that another alternative was
to expand Tract "E" to includ~ approxi~ately the north one-third of
Tr~ct "F", adding that Staff did not put a limit to the height and
number of units. She stated that the current approved PUD allows 209
baachaide units and Staff's compromise attempted to equal this, if not
exceed it. She noted that an~thÐr alternative was to develop Tract "L"
which 1. 22.86 acres, adding that the north half of Tract "L" could be
developed in multi-family units. She reported that with develop:'1,mt of
Tract "L", the petitioner could realize at loast 1-1/2 times as many
beachfront units as presently approved, and possibly as many as
pres3ntly requested, adding that however, the most hazardous area of
the beach front would not b. developed. She stated that the remaining
&O~K 087 PA~[ 3'91'
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two-thirds of Tract "F" and Tract "K" could be used by the developer as
a private beach with non-perManent recreational structures and Tract
"G" could be used as Tract "F" and "K" or donated to the State or
County. She indicated that the remaining units requested by the
petitioner could be located on Tracts "H" and "I", which are the back
b.y t.act;. She =t~tc~ th~t S~~ff, ~= ~n i~c=~t!v= tc the d~v~lop~r,
even suggested as part of this compromise a possible increase in units
Over what is being requested. She noted that the petiticner's
consultants felt that these were viable alternatives and another
meeting was set for Hay 29th to allow the connultants time to di~cuss
these viable alternatives with the ?~titioner and revise their plans,
adding that the meeting was cancelled by the petitioner. She stated
that the petitioner W~~ unwilling to worK with Staff on a comproMise,
noting that the original recommendations of stAff and CAPC found in the
original Executive SumÐary rematn the same. She reported that in
considering the petition., the Board needs to be aware that some items
are unresolv-.d, and the PUD documents for both petitions have not been
amended, addinq that she understands that they were amended this date,
but she has not received a copy of it. She noted that the Southwest
Florida Regional Planning Council had expressed their concern to staff
that this development is ,\ classic Development of Regional Impact. She
stated that becau8~ of its location on the Lee/Collier County line,
hurricane evacuation is a Key issue as well as roads, development of
undeveloped barrier beaches and fire protection. She noted that the
Department of Community Affairs wi:" be reviewing thr ~¡,ans and will be
requesting a binding letter or reql..11..¡:,:; ,~I re""!ew, adding that
although the project does not meet tne threshold for units, its
lccation at the Lee/Collier County Hne as well as its barrier beach
proposed development could trigger a Development of Regional Impact.
She stated that the County reviews rezones and DRI's together ~nd by
approving this rezone of property that is determined to be ð DRI prior
to the project being reviewed by the Regio~, the Board would be setting
a precedent. She indicated that if the State should deter~ine that
this project is a DRI, the rezone may be meaningless and an injunction
could be placed on the development and all construction halted. She
indicated that this has occurred in neighboring counties and
demonstrates that matters are best addressed and resolved th:cugh the
established procedures. She reported that the Division of Beaches and
Shores, Department of Natural Resources, has notified the County that
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June 4, 1985
they would like to review the proposed modifications to Barefoot Beach
prior to Board action to determine the effect the proposal may have on
the variance and the Declaration of Protective Covenants. She stated
that the Coastal Barrier Resources Act of 1982, passed by the U.S.
Congress and .igned into law by President Reagan, precludes certain
Federal Subsidies for Dev~lopment on Undeveloped Barrier Beaches. She
noted that wh~n this law was pa~sed in the early 1980's, Lely Barefoot
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Beach was not included becaus~ it was already zoned PUD and a few
house. had been ~u1lt, adding 'that this means that it was then, and
currently still is, eligible for Federal su=~idies for flood insurance.
She indicated that, however, Staff has received notice from the Florida
Department of Community Affairs, that as of February 15, 1985, the U.S.
Department of the Interior has included a large portion of this Coastal
Barrier, including much of the proposed development, as possible
addition. to the list of Coaatal Barriers that are not eligible for
Federal sUbsidies. She noted that this means that the Coastal Barrier
study group of the Department of the Interior will recommend that Lely
Barefoot Beach not be developed unless they are convinced otherwise by
June, 20, 1985. She reported that Elton Gissendanner of the Save our
Coast Program, Department of Nat'~ral Resources, requested that Collier
County notify them of any local action that might affect Barefoot
Beach's suitability for outdoor recreation since it has bep.n placed on
the 1985 State Recreation and ParKs Land Acquisition List. Sh~
indicated that the proposed rezoning will snge the property'a
suitability for outdoor recreation and Staff 11.':'._" .Jot h.-:d a ch;'lnce to
discuss the proposed project with DNR. Sill! noted that with reference
to fire protection, North Naples Fire District is unable to adequately
serve most of Tracts "F-, "G" and ,"L" because of the distance from the
fire station as well as water pressure and volume. She indicated that
Bonita Shores/Little HicKory Volunteer Fire DistI'ict has also expressed
concern over water volume and pressue and the petitioner has alluded to
the fact that these problems can be resolved. She stated that the
County has received no commitments from the petitioner to resolve such
problems. She indicated that Staff cannot recommenù th~t th~ Board
rezone any property with these types of unaddressed concerns of local,
state and federal agencies and therefore, recommends that the Board
either deny the petitions or continue thd petitions to allow the
patitioner and all agencies tiMe to address and adequately resolve all
of the.e items.
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June 4, 1985
Mr. William Vines, repre.enting the petitioner, stated that there
have been a number of ~eeting. with the Staff but there has been no
compromise. He stated that Staff did a fine job with reference to this
petition. He stated that the existing Barefoot De~ch wn. approved in
two parts by two different PUD's, adding that 499 units were approved
in the first PUD and 220 units were approved in the second PUD for a
total of 719 units. He stated that of the 719 units approved 148 were
approved to go in a non-beach location and 571 were approved to go on
the beach. He stated that an increase from the 719 unit. to 823 units
i. proposed, which is an increase of 104 units which is 14\. He stated
that the beach area over which the ¡n4 units are to be spread is 2
miles long. He stated that w~at is approved now is a 220 unit condo
complex on the beach plus 351 single ,family residences on the beach and
148 single family residences not on the beach. He noted that the
changes that are requested involves shrinking the beach front condo by
half its units from 220 to 110, shrinking the non-beach 148 units to
130 and increasing the units that would be spread out into single
family homes and villas and smaller condos along the 2 miles of beach
to 573 units which adds up to the 823 unit total which is whöt is
requested. He noted that the re-distribution of units will increase
the number of units on tr.~ beach from the permitted 571 to the proposed
683 which is extremely low beachfront density spread over two mile. of
beach.
Tape ,:2
Mr. VinelJ stated that all the ·'velopment propor¿d will fully
comply with all county, state and fedu~~: ¡~ws ~nd regulation= relating
to wetlands protection, coastal setbðcks, minimum floor elevations, and
the like. He noted that State and Federal Coastal Darrler regulations
will apply to Barefoot Beach as well as to all other beachfront lands.
He noted that with reference to the amended PUD documents, there has
been a number of suggested modifications of the final action by the
Board and pending final action by the Boarà, this document will be
given to the Staff. He noted that with reference to utilities, there
is a lengthy ltst of commitments to be made by the Developer an~
co~mitments h~vc b~cn rn~ð~ to me~t all of the Util!t!~= ==quc~~=. Re-
gardtng fire protection, he said that Staff is correct when they state
that North Naples Fire District cannot serve the south end of Barefoot
Beach. He noted that it is not practical and it is obvious that the
entirety of Barefoot Beach and the state-owned land south of Barefoot
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Beach .hould be 1n the Little Hickory/Bonita Shore. District, adding
that if this requires some sort of initiation by the developer, they
will be glad to take care of this. He stated ~hat with regard to the
adequacy of fire flows and provisions of fire protection, the County
Utilities has required that commitments be made to provi~e the
nece..ary on-.ite storage tank, booster pumps or whatever is necessary
, ,
to .atisfy fire rèquirement. and the commitments have been made. He
stated that he 1s requesting a~provai.
Commissioner Voss questioned if there would not be any homes built
in the area where the pass ' used to be, to which Mr. Vin~. replied that
if an area can be identified as vulnerable for pass break through, the
boundaries could be established and guarantees would be made that no
residence. would be construct~d in the ar~a.
Commissioner Voss questioned if residents would be kept off the
area that had been a pass at one time, to which Mr. Vines stated that
he is .ure the petitioner would answer in the affirmative.
In answer to Commissioner Hasse, Mr. Vines indicated that the
variance is not pertinent to the rezone, recognizing that it may be
necessary to ignore the variance and place all the future construction
behind the coastal control line. Mr. vines stated that ths State's
requirement for Coastal Construction will have to be met as well as the
Federal regulation~.
Acting Zoning Director McKim stated that these types of iSßues are
usually addressed prior to rezoning app~oval because the:.~ are a
certain number of units for a certain 1111','lnt of land and if the coastal
construction setback line is moved la~1ward, tn~re would be less
buildable land, adding that there is ftO way of looking at this petition
without knowing where the coastal construction control line i..
Commissioner Holland stated that the plans cannot be done until
there is approval and then the plans have to be brought back through
all the agencies for approval.
Commissioner Pistor questioned if the coastal construction control
line i. .et or not, to which Dr. Proffitt stated that the coastal
construction control line was established by the Department of Natural
Resources, but in this particular case alollg Barefoot Beach, there i. a
variance that goes up to about 5S feet closer to the ocean. He stated
thðt if the line is shifted b~ck, there will be n number of beachfront
tracts that cannot be ~sed for the number of units that they want.
Mr. Vines stated that the coastal construction control line i. not
am 087 Wl"3'!J5
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to be modified, adding th~t the question is whether the variance
previously i.sued would be applicable in the case of structures other
than lingle family home.. He stated that this question has not been
answered, adding that if the variance Is not applicable it can not be
used and the units will have to go beyond the control line.
Acting Community Development Ad.inistrator Mullins stated that if
the coastal construction control line changes, this effects the amount
of land that is buildable, therefore, not as many units could be built
if there i. not as much land.
Commissioner Goodnight stated that according to the Coastal
Barrier Resource Act of 1982, there is a good possibility that this
area Is not going to get Federal flood insurance and queationed if the
petitioner is prepared to tell the consumera that they are not going to
be able to get flood insurance? Mr. Vines replied afftrmattvely,
adding that all the facts will be presented, noting flood insurance is
available in tho areas where building is lawful on coa~tal barrier
islanda not eligible for th~ Federally backed flood insurance. Mr.
Vines stated that private companies sell flood insurance and there is
an additional premium which is one of the extra costs of living on the
beach.
Mr. George Vega, attorney for the project, stated that with
reference to the pass, the developers are willing to commit at the
present time that they will not build where the pass is located, adding
that the County Engineer and the Developer's Engineer could set th~
boundaries for this pass as well as the second pass. He ~u~ed that at
the last public hearing there was a quae.'on ~f a beach to be given at
the eouth end of the project, adding ~hat th1. ~~ a mute point and it
is not betng addressed or discussed at this time. He stated that with
reference to the coastal construction control line, it is not a line
that effects the zoning and they would like to proceed with the
petition.
Commissioner Voss stated that there has been a lot of discu..ion
regarding the total number of units which is 823 and questioned If the
petitioner is prcpared to make any change in that, to which Mr. Vega
stated th~t th~re was some question regarding a DRI that was discussed.
He noted that the new DRI standards as of last week is that if the
development is b~low 80\ of the numerical threshold, then it will not
be required to undergo development of regional impact review, adding
that if the units ar~ 800 and below, the review is not necessary and if
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June 4, 1985
it 1a above 120\, then the review is necessary. He stated that if the
percent is between 80 and 100\, there is a presumption that it. øhall
not be required to undergo the review. He alated that this development
i. in the rebuttable presumption area, adding that he does not believe
that the development i. a DRI.
Co~mi.sioner Voss øtated that he feels strongly about public
beaches and the accesses to the~. He noted that there i. a beach in
the area that the State owns ~~tCh r~ns from Wiggins Pass north to the
southern boundary of the property in question, adding that the original.
PUD called for a road to be built from Bonita Beach Road to the State
beach and it was ti~d in with development plans in various phases. He
stated that it is important for the people of the County to be able to
get to the beach and questioned if the petitioner would be willing to
build the road without waiting for phases of the development and if so,
in what time frame?
Mr. Vega stated that the petitioner would commit to build the road
within a maximum of five years.
Commissioner Holland questioned if the petitioner would, in the
near future, complete the parking facilities at lhe northern end of the
project where the two acres of land are if the County decides that they
want to furnish Lee County with a parking lot, to which Mr. Vega
replied affirmatively, adding that within one year the parking lot will
be there and complete.
Acting Community Development Adminhtrator Mullins .:.~"ted that the
600 ft. of beach at lhe north end and ~~~ p'tking lot ~re in the
existing PUD, adding that with refe~~nce to t~e DR!, no one can say
whether this is gotng to be a DR! or not. She stated that she spoke
with the Region and they cannot say at this time whether it will be a
DRI and the new legiølatil)n has not been circulated or analyzed enough
for anyone to know all the ramifications or its impact. She stated
that information has been forwarded to DCA ana ~hey will be the ones to
decide if it is a DRI.
Mr. William Barton stated that he has followed this project with
great interest, adding that he is not representing the petitioner and
is .imply before the Commisaion as an interested citizen. He stated
from a standpoint of an engineer that there i8 no question in his mind
that the strip of beach that is being referred to in this project can
be p~operly designea to put it in a position that it ls no more
hazardous than any other stretch of beach that is developed 1n Florida.
tOGI£ 087 t"%r,t" 3"97
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He stated that the hazards of beachfront property will always reaain.
'fape 13
Mr. Barton stated that with regard to regional impacts the
important tssue t. hurricane evacuation, adding that his firm ts 99'
complete with construction plans and specifications on the four-laning
of Bon!ta Beach Road from approximately 1/2 mile from t~e project
entrance to 1-75, adding that once plans and specifications have been
completed, construction usually follows shortly thereafter. He noted
that the four-laning of Bonita Beach Road is very high on the priority
ltst for Lee County and should be within no more than five years and
probably lcs. than that. He noted that this will be one of the better
hurricane evacuation routes in the area.
The following people spoke in opposition to this development
citing hazar~ous conditions, environmental concerns, poor planning,
lack of fire protection, lack of hurricane protection, increased
density on Tract "G", possibility of pass formation developing agatn,
and the possibility of the road to the State park being blocked by
security gates, review by DNR prior to the Board's decision,
compounding problems, and public health, welfare, safety and interest,
and possibility of state acquisitionr
GE'orge Y.eller
Rod Blades
BetHe Gulaedk
Bob Krasowski
Andy Clements
A petition that was signed by approximately 300 people opposing
the development of Barefoot Beach wa~ presented by Mr. Clements.
