BCC Minutes 05/25/1993 RNaples, Florida, May 25, 1993
LET IT BE REMEMBERED, that the Board of County Commissioners in
and for the County of Collier, and also acting as the Board of Zoning
Appeals and as the governing board(s) of such special districts as
have been created according to law and havin~ conducted business
herein, met on this date at 9:00 A.M. in REG~ SESSION in Building
"F" of the Government Complex, East Naples, Florida, with the
following members present:
CHAIRMAN: Burr L. Saunders
VICE-CHAIRMAN: Timothy J. Constantine
John C. Norris
Michael J. Volpe
Bettye J. Matthews
ALSO PRESENT: John Yonkosky, Finance Director; Sue Carney,
Recording Secretary; Ellle Hoffman, Deputy Clerk; Annette Guevin,
Recording Secretary; William Hargett, Assistant County Manager; Ken
Cuyler, County Attorney; David Weigel and Thomas Palmer, Assistant
County Attorneys; George Archibald, Transportation Services
Administrator; Frank Brutt, Community Development Services
Administrator; Tom Olliff, Public Services Administrator; Bill Lorenz,
Environmental Services Administrator; Fred Bloetscher, Assistant
Utilities Administrator; Dave Pettrow, Site Development Review
Director; Tom Conrecode, Office of Capital Projects Director, Stan
Litsinger, Growth Management Section Chief; Dick Clark, Code
Enforcement Director; Russ Muller, Transportation Engineer, Robert
Wiley, Water Management Engineering Project Manager; Fred Reischl,
Project Plan Review; Diane Holling, Chahram Badamtchian, Michelle
Edwards-Arnold, Bob Mulhere, Ron Nino, Jeff Perry, Bryan Milk and
Philip Scheff, Barbara Cacchione, Planners; Sue Filson,
Administrative Assistant to the Board.
Page 1
Tape
(220)
Tten
~ - APPR~ M/TE CHAIGKS
May 25, 1993
CommiootoneF Norris ~oved, seconded b~ Conic.loner Hatthe~m
and carried unant~ouel¥, to a~rove the agen~ .ith the ch~s a
detail~ on the Agen~ Ch~ge Sheet ~d with the foll~lng additional
c~:
1. Item ~16H5 - Reco~endatton for approval o~ a one year exten-
sion to Contract No. 91-1779, Beach Cleaning Operations on
Marco Island - Moved to Item ~8H2.
Page 2
(23?)
Itm~a
CONSENT ASE~fl)A - APPROVED A,RD/OR ADOPTED
May 25, 1993
The motion for approval of the consent agenda is noted under Item
#16.
(24~)
MINUTES OF TH~ RE(K~LAR MEE?INQ OF APRIL 27, 2993 - APPROVED
Co~aiutoner Matthews, ~econded by Comisaloner Volpe and
c~lg ~tmly, to appr~e the Ntnutes of th~ ~lar ~tiq of
~rtl l~, 1993.
(27~)
Item
~ S~CE ~S -
Commissioner Saunders congratulated the following employees and
presented their service awards:
Jean M. Egan, § years, Purchasing Department
Carol A. $omers, § years, Library
(~oo)
Zta,~B
PROCLAMATION DESI~XATING MAY 31-JUNE 5, 1993, AS RESPECT FOR LAN NEEE
- ADOPTED
Upon reading and presenting the proclamation, Comteatoner Norris,
seconded by ¢~illioner Constantine add carried unant~usl¥,
that tho Proclmtton desisting hy 31 - J~e 5, 1993, ~ Re~ct
Fo~ ~ bk ~ m~pted.
S~dy Sanders of the Sunset 0p~imtst Club of Naples accepted the
Proclamation.
Page 3
Hay 25, 1993
(3so)
Item Wl&2
93-290, 93-293 &)ID 93-295 - ADOPTED
Finance D/rector Yonkosky explained that there are three Budget
Amendments on the Clerk's Report and requested adoption of same.
Coaualss/on~r Volp~ moved, seconded ~ Commissioner Norris and
carried ur~ni~l¥, to adopt Budget Amendments 93-230, 93-293, ~d
93-295.
(~90)
lt~A1
~ ~l~ C~ NOIS~ O~I~C~ RO. 90-17
Dick Clark, Code Enforcement Director, reported that several citi-
zens have complained that a number of commercial establishments were
utilizing amplified music and the Board directed Staff and the County
Attorney's office to examine this problem and provide some recommen-
dations for consideration.
Mr. Clark suggested that amplified entertainment within 1,000 feet
of a residential area be prohibited, but allow the opportunity for an
establishment to apply for a noise permit which would allow amplified
noise for 2 days twice a year. He also suggested that the type of
noise restraints included in the construction ordinance and time
constraints be designated for establishments.
In response to Commissioner Constantine, Mr. Clark confirmed that
this is a common complaint which has been growing in frequency in the
past few years throughout the county.
Mr. Clark specified that the intent of the amendment would be
directed toward commercial use.
The fo/lowing people spoke on the subject:
Andrew R. Plumb Glenn Herriman
Grady Minor Philip M. Smithers
George F. Keller Alice Truttt
Florence Rowley Peg Nuegel
Mtcky Cooper Ed Huegel
Commissioner Volpe asked how the City of Naples deals with the
issue of amplified music?
Page 4
May 25, 1993
Mr. Clark replied that the City of Naples allows only one per-
former to entertain without amplification.
Commissioner Volpe stated that uniformity between the unincor-
porated area of the county and the City of Naples is necessary to
address the competitive advantage and also demonstrate that the
concerns for the residents in the unincorporated areas are as great
as those in the City of Nap/es, but he would like more specific infor-
mation on how the City of Naples is dealing with this issue.
Commissioner Norris acknowledged that the current law is not
effective from an enforcement aspect. He noted that the distance, the
hours of operation, and the amount of time established in the noise
permits and residential noise pollution from amplified music should be
discussed in the public hearings along with input from commercial
establishments.
Commissioner Matthews suggested that the problem may be elimi-
nated by prohibiting the use of amplifiers.
Commissioner Saunders advised that a possible solution could be
self-regulation of the commercial establishment. He recommended the
establishment of a committee to check on the sound level of each
establishment with outdoor music as an alternative to an outright ban
of amplified music.
Commissioner Constantine declared that the answer is not self-
policing since the sstablishments have had the chance to cooperate and
have not done so to date.
Commissioner Saunders reiterated that if the o~rners of the
establishments are involved in the re~ulation and realize that the
Board has the ability to ban amp/if/ed music completely, cooperation
will be achieved.
Commissioner Saunders requested that Mr. Clark provide information
from other communities as to how they regulate noise, the possible
establishment of time limits, the lowering of decibel levels of the
bass and the possible establishment of a Board composed of some mem-
bers of the industry as well as concerned citizens who will monitor
Page 5
Hay 25, 1993
various establishments.
