BCC Minutes 05/07/1985 R
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Naple., Florida, May 7, 1985
LIT IT BI REMEMBERED, that the Board of C~unty Commi.sioners in
,and for the County'of Collier, and also acting a. the Board of Zoning
Appeal. and a. the governing board(~) of .uch .pecial district. a. have
be.n create,d according to law and having conducted busine.. herein, met
on this date at 9100 A.M. in Reiular ....10n in Building -,- of tho
Courthouse Complex, Ea.t Naple., Florida, with the following member.
pres.n t z
CHAIRMAN I Frederick J. Voss
VICE CHAIRMANz John A. Pis tor
Max Hasse
C. C. -Red- Holland
Anne Go~dnight
ALSO PRESENTI William J. Reagan, Clerk, Jame. C. Gile., Fiscal
Officer, Elinor M. Skinner and Maureen Kenyon (1130 P.M.), Deputy
Clerk., Burt L. Saunders, County Attorney, ~neld B. Lusk, County Han-
a~er, Neil Dorrill, Alsi.tant County Manager~ Pam Brangaccio, Deputy
AI.istant County Mar-ager, Vickie Mullln.~ Acting Community Development
Admini.trator, Tom Kuck, Public WOrks Administrator, A~n McKim, Acting
Zoning Director, Terry Clark, Acting Planning Director, Tom Crandall,
Utilities Administrator, Nancy Israelson, Administrative Assistant, and
Deputy Chief Raymond Barnett, Sheriff's Department.
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May 7, 1985
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MaiDA. - APPROVlD AS AMnDID
Co..l..loD.r 'lator ....d~ a.conded by Co..l..loner B.... and
carried UD.nlaously, that the a91nda be approved with the following
."DdMDtSI
A. Item 783 - Petition PU-8S-6C, Vine. , Associates, re Provi-
sional Us. 8 of A-2 for earthmining - Added at request of
County Ma naqer.
B. It.m 10&2 - Discussion re Bentley Village Utility Areements,
to be discussed after Proclamations - Added at reque.t of
County Manager.
C. Item 10&3 - Remove Item l6ElO from Consent Agenda r. sole
source purcha.e of Xerox paper at request of C~unty Manager.
D. llA - Discussion re Pine Ridge Industrial Park MSTU Ordinanc.
- Added at request of County Attorney.
E. llB - Discussion re scheduled meeting with rl~rida Public
Service Commission - Added at request of County Attorney.
r. llC - DIscussion re Water Pollution C~ntrol Pro9ram Ordinance
- Added at r~que.t of County Attorney.
G. 11D - Discussion re East Naples Wa ter Systems, Inc. vs
Collier County, Civil Rights Action that has been filed -
Added at request of County Attorney.
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MIMUTIS 0. APRIL 16, 1985 - APPROVID
C...l..lon.r H.... aoved, ..cond.d by Co..i..lon.r ,i.tor and
carrl.d un.Dlaou.l~', th.t the ainnt.. of AprU 16, 1985 be .ppro..d.
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'ROCLAKATIOM DISIGKATI»G THI WII~ OF KAY 6-11, 1'85, AS -8111 SA.ITY
WIIIt- - ADOPTID
Co..i..lon.r a.... aov.d, aecond.d by Co..i..loner ,I.tor .nd
carried unanlaously, th.t th. Procla..tlon d..ignatlng the w.ek of May
6-11, 1185, a. -Bike Safety we.k- be adopted. (page~)
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'ROCLAJlATJOM D&SIGKATIMG 1'81 VIlIt or MY 5-11, 1985, AS -BITTER WATER
'OR 'IOPLI WIll- - ADOPTED
Co..i..loner ,i.tor ....d, .ecoo4ed by Co..l..SoDer Goodnight aDd
carried unanlaoualy, that the 'rocl...tloD d,signating the ...k of May
5-11, It85, a. -Better W.t.r 'or 'eople We.k- be adopted.
Utilities Administrator Crandall accepted the Proclamation with
thanks. (paqe~)
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':'.;..:.;¡...'. CoIIal..10ner Yo.. ..ved, ,htor and
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~; ',;:~' card"" aAanl..u.ly, that tb. tbe ..ntb of
I¡:i:-' ...y, 19I5, .. -Poppy Day.- be
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. Ms. Verrett accepted the
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May 7, 1985
.econded by Co..l..loner
.rocl..atloa de.lgnatlng
adopt.d.
Jrocl.mat1on with thank..
(paq. ~)
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'ROCI.AI'aTIœI DUIGllATIIIO MOft'll O. JUY, UIS, .u -AXIRICAIf BUSIK81S
WON..·. ASSOCIATIOK IDUCATIOK MOKTB- - ADOPTID
Co..l..loner Goodnight ...ed, .eoonded by Co..l..loner ,i.tor .nd
o.rrl.d unanl.oualy, tbat tb. procla..tion designating th. ..nth of
M." 1'15 a. -AaerlC.D Bu.ine.. Mo..n'. Aa~I.tlon &dueatlon Month- be
.dopteel.
Ms. Donna porkins accepted the Proclamation with thanks.
(P.q. ~)
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PROCLAllATIOJI DI8IGllATIIIG 'l'B1 WlIIt or MAt 5-11, 1985, AS -II ItI.D TO
AJlIKALS WIEX- - ADOPTID
Co..i..loner B.... 8Oved, ..conded by Co..i.aloner ,i.tor and
c~rrled unanlaoualy, tbat the Procla..tlon de.ignatlng the ..ek of May
5-11, 1"5, .. -B8 Kind To Ani.al. Week- be adopted.
Hs. Michelle De19ad~ accepted the Proclamati~n with thanks.
(hge_32.)
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PROCLAllATIOII DKSIallATIIIG 1'&1 Win or KAY 19-25, 1915, AS -HATIOIlAL
,uaLIC WORXS WIIK- - ADOPTID
Co..I..ioner Bolland 8Oved, .econded by Co..i..loner ,1.tor .Dd
o.rrled unanl.ou.ly, tbat tbe procl...tlon d..ignatlng the w.ek of May
1'-25, 1'15, .a -National Public Work. Neek- be adopted.
Public Works Administrator Kuck accepted the proclamat1.on with
thank.. (paqe~)
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G08.DC* ULU'Y, IUILDIIIG MAIlI'I'alAJlCl DIPARTMJ:II1', DISIGllATID DI'LOYII O.
1'81 MOIIT8 'OR MAY, 1985 ('IRSOMWIL)
Commissioner Voss re.d a letter co.mending Hr. Gordon Kelley,
Building Maintenance Department, for his work for the County and
recognizing him as Employe. of the Month for May, 1985.
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TIKPORAU APPROVAL or IDlTLkY VILLMI nILI'I'IIS AORlIMD1' UIITIL
11/15/15 - A"ROVID
May 7, 1985
A..istant County Manager Corrill explained thl. it.m pertain. t~ a
Utility S.rvice Agre...nt with aentl.y VIllage which 1= ~ life care
co.munlty in the North Naple. area, .pecificially in Sewer Area wAw.
He said the project has b.en underway foe sometime and thr~u9h~ut the
process Staff has expftrienced problems In permitting capacity at the
North Naple. S.wage Treatment Plant. ße said Bentl.y VIllag. i. ready
for occupancy and, as a result of the developer proceeding in good
faith with the project in hopes that the County Sewage Treatment Plant
would have additional capacity, he is cal.l9ht in a bind as a result of
the building schedule and since units have been sold. He said Staff
has compiled an Agreement with Bentley Villag., in conjunction with the
County Attorney, which call. for Collier County to temporarily acc.pt
the responsibility for th~ collection, treatment, and disposal of
.ewage from this project for a period nQt to exce.d one y.ar. He said
Staff i. requiring that Bontley Village construct an on-site treatment
and disposal facility within the confin.. of their project and Staff
has the conc.ptual schematic from their engineer for this facility. He
said there are Qther conditj~ns attach.d to this Agre.ment that Involve
the availability of water and requirements whereby Staff requests that
the Fire Department assure the County there Is current adequate fire
flow capacity at the project and some agreement as to a bond or l.tter
of credit as an assurance that tho interim facilities will be con-
. true ted.
Mr. ~rrill stated he had sent Mr. Robert McMichael, one of the
principals involved in this project, a letter on 4/25/85, with the
condition. for which Staff was willing to recommend this Item to the
Board of County Commissioners, a~ well as a Release and Waiver of
Claims and that he understood there was a problem with the Agreement
regarding the term of the Agreement as well as a problem with the
Rel..se and Waiver. Ho said the attorney for Bentley Village met with
County Attorney Saunders on 5/6/85 on this subject.
Mr. Saunders asked if this is an Agreement for one year or .ix
months, as It was his understanding that aentley Village ~uld provide
their own .ervlc~ In Nov.mber, lSB5? Mr. Dorrill answered that the
Agr.emenl, based on his letter of 4/25/85, Indicated, contingent on
acceptanc., Bentley Village would have throl.l9h Nov.mber 15, 1985, and
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that he understood Bentley Vlll.ge was requesting a longer term.
Mr. Saunders ..id he met with A~torney Nich~ls on 5/6/85, and
ði.cu..eà the Relea.e and Waiver of Claim.. He said that he had the
original executed R.l...e, that there ~ay be a question concerninq the
term of provision of service, and that it was his undc~=t~ndl"q this
woulð be ~ fAirly øhort term provision ~f s.rvice b.c~u.. ~f the
potential for overflows during the busy season. Mr. Dorrill said that
wa. Staff's original reason for the Aqreement. He said, currently,
Collier County has a temporary operating p.rmit for an average for an
entire month and that Staff i5 trying to obtain a permanent I)perating
per~it through DER for a much larq.r plant capacity because the current
permit i. limited to 1-1/2 ~Illion gallons a day. He explained Staff's
concern result. from the fact that the County Is apt to exceed 1-1/2
million gallons a day, during the season on any individual day, which
i. the rea.on for wanting to limit the Agre.ment to prior t~ the actual
increase In flows next fall. He explained the Agr.ement Staff propoae.
run. through November 15, 1985.
Attorney Clark Nicho!s, representing the petitioner, said that It
was his understanding that Staff and Bentley Village had agreed to
extend the t.mpo;ary hook-up period until November, 1986. He referred
Mr. Saunders to the R.lease and stated that is the date in the Release.
He said the financial Letter of Credit from Naples Federal Savings and
Loan extends through November 15, 1986. He explained It ~uld be
difficult for Bentley Village to construct a package plant by Nov.mber,
1985, a. there is no complet.ly finalized d.slgn, presently, and all
the engineering work has not been completed, plus the D£R p.rmitting
process has to be ~ccomplish.d. He commended Staff for their efforts
to recognize Bentley Village'. problem as well as Staff's probl.~. He
.aid his client is agreeable t~ a tempo.ary hook-up so, if capacity is
not sufflci.ntly Incr.ased to keep Bentley Village on permanently, his
client would b. obligated to disconnect tha development, and provide
its ~wn package tr.atment plant until such time ~s the çounty Is able
to provide service. He requested that the time limit be November l5,
1986.
Mr. Oorrill said the Agreement was proposed because h. did not
f.el the County could promise something it does not have. He said he
did not want the County to guarantee additional capacity, even though
it would be an interim basis at the .nd of which timo Bentley Villaqe
has agreed to install a package plant, in the event that DER doe. not
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incraase the operating pormit at the plant.
Re.pondlnq to Commission.r Vo.s, Utiliti.ø Administrator Crandall
.aid that DER has asked for 60 d~ys for consideration of the permit
application and Mr. Dorrill .aid the permit application is to increa..
the daily permit to 2 million gallons.
In re.pons. to Commls.loner Has.., Mr. Dorrill said that much
mon.y has been spent corr.cting about 100,000 gallons of infiltration
that was leaking into the system, however, he did not feel that i.
ad.quate eno~h to enable the C~unty to go through another .eason.
Commis.ion.r Voss asked if a lonqer period could be given to Bentley
Villag. contingent upon the County obtaining approval from the DER?
Mr. Dorrill agre.d that Is on. option, how.ver, he .aid the Commis-
sioners need to recognize there are other proj.ct. and dev.lopers who
are in the area and there is additional capacity that n.eds to qet into
th'f. County syst.m, .0 that a lot of the package plants can be cloud,
which was a Board policy decision.
Tape 12
Mr. Dorrill explained that the relief that has b.en afford.d
Bentley Village, thr~ugh the existing propos.d Agreement, is that
Collier County will treat all the sewage they can add and connect as
they finish thrir building between now and the start of the next
touri.t .eason and, at that tlm., he proposed that the Agreement .ither
b. am.nd.d to give them additional capacity or time, if it is avail-
able, or that they will be r.quired to have a package plant ready to
..op.rate. Responding to Commissioner Haa.e, Mr. Corrill said that
Bentl.y Village i. a successful project and he assumed the developer
~uld rather pursue so.. type of on-site package plant, aa opposed to a
moratorium on building.
Commissioner Voss asked what the significance was of the Letter of
·:redit from Naples Federal to which Mr. Nichols referr.tJ, and Mr.
Nichol. responded it guarantees a sufficient source of funds to build a
package plant. He said In the con.tructlon loan $100,000 has been
allocated and set asld., which was the estimate of the cost to build a
package plant. He ref.rr.d to Commissioner Has.e's question reqarding
a moratorium and .aid that Bentley Village definitely want. to proc.ed
with con.truction of buildings, although the new buildings will not
come on .tream until some time b.for. the end of the year. He .aid, by
that time, if County treatment is not available, the d.veloper will
have to build an on-site plant. He .aid that project is approximately
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90' sold out.
Mr. Saunders said a qu~stion that needs to be answered is whether
it i. realistic to think the C~unty will have additional capacity by
the end of 19851' Mr. Crandall said he would not want to put the Board
of County Commissioners. in November, 1985, in a poslti~n of having the
County in violation of the D&R permit. Responding to Commissioner
Voss, Mr. Crandall said that Bentley Village will b. pres..d to
complete a package permit If they started construction immediately.
Mr. Corrill said he understood that approximately six buildlnqs
are ready for completion with about 20 residential units per building_
He oxplalned that this is a life care retirement community and there
are approximately 1-1/2 to 7. people per unit which would be about 200
peo ple.
In answer to Commissioner Holland, Mr. Oorrill stated that all
five of the County's set~lement ponds are operational, at the present
time, and that the County has recently ~ompleted a lengthy rehabili-
tation program in conjunct~on with the County's civil engineer to
accomplish this.
Mr. Robert McMichael, President of Bentley Village, responded to
Comml.sioner Holland by stating that people have started to move Into
BuIlding '1. He said that the projected occupation of the development
by November, 1985, would be between 50 and 70 apartments. He said that
tne average occupancy Is 1 to 1-1/2 people per apartment bocause most
of the people are widows and widowers and only half are couples. He
saId that the number of bulldinqs that have been constructed Is six
with 108 apartments and that he anticipated 90\ of those will be
occupied between now and the next twelve months.
COmmissioner Holland asked if Bentley Village has p~id an impact
fe. and Mr. McMichael answered that they paid $200,000 approximately
one year ago for all the buildings for sewer connection.
Mr. Dorrill clarified that Mr. Crandall had stated that DER has
reserved the right to review the County's permit. offer comments and
request additional Information from the County during the next 60 days
and that no opinion on the permit will be forthcoming until the end of
that time.
Mr. Dorrlll said that the County's percolation ponds have been
workIng in one deqree or another f~r several months and the Staff has
exp~rienc. now and has shown more than qood faith in terms ~f turnlnq
that plant around, rehabilitating the pùnds, and qettlng the paperwork
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May 7, 1985
order, and that all of this has been well
and monthly reportlnq in
received by CER.
County Manaqer Lusk said in November if the County is adding
customers and If it exceeds capacity the liability this County has Is
that DER could £lne Collier County up to ;10,000 per ðay. Ho :aic1 th~t
i. the rea.Qn for this discussion. He said the County may obtain an
additional permit, h~wever, if it doe. not, the County cannQt guarantee
it and that i. the real problem.
Commissioner Voss asked how many dwwlllng3 Mr. McMichael feels
would be completed in Bentley Village during 60 days and Mr. McMichael
said probably 36 more couples would move in during that tlm..
Mr. McMichael explained that Be~tl.y Villaqe is attempting to
purchase 46 acre. directly east of this projoct from the C~ncord
Company, and that the purchase has been approved in principle by the
Board of Directors of tho Concord Company and also by the 8Qard of
Directors of Bentley Village. He stated he expected to receive, this
date or on 5/8/85, a contract with respect to that purchase and If that
Is successful, that site ~uld be the logical place to construct the
sewer plant and not take out of the development Bulldlnqs 11, 12 and 14
which are 60\ sold. He said in order to reach the point of purchasinq
this additional land and co~1ng to the Board Qf County Commissioners
for whatever rezoning ~uld be necessary, in terms of the health c~re
facility, It is difficult for Bentley Village to say this would all be
accomplished within a six month period and thin Is an additional reason
for the request of the 1986 date as opposed tQ 1985. He requosted the
Commissioners look at the 1986 date in considering Bentley Village's
proposition.
Discussion continued during which Mr. Lusk repeated that t~e
petitioner is requesting a guarantee of something that thw County does
not have.
Commissioner Holland asked Mr. Saunders, if the County has col-
lected $200,000 connection charge. for the .ewer plant, how could there
bo justification of that charge if the .ervice cannot be furnished?
Mr. Saunders explained the County charges Impact fee. to all developers
whether or not it Is providing services, at that point in time, and the
rationale behind charging those fees is that the fee. will qo into a
pool and eventually .ervlce will be provided. He said there is no
legal problem in charging those f.e. or In not providing the service.
immediately, once the fees are paid. Commissioner holland pointed out
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that there haa been an awareress of this situation in North Naples for
sometime. He said, if Bentl.y Village has paid $200,000 in good faith
to build their project t~ward supporting the North Napl.s s.wer area,
then i~ was his opinion that the County has an obligation to do what-
ever pos.ible to provide service for the project.
Mr. Sðundera commenled that Staff Is 8nfvrc1~; ~rdl~~~~~s ad~rt~d
by the Board of County Commissioners and, if th.re Is a problem with
the impact fe. procedure, the Board can review it and make chanq.s if
that i. d....d appropriate. He said under the current system, If .
developer wants a building permit, he muat pay an impact f.e which is
used for construction of water and sewer facilities and is, In effect,
a guarant.e to that developer that, eventually, there will be service
to his property. H. used the Eoxflre d.velopment as an example of the
use of a package plant and said there i, currently no service to that
project, but In the future there will be.
