BCC Minutes 10/28/1980 R
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Naples, Florida, October 28, 1980
LET IT BE REMEMBERED, that the Board of County Conmissioners
in and for the County of Collier, and also acting as the Governing
Board(s) of such special districts as have been created according
to law and having conducted business herein, met on this date at
9:00 A.M. in Regular Session in Building "F" of the Courthouse
Complex with the following members present:
VICE-CHAIRMAN:
Thumas P. Mcher
,John A. PIstol'
C.R. "Russ" Wimer
Da'licl C. Cr.own
ABSENT:
Clifford Wenzel, Chairman
ALSO PRESENT: William J. Reagan, Clerk; Harold l. Hall; Chief
Deputy Clerk/Fiscal Cfficer; Edna Brenneman and Darlene Davidson
(10:15 A.M.), Deputy Clerks; Donald A. Pickworth, County Attorney;
C. William Norman, County Manager; Irvirlg BerzoQ, Utilities Division
Director; Clifford Barksdale, Public Works Administrator/Engineer;
Terry Virta, Ccrrmunity Development Administrator; Thomas Hafner,
Public Safety Administrator; Jeffory Perry, Zoning Director; Danny
Crew, Planning Director; Richard Henderlong, Planner; Lee Layne,
Planner; and, Deputy Chief Raymond Barnett, Sheriff's Department.
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October 2n, 1980
AGENDA - APPROVED WITII ADDITIONS/DELETIONS
Conlnissioner Pistor moved, seconded by Conmissioncr Brown and
carried 4/0 with C0l1111issioner Wenzel not prcsent, that the agenda
be approved with the following Additions/Deletions:
1. PQtitlon A-80-3C, George Varnadoe, represcnting V.B.C.,
Inc., appealing Zoning Director's administrative decision
re parking plilns for Hilmpton 1I0use West and East develop-
ments - Continued until November 4, 1980.
2. Resolution appointing Earle Davis as Regular Member of
Charter Conn1ission - Added to [JoJrd of County Ccmmis-
sioners' Report.
3. Execution of Lake Trafford Memorial Gardens Cemetery Deed -
Added to Miscellaneous Correspondence.
4. Authorization to hire Assistant County Attorney, pursuant
to recolllncndations by County Attorney - ,'dded to County
Attorney's Report.
5. Approval of Minutes of meetings of October 7 and 14, 1980 -
Deleted.
MINUTES OF SEPTEMBER 30, 1980 - APPROVED
Commissioner Pistol' moved, seconded by Corrmissioner Brown and
carried 4/0 with Corrmissioner Wenzel not present, that the minutes of
the meeting of September 30, 1980 be approved as presentee.
ORDINANCE 80-l02 RE PETITION CP-80-13C, JOSEPH GUIDISH, REQUESTING
COMPREHENSIVE PLAN AMENDMENT FOR PROPERTY LOCATED EAST OF SR 951
AND THE SOUTH SIDE OF U.S. 41 - ADOPTED
legal notice having been published in the Naples Daily News on
September 26, 1980 as evidenced by Affidavit of Publication filed
with the Clerk, public hearing was opened to consider Petition CP-80-13C,
filed by Joseph Guidish, requesting a Comprehensive Plan Amendment
from Residential 0-6.22 Units per acre to Corrmercial Land Use for pro-
perty located east of State Road 951 and on the south side of U.S. 41.
~1~;,~~; p.~:~~;~ ~~~~~:1~r.~ 1~~at~d the subje~t p~:~e1 af 1a~d 0~
the map displayed and explained that a change in land use is being
requested in order to maximize the land pre~iously granted by the Boarq
for travel trailer and recreational vehicle use. He said that contin-
ued expansion of the travel trailer park by the petitioner requires
October 28, 1980
BOOK 056 PACE 230
COl1vnercial Land Use designation by the Comprehensive Plan and grantinlJ
the request will bring the ex1sting land use Into conform1ty w1th the
Comprehensive Plan. The CCPA fOnlarded the pet1tion to the Board with
a recolllllcndation of approval on a unanimous vote and the staff recorrmends
approval so that the Comprehensive Land Use Plan will be consistent with
the existing land use and thc proposed development complction of the
travel trailers and/or recrcational vehicles.
Mr. Henderlong'responded in the affirmative to Corrmissioner Wimer's
query as to whethcr or not thc provisional use granted to thc pctitioner
by the Board, and under which the petitioncr is operating, was granted
prior to the adoption of the Comprehensive Plan.
Upon County Manager Norman's advi cc that thcrc ~Iere no persons
registered to speak, Commissioner Brown moved, :;econded by Conmissioner
Pistol' and carried 4/0 with COllmissioner Wenzel not present, that the
public hearing be closed.
Conmissioner Pistor moved, seconded by Cor,TTlissioner Brown and
carried 4/0 with Cormlissioner Wenzel absent, that the ordinance pcrti:lin-
ing to Petition CP-80-l3C, as numbered and entitled bclow, be adopted
and entered into Ordinance Book No. 12.
OnOIN^NCE 00 - 102
AN OnDIN^NCC AMENDING OnDINANCE 79-32, TilE
COMPHElIEN~IVE PI,AN FOR COLLIEn COUNTY, FLOHIOA
DY MlENDING TilE LAND LISE ELCl1ENT HOnK STUDY . .
M}l[' ~I\ FROM HES TDENTIAL 0-6.22 UNITS PEn AcnE.
T~~ Cd.1-1MEHCIAL LAND USE ON TilE FOLLOI-lING DES:'
CIHDED, PROPERTY: PROPERTY LOCATED EAST OF
SR 951 ON SOUTII SIDE OF US 41; AND DY PRO- ,
VI DING AN EFFECTIVE DATE
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ORDINANCE 80-103 RE PETITiON CP-80-l4C, COUNTY PLANNING DEPARTMENT,
REQUESTING COMPREHENSIVE PLAN AMENDMENT FOR PROPERTY LOCATED IN
BLOCK "C" AND PART OF BLOCK liB", PALM RIVER ESTATES UNIT 4 - ADOPTED
Legal notice having been published in the Naples Daily News on ,~
September 26, 1980 as evidenced by Affidavit of Publication filed w1th
the Clerk, pUblic hearing was opened to consider Petition CP-80-14C,
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October 20, 1900
filed by the County Planning Department, requesting a Comprehensive
Plan Amendment from Medium Density Residential to Medium-High Density
Residentl,l1 Land Use on Block "C" and part of Block "B", Palm River
Estates Unit 4.
To orient the Ooard with the physical location of the property,
Planner Richard lIenderlong said that it is 51.11 acres of iar,d north
of Piper Ooulevard, south of Palm View Drive, east of Crown Drive,
and west of Cypress Way, in Palm River. Mr. lIenderlong explained that
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Medium Density Residential Land Use was recommended by the Planning
staff for this property prior to the Comprehensive Plan adoption. The
Medium Density category was adopted, he continued, and the property sub-
sequently zoned "RM-l"; however, the Group Housing overlay which ac-
companies the "RM-l" District provides it density greater than that set
forth in the Land Use Plan and, therefore, the Plan was adopted for the
prooerty without proper consideration of the 3pp~oved Group Housing
Development Plan. The CCPA, as w~ll as the staff, recommends approval
of the petition, said Mr. Henderlong, because of the property's compat-
ibility with existing surrounding multi-family residential uses and
sufficient urban support facilities to accommodate the maximum densi~y
(8.9 units per acre) controlled by the Group Housing Development Plan.
Comnissioner Pistol' inquired if there is any signed assurance that
the density will not go above the 0.9 units per acre with Mr. Henderlong
stating that the ~eveloper is contained under the Officially approved
'972 Group Housing Development Plan which is more restrictive and, there-
fore, would take precedence.
No persons being registered to address the petition, Commissioner
Brown moved, seconded by Corrmissioner Pistol' and carried 4/0 with Com-
missioner Wenzel not present, that the public hearing be closed.
Commlssioner Pistol' moved, seconded by Commissioner Brown and
carried 4/0 with Commissioner Wenzel not present, that the ordinance
pertaining to Petition CP-80-14C, as numbered and entitled below, be
adopted and entered into Ordinance Book No. 12.