T~pe ~
Th~ con~e~ of th~ Board ~ that Staff be directed to re~iraft
for public bearing an a~end~ent to the noise ordinance within 28 day~;
to orgaatze a self-policing acttvttT; to d~vtse possible tim reetric-
tlone; to review the distance restrictions; to review the number of
an=ual event p~r~ite; and to address the difference bet~eeen commercial
and r#idential uses.
Deputy Clerk Roff~n rep/aced Recording Secretary Carney
at this time ***
SITE PLAN FOR A PARE LOCATED ADJACENT TO BIG CYPRESS
A~~ ST~ TO ~GOTIA~ ~ V~IOUS ~0~ ~ ~ ~
~L ~ ~ ~ATI~ DKSI~ OF FACILITIES & ~ING
P~~RIP
Public Services Administrator Olltff recalled previous Board
direction for staff to pursue properties located on the corner of lOth
Street S.E. and Golden Gate Boulevard (site #9), and adjacent to the
Big Cypress Elementary School (site #1). In addition, he remarked
that staff was directed to land bank a 56 acre site on Immokalee Road
for a future park site and develop options for its use.
Mr. Olllff reported that two of the three property owners of site
#9 Indicate they are not interested In selling their properties to
Collier County.
Mr. Olliff explained that there are four property owners asso-
ciated with site #1, which is comprised of 15 acres and ties Into the
vacant recreational properties of Big Cypress Elementary School. He
advised that two of these property owners have returned contracts
indicating they are willing to sell their properties, and one of these
parties has requested if there are counter-offers that she be apprised
of aa~e.
Mr. Olltff stated that the two most adjacent sites to the school
can be purchased for $61,000. He related that staff has determined
Page 6
~ay 25, 1993
that the fair market value is $12,000 per acre, however, these pro-
perty owners are asking $12,100 per acre. He indicated that staff is
recommending that a purchase contract be executed for these proper-
ties.
Mr. 011iff related that staff is anticipating receipt of the
contract on the next 5 acre property. He noted that a counter-offer
of $16,000 per acre has been received for the last 5 acre site, but
staff recommends that this not be accepted. He requested that staff
be authorized to negotiate with the property owner to see if he would
be willing to lower the price of his property.
Mr. Olliff detailed the tentative site plan, as depicted in the
Executive Summary, and explained the two phases of the park. He
remarked that a shared entrance is proposed from Golden Gate
Boulevard. He suggested that the site plan be amended to delete the
park entrance from 1st Avenue. He revealed that the cost for Phase !
is $1,300,000.
In response to Commissioner Volpe, Mr. 011iff stated that the bulk
of the $1.3 million is associated with the softball fields.
Mr. George Keller spoke with regard to this item.
Mr. 011iff requested that the Chairman execute the two agreements
of Sale for the Sells and Mangiafrtdda properties, subject to review
by the County Attorney; that the Mangtafridda agreement be amended to
include the $500 counter-offer amount; authorization to purchase the
Taylor property at a not-to-exceed figure of $12,100 per acre; staff
to negotiate with Parker; staff to work with School Board regarding
tentative designs and possible funding partnership relating to the
construction of facilities.
Oo~tasloner Norris moved, seconded by Commissioner Constantine
~n~ o~z~iedu~antmously, to mpprovs staff's reco~n~atton as outlined
by Mr. Olltfl.
NOTE: Agreements not received in Clerk to Board office
as of July 19, 1993
Page 7
May 25, 1993
(?~o)
~ DIreCTIVES TO TIrE NORTR COUI~IT R~GIONAL #A~ TREA'I')~I[T PLA]~
C~IUN COI~I'RACT WII'R GREAT NO~IN~I~I' CONSTRUCTION CO. - APPROVED
Assistant Utilities Administrator Bloetscher stated that this Item
is a request to approve work directive changes to the construction
contract with Great Monument Construction Company for the North County
Regional Water Treatment Plant.
Mr. Bloetscher pointed out that the work directive with regard to
modifications to the Injection well connection requirements resulted
in additional costs of $121,000.
Mr. Bloetscher advised that the second directive is for the
installation of a Pig Launcher which was not included in the original
contract. He explained that this system scours the pipes and removes
slime and bacteria from the lines.
Commissioner Matthews voiced concerns relating to the additional
costs a~sociated wlth the contract.
In response to Commissioner Matthews, Mr. Bloetscher reported that
DER will be requiring this facility to be completely enclosed. He
announced that staff is currently seeking prices for a pair of doors
for the coring storage area of the plant.
C~tlliOner M~tthe~ ~oved, eecond,~ by CoW-tlltOner Volpe ~nd
carried unanimously, to approve the work directives ms stated in the
Executive Summary.
(g?o)
Ite~M1
· TATU~ ~ ~]~NING DRAINAQE PROBLEM~ IN THE VICINITY OF YARBERRY
LANE - ~tEPO~T ACC][PTZ~D; STAFF TO PROCEED WITH ~ ACTION~
Engineering Project Manager Wiley provided the Commission an
update with respect to a petition for assistance to correct drainage
problems as presented on March 2, 1993, by the residents of Yarberry
Mr. Wiley advised that staff has investigated the site in addition
to performing an elevation survey of the ditches. He noted that staff
Page 8
May 2§, 1993
has worked out a concept to alleviate these problems on a daily basis.
He reported that the Road and Bridge Section cleaned out the roadside
swales and culvert pipes.
Mr. Wiley reported that because water has been bermed up by the
Crossings, Orange Blossom Drive created a berm to the north and the
Arbor Walk Apartments created a berm to the south and the residents of
Yarberr¥ Lane found themselves at the bottom of the Basin.
Mr. Wiley stated that the developer of Arbor Walk constructed the
parameter swale which was uphill and the Road and Bridge Section
installed a swale as it should have been placed.
Mr. Wiley revealed that staff will continue to monitor this
situation through the wet season to ensure that the water flows in the
manner which it should flow.
Mr. Wiley reported that there is a Letter of Agreement with the
owner of Sweet Bay Nursery to discharge excess water into the Orange
Blossom system. He noted that staff is attempting to obtain an ease-
ment off Anthony Court in order for the water to flow to a culvert
underneath Airport Road.
Mr. Wiley stated that staff has implemented a p]an which would
handle a typical rain storm.
The fo/lowing persons spoke with ruGard to this item:
Eugene Cox
Rhonda Yarberr¥
Co,missioner Volpe ~ov~d, seconded by Co~isstoner Norris an~
dire~ted to complete the activities as listed in the action plan.