Mr. Luak said during the last twwlve month. Staff has increa.ed
the capacity of this plant by 1 million gallons by spending impact fe.
money to run a line to the Imperial Golf Course which will take that
plant to a 2-1/2 million gallon plant. He said that the people at
Bentley Village knew of the County's sewer problems before they beqan
construction.
Responding to Commissioner Hasse, ~r. Corrill rec~mmended that the
Board of County Commissioners ~pprove, conceptually, the Agre.ment
Staff has prepared for a period not to exceed November 15, 1985, and
that Staff will transmit to the 80ard at ~he next meetlnq all the
paperwork, various ðgreements and schematics from Bentley Village'.
engineers indicating how they intend to proceed. He said If something
change. during the interim period and the County obtains increased
capacity then Staff ~)uld be in a position to recommend amending this
Agre.ment and provide additional time or hook-ups for the Bentl.y
Village project and for any other developer who may be interested in
services. He said that there is nothing else thAt can be phy.Ically
done to the plant and there ia . permit for the plant which is rated at
2-1/2 million gallons. He said that the problem has been the ponds and
it 1s n~ up to the DER to approve increased capacity. He said the
timetable for spray Irrigation is approximately one y~ar.
^ discussion ensued during which Commissioner Holland aaked 1f
spray irrigation could be used for the land in the North Naples Park?
Mr. Lusk said he did not think effluent could be used on ð park site
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due to re9ulations a9ainst it, to which Mr. Oorrill agreed. Mr. Lusk
laid that more is involved than just runfllng a line to the Imperial
Colf Cours. sine. there have to b. modification. to the plant that will
take about .ix month.. C~mmlssioner Holland .xpr.s..d hi. opinion that
afflu.nt could b. u.ed by farmer. in the area, h~w.v.r, Commilsloner
Coodnight laid It cannot be used on farmland. Commi..ioner Holland
sugg.sted that u.. of the effluent on sod farms be r..earched by Staff.
Mr. Dorrill .aid that Staff received a proposal from a to~ato farm to
flood irriqate some adj~inln9 farmland, however, they intend to plant
that land next y.ar and, as a result, do not want the efflu.nt.
Commissioner Pistor asked, if the County received a neqative
answer from DER sfter the 60 day review of the County's application,
what would be Bentley VIllag.'s be.t .stlmate for a plan to construct a
packaq. plant? Mr. Nichols said he estimated it would take approxi-
mately tw.lve months t~ acco~plish the full engineering drawings and
permlttlnq process.
Comml.sloner Voss asked If it would be worthwhile to postpone this
petition for two weeks to investigate the sod farm possibility and
other details, and Mr. Nichols said if Bentley Village could connect,
now, the developer will continue to co~perate to resolve the probl.m.
Involved and continue working on the package plant details.
Mr. Saunders said that one minor modification will have to be made
in the Release. Mr. DHrill repeated that Staff will transmi t all of
_ the related paperwork at the Board meeting and, will continue to explore
possibilities with the Barron Collier Company and Regency Farms.
Co.al..ion.r Pi.tor aoved, ..cond.d by Co..l..ioner Goodni9bt and
carried anani.ously, that the ..ntley Village Utiliti.. Agr.e..nt be
t..porarlly approved until 11/15/85.
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ORDI~I 15-15 RI PIYIYIo. a-IC-30C, ~I""Y ADKINS, RIPRISINTING NAPLES
FRUIY . YECITABLI CO. HI RIZONING FROM A-2 AND A-2SY TO PUD ~YOWM AS
Tal VINBYARDS - ADOPTED SU.~ICT YO STIPULATIONS
Legal notice been published in the Naples Daily News on March 15,
1985, as evidenced by Affidavit of Publication filed with the Clerk,
public hearing was opened to consider p.tition R-B4-30C, filed by Jimmy
Adkins, r.presentlng Naples Fruit' Vegetable Company, r.questing
rezoninq from A-2 and A-2ST to PUD known as The Vineyards and
d.velopment of regional impact approval for 1925.4 acres, located north
of Pine Ridge Road between the Estates and I-75 and extending west to
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" ¿Airport Road along the future Golden Gate Boulevard extendon in
Section. 5, 6, and 8, T49S, R26E and Section 1, T495, R25E.
Acting Zoning Director McKia Indicat.d the location of the prop-
erty on Zoning Maps 49-25-1, 49-26-2 and 49-26-3. Sha said the
objective is to deyelop 1925.4 acre. with 6,978 dwelling units and
interchange and related comQercial, recreation and other asaoc1atod
u.... She explained Staff and all County a-;í'Jllchs reviewed this
p.tition and recommended approval subject to amendment of the PUD
document and revi.ion of the Master Plan per Staff report in compliance
with the Comprehensive Plan. She said CAPC on 4/10/85, reco~ended by
. 6/1 vote forwarding this petition for approval .ubject to amendment
to thePUD docLDent as revl.ed durinq the meetinq and language agreed
upon by Staff, County Attorney, County Envlronmentall~t and developers
regardinq the cypress head. She said three letters have been received
.xpre.sing concern for the cypress head and the desire to preserve it
and that four people spoxe at the public hearin9 expressinq the same
concerns. She said the petitioner has submitted satisfactory languaqe
concerning the cypress head and this has been incorporated into the PUD
document and the Development Order. She said, at the time the Execu-
tiv. Summary dated 5/3/85 was written, the petitioner had not addre.sed
the sLrip commercial parcel along LIvln~~ton Road, which CAPC re:om-
.ended to be moved.
'I'ape 13
Mrs. McKim explaine~ Staff has seen the petitioner's plan and this
has now been done as the CAPC requested. She said Staff re,?mmends
approval subject to CAPe stipulations and subject to the site plan as
.hown on the board this date. Responding to Commissioner Hasse, Mrs.
McKim said that most of the land under discussion is being farmed for
vegetables.
Acting Planning Director Clark reviewed compliance with the Com-
prehensive Plan. He commended the petitioner in is hi. dealings with
Staff. He said the project density does comply with the point Rystem
and that the main discussion in determining compliance with the Compre-
hensive Plan dealt with the commercial aspects of this project. MPO
Director Perry indicated the Interchange parcels for the project and ho
.aid the first two remain in the project and comply with the Comprehen-
8ive Plan. Mr. Clark said the parcel Indicated in red to the east of
those has been removed by the petitioner which Is a significant point
in terms of the ov.rall interchange development of that area. Mr.
&OOK 087 rr~ 42
Page 11
me: 087w,\43 May', 1985
Clark referred to a strip of property between the road right-of-way anð
the utility easement, which Mr. Perry indicated, and said that the
petitioner has amended the plan accordingly. Ue uld there is one
parcel on the weatern most project boundary on Airport Road which
consists of 5 to 5-1/2 acres. He said that the CAPC voted by a 4/3
vote to recommend that this not be changed. He explained that
commercial area 1s part of the 5-2-1 rule, comm.!clal use. within a PUD
that are allowed and the one statement in the Comprehensive Plan that
brought this parcel to an issue i. that the Comprehensive Plan atate.
that the focus of the commercial acreage shall be to the PUD's
residents and sholl be located within the PUD and shall not promote
strip commercialization, which I. why Staff felt that parcel did not
fully comply with that statement in the Comprehensive Plan. He said
Staff does not r4commend the acreage be eliminated but that it be moved
to an interior parcel of the project.
In response to Commissioner Voss, Mr. Clark said that Livlnqston
Road has been moved adjacent t~ the power easement to eliminate the
usele.. strip. Mrs. McKim Indicated on the site plan where the road
will go and where the 5.42 acre. of commercial has been moved. She
indlcat.d the location of the road which will be a t~-lðne road rather
than a four-lane road.
Attorney George Varnadoe, of Young, van As.enderp, Varnadoe'
Benton, project counsel, listed the following consultant. working on
the project 1 Stanley Hole and Tom Taylor, from Hole, ~ntes and ASllo-
elate., Project t;nglneors, Jack B,Hr, of Barr,' Dunlop and Associates,
Traffic Consultants; Wayne Pitt., of Design Advocates, Planners from
Tampa, Jimmy Adkins, of ATI of Naples, Inc., Marketing Consultant,
Kevin Erwin, Consulting Ec~logi~t, and Larry .~lland, of Missimer
Associates, the Hydrologists.
Mr. Varnadoe complimented the Staff on their work on this project
which has been in the planning stage for almost two years, and added
the developors have ~rked extensively with Staff for approximately six
month.. He said the proposed project I. compatible with and complimen-
tary to surrounding land uses, Is a well planned mix of compatible land
uses and preserves the integrity of the natural environment on the
project. He said the p:operty at the proposed density has the nec.s-
sary rating points showing adequate community facilities and aervices.
He said accc~~ Is provided to the project through arterial roadways in
existence both throuqh and adjacent to the property and proposed
Page 12
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May 7, 1985
arterials shown on the map posted on a board. He said the project Is
bounded on the east by the Golden Gate Estates area, on the weat by
Airport Road, on the south by Pine Ridge Road and on the north by what
1. now denoted as Golden Gate Boulevard. He lIald the maximum density
to be built I. 6,973 dwelling units of a mix of traditional single
faaily, cluster, villas and multifamily, a maximum of 460,000 square
f~.t Qf c~mm.rcial to be located on 71 acres, two golf course., parks,
school site And lake. located throughout the project.
Hr. Varnadoe explained there will be golf courses the entire
len9th of the project on the left of the 1-75 exit on the east aide and
that there will be a golf course on the wast side of 1-75, cloae to
Golden Gate Boulevard. He .ald tho project has be.n unanimously
recommended for approval by the &AC and the WMAB and that the SWFRPC
recommended approval with certain recommendations.
Mr. Varnadoe said there will be two park sites of 30+ acres, and
that the develop.r has agreed with the County Utility Departaent to
locate a water tank site of approximately 2-1/2 ðcres. Mr. Stanley
Hole Indicated the location and Mr. Varnadoft said the developer has
aqreed to relocate the tank to a position south if Staff wants it
relocated. He said that a school site of 27~ acres will be provided If
the School Board wants to place a school on the site, otherwise, he
explained it ~ill be used !or a private school. H~ said the petitioner
has agreed to provide the North Naples Fire District with a fire
station site and a site for EMS service. within the proj~ct and that
there has been aqreement to donate and develop over three and one-half
.iles of major waterways to serve this project and to help with the
drainage of land outside the project, including the D-2 Canal along the
east si~ø of 1-75. He Raid ISO' of right-of-way within the project
will be provided for Livingston Road and that agreement has been
reached for the developer to Improve those two streets outside the
project to L.ogan Boulevard to County standards. Hø said agreement has
been reached to rebuild the drainage swale off site so there will be no
drainage Impact on the land to the east. H~ expla\ned twenty-five
acres of cypress will be preserved. Mr. Holø indicated a ten acre site
of cypress that Mr. Varnadoe said will be surrounded with lakes.
In response to Commissioner Hasse, Mr. Varnadoe said that North
Naple. Fire Chief Jone~ has Indicated that approximately 1-1/4 acres
would be needed for a fire station site and he stated that discussions
nave occurred regard'ng ~he site location.
&OOK 087 W.[ 44
Page 13
,o~ 087 w.t45 Kay 7, 1985
Commissioner PIstor referred to the second park site which ~uld
be affected if an 1-75 interchanqe were constructed there and said if
the park is qiven to the County and it is taken away for the inter-
change, the Stat4 would have to condemn the property and pay Collier
County for it. He asked if the developer ~uld give some consideration
to at least preparinq the land so that any development the County has
to do to that site ~uld be minimal? Mr. Varnadoe asked Mr. Hole to
Indicate the park site and explained there is a qrade change In 1-75 to
accommodate Golden Gate B~ulevard which Is scheduled to go acr~ss the
northern boundary of the property. He said when the proj.ct was belnq
planned discussion was held about the possibility for an Interchange
for 1-75 in that area. He said that Mr. Jack Barr has held discussions
with the local and State Departments of Transportation and there are no
plans for such an interchange, at this time. Ke said in an attempt to
acco~odate the situation the developer determined, if an Interchange
was constructed during the time peliod In which the project would be
developing from south to north, he would replace that park site with
another park and that there would be a time limit of seven years or
until the parcels on the east are developed. He said the developer has
agreed to minor improvements to the park site such as landscaping, park
benches, and nature trails through that property to give minimal ameni-
ties. He said the time p~rioa for those improvements will be whftn
thero Is access tn the site either when the golf course has been
developed or when GQlden Gate Boulevard 1s developed &0 thtt County will
.- have acceslS to It, if that i£ acceptable.
Commissioner Voss referred tQ the two streets tQ be connected to
Logan Boulevðrd and asked who owns that land? Mr. Varnadoe sal~ there
are dedicated streets in that area that are below County standards. He
said the developer has agreed to Staff's request to bring them up to
standards when he 1s ready to connect. In response to Commissioner
Voss, Mr. Varnadoe explained that development is intftnded to begin at
the south of the site and, In the first phðse, he said he assUllled that
at least 18 holes of the golf course will be construc~ed. He said the
development will move from Pine Ridge Road in a northerly direction.
Mr. Hole referred to an aerial photograph on which the outlines of
the boundaries of the property are sho'wo in yellow. He indicat~d the
cypress heads and explained, currently, they are surrounded by row
crops.
****Commissioner Holland out of the room 10122 A.M. - 10126 A.M.****
paqe 14
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May 7, 1985
Mr. Hole pointed ~ut there is n~thin9 ~n the aerial that ~uld
indicate the old flow patterns ~f the surface water. He Indicated that
part of the project where the surface water will flow from east to west
and said from Llvingst~n Road the surface w4ter flows toward the canal
and indicated the area where tho wat.r flows toward the Airport Road
area. He explained the concept to install a series of large lakes
which will pr~duce the fill that is needed to raise the elevati~ns of
the land to 9ive it a contour, so it can be sculptured and to allow the
developer to raise the water levela in the wet seaS~n above current
level In order t~ store tho water. He said water will be controlled
through a series of weirs that will separate the lakes from the main
canal and that, upon completion of the project, there will ba less
drainage from the property into the canal than presently is allowed
under agriculture. He said the cypress head identified by the County
Envir~nmentalist and Mr. Erwin, the project &nvironmentalist, as being
healthy is proposed to be ,ringed with a water body approximately 100
feet wide. He said that this Is one way to preserve such areas
because, If lots are merely backed to cypress heads, It is a sore spot
for people who live on those lots and the yards sometimes are cut wide
and the cypre~s heads become pa~t of the backyard. He said the ground-
water levels will be elevated above the levels required for the farming
operation. He explained that the irrigatiQn requirements currently are
26 million gallons per day which Is taken out of the ground and then
put back on the ground so there Is recharge and stated the net with-
drawal after this development will be 4 million gallons per day th~t
will be returned to the ground.
Mr. ~le said Oaks Boulevard pr..ently runs along the canal and
added the developer has worked with the County Staff on alternatives
and he Indicated the road on the map that would be a four-lane divided
road which will eventually replace Oaks Boulevard. He said Oaks
Boulevard will be replaced with a golf couru. Ue said that Livingston
Road has been relocated on the site plan alonq the section line to
align the power line easement and will be a two-lane road. He said
there was an Issue on utility casings and the developer has agreed to
install those where required by the County Utility Department. He
referred to thø D-2 Canal which cuts off, until It gets pluqged~ the
water that goes into the Goldvn Gate are. and explained the developer
will construct It and furnish the easements through the project and he
indicat.ed the areas that the D-2 Canal will handle. He said the canal
construction will be provided by the applicant at no expense to the
&OO~
087 ~~,;t 46
Page 15
May 7, 1985
'~D~ 087 rJ~' 47
County In a~cordance with C~unty plans.
In answer to Commissioner Voss, Mr. H~le said the lake. are
interconnected toward the main D-2 Canal. He indicated a location on
the ~p ~nd he ~e:cribcd the ;t~;G/;torð9Q system for th. water flow
across the property to the canal to allow a reduction In the amount of
water that currently flows across the property undetalned Into the
canal.
'rape 14
Mr. Hole explained, if the County is ready to accept s.waqe from
this project when the development is ready, that sewage will go
directly to the County plant, however, if the development precedes the
County, the developer Is required to bull~ a plant to be abandoned when
the County has facilities for the .ewage.
Commissioner Pistor asked If secondary watcrline. are Intended to
be constructed throughout the development at the time the sewers are
installed so they will be a lower cost and Mr. Hole responded affirma-
tively.
Commissioner Hasse asked who WQuld .upply water for the ~ater tank
and Mr. Hole indicated the two possible locations for that water tank
on the map and explained the waterlines within the system will be
provided by the deve:oper and that a main trunk line to reach the tank
Is to be part of the County system. He said the County will supply the
water and the developer will pay the impact fee. for funding tho..
improvement., provide the internal distribution system and will buy the
water from the County.
Commissioner Hasse pointed out that three-quarters of this devel-
opment is in the Golden Gate Estates Fire District and he dsked If
anything has been done to provide fire cover~ge or a site for that Dis-
trict? Mr. Varnadoe said he did not know the development was in the
Gold~n Gate Fire District, and added he WQuld check on this ~tter.
Mrs. McKim said that the North Naples Fire District, which has
requested a fire station site, is hoping to work with the Golden Gate
Fire District on a mutual site at the location she indicated s~ they
could both operate out of that station, although that I. only In the
idea stage, at this point. She said the Golden Gate Estates Fire
District received this petition and signed off with no objections.
Mr. Winston Barger asked what will be done about the people who
live north of thl. project who use Oaks Boulevard everyday, commenting
that they will be forced t~ drive eiqht or ten miles a day out of their
Page 16
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way because that street will be discontinued? Mr. Hole explained that
the PUD documents require that the developer not disrupt Oaks Boulevard
until the road within the d.v.lopm~nt has been constructed so there
would be no inconvenience for thes~ people.