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October 28, 1900
BOOX 056 PACF232
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ORDINJ\NCE 00 - 103
1\N onDINl\NCl:. M1f.NDING OrmINJ\NCB 79-32, TilE
COMPHElIENS IVE PLl\N FOR COLI,n:n COUNTY,
}'LOIUDl\ BY 1\NENDING TIlE Ll\ND USE r::LE~IENT WORK
STUDY ~ll\P n 1 Fnml nESIDENTI1\L [mDlUM DENS;ITY
TO nES I DENTI 1\T, ~1ED I UM-IlIGIl DENS ITY L1\ND US E
ON TilE FOLLO\-HNG DESCRIOED pnOPEnTY: p}\nT:
OF OLOCK ," n" 1\ND 1\LL OF nLOCK "e", P1\LM nlVEn
ESTATES UNIT 4; 1\ND BY PROVIDING 1\N EFFEeT~VE
DATE ;J
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PETITION A-80-3C, GEDRGE VARNADOE REPRESENTING V.B.C. INCORPORATED,
APPEALING THE ZONING DIRECTOR'S ADMINISTRATIVE DECISION NOT TO APPROVE
THE PARKING PLANS FOR IW1PTON HOUSE WEST AND EAST DEVELOPMENTS - CON-
TINUED UNTIL ll/4/80
Legal notice having been published in the Naples Daily News on
October 12, 1980 a5 evidenced by Affidavit of Publication filed with the
Clerk, public head,,] \o/as opened to consider Petition A-80-3C, filed by
George Varnadoe representing V.B.C. IncorporJted, appealing the Zoning
Director's administrative decisfbn not to approve the parking plans for
the Hampton House West and Hampton House East developments, to be con-
structed on Gulf Shore Drive in Vanderbilt Beach.
Vice-Chairman Archer read the letter dated October 24, 1980 from
Attorney Varnadoe wherein it is re~uested that the petition be continued
until November 4, 1980 due tJ the reasons set forth therein.
Commissioner Pistor moved, seconded by Commissioner Brown and
carried 4/0 with Commissioner Wenzel not present, that the above-refer-
enced request be granted and that the subject petition be continued
until the Board meeting of November 4, 1980.
RESOLUTION 80-230 RE PETITION V-80-l5C, EDWIN GAGE, REQUESTING VARIANCE
TO CONSTRUCT DUPLEX ON LDTS 12 AND l4, BLDCK B, DECKER HIGHLANDS (CON-
TINUED FROM 10/14/80) - ADOP~ED
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leg~l notice having been published in the Naples Daily News on
September 28, 1980 as evidenced by Affidavit of Publication previoUSly
October 23, 1930
'fllr.d with the Clerk. public hearing was continued from October 14,
1980 with regard to Petition V-BO-15C, filed by Edwin GaDc, rcquestlng
a variance to construct a duplex on an 11,550 square foot lot instead of
the required 13,000 square feet of land area, as required in the "RM-1A"
Zoning District, for property located on Lots 13 and 14, Block B, Decker
Highlands.
Referrinq to the Executive Summary dated October 16, 1980, Zoning
Director Jeffory Perry detailed the information presented for Board con-
sideration, as well as the standards used in making a determination with
re~ard to the petition. He said that it is the staff recorrvnendation
that the petition be denied based upon the criteria found within the
Zonin~ O,dinance; however, he said that the staff recognizes that miti-
gating factors do exist that the Board may wish to consider in weighing
their d(>cision.
County Attorney Pickwurth r2quested clal'ification of the above-
referenced mitigating circumstances with Mr. Perry explaining that there
are two non-conforming lots involved, totaling 100 feet wide and 115.5
feet deep, which are double frontage through lots with no rear lot area
due to the right-of-way taken off the back of the lots due to the double
road frontaoe involved. There was a brief discussion with regard to the
existing duplexes in the area with Mr. Perry further explaining tliat
these were built pursuant to previous regulations allowing for the con-
struction of uUDlexes on smaller lots. Responding to Commissioner Wimer,
Mr. Per~y sdid that the Detitioner could buil~ single-family homes on
each of the two lots and, therefore, the request will not increase the
density on the land.
Mr. Erwin Ernst, Highlands Avenue resident, opposed the requested
variance, one of his reasons being too much density for the area, adding
a further reason that he was denied oermission to build a duplex in the
same area because of the density. Commissioner Pistol' reiterated the
comment made earlier that utilizino two lots. for the construction of a)
duplex will net ildd to the density.
BOOK 056 PhCE 234
Oct00fr 28, 1980
~~ There were additional brief comments made, following which
COl1missioner Urown moved, seconded by Commissioner Pistor "nd carricd
4/0 with Corrmissioncr ~Ienzel not present, that the public hearing be
closed.
Commissioner W1mer moved. seconded by Commissioner Archcr and
carried 3/1 with Commissioner Pistol' voting in opposition and Com-
missioner Wenzel not present, that Resolution 80-230 with regard to
Petition V-80-l5C, bp adopted.
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October 28, 1980
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RESOLUTION 80-231 RE PET[TION V-BO-17C, GOLD KEY POOLS OF NAPLES, FOR
DON WARNER, REQUESTING A VARIANCE TO PERMIT CONSTRUCTION OF A POOL AND
ENCLOSURE O!I LOT 50, r31.0cK 41, NAPLES PA~ UN IT 5 - MOrTED
Legal notice havin9 been published in the Nilples Daily News all
October 12, 1980 as evidenced by Affidavit of P~blication filed with the
Clerk, public hearing was opened to consider Petition V-BO-17C, filed by
Gold Key Pools of Naples for Don Warner, requesting a variance from the
minimum setbacks required on Lot 50, Block 41, Naples Park, Unit 5, in
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order to permit the construction of a swimming pool and enclosure.
Zoning Director Jeffory Perry explained, by referring to the
Executive Surrl11ary dated October 14, 1980, that the petitioner is re-
questing a variance from the minimum 25 feet front yard setback as re-
quired on a side street, and from the minimum side setbacks rp.quired, by
being permitted to construct a pool, deck and enclosure within 15.83
feet of the front lot line on the side strert and 6.17 feet from the
side lot line, each of those distances being the existing buildin~ lines
of the residen' ~ constructed some twenty years ago. Among other con-
sideriltions, said Mr. Perry, is' that the petitioner wishes to continue
along the established building lines without coming closer to the side
street, and still maintilin the required side setback on the north side.
Included in t~e stand~rds in making a determination on petitions, con-
tinued Mr. Perry, is whether or not the granting of a variance will be
in hilrmony with the general intent and purpose of the Zoning Ordinance
and not be injuriGus to the neighborhood and, in applying this standard,
the staff recommends ilpproval of the petition.
County Manager Norman advised that there were no registrants
indicating a desire to add input, whereupon Corrmissioner Pistol' moved,
seconded by Commissioner Brown and carried 4/0 with Commissioner Wenzel
not present, that the public hearinq be closed.
Commissioner Pistol' moved, seconded by Commissioner Brown and
pertaining to Petition V-80-17C be adopted.
carried 4/0 with Conmissioner Wenzel not present, that Resolution 80-231
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October 28, 1980
BOOK
056 rACE 240
PETITION CCCl..SQ-1C, WAFAA ASSAAD, WILSON, MILLER, BMTON, SOLL &
PEEK, INC. REQUESTING A VARIANCE FRO,., CCCL FOR PROPERlY KNOHN AS
NAPLES CAY - ACTION TAKEN LATER IN SESSION
Community Development Administrator Terry Virta explained that
th~ hearing on Petition CCCL-80-1C, filed by Wafaa As~a~d of the
Engineering firm of Wilson, Miller, Barton, Soll & Peek, Inc.,
requesting a variance from the Coastal Construction Control Line for
property known as Naples Cay is the second hearing on the matter and
is being heard at the request of the petitioner pursuant to the
Board's denial of the variance when it was originally heard. Mr.
Virta said that the original staff recommendation was one of approval
for the variance.
County Attorney Pickworth said that he encouraged the Board to
grant the re-hearing on the request for the reason that he was not
present when it came before the Board the first time and, in reading
through the minutes of the subject meeting and the staff report, he
saId that there was nothing in them to support the action taken to
deny the variance. Attorney Pickworth observed th~t the discussion
dealt almost entirely on the subject of beach access which was not at
issue. He pointed out the ractors to be considered in making a deter-
mination on whether or not to grant a varianc~ to the CCCL and sug-
gested that the hearing proceed on that basis and on no other.
Commissioner Wimer agreed with the Attorney, observing that the
record was probably "pretty garbled" and there was much discussion
about beach access at the meeting. The motion to deny, said the Com-
missioner, was made by him, although he would have to check the recorrt
in this regard, based not upon the comments about beach access but
rather on the testimony given pertaining to the variance. He said
that there were two expert witnesses on the subject, Environmental
Consultant Dr. Jay Harmic and Environmentalist Bernie Yokel, both of
whom recommended against granting the variance and this is what he
biised his motion upon. COIT'IHissioner Pistol' voiced his concurrence with
Commissioner Wimer's statements with Commissioner Brown stating his
agreement with the two environmental experts.
October 28, 1980
It was noted by Vice-Chairman Archer that the Petitioner's re-
presentatives had not arrived and a recess was called to allow for
additional time.
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RECESS TIME: 9:30 A.M. until 9:38 A.M.
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Mr. J.A. McElwain, Presid~nt of the Naples Cay Development Corp-
oration, informed the Board that one of his representatives, Mr. David
Tackney, of Suboceanic Services, Consultants, whose expert testin~ny was
quoted by Mr. Yokel previously and, according to Mr. Tackney, was quoted
highly prejudicially and incorrectly, was enrollte but had not yet arrived.