]~~DATION TO AO~EPT TEMPOKAN~ D~AINAOE EASEMENTS AND LICENSE
A~E~M~NT TO ALLO~ PON THE ~E~OYAL OF RUSH AND OTHE~ VE~ETATI~
OBSTK~'TIONS IN THE ~ONDON NI~rg~ EXTENSION CHANNEL, NONTH OF ~OLDEN
~ATE PARENAY - STAFF TO MOVE AHKAD NXTH P~0/EOT CONTIWOENT UPON
WRITTEN CO%~I~ FRO~ PROI:~RTY OWNERS RE PE-~:NT EASEMENTS
Engineering Project Manager Wiley explained that this item is
being presented as the result of a petition filed by the residents of
Page 9
May 25, 1993
Collier County and heard by the Commission on January 5, 1993. He
recalled that the petitioners requested that the Board intervene with
action to assist with the removal of exotic vegetation and obstruc-
tions in the lower regions of the Gordon River Water Shed, north of
Golden Gate Parkway.
Mr. Wiley stated that staff has obtained, at no cost to the
County, the easements, as directed by the Board. He noted that tem-
porary easements have been obtained from two of the land owners and
there is a license agreement from the third property owner. He
requested that the Commission accept the temporary easements and the
license agreement for a one year period.
In response to Commissioner Volpe, Mr. Wiley reported that the
flooding is impacting residents from Poinciana Village, Wilderness
Country Club, High Point Country Club, Royal Poinciana Country Club,
Country Club of Naples and Forest Lakes.
Mr. Wiley indicated that the temporary easements are quite wide
and wall allow staff to do the clearing, identify the location of the
channel and come back with the permanent easements.
In answer to Commissioner Volpe, Mr. Wiley explained that the
affected property owners have been advised that staff will be in the
area surveying, locating the channel, identifying the easement and
then st~ning off on the permanent easement.
Commissioner Saunders remarked that approval could be granted con-
tingent upon obtaining an informal understanding in writing from the
affected property owners that they will cooperate.
Mr. Paul Frank spoke with regard to this item.
Commissioner Norris cited concern that the temporary easement
would not solve the problem. He concurred that an agreement from the
affected property owners would solve the problem.
Co~eeloner Norrte ~ov~d, ~econded by Co~aleeloner Volpe ~nd
carried unan~=u~l¥, that ataff ~ove forward w~th the project, con-
tlng~nt upon obtaining · written co.air.ant fro· the property owners
~n~tcattng that pera~nent easements will be available once the
· pprop2'iate locations ~re ~dent~fJed, w~th no cost to the County.
May 25, 1993
(22ss)
11[CKEA~ TO TH~ PUll'HAIl ORDER WITH WILSON, MILLKR, BARTON & PETE,
INC. R~ ~IT~L~M~NTAL A~REEMENT NO. 2 TO AGREEMENT FOR P~0FESSIONAL
SEI~rZC~ TO I~IRIrIsH RESIDENT PROJECT I~EFR~SE1TrATION FOR THE NAPLK$
PRO~ON Pft~E M.S.T.U. - ~~
Office of Capital Projects Management Director Conrecode remarked
that this Item ts a request for approval of additional funding under
Supplemental Agreement No. 2 provided for project representation
during the construction phase of the Naples Production Park project.
In answer to Commissioner Constantine, Mr. Conrecode explained
that the removal of rock, evaluation of an alternate road, and a sup-
port system in one of the roads are specific occurrences that required
additional services.
C~ieetoner Yelps ~oved, ascended by Conisstoner Saunders and
c~I~d 3/2 (Commissioners CoF~tantine and Natthm opposed), to
&pprov~ an Increase to the purch~Je order with #tlmon, Miller, Barton
& Peek, Inc., related to $uppleMntel Agreement No. 2 for the Naples
Production l~rk M.S.T.U. project.
(2elS)
lte~H2
ONE ~ ~ETENSION TO CONTRACT NO. 91-1779, BEACH CLEANING OP~RATION~
ON MARCO XSLAND - APFROVKD
Commissioner Volpe remarked that it is being requested to take
additional funds from Fund 159 for this year's beach cleaning opera-
tions.
Office of Capital Projects Management Director Conrecode explained
that this would be covered in the overall reimbursement mechanism from
the TDC. He noted that a different fund and cost center could be
established once the revenues become available for the TDC.
Mr. Conrecode related that Fund 159 is the operating account for
raking and any other services approved by the Board. He affirmed that
Fund 159 will remain a beach maintenance fund.
Com~iasion~r Norris ~oved, eecon~ by Com~tmsicmer Con~tintine
~nd =lrrled 4/1 (Co,missioner Yelps opposed), that Contract 91-1779 be
ext~ for on~ y~ar in the maount of $20,400.
Page 11
May 25, 3993
~t~&
D~"U~ZO~ T~ CI~JtTION OF & COLLI~ COUFI'Y ~I~'ORT &UTHORITY -
0E)I~&L"I 'lO E~ AI~F&~?I$~ ER FUBLZC R~.RING IN 2~ D&Y~
County Attorney Cuyler advised that this item is the result of
Board direction to bring back for discussion purposes an ordinance
which addresses the draft as submitted by the Economic Development
Council (EDC), relating to the establishment of an Airport Authority.
County Attorney Cuyler stated that the draft of the ordinance, as
provided in the Executive Summary, has been reviewed by the EDC.
The following persons spoke with regard to this item:
Dudley Goodlette
Scott Cameron
George Keller
Commissioner Volpe cited that an economic pro forms has not been
developed for the airport. He noted that a part of the analysis
should include a pro forma.
Commissioner Constantine remarked that the Airport Authority is a
group of people who understand aviation and the economic development
of an airport, are the people who should put together a pro forma.
In response to Commissioner Matthews, County Attorney Cuyler
stated that there have been discussions with regard to the County
Manager's Ordinance and whether a dependent authority with a fair
amount of latitude that is basically se/f-running, with the exception
of the budget and certain other things, can exist. He indicated that
he has concluded that the County Manager's Ordinance needs to be
amended to address this type of situation.
Commissioner Matthews remarked that the Director would be a slave
to two masters and this would create problems.
Commi~toner Constantine ~oved, seconded by Co~tsmioner Matthew~
~d c~/'rted &/! (Co~m~seloner Vol~e opposed), that the County Attorney
be directed to advertise the ordtn~cs cra&ting a Collier Count~
Airport Authority for public he~rtng tn 28 days.
20
Page 12
Hay 25, 1993
DISCUSSION KE AM~ND$1ENT OF SOLID WASTE ORDINANCE -
ADV~$~fISED FOR FUBLIC HEARINg IN 63 DAY~
Assistant County Attorney Wetgel provided a handout relative to
proposed amendments to the Solid Waste Ordinance to provide for fair
service with appropriate pricing for condominiums and homeowners asso-
ciations that are currently receiving dumpster type pickup but paying
for curbside service.
Assistant County Attorney Weigel called attention to the proposed
amendatory language contained in Section Twenty-One of the Ordinance,
"Exemption Permits for Commercial and Residential Property".
Referring to Page 2, Paragraph 3 of the handout, he noted that Solid
Waste Staff is suggesting that the thirty (30} days for processing be
changed to sixty (60) days to allow staff capability to handle the
administration of the applications that may be submitted.