The .coll.)wing pgr..)na :¡poke in opposlti"n t" th1fIJ petition citing
que.tions regarding the park situation, concerns about penalties If the
cypre.s head is not preserved, that the language regarding protecting
the cypress head as a preserve should run with the land and be incor-
porated into the document, that tho Comprehensive Plan I. not being
followed strictly In the case of the Interchange commercial parcels,
concerns about draw-down rate on surrounding wells, concerns about
proposed spray irrigation causing pollution of the aquifer, concerns
that eliminating a sizable agricultural parcel Is not aiming toward
diversification of Collier County's economy, concerns that the h1gh
density of this development could be detrimental to the surrounding
Golden Gat~ residents who have had to holrl to low density of one family
for 2-1/4 acres, and objection to the proposed 10 story bulldingsl
Mrs. Kathleen Ennis
Tape '5 Mr. Joe Grimm, President, Golden Gate Taxpayer. Association
Hrs. Lynda Hittinger
Mr. Georqe Keller, President, Collier County Civic
Federation
County Attorney Saunè~rs responded to Mrs. Ennis' concerns regard-
ing penalties by saying that the Penalty provision of Section 18 of the
Zoning Ordinance applies to this type of project and provides that a
violation of the provisions of the ordinance or the conditions of safe-
guard for this type of approval would constitute a misdemeanor and he
said that the County would also have any type of civil type remedy,
such as qoing to Court and to ask for a Court Order to revegetate the
cypress head if the developer falls to provide that. Hr. Varnadoe said
that language has been put in the Planned Unit Drweloµunt and Staff
has required the same language in the Development Order, which 1s a
County ordinance and can be enforced by the County regarding preserva-
tion of the cypress hlad.
In answer to one of Mr. Grimm's concerns, Mr. Clark explained the
Comprehensivn Plan states the form of a rezone for interchange commer-
cial should be a PUD. He said one stipulation Staff has placed on the
petitioner In the develo~'ent of the interchange commercial is to sub-
mit a alte develoµnent plan for the ent1r..?arcel Instead of developing
on a piece-meal basis. Mrs. McKim clarified the PUD, in this case,
&OOK 087 ryt 48
Page 17
&~DK 087ry,t 49 May 7, 1985
InclUde. both r.sld.ntiel and commercial, as well as commercial Inter-
chang. and that there is on. p.titlon. She said Staff has eliminated
quite a f.w us.. In the commercial section of the PUD and, in ..s.nc.,
the rezone 18 on. Planned Unit Developm.nt broken int~ different sec-
tion!, ~n. of which is the interchange comm.rclal di.trlct within this
PUD. She .aid the parcels are identifiod as Interchange commercial and
the u.e. .p.cifi.d In the rUD-are .eparat. and id.ntifled a. inter-
chang. commercial u.e..
Re.ponding to Commissioner Voss, Mr. Clark said, in general, tho
Planning and Zoning Departments have taken Into acc~unt the points that
Mr. Grimm rai..d.
Mr. Saund.rs referred to comments concerning Interchanqe commer-
cial zoning and tho commercial Planned Unit Development and explained
the Compr.h.nslve Plan says thes. PUU's may bo submit~ed in combination
with industrial PUD's, as described later in the element's industrial
land use .ection. Ho point~d out the Comprehensive Plan does n~t .ay a
d.veloper cannot submit a commercial PUD along with a residential
Plann.d Unit DeveloFment. Ha expressed his opinion that the ß.)ard
could consider that th.re is a commercial portion and a residential
portion of this PUD and could c~nsider them together.
Mr.. Charlotte Westman, representing th-" League of Women Vot.rs of
Collier County, referr.d to Section 9.02 E Utilities, where reference
Is made to the developer submitting to the C~llier County Utility Rat.
and Regulation ß.)ard ð sch.dule of the rates to be charged for w~ter
and s.wer servic.s. She said, during the April 16, 1985 me.ting, the
Board of County Commission transferred Collier County's regulatory
jurisdiction over private water and sewer utilities to the Florida
Public Service Commission and, therefore, the reference t~ the CCURRB
should b. changed, to which Mr. Saunders agreed.
Mrs. Westman referred to Section 8.02, A. Permitted Principal Uses
and Structures and asked if there would be any conflict with regard to
the cypress head and this section? Mr. Saunders said he did n~t
believe so as the cypress head would be considered a nature pre~er~e.
Mr.. Wiatman expressed h.r concern with the language in Section G, 7
regarding pr.servation of the cypress head and requested that Staff
improve this language with regard to future ownership b.cause a
d.vel0Fment of this size could be carried o~t by different build.ra.
She aald the League is pleased that the develop.r is requireo to
produce an annual report with regard to the status of the development.
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M4y 7, 1985
Commi..ioner H.... asked how ....ntlal it ia for the elimination
of Oak. Boulevard end Mr. Varnadoe .ald thi~ matter was di.cussed with
the Tran.portation Department, Engineering Department and the Planninq
Ztaff and everyon$ agreed the propo.ed location was better than where
Oak. Boulevard currently exints. He menliooed o::~5i~n~ when he has
traveled 1-75 and n~tice~ cara go by on Oaks Boulevard at a faster rate
of speed than he was driving. He asked Mr. Hole to indicat~ the
terminus of Oaks Boulevard At 10th Street South, just .outh of Pine
Ridge Road on the map and he said the Oaks Boulevard will be relocated
to the east and be constructed in ~ four-lane fashion.
Mr. Varnadoe said that the County obligated Its.lf to con.truct
Golden Cate Boulevard, .cross the northern boundary of this property,
with the 1-75 contract when the grade change request wa~ mad. at that
location. He .aid that Livingston Ro.d is a requirement the County
impo.ed upon this developer because the County sees that aa a major
northV.outh arterial. He listod the following roadway. for which this
developer has agreed to pay his fair ahare, Golden Gate Boulev.rd from
U. S. 41 to Airport Road, ~lden Gate Boulev~rd from Airport Road to
Isle of Capri Road, Airport Road from David C. Brown Highway to Pine
Ridge Road, Livingston Road from D~vid C. Brown Highw~y to Pine Ridge
Road, Logan Boulevard or Oaks Boulevard, depending upon which ~ne the
County develops as a major arterial, from David C. Brown Highway to
Golden Gate Boulevard, Logan Boulevard from Golden Gat. Boulevard to
Gre.n Boulevard C.R. 951 from David C. Brown Highway to Green
Boulevard, Pine RidS~ Road from 1-75 to :sle of Capri Road, Pine Ri~9.
Road from u.s. 41 to Goodlette-Frank Road, and David C. Bro'~ Highway
from U.s. 41 t~ S.R. 851, and also to pay the development'. fair share
of the following intersection improvement:s, including I'\ignalization and
turn lan,sl Pine Ridge and Airport Ro.ds, David C. Brown Highway and
Oaks Boulevard, Dðvid C. Bro~n Highway and Airport Road, Pine Ridge
Road and U.S. 41, Pine Ridge and Livingston Roads, and David C. Brown
Highway and Livingston Road.
Mr. Varnadoe clarified th3t this devaloper 1s dedicating the two
previously mentioned parks to Collier County and, because people think
one park has a potential for other use in the future, the developer has
.tated, if the State takes that site, the developer will r.l~cat. it.
Tape lIS
Mrs. McKim .xpl3ined that none of the parcels that are adjacent to
the low density .r.a are allowed t~ h.ve over three storie. .nd th.y
&m
0871'n 50
Page 19
lOOK 08791':', 51
are all designated for
said the s1ngle family
the davelopnent.
In answer to C~mmiesionar Voss, Mr. Varnad~e said ~he ma~imum
height of a buildinq is 6 stories and tha~ there ara 10 story buildings
vith site plan approval. Mrs. McKim explained those buildings are in
the multifamily areas.
At Mr. Varnadoe's request, Mr. Hole referred t~ the 26 million
gallons of vater per day n~w used for Irrigation on this slt. and
explained the proposal to use 4 million qallons per day net, after
development. He said the draw-d~wns were anticipated on the basis of
all potable water bvln9 supplied from the site. He said the developer
has reached agreement with Collier C~unty that the development will be
. customor of the County, so there will be significantly less than what
~uld be anticipated in the event the entire water supply for potable
a~ well as Irrigation W,1Ur came from the site.
Commissioner Hasse said that he was just informed that the PUD
contains a letter dated October 26, 1983 from the Gclden Gate Estates
'Ire District that requested buildln9 a fire headquarters. Acting
Community Development Administrator Mullins responded she did n~t have
that letter, but that there are three lotters in her files from June
and July, 1984, from the Golden G~te Fire District in which Fire Chie~
Reeves said there wø~ no objection tn this project. She said that the
only objection stated is that th~y would want adequate water pressure.
Mrs. McKim said that sign-off letter is found in the ADA, which is
submitted with the DRI, when the developor submitteù the application
. - for the rezone in tho DRI to the Community Development Department and
Staff distributed the application to the fire departments involved.
She said the comments to which Mrs. Mullins reforred are the rosponse
of the fire departments having seen the rezone aµplication and the ADA.
She said with the sign-offs for both the rezone and the DRl and no
other contact she could not say anything more, except she felt the
Golden Gate Fir n Department had r~viewed the project and had no
objection. She said she would contact Chief Reeves and try to explain
the situation.
May 7, 1985
single family, detached or attached units. She
units extend, in moat cases, to parcels inside
Commissioner Holland asked if it would be possible to make a site
available for the Golden Gate Estate. Fire District in the area and Mr.
Varnadoe said he would check with the applicant regarding this
possibility.
Page 20
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May 7, 1985
Mr. Varnadoe said there is one issue that has not been resolved
with Staff, a difference In philos~phy And approach. Ho referred to
Parcel 100 located at the corner of Golden Gate Boulevard and ~lrport
Road which the applicant ha. desi9nated as a commercial site. He asked
Mr. 801e to discuss this matter.
Mr. Hole indicated tne loca~ion of th~t p~rcQl on the map ðnå saiå
it Is . convenience commercial site. He said the developer feels that
this site is properly located and explained It Is designed to serve
this community. He said the issue is whether or not a convenience
commercial site to serve a community should be located within the
community or If it should to be allowed to be located on one of the
exterior roads, still within the boundarios of the community. He said
experience seema to show, in order to Induce somebody to put in a
convenience commercial center, that person needs customors and when the
project begins he does not have customers. He said the person will
obtain customers from the road if the convenience commercial sIte is
located at such an intersection, and as people start to move into this
project they will be pros~ective customers. H~ laid if this area il
required to be located inside the property a person WQuld not develop
that center until ther~ is a major population already established and,
in the meantime, all the people who have moved into this area will have
to drive somewhere else to buy their needs. He said that the concern
from a planning perspective about putting a convenience commercial site
inside the project is that it has to be buffered because nobody wants
to live next to it. He s~id he respected Mr. Cl~rk's feeling on this
subject, but he did not agree wIth it.
Responding to CommissIoner Vo,s, Mr. Adkins explained it would be
better to have entry for the convenionce commercial site on both Golden
Gate Boulevard and Airport Road.
Mr. Varnadoe referred to the issue regarding the Golden Gate
E.tates Fire District and said he had talked with the representative of
the applicant and that it appears contacts were made with the North
Naple. Fire District and the Golden Gat,..., Estates Fire District, when
the applicant was going through the ~DA-DRI process. and that there is
a letter from North Naples Fire Chief Jone. who reportedly had talked
with the Golden Gate Estates Fire Chief and they agreed that wa. the
only site necessary for the property. He suggested, If the site needs
to be moved to be a joint site, that efforts b~ made to try to coor-
dinate with the two Fire Chiefs as to the location of the site.
&DOK 087 "~'.! 52
Page 21
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aoaK 087 W,! 53 May 7, 1985
Commi.si~nor Ha.se pointed ~ut there is a convenience store on
Pine Ridge Road that could .orve this development and Mr. Varnadoe said
that Pine Ridge Road from Golden Gate B~ulevard is over t~ miles away.
Commilsioner Piltor alked what plans have been made regarding fire
hydrants and Mr. Hole said they will be installed to County standards.
Commls.ioner Holland asked Mr. Varnadoe if ho thouqht the devel-
oper might have more inter.st in providing the other fire station
location if con.ideration wa. given to the developer's requost for that
commercial .ite at Golden Gate Boulevard and Airport Road? Mr.
Varnadoe said that he had agreed to discuss the matter with the Fire
Chief.. Commis.ioner Voss asked how a per.on ~uld get to the other
side of 1-75 if Golden Gate Boulevard. is not built and if the proposed
fire station sito is on the weat side of 1-75, and Mr. Vurnadoe said
that there currently is an over pas. in that area. He said that !ire
station site will have to bo provided when development is started on
the w.st .id. of 1-75 and added the east side area would be served from
the Golden Gate &states Fire station.
In response to Commissioner Haase's statement agreeinq with
Commissioner Voss, Mr. Adkins said that the developer did not choose
the proposed fire station site, but that it was a request from Fire
Chief Jon...
Commissioner Holland asked Mr. Ad~ins, if he could get the
commercial zone at Airport Road and Golden Gate Boulevard, whether it
would be possible to provide a amall parcel of land on the east side of
.- 1-75 for a fire station for the Golden Gate Estates Fire District? Mr.
Adkins r.sponded that he had spoken with Chief Revves and Chief Jones
several times and, to tho best of his knowledge, there was an under-
stand1ng regarding this m~tter and he was not sure there was a problem.
He said it was his understanding that there will be a fire station on
David C. Brown Highway. Mr. Varnadoe said that the applicant propos.s
to try and resurrect what he understood had been agreed upon which is a
sit. agreeable to both fire dopartments. He stated, if that Is not
possible, then somewhere on the eastern section of that southeastern
corner of the project the developer will agree to provide approximately
one acre for us. by the Golden Gat. fire Estates District.
Mr. Keller contended that placing the commercial strip in the
proposed location will start strip zoning o~ Airport Road.
Co..l..loner Bolland aoved, .econded by Co..i..ioner Goodnight and
carrl.~ unanlaoualy, ~hat the public hearing be clo.ed.
Page 22
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May 7, 1985
Co..iaaioner Bolland ~Yed, .econded by Co..iaaioner Qoo4ni~ht and
c.~~I.d unanl.ou.ly, ~at ~e oo...rolal ar.. .t Airport Road aDd
Golden Oat. Ioulevard be approved with the understandinq, if there 1. a
need for aD additional fir. .tatlon site In the Golden Oat. latate.
.~.., It will b. provided and that the ordinance a. nuabered and
eAtltled below be adopted and entered Into Ordinance look Mo. 201
ORDl~i .0. &5-1S
Nt ORDIIlAllCI MDDIIIO ORÐIILUICI 82-2 TBI COMPRI81)1SIVI ZO_IIIO
RlQULATIOMS roR TBI U.I_CORPORATID ARIA OF COLLIIR COUUTY,
FLORIDA IY NtØDIIIO TO 10llIWJ ATLAS M.P 1nM8U 0-26-3,
.'-21-2 AXD C'-25-1 IY CRAMOI_O THI ZOMIMO CLA8SIFICATI0- or
T" &&RII_ DISCRIIID RIAL PROPIRTY FROM A-2 A»D A-2 -ST- TO
-'UD- PLAMMID U.IT DIYlLOPNIMT LOCATID MORTB OF PIIII RIDGI
ROAD IITWID 'l'B1 18TATIS AIID 1-75 oWD IXTIIIDIIIO WilT TO
AIRPORT ROAD ALOMG THI FUTURI GOLD'" GATI 10ULIVARD IXTIMSIOM
rOR 1,925.C ACRII, 6,971 DWILLUIQ UUITS, CONJIIRCIAL oWD
RlCRlATIOMAL FACILITIIS, AWD PROVIDIlla AX Irr~CTIVI DATI.
u.. 112
DKYlLOPNIMT ORÐIR '5-2 RI DRI-'C-2C, JIMMY ADIIIIS RI'RISIMTIIIO KA.LIG
nUIT AXD VZGITABLI CO., R.I DIVlLOPNIIIT OF R&GIOMAL IMPACT APPROVAL FOR
TII VIMBYARD. - ADO.TID SUBJICT TO STIPULATIO_S
Legal n~tice having boen publIshed in the Naples Daily NewS on
December 7, 1984, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was continuod fro~ February 5, 1985 regarding
Petition DRI-B4-2C filed by JImmy AdkIns, representIng Naples Fruit and
Vegetable Company, requesting D.velopment of RegIonal Impact approval
for The vineyards.
Acting Zoning Director McKim explaIned this is a cf'..npanion item to
the previous item. She suggested t.".., minor changes, ~ne to combine the
Transportation Section under the SWFRPC's recommendations with the
local recommendations, whIch has been done in the PUD document and that
the other change. relate to minor grammatical, verbag8 changes.
Co.ais.loner Iollan4 aoved, seconded by Co..la.ioner Goodnigbt and
carried unanl.oualy, that ,the p~llc bearing be olo.ed.
eo..l..loner Holland ~ved, .econded by Co..is.ioner Ooodnight and
carried unanl..u.ly, that Developaent Order 15-2 be adopted with the
chante. .entioned by Mr_. "oKI..
.**
RlC1881 12100 Moon to 1130 '.M at which tl.e Deputy Clerk Kenyon
replaced Deputy Clerk Skinner.
...
bOOK 087 fA'·t 54
Pagol 23
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May 7, 198!i
Tape 17
It..,U
OftD1MAMCI 85-16 RK PITITIo. R-'.-.3C, VIIIKS . ASSOCIATES, RKQUESTIMO
UIOMIIIG FROM ';'¡D TO A-2 UD A-2ST rOR A PORTI011 or PIRALD L.UIS
LOCATm al'l'WID AIRPORT-PULLIIIG ROAD UD GOODLITI'K ROAD lX'fnSIOII -
ADOPTlD SUlJacT TO STIPULATIOMS. STArr DIRlCTID TO PRI'ARI A
RESOLUTIOII RKSCINDING 1'81 DIVILOPMIWT ORDIR rOR SAID PROJICT
Legal notice having been published in the Naples Daily News ~n
April 5, 1985, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was ~pened t~ consider Petition R-84-43C, Vines'
A.sociates, requesting rezoninq from PUD to A-2 for a p~rtion of
Emerald Lakes located between Airport-Pulling Road and Goodlette-Frank
R~ad Extension in Sections 2 and 3, Township 49 South, RangG 25 East,
which is also a companion petition to PU-85-6C.