There being no objection, the matter was continued until later in the
Session and the balance of the agenda addressed at this point.
"SHORT LICiT" OF PROPDSED ARCH ITECTS FOR COLLI ER NORTH BRANCH OF COLLI ER
COUNTY PUBLIC LIBRARY - APPROVED; STAFF AUTHORIZED TO NEl::,JTIATE CONTRACT
WITH #1 RANKED FIRM OF MOYER AND DYEHOUSE, INC.
County Manager C. Wi 11 iam Normar. info;med the Board that, pursuant
to authorization granted by the Board on September 9, 1980 regarding the
preparation of a "short list" of qualified architects for the Collier
North Branch of the Collier County Public library, a committee, consisting
of the Library Director, the Purchasing Director ~nd he (Mr. Norman)
heard presentations from five of the firms who indicated an interest in
the project. Mr. Norman said that an analysis by each committee member
of the presentations is included in the Executive Summary pertaining to
the !:ubject and, in surrmary, it is the consensus o'f the corrmittee that
the following "short list" be recolTll1ended by the,Board for approval:
1. Moyer and Dyehouse, Inc.
2. Craven Thompsor. and Associates, Inc.
3. Brubaker/Brandt, Inc.
Mr. Norman reminded the Board that the first-named firm of Moyer
and Dyehouse, Inc. performed similar services for the County very satis-
factorily in the past in their design of the existing Library branches
in Immokalee and Golden Gate. He said that all of the firms are capable
but the n,'med firm's prior cxperience gives them the "edge". In a rclated
October 28, 1980
BOOK 056 rACE 242
matter, continued Mr. Horman, the staff is well advanced in negotiating
with the developers of Pel ican Bay on a site for the proposed branch.
Commissioner Wimer moved for adoption of the staff recomnendation,
Le. approve the "short list" of architectural firms as presented and to
authorize the staff to authorize a contract with the #1 ranked firm in
accordance with the Florida Competitive Negotiations Act. The motion
was seconded by Commissioner Pistol' and carried 4/0 with Commissioner
Wenzel not present.,
RESOLUTION 80-232 'ADOPTING A NEW HORIZONS STRATEGY FOR FAIR HOUSING
IN COLLIER COUNTY - ADOPTED; CHAIRMAN AUTHORIZED TO SIGN MEMO OF UN-
DERSTANDING BETWEEN THE COUNTY AND HUD RE SAME
Ms. Sondra Yates, Community Development Block Grant Coordinator,
addressed the Board for th~ purposes of outlining the New Horizons
Strategy for Fair Housing in Collier County, as proposed, and to em-
phasize its importance to the County overall. rhe said that the guide-
lines for developing the Strategy will provide the County with an extra
50 points in its application for Block Grant Funding which will be
coming before the B0ard shortly, commenting that the funding was lost
the past year by approximately 40 points. She explained that most OT
the items in the guidelines are items being done currently, or intend to
be done in the future - in other words, about 80% of the items the
County is considering now with the other 20% mostly involving work with
the Board of Realtors in Naples and Marco Island.
Ms. Yates said that the individuals being proposed to serve on the
related New Horizons Citizens Advisory Committee are as follows:
1. Financial:
2. Religious:
3. Retired:
4. Real Estate:
5. Civil Rights:
6. Government:
7. Business:
William Price
Rev. Howard Allen
Alonzo Simpkins
Ca rter Bryan
Pp.te Shaver
John Walker and Sondra Yates
Robert Coleman, Jr.
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Ms. Yates said that most of the named persons are currently on the Com-
mittee for the Block Grant Program and ar~, therefore, very familiar
with Block Grant Programs.
October 28, 1980
When a~~e~ to comment. Commissioner Brown said that he approves of
the proposal and that the suggested committee would ~ke a very able and
capable one. Commissioner Pistol' suggested that, since the majority of
the named individuals are from Immokalee and, since the proposal is for
a county-wide organization, perhaps the ~rship should be more wide-
spread with persons appointed from throughout the County. Ms. Yates
expressed agreement with the suggestion by the Commissioner, noting ~
the committee membership can be expanded to include Citizens at large
who are not from the Immokalee area, commenting further that the meet-
ings would not all have to be held in Immokalee.
Commissioner Pistol' moved, seconded by Commissioner Wimer and
carrried 4/0 with Commissioner Wenzel not present, that Resolution a.
232 adopting a New Horizcns Strategy for Fair Housing in Collier Co~
be adopted; that the Chairman be authorized to sign Memo of Underst~
between the County and HUO re same; that the New Horizons Citize~s
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Advisory Corrmittee be established, as reconmended therein, said memt..
to serve for a three-year term, with the provi$o that recommendatio~
forthcoming for additional Citizens at Large to equally distribute ~
committee within the County rather than just in the Immokalee area; .r,
that the New Horizons Program be placed under the COBG as it now exi~
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056 1'1.:;( 248
October 28, 1980
RESOLUTION 80-233 TO RECOVER FUNDS EXPENDED BY COUNTY TO ABATE PUBLIC
NUISANCE ON I,OT 8, OlOCK 1\21, UNIT 13, MARCO REACH - ADOPTED
Commissioner Pistol' moved, seconded by Commissioner Wimer and
carried 4/0 with Commissioner Wenzel not present, that Resolution
80-233 to recover funds expended by the County to abate a public nui-
sance on Lot 8, Block 421, Unit 13, Marco Beach, said property owned
by W. Gordon lee, be adopted.
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BOOK 056 PACE 250
October 28, 1980
RESOLUTION 80~23~ TO RECOVER FUNDS EXPENDED BY COUNTY TO ABATE PUBLIC
NUISANCE ON lOT 13, BLOCK 97, UNIT 3, MARCO BEACH - ADOPTED
CommiSsioner Pistol' moved, seconded by Commissioner Wimer and
carried 4/0 with Commissioner Wenzel not present, that Resolution 80-234
to recover funds expended by the County to abate a public nuisance on
Lot 13, Block 97, Unit 3, Marco Beach, said pro~erty owned by Chester
Minkowski, be adopted.
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October 28, 1980
MOl( 056' PAGE 252
RESOLUTION 00-235 TO RECOVER FUNDS EXPENDED BY COUNTY TO ARATE punLIC
NUISANCE ON LOT 15, BLOCK 59, UNIT 2, MARCO BEACH - ADOPTED
Commissioner Pistol' moved, scconded by COl111dssioner Wimer and
carried 4/0 with Conmissioner Wcnzel not present, that Resolution
80-235 to recover funds expended by the County to abate a public
nuisance on Lot 15, nlock 59, Unit 2, Marco Beach, subject property
owned by Harold Habc9ger, be adopted.
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IDOl( 056 PACE 254
October 28, 1980
RESOLUTION 80-236 TO RECOVER FUNDS EXPENDED BY COUNTY TO ABATE PUBLIC
NUiSANCE ON LOT 26, BLOCK 201, UNIT 7, MARCO BEACIl - ADOPTED
Con~issioner Pistor moved, seconded by Comnissioncr Wimer and
carried 4/0 with Corrmissioner Wenzel not present, that Resolution
80-236 to recover funds expended by the County to abate a public
nuisance on Lot 26, Block 201, Unit 7, Marco Beach, subject property
owned by Letcher Wigington, be adopted.
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DOOK 056 PACE 256
October 28, 1980
'RESOLUTION 80-?37 TO RECOVER FUNDS EXPENDED BY COUNTY TO ABATE PUBLIC
NUISANCE ON 1 OT 12, nr.OCK 23, UNiT 3, NAPLES PARK - ADOPTED
Commissioner Pistor moved, seconded by Commissioner Wimer and
carried 4/0 with Conmissioner Wenzel not present, that Resolution
80-237 to recover funds expended by the County to abate a pllblic
nuisance on Lot 12, Block 28, Unit 3, Naples Park, said property
owned by Jose O. Martin Hernandez, be adopted.
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BOOl< 056 PACE 258
October 28, 1980
RESOLUTION 80-238 TO RECOVER FUNDS EXPENDED BY COUNTY TO ABATE PUBLIC
NUISANCE ON LOT 14, BLOCK 67, UNIT 2, MARCO rSLANO - ADOPTED
COnlllissioner Pistor moved, seconded by Commissioner Wimer and
carried 4/0 with Conmissloner Wenzel not present, that Resolution 80-238
to recover funds expended by the County to abate a public nuisance on
Lot 14, Rlock 67, Unit 2, Marco Island, said property owned by Gerald F.
Olmsted, be adopted.