Commissioner Constantine reported that there are approximately 20
different condominium complexes within the County that would benefit
by the amended ordinance.
Assistant County Attorney Weigel explained that those residential
units that opt for commercial service are opting out of curbs/de
recycling service.
Co~i~loner Constantine ~oved, seconded by Co~atee~oner Voll~e and
carried ~na~imou~ly, that staff be directed to adverti~ the
A~e~h~wnte to the So/id Namte Ordinance for public hearing tn 63 days.
ese 1%~d: 12:30 P.M. - Reconvened: 1:25 P.M. at which tt~e
Re~ordln~ Secrataz~ ~uevln replaced Deputy Clerk Hoff~an '**
(~22)
OKD~I&ilCZ ~3-2& t~Z ~ 1992 Ctl~ I(AN~]rr ~ XI(Z]I~M~S -
~ U AMEHDED; AND OKDINANCE 93-25 RE STIPULATED K~]~EDIAL
AJ~ ][~ B~ ADNINIST~ATION COI~9IISSIONFINAL 0~[DER NO.
AC-9~.-OS~ -~
Legal notice having been published in the Naples Daily News on May
6, 1993, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened.
Page 13
Nay 25, 1993
Start Litsinger, Growth Management Section Chief, provided the
Board with an overall review of the 1992 Amendments to the Growth
Management Plan, as well as the remedia! amendments reql/~red by the
Admin~stration Commission's Final Order, which are being proposed for
adoption in conjunction with the 1992 amendments. He suggested the
Board take a straw vote on each individual set of amendments, followed
by an overall vote at the end of the presentation.
Mr. Lits~nger referred to the 1992 Capital Improvement Element
(CIE) Fourth Annual Update and Amendment, which he stated includes
revisions to three Level of Service (LOS) Standards; Jail beds,
library collection and solid waste tons per captta. He pointed out
changes necessary to comply with the Stipulated Settlement Agreement
have been incorporated into this amendment. He reported the
Department of Community Affairs (DCA) has recommended the Board adopt
the CIE as presented. He noted by lowerlng the LOS for Jail beds to
.0024 per capita, the necessity of an additional Jail expanslon can be
delayed until 1996. However, he said, the LOS Standard for library
books ia proposed to be Increased from the current one per capita to
1.25 volumes per capita by FY 97.
In response to Commissioner Volpe, Mr. Litsinger Indicated a $3.50
increase in the Library Impact Fee, additional State revenues and a
total increment of SI-million over five years in addit~onal ad valorem
taxes will account for the total cost necessary to expand the library
collection to 1.25 volumes per capita.
Mr. Lttstnger next referred to DCA's objection to deleting from
the CIE, all capital improvement pro,acts related to drainage as well
as a utility fee system which was proposed as the revenue source. He
explained DCA felt that Staff did not present adequate data and analy-
sis to establish the fact the capital improvements in the drainage
program are not needed to maintain the adopted LOS standard.
Commissioner Constantine pointed out a typographical error on the
bottom of page 63 of the agenda packet, stating 1992 should be
corrected to read 1993. He also asked that the first sentence of
BOOK O00PXG[ 22 Page
May 25, [993
County Staff Recommendations on page 62 be reworded for a less nega-
tive connotation.
In response to Commissioner Volpe, Timothy Cannon with DCA,
explained their main concern is the de/et/on of drainage projects
prior to Collier County's Stormwater Management Master Plan being
completed. He said they are asking that the Master Plan be submitted
with these documents. He cautioned that until they see the Master
Plan, DCA's position on this issue is unknown.
Mr. Lltsinger informed the Board that it is Staff's intention to
submit the Master Plan with these amendments.
Mr. Litsinger next referred to Attachment IV on page 171 of the
agenda package, which he explained incorporates the necessary amend-
ments to the CIE's policies, schedule of capital improvements, revenue
policies and sources of revenue to comply with the Administration
Commission's Final Order.
In answer to Commissioner Volpe, Mr. Litsinger reported the reve-
nue shortfall anticipated for the Library Collection is $1.8-million
over the next five years, of which approximately SI-million was
created by the Board's previous decision to enhance the LOS Standard.
He said the remaining $800,000 is the result of the existing defi-
ciency, which totaled $4-mtllion in 1989.
Mr. Lttslnger noted as the result of DCA's courtesy review of the
proposed remedial amendments, Staff has drafted Policy 1.4.5 as shown
in Staff's revised agenda package. He said that Policy delineates the
areas within Collier County to be supplied with public facilities and
services with public funds. He also mentioned as part of the revised
agenda, pages 176 through 180 have been changed to include "and ser-
vices" wherever "public facilities" is referenced. He advised the
Concurrency Management section has been rewritten to include State
criteria providing if public facilities are deficient, the developer,
with Board of County Commissioners' approval, is allowed to provide
those public facilities to raise the LOS so the development can go
forward. He noted the Adequate Public Facilities Ordinance will be
Page 15
May 25, 1993
rewritten by October 1st to Incorporate these revisions.
Mr. Lttstnger referred to Policy 1.5.3, as contained in the
revt~ed agenda package, which outlines the concurrency requirements of
the Traffic Circulation LOS Standards.
Responding to Commissioner Volpe, Mr. Lttstnger stated under the
Settlement Agreement, Collier County technically has an additional
year to have road projects under contract. He explained tn previous
policies, the County had a five-year window to eliminate all deficien-
cies, which ended on September 30, 1994. He said under the new poli-
cies, Collier County has three years, starting in the current year, in
which to eliminate any existing deficiencies. He elaborated if the
project and the necessary funds are included tn the first three years,
even though the road may be currently deficient, the County can rely
upon it for Issuance of Development Orders, as long as it is under
construction by the end of the third year. He noted on the other
hand, Collier County is now required to enter and adopt a commencement
date for actual construction and estimated date of project completion
when the projects will be tn service. He said this, in addition to
the projects themselves, can only be changed by Growth Management Plan
amendment, and after July 1st, no Growth Management Plan amendments
will be effective until they are found in compliance.
Commissioner Volpe Inquired what will happen if a project ts under
construction and the County runs out of available funds to complete
the project?
Mr. Cannon assured the Board that what ts critical to DCA ts
meeting the test for concurrency when a permit ts Issued. He said
providing an estimated date of completion only gives persons
interpreting the Growth Management Plan an idea of when the project
will be in place.
Mr. Litstnger next referred to replacement page CIE-52, which he
stated is the synopsis for the adopted portion of the CIE, and
establishes the financial feasibility of the CIE.
Commissioner Volpe questioned if Collier County is allowed to
Page 16
Hay 25, lg93
claim credit for school library inventories?
Mr. Litsinger reported the books must be available to the general
public and under the control of the Board of County Commissioners,
which is not the case with school libraries.
The following person spoke regarding this item:
Sewall Corkran
Commissioner Saunders suggested the Board to take a straw vote on
the amendments presented to this point.