Acting Zoning Director McKim stated that the objective ~f this
petition is to return the northern portion of the Emerald Lakes PUD t~
the original zoning. She noted that the proporty known as Emerald
Lakes PUD is currently under the ownership of three separate entities,
two of them are represented by Bill Vines and are requesting rezoning
from PUD to the original zoning. She noted that the other property
owner is not a part of this p~tition and by approving this petition,
the remainder of the PUD would not be valid. She stated that prior to
develoµnent of the third piee.., the property owner wollld have to have
tt.. .:.rùp.rLy '.l.MI.d. :';iìè ir,Jicat.d that ::;taff ..od all C.,ur.t:,' ...gene!@!!
reviewed the petition and recommended upproval subject to the
stipulations that the area in preserve in the original PUD be zoned A-2
·ST·, and that the Conceptual Water Management Plan for Emerald Lakes,
as approved by the WMAB on August 11, 1982, and by the SFWMD on August
11, 1983, shall continue to govern all future development of the
subject pr~perty. She reported that the CAFe held tholr pUblic hearing
on April 18, 1985, and unanimously recommended approval subject to
staff stipulations and that the -hold harmless- language as prepared by
the County Attorney's office be l.Igreed to by the petitioner. She
indicated that Staff is recommending approval subject to CAFe'.
stipulations and that staff be requested to prepare the resolution to
rescind the Development Order for this property. She noted that there
Is also a companion provisional use for this property.
Mr. William Vines, Vines, Associates, stated that this petition
results from the fact that a previously planned project under multiple
¢wnership failed to be developed as originally intended and
determination has been made that the separate owners prefer t~ replan
;~~ 087 ~.'.! 82
pege 24
~.., v~~ ",^",,,...._+p,,n__.__
· May 7, 1985
.a=« 1J~Ãn1\\(]~dU.l proper tie. and submit their plans to the Countr and
this reveraion from the previously approved PUD back to Agriculture
&onlng has been determined to be a necesaary first step to permit new
plans to be prepared.
Mr. Georqe Vega, Attorney repre.enting the petitioners, .tated
that this petition .tart~d in October, 1984, and there has been a
.erie. of delay.. He stated that he has been to the CAPC twice and the
third party has asked for extensions which the CAPC gave once. He
noted that during the entire 6 week extension the third party never
contacted him and they went back to the CAPe to request the rezoning.
He stated that the rezoning was granted by the CAPC to downzone the
property and put it back in a holding pattern which W?uld be
Agriculture. He atated that he would like to proceed with the request
that is before the acc at this time. He noted that two-thirds of the
property 1. being requested for rezoning.
Commissioner Piator questioned if two-thirds of the property c~uld
be rezoned and the other third be left as a PUD, to which County
Attorney Saunders stated that the PUD zoning is no different legally
than any other kind of zoning, adding that it is simply a special type
of zoning. He noted that in this case, the property owner for the two
northern tracts is petitioning for a rezone for his tracts of land
which can be considered In isolation from the southern tract.
Mrs. Ann Cox, property owner adjacent to the proposed rezoning,
stated that she owns an access easement that allows the party to the
south an access. She stated thðt she has allowed them to use the
acceSD, adding that she had a verbal agroement with the entire Emerald
Lakes PUD on the width of the easement and the types of vechicles that
~~uld cross it. She questioned if the property is rezoned, would the
agreement be void?
County Attorney Saunders stated that if ther~ is an oral
agr.ement, it W?uld not be beneficial to b~gin with, adding that if
both parties want the oral agreement void, It would be void.
Mr. Richard Grant, Attorney for Mershon, Sawyer, Johnston,
Dunwody, , Cole, representing West Florida Investments which owns the
100 acres on the southern side, stated that he is requesting that more
time be granted. He stated that under present circumstances West
Florida Investments is opposing this action, adding that it does not
mean that they W?uld oppose the action ultimately. He stated that
three years ago this property was overall zoned PUD and, at that tlmQ,
Page 25
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Ma y 7, 1 9 8 5
West Florida Investment. was aquiring the property. He noted that it
took both p.rtie. to put all the propercy together to make it a
combined d.v.lopment. He noted that to change it, there are right.
Involved with refer.nce to the impact that this would have on his
client's property. He noted that he would like to know wnac ettect
thl. rezone would have on hi. client'. property. He stated that he
knows that the Agriculture ~ning of that property is an interim use
aod he would like to know what is pro~sed for the property, adding
that acce.s is only one isaue. He stat.d that the ace actions could
Cause problems and they would like time to find out what i. being done.
He stated that his client has enqaged marketing consultant. and has
received a preliminary re~rt. He stated that he is ready to engage
.nqine.rs to evaluate such thIngs au water management, adding that if
h. had the time to study these matters there may be no objection to the
rezoning. He stated that he is aSking for a 60 day delay.
Commissioner Voss stated that there have been a series of owners
for this property and he qu~stloned if the prosent owner had been
contacted regarding the rezone, to which Attorney Vegn stated that the
attorney for the present owner, Mr. Sharp, had been contacted and was
at the CAPC meeting asking for the original delay which was granted.
Mr. William Sharp, Counsel to West ~lorida Investments, atate1
that hi. client own. other substantial properties in this County which
he actively manaqes and is a responsible landowner. H~ noted that the
property was acquired on May 28, 1982, with the express understanding
that it would be incorporated in the overall par.;el that w·,uld become a
PUD and if it did not become a part of the PUD, the property would be
repurchAsed from his client by the other pr.,perty owners. He stated
that there was a settlement agroement entered into on KJy 31, 1984, in
which the process of severance of relations was described which
contemplates the rezone of one of the ultimate steps. He stated that
he had no knowledge of this and did not learn that auch an agreement
exaited until February 19, 1985, which was the first meeting attended
by his client. He stated that during the intervening period, the
adjolnihg property owners of the PUD spent a lot ~f time and effort to
determine what should be done with the property ~nd, again, they did
not know of this process and therefore, do not know the plans for the
property. He noted that the first hearing of the CAPC was rebruary S,
1985, adding that it wan hi. understanding that this hearing WIS
continued by the CAPe. He noted that the next meeting w~a February 19,
&0811: 087 r~·;t 84
Page 26
< -~--"..,;.~".> ,_..-..~""'-" ...-,_."",-
Mðy 7, 19G5
"ÓD~ n~7 w·e 85
'19~~, at wnich time, he requested a extension that was granted. He
stated that b.t~en F.bruary 19, 1985, and the next m.eting date hi.
client underto~k studies regarding what impact this would have on his
property. He stated that the preliminary marketing report was
!~~!tv.~t but to date he has not received the final report. He n~ted
that he has retained local counsel and they feel that the property is
being serl~usly impacted and he is requesting that the Commission defer
action on this matter for 45-60 days. Ro noted that he would like to
know what 3tep 12 is going to be after Step 11, adding that Agriculture
is .Imply an interim step.
Mr. Georqe Voga stated that there i8 access for the property to
the north and to the west, ðdding that through the z~ning pr~cess there
has to be notice sent. He noted that aa far aa his intentions for the
property, he plans to come back before the BCC with another development
which will need a rezone, adding that at that time he will advise what
the property i. going to be used for. He stated that this petition has
been continued since January 17, 1985.
Commissioner Holland questionod who requested a continuance in
January, 1985, to which Acting Zoning Director McKim stated that this
was originally scheduled in January and was rescheduled to February due
to an adv"rtiai~g error. S~~ stated that CAPC first heard this
petition in February and th~y requested that it be continued tu allow
the property owners to get together ~ith the third property owner.
In answ~r to Commissi~ner Hasse' question regarding ~~cess, Mr.
Sharp stated that there is a title insurance policy which establishes
that the only existing legal right of access is a 60' ea.ement on the
northeast. He stated that there is a statement in the agreement
between the property ~wners which says that if the PUD d~es not ~rk,
his client is to receive a right-of-way from the northern property
owners.
C~mmissioner Voss questioned, if the Board chooses, can it legally
rezone the property? County Attorne~' Sðunders stat"d that it is his
opinion that the Boðrd can treat this as a separate pGtition of a
property ~wner and can rezone tho property even though It will leave
the southern portion in a state of confusion in that they will not bo
able to d~ anything with the property until they come In for Ð rezone.
Co..i..loner Pl.tor .oved, .econded by Co..l..ioner Goodniqbt and
carried unanl.ou.ly, that the publlc h.arin9 b. closed.
-rape II
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Ma y 7, 198 5
County Attorney Saunders stated that he and Mr. Vlq4 work.d ~ut
80me language in a ·h~ld harml...· 49reement and he would like Mr. VoqQ
to indicat. for the record that his client is holding the C~unty
.hat.l.... in the event of any liti9ation evolving ~ut of the rez~ne.
Mr. Clorge Vega statld that what C~unty ~ttorn.y S~unders stated
is correct, adding that he asked for a ·hold h4r~1.a¡· ~;r~em~nt which
his client 9av1 him. He .tated that h. is willin9 to give him another
~ne or change any languaql, adding that he has no proble~ with this and
he haa discussed the matter with Mr. Saunders several timea.
Co..i.sion.r Boll.nd ItOved, ..conded by Co..lulonar B.... and
carrlad un.niltOu.ly, that Ordln.nc. 15-11 re 'etition R-IC-C3C, Vines ,
A.socl.te., roque.tin9 re&onin9 fro. PUD to A-2 and A-2ST for a portion
of ...rald Lake. located bet..en Airport-,ullin9 Road and Goodl.tte
Road Ixtenaion b4 adopted and .nt.red into Ordinance Book Mo. 20,
aubject to the above-ref.renced .tipulation. and that staff be
roque.ted to prepare the resolution reacinding the Developa.nt Order
for thia proj.ctz
ORDUIAJlCE 85-16
AM ORDIMA»CI AMIMDIMO ORDIMAMCI 82-2 THI COMPRIBEMSIYK ZOMINO
REaULATIo.a FOR TII U.IMCORPORATID ARIA or COLLIER COUITY,
FLORIDA, BY AAINDIMO 1'81 OrrICIAL ZONINO ATLAS MI., MUMBIRS
~'-25-1 AND 4t-25-~ BY CBAMOIMO Tal ZONIMO CLASSIrICATION or
T81 BIRlIN DISCRIIID PROPERTY LOCATI~ 1M PART or SICTIONS 2
AMD 3, TOInISBU .., SOUTB, RAMal 25 lAST, nOM PUD IQIOIIßI AS
IK&RAJJ) LAXlS TO A-2 AMD A-2 ·ST·, MID BY PROVIDIMO rOR MI
nnCTIVI DATEI /3.1/
(Sce Pagc _ _ -:t::.
County Attorney Saunders stated for the record, to be sure that
there is no confusion, this rezone only applies to the northern tract.
It.. '14
'ITITIOM R-IC-2C, BRUCI ORIEN . ASSOCIATES, REPRISENTlMO WISLIY KIMO,
UQUISTINO RIZOIII FOR PROPIRTY OM THI lAST SIDI or BAYSBORI DRIVE/ULLY
ROAD - WITHDRAWN AT RIQUIST or PITITIONIR
Co..i.aioner Bolland .oved, s.cond.d by Co..is.ioner Ha... and
carrlad unani.oualy, that Patition R-8C-2C, BruQa Or.en , As.oel.tea,
rapre.enting Wealey Kln9 be withdrawn.
Ite. 115
'ITITIOM R-14-45C, BRUCE GRIEN . ASSOCIATES, RI.RISIMTIMG MICIIL
FORTIN, JOIM GOBEIL AMD RIMI GOBIIL, REQUISTING REZONINO FOR PROPERTY
LOCATED BITWIIM DAVIS BOULEVARD MID RADIO ROAD - DIMIED
Legal notice having been published in the Naples Daily New. on
April 5, 1985, as evidenced by Affidavit of publication filed with the
BDCK 087 W'( 86
pag. 2 B
. ", D.~."',Ù+, ...:":~,;.o, ,.
'''''''''':,..,~,J!'''>J '", .,;.;,....
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toOK 087 PAr,r 87 May 7, 1985
Clerk, public hearing was opened to consider Petition R-84-45C, Bruce
Green' Associate., representin9 Michel Fortin, John Gobeil and Remi
Gobeil, requesting rezoning from C-3 t~ C-4 for property located
between Davis ~ulevard and Radio Road approximately 1/4 miles west Qf
the intersection of the two r~ads in Section 3, Township 50 South,
Range 26 east, conaiating of 1~.3 acres.
Actln9 Zoning Director McKim stated that the objective of thia
petition ia to build a new c~r dealerahip on the aubject property,
adding that all County agencies reviewed this petition and had no
objection to ita approval subject to the atipulations outlined in the
Executive Summary dated May 7, 1985. Sho stated that an additional
stipulation that ahould be listed on the &xecutive Summary ia that the
number of access points on Radio Road'should be limited to one to
comply with the Comprehensive Plan. She reported that Staff reviewed
the petition and recommended denial for the reasons listed in tho
Executive Summary. Sh~ stated that the CAPC held their public hearing
on March 21, 1985, and recomm~nded approval subject to staff
stipulations and with the additional stipulation that a ~O' buffer
remain in natural vegetation along the west property line adjðcent to
the RMF-12 zone and ~n agreement be signed by the petitioner to limit
the use to a new car dealership and the C-3 uses. She noted that the
last stipulation is not valid and should not be considered, accordinq
to County Attorney Saund2rs. She concluded by stating thAt the
rccommondation by CArc indlcõtlng that the parcel be limited t~ the car
dealership cannot be considered and, therefore, Staff is recommendinq
that this petition either be sent bðck t" CAPC' for further review or
that it be denied.
"
Commisaionor Holland stated that new car dealerships and used car
dealerships go hand-in-hand and cannot be separated. He stated that
with reference to the access, he questioned if one entrance for
incoming and outgoing traffic would be butter than two entrances about
300 feet apart, one for incoming and one for outgoing?
Public Works Administrator Kuck stated that he is not sure who
added that stipulation, but as far as Public W?rks Department and
Engineering Department it was not their stipulation, and he has no
problem with two entrances as long as they provide the properly
designed turn lane on Radio Road.
Acting Zoning Director McKim stated that as far as the access, the
Comprehensive Plan discourages strip commercial, adding that one of the
paqe 29
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,;,.....~~:i~,,..-'"'.....\f"',..,...;.",; .(~.'. ,,:...~I ~~t!'.¡iþ";"f;";'; ·t:r..~...1 ~\(../..q¡,.....~, ,I ,,"';'!,' .".~~""';¡:~~~'f,,~'''':: ':'f¡,tt/\,4..."!',...... -, ,,\ . ~,,~ ,.....,.....~'~:" ~
......._._~^,.......""..~~."".>.~"""""m~.__..··~_~~
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May 7, 1985
characteristics of strip commerical is the number of access points.
Commissi~ner H~lland questioned what the surrounding property is
zoned, t~ which Acting Zoning Diroctor McKim replied RMF-l2 on one side
and C-3 on the other side which is commercial. Commissioner Holland
atated that there i. .lready C-3 and asked if changing it to C-4 is
considered strip zoning?
Acting Z~ning Dir.ctor McKim stated that strip commercial depends
on the actual site plan of the commercial, adding that it can occur or
not occur in any commerical district depending on the aite plan. She
noted that it is not the commercial z~ning itself, it is the site plan
that either makes it a strip commercial area ~r not a strip commercial
area. She stated that this is & recommendation to comply with the
Comprehensive Plan.
Commissioner Pistor stated that the limitations as far as C-4 is
not to limit it to a new car dealership, it is to limit it for all the
other uses under C-4 and ~here is n~ way to do it.
Acting Zoning Director McKim stated that under C-4 new car
dealerships are allowed as a principle use along with many other uses,
adding that a used car dealership is a provisional use. She stated
that it is recognized that used cars may be sold in association with a
n~w car dealership ðS ðn accessory use but not as a principle use.
County Attorney Saunders sLated that the problem io not with the
new car deÐlershl~, adding that the issue is whether C-4 zoning is
appropriate, and they need C-4 zoning for d new car dealership. He
stated that the CAPC felt that some type of deed restriction c~uld be
imposed so that they could have a new car dealership without any of the
other C-4 uses. He stated that he felt that this w~uld be impossible
to enforce and the Commission should lo~k at the C-4 z~ning, whether it
is reaso-lble for that location as opposed to the individual use in
that location ~s that us. will change.
Mr. Joe Boggs of Bruce Green & Associates, representing the
petitioner, stated that he is asking for the C-4 zoning to allow 1~r
the new car dealership which was allowed under the old GRC zoning which
the land was zoned prior to the new Zoning Ordinance. He stated that
he has acted in good faith to have a new car dealership, adding that he
~ffered to have a deed restriction on the use of the land. He noted
that as far as th~ t~ access points, the parcel has approximately 380'
of frontage on Radio Road and to limit this parcel to one access would
not be a go~d traffic pattern. He stated that there is one access
!~~~
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l"f"l.... ~It . .... ~4"
~___ _____._.~__ 0.' . ~
liT
~~D~ 087t's'" 89 Mðy 7, 1985
limited t~ Davia Blvd. He noted that there is no problem with
environmental, drainage, utilities or the traffic recommendations. He
.tated that C~PC's recommendation re9arding the SO' buffer is limitinq
h'ia client too much, adding that there is SO' left on the current site
plan, but It was labeled aa an expansion area. He stated that with the
expansion l8' would be required which will still leave a 32' buffer.
Co..l..ion.r Bolland .ov.d, ..conded by Co..ission.r a.... anð
carri.d unani.ou.ly, that tb. public bearln9 be clo..d.
Coami..ion.r 8011.nd .oved, .econded by Coaai..ion.r H...., that
Petition R-84-45C, Bruce Gre.n . As.ociat.., be approv.d a11owin9 for
two drivew.y. on Radio Ro.d due to .arety ractor.. Upon call ror the
qu..tion tbe action failed 3/2, (Co..i..ioner Vo.. and pi.tor oppo..d).
It.. 116
RISOLUTIO. 85-109 AUTHORIZING TBI COLLIIR COUNTY HOUSING FINANCE
AUTHORITY TO ISSUI MULTI-FAMILY HOUSING REVENUE BONDS IN AN AMOUNT NOT
TO IXCIID $9,750,000 - ADOPTED
Legal notice having been published in the Naples Dally News on
April 1, 1985, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened to consider multi-family housing
revenue bonds for the acquisition Dnd construction of a qualifying
apartment dðvelopment to be known as Golden Gate Villas for the Collier
County Housing Finance Authority located on Block 16, G~lden Gate Unit
2, and consisting of 18.5 acres.