***** Rece... 10.30 A.M. - ø?convencJ: 10.40 A.M. *0***
Tap. f4
Mary h~u Houston
Edward Putzell, Jr.
Deborah Hansen
Dr. Mark Benedict
Mike Zewalk
Franklin Adams
Joe Long
Toivo Tammerk
Mr. Richard Klaas, representing Lely Estates, stated that if this
petition i. approved, he will pledge to work with th~ Staff and members
of the Conservancy on this development. He noted that this property
can be developed and the build-out of the project is $385 million which
will generate a lot of taxes and a lot of jobs. He noted that people
will not give up the idea of living on a beach if that is what they
want. He stated that he is requesting that this petition be approved.
Commissioner Holland questioned if Mr. Klaas would consider a
change in the number of units, to which Mr. Klaas stated that he would
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Page 11
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June 4, 1985
like to remove 23' unit. from the back bay to comply with the new state
law that was pas.ed last week.
In answ~r to Commissioner Holland, Mr. Klaas stated that a storage
tanK would be built at the south end of the property if it is deemed '
nece.sary for the proper water pressure.
Commissioner Holland questioned i~ Mr. Klaas would give th. two
150' corridor. in Tract "F", Whfch would be decided by the developer's
engineer and the County's engi~eer, ånd be free from any housing? He
stated thAt it could be used for parking or tennis cour.t.s so that in
the event of breák'through, there would be no living units in its line~
Mr. Klaas stated that he feels vecy definite regarding this mattèr
and studies would be done to indicate the possible pass formations and
there would be no living units butlt there.
Commisøioner VOIS questioned the road to the state beach, to which
Mr. Klaas stated that the road would be built in four years.
Commissioner Voss questioned if the 600' parking lot at the north
end would be paved, to which Mr. Klaas replied affirmatively.
Commissioner Hasse questioned who would be responsible for the
road? Mr. Klaas stated that it would be a private road and if the c~ad
should ever wash out, the developers and the property owners would pay
to replace it and would place no burden upon the County. He stated
that with regard to the use of the road, once the State opens the area
to the South, the public will be 3ble to use the road and when the
State closes the area in the evening, then the road wil' ~e private
again and the guards and gates will 'D.' 'Iseð for the protection of the
pr.operty owners.
Mr. Putzell questioned how Mr. Klaas can assure cooperation in the
future if the property is sold for $40 million as intended? Mr. Klaas
indicated that there is a contract on the property, adding that Lely
will retain the entire first phaÐe and the contract purchasers have
agreed to all these things and when he makes a commitment, the pur-
chasers are also making the same commitment. He stated that inasmuch
as it is a contract sal~, Lely Estates will have a lot of control in
the development.
'l'ape '5
Mr. Vega stated that the commitments are mad$ in the PUD document
and when the land is sold, thð PUD documents goes with the land and
tho.. commitments have to be honored.
Th. following people spoke in opposition to the petition citing
80GK 087 ·::~a!J9
Page 12
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June 4, ,1985
that there will not be access for the public to the beach and the
p.ople that live there will not want the public rambling through their
property as w.ll a8 ma~in9 the homeowners association PAY for a road
and the upkeep of it if the public is also going to be using ttl
Pat Pilcher A. T. Felsberg
Coaa'..lon.r Holland .ev.d; ..conded by CO......on.r Ooodn.ght,an4
oarrled unan.aou.ly; that the public hear.ng be clo.ed.
eo......on.r Holland aov.d; ..cond.d by Coaml..'on.r pl.tor and
carried 4/1; (CO.....lon.r Ha... oppo.ed); that the Ordlnanc. ac
nuåber.d and .ntltl.d below b. adopt.d and enter.d .nto Ordlnanc. Book
'20 .ubject to the following .tlpulatlon..
1. That the two corridors will be d.cld.d upon by the County
Engln.er and the Dev.loper·. Engln..r a. to location and that
no ltYlng unit. will be plac.d on the two corr.dor~.
2. That the .torage facility for water at the .outh.rn .nd be put
In plac..
3. That the road through the proj.ct to the Stat. park be
co.pl.t.d within four y.ar. with the und.r.tandlng that the
gat.u be op.n to the public during daylight hour..
4. That the parking lot be pav.d at the north .nd of the property
within on. y.ar.
5. That 23 unit. Ue r..oved fro. the baCK bay to co.ply ~Ith the
Stat. r.gulation., r.duclng the total aaount of unit. fro. 823
to 800.
6. That the actual footprint of the project would not Incr~~~.
ov.r what It was originally.
7. That a..nd..nt of the PUD docu..nt (nclud. ~~~~~ .tipulat'on~
1-10 fro. the Co..unlty Develop..nt Dlvl.lon .e.o dAt.d Jun.
3~ 1985.
ORDINANCE 85-21
AN ORDIRANCE AMENDING ORDINANCE 82-2 TH~ COMPREHENSIVZ ZORING
REGULATIONS rOR THE UllTHfCORPORATED ARJ!:A or COLLIER COt111fT'{,
FLORIDA BY AMENDING THE ZONING ATLAS MAP NUMBE. 48-25-3 BY
CftANGING THE ZONING CLASSIFICATIOR OF THE HEKEIR DESCRIBED
REAL PROPERTY FROM ·PUD· TO ·PUD· PI.ANllBD UNIT DEVELOPMDfT
FOR LELY BAREFOOT BEACH, AND PROVIDING AN EFFECTIVE DATEr
Page 13
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It.. f6
ORDI.ABCE 85-22 RB PETITION PDA-85-2C, AMENDING BAREFOOT BEACH CONDO
POD - ADOPTBD
L.gal notice having been published in the Naples Daily News on
April 19, 1985, a. evidenced by Affidavit of publicati.on ,Uled with the
Clerk, public hearing was contin~ed from May 21, 1985. to consider
Petition PDA-B5-2C; amending Ba~~foot Be~~h PUD.
Thi. petition having been~i.cus~ed with the previous item,
Co.....lon.r Holl~nd aoved~ .econded by Co..i..loner Goodn.ght and
carried unanlmou.ly~ that the publ.c he.rlng b. clo..d.
Co_haioner Holland IIOved; .econded by co_lsaion.r plstor and
carried 4/1~ (Co_i.sioner Ha... oppos.d) that the ordinance a.
nu.bered and .ntltl.d below be adopted and entered Into Ordinance Book
.0. 20; aubj.ct to the .tlpulatlon. of the Utllltl.. Dlvl.lon ..110
dat.d April 9; 1985.
ORDII.IANCE 85-22
AN ORDINANCE AMENDING ORDINANCE 82-2 THE COMPREHENSIVE ZONING
Il!GULATIONS FOR THE UNINCORPORATED AREA 01' COLLn:R COUNTY,
FLORIDA BY AMENDING THE ZONING ATLAS MAP NUMBER 48-25-3 BY
CHANGING THE ZONING CLASSI1'ICATION 01' THE HEREIN DESCRIBED
UAL PROPERTY PROM ·PUD" TO "PUD· PLANNED UNIT DEVELOPMENT
POR LELY BAREl'OOT BEACH CONDOMINIUl'I, AND PRovIDING AJI
EFPECTIVE DATE.
Ite. t7
Il!SOLUTION 85-120 RB PETaION V-85-7C, SHER'?Y DAMPIER, REOUE~,Y¡:NG
VARIANCE FROM MAXIMUM SIZE OF GUEST HOUS!,. ~"~TE[, IN CORJCSC',aw
SANCTUARY - ADOPTED WITH STIPULATIONS
Legal notice having Leen published in the Naples Da;ly News on May
19, 1985, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened to consider petition V-85-7C. Sherry
Dampier, requesting a variance from the maximum size guest house
located in Corkscrew Sanctuary.
Acting Zoning Direct~r McKim stated that the objective of this
petition is to us~ a mobile home as a gue~t house for Mrs. Dampier's
mother-in-law. She stated that the subject property i. zoned A-2MH.
adding that the pp.titioner currently has a mobile home as a principle
residence and (s requesting to be allowed to place a mobile home on the
property to be used as a guest house for her mother-in-law. She noted
that Staff has reviewed this petition and did not find the necessary
requirements were met and therefore, must recommend denial. &~e noted
that if the BCC should decide to approve this petition, Staff i.
&001( 087 ~~~~ {01
Page 14
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MQII',
June 4, ,1985
the mobile home be limited to this specific use anð
home be removed when it is no longer needed for the
requesting that
that the IIObUe
mother-in-law.
Commi.sioner Goodnight stated that Mrs. Dampier approached her on
this matter, adding that there is a definite need to take care of the
mother-in-law. She stated that under the circumstances, she feels that
Staff'. recommendation should be overridden with the understanding that
at the time that there is no longer a need to taKe care of Mrs.
Dampier'. mother-in-law, the mobile home will be removed.
Mr. George Keller stated that these exceptions should not be made,
adding that this is changing the zoning ordinance. He stated that
the~e are restrictions as to where mobile homes can be placed.
Commissioner Pistor stated that there has been a lot of bad
ex~rience. with mobile homes not being removed from the property,
adding that allowing a second home is bad business.
Commissioner Holland stated that the area is agriculture, adding
that "e has to go along with Commissioner Goodnight. He stated that if
someone has a parent and they want to take care of them and keep them
off the State rolls, it is reasonable for the Commission to taKe that
into consideration.
Commissioner Hasse questioned the legality of this, to which
County Attorney Saunders stated that the Board has the discretion to
grdnt a variance if it determines that the petition meets the
requirements of the zoning code. He stated that the Board needs to be
aware that in this pc!lrticul...r ,,:oning dlstr'.~ct of A-2MH, the Board is
allowing a guest house of more L ;t1ð e foct:.ge than is in the code and
it will be difficult at another time ~u relate it purely to a situation
where someone needs to be taken care of. He Btated that the Board has
the authority to grant the variance but if another case comes up where
someone wants to put a mobile home next to their mobile home that does
not meet the requirements, the Board will be hard pressed to say "No".
Tape '6
Commissioner Goodnight s~ated that the elder Mrs. Dampier has a
mobile home that is in a trailer parK in town and she is on Social
Security and under the circumstances, it is the BCC's position to try
and understand situations of this type.
Mr. Joe Grimm stat~d that he is concerned that the current zoning
ordinance i. not being followed, adding that the ordinance requires
that if a mobile home is going to be occupied in agriculture zoning it
Page 15
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can only be done for a maximum of three years unless there is an
on-going agricultural operation on the property.
Commissioner Goodnight stated that this property
mobile homes and there 1s an indefinite time period.
Saunders concurred with Commissioner Goodnight.
Mr. Grimm que'stioned if all/the legal advertising has been'done
. I .
for this petition, to which ActJng Zoning Director McKim replied
affirmatively. j
CO.....lon.r. GoodnIght ~ved~ seconded by Co...s.'on.r Holland
carri.d unanlaously; that the publtc he,~lng be closed.
Co..l.sloner Goodnight aoved, .econd.d by co..I..loner Holland and
carried unanlaously, that Resolution 85-120 re petition V-85-7C, Sherry
De.Pler; reque.tlng yarlance fro. .axl.u. sise of gUQst house located
'n Corkscrew Sanctuary be adopted .ubject to the ~b'le ho.e being
lla'ted to the .peclflc u.. of Mrs. De.pler's ~th.r-In-law and that
the ~bUe ho.e be rellOy.d when no longer needed by her.
has an overlay of
County Attorney
IaGI( 087 r:~~ 4.03
Page 16
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Juno 4, 1985
mIX:
It.. f8
OaDIKA5CB 85-23 RB PETITIO. PDA-85-4C AMENDING AVATAR PROPEaTIES RE
GUa BOULBVARD PUD - ADOPTED 8UBJICT 'to STIPULATIONS
Legal notice having been published in the Naples Daily New. on May
3, 1985, as evid.nced by Affidavit of Publication filed with the Cler~,
public hearing was opened to consider Petition PDA-85-4C filed by
Agnoll, As.aad, Barber ~ Brundage, repre.enting Avatar Proper tie., Inc.
requesting amendment to the Green Boulevard PUD, located on Green
Boul.vard, ea.t of Santa Barbara Boulevard.
Acting Zoning Director McKim .tated that the objective of this
petition is to amend the PUD to provide for fractionalization of
tracts, site plan approval and ~lncr vet~age changes ,for clarification.
She stated that Staff and the CAPC revieweù this petition and recommend
approval subject to the stipulation that the proposed site plan
approval processes be revised to correspond to the site development
review process in the Zoning Ordinance.
In answer to Commissioner Hasse, Mr. Wafaa Assaad, representing
Avatar Properties, Inc. stated that basically everything remains the
same as was previously approved, adding that the size or the shape of
the property is not being changed and the property is still owned as
one unit.
Co..a..ton.r pi.tor .ov.~, ..cond.d by Co..a..ion.r Holland and
carried unantaou.ly, that the pUblic hQarlng be clo.ed.
Co..I..lon.r pi. tor .ov.d~ second.d by co..I..ion.r HAII.e aud
c.rrl.d unaniaou.ly; that the ordinanc. a. nuab.r.d and .ntltled below
be adopt.d and .nt.r.d Into Ordinance Book No. 20 subject to the
.ttpulatlon that the propo..d .Ite plan approval proc..... be r.vi..d
to corr.spond to the .ft. d.velopa.nt r.vl.w proc... In the Zoning
OrdlnancCl.
ORDINANCE 85-23
AN ORDINANCE AMENDING ORDINANCE 83-51, WHICH ESTABLISHED THE
GIlEEN BOULEVARD PLANNED UNIT DEVELOPMENT, AMENDING THE
EXISTIlfG GREEN BOULEVARD P.U.D. BY AMENDING SECTION V GEnItAL
DEVELOPMDrr COMMITMENTS SUBSECTION 5.2.8. AND 5.2.E7 BY
AMENDING SECTION V GElfEItAL DEVELOPM.ElfT COMMITMENTS BY ADDING
SUBSECTIONS 5.6 AND 5.7, AND PROVIDING AN EFFECTIVE DATE.