Commissioner Norris disagreed with increasing the library collec-
tion to 1.25 books per capita.
Commissioner Volpe concurred, adding his concern with creating a
deficiency of $1.8-mtllton for that purpose.
Upon wTrm~v~tm, it m the con~ensu~ that thm Librmr~ LOS
d/m~ ~tm ~ a~r~ ~ pre--ted. (C~tmmlo~r
T~ 94
Dt~e Ho/ling with Long Range Planning, presented the proposed
amendments to the Traffic Circulation Element, and reported there were
no DCA obJect~ons. She h~hltghted a few minor chan~es made sub-
secant to the last transmittal to DCA.
~ et~ ~te, ~t ~ t~ con~ to a~r~e t~ c~ee ~
~ ~ t~ ~mfftc Clr~latt~ gl~nt.
Blll Lorenz, Environmental Services Administrator, presented the
changes to the ~bltc Factlt~les Element, Solid Waste Sub-Element. He
stated there were no DCA objections.
~ ~ ~te, it m the co~ to a~rm the ch~
u ~t~ to t~ Solid W~te
Mtchelle Edwards-Arnold with Lon~ Range Planning, presented the
amendments to the ~ture Land Use Element (FLUE}, which have made for
either legal clarification, simplification of policy or to make
lan~a~e conststen~ with the Land Development Code. She said DCA had
May 2§, 1993
no objections to the textural changes, however, one minor change was
sade as the result of a recommendation from the Collier County
Planning Commission (CCPC). She specified a change was made to
Amendment g on page 296 to allow smaller properties to be waived from
the 40,000 square foot minimum acreage limitation. She said Staff
feels the problem can be rectified through an interpretation, there-
fore, a language change ts unnecessary. She mentioned she has since
spoken with the petitioner who requested the change, and they have no
objection to striking the additional language recommended by the cope.
She concluded that changes were also made to the FLUE Maps, with no
DCA objections noted.
Ms. Edwards-Arnold continued, stating the petitioner of Lely Lakes
PUD has requested an amendment to the FLUE through Petition CP-92-01,
however, DCA objected and requested additional data and analysis to
support the suitability for urban development of some of the lands
that were being modif~ed. She said after speaking with DCA, the two
parcels they referenced tn their objection were already in the urban
designated area. She indicated the map has been clarified and as a
result, no additional data is necessary.
~ ~tra~ vote, tt was the co~ to approve the a~nd~nte to
the F~ am~ FLUE ~p~ u presented [~/ ~taff, including the deletion
of the 1~ rec~en~ by the CCPO.
Ms. Edwards-Arnold next presented the proposed changes to the
Golden Gate Area Master Plan. She advised most of the changes are
housekeeping items to maintain consistency with the LDC. She called
attention to Amendment J, page 416 of the agenda package, noting DCA
objected to providing public facilities within the southern Golden
Gate Estates area. She said Staff ts recommending changes to that
amendment adding the language indicated tn Section C.I., on page 418.
Ms. Edwards-Arnold called attention to the map on page 429
depicting the Golden Gate Estates Neighborhood Centers. She recalled
~n July, 1992, the Board directed Staff to look at the interior neigh-
borhood centers located at Wilson Boulevard and Golden Gate Boulevard,
Page 18
May 25, 1993
Everglades Boulevard and Golden Gate Boulevard and Everglades
Boulevard and C.R. 858. She said after re-evaluating those locations
in terms of their accessibility to residents, Staff has concluded
there is adequate commercial within Golden Gate Estates and the adja-
cent area to serve the current population; however, at some time in
the future, there may be the need for additional commercial, as well
as Conditional Use needs, in that area. She said Staff continues to
recommend that those areas be redesignated as Future NeIghborhood
Centers to have the flexibility at a later date to reevaluate those
types of needs in the area. She stated that recommendation was pro-
vided to both the CCPC and the Board during the transmittal hearings,
however, the Board transmitted another option to DCA, which is
depicted on page 431. She elaborated that two of the three previously
discussed neighborhood centers were removed, and the center at Wilson
Boulevard and Golden Gate Boulevard was redesi~nated as a future
neighborhood center. She said the only remain~ng existing neigh-
borhood center is at C.R. 951 and White Boulevard. She concluded on
May 6, 1993, the CCPC forwarded their previous recommendation to the
Board, which was to leave the neighborhood center at Everglades
Boulevard and C.R. S58, redestgnate Go/den Gate Boulevard and
Everglades Boulevard as a future neighborhood center and redesi~nate
one-half of the center at Wi/son Boulevard and Go/den Gate Boulevard
as a future neighborhood center, with the other one-half remaining as
an existing neighborhood center.
The fo/lowing people spoke regarding this item:
George Keller
Richard Faust (with packet)
Normal Taylor
Frank Dellecave
Don
Martha Vassoler (with packet)
Gena Gundeck (with packet)
Neno $. Spagna (with packet)
Chuck Stephan
Earnest Morris
Claire Holecko (with photo)
Jim Gebble
Dr. Robert Gore (with packet)
Commissioner Constantine commented he is getting mixed messages
from the residents of Golden Gate Estates, who on the one hand want
~ark facilities in their neighborhoods because they do not want to
drive three or four miles to the ~6-acre site on Immokalee Road; yet
Page
May 25, 1993
another ~roup are now saying they do not mind driving to stores and do
not want neighborhood centers near their homes. He proposed that the
three interior neighborhood centers be restored in Golden Gate
Estates.
~a ~ter P~ ~ pr~A~ly tr~itted to ~A.
Ms. Edwards-Arnold next referred to the Immokalee Area Master
Plan, stating most of the changes were either date chan~es as the
re~lt of a shift An pro,ram priorities or for consAstency with the
L~. She referred ~o page 472, noting one objection was received from
DCA concerning the date changes. After discussions with DCA, she
said, Staff has concluded that deletion of those dates wall rectify
their objections. She indicated the remaining changes were merely
ecrAve~er'~ errors.
Co~tssioner Saunders stated the public hearing ~s closed.
~~i~ Norris ~v~, ~c~ ~ C~tsstoner C~t~i~
~ c~t~ ~i~ly, to a~r~e all reco~nd~ c~es with the
~c~tt~ of t~ ~ld~ ~te ~sta~es net~rh~ cen~ers.
~i~t~r Vol~ ~, second~ ~ Co~tsstoner ~tth~ ~d
c~t~ ~/1 (C~issl~r Co~t~ti~ o~sed), t~t the neigh~r~
c~t~ wi~ ~1~ ~ate ~ ~let~ in accor~ce with t~ tr~lt-
~~i~ Vol~ ~, ~c~d ~
c~i~ ~~ly, to a~ t~ 1992 ~r~h
~~ wi~ t~ c~ to the ~1 of Se~lce StUd for
li~ ~~, ~ t~t ~dl~ce 93-24
~to ~ ~k ~o. 60.