Attorney DonaJ.d Pickworth, represE:ndng the Colller County Housing
Finance Authority, stated that he is requestin6 approval for the
Authority to iasue revenue bonds not exceBding $9,750,000 for the
purpose of financing a rental apartment project. He reported that the
property ia now covered by a PUD which was adopted in June, 1984, which
provide. for not exceeding 288 apartment units and requires as one of
the stipulations that the development be operated as a rental project
meeting all of the requirements of Section 103B4 of the Internal
Revenue Code. he noted that the developer is proposing to construct a
project which exactly meets the requirements of the PUD, adding that he
must build and operate his project in accordance with Section 10364 of
the Internal RBvenue Code in order to be eligible for the issuance of
bondft. He noted that there will be a change in the site development
plan, adding that it currently provides tor a series of buildings with
the parking to the our.side and a large landscaped amenity area in the
middle. He noted that they are proposing to bring the buildings to the
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May 7, 1985
outside and bring the parking into thn middle.
Commi.sion.r Has., stated that h. would like to see the permanent
. site plan before anything is decided on this iasue.
Attorney Pickworth stated that thia is a land us. matter and not
germane to this hearing. He noted that the only thing that mAY chAnge
w~uld be the specific aiting of the buildings on the project, adding
that it will not change the operation or the maka-up of the project in
any manner. He stated that this will not change the issuðnce of the
bonds at all.
Commissioner VQSS stated that if this was not approved, the
financing may be obtained at a higher interest rate which ~uld mean
higher coat for the developer which would be passed along.
Attorney Pickworth stated that the basic quality relating to the
project will rel~te to the ability to obtain financing at reasonabln
rates.
Mr. J:lme. MelchtHe, member of the Golden Gate Civic .a.ssociation,
atat.d that the Association voted unanimously to oppose this bonding
issue for t.he financing of these rental units. IlIi noted that this i6
conaidered to be a subsidy which is a benefit to the developer but not
necessarily t" th'" r,.ntftrs. iia stated that there are a number of PUD's
underway in Golden Gate ~lready. He noted that this project makes
available lower rental units, but they could be a lot lower th~n what
ia anticipated due to the revenue bonds monðY. HI stated that he
objects to the tax-free bonds and to the apartments being undersized.
Mra. Charlotte Westman, representing tho League of Women Voters,
stated that the league supports low entry housing, adding that a survey
was done a numbor of years ago which pointed to a need for such housing
in this community. She questioned the price range of the apartments
for this development?
.a.ttorn~y Pickworth stated that this is not a governmental mandated
rentAl program, but it works through a regular lendin~ institution and
they look at rents and apply certain marketing factors to make a
feasibility determination from the standpoint of a loan. Hu noted that
the proposed rcntals will be in the range of the low three hundred'.
for the 6;,)411er uni ts up to about $450 a m~nth for the larger two
bedroom units which are just under 900 square feet.
Hrs. Westman stated that this ~uld add to tho provision for
housing for people in the moderate income level, Adding th&t there i. a
need for this type of housin9 and the problems with interest rateS has
On...
lOOK Uð' W.! 00
Pa'j]1! 32
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caused a slow-down on this type of hQusing.
Tape . 51
May 7, 1985
Attorney Pickworth stated that thia project is a culmination of
what haa been discussed many times over the years, adding that there
have been many individual. that have spoken on the dire need for
providinq decent affordable h~using for the working people in the
comnanlty. He stated that the Cnllnty h!!!!I r~c"'Jniz",<:I this need and it
has been part of the Comprehensive Plan for a l~ng time. He stated
that ,thh is the right QPportunity, with the right location, the riqht
developer, and the right management.
In answer to Commissioner Piator's questi~n, Mr. pickworth stated
that the citizens of the C~unty are nót at any ~bligatlon, adding that
the Authority issues the bonds and loans the money to a lending
institution and the lending institution pledges very secure collateral
to insure the payment of the bonds to the bond holder and then looks to
the developer of the proj~ct for repayment. He noted that the b~nds
will be Triple A insured bonds with ð secure s~urc~ of repayment.
Commissioner Hasse questioned in how many ~ther areas the Housing
Finance Authority has done this type ~f work? Attorney pickworth
stated that this 1s the first multi-fðmily project that the Housing
Authority has authorized for the bonds to be issued, adding that there
ha. been II series of bond issues in thø single-family area.
Co~i..ioner ,i.tor .oved, .econded by Coaais.ion.r Goodnight and
carried unani.ou.ly, th.t the public hearing be clo.ed.
CORai..ioner Pi.tor .oved, .econded by Coaai..ioner Goodnight and
carried 4/1, (Co.-i.sloner H.... oppo.ed) that Resolution 85-109
authorizing th. i.suanc. of aulti-faaily housing revenue bond. in .n
..oun~ not to exceed $9,750,000 for the .cquisition .nd construction of
. qualifying apartaent developaent for the Collier County Housing
Finance Authority be adopted.
paqe 33
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It.. 117
'ROPOSED ORDIMAMCE AMElDIUG BICTIO. 108.2(c), STAMDARD BUILDI.G CODI,
1981 EDITION - CONTINUED TWO WilKS TO RICIIVI INPUT !ROM CONTRACTORS
Lega! n~tic. having been published in the Naples Daily News on
April 5, 12, 19, and 26, 1985, as evidenced by Affidavit of publication
filed with the Clerk, public hearing was opened to consider II proposed
ordinance amending Section l08.2(c) of the Standard Building Code, 1982
Edition, pertaining to certification of location and elevation of floor
levels for new conatruction.
~cting C~mmunity Dovel~pment Administrator MUllins stated that
this is a request to approve a new ordinance which ~ill amend Section
108.2(c) of the St~ndard Building C~de, 1982 Edition, adding that the
purpose is to require certification of the location in terms of
setbacks, and elevation of the floor levels for new construction. She
noted that a request was made regarding the cost, adding that she
contacted engineers and they indicated that this in a routine procedure
and prices range from $lOO~250 for such requirements. She reported
that mortgage c.)mpanies normally require this and the cost does not
vary whether this certification is required at the beginning of
constr.uctio~ or at the pnd, adding that the C~unty ~)uld require it at
the beginning.
In answ.r to Commissioner H011and, M~. Mullins ~tat~d th4t the
certification ~,uld ne~d to be done at the time the foundation and
pilings were laid and the flood level would be done at the time the
first floor i~ put in.
Commissioner Holland stated that possibly the certification could
be done before the foundation is poured, because if it is determined
that it is in the wrong place after the foundation is poured that could
be very costly.
County Manager Lusk stated that if th! certification is done
before the concrete is poured, the lay.)ut c·)uld be moved as there is
simplY a hole in the ground with some boards and steel. He n~ted that
this is producing a survey for a hole, adding that if the concrete is
poured, the foundation itself is being surveytd. He noted that if ht
was a contractor and had to pay for a survey, he w~uld want the
foundation poured as he ~uld want to be sure that it was in the right
place. He stated that this item c~uld be c~ntinued for two weeks t~
let the Contract~r's Association make a recommendatio~, adding that
they are the ones that will have to deal with the survey.
&DDK 087 f"~~ 94
Pa g e 34
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May 7, 1985
Co..l..loner Pistor aoved, .econded by Coaai.sioner Holland and
carrleð unanlaou.ly, that the propo.ed ordinance ..endlng Section
108.2(c) of the Øt.~dard Building Code, 1982 Edition, be continued for
two week. to receive input fro. the Contractor..
Ite. 118
RISOLUTIOM 85-110 RI PITITIOM V-8s-eC, CAROL WOMBLI, REQUESTING
~IAHCI PROM RIQUIRID LAMDSCAPI STRIP BETWIEM DRIVEWAY AND BOTH SIDI
PROPERTY LIMES 1M MORTR MAPLES EST. - ADOPTED SUBJECT TO STIPULATIONS
LegAl notice hAving been published in the Naples Daily News on
April 21, 1985, as evidenced by Affidavit of publication filed with the
Clerk, pUblic hearing was opened to consider Petition .V-85-4C, Carol
Womble, requesting variance from the required landscaped strip between
the driveway ~nd both side property line8 for the east 80 feet of Lot
32, NQrth Naples EstAtes.
Acting Zoning Director McKim stateJ that the objective of this
petition i~ to reduce the required landscaped area from 5 feet t~ 2
f.et botween the driveway side property lines. She indicated that the
subject property was zoned from RSF-4 to C-4 on August 7, 1984, and at
that time, the petitioner agreed ~o certain stipulations, two of which
specifically relate to this proposed variance. She noted that staff
has been in communicatlon ,...ith tho applicAnt on comJlioncu willi 411 the
stipulations And according to the last correspondence with the
. - applicant a11 requirements W':Iuld be met by Mðy' 8, 1985. she. noted that
Staff did find special conditions and a hardship in meeting the
requirements under the C-4 zoning. She indicated that Staff is
recommending approval subject to all tho stipulations of the rezone
being met.
Commissioner HollAnd stated that at the time that the rezoning WAS
qranted, one of the stipulations was to have a waste package plant put
in. He questioned if this has been done?
Mr. Mark Lamoureux, representing the petitioner, stated that the
petitioner has connected to the City of Naples water and an order for a
small treatment plant is pending th~ decision of the County
Commissioners this date. he noted that there will bo ð six to eight
week delivery at which time it will be installed. He stated that all
other items can be completed within the next two wœeks, adding that
everything has be.n postponed pending the Commissioners decision. He
noted that there is an existing septic tank and drainfleld th3t the
applicant has been using. He noted that the building use to be a
P.sge 3 5
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May 7, 1985
re.idence which is' now being used as a real estate office with n~
expansion intended. He rep¢rted that at thQ time the rezone was
approved ~here was an unknown factor if such a small sewage treatment
plant could be obtained.
Commissioner HQlland questioned it the petitioner would be willing
to (¡live the C.)unty an agreement indicating that this building would
only be used as a real e.tate office, to which Commissioner VOGS stated
that the property is zoned C-4 and there are a number of uses for C-4
and the County could not ask for such an agreement.
Commis.Ioner Hasse questioned the 2 feet on either side of the
driveway, which Mr. Lamoureux stated that the only place to obtain
le9al parking for the property is at the rear of the building and the
only way to qet to the rear of tha building is along one side with a
one-way entranca and then the only way to exit is by a driveway on the
opp¢slte side going out, and th. problem is that the existing setback
is 12-1/2' on each side and if a 10-1/2' drivvway is installed, this
variance will be needed.
Co..i..ioner Goodni(¡lht aoved, seconded by Co..issioner 'istor and
carried unani.ously, that the public hearinq be closed.
Co..is.ioner pistor aoved' seconded by Co..is.loner Goodnight and
carried 4/1, (Co..issioner Holland opposed) that Resolution 85-110 re
Petition V-85-4C, Carol Woable, requestinq variance fro. the required
landscape strip between driveway and both aide property line. in Morth
Mapl.. Istat.. be adopted aubject to all stipulation. of the resone
being ..t.
&ODK 087 PN 96
Page 36
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Mðy 7, 1985
RIBOLUTIOM 85-111 RI PITITIOM PU-8S-3C, WOODLAKI PARTNERSHIP,
aaQUISTIMG PROVISIONAL USI or 81CTIOH 8.10, ISSIMTIAL SERVICES or A-2
'OR PROPlan anwEIDI WOODLAICI COIIDO AJCD MARCO SHORIS - ADOPTED, SUBJECT
TO PITITIOMIR'B AQRIIMEHT AWD rIMDIHG or 'ACT
Acting Zoning Direct~r McKim stated that the petitioner is
requestinq provlsi~nal use of Secti~n 8.10, Essential Service. of A-2
for property locet.d a~~10xlm.L~ly 2 mllwa aouth of U.S. 41,
ðpproxl~.tely 1 mile east of S.R. 951 between W~~dlake Cond~ and Marco
Shores, (Unit 30), PUD in Section 15, Township 51S, Rðnge 26E as
located on zoning map 51-26-5. She indicated that the objective is to
move the proposed site of the package treatment plent from the Wood lake
Condo property to the subject property. She noted that Staff and all
County agencies reviewed this petition and have no objection to its
approval subject to the stipulations found in the petitioner's Agree-
ment. Sho indicated that the CAPC held their public hearing on April
10, and baaed on their findings of fact, recommended approval subject
to the stipulations in the Petitioner's Aqreement with Item ·C· being
revised to allow access from the south if an agreement cannot be
rwached with Deltona.
Mr. William Dahnke, Jr., President of Concept to Completion,
representing Woodlake Partnership, stated that Woodlake has a
condominium which waG approveú and is virtually constructed at this
point, adding that originally he received approval from DER for a small
sewage tr~ðtment plant which was to serve part of Woodlake and part of
scme other property owned by the partnership. He stated that this
project has been in the process for the last f~ur years and at one
time, there was a verbal agreement made with Spade Engineering Company
that if Wbodlake Partnership did certain improvements, Spade
Engineering ~uld remove an exaiting sewer plant that is on
county-owned property and blocks thetr entrance on Port-Au-Prince Road
which now serves part of Port-Au-Prince. He atated that, in the
meantimo, they were approached by the County and Deltona to provide
temporary quantity for sewage treatment of both the existing area and
the M(rco Shores PUD which surrounds them. He noted that Woodlake
Partnership hðs leased 3 acres and a 100 foot strip for access in the
area north of them, adding that the 3 acre~ ~)uld be completely covered
by the plant and the ?onds that are required by the DER. He stated
that he WðS issued a permit from the DER, adding that they can now
op~rate a 53,000 gallon per day plant. He stated that sewage plant
Page 37
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May 7, 1985
it.elf is capable of expan.i~n t~ lCO,OOO ~all~n. a day, adding that if
the County or Delt~na wants to use the .xca.s CApacity, the owner has
a9r.ed to this. He noted that an agreement has been signed under
Woodlak. to remove the sewage treatment plant at the time that Deltona
or the C~unty comes up with a re9i~na1 plant. he noted that Woodlake
repre.ent. 236 unit. and requIrement. are about 4ù,ûûû 9all~n. a day.
He noted that this plant with an expanded area for ponds, which ~uld
have to be repermitted by D&R with an additional provisional use at a
future date, could provide .ewage for the entire area until Deltona or
the County has a regional plant. He n~ted that there i. an existing
road that c~uld be used for constructl~n and maintenance that he Is
neqotlatlng with Deltona, adding that he received the agreem6nt back
from Delt~na the previous day and one of the requirements for the use
of that road i. that WQodlake Partnership provide an unspecified
quantity within the plant for Deltona's use for Marco Shores, adding
that this loIOuld be a problem. Ih, state~ that there may be a problem in
reaching an agreement on this road, adding that he has pr~posed a
temporary one-way Access road to the plant to c~nstruct the project and
whoever takes over the plant can get lnto the site so that repairs can
be done.
Co..i..ioner H.... ~v.d, .e~~ndea by co..i..ion.r Pi.tor .nd
carri.d unaniaously, that R..olution B5-1.1 re Petition PU-B5-3C,
Wo04lat. Partn~r.hip r.que.tlng provi.ional u.e ~f S.ction B.10,
K...ntl.l S.rvic.. of A-2 for property between Wooalake Conao aua Marc::o
Shor.. be aaoptea .ubject to the petltlon.r'. .9r...ent and tbe rindlng
of ract.
aDOK 087 W.[ 100
pa<Je 38
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ij~' Tape 110
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May 7, 1985
PITITIOM 'U-85-5C, CENTRAL fELLOWSHIP BAPTIST CBURCH/rIRST BAPTIST
CHURCH RIQUISTIMG PROVISIOMAL US! -1- Of I~TATIS - DINIID
Acting Zoning Director McKim stated that Petition PU-85-5C,
Central Fellowship Baptist Church/First Baptist Church requesting
provi.ional u.e "l" of Estate. I. to build a church located on the
s~uthea8t corner of 25th Avenue S.~. and 39th Street S.W., the north
180 feet of Tract 143, Unit 28, Golden Gate Estat~s. She Indicated
that Staff and all County Agencies reviewed this pet1ti~n and
recommended approval .ubject to certain stipulatl~íI., adC:ing that the
CAPC held their public hearing on April 18, 1985. She stated that
.even people .poke against the Petition bQcau~c of the increase in
traffic and noise it would create aa well as a decrease in the value of
surrounding properties. Shœ reported that a petition witll thirty
signatures, all in opposition to the church, was presented. She noted
that based on the Findings of Fact, the CA?C recommended denial.
Commissioner Voss presented for the record, petitions signed by
approximately 100 people asking th~: the request for the provisional
use be approved.
Mr. ~eorge Keller stated that the Golden Gate Civic Association
._ and the Golden Gate Taxpayors Association oppose this church. He noted
that this particular corner is very dangerous and there is already one
church there. He staLed that a church cannot exist financially without
activities, therefore, a church must have a lot of meetings and
activities during the week which creates excessive traffic. He noted
that 25th Street bridge carries II lot of traffic at thi~ time without
adding any additional traffic. He reported that there are two churches
In the area and he understands that there is another petition coming
through for another church, adding that he is requesting that the CAPC
recommendation for denial be followod.
Mr. Larry Lawrence presented petitions opposing th~ church from
residents that live on 23rd, 25th, 27th, 29th, 31th Streets due to the
fact of the traffic at the intersecti~n and the tight turning radius
off 25th onto C.R. 951. He questioned what would happen with the land
that is between the provisional us~ (or the church and the C-~ ;oning
for the restaurant? He stated that the zoning would probably b~
changed and then there ~)uld be strip zoning in the area. He noted
that if this is done, there would be a total of 4 churches in the .ame
Peg. 39
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~;¡'.~~;, 1area using that same intersection at the same time.
tfZ~:::';¡:~';.'" Commissioner Ha... stated that he has a great deal of cl)ncern with
~1c..:<}· reference to the tuff ic in the area. '
~:;' Co..i..loner H.... ....4, .econ4ed by Co..i..Soner ,l.tor .nd
7'tP,:, 4¡¡,d~~ ~~~~!=~!.:!!1~, the!: P.tt.tJð" PU-8$-5C, C."tral ".U~v.hip Baptht
~.L Cbarch/rlnt Baptist Church be denied.