Page 17
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ORDI1O.ØCB 85-24 RE P:!TITIOIIf PDA·'85-5C, U.S. 80MB AHnDING ORD. 81-6B.·
FOXI'IRB PUD - ADOPTED
Legal notice having been published in the Naples Daily News on May
3, 19B5, as evidenced by Affidavit of Publication filed with the Clerk,
pUblic hearing was opened to consider petition PDA-85-5C, U. S. ao'"
corporation, requesting am~ndment to Ordinance No. Bl-68, Foxfire PUD.
Acting Zoning Director McKim stated the objective of thi. petition
is to ðecrea.e the required rear yard setback from 30 feet to 25 feet
fot lots in Tract A-1, which are less than 135 feet in depth. She
indicated that Staff reviewed this ?etition anrl recommended approval.
She stated that the amendment will r~solve the problem which has
created the need for the same rear setbacK required for RSF-4 zoning,
adding that all lots in A-1 bacK up onto the golf cour8~ or the
perimeter of Foxfire PUD. She noted that the CAPC held their public
hearing and unanimously recommended approval of this petition.
Co..I.eloner pl.tor .oved~ .econded by co..I..loner Holland and
carried unAnl.ou.ly~ that the public hearing be clo.ed.
Co..l.aioner Plstor aoved, seconded by Co..la.loner HollAnd and
carried unanlaously, that the ordinance .. nu~bered and entitled below
b. adopted and entered i~to Ordinance Book No. 201
ORDINANCE 85-24
AN ORDINANCE AMENDING ORD¡NANCE 81-6B,
FOXFIRE PLANNED UNIT DEVELOPMENT,
FOX~IRE P.U.D. BY AMENDING SUBSECTION
AND PROVIDIIlfG AN EFFECTIVE DATE.
walCH ESTABLISHED THE
AMENDING THE EXISTING
~.4.4.. MINIMUM YARDS,
Ile. no
P:!TITION R-B4-11C ~OWN AS TH~ VICENTIAL PUD - CONTINUED TO 6/18/85
co..ls.loner Holland .oved, .econded by co..ls.loner pletor and
carried unanlaou.ly~ that Petition R-B4-11C~ known a. the Vlcentlal PUD
b. continued to June 19~ 19B5~
Itell nl
P:!TITIOIIf R-95-2C; RE REZONING FROM A-2 TO PUD FOR REGENT PARX - DEBIED.
Legal notice having been published in the Naples Daily News on May
3, 1985, aa evidenced by Affidavit of Publication filed with the ClerK,
public hearing was opened to consider Petition R-BS-2C, Grady Minor,
representing Erich Faes, Anton Steiner and Roland Stierli, requesting
rezoning from A-2 to PUD, known as Regent ParK located between Four
tORK (J~¡rr:~~4l()¡r
Page IB
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Seasons and Edgewild Subdivisions south of David C. Brown Highway.
Acting Zoning Director McKim stated that the objective of thia
petition is to ðevelop 469 single and multi-family dwelling unite on
78.21 acres. She atated that Staff and all County agencies reviewed
this petition and recommend approval subject to amendment of the PUD
document and revision of the master plan according to the staff report
and compliance with the Comprehensive Plan. She noted that the CAPC
held their pUblic hearing and recommended approval subject to amendment
of the PUD document and maater plan revisions according to the ataff
report with the additional stipulation that 37 additional units be
permitted to replace the commercial tract and the minimum square
footage of the single family units be 1200 square feet. She stated
that one letter was received which expressed concern over the density,
the minimum lot size and square footage of living area for the single
family tracts and engineerlng practices, adding that no one spo~e for
or against th~ petitt on. She indicated that the recommendation is for
approval subject to CAPC's stipulations which have been incorporated
into the amended PUD document and master plan.
In answer to Commissioner pistor, Mrs. McKim stated that the depth
of the lots is 125' ~nd they only have to be 100' according to the PUD
document because the minimum lot size is 7500 square feet. She stated
that there is sufficient room to build the size of unit that is their
minimum. She stated that they exceed the minimum square footage for
th~ unit size and their square footage corresponds with the RSF-4
district.
Commissioner Voss questioned if ti¡ese lots are surrounded by
larger homes, to which Mrs. McKim stated that they are on the west and
aouth with Four Seasons. She stated that on the east Edgewild lots are
a little larger, but not by much. She noted that there is also A-2
zoning to the east.
Mr. Grady Minor, representing the developer Pete Smith, stated
that he proposes 124 single family units and 324 multi-family units on
a 78 acre parcel, adding that the single,family is located completely
around the perimeter. He stated that hi'proposes to connect to Sewer
I
Area "A"'and if that cannot be done, they will build a sewage treatment
plant on the northwest corner. He stated that a 12" water line will be
extended down Airport Road to the east side of the entrance which will
be looped through the project to provide potable water and fire
protection. Be stated that there are 9 acres of la~es for water
Page 19
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June 4, 1985
management and the discharge. will go unrter the highway into the canal
on the north aide. He stated that the roads will be built to County
standard. and dedicated to the County, adding that he feels that the
project is compatible to the surrounding area and will benefit the
community as a whole and he is requesting approval of this petition.
Commissioner Pistor stated that he would prefer that the PUD
document specify the depth of the lots. He stated with reference to
the Utilities it has always been intended that the County would own
them and the petitioner would lease them back from the County.
The following people spoke in opposition to the petition citing
the fact that the lots are too emall, the square footage of the homes
are too small, depreciation of the property, water pressure problems,
environmental impact on a sensitive area, flooding of the canal, and
the location of the sewage treatment plant, and the use of multi-family
with the single family hames, and the execessive traffic!
Arthur Darr Frank Butcher
Edward Butcher Joe Newbower
Commissioner Voss questioned if the developer would consider
enlarging the single family homes, to which Mr. Minor stated that they
have been enlarged, adding that he met w!th the Four Seasons Property
HomeownerG Association to resolve any problems that they had. He
stated that the homes were ratr~) from 800 to 1200 square feet which ie
the minimum.
Mr. Smith stated that everything that is going to be done will
benefit the community. He stated that there would be a buffer that
will separate the single family from the multi-family. He stated that
there are some homea in Four Seasona that are for sale that are 1300
squa~e feet and in Crescent Lakes some of the homes are 750 square feet
for the multi-~amily and 1200 square feet for the single family. He
stated that his dovelopment will be laid out with lots that are similar
Sn sis. to Crescent Lakes And the re.trictions will be very si.ilar.
He stated that there will no longer be water problems in the area,
adding that they ~re also putting in a larger main which will give Four
Seasons more water pressure.
Tape '7
Mr. Smith stated that most of the homes will not be built by htm,
therefore, it Ie difficult to say how much they will cost. He stated
that a lot that has 80' frontage can have a home built on it with over
4,000 square feet of living space.
~m 087 rl",! 409
Page 20
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June 4,
1985
co..i..lònet HollanO .ov.d~ ..conOcð by Co..I..lon.r Ha... and
carr..d-unan.aoualy; that the public hearing be clo..O.
Co..h.tc~l.r Holland aov.d. .econded by Co..haion.r phtor that
P.t.tion R-85-2C be approv.d. Upon call for the que.tlon. the action
fa.l.d 1/4; (Co......on.r. pl.tor; Ha...~ Gooðnlght, and VO.. oppoaed).
..... Reeec.. 12.30 P.M. - ReconveneO. 2100 P.M. at which
tt.e Deputy Cl.rk Sklnn.r replac.d Deputy Clerk ~enyon .....
I tea n 2
ORDINANCE 85~25 RE PETITION ft-84-48C~ REZONING 11.-2 AND A-2ST TO PUD
gOWN AS WOOD8RIDGE LOCM'ED AT THE NORTHWEST COJUlŒR OP THE PORMER
EMERALD LAltl:S PUD - ADOPTED SUBJECT TO STIPULATIONS
Legal notice having been published in the Naples Daily News on May
3, 1985, as evidenced by Affidavit of Publication filed with the Clerk,
public hearing was opened to consiäer Petition R-84-48C, fil~d by
Agnoli, Assaad, Barber and Brundage, representing Naples Land Company,
Inc., requesting rezoning from A-2 and A-2ST to PUD known as Woodbridge
located at the northwest corner of the former Emerald Lakes PUD.
Acting Zoning Director McKim said the objective of this petition
is to develop 132 single-family units and 775 multi-family units on
194.02 acres for a density of 4.7 units per acre. She ~aid one letter
of correspondence was received from the attorney repres~nting the
adjoining property owner opposir.J this petition's request on the basis
of hi. belief that the previous rezoning may not have been proper. She
said th~ petitioner has agreed to all of Staff stipulations as amended.
She said CAPC held their public hearing on 5/16/85, and voted 6/1 to
forward the request to the Board with a recommendation of approval
subject to the deletion of a 100' right-of-way dedication. She said
Staff recommends approval subject to the CAPC's recommendations.
Mr. Wafaa Assaad, of Agnoli, Assaad, Barber and Brundage, st~ted
that Danny Br~ndage; George Vega, Legal Counsel; and Tom Miller,
repre.enting the applicant, were present to respond to questions. He
said that the developer plans to extend Goodlette Road, to provide
access to the site. He said the project is a purely residential
community around the lake. He indicate~/the park sites on the site
plan and,said that bicycle paths will b~ along the roads except for the
cul-de-sacs. He said the developer has agreed to the previously
committed lOST" areas. He said the density will be 4.6 units per acre.
Responding to Commissioner Voss, Mr. Assaad said the developer and
othera will extend Goodlette Road, which will be two lanes_ He .aid
Page 21
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June 4, 1985
enough easem~nt will be provideó fo~ four-lanes if needed in the
future.
Mr. Assaad said he believed that the previously mentioned opposing
letter has been fully explained. He said the developer has given the
County a "Hold Harmless" letter. County Attorney Saunders said it ~as
his opinion that the BCC has handled the rezoning properly.
Coaaaasloner Plator aov.d~ .econd.d by Co..I.aloner Goodnight and
carried unanlaoualy; that th. public hearing be clo~ed.
Co..laatoner plator aoved; .econded by COllalaaloner Goodnight and
carried unanlao~.ly, that the ordinance aa nu.bercd and entitled below
be adopted; .ubject to .tlpulatlon. as outlined, and entered Into
Ordlnanco BOOK No. 201
ORDINANCE 85-25
AM ORDINANCE AME~DING ORDINANCE 82-2 THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OP COLLIER COUNTY,
PLO~IDA BY AMENDING THE ZONING ATLAS MAP NUMBER 49-25-1 BY
CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED
R.ML PROPERTY PROM A-2 " A-2 "ST" TO ·PUD· PLANNED UNIT
DEVELOPM.ENT FOR PLANNED UNIT RESID!JfTIAL COMMUNITY, LOCATED
BE'1'1Œ1nf GOODL!TTE ROAD EXTENSION AND AIRPORT ROAD AND EAST OP
PINE RIDGE SUBDIVISION, AND PROVIDING AN EFPECTIVE DATE.
Ite. U3
ORDINANCE 85-26 AMENDING ORDINANCE NO. 85-2 RE CONSTRUCTION RELATING TO
SEAWALLS - ADOPTED
Legal notice having been published in t~e Naples Daily News on May
2, 1985, as evidenced by Affidavit of Publication filed w~th the ~lerk,
public hearing was opened to consider an ordinance am~nding Section Two
of ordinance No. 85-2, which relates to the construction, reconstruc-
tion, repair, alteration, projections and prolongation of seawalls and
revetments.
County Attorney Saunders said the proposed ordinance provides that
it 1. unlawful and a public nuisance to f~ll to remove the debris and
rubble of a failed seawall or revetment.
Coaai.sloner pl.tor aoved; .econd.d by co..I..lon.r Goodnight and
carr.ed unanimously; that the public hearing b4 cloaed.
Co.....lon.r Plator aov.d; ..conded by co..I..loner Ha..e and
carried unan.aou.ly; that the ordlnanc. a. nu.bered and ent'tled below
b. adopted and ent.red Into Ordinance Book No~ 20.
am' 087 0p, 411
Page 22
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June 4, 1')85
ORDIRAlICE 85-26
All ORDINARCB AMENDIRG SECT lOR ~O or ORDIHAlICE RO. 85-2,
WHICH ULATKB TO '!'HE CONSTRUCTION, UCONSTRUCTIOH, REPAIR,
ALTKRATIO.~ PROJECTION AND PROLOROATION or SEAWALLS AJID
It.KVKTPIBJI'TS; BY PROVIDING THAT IT IS UNLAWl"UL AND A PUBLIC
WUISABCE TO rAIL TO REMOVE THE DEBRIS AJID RUBBLE OF A FAILED
SEAWALL OR UVE'J.'MENT; PROVIDING FOR CONl'LICT AND
IEVEKABILITY, PROVIDING AU EFFECTIVE DATE
114
RBSOLVTIOB 85-121 RE PETITION AV-B5-004; WESTINGHOUSE COMMUNITIES OF
~PLBB; INC. VACATING THE 10' SIDE EASEMENTS ON LOTS 1-4, BLOCK D,'
PBLICAlI BAY UlltIT 4 - ADOPTED
Legal notice having been published in the Naples Daily News on May
19 and 26, 1985, a. evidenced by Affidavit of pUblication filod with
the Clerk, public hearing was opened to consider petition AV-85-004,
filed by Westinghouse Communities of Naples, Inc. requesting vacation
of the 10' .ide easements on Lots 1 through 4, BlocK D, Pelican Bay
Unit 4, so petitioner may build across and up to interior sido lot
lines.
Public Works Administrator Kuck explained the petitioner wants to
build three homes on four lots. He said "Letters of No objection" have
been received from all pertinent utilities and that Staff recommend.
approval.
Coaal..loner PI.tor aoved, .econded by co..I..loner Ha..e and
carr..d unanlaou.ly, that the public h.3ring be clo.ed.
Co.....lon.r PI.tor aov.d, ..conded by co..I..loner Ha... cnd
carried unanaaou.ly; that Resolution 85-121 re p.~lt'on AV-B5-004 be
aðopted~
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U80LO'1'101f 85-122 U PBTITIOII AV-85-003, COLLIER DEVELOPKnT CORP., IUI:
VACATI011 OJ' 10' R.EAR EASBMD1TS ON LOTS 3-12 AND 16-25~ EAST NAPLES
UtDUSTRIAL PAU - ADOPTED
Legal notice having been published in the Naples Daily News on May
19 and 26, 1985, as evidencod by Affidavit of publication filed with
the Clerk, public hearing was opened to consider Petition AV-8S-003,
filed by Collier Development Corporation requesting vacation of 10'
rear ea..ments on Lots 3-12 and 16-25, East Naples In~u~trial P~"k, .0
petitioner may build across and up to interior rear lot lines.