~ 2~, 1993
carx'ied uriani~Asly, to approve the Stllmlate~ Remedial A~en~ents
r~qutre~ by A~alntstratton Commission Final Order lo. &C-93-036, ami
that Or, inmos 93-25 be adopted and entered Into Ordinance Book No.
60.
see ~M~O~c 4:05 P.N. - R~conven~d: 4:25 P.M. at ~htch tl~e
R~ ~cretary Carney replaced Recording Secretary Ouevln '''
Tape
(e)
Legal notice having been published tn the Naples Dally News on
April 8, 1993, as evidenced by Affidavit of Publication flied with the
Clerk, public hearing was opened.
Planner Scheff explained that this petition was continued from May
li, 1993, and gave the location of the property noting it is located
tn an activity center.
Philip $cheff, Current Planning, provided a memorandum detailing
the designated uses which were tn question at the last meeting.
Commissioner Saunders asked the petitioner if they are in
agreement with the deletions agreed upon by the Board of County
Commissioners.
Mr. Carl Barraco, Johnson Engineering, Inc., stated that the peti-
tioner is in agreement with the deleted uses presented.
The following people spoke on the subject:
John Levtne Jerry Brown
In response to Commissioner Norris, Mr. Barraco stated that even
if the project is planned and permitted for construction the project
cannot be built before two years.
In answer to Commissioner Matthews, Mr. Barraco confirmed that
gasoline service stations and drive-thru restaurants without indoor
seating will be eliminated from the PUD, a landscaping buffer will be
extended to 30 feet and the mitigation donation will be completed
Page 21
May 25, 1993
within six months.
Co.missioner Matthews asked for a general idea on how the property
will be built up and Mr. Barraco replied that incorporating the
mitigation preserve area located on the property would result in a
very unique project, which would include both retail and professional
USES.
Commissioner Norris recalled that a 5 foot buffer with a 5 foot
masonry wall for the southern boundary was previously discussed, but a
5 foot buffer or a 3 foot landscaped buffer/masonry wall is Included
in the PUD document.
Mr. Barraco agreed that a 5 foot landscape buffer and a 6 foot
masonry wall would be used for the southern boundary.
Commissioner Saunders closed the public hearing.
~~Volpe love2, ~econded
~~ ~~2y, to a~r~ Petition ~-92-9 with t~ stt~la-
tt~ ~ ~ t~ Collier C~W Plying Co~tsslon; those noted
~ ~ ~F~ ~t~ ~ 25, 1993;
~~ ~f~ w~th a 6 f~t ~~ ~11 for the s~t~ ~~;
~ t~ m~t~t~ ~t~on to ~ c~let~ w~th~n
~~ ~~ 93-26 ~ ~er~ ~nto Ord~ce ~k No. 6~.
(642)
I~2B2
~I~ ~s-27 ~ ~ITION ~9~-~ ~STIN~HOOSZ O~ITIZS, INC.
~ J ~ ~ ~A~ ~ 'A-ST
Legal notice having been published in the Naples Dally News on May
5, 1993, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened.
Ron Ntno, Current Planning, remarked this project will consist of
780 assorted dwelling units situated on approximately 1,086 acres, far
less density than required by the Density Rating System.
Mr. Ntno reported that the project is entirely consistent with the
Growth Management Plan.
30
Page 22
May 25, 1993
Mr. Wino emphasized that the relocation of the Pine Ridge Canal
will have no effect on the ground water level.
Mr. Nino noted that the Collier County Planning Commission recom-
mends approval of this petition, adding that no one spoke in opposi-
tion to this project.
Susan Watts of Westinghouse Communities, Inc., outlined the pro-
Ject and described the surrounding land uses. She stated that the
goal of Pelican Marsh is to exceed the self-imposed standards of
Pelican Bay.
Me. Watts explained that the Department of Community Affairs has
reviewed this project and requires that a Development of Regional
Impact (DRI} be submitted in the Fall of 1993.
Alan Reynolds of Wilson, Miller, Barton & Peek, Inc., detailed the
PUD and mentioned that the project may be re-reviewed when the DRI is
brought back before the Board. He called attention to the Cocohatchee
River Strand Restoration plan which is planned as a feature of the
community, along with an on-site mitigation bank which would be the
first in Southwest Florida.
In response to Commissioner Norris, Ms. Watts indicated that the
wastewater treatment plant is depicted on every plan including this
public document which will be adopted by ordinance. She described how
the water treatment plant will be far from the development and noted
that the plant is adjacent to Goodlette-Frank Road and a golf course
and canal will also be adjacent, stating that 900 feet would separate
the plant from any residence.
Commissioner Volpe asked what would happen to the PUD if the DRI
is not approved.
Ms. Watts acknowledged that if the PUD is approved today, it will
stand on its own as an adopted ordinance, so that even if the DRI is
not approved, the PUD will remain.
In response to Commissioner Volpe, Ms. Watts noted that although
this project will impact Vanderbilt Beach Road, it will not reduce the
level of service by more than 5~. She added that the cost for design,
Page 23
May 25, 1993
permitting and construction of the Goodlette-Frank Road overpass
structure, to accommodate up to six lanes, is not the County's respon-
sibility, but that of the development entity.
Ms. Watts clarified that there is a two party agreement between
the County and Westinghouse which stipulates the parameters for the
permitting of Vanderbilt Beach Road and states that the developer will
receive an impact fee credit.
Commissioner maunders closed the public hearing.
Co~a/~toner Volpe moved, ssconded by Commissioner Matthm ~nd
ClZT~ed I~In~lo~lly. to approvs Pettt~on PUD-93-! with the condit~on
that the Preliminary Development Agreement would be signed and
rwtmmed to the County before any preltatnary sits development appro-
vml8. tint, bT mdoptlng Ordinance 93-27 u entersd into Ordinance Book
lo. 61.
It~O~,UT~OII 93-2~3 RE ~TZ0~ AV-92-024~ TO VACATE PORTIOI~ O~ TRACT A
AJ~D ~,,OC~BLOCA'I'~D O~ ~ PLAT O~WELLINI~'O~ AT LO~E OAK, U]II~ TI~ -
Legal notice having been published in the Naples Daily News on May
9, 1993, and May 16, 1993, as evidenc~d by Affidavit of Publication
filed with the Clerk, public hearing was opened.
Commissioner Saundera stated that this item will be heard in con-
~unction with Item #16A? and Item ~16A8.
Russ ~uller, Transportation Services, described the location of
the property and explained that the petitioner wishes to revise the
alignment of a road and three and one-half lots and replat the com-
panion item.
Mr. Muller revealed that Staff recommends approval based on let-
ters of no ob~ection and because there would be no adverse effect on
access to other properties.
Commissioner Saunders closed the public hearing.
Comm/~toner Vo~pe moved, ~econded by Commissioner ~orrtm and
carrted unantmou~ly, to approve Petition AV-92-024, thersb~ adopting
Resolution 95-213.