.,." It.. 121
..
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RISOLUTIOM 15-112 RI PETITIO. PU-85-6C, VIMIS , ASSOCIATES, RIQUISTIMa
PROVISIOKAL USI TO COMTIMUI TBI IXCAVATIOH OPIRATIOM rOR IMERALD LAIIS
- ADOPTID
Acting Z~ninq Director McKim stated that this is a provisional use
for the portion of Emerald Lakes that has the excavation on it and this
allows them to cont1~ue that excavation. She stated that Staff is
recommending approval.
Co..i..lon.r Holland ~ved, ..conded by Co..l..loner PI.t.or and
carrl.d unanlaoualy, that Reaolution 85-112 r. Petition PU-85-6C, Vine.
, Agaoclate., reque.tlng provi.ional u.. to continue the excavation
operation for I.erald Lak.. be adopted.
mK 087 me 106
pagw 40
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'n.. 122
MR. WILLIM r:~ BOLTZ, AP'IALIIIO IIOTICI TO ABATI A IIUISAIICI I.T BLOCK
348, LOT 13, MARCO lSLAMD - CONTINUID rOR TWO WEIKS
May 7, 1985
Acting Community OevelopmQnt Administrator Mullins stated that Mr.
Boltz is requesting an appeal of notice to abate a nuisance dated
February 19, 1985, under Ordinance 84-63 which pertains to unattended
growth of weeds and vegetation, adding that the locati~n is Marco
Island, Block 348, Lnt 13. She noted that the lot was inspected on
February 15 and was found to require mowing, adding that when Mr. Boltz
was contacted by letter, he responded that due to the fact of a large
amount of debris on his property he could not mow it. She indicated
that Staff spoke with the County Attorney regarding the matter as Mr.
Boltz claims that someone other than himself put the debris on his
property and, dlsplte the fact that the debris is not the property
owne~s, It is still the property owner's responsibility. She stated
that based on this informat10n, Staff is recommending denial of the
request to rescind the not1ce of abatement.
Mr. William Bo~tz stated that the concrete that is on his property
was put there by the contractors when they poured the driveway for the
restaurant next door. He stated thBt there is grease and oil from the
restaurant that has been poured on the ground. He stated that he
understands the ordinance and is willing to mow the property, but the
debris that is on it was not put there by him.
-,
Commissioner Voss stated that County ordinances make it illegal to
dump refuse on empty lots and questioned If Mr~ Boltz could prove who
did this, t~ which he replied negatively, adding that he knows who did
it, but he cannot prove it.
County Attorney Saunders stated that Chaptor 13 of the Code
pro.libits the dumping of that type of material on somebody else's
property a~d if it is aetermined who 15 doing the dumping, civil action
c~n be taken. He noted that other than that, the property owner is
responsible.
Deputy Chief Barnett questioned if Mr. Boltz ever c~ntacted the
Sheriff's Department when he found debris on his property, to which Mr.
Boltz replied negatively.
Commissioner Voss Indicated that Mr. Boltz should contact the
Sheriff's Department to see if the mattør can be resolved and the Bee
could delay action for a period of two w~eks.
Co..laaloner Pi.tor moved, .econded by Cou.is.10ner U...o anð
Page 41
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t~~1/ . carried unanhaoualy, that the request fro. Mr. N1111a. E. Boltz
it't.:;". appea11n9 a notice to abate. nuiaance on Block 348, Lot 13, Marco
~1·,.. .. ,
~'~; 1.1aað, be continued for two week. and the Petitioner contact the
~ìI.~<' Sheriff'. De¡Nllrtaent..
~:it.. 123
~" "
:!"',' RUOLUTI01I 15-113 RISCINDIIIO AlSOLU'l'I01lS 85-52 AND 15-53 RIGARDING LOTS
..' 424. 425, 426, , 430, ISLE or CA'Rl (MRS. GIRALDIMI MJUlGBAM) - ADOPTED
~ctin9'C~mmunity DQvelopment Adminiatrat~r Mullins stated that i.
a request to rescind R..~luti~ns 85-52 and 85-53 regarding l~ts 424,
425 , 426, and 430, Isle of Capri, owned by Mrft. Geraldine Mangham.
She stated that these lots were inspected ~n September 28, 1984, and
found to require mowinq under Ordinance 84-63. She stated that this is
a situ.ti~n that from the time of first inspection until the time of
re-Inspection, the lot could have been mowed and grown again. She
stated that there was approximately f~ur m~nths in-between inspecti~ns,
addin9 that Staff is r.c~mm.nding approval of the :~titioner's request.
Co..l..loner PI.tor ~v.d, .econded by Co..i.sioner Goodnight and
carried un.nl.ou.ly, th.t Re.olution 85-113 rescinding R..olution.
IS-52 and 15-53 re9ardin9 lot. 424, 425, 426, and 430, I.le of Capri
(Mr.. Geraldine ....n9h..) be .dof~ed.
&DOK 087 PA',r 112
paq e 4 2
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XUa 124
lID 1791, ROADWAY IMPROVIKEMTS WITHIN THI GRIEHNAY ROADWAY ARIA PAVIMO
AlSISSKSWT DISTRICT - AWARDED TO BETTER ROADS, INC. 1M THI AMOUNT or
f435,31.7.47
Legðl n~tice hvLl9 been publ1.hftd in the Naples Daily NewS on
March 25, 19a5, as evidenced by Affidavit of publication filed with the
Clerk, bids Wtlre received for roadway impr·)Vements within thft Greenway
Roadway ^rea Paving Assessment District until 2130 P.M. April 17, 1985.
Public Works Administrator Kuck stated that five bids were
received for this proj.c~. He noted that the County &ngineerlnq
Department r.viewed all bids and he is recommending that Bid 1798 be
aWArded to aetter Roads, Inc. in the am,~unt of $435,317.43, being the
low.st bidder.
Co..i..ioner Holl.nd aoved, .econded by Co..i.aioner H.... and
carried un.ni.ou.ly, th.t Bid '798, Ro.dw.y Iaprove.ent. within the
Greenw.y Roadw.y Are. Pavin9 A.......nt District be .ward.ð to Better
Road., Inc. in the aaount 'of $435,317.47, being the low bidder and in
tbe beat lnt3re.t of the County.
It.. 125
ADYlRTISI TO nICIIY! BIDS AND FUNDING FOR TBI CONSTRUCTION COST TO
ALTIR/RlLOCATI TBI LAKEWOOD WATER CONTROL STRUCTURI IN LAKEWOOD
SUBDIVISION - APPROVED
Public Works Administrator Kuck stated that the objective of this
item is to obtain &?ard approval to advertise to .eceive bids for the
alteration/rolocation of the water control structure located within
Lakewood Subdivision. He stated that the location of the existing
water control structure has been a subject of concern to the residents
of Lakewood Subdivision since its installation in 19a1. He noted that
the residents have indicated that their objection to this location is
based on the fact that this structure was not a requirement to the
development of Lakewood Subdivision, adding that it was a requirement
for the development of Boca Ciega, a project located adjacent and
upstream of Lake~od. He stated that C~unty staff members and South
Florida Water Management District representatives have met with the
r.sidents and have agreed to the relocation of the water control
.tructure .ubject t~ 5~~rd approval. He noted that thi~ project is
estimated to cost $20,000.
Commissioner Pistor questioned if the old one is going to be
removed or if It Is just going to be lowered by about one foot?
&ODK 087 PAGt 114
Page 43
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Public Works Administrator Kuck stated that the present plan is t~
remove th~ existing structure 8~ that there would no~ be any turbulence
downstream, adding that there has been some th~ught to leaving it in
and lowering it somewhat so that there would be a d.eper po~l of water
between the two structures. He stated that he prefers to remove the
existing o~e in its entirety.
Col. John Beebe, Jr. stated that he would suggest that the County
leave the present structure in place and lower it about one fo~t, which
will in effect create a type of settling pond that would help prevent
silting through the pipe. that go underneath Lakewood Blvd. and which
result in silting in the entrance of tho lakes on the other side which
is another pa(t or the same outfall system. He stated that this system
actually drains about 2,000 acres ~f property upstream. He also stated
that an~ther structure should be relocated upstream where it was
originally intended to be.
Commissioner lIasse questioned if Mr. Kuck could lower the existing
structure and if he did, would it make an impact on the estimDted cost?
Public Works Administrator Kuck stated that it would pr~bably
reduce the cost, addlng that it would be subject to S~uth Florida Water
Management District'. approval. He stated that it would work fine if
the present structure was lowered ab~ut a foot.
Commissioner Voss stated that the request could be approved and
then he could get together with South Florida Water Management District
._ regarding approval to lower the existing struct.ure, tQ which Mr. Kuck
aqreed.
Co..l..ioper Pi.tor aoved, .econded by Co..i..loner Goodn19ht and
carried unaniaoualy that advertisin9 to recelv. bids and funding for
tbe con.tructlon coat to alter/relocate the Lakewood Water Control
Structure in Lakewood Subdivision be approved.
..... Co..i..loner Holland left the ..et1n9 at 3z30 '.M. and
returned at 3140 P.M. .....
It.. 126
UTILITIBS DIVISIOM AUTHORIZED TO ACCEPT SUMSrr BOMBS WATER ASSESSMENT
DISTRICT PETITIOM, OBTAIM NECESSARY UTILITY IASIMENTS, EXPEND NECESSARY
ruwos FOR RECORDING FEIS AND TITLI REPORTS MOT TO IXCEID .900 , PREPARE
A FEASIBILITY STUDY WHICH INCLUDES THE PRELIMINARY ASSESSMENT ROLL
Utilities Administrator Crandall stated that Sunset Homes
petitioned the County for water service only, adding that there are 132
parcols and approximately 88' of the owners aigned the pvtition. He
stated that he ia asking that the potition be accepted And authorize
Pa9. 44
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hi. to obtain the necessary easements and the payment of the recording
fee., as ~ll a. authorizati~n to prepare the preliminary assessment
roll. He atated that the recording fee is approximately $900.
Coaal..loner pl.tor aov.d, .econcS.cS by Comaiaalon.r Goodnight and
carrl.d 4¡0, (Coaahdoner Holland not pr...nt at this U..) that the
Utl1ltl.. Dlvi.lon be .utborlz.d to accept Sun.et Ho.e. W.ter
As......nt DI.trlct P.tltlon, obt.in n.ce...ry utility ......nt.,
.sp.nd n.c....ry fund. for record1n9 fee. end tltl. r.port. not to
exc..d .900 .nd prep.re . fea.ibillty .tudy which include. the
pr.1i.in.ry ...e....nt roll.
It.. 127
UTILITIIS DIVISIO. AUTHORIZED TO PROCEED WITH MARCO ISLAHD WATER AND
SEWIR DISTRICT PHASE II SEWER IMPROVEMENTS
Utilities Administrat~r Crandall stated th3t his røc~mmendation is
that the C~unty move forward with just the collection system for Phase
II Marco Island. He stated that it was asked ~f him at the worksh~p to
bring back the coat ~f thð effluent system. He noted that ~n the
effluent piping system ~nly, tho cost to be installed in c~njunction
with the collecUon syst.l!m w~uld be ab~ut $4.50 per f""t, adding that
if it were put in at a later date it would c"st ab"ut $9.00 per fo"t.
He stat.d that if a c"mmitment is made that the wh"le system will be
done it would b. fine, but the system is no g""d with"ut the
transmission system, the pumping and the filtering.
Commissioner Pist~r stated that he feels strongly th~t this sh~uld
be d~ne and if there is a possibility of a sh~Ltag. of water the C"unty
should start thinking now about conserving p"table water and making use
of the ef fluen t.
Utilities Administrator Crandall stated that consideration needs
t~ be given t" whether there sh~u1d be an aSRessment program added to
the actual assessment. He said doing that a precedont is be1ng set and
it would be determined as a naces.1ty and evtryone would be a.s....d.
County Attorney Saunders stateO that there was legal work done on
this ab~ut a year ago regarding b~nd va11ù~~ion, adding that the
documents are prepared. He stated that he ~~uld like to have
authorizat1~n to retain Mr. Giblin f"r the purp~se of b~nd validation.
Utilities Administrator Crandall stated that he 1s asking for
authorizati"n t" negotiate an agreement with Delt~na regarding the
treatment of Pha.. II .ewage flow, that he be authorized to proceed
with the project engineers t~ update estimat~d costs ~nd preparation of
&DDK 087 p~r,r 116
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May 7, 1985
and bid documents for the ..wago collecti~n
and to also include effluent distributi~n
final c~nBtruction plans
and transmission system,
11nes.
Assistant County Manager Dorrill stated that the sQcondary use
line has always been in the project and it was at thi8 point today that
there was thought ~f taking it out. He stated that at the time the
bonds are validat4d and the actual assessment roll is preparod, there
will have t~ be a public hoaring.
Utilities Administrator Crandall stated that he needs
authorization to advertise for bids also.
In answer to Commissi~ner Hasse, County Attorney Saunders stated
that there is some question c~ncerning the effluent line, adding that
it is his opinion that it can be assessed.
Utilities Administrat~r CrÐnd~ll stated that he has two pr~visl~ns
listed, ~n. being that a signed agreement with Delt~na Utilities, Inc.
is ~btained and two, that bonding is validated in an amount sufficient
to fund this project.
Co.-Issloner PistQr aoved, .econded by Co..I.slon.r Goodnight and
carried 4/0, (Co..Is.Ioner Holland not pr~sent at this ti.e) that the
Utllitl.. Division be authorized to proc.ed with Marco Island Water and
Sewer District Phase II Sever I.prove.ents.
Tape III
Commissioner Pistor stated that he ~)uld like to ~roceed with the
~. investigation of putting in the sec~ndary water lines with the tertiary
. - treatment.
Assistant County Manager Dorrill stated that there hAS to be a
c~ntract negotiated with Deltona Utilities to treat the su~ag~ as It
comes in and, at that time, there could be some type of agreement
negotiated for return irrigation and if that is possible, he will come
back to the BCC indicating such.
It.. US
CONTROLLED BURNING MORATORIUM REINSTITUTED WITH EXCEPTION or FARMERS
Assistant County Manager Dorrill stated that this matter was
dIscussed at th~ workshop and there were feelings by two of the
Commissioners that perhaps the burning moratorium sh~uld not be lif.t,rl.
He stated that this moratori~~ was lifted in c~njunction with the
watering ban that had been imposed. He stated that people arc required
to call his office to get some approval, adding that he gets
information as to the day the burning will be performed, under what
Page 46
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He stated that he then
which point, these people
and obtain a Department of
new step Is that the people
',type of circumstances, and the location.
advise. whether it is advisable or n~t, at
'have to go to the respective fire district
!orestry number. KI stated that the ~nly
are r.quired firat to call his office.
C~mmi.sioner Ha~ne ntAtod that thero has boon n~ chang_ with
r.gard to the dryness and h~ doe. not want to be in favor of controlled
burning ift should get out of hand. He stated thÐt to walt a few
weeks would not hurt anything. Commissi~n.r Hasse stated that he w~uld
like to make a motion that the Commission hold off on lifting the
mo r a to r i um .
County Attorney Saunders stated that his recollection of the
burning moratorium was that it had a time frame in it of 10 days or 2
week., adding that it is his opinion that there is no moratorium at
this time that has been imposed by Collier County. He stated that if
the C~mmi.sion wants to impose a moratorium for two weeks, the same
resolution could be re-unacted. He stated that the appropriate motion
would be to r~in.tituto the previous moratorium for a period of two
welks with an exception for farmers.
Commissioner Holland stat.d that he would like to s.e the
moratorium reinstituted without a time period.
Assistant County Manager Oorrill stated that this could be done
and he ~)uld simply bring it back sometime after tho Board's vacation
in Jul y .
Co..i..ioner H.... ~yed, .econded by Co.-Issioner Holl.nd and
carried unani.ously, that the burning .o~.tori~ b. reinstituted with
tbe exception for far.er..
County Attorney Saunders Indicated at this time, that Commissioner
Holland had mentioned at the workshop the possibility of the water
shortage being put back on and changing the hours to midnight to
4100 A.M. for watering. He stated .that ho spoke with the Water
Management District and they indicated that they would like to see
uniformity in all the districts, cities, and countlea in hours of
watering. He stated that they did acknowledge that if there is a
certain circumstance within Collier County where pressure is effected
or some other reason, they would consider permitting the County to
water some other time ~ther than 4100 A.M. to 8100 A.M. He stated that
if the District decides to put the water shortage back into effect, h.
'/IOuld contact them aga in at that time to see h~w I t can be handled.
lODK 087 FA'.! 118
Page 47
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'~P:' .. 1I0Ll SOURCE PURCBASI or XItROX
~. - AUTHORIZED
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'APER PROM MIAD MIRCBANTS (GRAHAM JOMIS)
. .
Assistant County ~,nager Dorr1ll stated that this is for
authcrization to continue to allow the staff to receive proposals for
xerox paper. He noted that the way the Executive Summary was written,
it appeared that a more expensive paper was being purchase~ from tho
Xerox Corporation which is incorrect. He reported that the word
-Xerox~ as used in the Executive Summary is a generic term which refers
to the paper for the photocopier.. He stated that he routinely
receives proposals and paper is purchased on the most reasonable
proposal that is received. He noted that the County does not now
purchase paper through the State Contract, due to the fact that
deliveries cannot be guaranteed and they require at least 30 days. He
stated that he is currently buying paper through the lowest most
responsive bidder which is Mead Merchants In Fort Myers, adding that
they provide the County with immediate next day delivery. He stated
that the County is not locked in with any company at all, adding that
It ~u1d be appropriate near the end of the summer to put this item out
for annual bid.
Co..l..ioner Pi.tor aoved, .econded by Co..I..loner Goodni9ht ~nð
carried unani.ously, that the .ole source purchase of Xerox paper froK
- Mead Merchant. be authorized.
It.. 130
ORDIHAMCI ISTABLISBIMG PINE RIDGE IMDUSTRIAL PAR~ MSTU TO BE ADVERTISED
FOR JUNE 18, 1985
County Attorney Saunders stated that he needs authorization to
advertise an ordinance establishing the Pine Ridge Industrial Park
Municipal Service Taxing and ~enefit Unit on June 18, 1985.