Public WorKS Administrator Kuck said the petitioner is requesting
this vacation to better facilitate the lot. He said '"Letters of No
Objection" have been received from all pertinent utilities and Staff
and all County Agencies recommend approval.
Coaal..Ioner pa.tor aoveð; .econded by Coaai..loner Holland and
carried unanlaou.ly; that the public hearing be closed.
eoaal..loner Bolland aoved; .econded by Coaal..Ioner pl.tor and
carried unanlaou.ly~ that Resolution 85-122 re petition AV-BS-003 be
adopted.
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June 4. 1985
lb. 116
RJ:SOLtrrIOH 85-12J RJ: PETITION V-85-BC, ROBERT AND PAMELA I.AlroY. U
VARIANCE FROM PARKING REQUIREMENTS FOR PUSCHooL/CHILD CJnn'ER - ADOPTED
Legal notice having been published in the Naples Daily News on May
19, 1985, a~ evidenced by Affidavit of publication filed with the
Clerk, public hearing wa~ opened to consider Petition V-85-8C~ filed by
Robert ,and Pamela Landy requesting a variance from the parking require-
ments for a preschool/child center.
Acting Zoning Director McKim øaid the objective of this petition
is to provide 9 of the required 14 parkil..;¡ places for a child care
canter. She said Staff did not find any special circumstances and
recommends denial.
Tape '8
Commissioner Holland asked if the ordinance requires two spaces
per employee and Mrs. McKim responded that !t does. Commissioner
Holland said he had a problem with why it is necessary to have two
parking places for each employee. Mrs. McKim said the petitioners have
increased their employees and do not have the correct parking.
Ms. Pamela Landy explained the parking variance is being requested
in order to construct an addition to the present pre-school facility,
Learning Together, on Golden Gate Parkway. Ms. Landy said the plan is
to enlarge the area for the kinderga(ten. She said a minimal increase
in enrollment is anticipated as a result of the expansion but the
primary intent is to provide more adequately fn~ those children
currently being served. She said it is the petitioner's intent to
provide the maximum physical space feasible and sufficient staff to
ensure a healthful and safe environment most conducive to effective
pre-school education. She said there are a number of child care
facilities throughout the County which do not currently meet the
requirement of two parking spaces par employee and a literal inter-
pretation of the Zoning Ordinance will deprive the pe~itioner of rights
enjoyed by others and work an unnecessary hardship on the petitioner.
She said moet of the etaff is comprised of Golden Gate residents and
approximately one-third of the staff do not use their own cars because
they car-pool or are dropped off. She said not all of the staff are
present at the prime times of morning. noon and late afternoon when
most of the parents pick up their children. She said parent. who come
to the school are only there for approximately five minute. and there
has never been a back-up of vehicles onto Golden Gate Parkway.
~ODr. 087 w,t 417
Page 25
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June 4, ,1985
COlla i.. toner pis tor said the forMula for the parKing was done not
: 'only for the number of teachers but becau.e of the fact that parents
n.eded 8011e plac~ to park. Ma. Landy .aid there are 75 childr.n 1n the
'child. care center. COl1l1hdoner pis tor point.d out. there are tim..
when'all the parking apace. are used, but Ms. Landy said, currently,
two e.ploy.e. are dropped off and do not us. their parKtng places.
Commis.ioner Pistor a.~ed if parKing could be over the drainfteld and
M.. Landy said that would be no problem.
eo......on.r Ooodn'ght aoved; ..conded by Co..i..lonor Holland and
carried unan4~u.ly; that the publ.c h.ar4ng be clo.ed.
eoaa...ion.r Ooodn4ght .oved; .ecanced by coaai...oner Holland and
carrIed 3/2; eo..a.donen pa.tor and Hu.. oppo.ed; 'that Re.olut.on
8"5~123 re pet,Uon V-B5-BCbe adopted.
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117
UBOW'TIOM 85-124 RE PETITIOM V-85-9C; BRUCE DALLY RE VARIAlCCB rROM
noli'!' YAJU> SBTaACK PROM SOUTH 180' 01' TRACT 154, UlIIT 219, OOLDD GATI '
BSTA'nS - ADOPTED
Legal notice having been published in the Naples Daily News on May
19, 1985, as evidenced by Affidavit of pUblication filed with the
Clerk, public hearing was opened to consider petition V-85-9C. filed by
Bruce Dally requesting a variance from front yard setback for the south
lBO' of Tract 154, Unit 28, Golden Gate Estates.
Acting Zoning Director McKim said this request is to re1uce the
required front yard setback of 75 feet to 53 feet for a garage. She
said the existing house and workshop were built in 1977 with approved
setbacks of 61 feet for the house and 50 feet for the workshop. She
said Staff found an existing hard8hip in that the existing building is
at a less setback than iA being requested.
CO.Mi..ioner pi.tor .eved, .econded by Co..i..loner Goodnaght and
carrted unantaously, that the public hearing be clo.ed.
Co..i..'oner Goodnight aoved; .econded by Co..ieeloner pietor and
carried unanlaouely; that Resolution 85-124 re petition V-85-9C be
adopted.
.. 087 w,~ 421
Page 27
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Ite. U8
PETITION V-B5-1OC~ ALLEIIf DISPLAYS, INC.. REPRESZJrrING FAMILY DOLlAR
STOU; U VARIAJlCE FROM SIGlII ORDINANCE - DOlED
June 4, ,l985
Legal notice h~ving been published in the Naples Daily News on May
19, 19S5, as evidenc..d by Affidavit ~f publication filed with the
Cl.rk, public hearing was opened to conøider Petition V-85-l0C, filed
by Allen Displays, Inc., representing Family Dollar Store, requesting a
varianc. from the Sign Ordinance to erect a second free-standing sign
for their storo located on the northwest corner of SR-29 and ImmoKalee
Drive.
Acting Zoning Director McKim explain~~ the Sign Ordinance only
allows one Class "B" free-standing sign. She said the Family Dollar
Store may only have the Class "H" sign since a Class "8" sign already
exist" on the property for the Handy Food Store. She said Staff did
not find any special circumstance or hardship and recommends denial.
Mr. John O'Hara, representing the petitioner, s~id the Family
Dollar Store is a new store and the Handy Food Store has already used
the sign availability. He said the petitioner is asking that he be
allowed to put a sign on the other end of the property, near the 5th
Avenue corner. He said approximately 150 people will move through the
store during the day and the p~Litioner is requesting the sign in order
to identify the property so people can make the decision to turn into
the property.
co..i..ion.r pi.tor aoved. .econded by co..I..loner Goodnight and
carri.d unani.ou.ly, that the public h.arlng be ~losed.
Commissioner Hasse suggested that utilizing the same sign post as
the Handy Food Store might be possible.
Co.....lon.r Ha..e IIOv.d, .econd.d by Coa.i.slon.r Plstor and
carried unani.ou.ly; that petition V-85-10C be denl.d.
Ite. U9
PETITION PU-B5-5C; CENTRAL FELLOWSHIP BAPTIST CHURCH/F,IRST BAPTIST
CHURCH; RE PROVISIONAL USE "1- OF ESTATES DISTRICT FOR A CHURCH AT BB
, CORNER 01" 25TH AVEHUE SW AJlD 39TH STREET ,SW - CONTINUED TO 6/18/85
:'
Acting Zoning Director McKim said fhe petitioner is requesting
Provisional Use "1" of the Eatates District to build a church at the
southeast corner of 25th Avenue SW and 39th Street SW, the north 180'
of Tract 143, 'Unit 28, Golden Gate Estates. She said the petitioner
was unable to be present o~ $/7/85 when the Board denied this petition
and he had requested that the petition be continued. She said this is
page 28
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Page 29
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June 4, 1985
the reason the petition is being brought before the Board to allow the
petitioner his chance to present his case. She said those people who
.poke again.t the petition on 5/7/85 have bep~ notified that this
petition would be heard again this date. She said Staff recommends
denial.
Commissioner Has.e asked how the petition could be brought up
again without a waiting period, and County Attorney, Saunders sald a. a
gen.ral rule the Commission has always granted continuances for peti-
tions when people have asked for them in advance. He said the contin-
uanc. was requested in writing and misplaced. He said Staff believed
that the item would have been contipueð by the Board and, if that is
the case, the petitioner should be given an opportunity to present his
position in the case. He said the Commissioners can decide whether
they want to hear this petition and, if so, it could be brought back at
a meeting. Commissioner Voss asked if this means the Board could not
hear the petitioner this date? Mrs. McKim said this is not a public
heari~g, since provisional uses do not require a public hearing and
there is no notification of property owners prior to the Board meeting,
only prior to the CAPC meetinq. Mr. Saunders said the Board could hear
the petition this date or ask that it be returned at a later date.
Commissioner Hasse said a petition was presented at the 5/7/85
meeting and he asked if those peopl-. who signed it were notified of
this meeting and Mrs. McKim said ~~ly those p~ople who spoke at the
5/7/85 meeting were notified. Commissioner Hasse suggested that the
Board hold off on the petition.
Commissioner pistor suggested that the petition be heard and, if
only people in favor of the petition are heard, the Board could decide
whether or not to continue it. During the ensuing discussion, Mr.
Saunders said there are no advertising requirements, however, the B~ard
may feel that the petition should be publicized more because it was
denied.
Co.....ton.r plstor aoved~ second.d by Co..I..loner Good:.ight and
carrted unanlaou.ly; that the Co..t..toner. ll.t.n to the appl.cant and
people 4n the audience and then .aKe a deci.lon about whether or not to
conttnue .t.
Mr. Bill Schweikhardt, representing the property owner, First
Baptist Church in Bonita Springs, said the petitioner is trying to
establish a church in Golden Gate to be called the Central Fellowship
Baptist ~1urch. He said the petitioner acquired property adjacent to
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and across the canal from CR-95l which is not in the middle of a resi-
dential neighborhooð. He said Staff originally recommended to the CAPe
that this petition be approved. He said the County Engineer did not
feel there waa going to be a traffic problem. He sald it was his
'underatanding the CAPC recommended denial of the petition because the
me~bera felt there would be a traffic problem. He explained member. of
the church attempted to talk to County traffic engineers to find out
how the petition could be structured so there would be no traffic
problem and everyone with whom they talked said there was no problem.
Rev. James Allen, pastor of the church, 5ubmltted a petition with
700 signatures in favor of this request. He said the church was
organized in Septemher, 19A3 and met in various places which have been
outgrown.
Tape 09
Rev. Allen said the petitioner has agreed to Staff and CAPC
criteria. He said the floor plan calls for a seating room for 200
people: there will not be 100 cars in the parking lot, and a stipu-
lation agreement was signp.d that the 16' easement to the south would be
left in its natural condition ~s well as a 200' FP&L easement against
noise and light violation. He contended there is no traffic problem
with this petition, ad6'~~ that many members will use 39th Street S.W.
to leave the church.
Public Works Administrator Kuck said he talked with Mr. Bob
Dunivan of the Traffic Department ^n~ Staff is presently in the process
of conducting a traffic study over the next two weeks to get an actual
traffic count in the morning and afternoon, seven days a week, in order
to make a better judgment on whether or not a traffic siqnal would be
justified in this area. He said if one was justified it would be
similar to the one that is beinq installed at Pine Ridge Road and
Forest Lakes Drive. He said the cost would be approximately $20,000.
He said to mOve the bridge would cost between $150,000 and $160,000
plus the cost of relocating the City of N~ples raw watcr line.
Mr. Harold Krout, Jr. ðistributed copies of a traffic analysis and
. /
gave the resource documents for this an~lysis to ~Ir. Kuck. He said he
was one of the two men who took the traffic counts and the average time
through the 25th Avenue intersection was 4.3 seconds and the average
time through the 17th Avenue intersection was 5.9 seconds. He said
with the current avcrage church attendance of 50 people it would take
only 24 seconds tor the cars to clear the l7t~ Avenue intersection and
Page 30
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June 4, 1985
one minute ðnd nine seconds to clear the 25th Avenue inter.ection. He
said with the maximum proposed attendance of 200 people there would
only be 62 cars going through the 25th Avenue intersection which should
take leas than five minutes. He referred to the third page of his
analysis which was the quarterly traffic count record supplied by the
County ~~d said the traffic count on CR-9S1 north of CR-886 only showed
a reduction of 15\ between the winter and spring of' 1984. He said the
lights will be limited to those necessary for the parking lot and
security.
The following people raised their handb in favor of the petitionl
W. A. CalvcrU
Lisa Krout
William C. Mitchell
Margaret W. Jerguson
Carolyn Howard
John D. Jerguson, Sr.
Laura Huff Mason
Marie Marsh
Mae Adkhs::>n
Eli Sed a
Mrs. Reinaldo Sed a
The following people spoke against the petition citin~ traffic
hazards and the presently large amount of churches in the areal
George Keller, President, Collier County Civic Federation
Joe Grimm
Tape no
Co..I..toner Ha... ~ved to defer action on the petition to a
future .e.ting. The ~tlon died for lack of a .econd.
co..ls.loner Rolland aoved, .econded by co..i..ioner Ras.e ahd
carried 3/2; co..ls.loner. vo.. and Goodnight oppo.ed, that Petition
PU-85-5C be continued to 6/le/aS.
Ite. '20
STAFF DIRECTED TO AMEND SECTION 7.10 OF ZONING ORDINANCE TO NOT PERMIT
USE OF MOBILE ROMES, MOTOR ROMES OR TRAVEL TRAILERS AS A T!:MPORARY
RESIDZNCE DURING CONSTRUCTION OF THE PRINCIPLE RESIDENCE. STAFF
DIRECTED TO CEASE ISSUING PERMITS AND ONLY PROCESS THOBE IN-ROUSE THIS
DATE
Acting Community Development Administrator MUllins ßald current
procedure for travel trailers or mobile homes used during construction
of a principle residence is to follow the Zoning Ordinance which
requires that a building ~ermit must be issued prior to Board approval
of a temporary residence permit. She said this is being enforced and
an application is not accepted unless a building permit has been
isaued. She explained upon approval by the Board a permit from the
Building Department is needed prior to the trailer being placed on the
property, which was not done in the past. She said this permit
m~ 087 w'~ 427
Page 31
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requires approval and inspections by the Health Department concerning
water and sewer facilities. She referred to a map on which were plot-
ted past and present temporary residence permit locations, adding thero
are fourteen .uch maps. She said the helicopter will be utilized tc
identify trailers that exist of which the Community Development Divi-
sion i. not aware. She said permitted temporary residences are visited
each month by a building and/or zoning investigator to ensure compli-
ance to the Zoning Ordinance and to inspect for progress of constr.uc-
tion. She .aid if progress is not evident the owners are r.otified that
they will have to .how more effort if they expect an extension to be
approved. She 8tate~ an information~l hand-out has been prepared by
the Building Director and is distributed to people interested in apply-
ing for a temporary residence permit,' which h~s brought consistency to
the program. She said complete files and ledgers are maintained of
each temporary residence. She said violation of the zoning Ordinance
may result in prosecution by the States Attorney's office. She
explained requests for extensions to the Board of County Commissioners
are accompanied by current inspections which have been performed on the
principle residence. She said these measures have improved the eitua-
tion, however, they will not correct the problem entirely.