~ay ~5~ 1~93
(2?38)
Ztem ,12C4 - Bored from
/"/HAL PLAT OF 'LEXINGTON &T LOI~ OAK UNIT ONE' - APPROVED
This item was heard In con]unction with Item #12C4 and Item #16A8.
c~rl~ ~lmly, to a~r~e the ft~l plat of ~xln~on
0~, ~lt
Page 25
Nay 25, ~993
(2738)
Ztem,12C4 - move~ from #16&8
FIN&L PLAT OF "L~XZNG?ON &T LON~ OAK UNZT TWO" - APPROVED
Th/s /tam was heard in con,unction w/th Item #12C4 and Item #16A?.
Comtaatoner Volpe moved, aeconded by Comteatoner Norrll and
carried ttnanls~asl¥, to approve the final plat of Lexington at Lone
O~k, Ua/t TWO.
Page 26
Hay 25, 1993
(1700)
Item ~12C3
RESOLUTIONS 93-212A RE CEX-O13-NI/A; 93-212B RE CEX-O22-MI/A; 93-212C
RE CEX-O32-MI/A= 93-212D RE CEX-033-MI/A; 93-212E RE CEX-034-MI/A;
93-212F RE CEX-O35-NI/A= 93-2120 RE CEX-O36-MI/A; 93-212N RE
CEX-03?-MI/A= VARIOUS PROPERTY OWNERS, DENYING THE APPEAL OF THE LONG
RANGE PLANNING DIRECTOR'S DETERMINATION ON THE COMPATIBILITY EXCEPTION
APPLICATIONS FOR PROPERTIES LOCATED ALONG BALD EAGLE DRIVE AND
WA~Y DRIVE ON MARCO ISLAND - ADOPTED
Legal notice having been published in the Naples Daily News on May
9, 1993, as evidenced by Affidavit of Publication fi/ed with the
Clerk, public hearing was opened.
At this time persons providing testimony regarding this petition
were sworn in by County Attorney Cuyler.
Barbara Cacchione, Long Range Planning, explained that eight pro-
perty owners are appealing the Compatibility Exception Applications
which were fi/ed pursuant to the Zoning Reevaluation Ordinance.
Ms. Cacchione reported that there are two consistent incompatible
zoning districts on this property.
Ma. Cacchione stated that the original petition request was to
retain the C-1 zoning, however, the petitioners have modified that
request to an RMF-12 district with 6 units per acre.
Commissioner Saunders closed the public hearing.
Comteetoner Norris moved, seconded by Co~testoner Volpe and
carried unanimously, to deny the application and direct Staff to pre-
Gent a rezone for RMF-12 with · density cap of 6 units per acre,
there~ adopt1ng Resolutions 93-212A through 93-212H.
Page 27
May 25, 1993
(2096)
Ztel #12C5
ORDINANCE 93-28 RE THE ADOPTION OF AN ORDINANCE TO AMEND ORDINANCE
81-42, (TH~ OCCUPATIONAL LICENSE ORDINANCE) TO ESTABLISH SALES
INVENTORY LICENSING REQUIREMENTS PREREQUISITE TO SALES OF PYROTECHNICS
AND SALES OF FIREWORKS, PER THE REQUEST OF THE COLLIER COUNTY FIRE
MARSHAL'S ASSOCIATION - ADOPTED
Legal notice having been published in the Naples Daily News on May
6, 1993, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened.
Greg Swab, President, Collier County Fire Marshal's Association,
requested that the local Agricultural Department be deleted from the
approval process and the definition of the Director and all references
to the Director be changed to Official.
Mr. Swab stated that the public workshop which was required by the
Board of County Commissioners was held and all the representatives of
the ftrework's vendors approved of the proposed ordinance.
Ken Rogers, North Naples Fire District, replied to Commissioner
Constantine by relating that the purpose of the ordinance ks to pre-
vent the purchase of illegal fireworks as a result of a loophole in
the State statute. He reported that the State Fire Marshal's off~ce
recommended that an ordinance be established in Collier County to
require a vendor to apply for a permit from the Fire District, noting
the permit application would require an inventory of fireworks that
would be sold and if any fireworks not listed on the inventory were
found being sold the Sheriff's Department would have the authority to
enforce the ordinance.
Assistant County Attorney Palmer confirmed that the penalty for
the violation of the Occupational License Ordinance would apply to
this situation.
Co~tsetoner Conetanttne moved, seconded by Co~mieetoner Volpe and
carried unanimously, that Ordinance 93-28 be adopted to m~end Collier
Count-F Ordinance No. 81-42 by adding a new subsection Three to Section
43, mn~ that the Ordinance be entered tnto Ordinance Book No. 61.
Item #12C6
--
'
Page 28
May 25, 1993
ORDINANCE 93-29 ~ THE R~PEAL OF COLLIER COUNTY ORDINANCE NO. 87-96
AND COLLIER COUNTY ORDINANCE NO. 88-29; ABOLISHING THE WIGGINS PASS
AREA MUNICIPAL SERVICE TAXING UNIT AND ITS ADVISORY COMMITTEE -
ADOPTED
Legal notice having been published in the Naples Daily News on May
6, 1993, as e~ldenced by Affidavit of Publication filed with the
Clerk, public hearing was opened.
Harry Huber, Office of Capital Projects Management, noted that as
of this date no tax levy has been imposed for this M.S.T.U.
In response to Commissioner Norris, Mr. Huber confirmed that there
is no money in this fund.
Commissioner Saunders closed the public hearing.
Commissioner Constantine ~oved, seconded by Cow~tsstoner Matthews
and carried unanimously, that Ordinance 93-29 be adopted with Staff
reco~endatione, and entered Into Ordinance Book No. 61.
(.2652)
Item ~12C?
ORDINANCE 93-30 AMENDING COLLIER COUNTY ORDINANCE 86-67, WHICH
ESTABLISHED THE MONTHLY RATES, FEES AND CHARGES FOR WATER AND SEWER
SERVICES WITHIN THE COLLIER COUNTY WATER-SEWER DISTRICT BY CONFIRMING
THE METER TAPPING CHARGES - ADOPTED
Legal notice having been published in the Naples Daily News on May
6, 1993, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened.
Fred Bloetscher, Assistant Utilities Administrator, established
that the ordinance would eliminate charges so that the only remaining
miscellaneous charge would be the Meter removal or Lock charge and the
late payment fee of one-half percent per month would be a flat fee of
five percent.
Commissioner Matthews asked whether any programs for the elderly
were available.
Mr. Bloetscher replied that no programs for the elderly are in
place at this time.
Commissioner Saunders closed the public hearing.
Co~tsstoner Norris ~oved, seconded by Co~tsetoner Matthews that
Page 29
May 25, 1993
Ordiz~mnce 93-30 be adopted ~umending Ordinance 86-67, and entered into
Ordinance Book 61. Upon call for the question, the ~otton carried
4/1, (Co~isetoner Volpe opposed).