Co..l.aioner Holland .oved, seconded by Co..ia.ioner Pistor and
carried unani.oualy, that an ordlnanc. .atabllahln9 the Pine Rldg.
Induatrial Park MSTU be adverti..d for June 18, 1985.
It.. 131
COUMTY ATTORNEY DIRECTID TO ADVERTISI AM INrORMATIONAL MEETING ON MAY
23 AT 9100 A.M. WITH PUBLIC SERVICE COMMISSION REGARDING PROCESSING or
RATE APPLICATIONS
County Attorney Saunders stated that this is for information only,
adding that he has scheduleo a maeting with the Staff of the Public
Service Commi.slon for Wednesday and Thursday, May 22 and 23, with the
Page 48
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".purpose of the meeting being to acquaint Collier C~unty staff and some
of the owners ~f the privately owned utilities with the procedures to
be followed by t.he Public StHvice Commission. He stAted that if the
Board de.ires, he could schedule a meeting with the Public Servico
Commission staff and the Commission on Thursday, May 23, at 9100 A.M.
He stated that they could answer questions that the Commission might
have as well as an explanation of h~w rate applications will be
processed.
Commissioner Voss stated that he thought it was a good idea with
the qeneral consensus that a meeting of this nature be held on May 23,
1905, at 9100 A.M.
It.. i32
COUXTY ATTORMEY AUTHORIZED TO ADVERTISE rOR JUNB 18, 1985, AN ORDINANCE
RIGARDING THE COUNTY-WIDI WATER POLLUTION CONTROL PROGRAM
County Attorney Saunders stated that the Tax C~llect~r would like
to have some type of ordinance on the books that recognizes the water
pollution control program. Ho st<lted that he would envision an
ordinance that basically recognizes that the v~ters appr.~ved the
referendum and that a County-wide water pollution control district has
been Zormed. He stated that he needs authorizatio~ to advertise such
an -:.rdinance for June 18, 1985.
Commissioner Voss questioned if anyone had any objection to such,
and with no negative response, he directed the C~unty ^ttorney to
advertise the ordinance.
Ite. 133
COUNTY ATTORNIY AUTHORIZED TO CONTINUE WITH THB SERVICES or MR. EARL
GALLOP DURING PRELIMINARY STAGES or LITT.GATION RI EAST NAPLES WATER
SYSTEM, INC.
County Attorney Saunders stated that he obtained from the Federal
Court an extension of time to respond to the complaint filed by the
East Naples Water System, Inc. until May 15, 1985. He stated that on
or before May 15, 1985, he has to file a motion t~ dismiss or some
other type of pl.~ding, adding that he has retained ~n a very temporary
basis, Earl Gallop, with the law firm of Millage' Hormley to assist
him with preparation of the motion. He stated that Mr. Gall~p has
represented the County before and he thought that he would be very
appropr late on a temporary basi s. He stated that he wo)uld like
authorization t~ continue working with Mr. Gallop during the
preliminary staqes of the litigation. He stated that he contacted the
80DK 087 W.E 120
pag e 49
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attorney. for the plainliff. and h~ has attempted to .tart thø proce.s
concerning settlement. He noted that the first effort will try to get
the matt.r resolved with~ut any significant expense.
Co..i..ion.r Pi.tor ~v.d, ..cond84 by co..l..ion.r H....
oarrieð unaniaoualy, that the County Attorney be .uthorlz.d to
to rataln Mr. G.llop to a..l.t hi. In pr.p.ratlon of pl..ðlngs
la.t Napl.. Wat.r syate., Inc. c....
Ita. 134
and
continue
In the
BUDGIT AKKMDMEMTS 85-231/232, 85-237, 15-240/241, 85-249/250, 15-256,
85-259, 85-264, 85-267, 85-271, AND 85-273/274 - ADOPTED
Co..I..ion.r Holland aov.d, ..co~ð.d by Ca..i..io~~r Ha.s. and
c.rrl.d unanl.ou.ly, that Budget Aaend.ent. 85-231/232, 85-237,
15-240/241, 15-249/250, 15-256, 85-259, 85-264, 85-267, 85-271, and
85-273/274 b. adopted.
It.. 135
BUDGIT AMEMDMIMTS 85-235/236, 85-238/239, 85-243/246, 85-252,
85-"57/258, 15-260, 85-262/263, 85-265/266, 85-268/270, 85-272, AND
85-275 - ADOPTED
Co.-Ia.loner Holland aoved, eecondeð by Coaaia.ioner pistor .nd
carrl.d unanl.oualy, that Budg.t Aaend.ent. 85-235/236, 85-238/239,
15-243/24', 85-252, 8~-257/258, 85-260, 85-262/263, 85-26~/266,
85-268/270, 85-272, end 85-275 be .dopt.d.
ne. 136
",
. _ ROUTH.I BILLS - APPROVED POR PAYI'\ZNT
purøuant t~ Resolution 81-150 the f~llowing checks were issued
thro~h Friday, May 3, 1985, in payment of routine bills:
CHECK DESCRIPTION CHECK NOS. AMOUNT
Vendor
127514 -128355
$3,032,956.79
acc payroll
12633 - 13970
$ 247,931.91
It.. 137
INTEREST ON CANCELLED IBM LEASE/PURCHASE CONTRACT - APPROVED
Fiscal Officer Gills stated that this item 1s interest on a
cancelled IBM lease/purchase contract which needs Board approval.
Co..l..loner Holl.nd .ov.d, .econd.d by Co..i.slon.r H.... and
carried unanl.oualy, that the lnt.r..t on a cancell.d IBM
Lea../,urcha.. Contract b. approv.d.
It.. 138
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COUNTY ATTOR~IY DIRECTED TO REDRAFT COUMTY ORDINANCE REGARDING REMOVAL
or IXPLOSIVI DEVICES FROM SEISM:C SURVEYS
Commis.i~ner V~ss referred t~ hi. mem~ dated April 23, 1985,
re9ardin9 .eismlc expl~sive devices, stating that he would like to see
an ordinance prepareù that says that if ~n oil company is q~ing to do
seismic inve.tigations they will have a regi.tered engineer or the
County, at the oil companies expense, certify the location of each of
the explosive charge. and have bonds posted that would be sufficient 80
that if the explosives are not removed, tho C~unty would have the money
to remove them.
C~mmission'r B()lland questioned it this would c"lItlict with any
State l~w, to which C~unty Attorney Saunders stated that Section 552.25
provides that nothing c~ntained ;~ Chapter 552 shall prohibit ~r limit
counties or cities from imposing their ~wn regulati~ns as l~ng as the
County or city requlati~ns are m~re strict than the State regulations.
He stated that the C~unty ordinance now requires that the explosive. be
located and that any unexploded explosives be rem~ved and there is a
general penalty provision if the ordinance is vi~lated. He stated that
the ordinance that is in effect c~uld be reworked t·, clarify it and put
in the language that Commission Voss has sugqasted and tighten up the
penalty section and the inspection pr~cess.
Commissioner Holland questioned if something could be done about
the companies that left these explosives in the ground, to which County
Attorney Saunders stated that there are enough ~rdinances ~n the bo~k.
at the present time that would all~w the County to take s~me civil
action against them.
Deputy Chief Barnett stated that he thinks that updating the new
ordinance is a g~od idea, adding that in this case, the company that
put the explosives in has boen very helpful in locating the explosive.
that are still there and they have also offered t~ pay all the expense.
that are incurred.
Co..i..ioner Pi.tor aoved, seconded by Co..i..ioner H.... and
carried unaniaously, that the County Attorney b. directed to redraft
tb. County Ordin.nce regarding re.ov.l of explosive device' fro.
.el..ic .urvey. to include lanquage .uqge.ted by Co..i..ioner Vo..'
.e.o dated 4/23/85, to strengthen the in.pection proce.. .nd the
p:ü=ltï ===t!'!:~6
It.. 139
DISCUSSIOH RE POSSIBLE REACTIVATIOM OF THE COLLIER COUNTY HISTORICAL
aOOK 087 W,[ 122
paqe Sl
-_.._- --
aDD,; 087 w·t 123
COMMISSION - CONTI~UtD FOR TWO WIEKS
May 7, 1985
Commi.sioner Voss indicated that he asked for this item to bo
placed on the agenda and he is now asking that this discussion be
continued for'two weeks.
lte. 14 0
RIGULAR COMMI&&IOU NEtTIMGS TO al BILD OM TBI 'IRST, SECOND AND rOURTB
TUESDAY ar IACB MOMTB AND TWO WORKSHOP MIETINGS TO BI HILD DURING iãE
MOMTB -.APPROVID. CBAMGI REGARDING COMMISSION MEETIMGS TO GO INTO
l.rlCT AT THE IMD 0. JULY. WORKSHOP TO BI SCHEDULED TO DISCUSS
COMMISSIOM WORKSHOPS - APPROVED
Commi.sioner Hasse stated that it would be advantageous to the
Commission and the residents of Collier County 1;.., roturn to r.-eekly
meetings, adding that it would give the public more of ao opportunity
to have input at the meetings and they would not be as lengthy. He
stated that he does not believe that the workshops are of any great
advantage, adding ~hat they could be held on an as-~eeded basis but not
on a regular schedule.
Commissioner Voss stated that the workBh~ps give the Commissioners
a change to discuss items prior to the meeting. He stated that if the
Commission meets every we~k for ð regular meeting, there cannot be a
workshop because Staff cannot be tied up for two days a week.
Mr. Georgo Keller, represent.ing the Collier County Civic
rederation, stated that they are not in favor of the present format.
He stated that the regular meetings drag on even with the W?rkshop.
T..pe 112
Mr. Charlotte Westman, representing the Leagua of Women V~ters,
stated that they are in favor of the workshops and the bl-weekly
meetings.
Commissioner Pistor stated that there could be three regular
meetings a month, one for simply operational type items and still have
the two regular workshops. H~ stated that two of the rcgular meetings
could be for the public hearings anà the third meeting could be
operational items of the Cou~ty.
Co..l..loner Pl.tor .oved, aeconded by co..laaloner Holland that
the Co.-ia.ion ..etings be held on the first, aecond and fourth Tueaday
of eacb aontb and that two workahop. be held durlng the aonth.
Commission~r Goodnight stated that she has received a lot from the
W?rkshop meetings and would liku to see them continue. She indicated
that without the workshop meetings, Staff W?uld be tied up a lot longer
with questions coming from five commissioners instead of covering the
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issue at ~ne time in a workshop sessi~n. ~he stated that she would
like to leave tÞe schedule ~f the meetings just as they are n~w.
Upon call for the que.tion, tho ~tion carried 3/2, (Co..i..ioner
Vo.. and Goodnight oppo.ed).
County Manager Lusk stated that that he feels that there needs t~
~e . ~rk.h~p t~ d1:cu:: worksh?? m~~tin~R.
Co..i..ioner 'l.t~r aoved, .econded by Co..i..loner Vo.. and
carried unani.ously that the change regarding Co.-is.ion .eeting. go
into effect at the end of July and a workshop be .cheduled to discus.
Co..l..lon .eetings.
n..,41
DISCUSSIOM or RIQUEST 'ROM CITRUS COUNTY BOARD or COMMISSIONERS
RIOARDINO ·USIR rlls- TO PAY rOR 911 SYSTIM - WITHDRAWN
Commissioner Voss stated that this item is b~ing withdrawn because
there will be a slido presentati~n fr~m the teleph~ne company regarding
this ma tter.
ne. 142
TRIAD aOVIRMMIMTAL SYSTEM, INC. ELECTAB TABULATION IQUIPMINT TO
TABULATE VOTIS rOR THE JUNE 25, 1985, SPECIAL ILECTION ON MARCO ISLAND
- APPROVED
Commissioner Voss stated that this equipment does not cost the
County any m~ney and is an approved system by the State ~f Florida.
Co..i.sloner Holland .oved, aecon~ed by Co..lsaloner pistor and
carried unani.oualy, that the Triad Gov~rnmontal Sy.te., Inc. ILICtab
tabulation equipment, be approved for use to tabulate votes for the
June 25, 1985, apecial election on Marco Island.
Ite. . U
COMTIMUATIOM OF THE HEALTH 'ITWESS PROGRAM IN THI SHIRIFr'S OlFICI FOR
THI REMAINDIR OF FIGCAL YEAR 1984-85 - APPROVED
Co..i..loner Pl.tor aoved, seconded by Com.i..ioner Goodnight and
carried unanl.ou.ly, that the continuation of the Health fltne..
Progr.. in the Sheriff'. Office for the re.ainder of Fl.cal Y.ar
1984-85 be approved.
*****
Co..i..ioner Pi.tor moved, seconded by Co.-i..ioner
Holland and carried unani.ou.ly, that the consent
Aoanda be adopted and/or approved with the exception
tbat It.. 16C3 be changed fro. $5,000 to $2,000 due to
a typographical error and that Ite. 1612 be deleted.
*****
&DOK 087 P1!;f 124
Page S3
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Ite. 144
FlMAL 'LAT or WOODLAKE TO BE RECORDED, ACCIPTAHCE or 110\ CONSTRUCTION
SECURITY AND AUTHORIZATION TO EX!CUTI ROADWAY CONSTRUCTION AGREEMENT
See Pagu 1.35- /.37
May 7, 1985
tt... 445
PETITION TR-84-9C, ELOISE CooPIR, REQUESTING FIRST 3 MONTH TEMPORARY
RISIDENCE PERMIT EXTENSION ON TRACT 48, UNIT 194, GOLDEN GAT! ESTATES
It.. 146
'ETITION TR-85-14C, PATRICIA ANN DANCER, REQUESTING ~ ~ONTHS TEMPORARY
RESIDENCE PIRMIT ON S230' OF TRACT 39, UNIT 7, GOLDr.~~ATE ESTATES
It.. '47
'ETITION TR-84-l3C, FRAMCIS AMD JEAH MUSICK, REQUESTING SICOND AND
rINAL 3 MONTH EX~INSION or A TEMPORARY RESIDENCE PERMIT ON TRACT 116,
UNIT 87, GOLDEN GATE ES~ATES
It.. 148
PETITIO. TR-85-16C, LAWRLMCE O. tEAGUI, REQUESTING A 6 MONTH TEMPORARY
RISIDENCI PERMIT ON THE W7S' or TRACT 54, UNIT 97, GOLDEN GATE ESTATES
It.. 149
PETITION TR-84-30C, AMOS JOHNSON, REQUESTING A FIRST 3 MONTH TEMPORARY
RISIDENCI 'IRMIT EXTENSION ON TRACT 82, UNIT 13, GOLDE~ GATE ESTATES
Ite. 150
.- PRILIMlMARY ACCEPTANCE or RIVIERA GOLl ESTATES, UNIT ONE, PHASE 1, 2
AHD 3 TOGETHER WITH ACCIPTANCE OF 10' MAINTENANCE SICURITY AND SIDEWALK
COMPLETION BOND
lte. 151
'RILIMINARY ACCEPTANCE or PORT-OF-T8E-ISLANDS, PHASE ONI WIT8 CONDITION
TBAT ACCEPTANCE IS NOT EFFICTIVE UNTIL COUNTY UTILITY DIVISION IS IN
RECEIPT OF ~PPROVED DOCUMENTS
Ite. 152
MODIFICATION 0' EXCAVATION PERMIT NO. 59.181 - LELY ESTATES, INC. -
BIC. 20, T50S, R261, TRACTS A , B OF LILY GOLl ESTATES, A/K/A LELY
ROYAL PALM COUNTRY CLUB - SUBJECT TO STIPULATIONS
1. The depth of oach excavation shall be limited to -3.0 ft.
ngvd wherever the excavation side slopes will allow such
depth.
2. Off-site discharge of ground~ater during construction shall
be only through approved discharge structures after water
quality treatment approved by the County Engineer.
Page S4
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May 7, 1985
3. All excavated material shall be dispossd of within the
plAtted boundaries of Laly Golf Estates.
It.. '53
ACQUISITION OF UTILITY BASEMENTS ON NORTH SIDS or PIME RIDGE ROAD
BETWIIM SHIRLEY ST. AMD YAHL ST. - RICORDING AUTHORIZED AS RECEIVED
Ite. 154
30 rOOT DRAINAGI IASEMINT FROM LELY ESTATES, INC. SEC. 18, T50S, R26!
See Pages /..39- / ¥/
Ite. 155
BID '799 FOR INSTALLATION OF 4- WATIR DISTRIBUTION LINB, GOLDEN GATI
'ARKNAY MIDIAM, PHASI I - AWARDED TO SEABOARD PROBE, INC. IN THE AMOUNT
or $26,745.00
Legal notice having been published in the Naples Daily News on
March 25 and 28, 1985, as evidenced by Affidavits of publication filed
with the Clerk, bids were received for the installation of a 4" water
distribution line for Golejen G"te P3rkway Mlildian, Phase I, unitl 2130
P.M., April 17, 1985.
Ite. . 56
AUTHORIZATION TO CRIATE A BUDGET AMEMDKINT EXPENDITURE BUDGET LINE ITEM
rOR MARCO ISLAND ROAD IMPROVEMENTS IN ACCORDANCE WITH THE BCC-DELTONA
AGREEMENT or 8/28/84 IN THE AMOUNT or $148,000
It.. '57
BID 1802, ROADWAY IMPROVEMIHTS WITHIN THE GOL~EM GATE UNIT 2, BLOCK 74,
ALLEY 'AV1NG ASSISSMENT DISTRICT - AWARDED TO BRISSON ENTERPRISES, INC.
1M THE AMOUNT or $41,418.80
Legal noticA hbving been published in the Naples Daily News ~n
April 1, 1985, as evidenced by Affidavit of PUblication filed with the
Clerk, bids were r.ceived for roadway improvements within tho Golden
Gate Unit 2, 8lock 74, Alley Paving Assessment District until 2130 P.M.
April 24, 1985.
&DOK 087 PAr,r 126
pag e 55
-,---..