Mrs. Mullins said although the Zoning Ordinance is enforced, Staff
is limited in their efforts because of the criteria on which the Board
is supposed to approve or disapprove a temporary residence permit. She
said that criteria is that the area must be remote and isolated and
those terms are not defined. She said the se~ond problem lies in the
ordinance not providing any mean~ wt.~reby Staff can recommend denial of
an e~tension of the temporary residence permit. She ßaid Staff has
spent a great deal of time on this situation looking at the procedures,
problems and impact. She said one b:ternative is to continue the cur-
rent procedures of application and enforcement and amend the current
Zoning Ordinance as it regul~tcs the use of travel trailers, etc. as
temporary residences. She explai.ned such an amendment' would include
definitive, non-subjective criteria to eJtablish locations where
trailers would be considered acceptab¡~'and those areas outside that
area would not be considered remote and isolated. She said this would
probably be done on a unit basis. She sai.d subjective criteria would
be included in an amendment that would describe substantial progress of
construction which could be utilized by Staff as justification for
recommending denial of an extension of a temporary residence permit.
Pð,')e 32
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Mr.: Mullin. said the other alternative is Staff's original recom-
mendation, which was approved by the CAPC, to amend the zoning
Ordinance to not permit the use of travel trailers as temporary
residence..
The following persons .poke in favor of not permitting use of
trav.l trailers as temporary residences.
Mr. Joe Grimm
Mr. George Keller, President, Collier County Civic Federation
Commi.sioner Haase asked what happens to the people who have been
granted a temporary trailer permit? Mrs. Mullins said ~hat it will
take about two years to correct the situation, however, those people
who have been granted permits would probably be "grand fathered" in.
Assistant County Attorney Cuyl",r said the question ·.:ould be
whether new permits would be allowed and over a period of time the
situation would resolv~ itself.
Commissioner Hasse said he had been a proponent of this process,
however, it has been given a fair trial and he was now prepared to do
something about the situation as long as those people who have permits
are allowed to conclude their homes.
Co..I..lon.r pl.tor .oved, .e~~nd.d by co..i..lon.r Ha..e, that
Staff ~ dlr.ct.d to a..nd S.ctlon 7.10 of the Zoning Ordlnanc. to not
p.r.lt the u.. of aobil. ho..., .otor ho... or trav.l trall.r. a.
t..porary re.ldenc.. during construction of a princlpl. r.sld.nce and
to follow up with pr...nt p.rølt. to ... that th.y are .ll.inat.d a.
.oon as po..lbl..
Mrs. Mullins said the normal time to amend the Zoning Ordinance is
approximately three months. She said the IAPC has requested that no
mare meetings be held until October and any amendments to the zoning
Ordinance does have to go to the IAPC a~ well as the CAPC, therefore,
this amendment will not return to the Bo~rd of County Commissioners
until October.
Upon call for the qu..t.on~ the aotlo~ carr..d un.niaou.ly.
Co..i...oner pl.tor aoved; s.cond.d by cOllllisslon.r R.... and
c.rr.ed unan.aously; that Staff c.... bringing .ny .ore per.ft. to the
ao.rd for t..porary r..ldence p.r..t. and only proce.. tho.. In-house
th.. d.t..
bOOI: 087 w.~ 42D
Page 33
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June 4, 1985
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CREATIOB AMD BIRING OP A PLANNING TECHHICIAN'S POSITION WITHIN CURRENT
PLAØWI.G SECTION OP PLANNING/ZONING DEPARTMENT - APPROVED
Acting Community Development Administrator Mullins said this i. a
reque.t to create and fill a Planning Technician position within the
current planning Section of the Planning/zoning Department.
...Co..I..lon.r Bolland l.ft the roo. at 3.38 P.M. and r.turn.d
aft.r the r.c....···
Mr.. Mullin. said this is a crisis situation where ther.e is one
.mploy.. trying to do the work of two and one-half to three people.
Co......on.r P..tor .oyed; ..cond.ð ~7 eo..I..ion.r Goodn.ght,
that the cr.atlon and filling of a Planning T.chnlclan'. position
wtthln the curr.nt Planning Section of Planning/zoning Depart..nt be
approv.d.
Commissioner Hasse aSKed if this is a new position and Mrs.
Mullins said it is ð new position for an existing job description.
Upon call for the question the .otlon carrl.d 4/0, Co.ai..lon.r
Holland out of the rooa.
...R!CESSI 3.40 P.M. RECONVENED. 3.47 P.M.···
Ite. '22
PETITIOH MP-8S-4C, JAKES VENSEL, REPR!SENTING SUBUR9~N ENTERPRIS!S, R!
MASTER PLAN REVISION FOR GOLD!N GATE VILLA PUD - APPROVED
Acting Zoning Director McKim said this is a request by the peti-
t.ioner to amend the approved Master Plan for the Golden Gate Villa PUD,
a multi-family development. She said the Board approved a PUD request
by Suburban Enterprises, A Joint Venture, on 6/5/84. for an 18.05 acre
parcel located on Golden Gate ParKway within the subdivison of Golden
Gate. She said the zoning permitted a maximum of 288 dwellings units
and the Master Plan approved at the time provided for 10 buildings of
24 dwelling units each and three buildings having 16 dwelling units
each.
Mrs. McKim said the petitioner has submitted a request to modify
the Master Plan by changing to a configifation of 36 buildings having
eight units each. She said no change t6 the originally approved
development standards or stipulations are being requested. She said
Staff and County agencies recommend approval, as does the CAPC.
Mr. James Vensel, rcpresenting the petitioner, said he brought
thi. change before the Golden Gate Civic Association and they voted to
Page 34
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support i't. He said all commitments and stipulations remain the same
and the traffic situation is being improved by having the parking
internal. He said no wording is changed in the PUD document.
co..I..loner Holland aoved, .econded by co..I..loner pl.tor and
carried unantaou.ly, that petition MP-B5-4C be approved.
It.. '23
STAFF DIUCTBD TO REACTIVATE ARTIFICIAL REEF PROGRAM
Natural Resourccn Management Director Proffitt gave a slide
pre.entation which showed various types of materials that can be used
for artificial reefs. These included concrete rubble and fabricated
structures.
He said
a reef building program needs a staging area to
for use 1n the reer, transport of the material to
delivery to the reef site.
accumulate materials
the staging area and
Tape '11
Dr. Proffitt displayed ~ chart which showed groupings of materials
for an artificial reef. He said the experts who came to Collier County
recommended 2500 cubic meters as a minimum size for an artificial reef.
He stated for the record the Loran coordinates for the reef built
through the u~e of the LCU Cypr~ss as 14086.0 and 43703.0, adding the
reef is one mile off Marco Island.
Dr. Proffitt compared the rubble type and fabricated reef mater-
ials plus whether the fabricated structures are done privately or by
Staff. He explained fabricated structure3 do not need staging areas as
they can be built in-land and floated to the site. He said rubble
material is more expensive and he recommended using fabricated struc-
tures. He explained these are used extensively in Japan with much
success.
Commissioner Pistor said a reef program is a good idea and that
the use of rubble would help get rid of that material so landfill areas
would not be used for its disposal.
County Manager Lusk said there is a pro~lem with the usp of rubble
because the cost cannot be controlled. He said he thought there was
about $80,000 left over from the program when the LCU Cypress was in
use. Fiscal Officer Giles said he thought the costs related to the
Cypress used a good bit of that money.
Acting Community Development Administrator Mullins said the
Community Development Department just received this program three or
four months ago and have submitted a budget for $150,000 for the next
fiscal year, but she said Staff is seeking direction from the Commis-
bOOK 087 PF.r 431
Page 3S
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.ioner. as to which way to proceed. She suggested a possible
, refer.n~um on the use of fabricated structures.
Commi..ioner Voss .aid the matt.er should be studied further, a
.taging .ite secured, and more information obtained.
Tápè 112
Deputy Aasi.tant County Manager Brangaccio .aid there was a
balance of $84,124 that was aet up by a budget amendment and approved
by the Board on December 12, 1984.
Fiscal Officer Giles said $100,000 was set up for the Reef and
Marine Program, repairs for the Cypress cost about $6,SOO, $40,000 was
recovered under insurance and $17,500 was recovered under the sale of
the Cypress. He aatd that money does not appear to have been
appropriated to a program.
Commi.sioner Holland pointed out that the crane was transferred to
the Solid Waste Department.
Captain George Batchelder referred to programs in Lee and Broward
Counties that have built reefs. He said he had information on sea
grant programs and Commissioner Voss suggested he give that information
to Staff.
Co..I..loner pl.tor .oved, .econd.ð by Co......on.r Goodn'ght and
carr'eð unan'lIOu.ly, that the Artlfic'al Reef progra~ be r.activat.d.
Mr. Lu~k said Staff would bring more information bacK on this
.ubject at budget time.
It.. '24
DEVELOPMENT ORDER 82-1 RE EMERALD ~ES AS AMENDED - RESCINDED
Co.....lon.r Holland moved; .econd.d by Co..ls.lon.r H.... and
carrted unan.aou.ly, that Develop.ent Ord.r 82-1 r. Em.rftld LaK.., a.
a.ended, be re.cinded. NOTE: SEE RESOLUTIO" 85-147 - PAGE 544A
Received in Clerkt~ Office 7/2/85
It.. '25
PETITION 8NR-85-(C, MARY SHOE~ER RE STREET NAME APPROVAL FOR
BBOEMAJŒR WAY - CONTINUED FOR MORE INFORMATION
Commissioner Voss said he requested that this item be removed from
. 'the .consent agenda because he df.d not th,.lnk streets should be named
after people who are living. '
Ac~in9 Community Development Administrator Mullins said Staff
could obtain móre information and bring this item baCK to the Board.
She said the current name of the street is Sandy Lane and there are
thr£e streets with that name, presently.
Page 36
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'·"'.:r~, LEAS!: AaUEMENT WITH JOHN , JOSEPHINE PAULICH P'OR SHERIP'P" S DEPARTMENT'
{~~!:. NORTH NAPLES SUBSTATION - APPROVED AS AMENDED
~F'" COllmission~r Voss said this item was removed from the Consent
~:~", Agenda be~ause there is an arithmetic error in the Executive Summary.
~:" .', Publlc WorKs 1>.dministrator Kuck 8ðid the words, per annum on thE!
~. first page of the lease should be deleted so it should read the lease
hereby covenants ãnd agrees to pay as rent for demised premisey tn. sum
of $24,000 in equal monthly installments of $1,000 each. He said this
is a two y~ar contract. ARsistant County Attorney Cuyler said the
proper information has been placed in the final document for this lease
and the rent commences in 1985 instead 'of 1987.
Comais.ioner Pistor moved, seconded by Comai.sioner Has.e and
carried unani.ously, that the Lease agreement with John , Josephine
Paulich for the Sheriff'. Department North Naples Substation be
;;¡¡;
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June 4, 1985
approved ns amended.
aOOK 087 p~r,[ 133
Page 37
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,'June 4. 1985
ALL BIDS R! '791 POR SANITARY LANDFILL CLOSURE, EUSTIS STREET
~~~V", ~~~ð~ - KEJECT~ü
Public WorKs AJ:11inist.rlltor Kuc1< explained tllat. bids wer~ received
on 5/8/85 for the closure of t.he Eust.is Street. Extension Sanit.ary Lðnd-
fill in ImmoKDlee (Bid '791). He said t.hose bids ranged from $429,000
to $679,000 and St.aff's ~stimDt.c was 5300,000. He said in view of the
excessive cost involvp.d in meet.ing DER's request to provide ~ water-
proof cover over the landfill, Staff recommends rejection of the bids
and deferring this wor1< until such time as groundwat.er monitoring
indicates 8 problem exist.s. He s~id test wells were inst.alled at this
øite in 1976 and quarterly testing hû5 (evealed no degradat.ion of the
groundwater.
COllmis.ioner Pistor moved, secondeð by Commissioner Goodnight and
carried unanimously, that all bids for '791, sanitary Landfill Closure,
Eustis Street Extension, Immokalce be rejected.
Item .28
RESOURCE RECOVERY REPORT - ACCEPTED, STAFF AND COUNTY MANAGER DIRECTED
TO COMPLETE RFP: RETAIN DR. STOKES AND/OR OTHERS FOR CONSULTATION:
RENEGOTIATE HDR CONTRACT AND COMPLETE RFP DURING COMMISSION VACATION
Commissioner Voss said this item was discussed at considerable
length at the 6/3/85 worKshop, Assistant County Mûnager rorrill as1<ed
for direction and said, if the Board wants to proceed. the next step
would be to accert t.he Resource Recovery Report and direct Staff to
proceed with the RFP process. He said Staff would li1<e to retain Dr.
S~o1<es and others to assist. t.hEm in preparing the RFP.
COllllissioner Goodnight moved, seconded by COllllisaioner Pistor and
carried unanimously, that the Resource Recovery Report be accepted and
that the Staff and County Manager be directed to complete the RFP: that
the County Manager be authorized to retain Dr. Stokes and/or others not
to exceed $5,000 for consultation, Staff renegotiate the HDR Contract
.to reduce the time and money for the RFP proc~ss~ that the RFP be com-
pletod while the Comllissioners are on vacation and that the RFP
encourage local technologies and financ~ng plans to obtain the best
alternatives for Collier County.
Page 38
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Ite. i29
APPOINTMENT OF VICKIE MULLINS AS COMMUNITY D~LOPMENT ADMINISTRATOR -
CONFIRMED
Co..isaioner Pistor moved and seconded by Co..i..ioner Goodnight
that the appoint.ent of VicKie Mullin. aa Community Develop.ent
Adminiatrator be con!lrmað.
Commissioner Rolland said he could not und~rst~nd a salary
increase of 30\ for this position when the Commission is telling
everybody ~lse to try to k~ep their payroll increase at 5~.