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noax 056 rACE 260
October 20, 1980
'RESOLUTION 80-239 TO RECOVER FUNDS EXPENDED BY COUNTY TO ABATE PUBLrC
NUISANCE ON LOT 15, BLOCK 65, UNIT 2, ~RCO BEACH - ADOPTED
Corrmissionel' Pistol' moved, seconded by Corrmiss'loner Wimer and
carried 4/0 with Commissioner Wenzel not present, that Resolution
80-239 to recover funds expended by the County to abate a publ'le
nuisance on Lot 15, Block 65, Unit 2, Marco Beach, said property
owned by Anna Pazzia, be adopted.
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,oox 056 PAGE 262
Octobcr 28, 1980
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RESOLUTION 80-2~0 TO RECOVER FUNDS EXPENDED BY COUNTY TO AGATE PUBLIC
NUISANCE ON LOT HI, BLOCK "C", UNIT 1, CONNER'S VANDERBILT BEAClI
ESTATES - ADOPTED
Corrmissioner Pistol' moved, scconded by Corrmissioncr Wimer and
carried 4/0 with Conmissioner Wenzcl not present, that Resolution
80-240 to recover funds expended by the County to abate a public
nuisance on Lot 18, Block "C", Unit 1, Conner's Vanderbl1 t Beach
Estates, property owned by Thomas Short, be adopted.
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bOOK 05'(:3 PhCE 2.64
October 28, 1980
CHAIRMAN AUTHORIZED TO EXECUTE INSURANCE RELEASE FORM, AND BOARD
ACCEPTS $5,000 CIIEcK FRON STATE FARM INSURANCE COr'lPANY FOR REPAIRS TO
DAMAGED C.R. 29 BRIDGE
Following brief explanation by Public Works Administrator/Engineer
Barksdale, Conmissioner Wimer moved, seconded by Conmissloner Pistol' and
carried 4/0 with Conmissioner Wenzel not pr~sent, that the Chairman be
authorized to execute Insurance Release Form, and that the Board accept
the $5,000 check from the State Farm Insurance Company for repairs to
County Bridge on C.R. 29 which was damaged by a vehicle insured by the
firm.
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RELEASE
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might bo claimed to be liable. nona of whom admit any !lability to the undersigned but all expressly del
any liability, Irom any and 011 claims. do:>mands, damaqes, actions. causes of action or suils of any kl
. or natum whatsoever. and particularly on account of 011 injuries. known and unknown. both to pcrs.
and properly, which havo resulted or may In tho? luture develop from an accident which occ~r.ed on or ab<:
:.~~~=~~1'~ia~:~;~~:~~~~:;~2~:~;~~~I;;~;~:l~:~=i'~
llll';..~slood und voluntarily acceplad for tho purpose of m'1kinq a full and' flna! corl'promlse adh:stment 0;
sottloment of any and all claims. disputed Oi otherwise. on account of the Injuries and damaqes aoove men 110m
and lor the express purpose of precluding forever any further or additional claim.. arisinq ':Jut of the oIoresc
accident.
. Underslqm;d httroby accepts dra!t or drafts as Iinal PaYment of the consldercrllo~ set brth above.
In W/lnm Wilmot. .2._ havo hFlrounlo set./!lJ' h~d(s)'and s) this ~~ ol..)?~~e~. lL~.~
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October 28, 1980
QUIT CLAIM DEED FROM CITY OF NAPLES CONVEYING 12' X 1539' STRIP OF
RIGHT-OF-WAY rOR COrlSTRUCTION OF GOLDEN GATE PARKWAY EXTENSION -
ACCEPTED AND APPROVED FOR RECORDATION
Pursuant to explanation by Public Works Administrator/Engineer
Barksdale, as contained in the Executive Summary prepared by him,
Commissioner Pistor moved, seconded by Commissioner Brown and carried
4/0 with Conmissioner Wenzel not present, that the Quit Claim Deed
from the City of Naples, conveying a 12' x 1539' strip of right-of-way
in conjunction with the construction of the Golden Gate Parkway Exten-
sion, be approved and accepted for recordation with the Clerk of the
Circuit Court.
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October 28, 1980
BCC APPROVES SALE OF DISCARDED lANDFILL TIRES BY SOLID WASTE DEPARTMENT
TO INTERESTED PARTIES
Public Works Administrator/Engineer Barksdale informed the Board
that a purchaser has been found who will pay the County $15.00 per ton
for discarded tires dumped at the Naples Landfill and requested Board
permission to sell this type of waste. He said that the proposal will
cut down on the land requirements and alleviate the difficulty in cover-
ing the material. Also, said Mr. Barksdale, a small source of revenue
will be generated, noting that the monies collected will be deposited in
a Revenue Account under the Solid Waste Budget.
Commissioner Pistol' moved, seconded by Commissioner Wimer, that the
propo$31, detailed ~bove. be approved.
Conmissioner Brown inquired about using the tires for the fishing
rEefs with Mr. Barksdale responding that the sale will involve the
larger tires l~aving plenty of smaller tires for the reefs.
Upon call for the question, the motion carried 4/0 with Commissioner
Wenzel not present.
PURCHASE OF SEPARATE WORKERS' COMPENSATION POLICY FOR CETA PARTICIPANTS
THROUGH DAVIS BROTH[qS - APPROVED; PAYMENT OF DEPOSIT PREMIUM OF $11,281
FROM cETA FUNDS FOR PERIOD 10/1/80 - 9/30/8l - AUTHORIZED
County Manager Norman explained that the County is self-insured for
Workers' Compensation Insurance for County employees which, until now,
included all of the CETA participants. This practice has created problems,
said Mr. Norman, in that these employees incur claims that run into ex-
cess of the standard County employees' claims which, in effect, shifts
the burden to the County taxpayers. Also, said Mr. Norman, CETA employees
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are temporary which means that long-term disability could occur which
would produce liability for a substantial period after an employee had
left. There are also some bookkeeping problems with regard to t~e rapid
turnover of employees and the need for constant reportinCj to State
agencies, he continued. Therefore, said Mr. Norman, it is being recommended
that the Soard approve the award of a Workers' Compensation Insurance
Policy to the D~vis Brothers Insurance Company, a firm with State-Wid~ acti-
vities and with an office in Naples, in the amount of $11,281 for the period
October 28, 1980
MaX
056 rACE 272
October 1, 1980 through September 30, 1981. The firm has experience in
workinq with CETA people and they have agreed to provide additional
reports, he concluded, ~Ihich wlll be helpful to the CETA Depilrtment in
meeting their reportin9 obligations.
Responding to Commissioner Wimer, Mr. Norman said that the premium
will be p1id through CETA funds.
Commissioner Wimer moved to accept the staff recommendation for
approving a sep~rate Workers' Compensation Policy for CETA participants
to be purchased through Davis Brothers Insurance Company, and to author-
ize payment of a deposit premium of $11,281 from CETA funds for the
period October 1, 1980 through September 30, 1981. The motion was se-
conded by Commissioner Pistol' and carried 4/0 with Comoissioner Wenzel
no t presen t.
BID #457 FOR MAINTENANCE OF COURTHOUSE GROUNf1S - AWARDED TO SPARKY'S
LAWN MAINTENANCE IN THE AMOUNT OF $4,950 PER MOi'lTH FOR PERIOD OF 23
MONTHS
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Legal notice having been published in the Naples Daily News on
Septemter 19, and 22, 1980 as witnessed by Affidavit of Publication
filed with the Clerk, bids were received until October 14, 1980 for the
Maintenance Contract for the Courthouse grounds.
Purchasing Director Frank Wilcox informed the Board that three
companies submitted bids for the contract with the low bidder being
Sparky's Lawn Maintenance who submitted a bid of $4,950 per month
starting November 1, 1980 and running for twenty-three consecutive
months. He explained that the length of the contract is due to the fact
that most of the firms have to add personnel and buy additional equip-
ment in the event they are awarded such contracts.
Commissioner Wimer moved, seconded by Commissioner Plstor, that Bid
1427 for providing milintenance of the Courthouse grounds be awarded to
Sparky's Lawn Maintenance in the amount of $4,950 per month for a period
of 23 months, as contained in the recommendation o~ the Parks & Recreation
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Department memorandum dated October 17, 1980, and in the Executive
Su~ry dated October 20, 1980; and that the Chairman be authorized to
sign, and the Clerk attest the resulting Agreement.
October 28, 1980
County Manager Norman advised that there will be an approximate
$22,000 savings realized over the next 11 months by virtue of contracting
the maintenance Work out. Regarding per~onnel requirements, Mr. Norman
said that within the next two weeks he will be studying the personnel
needs of the Park & Recreation Department more carefully and provide
reconmendations on budget changes, if appropriate.
Upon call for the question, the motion carried 4/0 with Commis-
sioner Wenzel not present.
Conmissioner Wimer expressed appreciation to the staff for follow-
ing through on the suggestions made for contracting some of the services
out which will result in substantial savings to the taxpayers.