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I~:~ pa7 P~~r 127
May 7, 1985
151 EASIMEWT GRANTED TO rPL AT THE GOLDEN GATI PAR~
So.. P"g" / 'f~'" / ~.3
It.. 159
QOIT CLAIM DUD FROM THE SSTAn 01' DOROTHY B. I'LYW 1'011. TIDAL SUBMERSED
LAMDS UNDIR WATER LYING BENEATH NEW PASS NORTH or MARCO ISLAND
See Page 110' -¡,/S
Ite. 16 0
ADDITION 01' ONE FULL-TIME ~NGIMIER I IN 1'81 ENGINEERING DEPARTMENT TO
PROVIDE roll. INSPECTION OF CONSTRUCTION OF rIVE COMMUNITY PAR~S AND
rUWDING 01' THE POSITION FROM THE COMMUNITY PAR~S CONSTRUCTION FUND
It.. 161
LEASI RENEWAL AGREEMKMT FOR THE EAST NAPLES LIBRARY BRAHCH WITH SHAMOR
DEVELOPMENT CORPORATION
See Pages / J/.t - /59
It.. 162
saORT TERM LIASI AGREEMENT WITH CORVETTES OF NAP LIS, INC. AT IMMOKALEI
AIRPORT rROM JUN~ 7 TO JUNE 11, 19~5
Sa ti pag es I to .. /~.;I.
,-It.. 163
CASH LOAM 01' $38,000 TO 1'81 OCHOPEE FIRE DISTRICT TO BI REPAID WHIN
rEDERAL PAYMENTS-IN-LIEU-Or-TA~ES kEVENUES ARE RECE~VED
Ito. 164
~CEALED PISTOL PERMIT 185-4 rOR GEORGE W. SNIDER
Ite. 165
POLICY ALLOWING STAFF TO APPROVE CHANGE ORDERS NOT TO EXCEED $2,000 roll.
THE CONSTRUCTION or THE COMMUNITY PARKS
Ite. 166
MARCO ISLAND EMS SUBSTATION TO DONATE SURPLUS WALL UNIT AIR CONDITIONIR
TO MARCO ISLAND FIRE DEPARTMENT
Equipnent Serial Number ADJ440033, C.,unty Asset Number 83388
~
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Page 56
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May 7, 19B5
It.. 1&7
AGRKI"EKT WITB STILlS CORP. REGAnDING IMTIRIM OM-SITI SEWAGE TRIATM£MT
FACILITIIS TO 81 COHSTRUCTED TO SIRYI A GENIRAL OFFICI 'ROJICT,
CCMMICTIOM TO COUNTY'S OFF-SITI SEHIR FACILITIES, WHIM AVAILABLE, AND
PADID'I' OF ALL AP'LICABLI SOlft BYSTI.K DIVELOI'ttIHT CHARGIS rOR
BUILDINGS CONSTRUQTION WITHIN PROJECT - SUBJECT TO STIPULATION
1. The o~r..ment document is f¢und to be legally sufficient
by the C¢unty Attorney f¢r acceptance by the Board.
Su Pagu / ~.3 - /Cø'/-
Ite. 168
NEWLY CONSTRUCTID WATER AND SIWIR FACILITIES ACC!PTED FOR noN CARLOS
CONDOMINIUM AT KINGS LA~E - SUBJECT TO ~TIPUtATION
1. That all legal documents arc found t¢ be legally sufficient
by the County Attorney.
See Pages /C,b--/71
Ite. 1&9
AGREEMENT rOR REIMBURSEMENT TO ELBA DEV!LO~.lNT CORP., THE DEVELOPER OF
WOOCHIRI RACo.UET CLUB F~R 'COUNTY REQUESTED WATER MAIN OVERSIZING -
PURSUANT TO STIPUrATIONS .
1. The Developer must provide detailed material invoices and/or
materials quotations to justify the differential pipe material
cost between 8M and l2M water pipe.
2. The Developer's Engineer shall provide certification on the
quantity of pipe mater.al, lineal feet, utiliz~d to construct
the water main in question.
See Pages /7.J... -J 7.:f
Ite. '70
REMEWAL OF YOUTH HAVEN ASSESS"ENT SHORT TERM NOTE WITH BARNETT BANK OF
NAPLES ~N AMOUNT OF $40,000 FOR A ON! YEAR PERIOD
See Pages
175
It.. 171
RISK MAMAGIMEMT DIRECTOR TO ATTEND THE ANNUAL PUBLIC RISK AND INSURANCB
~AGEMBNT CONFERENCE PROM JUNE 9-12, 1985, IN SAN DIEGO, CALIFORNIA
It.. 172
"OKTB-TO-MOMTB LEASE AGRIE"EMT WITH OVERSEAS DEVELOPMENT CORP. FOR TBI
SOUSING OP 'UBLIC SIRVICES ADMINISTRATIVE OFFICES AND COMPENSATION OF
$340 TO HEERY CORP. FOR USE OF THE OFFICE FOR MONTH OF PŒBRUARY, 1985
Su Pages /7C -If''?
&ODK 087 r.\~,t 128
Pago 57
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It.. 173
1
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MIIY 7, 1985
PISCAL OFFICER TO PROCEED WITH PAYMENT TO SATISFY OUTSTANDING ACCOUHT
FOR OFPICB PUUITUU AJfD DESIGN POR PUlUfISHIUGS TO THE BCC SUITE . "
It.. 174
BUDGET APPROVAL FOR 1'U1ITD 518, WORURS' COMPENSATION SELF-INSURANCE l'UJID
AS SUBMI'M'BD BY RIS~ HARAGEHBNT DIRECTOR
It.. 175
CONTRACT WITH ORAL HEALTH SERVICES FOR VOLUNTARY DENTAL COVERAGE FOR
ALL EMPLOYEES THRU PAYROLL DEDUCTlúNS
See Pages -
Notel Not received in Clerk of Board Office as of 5/17/85.
He. '76
SECURITY GLASS PURCHASE IN E1:CESS 01" $2.000 WITHOUT SEALED BID FOR NEW
JAIL FROM SIERRACIN/TRANS TECH, CALI'. - AMOUNT AUTHORIZED ~4,l68.61
It.. '77
CHAHGE ORDER FOR BID '770 IN THE INCREASED AMOUNT OF $2300 FOR
WATERPLANT LANDSCAPING. POLICY R!-ESTABLISHED AUTHORIZING DIVISION
ADMINISTRATORS TO Y.F'ZCT CHANGB ORDERS TO CONTRACTS NOT TO EXCEED 10'
OF AWARDED AMOUNTS
See Pages -
Notel Not received in C1~rk of Bearo Office as of 5/17/85.
, .
Ite. 178
AUTHORIZATION FOR THE PURCHASE OF IBM WOR!( STATION EQUIPMENT IN THE
AMOUNT OF $6,027 FOR THE PURCHASING DEPAR~
Ite. 179
LEGAL ADVERTISEMENTS WITH HATIONWIDE ADVERTIS!NG SERVICE IN THE AHOUHT
OF $3,340.62 FOR A PLABRING AND ZONING DIRECTOR
It.. '80
EMERGENCY PURC:~E OF RIPRAP MADE ON 4/25/85. FROM QUIC~ITE-SOUTH,
INC. IN AMOUNT OF $1.040.60 FOR UNDERMINED BRIDGE ON C.R. 846 AND
EUCLID AVE.
Ite. .81
CERTIFICATES FOR CORRECTION TO THE TAX ROLLS AS PRESENTED BY THE
PROPERTY APPRAISER'S OFFICE
1977 TAX ROLL
439 (Delete)
2/21/85
Page 58
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May 7. 1985
1983 TAX ROLL
368 - 369
372
2/l9/B5
4/10/85
1984 T1\X ROLL
164 - l66
195 - 199
2/15/85 - 2/19/85
4/02/85 - 4/22/85
1984 TANGIBLE PERSONAL PROPERTi
1984-l28/l984-l35
4/08/85 - 4/25/85
Ite. '82
EXTRA OAIN TIME FOR IMMATE R03. 24656, 21086, ABD 23431
It.. f83
MISCELLANEOUS CORRBSPOIrDDCE - PILED ABD/OR REFE!!!!L
There being no objection, the Chair directed that the following
correspondence be filed and/or referred to the various departments as
indicated belowl
1. Letter dated 4/9/05. from Nillil'lm K. Clark. Exec. Dir., ~rea
~gcncy on Aging c: South Central Florida enclosing a copy of the
"Fi.r8~-Sellli"""nnual Monitoring visit for Aging Programs of Collier
County for period of 1/1-12/3l/8S. XCI Mrs. ßr~ngaccio. Filed.
2. Letter dated 4/5/85, from William K. Clark. Exec. Dir., Area
Agency on Aging of South Central. Florida encl~sing a copy of the
Second Semi-Annual Monitoring visit for Aging Programs of Collier
County for period of 7/1/84-6/30/85. XCI Mrs. Brangaccio.
Fihd.
3. Notice of Appearðnce in Civil ~ction received 4/8/85. between
Cit~zens Federal Savings & Loan Assn. and Carlos and Maria Theresa
Sanchez, Case No. 84-2036-CA-Ol. XCI r~r. Saunders. Filed.
4. Copy of letter dated 4/15/85, from Fiscal Officer Giles to Dennis
H. Durick. Area Audit Supervisor, U.S. Dept. of Housing & Urban
Development, re 1984 Single Audit of Federal Aid Programs,
enclosing 15 copies of the 1904 Comprehensive Annual Report of
Collier County, plus listing of Federal Grantor Agencies and
Responses to Audit Comments. Filed.
5. Copy of letter dated 4/10/85. from George R. Beringer, U. S. Dept.
of tlle ArrlY, re Rðply Letter for Civilian Inquiries for Frank J.
Cooper, 230-28-52lS. XCI Ms. Butts and Mrs. Brangaccio. FlIed.
6. Copy of Notice of Hearing received 4/8/85, from Dept. of Community
Affalrs r. Highway Safety Programs. Rule No. 9B-32, to h£ held
4/22/85 in Tallahassee, plus copy of Rules of Dept. of Community
Affairs, Chapter 9B-32, Highway Safety Program. XCI Ms.
Williamson. Filed.
Page 59
'DnK 087 ,,~.;! 130
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Q87~. ',\ 13" May 7, 1985
. êo'p? ~ letter dateð 4/12/85, fro. Paul D. Sheffield, Correctional
Internal Inspector II. Florida Dept. of Corrections, to Sheriff
Rogers re Inspection Report ~ated 4/9/85, Collier County Stockade.
F1 led.
8. The following letters w~re rÐceiveð from Douglas L. Fry, Environ.
Sup'v., DER, enclosing short for. applications. XCI Mrs.
Mullin.. Fileð.
4/4/R'\
4/4/85
4/16/85
4/16/85
4/17/85
4/23/85
F!!~ ~~=. lllCl~~C~, 1110l;~25, anå 111Ü!~ï~~.
File No.. 3~1019535, 36l0l9S55, 361019565,
361019565, and 361020845).
File No. 111025525).
File No. 111027185).
FUe No. lll028215}.
File No. 11l0296l5).
9. Letter dated 4/10/85 from Elton J. Gissond~nner, Exec. Dir., DNR,
re DNR rule for Florida'e Aquatic Preeervee, plus copy of Rule No.
l6Q-20. XCI Mrs. Brangacoio. Filed.
10. Copy of letter dated 4/16/85, from Deborah E. FlacK, Dir., Div, of
Beaches and Shores, DNR, to Stanley Hole ra Approval of Ti~e
ExtHnsion, Permit File No. CO-63 Ml. XCI Mrs. Mullins. Filed.
11. Copy of letter dated 4/8/85, from Carlos R. Carrero, Engineer,
Bur. of Coastal Engineering and Regulation, DNR, to Candido
Quintana re Administrative Approval of Permit No. A CO-103, KleIst
Enterpriscs, Inc., plus copy of Final Order re same. xc: ~rs.
Mullins. Filed.
12. Copy of letter dated 4/8/05, from Carlos R. Carrero, Engineer,
Bur. of Coastal Engineering and Regulation, DNR, to Jim Davis, re
Administrative Modification fo~ Permit No. A CO-93 Ml, Marco Beach
Hotel, Inc., plus copy of Final Order ra same. XCI Mrs. Mullins.
Filed.
13. Letter dated 4/5/85, from Don~1rl E. Hend~r.on, Dist. Planning
En~ineer, D.O.T., re JPA-I.mokalee Airport Master Plan, ~nclosing
executed copy of the Joint Participation Agreemp.nt between FL
D.O.T. and Collier County. XCI Mr. KucK and Mr. Archibald.
Filed.
14. Letter dat~d 4/15/85, from Joanne M. Stumpf, Le~sing Coordinator,
Federal Signal Credit Corp., ro the Ochopee Fire Control
District's LeBse/Purchase of an Emergency On\1! l-'.odcl Prc>tector II,
plus copy of Lease-Purchðse Agreement. xc: Mrs. Magri, Mrs.
Brangðccio and Ms. Puckett. Filed.
15. Copy of memorandums dated 3/2l/85 and 4/11/85, from Fiscal Officer
Gil~s to E~S Director Greenfield enclosing copies of E.M.S.
Financial Statements for period ended 1/11/85 ~nd 2/28/65. Filed.
l6. Copy of memorandums dat~d 3/26/85 and 4/9/85, from Fiscal Officer
Giles to Solid Waste Director Fahey enclosing copies of Solid
\~aste Disposal Financial Statements for period ended l/3l/85 and
2/:10/85. Filed.
Page 60
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Mðy 7, 1985
17. copy of meeorandue. dated 3/26/R5 and 4/1l/85, from Fiscal Officer
Gila. to COunty Manager tusK enclosing copies of Flp.et
Managem.nt/Motor Pool Financial Statements for period ended
1/31/85 and 2/28/85. Piled.
lB. COpy of lIIellorandulII dated 4/l0/B5, from Fiscal Officer GUAII t.(\
üLlliti.. Admlnl.trator Crandall enclosing copies of Utility Fund.
Financial 3tatelllent. for period ended 1/31/85. Filed.
19. Lettpr dated 4/4/85, from Thomas J. Anner, Claim Dept., G~n.ral
Casualty Co., re an accident involving George M. Rauch, Claim No.
093-85, on 3/1/85. XCI Ms. Puckett. Filed.
20.
Letter dated 4/22/85. from
prog. Mgr., HRS, enclosing
Program monitoring report.
Mrs. Skinner. Fil~d.
Helen K. Fallert, Senior Human Service.
. COlllmunl~y Care fo~ Di.~b!.d Adults
XCI Mrs. Brangaccio, Mr. Norton and
21. Copy of letter dated 4/l2/85, ra Sewage Treðtment Plant located
near Mulberry Court on Marco Island, signed by resident. of the
area. XCI Mr. COrrill and Mr. Crandall. Filed.
22. COpies of minute.. Piled.
A. City of ~~ples, 3/20/85.
B. City of Naples, 4/3/85.
C. CAPC and CCPA, 4(4/85, plus copy of 4/18/85 agenda.
D. Library Advisory Board, 3/28/85.
E. Ocho~e Fire Control Dist. Arlvisory Board, 4/3/85.
F. . Parks and Recreation Advisory Board, 4/18/85.
23. Letter daled 4/1/85, from B. J. Givens, Chief. Bur. of Local
Government Finance, Office of Comptroller, ar.knowledqing receipt
of 1984 Annual Financial Report of Units of Local Government and
the Audit Report for FY ended 9/30/84. XCI Mr. Reagan an~ Mr.
Gi le.. Filed.
24. Letter dated 4/4/85, from Wayne E. Daltry, Exec. Dir., SWFRPC, re
draft of Golden Gate Estate~ Master Plan. XCI Mr. Lusk, Mrs.
Brangaccio, and Mrs. Mullins. Filed.
25. Letter dated 4/15/85, from Wayne E. Daltry, Exec. Dir., SWFRPC, re
"Pin'!! Air IAkee" application for Development Approval, DR1
'9-8384-49. XCI Mrs. Brangllccio. Filed.
26. Copy of memorandum dated 4/2/85, from Jðmes F. Hudlon, Chief
Fiacal Officer, State Board of Administration of Florida, re
January-March 1985 Investment Activity. XCI Mr. Gilea. Filed.
27. Letter dated 4/4/85, from Nellie P. Pur~iewie~ requesting that
futuro corrc::pondcnce reletivl/O to thll !>\Jnllllt f.st1l.tftS Ar"" ~o"ð
Pavin~ Assessment District to be mailed to her attorney Fred R.
Sta~ton. XCI Mr. Kuck and Mra. Magri. Filed.
28, Copy of letter 4/10/85, from Captðin Cattalini, U.S. Coaat Guard
to Tom Kuc~, County Engineer, re a proposed footbridge across
Outer Clam B~y. XCI Mr. Saunders. Filed.
Page 61
&DO~ 087 P~r.r 132
-.-,..---- -.--. .- -..~ -.--.....-. ,-....,...-. .~..,,.---'
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'DDC 087 f'1<:! 133
29. Copy of letter dated 4/18/95, from L.R. Ham~ond, LTJG, U.S. Coast
Guard, to George C. Moore re Coast Gu~rd approval granted to the
Individual Sponsors for the Pony Express Goodland-MarcO Race to be
held 5/5/85, plus copy of area map, application for approval of
~arin. event and copy of Ordinance No. 79-8. XCI Mr. Kuc~ and
Mr. Griscom. Filed.
May 7, 1985
30. Copy of memorandum dated 1/la/85, from Harry I. Sharrott, Manager,
US. Dept. of Housing and Urban Development, re Bonding Assistance
for ~inority business .n~erprises (MeE's). XCI Ma. Williamson.
'iled.
31. Copy of Hotion for an Extonsion of Time to File Responsive
Pleadings received 4/24/85, re ease No. 85-07a7-C¡V-NE~21TT.
(E. Naples Water System) XCI Mr. Saunders. Filed.
32. Letter dated 4/22/85, from Mrs. Lauretz Henningsen re weed
abatement on her property. XCI Mr. Woodcock. Filed.
33. Copy of letter dated 4/22/85, from George B. Martin to Kilburn's
Tractor Service re Golden Gnte, Unit 3, Block 86, Lots 9 and 10 re
cutting weftds and cleaning the lots. XCI Mr. Woodcock. Filed.
*
*
*
There being no further business for the Good of the County, the
meeting was adjourned by Order of the Chair - Timel 4:30 P.M.
BOARD OF COUNTY COMMISSIONERS/
BOARD OF ZONING APPEALS/EX-
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS
CONTROL
FRF.DOi~oss, CHAI RMAN
ATTEST I
WILLIAM J. REAGAN, CLERK
Thes. minutes approved by the BCC on
Tuesday, June 4, 1985
as presented
x
or as corrected
Page 62
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