County Manager Lusk said that the Community Development Admini-
strator's salary in the post wa3 $42,000 and money was saved by combin-
ing the Planning and Zoning I:'irectors in~,o one position. A discussion
followed regarding the County Manager's reorgani~~tion of Staff.
Commissioner Hasse said he was in favor of Mrs. ~ullins' promo-
tion, however, he felt the increase in salary should be done in stages
rather than the 30% given now.
Mr. LU!lk pointed out ~lrs. Mullins will be on probation for six
months, adding her responsibilities have increased.
Commissioner Voss said the salary has to be structured with
responsibilities of the position and the responsibilitIes are worth
that salary.
Upon call for the question, the motion carried 3/2, Com.issioners
Hasse and Holland opposed.
Item .30
BCC SUPPORT OF HEALTH D~?ARTMENT'S EFFORTS TO ACQUIRE AN HRS HEALTH
DEPARTMENT ENGINEER PRIOR TO 7/1/8S - APPROVED
Dr. Polkowski, Collier County Heillth Unit Director, explained this
request is for BCC support for the HeiÜth Depa.rtment's efforts to
acquire a Health Unit Engineer to expertly execute the Department's
legal responsibilities covering septic tanks, swimming pools and
potable water systems. She said no County money iE being reauested to
fund this. She said she provided the Commissioners with a breakdown of
the activities of this person, which ðre legal responsibilities of HRS.
She said swimnling pool installers are complaining because of delays in
obtaining permits to lnstall swimming pools.
Commissioner Holland said there was a budget amendment presented
in June, 1984 and that it showed a Unit Trust Fund as a possihle source
of funds. He asked if that source has been investigated? Dr.
Polkowski said the drawdolm is used to balanc~ the budget but that
~OOK 087 W,t.. 453
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'00'( PF,:. '!v'!
cov~red a variety of areas within the H~alth Ðcpartment.
Tape fl3
Mr~ Roger Evans, Health Department Business Manager, said the
drawdown amo11nt is an amount requireð to meet the overall requirements
of the County Health Unit OptHlItion. He said funding comes from the
County and the State in operational revenues. He said lIn additional
amount io required to fund the operation of the County Health Unit
since most of the activities run at a loss. He said the reserve money
generateð from good management and other aspects through previous years
are applieð to the existing budget and that is the monay to which
Commissioner Hollllnd referred. He said the money can b~ used in any
year's budget where there is a neeðe~ amount to cover the expenses of
operation as projected in th~ budget.
Dr. Polkowski said the H~alth Department has unspent monies
because of vacancies that have not been filled and from increased
revenues from fee collections. She said that fund will not b~ used to
fund this engineer during the current year.
COmlliasioner Pistor moved, seconded by COlllliasioner Goodnight and
carried 4/1, Commiøaioner Holland opposed, that the Board support the
Health Departllent's efforts to acquire an HRS Health Department
Engin..er prior to 7/1/85.
Item t31
CONTRACT FOR ARCHITECTURAL SERVICES BETWEEN H.J.S.H., INC. AND THE BCC
FOR THE PROPOSED HEALTH SERVICES BUILDING - PUT ON HOLD UNTIL AFTER
BUDGET HEARINGS
Assistant County Manager Dorrill expl?\ned this item concerns a
renegotiated contract baaed on several series of former Board actions
concerning the Justice Center refunding and the new money t~at is
available and the scaled down ~ealth facilities buildl.ng. He said
Staff recommends approval.
Commission~r Holland said there has been considerable discussion
a mill being put into ~ffect this
He said it has been mentioned
Ju~ge's chambers would be one of
/
the first priorities. He r~ferred to Df. Polkowski's presentation at
th.e 6/3/85 workshop and said the health facilities buildinq would
possibly be the number two priority. He asked if it is oremature to
select architects and engineers for this building?
on the possibility of some portion of
- year for future côpital improvements.
that the balance needed to finish the
County Manag~r Lusk said there h3ve been discussions reqarding
Page 40
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adding a.year before money would be available for the health facilities
building if millage is used. Rescoriding to Commissioner Holland, he
said this year l/lOth of a mill would generate $700,000 and $500,000
has b~en discussed as being used for Buildinq "A" so it would he
another year before another l/lOth of a mill could be used for the
Health Department.
Dr. Polkowski said her department's current space with the
trailers and office front is 10,BB4 square feet and there are multiple
problftms with that amount of space. She said that 11,000 sa~~re feet
would be even worse in a couple of years from now because of the need
to grow and provide better servic~5. ~~ saió the alternative would be
that the department would continue providing services out of the
trailers and the slt:re front in addition to the 11,000 square feet of
the proposed building. She said a possihle alternative would be if the
department stayed within the current fclcility in addition to the new
building. She said the department needs much more than 11,000 square
feet and if it would mean waiting a short while to qet adequate space
she thought she could wait.
***Deputy Clerk Magri replaced Deputy Clerk Skinner at 5115 P.M.***
Commissioner Voss said that the wait would have to be until
October when the budget is finally "pproved and, at that time, if the
Commission decides to increase the taxes sufficiently for additional
space, the Health Department would h~ve it.
County Manager Lusk said, if the majority of the Commission feels
they will pass more than l/lOth of a mill for C3pital projects, he
would suggest this contract be put on hold until budget time.
Dr. Polkowski said that if there is a chance, she would like to
take that chance.
Commissioner Holland .oved that the contract for architectural
.ervices between M.J.S.H., Inc. for the proposed health services
building be put on hold until after the budget hearing8. COlllli..ioner
Pi.tor .econded the motion which caried 5/0.
Assistant County Manager Dorrill indicated to the Board that they
may not have the same contract or fee if they come back at a later
date.
&DOK 087 PAr,(455
Page 41
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June 4,
1985
REôCLv~!C" C~-1=5 ~rTTI~a C~~ T~~~S OF P~OPORED SETTLEMENT AGREEMENT
BETW!:D1 .ELHANON AND SANDRA COMBS Rl!: THE GOLDEN GATE "MINI-M1J.L" -
ADOPTED
Assistant County Attorney Cuyler pointed out thðt the proposed
settlement agreement between Elhanon ðnd Sandra Combs and the County
doe. not rezone any property, it simply clðrifies the commercial uses
that would be allowed. He said that Pages 2 and 3 set out a number of
zoning uses which would be recognized after construction of the
premises, and it is a clarification of what the owners can use on the
property. He said that they will be permitted to switch back and forth
between the uses. He said that they are primarily C-3 type uses and
one C-4, for the restaurant. ~e said that there is another use that
the owners will probably want to discuss, and that is the ~eneral st0re
use.
Regarding the construction, Mr. Cuyler said th~t the owners are
going to be reouired to bring the premises up to current code within
180 days and a single unit will be given an additional 90 days if it
dc~s not affect the buildin~ as a whole. He said that after they have
completed all of the construction that affects the building as a whole
they will be given a Certificate of Occupancy and at that time Collier
County will recognize thesc uses that they will be able to engage in.
He said that businesses currently operating there will be able to
continue operating while construction is going on. He said that these
things have been agreed upon.
Assistant County Attorney Cuyler said that things that have not
been agreed on are fire safety. :!e said that they have discussed a
sprinkler system and the owners feel that it is an unreasonable reauest
because there is no running water out there now and they would be
required to provide their own source. He said th~t the East Naples
Fire Department and the County ruilding Department cre very concerned
that there be fire protection. He said that one of the alt~rnatives
that has always been provided to the owners of the premises is a four
hour fire-rated wall dividing the building which woul~ më\ke it
manageable in the event that there was a/fire in the building
Chief Jim Billman, East Naples Firè Departm(:nt, said thilt this
issue ha~ been addressed since 1978 and the concerns are the same. He
said that they need a water supply to put out any fire that begins in
that building. He said that a water supply is th~ first st~o that has
to be taken to 0~t thia building saf~'r ûnñ the sprinklers anõ/or wall
Page 42
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i~ the 5~cond and third step. Pe suggested the possibility of puttina
in a well and rump so that they could aJ~q~~t~ly 'iaht n fire. H~ said
that this is a very dry season and it would drain all of the County's
resources to retain a fire. Chief Billman said that with a four-hour
fire wall they could probably save 1/2 of the building. He said that
this is not 100~ of the tenants' problem and there is more commercial
growth in the Parkway ~r~a. H~ ~~iñ th~t they neeñ the tools to ~e
able to do the job. He said that a building of this size would need a
very large water supply, 5000 gpm. He said that does not m~an that
they need a well that producps soon gpm, they need somethinq in the
range of 1000-1500 qpm for a timely rC3ponue. If there was an adeauate
water supply .Jnd sprinklers, Chief nillr.lan said that the ~amùqe would
be minimal. He said that one sprinkler head can hold most firc to the
area of origin almost indefinitely until it extinguishes.
Commissioner Voss asked if a fire mar~hal would permit a
Certificate of Occupancy if these items were not accepted? Chief
Billman replied that they have to be satisfied that they can do their
job and if the settlement of the current litigation is such that it
doesn't addres~ some of these areas they would have to get into some
sort of negotiùtions with the tenant about it.
Commissioner Hasse q~~stioned the reauiremßnts of gpm with a
sprinkler system in the buildin~? Chief Billman said that without
doing some calculations he could not provide that answer as it depends
on the ceiling. etc. Commissioner Hasse askp.~ if there is l25~ psi
from a well how much would each sprinkler h~ad put out? Chief Billman
replied 15-20 ~pm. Commissioner Passe asken how much that covers ^nn
Chief Billman replied that the industry standnrd is to put the
sprinkler heads every ten feet ann the cost is usually figured at $1.00
per square foot.
Commissioner Pistor asked if it Wèr~ l~ss expensive to put in a
holding tank for 200-300 gallons of water that the fire department
could draw on and would that alternative be worth considering? Chief
Billman said that any way that would supply the water would be a good
solution.
Commissionér Holland questioned Chief Billman as to how many fire
calls that he has made to this particular building ann Chief Billman
replied that he has not had any bad fire calls in that building.
Attorney Jim Siesky, representing Elhanon and Sandra Combs, said
that they have a problem with the sprinkler sYÐtem and the four-nour
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fire wall. He related th^t they had an estimate of $75,000 for the
fire wall and that does not solve the problem, Re said that tne
sprinkler system, without the water supply is $48,000. Mr. Siesky
=~;;::;t=~ t~.:.~ ü ¡:'..:ï¡;'';;: r~i-.-:tivú úf YU'Ic=[nment is to prov1ðe the water.
He said that they do no want to go through the expense of putting in a
sprinkler system if they do not have the water to go through it. He
said that demands have been made of Mr. Combs without thinking of the
economic ramifications. He said that they are down now to four items
of resolving this issue. Mr. Siesky asked that Mr. Combs not be
required to install the sprinklers until the water is available.
Mr. Combs said that the Commissioners have enough information to
make a decision on the building. He said that according to code they
can build that same size building ~nd have 205 inches of door access
and 933 people in that building and they can travel 150' in that
building without a sprinkler system.. He sàid that the building is
safer, as far as life is concerned, that an v building operating like
that in Naples. He pointe~ out that the closest building is 600' away
and no one Cdn get closer than 45'.
Commissioner Voss questioned how muc1. ~Jou1d be saved on fire
insurance if the building W~B sprinkled? Mr. Combs said very littl~,
if any, and that he currently pays 57,500.
Commiosionp.r Voss questioned ^~sistant County Attorney Cuyler if
the fire issue was not addrp.ssed in the settlement, and subsequently
they could not get a Certificate of Occupancy, is thp County out of it?
Mr. Cuyler said that the County has its own code and that is why he is
providing the Board with two separate issues. One of which is the
sprinkler system and some indication that they will put in a sprinkler
system when water is provided to the prem:ses. He said that if the
sprinkler system were put in that would comply with the code. Re said
the second way to comply with the Fire Code and the Building Code is to
put in the four-hour fire wall. Pegarding the water supply, he said
that it is obvious that the fire district's concern is to keep ~ fire
contained in the building.
Mr. Combs said that the building was built in 1974-75 and h~ ~as
not been in a tire district until they qÓmpleted the building in June
of 1982. He said that they were not pul into the fire district until
March of, 1983.
Attorney Siesky s~id that th~y talked with staff ~bout the possi-
bility of putting in a one-hour ceiling. He said th~t thie is
Page 44
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=c~~thlng that is permitted by the code as an alternative to the
8prinkl~r system and the four-hour wdll. He said that they could havp
a maximum of 13,500 square feet which relates to the perimeter around
the building. Mr. Sicsky said thnt they arc willing to put in the
sprinkler system but there is no adequate water supply and that there
i. no reason to put the system in no\~. He said that th~ four-hour fire
wall is not a reasonable alternative, pointing out that Mr. Combs is
bearing the risk and it is not rational to put out ~75,OOO for a fire
wall when he can get the fire insurance for $7,500. He said t~at they
have discussed the possibility of totally eliminating a corridor and
Baid that they would like to have the ooport"nity to present some plans
to accomplish that.
Assistant County Attorney Cuyler advised that he had as~ed the
Building Department to check into figures for the four-hour fire wall.
Mr. Joe ~!agri, Structural Specialist, said that he qot a fiqure of
approximately $35,000. He pointed out that the fire district has
nothing to do with the requirements of some of the fire resistance that
has to be put into this building. He si'lid that when you get into a
fire district it requir~s more flre resistance, mostly to the outside
of the building and when they talk about fire district, thøy are
talking of fire dintricts in relè'.ion to the code book where there are
more stringent requirements for fire resistant construction. not Fire
Districts such as East Naples. North Nanlcs. etc. He said that it has
no bearing as to whether Mr. Combs was in the fire district when the
building was put up or not. He said that ðll they are looking for in
this building is life safety and some fire resistance.
Commissioner Hasse questioned how the building was originally put
up and who had control? Mr. Siesky sai~ that the building w~s given a
Certificate of Occupancy and had a'valid building pp.rmit.
Commissioner Voss questioned why the County is suing Mr. Combs and
Mr. Cuyler replied that they conducted unauthorized construction on the
pr(:mises and engaged in unauthorized zoning uses. He øaid that the
settlement agreem~nt proviñ~s wh~t the parties will do and terminates
that 11 ligation.
Commissioner Holland suggested that the whole matter be brought
out at this time.
Mr. Cuyler said that there are benefits for Mr. Combs to know what
he can and cannot do with the building.
Commissioner Holland asked Mr. Magri if he is familiar with the
&OOK . 087 Þ~',~ 459
Page 45
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~:~~ 087 ~n 160
building and he replied affirmatively, adding that it is concrete block
with wood trusses and an asphalt shingle roof. He said that the
concreté block would have a two-hour fire protection.