BOARD APPROVES COUNTY ATTORNEY'S PROPOSAL FOR HIRING ADDITIONAL ASSISTANT
COUNTY ATTORNEY AND AUTHORIZES EXPENDITURE DF UP TO $22,000 ANNUALLY
PLUS PAYROLL COSTS FOR POSITION
County ^ttorney Donald Pickworth recalled that some time ago there
was discussion concerning the hiring of an additional Assistant County
Attorney, one reason being that the Planning Commission felt in need of
legal assistance and more time, in this regard, being made available for
them. He said that he has talked to various people about the job, his
intention being to hire a recent law school graduate for $17,000 to
$18,000 per year. However, said Attorney Pickworth, in the course of
the interviews, he ta~ked to an individual who is not a recent graduate
but one who has three years of legal experience including one year of
providing legal advice to the Corps of Engineers. The applicant, said
the Attorney, has more experience and knowledge than a recent graduate
and. obviously, demands more compensation. He sa1d that, if the Board
is willing, he will agreee to a salary as high as $22,000 to start and,
if there is agreement, he will employ her under those conditions.
Commissioner Brown expressed satisfaction at the possibility of
employing a female to fill the position and moved for Board acceptance
of Attorney Pickworth':; oroposal, and that an expenditure of up to
$22,000 plus payroll costs ~~ authorized to fund the position. The
motion \~as seconded by Commissioner Pistol' and carried 4/0 with Com-
mis$ioner Wenzel not present.
October 28, 19UO
lOOK
056 PACE 274
'Note: At this time (10:15 A.M.) Deputy Clerk Brenneman was replaced
by Deputy Clerk Davidson.
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ROUTINE BILLS - APPROVED FOR PAYMENT
Conmissioner Pistol' moved, seconded by Commissioner Wimer and
carried 4/0, with Corrmissioner Wenzel absent, that the routine bills,
havin9 been processed following established procedure, be approved for
payment as witnesse~ by the following checks issued from October 22,
1980 through October 28, 1980:
FUND
CHECK NO.
17014 - 17468
939 - 1362
BCC Pilyro 11
County Checks
PROPERTY APPRAISAL ADJUSTMENT BOARD SCHEDULED FOR g:OO A.M. NOVEMBER 12
AND 13, 1980
After an explanation from Fiscal Officer Harold Hall regarding the
need to schedule the date for the Property Appraisal Adjustment Board,
and the fact that there are likely to be many requests for hearings this
year, and upon Mr. Hall's recorrmendation that November 12 and 13, 1980
be so designated with the hearings convening at 9:00 A.M. on these
dates, Commissioner Pistol' moved, seconded by Commissioner Wimer and
carried 4/0, with Commissioner Wenzel absent, that the aforementioned
dates be d~signated for the Property Appraisal Aajustment Board and that
the hearings are to convene at 9:00 A.M.
There was sonic <':iscussion regarding a possible need for scheduling
more hearing dates, and Mr. Hall noted that all of the requests for
hearings wil I be received by November 3, 1980, and that if additional
time is required, that the Board would so designate at the 11/4/80 BCC
meeting. He further noted that the dates for additional meetings could
be designated by the Property Appraisal Adjustment Board upon their
convening at their first meeting. Also briefly discussed were the
tentative dates for the adoption of the final FY 1980-81 budget; the
public hearings for the tentative budgets and the schedule of events
leading up to the final notification of taxes for Collier County.
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October 28, 1980
COMMISSIONER PISTOR TO SERVE ON THE CANVASSING BOARD RE NOVEMBER 4, 1980
ELECTION ALONG WITH A JUDGE TO BE NAMED AND SUPERVISOR OF ELECTIONS
After a brief discussion regarding the need to have a County Judge
serve on the Canvassing Board along with a membcr of the Board of County
Conmissioners and the Supervisors of Election and the problems th~t were
incurred during the counting of the ballots after the September 9, 1980
Referendum duc to the absence of a Judge, and after hearing from the County
Attorney Donald Pickworth that the Statutes provide that a Judge must serve
on the Canvassing Board, but is not required to be present to physically
count the votes, Conmissioner Archer asked Clerk Reagan to contact the
COunty Judges and respectfully requested that one judge be present to ob-
serve the tabuldtion of votes for the November 4, 1980 election. Mr. Reagan
agreed to ~ontact the County Judges, and to a~k them to name a Judge or his
designee to be present during said tabulation of ballots.
Conmissioner Pistol' offered to represent the Board of County Conmis-
sioners on the Canvassing Board and Conmissioner Wimer moved, seconded by
Conmissioner Brown and carriQd 4/0, with Conmissioner Wenzel absent, that
Conmissioner Pistol' join a County Judge to be named, and the Supervisor of
Elections on the Canvassing Board regarding the November 4, 1980 Election.
RESOLUTION NO. 80-241 URGING RE-ENA~TMENT OF FEDEPAL GENERAL REVENUE
SHARING - ADaPTED
County Manager Norman stated that the Congress of The United States is
considering legislation which will e^tend the General Revenue Sharing Pro-
gram, which expired on September 30, 1980. He said that he has been re-
cei vi ng correspondence from other county offi ci a 1 s around the Sta te regard-
ing this matter, and urging Collier County to join in the movement to cn-
courage Congress to move favorably in this matter. He reconmended that a
resolutio~ be adopted urging congress to re-enact the Federal Gcneral Revenue
Sharing Program. Mr. Norman explained the urgency of the matter and added
that revenue sharing funds have been anticipated for the upcoming fiscal year
and that they have been incl.uded in the proposcd budget. He said that if the
Board chooses to adopt the subject resolution, he will send copies to the
President of the United States as wcll as the leaders of the House and the
Senate.
Octobcr 20, 1980
ODK 05B I'ACE276
Corrmi5sioner Brown moved, seconded by Corrmis5ioner Pistol' and
carried 4/0, with Corrm1S5ioner Wenzel absent, that Resolution No.
80-241, urging Congress to re-enact the Federal Gencral Revenue Sharing
Program be adopted, and forwarded as recommended by County Manager
Norman.
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nOM 055 PAGE 278
October 28, 1980
'RESOLUTION NO. 80-242, APPOINTING EARLE DAVIS AS REGULAR MEMBER OF
CHARTER COMMISSION - ADOPTED
County Manager Norman noted that during last week's session,
the Board accepted the resignation of Bruce Shannon from the Chilrter
Commission and decided to appoint alternat~ member Earle Davis to
fill that vacancy. He said that a r~solutton appointing Mr. Davis
has been prepared for the Board's consideration.
Commissioner Pistol' mov~d, seconded by Commissioner Brown and
carried 4/0, with Ccmnissioner Wenz~l absent, that Resolution No.
80-242, appointing Earle D,wio:; to the Chart~r Corrmission as a regular
member, be ad0pted.
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October 2n, 1980
eoOK 056 PACE 280
REQUEST FROM CIlAMOER OF COMMERCE FOR COOPERATION IN COMPILING AN
ECOI~OMIC DEVELOPMENT SUMMARY TO BE HANDLED ADMINISTRATIVELY BY COUNTY
MANAGER
There was a brief discussion regarding the request received from
the Chamber of Commerce for cooperiltion from certain areas of the county
in regard to comp1l1ng an EconomIc Development SUn,Tlary, during which
County Manager Norman Sd i d tha t the areas of concern i nvo 1 'led depa rt-
ments under his purview, and that if the Board had no objection, he
would hilndle the matter administratively. There were no objections from
the members of t.he Boa I'd and Vi ce Cha i rman Archer di rected tha t the mil t-
tel' be handled administratively by the County Manager.
REQUEST FROM SOUTHEAST UNDERGROUND CONSTRUCTION INC., THE CONTRACTOR FOR
MARCO SEWER PHASE I, REGARDING THE USE OF PIEDMOUNT CIRCLE FOR TEMPORARY
STORAGE OF CONSTRUr.TION EQUIPMENT - DEFERRED TO STAFF FOR INVESTIGATION
INTO ALTERNATE SITES rOR SAID STORAGE
Utility Director Irving Berzon stated that a request has been made
by Southeast Underground Construction Inc., the contractor for the Marco
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Sewer Phase I project, to use Piedmount Circle Park area for the storage
of construction equipment and a construction trailer for the interim
period of construction of said project. He said that the time frame for
Phase I will be approximately B months, and that it is his recommendation
to allow the storage on a temporary basis.
Mr. James C. Pearson, resident of Marco Island, spoke in opposition
to the proposal, noting several reasons and also submitting a 5 page
petition signed bj residents of Marco Island opposing the proposdl also,
and urginy the Commissioners to investigate an alternate site.
After a brief discussion, Commissioner Wimer moved, seconded by
Commissioner Brown and carried 4/0, with Commissioner Wenzel absent, that
the matter be deferred back to the staff for further investigation into
a more suitable site.
Mr. Berzon stated that he did not feel that the matter would have
to come back before the Board of County Commissioners, as the responsi-
bility of finding a suitable site was the contractors, and not that of ~
the County, however, he would work with the contractors, in an effort
to find such a site.
October 28, 1980
CONSIDERATION OF REQUEST FROM OESOTA COUNTY TO ADOPT A SIMILAR
RESOLUTION TO THE ONE AUQPTED BY THEIR BCC REGARDING BUDGETING
PROCEDURES OF PROPERTY APPRAISERS AND TAX COllECTORS _ DEFERRED
TO 11/4/80
Vice-Chairman Archer asked the members of the Board if they
wished to consider a request from Desota County BCC, regarding U.
adoption of a similar resolution to that which they adopted regaling
the Budgeting procedures of Property Appraisers and Tax Collectonf
After discovering that many of the members or the Board had not ..
ample time to study the matter, Commissioner Archer directed thatthe
matter be placed in the 11/4/80 Miscellaneous Correspondence for~n_
sideration at that time.
LAKE TRAFFORD MEMORIAL GARDENS CERTIFICATE DEED NO. 241 _ ACCEP~
FOLLOWING RECPRDATI~_____
Pursuant to action of the Board January 10, 1978, wherein t~
Chairman was authorized to sign various deeds to Lake Trafford M~rial
Gardens cemetery lots as the need arises, the following Deed No. ~T.
was recorded and fil ed for the record on a mot; on by Conmi ss i oner Wimer,
seconded by Conmissioner Brown and carried 4/0, with ConmissionerWenzel
absent.
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056 rm 284
October 28, 1980
13. Copy of mc:norandum da ted 10/24/80 from Pcrsonne 1
Directol' to all County cmployees cldvising of thc
71,"/, unifOl111 wage adjustmcnt to be effective 10/4/80.
Fi led.
14. Copy of letter datcd 10/2l/80 from Contractors Assoc.
of Collier County opposing proposed plan revicw and
inspection fee by the North Naples Fire Control
District. xc 8uilding Department; Filed.
15. Cory of letter dated 10/21/80 to Mr. lamar Gable,
School Board President regarding opposition to
sharp increase in school taxes. Filed.
16. Copy of letter dated 10/22/80 to Mr. Elijah Boone,
Jr. from County Manager re his application for em-
rloyment in an administrative capacity with the CETA
Department. Fi led.
17. Copy of letter dilted 10/23/80 from Commissfoner
Pistor to Florida DOT expressing apprtciation that
the "Traffic and Monetary" study on Route 951 to
Marco Island will proceed. xc Mr. Barksdale; Filed.
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RECESS: 10: 30 A.M. - 10:37 A.M.
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PETITION CCCl-80-1C, WAFAA ASSAAD, REPRESENTING WILSON, MILLER
BARTON, SOLL & PEEK. INC.. REQUESTING A VARIANCE FROM THE COASTAL
CONSTRUCTION CONTROL LINE ON PROPERTY LOCATED IN SECTION l6, T49S,
R25E, KNOWN AS NAPLES CAY - SAME PETITION HAVING BEEN DE"IED ONCE
AND UPON 8EING RECONSIDERED - DENIED AGAIN
Community De'lclopment Administrator Terry Virta explained that
Petition CCCl-80-1C, having been denied by the Board, was being recoll-
sidered today, and he referred to a drawing on the side of the room
and pointed out the proposed roadway for which the variance i~ being
considere~. He said that the variance has been reduced from 70 feet
to approximately 60-65 feet for the construction of an access road
through the SUbject property, known as Naples Cay. He said that the
original proposal was recommended for approval by Or. Harmic, the
County's Environmental Consultant, and that upon submission of a
later proposal there wa3 a great deal of confusion brought forth. He
said that for the purpose of clarity, only the one drawing, for the
P~oposal being considered today is relevant, and that the Board should
make their de~isfon on that drawing and proposal only.
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October 28, 1980
Dr. Hannic said that he agreed that his original recomnendation
was for approval, as he felt at that time that the proposed variance
was the least that could be required in order to provide the needed
access to the subject project's buildings; however, when a later pro-
posal which entailed the use of trestled roadway over certain sensitive
areas on the property was submitted, he became aware that there was an
alternative to the requested variance from the Coastal Construction
Control Line, as is included in today's request. and that he can now
not divorce the two alternatives in his recommendations, and would
favor the alternate design of the roadway with the trestled portions of
the roadway, and with the roadway cons ~ructed more upl and from the
control 1 ine as shown in the second proposal's drawing.
At the request of Chairman Archer, the second drawing was put on
display, and Dr. Harmic pointed out the differences between the two.
County Attorney Pickworth asked Dr. Harmic if he feels that suf-
fi ci en tin forma t i on has been provi ded by the pet i ti oner, 0;1 whi ch to
base a final determillation as to how much harm to the beaches the pro-
posal for a variance that is being considered today would cause? Dr.
Hannic replied thdt he does not have the engineering qualifications to
determine this, however, based on the fact that he has seen an alternate
plan that entails much less encroachment on the coastal construction
control line, he would have to say that the proposed construction pre-
sents a potential problem regarding damage to the beach. He added that
any disruption of the natural beach configuration has a potential to
adversely affect that beach. When asked by Mr. Pickworth if this part-
icular proposal will in fact damage the beach, Dr. Harmic said that he
,
cannot say for sure, but insisted that there is a potential hazard; not
a positive one. He said that his current position is that he believes
that there are ways to construct the access road with less encroachment
on the control line than with the amount of variance that is being
requested today, and that he is recon~~ndinQ denial of the proposal
being presented. He recommended that an alternate design be thoroughly
investigated.
At the request of COlmlissioner Wimer, the second drawing submitted
at an earlier date for an alternate proposal for the roadway was removed
eOOl<
056 r^c~ 286
Octobcr 28, 1980
Jrom display, so as to eliminate any confus~on and to insure that only
the one propusal is bcing considercd today.
Mr. David Tackney, of Sub-Oceanic Consultants, and recently retained
by Naples Cay to study the beach system that is to be involved regarding
the requested variance for the proposed access roarlway tr.rough the pro-
per~y known uS Naples Cay, said that he has reviewed the subject plans,
and has made numerous site inspections and subsequently fcels that thcre
are a number of sig~ificant modifications that should be made to the
plans that the pctitioner is proposing today. He said that not only
would the road be withdrawn and reduce the required variance from the
coastal construction setback line, but it would also significantly
improve the site. He referred to portions of the subject site that are
sevcrely damaged and said that any proposal for an access should con-
siJcr the beach system itself. He said that it is his opinion that this
date is premature for the consideration of any plans for access for the
subject project, and requestcd an additional four weeks deferral of
this consideration in order to allow him sufficient time to redesign
thc proposed access roadway as he outlined earlier.
Corrm:ssioner Wimer asked him if the ncw proposal would be signi-
ficantly different from the one being reconsidered today and he replied
affirmatively.
There was consid~rable di~cussion regarding whether or not the
Board should deny the subject petition or simply defer it for four
weeks as requcs ted by ~tr. Tac::ney. Also di scussed was the poss i bil ity
of a new proposal requiring readvertising for public hearings and it
was the con~ensus of those members present that it would require read-
vertising, and County Attorney Pickworth recommended that the Board
deny this petition and that the petitioner be required to file a new
petition. He said that if the Board wished, they could waive the
application fees. When asked if the petitioner would agree to this,
Mr. Wafaa Assaad answered affirmatively and said that what the petitioner
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had in mind was to avoid the additional time that will be required for
tne readvertising of a new petition.
October 28, 1980
Commissioner Pistol' moved, and Commissioner Wimer seconded, that
Petltion CCCl-80-1C be denied, and that the petitioner be required to
make a new application for the requested variance when plans for the new
configuration of the proposed access roadway are submitted.
County Manager Norman called out seven reqistered speakers names,
all of whom stated that they would defer their comments until the next
advertised public hearing, and Mr. Bernie Yokel, representing the Collier
County Conservancy stated that his organization favored denial, as
motioned for by Cormlissioner Pistol'.
Upon call for the question, the motion to deny Petition CCCL-80-1C,
carried 4/0, with Commissioner Wenzel absent.
DEVELOPERS OF NAPLES CAY TO MEET REQUIREMENTS OF BEACH ACCESS ORDINANCE
BY PROVIDING A PARKING AREA SUFFICIENT TO ACCOMMODATE 43 VEHICLES AND A
20 FT. PEDESTRIAN EASEr~ENT TO THE BEACH WITH A PAVED WALKWAY PLACED UPON
IT
Corrrnunity Development Administrator' Terry Virta apologized for the
delay in having the matter of the Naples Cay beach access come before
the Board, but explained that the County Attorney, the Planning, Com-
munity Development, and County Manager's staffs have been working on
this r,latter for the last, week and that he has prepared a memorandum tha~
details the various aspects related to the problem of providing beach
access at Naples Cay.