Mr. Magri said that in 1981 the Board adopted the fire districts
and they are not exactly as to the code book for a fire district. He
said that the fire districts have been commercial and industrial areas
and that this building, in a fire district, would require a Type A or
Type B roof covering. He said that previously the huilding was used as
a flea market and that they have tried to work with Mr. Combs to
establish walls between the tenants and between the corridor. He said
that it is not just the exterior of the building that they have to
worry about.
Commissioner Holland said that this situation was inherited and
there will have to be give and take on all sides to work things out.
He said that Mr. Combs is ready to give a little and he hopes that the
Building Department and Fire Department can agree and that a solution
can be worked out once and for all. Attorney SiesKY said that Mr.
Magri has worked diligently with them, as has Mr. Cuyler and they have
hoth bent. He said th~t he hopes that the Commission can see fit to
extend the time for the fire sp~inklers until the water is avail~ble.
Discussion ~nsued about the proposed settlement agreement with Mr.
Cuyler advising tha~ if the Board approved the agreement, it still must
be agreed upon by Mr. Combs and, if it is not, they can still go to
court.
Commissioner Pistor auestioned what the after-the-fact permit
covers and Mr. Cuyler said that there was an initial permit taken out
and there has been construction in eXC~SB of that permit and they will
have to pay after-the-fact permit f~es and pull new permits. Mr.
Siesky said that they are pùying four times the buildina permit fee.
Regarding a fire wall, Mr. Combs said that they would have to cut
the building in two, put in a footer and fill the bloc~s up and put
pilasters to keep them from falling off and then remove the roof and
,that is talking about an expense that is going to run m0re than a fire
sprinkler system.
/
Commissioner Voss ouestioned whãt ~he County is receiving and Mr.
Cuyler said that they are brinqing the building up to code. He
clarified the fact that the $35,000 for the fire wall includes
everything that Mr. Combs mentioned.
There was continued discussion ñbout fire aistricts, whether or
Page 46
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not a one-hour ceiling woulá eliminate the necessity of the center wall
and various related items ouch as ~ ,four-hour fire wall anð n w~ll.
Chief Billman said that they have tried to compromise and that a
four-hour fire wall is bettar than \~hat they have today. He said that
it may be a legal solution but it is not a safe sOlution.
Commissioner Voss asked Mr. Billman if they had a tank of
sufficient size would he accept the building as it is or would he want
a fire wall? Chief Billman replied that he would be relu~tant to say
that about any bUilding because when they inspect it they would have to
do ~ new firc inspection and keep in mind how the bUilding i~ going to
be used.
There was more discussion on availability of water and
Commissioner Pistor pointed out that the County cannot supply water to
everyone and that Mr. Com~s would have to supply his own. Mr. Sies~y
said that they cannot conceivably get a permit from the South Florida
Water Management District to permit a well of the size needed and
Utilities Administrator Crandall suggested the possibility of running a
line from Wyndemere. He noted thilt they are buying raw water from the
City of Naples. He said that Wyndemere has their own treatment plant
and that posBibly Mr. Combs could buy water from that plant.
Tap. US
Chief Billman said th~t a well of this dimension is being placed
at the Ford Test Track on Alligator Alley at an estimated cost of
$25,000.
Mr. Combs said that the Health Department indicated that they do
not h...ve any problem with a fire well but the SFWMD does, and he was
told by them that they could not do it.
Mr. Cuyler suggested that they provide the sprinkler system or
íour hour fire wall within six months or connect to Wyndemere to
provide the water.
Attorney Siesky said that they would agr~e to ~ake application to
the SFWMD for this size well and upon approval of that per~it they
would install the sprinkler system.
COlllliseioner HOlland moved that Mr. Combe be given a p.riod of
ti.. to apply for the well perllit, with the lIonitoring of that
application by Mr. Cuyler, and that his office, upon receipt of the
permit, aee that the sprinkler sy.tem ie installed within a period of
90 daye or whltever it would take, or find 80.e other euitabl. aupply
of wAter. Commiasioner Haee. aeconded the lIotion.
aDaK 087 ".I~¡ 461
Page 47
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,oo~ 087 n.: 462 June 4, 1985
Assistant County Attorney Cuyler said that perh^ps the Board may
W~nt to add an alternativ~ it the permit is not 9ranted, the agreement
will not be signed and that Hlis will come back to the Board.
Attorney Siesky ask~d whðt they are to do with the huilding in the
m~antime? He said that they want an agreement today and Commissioner
Voss said that they cannot have an agreement until they know if they
can get the water and they are either going to have to build a wall or
put in a sprinkler system with a water SUpply. Commi3sioner Holland
said that they conti~ue as i. until the fire wall is resolved.
***Collllissioner Holland left the room at 6110 P.M.***
Assistant County Attorney Cuyler suggested the following
alternatives!
1) ~1ere is not going tc b~ an agreement this date. Mr.
Combs would apply to SFWMD for a well of ,sufficient
size and come back to the Board and indicate that they
are going to put in the sprinkler system.
2) The ßoard could enter into an agrcem~nt today indicating
the same things with the additional stiuplation that if
SP."~fD dr.>nics the perm i t to put in the well and they
cannot qet the w~ter from another cource, the sprinkler
option is out and they put in a four-hour fire wall.
3) Install a one-hour ceiling.
***Commieeioner Holland returned at 6114 P.M.***
AsSistant County Attorney Cuyler requested that the Board adopt a
resolutio:1, which he ~'ill prepare, that will authori:>.:e Poard execution
with regard to the agreement as it stands right now except that a
couple of business names have to he changed, and a cOuple of blanks
have to be fillect in that have been agreed uF~n. Also, that ~r. Combs
will apply for a well of sufficient size for a sprin~ler system with
the SFWMD and/or pursue an alternative for a water source. If that is
denied within six months, at that period of time they would be reauired
to put in a four-hour fire wall. If the permit is qrant~d, then they
will proceed ~nd within a six month period of tim~ they will put in a
sprinkler system, and, they can put in th~ bathrooms that th~ Health
Depart~~nt wants.
COllllissioner Holland amended hi. ~otion to include the wording of
Mr. Cuyler and Commiesioner Has.. amended his second.
Mr. Combs said that if thf:'Y cannot¡;ccomplish this in six months
they will be back before the Board.
The motion carried 5/0.
Note: No document received in office of Clerk of the Board as of 6/13/85.
Page 48
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June 4, 1985
APPROXIMATELY $10,000 FOR EMERGENCY HELICOPTER REPAIRS _ APPROVED.
POSSIBILITY OF LEASE/PURCHASE OF ANOTHER AIRCRAFT TO BE DISCUSSED
DURING BUDGET HEARINGS
Ansistant County Manager Dorrill said that the helicopter had a
parts failure which ~amaqerl th~ tUrbin~ rotor assembly and first ~taqe
turbine and in trying to determine what it would cost to repair that
it became obvious that it would exceed the repair and maintenace line
item fòr the helicopter for the balance remaining this year. He said
that in talking with the mechanic and the chief pilot they indicated to
him that the e.),; ine was due for l\ complete overhaul ilnd was scheduled
for such early next fiscal y~ar and they rccommended that the entire
jOb be done at the existing time instead of sending it back out for a
complete overhaul next fiscal year. He said that it would cost about
$10,000 for the repairs and the complete engine overh~ul re~uired by
the FAA every 1,500-1,noo hours will cost bebleen S50-60,Ono and he
recommended that the Board authorize them to make the necessary budget
amendment to make the necessary emergency repair only.
Mr. Dorrill said that if this County is going to continue to have
a legitimate rescue and D1S h~licoPter activity, based on the age of
the County's aircraft wìl1:h is DOme 25 years old, they should explore
this summer, as part of the overall budget process, the lease/purchase
of a similar but more fuel efficient helicopter that, in addition to
serving this County's needs, would also eliminate the requirements for
continuing requests for addicional ambuJances.
Commissioner Voss questioned the resale value of t~e aircraft if
the overhaul is done and ~r. Dorrill said that it would ennance the
value because it would have a "0" time engine. He aaid that you do not
know what you will get for it until the cash is in-hand. He said that
he would just as SOon make the emergency repairs to finish out thp.
balance of this fiscal year. He said that he would like to finish out
the year and then trade the helicopter in or declare it surplus and
sell it ~nd take the cash as a result of the sale of the Huey which is
somewhere between $100-150,000 and apply th~t towards the lp.ase/
purchase that he mentioned previously.
CoII.i..ioner Piator IIOved that approxillately $10,000 be approved
for the helicopter repair. at the tille and that it be discu..ed further
at the budget h~arings. Co.mia.ioners GOodnight and Holland seconded
the motion.
~OOK 087 w.t 463
Page 49
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'OOK !'A .\ 'i. "t.
COØlll1 .sionvr Hollðud queel:.ionecJ i r èlnYOne has contacted F't. Myers
' to seo if their helicOpter could be le~.ed or have their air ambulance
serve areas of Collier County? Mr. Dorrill said that they have a
conCern with being able to caver Lee County and, in addition, COver
"Collier County from Page Field because it will add an additional 40 to
100 miles one way, dependin';! on where the scene is. He said that he is
not aware of a private helicopter air ambulance facility other than one
in Miami and Ft. Lauderdale. Commissioner Holland said that there is
one in Ft. Myers and requested Mr. Dorrill to check into it.
Upon call for the vote, the lIotion carried 5/0.
Itea 134
RESOLUTION 85-126 FORMALIZING POLICY R~ SUPPORT AND L~QAL DEFENSE OF
MEMBERS OF ADVISORY BOARDS, QUASI-JUDICIAL BOARDS AND REGULATORY
BOA!U>S - ADOPTED '
Commi..ioner Pi.tor lIoved that the Board adopt Resolution 85-126
forllalizing a policy re support and legal defen.e of lIember. of
adviaory board., quasi-judicial boards and regulatory boards.
CO.lli.sioner GOOdnight seconded the motion which carried unanillously.
i
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135
'/:" ,: SATISFACTION 01" LIEN RB LOT 27, BLOC!C 1:¿2, MARCO BEACH UNIT 4, LEE
;.:~-:,... !MMAHBEL - AU'I'HORIUn FOR RECORDING
·~:;"<CÒUb'I·~." Pbtor ....... ........ by C."I..lon.. Goodnight .nd
'carried 5/0, that a Bati.faction of Lien re Lot 27, Block 122, Marco
Beach Unit 4 to Lee Emllanoel be authorized for recording.
June 4, 1985
~oor. 087 w.:. 467
Page 51
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June 4, 19A5
. Ite. 136
".. AGREE:U:NT tUTU AM!:RICAN AMBtILANCE TO SPLIT JUDGES' ARBITRATION FEES
APPROVED
Assistant County Attorney Ken Cuyler ððvised that the judges in
the arbitration proc~eðings are paid $500 per day and there are three
jUðgea which is $1,500 per day ðnd he requested authorization from the
Board to enter into an agre.ement with American Ambulðnce to split that
fee 50/50.
C0211issioner ROlland moved, seconded by Co..i..ioner Pistor and
carried unanimously, that an agr'~.ent with AIIerican Ambulance to .plit
the arbitration fees a. outlined by Assistant County Attorney Cuyler be
approved.
Fiscal Officer Giles said that he hoped that there was some
assurance of collection and Mr. Cuyler said that would be taken care
of.
NOTE: Agreement not receiveù in office of Clerk of the Board as of 6/13/35.
&OOK 087 Nr,t 46.9
Pase 52
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Item '37
,oot: 087 rl'.1 470
June 4, 1985
BUDGET AMENDMENTS 85-287, 289, 290 and 291 _ ADOPTED
Co..i.aioner Pi.tor moved, seconded by COllmi..ioner Holland and
carried unanillou.ly, that Budget ~endllents 85-287, 289, 290 anð 291 be
adopteð.
ltell .38
ROUTINE BILLS- APPROVED FOR PAYMENT
Pursunnt to Resolution 81-150 the following checks were issued
through Friday, Mòy 31, 1985 in payment of routine bills:
CHECK DESCRIPTION CHECK NOS. AMOUNT
Vendor
128819 - 129376
$2,154,736.03
BCC Payroll
14637 - 15211
$ 247,688.20
Itell .39
JAY BISHOP'S RESIGNATION FROM SOLID WASTE ADVISORY COMMITTEE _
ACCEPTED. JOHN HESTER APPOINTED AS REPLACEMENT
Commia.ioner Pistor moved to accept Jay Bishop's resignation froll
the Solid Waste Advisory Committee and to appoint John Hester to
replace Mr. Bishop for the remainder of the term which expires March
16, 1987. Com.i.sioner Goodnight seconded the lIotion which carried
5/0.
Tape n 6
Item 140
RESOLUTION 85-127 SUPPORTING 50-BED SATELLITE NORTH COLLIER HOSPITAL _
ADOPTED
Co.missio~~r Holland moved, seconded by Commissioner Pistor and
carried 5/0, that Rosolution 85-127 .upporting a 50-bed aatellite North
Collier Hospital be adopted.
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I:ESOLUTION NO. 85-.1.2.1-
A RESOLUTION SUPPORTING THE ESTABLISHMENT
OF A 50-BED SATELLITE NORTH COLLIER HOSPITAL
BY COZ-<.MUNITY HEbLTH CARE, INC.', AND THE NAPLES
COMMUNITY HOSPITAL.
WHEREAS, it is in the best interest of the citizens of
Collier County that the reallocation of fifty beds previously
approved for Naples Community Hospital is reallocated, to a newly
operational satellite urgent fare facility site in North Naples;
!
!
WHEREAS, tho establishmept of a 50-bed Satellite hospital in
and.
the North Naple5 locatión would provide medical care facilities
to accommodate population growth now occurring in Collier County
and is consistent with the County's comprehensive plan;
NOW THEREFORE BE IT RESOLVED by the Board of County
Commissioners of Collier County, Florida, that Collier County
fully supports the establishment of the 50-bed satellite North
Collier Hospital.
Ti¡is Resolution ad<t)ted after motion, second and roll call
vote as follows:
Commissioner Holland ~Io t io ned and aye
Commissioner Pis tor Seconded and aye
Commissioner Hasse - Aye
CommisBioner Goodnight Aye
Commiasioner Voas Aye
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: ~{/r
FREDER K . VOSS, Chairman
" ,
_ 087w.t471
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087 ~S',r 472
1985
June- 4,
1,000 TO APPRAISE EXTENSION OFFICE PROPERTY IN IMHOKALEE _ AUTHORIZED
Commissioner Goodnight said that several years ago after one of
the fires at Six L's Packing Plant, Six L's was given a permit to
rebuild, however, the codes of the County were not fOllowed, resulting
in continuous traffic violl1tiods, parKing on the right-of-way, etc. and
a County employee's car being damaged. She said that in tryinq to come
to some kind of compromise she asked Six Lis if they were interested in
buying the Don Landers E~tension Office in Imrnokalee ðnd they said that
they were. She proposed that Six L's have the opportunity to bid on
this property and, if they a:'e able "'v buy it, that the County take the
money from the sale and build a new facility for the 'extension office.