Mr. Virta read from the contents of the subject memorandum, dated
lO/28/80, including the following two propositions that were offcre~ by
the develop~r of Naples Cay in order to satisfy the beach access re-
quirements:
1. The proposed monetary donation in lieu 'of the requirements
outlined in the Bear.h Access Ordinance is that the petition-
er donate $150,000 to the County. His donation will be in
five increments in the amount of $30,000 to be given at such
ti,lles as he receives Certificates of Occupancy for each of
the five apartment towers. The five towers in this proposal
would include approximately 600 housing units.
2. The alternate proposal is that the petition~r improve and
add parking along Seagate Drive as well as donating and
improvi ng the ri ght-of-way to the ruh 1 i c.
BOO~
October 28, 1980
056 PACE 288
Mr. Virta gave thc staff recommendations rcgarding the above-
mentioned alternate proposals as follows:
The proposed monetary donation was originally intr.nded to
serve as matching funds for the projectcd walkway and re-
lated facilities at the proposed park within Pelican Bay.
The County Engineer has examined this proposed improvement
and estimates that at current costs, the walkway and re-
lated facilities would require an outlay of $850,000. At
best, the donation could be thought of as seed money and
with the "strings" attached, staff suggests that this pro-
posal would not serve the County's best interest.
The alternate regarding provisions for e~tending the right-
of-way to' the public and providing parking spaces is an
extremely reasonilble request from the petitioner's per-
spective as the improved roadway would greatly enhance his
own site. In fact, the staff feels that regardless of the
o~tcome of the present matter before the Board, that the
petitioner would be selfserved by making these improvements
without, perhaps, the commitment of parking. That is, the
petitioner would enhance his project if Seagate Drive were
impro'/ed from its present publ ic terminus to his driveway
and also tying it to Gulfshore Boulevard. Again, due to
the strings attached by the petitioner, staff does not feel
that this proposal will serve the County's best interest.
Mr. Virta said that staff does feel that the petitioner can and
1.
2.
should meet the requirements of the Beach Access Ordinance without
suffering any real or substantial hardship. He said that the staff
would recommend that the Board consider that the requirements of the
Ordinance have been met if the petition~r were to provide a parking
area sufficient to accommodate 43 vehicles and a 20 ft. pedestrian
easement to the beach with a paved walkway placed upon it. He added
that this would be a similar solution to what was provided in Park
Shore Unit Five. Further, he said, the staff fl!el s that such pro-
visions should be met prior to the granting of whatever bu~lding
permits are pending, and that these actions should be taken without
any agreements from the County other than agreeing that any permit
request made by the petitioner will be handled in the same manner as
any other permit request and subject to whatever rules and regulations
that may be in effect at the time of the application.
Mr. Virta said that he has been presented with an agreement pro-
viding for either of the two aforementioned alternate proposals from
the petitioner early this morning, and that he and the legal staff are
both strongly opposed to the provisions within them.
.')
Octoher 28, 1980
Mr. Virta pointed out on a map the recommendations that he is
making, on behalf of staff, indicated in yellow and a dashed blue.
He stated that the petitioner is desirous of purchasing an additional
piece of property, of approximately two acres in size, located between
petitioner's property and the Gulf of Mexico, and if that is accom-
plished the staff could see no reason why such an easement, if provided,
could not be later or subsequently shifted to a new point. He said
that in any event the staff recommends that the two proposals offered
by the petitioner be rejected.
Mr. Clinton Green, of Naples Cay Development Corporation, stated
that he has two proposals before the board today, having submitted the
second proposal last week, ~t which time the matter was continued to
this date. He said that the first proposal, as outlined by Mr. ~irta
regarding parking spaces, and additionally the 20 ft. easement, is
not po~~iblc a~ the property is not owned by the developer and, there-
fore, the devcl~pcr does not own the easement or the land. He said
that the developer has an option to buy; however, it will be two or
three years before that option is considered. He said that his firm
is t.ying to acquire the additional two acres that Mr. Virta has men-
tioned and, if this comes to pass, the developer will be willing to
give a 10 ft. access there. He said that he has not been given the
authority to offer a 20 foot edsement; however, he said that if the
property is purchased, that would provide a walkway access similar
to what Park Shore Unit Five has given immediately south of Naples Cay.
Mr. Green said that he cannut see any useful purpose of giving
access, as suggested by Mr. Yirta, when there is a closely proximated
,
aCCess already there which would simply require people to walk up a
tar road instead of a sandy beach to get to the same place.
Regarding the offer for a monetary proposal, Mr. Green said that
this was originally tied to the two acres at the Pelican Bay 36 acre
beach site. He said that the developer has not tied these funds to
that any longer, and referred to the fact that that particular site
is hinged upon approval from the Corps of Engineers. He said that
there would be no restrictions on the money; it would simply be pro-
vided as a C 0 w~s received for each building.
October 28, 1980
BOOK
056 PACE 200
Mr. Green said that he has drafted agreements; one agreement for
each of the~e two proposals, and that further details must still be
worked out. He said that he is requesting that one of the beach access
alternatives be approved today, subject to the pcrtinent agrecment bcing
reviewed by the County Attorney, and the details subsequently brought
back to the Board for their final approval at the next Board meeting.
Betty Murphy, resident of the Sea house on Seagate Drive, and soeaking
for the residents ~f the Seahouse, spoke in opposition to any alternatives
to the requirements of the Beach Access Ordinance. She pointed out that
the pub 1 i c "cry" for access to the beach from the north is bei ng ignored
in the proposal from the developer; that parking is not the answer to
the beach access question; and, that the easements being considered havi
previously been deeded to private landowners, by Mr. Pulling, one of the
owners of the Naples Cay propertv. She said that she is concerned that
the Board is c0~siierinq blocking off and/or obstructin~ private ease-
ments with a parking lct; Mr. Pulling could not lease these easements to
the developer of Naples Cay; the developers cannot dedicate them to the
COL:nty.
Mrs. Patricia DeLoach, resident on Ridge Drive, spoke on behalf of
the residents in North Ni'.ples and the Pine Ridge area many of whom have
attended the public hearings which have been continued over and over
again. She read into the record a letter, dated lO/28/80, objecting to
the Buard continually neglecting to enforce the requirements of the
Beach Access Or~inance. She further stated that the connection of Gulf-
shore Boulevard and Seagate Drive is needed and referred to a staff
report, dated May 9, 1980 from Engineer Clifford Barksdale; a letter
dated August 18, 1975 from Sheriff Doug Hendry; and a letter dated Sep-
tember 9, 1980 from Jim Jones, Chief of North Naples Fire Department,
all affirming the importance of such connection,
Mr. Henry Maxant, resident of Pine Ridge, suggested that the first
order of business should be consideration of the oossible pllrchase of
all or a part of the Naples Cay property ~nd ,t,hat if the people of
Co 11 i cr County refuse to accept ;}~~inan9~~1:.r.~spons i bi11ty for thi s
. ,'f" ".
purchase, then move forward with enforcing compliance to the Beach
Access Ordi nance. '
)
October 28, 1980
County Manager Norman said that this propo~~l)~ being studied at this
time by the staff; however, he strongly re;ommended that this should not
be confused with the issue before the board today, namely compliance
regarding beach access on the part of the developer of Naples Cay.
Hearing that there were no further speakers who wished to address
the matter, Commissioner Archer asked for comments from the members of
the Board regarding the two alternate proposals.
Commissioner Pistor commented that he could not see where the sum
of $150,000 would be of much help if it was going to cost some $850,000
to build the bridge that Mr. Virta alluded to earlier. He said that
even if there were no strings attached to the funds, with the prices of
beach fron~ pro~erty being $5,000 to $10,000 per foot, the proposed
$150,000 would not "go very far".
Mr. Green stated that the two aforementioned proposals are all the
developer can offer. He said that the money is not tied to any particular
use and could be used for any type of recreational use throughout the
County. Also, if the County Attorney needs more time to study the pro-
posed agreements, he would request that the County relea~e at least a
portion of the building permits, while Mr. Pickworth works out the
terms.
Mr. Pickworth said that the proposal is not a good idea, and, if
the Board is to accept any agreement, the terms should be agreed upon
first. Commissioner Brown expressed agreement.
Mr. Virta clarified the fact that "beach access", as designated
within the Beach Access Ordinance, is to be located at a particu13r
point noting that what he has recommended is an aJternate to the access;
specifically, a 20 ft. easement at the southernmost property line in
conjunction with the Gulf of Mexico; also recommended is that somewhere,
and this has been left somewhat abstract purposely, there is to be park-
ing facilities that will be equal to that which you would find in a
dedicated 100 ft. publiC access. He said that his suggestion is not for
parking on Seagate Drive.
Mr. Al McElwain, President of Naples Cay, said that although he does
not understand the Beach Access Ordinance he does understand that he has
October 28, 1980
~oo~ 056 PACE 292
the right to either comply with the 100 feet requirement within the
Ordinance or, he has to make an acceptable trade in lieu of the re-
quirements of the Ordinance. He said that some developers in the past
have declined to do anything at all and that he realizes that the County
can condemn and take the land if he decides to give the County nothing.