She said that before the County can go any further they need to know
the appraised value.
Commissioner Goodnight moved, aeconded by Commissioner Pistor and
carried unanimously, that $1,000 be approved to appraise the extension
office property in Immokalee.
Itell 142
BCC WO~SHOP SCHEDULED FOR JUNE 17, 1985 AT 10100 A.M.
County Manager Lusk r:ugC¡'9sted that the Board hold a workshop on
June 17, 1985 at 10:00 A.M. and the Commissioners concurred.
Itell #43
UTILITIES ADMINISTRATOR CRANDALL TO REPORT TO BOARD AT NEXT MEETING R!
STATUS OF THEIR STUDY FOR MASTER PLAN WATER NEEDS
Commissioner Voss noted that the Board has received a detailed
memo from Tom Kuck, Public Works Administrator, about the water supply
and said that the stñff should be directed to beqin looKing imm~diately
for well sites and adding wells to the present well fields and adding
to the size of the treatment plants. Commissioner Voss said that as
time goes on the County will need additicnal well fields and they need
to start now before the price gets out of. sight.
UtilitieÐ Administrator Crandall said that at the next meeting
/
there will be a rcport on the stat~s of/~heir study for master plan
wAter needs and probably at the first m'eeting in Auqust they would be
coming to the Board for a request for the expansion of the water
treatment plant.
Page S4
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***
Th.'following ite.. were approved and/or adopted by lIotion
of Co.-i..ioner Goodnight, .econðed by Co.-i..lon.r Ha...
and carried unaniDOu.ly.
..*
Ite. '44
PETITION TR-84-15C, PATTI A. HYLANDS R! SECOND AND FINAL THREE MONTH
. EXTENSION OF A TEMPORARY RESIDENCE PERMIT ON TRACT 56, UNIT 18, GOLDEN
GATE ESTATES
It.. 145 '
PETITION TR-84-12C, LARRY D. BENSYL RE A SECOND AND FINAL THREE MONTH
EXTENSION OF A TEMPORARY RESIOENCE PERM!~ ON TRACT 86, UNIT 7, GOLDEN
GATE ESTATES
Itell .46
PART II OF SECTION 8, ANNUAL CONTRIBUTIONS CONTRACT
Itell .47
See Paoes
Document not received in Chak uf ~ulird office as of 6/13/85.
RESOLUTION 85-128 RESCINDING RESOLUTION 85-46 RE S.R. ELFERDINK,
~LOUGHBY ACRES, LOT 348
See Page f' 79
Ite. 148
PAYMENT OF AN IBM PC COMPUTER FOR THE NATURAL RESOURCES MANAGEMENT
DEPT.
Ite. #49
EMPLOYMENT AGREEMENT WITH LINDA S. WEINLAND TO REPLACE MAURA CURRAN IN
THE NATURAL RESOURCES MANAGEMENT DEPT. FOR 2-1/2 MONTHS
See Pages
~'9~ -~9:'?
.
Item '50
ESTABLISHMENT OF A ROAD IMPROVEMENT DISTRICT IN SECTIONS 35, AND 36,
T48S, R26E - POSTPONED
Itell .51
LAKE TRAFFORD MEMORIAL GARDENS CEMETERY DEED 1419
See Page
//fj/
eODK 087 PAr.[ 473
Page 55
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It.. '52 &OOK 087~1'.!474.
LIST OF. APPROVED QUALIFIED APPRAISERS
Sea Page 9'?'.5"
June 4, 1985
It.. .53
ACCEPTANCE OF COMPLETED CONSTRUCTION OF SANTA BARBARA BLVD. IMPROVE-
MENTS (RADIO ROAD TO GOLDEN GATE CANAL) IN ACCORDANCE WITH SID .715
Ite. .54
PRELIMINARY ACCEPTANCE OF PELICAN BAY UNIT FOUR, PRASE TWO AND THE
ONE-YEAR MAINTENANCE SECURITY AND THE 110' GUARANTEZ SECURITY FOR THE
REMAINING PORTION OF PELICAN BAY UNIT FOUR
Ite. .55
PRELIMINARY ACCEPTANCE OF LAUREL OAK DRIVE FROM U.S. 41 TO STATION
8+82.4 AND RIDGEWOOD DRIVE FROM PELICAN BAY BLVD. TO LAUREL OAK DRIVE
LOCATED IN PARCEL "B-, PELICAN BAY UNIT ONE AND ACCEPTANCE OF ONE-YEAR
MAINTENANCE SECURITY AND THE 110' CONSTRUCTION SECURITY FOR THE
REMAINING PORTION OF LAUREL OAK DRIVE
Ite. .56
INCREASE IN PURCHASE ORDER NO. A1S09 IN THE AMOUNT OF $5,500 RE BID
1766 TO STAHLMAN AND STAHLMAN, INC.
Itell '57
EXECUTION OF LEASE FOR HUEY HOWARD AT IMMOKALEE AIRPORT
See Pages ~¿?¿-~J7
Ite. 158
RECLASSIFICATION OF PRESENT EQUIPMENT OP~RATOR III POSITION AT THE
NAPLES LANDFILL AND THE PRESENT EMPLOYEE TO BE PROMOTED TO FOREMAN II ",.
!tell 159
PROPOSED FUNDING PLAN, ·SHORT LIST· AND AUTHORIZATION TO NEGOTIATE A
. CONTRACTUAL AGREEMENT FOR MARCO ISLAND BRANCH LIBRARY ARCHITECT
I te.. 160
AMENDMENT 13 TO CONTRACT 124-85 RE GRANT ,FOR Fl)NDING UNDER THE
CO~'JNITY CARE FOR THE ELDERLY PROGRAM
/
See Pages ..22i..:1/91
Ite. .61
PROJECT AGREEMDT WITH THE STATE OF FLORIDa\, DEPT. OF NATURAL RESOuRcEs
FOR THE DEVELOPMENT OF NAPLES MUNICIPAL DOCK
Set! Pages .s-ao - ,5/~
Pa¡;e 56
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June 4, 1985
'62
AGRaIKDl'r WITII COLLUR cown SCHOOL BOARD PaR THI USI or SCHOOL BUSIS
IN THI 19S5 COUNTY'S SUMMIR PROGRAM
See Pa 9" 6'" Æ':- -S'JI.
. Ite. '13
BUDGET AMIXDMarr PaR $128,000 APPROVED BY BOARD or COUIITY COMMIS-
SIONIRS, Ix-orrICIO GOYlRNING BOARD or TBI COLLIER COUNTY WATER/SIWBR
DISTRICT, PaR 'I'IQ IIOYlJlD'I' or CAPITAL PUNDS PROM RISIRV'S TO 81
IXPIIIDID AGAI.ST TIll! -ADDITIOMAL SERVICES- SICTIOM or THI BOLl,
JlOMTIS/PRC ENGI.IIRING CONTRACT
Ite.'64
WIGGINS BAY SUBDIVISION - SIWER ~ILITIBS ACCEPTANCE
See Pages .s/7- 0.5-.3/
Ite. "5
RIYlRWOOD BAST UNIT 2 SUBDIVISION - SEWER AND WATER rACILITIIS
ACCIPTANCE
See Pðges .sJ~-õ.3ð'
Ite. f6 6
CIRTIrICATIS or CORRBCTIOM TO TBI TAX ROLL AS PRISIMTID BY TBI PROPIRTY
APPRAISIR
692
1982 TAX ROLL
314
1983 TAX ROLL
4/30/85
4/30/85
1984 TAX ROLL
205/215
4/30-5/14/85
PERSONAL PROPERTY TAX ROLL
!2.!i
1984-140/14l
5/22-5/24/85
Ite. 167
IXTRA GAl. TIMI PaR IIfMATI MOS. 35862, 46920, 45560, 36748, 434'7,
25617, 4377t, 36568, 47034, lOtS, 28270, AND 3145S
It.. UI
DuPLICATI TAX SALE CERTIrICATI '3333 TO JUDITH BOLLIY HISTER, '3473 TO
WAYMI JlILLER AND '284, 451S, 4521 AND 4364 TO V. R. PALMIR BICAUSI or
toSI
S.. Pages cS39-.£¥¿,I
aOOK
087 PAr,r 475
Page 57
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It.. t6~OD( 087 p~·.t 476
June 4, 1985
MISCBLLANBouS CORUSPONDENCE - rILED AND/OR UFERUD
There being no objection, th~ ~air directed the miscellaneous
corre.pondence to be filed and/or referred as follows I
1. Letter dated 5/17/85, from Deborah L. White, Environ.
Specialist, DER, enclosing a short form application File No.
Ill040509 for dred~e and fill activities. XCI Mrs. Mullins.
Filed.
2. Received 5/21/85 from DER the Florida Rivers Month _ June
1985 Calendar of Events. Filed.
3. Received 5/23/85, copy of Big Cypress National Preserve
Planning ':eam Public Meeting Feedback. XCI Mrs. Mullins and
Dr. Proffitt. Filed.
4. Received 5/17/85, FaKahatchee Strand, A Florida Panther
Habitat Preservation Propo~al Final Environmental Assessment
for April 1985. XCI Mrs. Mullins. Filed.
5. Copy of memorandum dated 4/30/85, from Fiscal Officer to
County ~anðger LUSK, re Fleet Manaaement/~otor Pool Financial
Statements plus balance sheets for period ended 3/31/85.
Filed.
6. Copy of memorandum daced 4/30/85, from Fiscðl Officer to
Solid Waste Director Fahey, re Solid Waste Disposal Financial
Statellents plus balance sheets for period ended 3/31/85.
1"i led .
7. Copy of memorandum dated 4/30/85, from Fiscal Officer to EMS
Director Greenfield, re EMS Financial Statements plus balance
sheets for period ended 3/31/85_ Filed.
8. Letter dated 5/9/85, from Barbara Blackmon, President, Golden
Gate Civic Assn., opposinq building apartments or houses with
less than 750 SQuare feet. xc: Mrs. McKim. Filed.
9. Letter dated 5/9/85, from ~arbara Blackmon, President, Golden
Gate Civic Assn., supporting Green Boulevðrð PUD. XCI Mrs.
McKi m. I"i led.
10. Letter dated 5/8/85, from Annn and Jan Dekker in reSDonse to
letter dated 4/25/85, re Green Blvd. PUD. xc: Mrs." McKim.
Filed.
11. Letter dated 5/15/85, from Fint Chief J/lckson stating that
Marco Island Fire Department ~òpports a proposed second EMS
unit on Marco Island. Filed.í
Page 58
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June 4, 1~85
12. Copi.. of minutes. Filed.
A. CAPe 5/2/85 & A9~nda for S/16/A5.
B. Iale of Capri Fire Control Dist. Advisory Com., 5/6/~5.
C. Lihrary Advisory Board, 4/25/85.
D. Tourist Development Council, 5/13/85.
E. City of Naples, S/l/BS ~ Special Meeting 5/1/~5.
13. Copy of memorandum dated 5/10/85, from D. R. "Buddy" o,war,
Dir., Div. of State Fire Marshal, enclo~inq a ~otice of
Hearing re State Fire ~arshal Rule Chapter 4A-2l. Filed.
14. Letter dated 5/21/85, from p'ropexty Appraioer COlding
enclosing a copy of proposed budget fOr Fiscal Year beginning
l~/l/RS. XCI BCC and Ms. Zalkð. Filed.
15. Copy~! memorandum dated 5/10/85. from St~ve Tribble, Commis-
sion Clerk. PSC, enclosing an excerpt of the agenda for the
Commission's conference on 5/21/85, re Docket No. R5015S-WS.
XCI Mr. Saunders. Filed.
16. Letter dated 5/16/85, from Isaac D. Brandt, III, Dir. of Bus.
Development, enclosing a copy of GSh Standard Form 254 and
requesting that Smith & Gillp.spie Engineers, Inc. be placed
in public notice mailing file to be notified of future
engintlecing pr0jects. xc: Mr. Kuck and Purchasing
Uepartment. Filed.
17. Letter ddted 5/16/85, from Wayne E. Daltry, Exec. Dir.,
SWFRPC, re rescheduling of "The Parklands" Public He~ring.
DRI ~6-8384-43. XCI Mr. Lusk. Filed.
lB. Notice received 5/21/A5. from the U.S. Coast Guard re
expiration date for the Cypress. XCI Mr. Thiele. Filed.
19. Copy of letter received 5/20/85, from James G. Titus, U.S.
Environmental Protection Agency. enclosing a release on
Reports Discuss Environmental Impact of "Greenhouse Effect".
XCI Mrs. Mullins and Dr. P~offitt. Filed.
20. Letter dated 5/10/85, from Orville W. Wright re water bill
for 173 West Pago. XCI Mr. Crandall. Filed.
It.. .,0
BID .811 AWARDED TO HEAVY DUTY HYDRO BLASTING, INC. FOR A WATER
PRESSURE CLEANER 1M THE AMOUNT OF $2,194
aoar. 087 PArr 4.'n
Page S9
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June 4, 1985
#71 aø"~ 087 mt 4.78
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~,>." \ :RBCI.k8SII'ICATIOR 01' MAIJlTBlWilCI DBPT. PBRSOIntIL RVAC MBCBARIC JOIIIr URB
~;~. TO IIVAC -ncmrICIAJI AT ?AY GRADI 8-14. PROIIOTIOR 01' TRADIWOUBIt, JOBII
ì+' ." JUnItSOII, 'to 'tID POSITIOR 01' PAIlft'IR AT A 101 SALAnY IBCUUI
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There being no further bu.ine.., the meeting was adjourned by
Order of the Chair - Timel 6140 P.M.
ATTEST.
WILLIAM J. REAGAN, CLERK
..
-'10-.:1.
BOARD OF COUNTY COMMISSIONERS/
BOARD OF ZONING APPEALS/EX
OFFICIO ~OVERNING BOARD(S) OP
SPECIAL DISTRICTS UNDER ITS
COHTROL
FR~DE~~S'
CHAIRMAN
by the BCC on ~/J//'"Y/' as
or as cor~ted .
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Page 60
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