He said that, as he understands it, the County cannot confiscate this
land without compensation, and said that he has hundreds of thousands of
dollars invested based on the County's zoning laws; and that his project
has complied with all of the regulations. He said that he cannot give
the County something that he does not own; he cannot give access ease-
ment over a restrictive easement; the Seagate Drive extension from the
t~ro stucco columns to the Sea house is a Seagate neighborhood beach
parcel and that the Catholic Church parcel is, in some peoples' minds, a
restrictive easement. He conmented that certain people have threatened
lawsuits if he is co provide oth~rs access across that property. Assistant
County Attorney Pires, he continu~d, has researched this issue and has
found it necessary to add certa i ro 1 an!Juage to the "cash in 1 i eu of"
proposal because of the probability of such lawsuits. Mr. McElwain
claimed that the County is leaving him with "no control" over the situation
in demanding that he donate lands he has no control over to the County.
He said that, of the two proposals, he prefers the "cash in lieu of"
proposal because it will not entail any lawsuits. He said that he is
willing to meet either of his two proposals, but that he cannot do what
the staff is reconmending. He requested that the Board make a decision
as to which of his two proposals they will accept, adding that the only
reason that he has added "strings" to the cash proposal is because he
represents a "normal property owner" and he wants to have his pennits
treated as "normal", and under "normal" conditions.
Mr. McElwain said that he knows that he can choose not to comply at
all, and that the only rights that the County will have is to have a
reasonable amount of time to condemn the'land. He referred to his willing-
ness to make a cash payment as a sort of "impact fee' and said that he
knows th~re is no requirement to do this but, being civic minded.
October 28, 1980
he is willing to do so. He stated his willingness to pay $300 per unit,
to be used for recreational uses, but he is unwilling to pay the $850,000
figure mentioned by Commissioner Pistol'. Mr. McElwain noted that he is
planning to pass this payment on to the buyers and, therefore it will
not actually cause him any great problem. Also, Mr, McElwain said he
feels that beach access is a "campaign issue", and expressp.d hope that
he is not caught "in the middle of a campaign issue", One answer may be
to condemn the property that makes up the easement claimed to be private,
Mr. McElwain concluded.
Assistant County Attorney stated that Mr. McElwain has completely
misrepresented his comments regarding the easements, and stateme~ts re-
garding amending the agreem~nts, etc. are totally inaccurate.
The staff recommendations were discussed briefly, during which
Commissioner Pistol' noted that if certain beach access-related variances
are not forthcomin~ one of the buildings the petitioner is proposing would
not be permitted; therefore, the County would only receive $120,000 and
not the full $150,000. Mr. McElwain said that he would be willing to
pay $40,000 per unit, as the certificate of occupancies are issued. If
only four buildings are constructed, the County would be receivirg
$160,000 and, if the other building is allowed, the County would receive
$200,000, he said.
Mr. Virta cOnlllented that he believes the problem that the Board is
facing is one that deals with the property owner. He said that the pro-
perty itself is what is at question. When asked by Vice-Chairman Archer
if he knows who the prope.-ty owners are or if he has ever met with them,
Mr, Virta answered negatively.
Mr. Herb Wendle, 184 Carribbian Road in Pine Ridge, suggested that
the problem could be solved if the Board would go back to the developers
of Pelican flay and insist that an access to the property thJt they have
dedicated to the County be provided. He clain~d that that would solve
the traffic problem with Seagate and, further, if the Board does decide
to accept the funds "in lieu of" proposal from Mr. McElwain, those funds
could be ~anllJrked for "beach access" in that area. Mr. Wendle said that
he believes that Pelican Ray should be required to provide the equivJlant
October 28, 1980
eoo~ 056 PAGE 294
'dollar value of the thrl'l" rn1ll"<; plll" of heach access that they arc
not supplying to the County.
Vice-Chilinnan Archer moved that the County enter into an agreemcnt
with the Naplc~ Cay Development Corporation, as submitted by them and
agreed to by the County Attorney, accepting payment of $150,000 or
$200,000, the fonner figure If paid prior to construction and the latter
figure if paid upon issuance of Certificates of occupancies, in lieu of
the Beach Access, a? required by the Bcach Access Ordinance. The motion
died for lack of a second.
Vice-Chairman Archer moved that the County enter into an agreement
with the Naples Cay Development Corporation whereby the petitioner will
provide 46 parking spaces at the south end of the subject property on
and adjoining Seagate Road, and use of the easemnnt, or beach access, at
the south end of the Naples Cay property. The motion died for lack of a
second.
Vice-Chairman Ar~her moved to accept the recommendation of the
staff and require the petitioner to meet the requirements of the Beach
Access Ordinance, and that the petitioner be required to provide a park-
in9 area sufficient to accommodate 43 vehicles and a 20 ft. pedestrian
ease~ent to the beach with a paved walkway placed upon it which he said
would be a similar solution to that provided at Park Shore Unit Five.
Commissione~ Pi~tor seconded the motion.
The following is the result of a roll call votE, called by Chief
Deputy Harold ~all:
Vice Chairman Archer..........Yes
Commissioner Pistor...........yes
Conmissioner Brown............No
Corrmissioner Wimer............yes
County Attorney Pickworth requested that the motion acted upon be
read for clarity following which he asked Commissioner Archer if his in-
tent was to require the petitioner to comply with the Ordinance by dedi-
cating the 100 ft. strip as required in the Beach Access Ordinance. He
, ')
said that he cannot understand why Mr. McElwain claims that he cannot do
this, and Commissioner Archer stated that this was not the intent of his
Octobel' 28, 1980
motion; that his motion was to provide a parking area to accomodate 43
vehicles, and a 20 ft. pedestrian crossing to the beach, and that he
did not care where he does it. Commissioner Archer stated that the in-
tent of his motion was to get the BCC off of "dead center"; and, by
accepting the recommendation of the staff by a 3/1 vote, the 3CC has
done so. He further stated that at this point the option of the peti-
tioner is to either comply with the Ordinance or go to Court. Mr. Pick-
worth asked Vice-Chairman Archer if his motion is intended to require
the petitioner to dedicate the 100 ft. easement as required in t~e
Beach Access Ordinance as well as require the parking? Commissioner
Archer responded as follows:
"No, I am not t~lking about any parking, I am talking about
the staff recommendation, where it says, 'staff feels that
the petitioner can and should meet the requirements of the
Beach Access Ordinance without suffering any real or sub-
stantial hal'dship by providing a parking area sufficient to
accomodate 43 v~hicles, and a 20 ft. pedestrian crossing to
the beach'. I don't care where he does it. But, that was
the motion".
Mr. McElwain stated that, in an effort to meet the requirements of
the action of the Board and, considering the nature of the project, he
does not feel that there is anything that is being required by the
Board that would cOllfLct with the issuance of the building permits for
any of the buildings. He said that he would like to see his first or
second building permits be released.
Vice-Chairman Archer said that, in his opinion, he believes that
is a legal question that would require ~lr. McElwain's lawyers to meet
with the County Attorney and determine the final action; however, he
believes that the petitioner would have to go through the courts and get
a court order in order for the board to release any building permits.
Mr. McElwain stated that he feels that the BCC has caused an "ina-
bility' on his part to be able to comply with the Ordinance, and that it
would seem to him, the only action the Board can take is to proceed with
a cOlld~lOnation. Vice-Chairman Archer said that this may be what direction
that the BCC decides to take, after consultation with their legal counsel.
County Manager Norman said that the interpretation of the Ordinance,
thus far, has been his responsibility which is that a building permit
cannot be issued until such time as the Beach Access requirements have
hr"l'n met for the 5uh,iect property.
IOK 056 PAGE 296
October 28, 1980
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/
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VIC,!-Cl1cJi'nlldrJ Ar"der St,1tCU that the beach access n:qulrcments
have not been met for this property, and that Mr. McElwain has affirmed
that they cannot be met; therefore, Mr. McElwain's only recourse is to
go through the courts. He asked County Attorney Pickworth if this was
accurate and Mr. Pickworth stated that, if his interpretation of the
Ordinance is correct, it i~. When asked if he has consulted with Mr.
Norman regarding this matter, Mr. Pickworth answered affirmatively and
said that it is his, opinion that Mr. Norman is correct and, if the per-
mits are issued, "what good is the ordinance?"
There bein<:; no further business for the good of the County, the
meetin9 was adjourned by order of the Chair - Time 12:10 P.M.
BOARD OF COUNTY COMMiSSIONERS/EX
OFFICIO GOVERNING BOARD or SPECIAL
DISTRICTS UNDER ITS CONTROL
, '/:/'-V~.
, 'Cftj.
. RCHER, VICE,' 1A~RMAN
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"
REAGAN, CLERK
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