Commissioner Saunders suggested that a program for the elderly
could be established for their protection.
(2929)
Item ~13A1
RESOLUTION 93-214 RE PETITION FDPO-93-1, JOAN BROWN, REQUESTING A
VARIANCE FROM TH~ MINIMUM BASE FLOOD ELEVATION ON FROPERT~ DESCRIBED
AS 1311 EAST CHOKOLOS~E DRIVE - ADOPTED
Legal notice having b~en published tn the Naples Dally News on May
9, 1993, as evidenced by Affidavit of Publication flied with the
Clerk, public hearing was opened.
Chahran Badamtchtan, Planning Services, explained that this is an
after-the-fact hurricane variance so that the petitioner can complete
the rebuilding of an addition to the mobile home destroyed by
Hurricane Andrew. He described the location of the property and the
surrounding land uses. He noted that all reviewing agencies recommend
approval as well as Staff.
Commissioner Saunders closed the public hearing.
Colltseio~er Volpe moved, seconded by Coniestoner Matthews and
carried unanimously, to approve Petition FDPO-93-1, thereby adopting
Reeolution 93-214.
Page 30
Nay 25, [993
(3022)
Itu#13&2
R~$OLUTION 93-215 R~ PKTITZON CU-93-5, ~ILRL 1(EBON, SR., RgQU~STING
CONDITIONAL U$E 2.2.16.3.14 OF TH~ INDUSTRI&L ZONING DISTRICT FOR
REFUSE ~ FOR FROPERTY LOCATED AT 5101 SHIRLEI' STREET - ADOPTED
Legal notice having been published in the Naples Daily News on
May 9, 1993, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened.
Commissioner Volpe noted that he will abstain from voting due to
a voting conflict.
Bryan Milk, Planning Services, declared that the petitioner ks
requesting conditional use of the Industrial Zoning District for
metals recycling. He described the property and the location as well
as the surrounding land uses.
Mr. Milk explained that the Collier County Planning Commission
recommends approval and noted that one letter of opposition was
received from Snyder Recycling.
Robert Henderson of Simpson, Henderson, Savage and Carte, repre-
senting the petitioner, stated that the petitioner is now renting pro-
perty in the Industrial Park and wishes to purchase his own property.
Commissioner Saunders closed the public hearing.
Commissioner Norris moved, seconded by Commissioner Constant/ne
~nd c~rrted 4/0 (Co.missioner Volpe mbetmlned), to approve Petition
CU-93-5, thereby adopting Resolution 93-215.
Page 31
May 25, 1993
RESOLUT1'ON 93-2:16 1~ PETITION V-93-9, C,IU~0N CONSTRUCTION, RE~U~STIN(]
A 2.5 FOOT VARiAnCE FROI4 THE REQUIRED SIDE YARD 0F :10.5 I~rl' TO 8.0
FEITT FOR A L~AL NON-CONFO~ING ~STATES ZONED LOT LOCATED AT lOl-15TH
STREET $. #. - ADOPTED
Legal notice having been published in the Naples Daily News on May
9, 1993, as evidenced by Affidavit of Publication fi/ed with the
Clerk, public hearing was opened.
Commissioner Volpe noted that this petition has been heard before
and due to Staff error, the BCC advised that the fee be waived.
Robert Mu]here, Planning Services, remarked that Staff and the
Collier County Planning Commission recommends approval.
Commissioner Saunders closed the public hearing.
Co~ee~oll Matthe~ ~oved, seconded ~ Co~ss~one~ Vol~ ~d
c~rt~ 5/0, to a~r~e Petition V-93-9, there~ ~opttng Resolution
93-216.
Page 32
Hay 25, [993
(3328)
F. ESOLUTION 93-217 RE PETITION CU-93-2, TECH FOUNDATION, REQUESTING A
CONDITIONAL U~E 3 AND 4 IN THE KSTATES ZONING DISTRICT FOR A CHILD
CARE CENTER AND CLASSROO~ FACILITIES AT 5860 GOLDEN ~ATE PARKNAY -
ADOFTED (COMPANION ITEM TO SPA-93-1)
Legal notice having been published in the Naples Dally News on May
9, 1993, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened.
Robert Lord, Planning Services, described the location of the pro-
perty and the surrounding land uses.
Mr. Lord explained that the petitioner seeks to expand its faci-
lity by adding an additional 9,020 sq. ft. of classrooms, storage
areas and office space along with related parking and drive areas. He
explained this petition includes a companion item requesting approval
to share 24 off-site parking spaces.
Commissioner Saunders stated that both items will be heard at this
time.
Commissioner Volpe shared his concern regarding the shared parking
agreement, stating that parking can be accommodated on the subject's
parking area according to the site plan.
T~ ~
Tim Hancock of Wilson, Miller, Barton & Peek, Inc., agreed that
there is a financial concern to the TECH Foundation, a non-profit
organization, regarding the parking issue and further explained that a
neighbor to the property is concerned about a 24 foot aisle between
the facility and their residence. He stated that the play areas have
been carefully planned to maintain a resident/a/ character.
Commissioner Saunders closed the public hearing.
Commissioner Constantine moved, seconded by Conisslonsr Norris
~nd CmXTied unmntmonsly, to approve Petition CU-93-2, thereby edoptlng
]~J~olut ion 93-23.7.
Page 33
Nay 25, ~993
¢196)
JkESOLOTZO~ 93-218 RE PKT[T~ON SPA-93-[, TKCH I~UNDA?~0~, I[KqUKST~NG
AP~JtOVAL OF SHARED PARKING, LYING AD~ACKNT TO THE EAST PROPERTY LINK 0r
THE KX[ST[~G STEP BY STKP FACILITY - ADOPTED
Legal notice having been published in the Naples Daily News on May
9, 1993, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened.
This petition was discussed in conjunction with Petition CU-93-2.
Commtootone~ Matthe~m moved, oeconded by Commioalone~ Constantine
and ca~Fied unanimously, to approve Petition $PA-93-2, thereby
adopt~ng Jtego[utton 93-218.
Page 34
Nay 25, 1993
R.~SOLUTXOM 93-219 lq~ I~'TXT[ON CU-93-3, STERLXNG COt,IMUMXC&TXONS, INC.,
][gqO'~:~MG CONDXTXONAL USE 2.6.35.5,2.3 FOR R~PLAC~I:~]rT O~ AR' ~XIST~NG
438 FOOT GUT'ED COMMUNICATIONS TOWER, MOBILE HO~J~ AJI"D EQUIPMENT
SHELTER, LO~ATED ON THE NORTH SIDE OF GREW~ ROAD ~ST OF COUNTY BARN
ROAD - ADOPTED
Legal notice having been published tn the Naples Dally News on May
9, 1993, as evidenced by Affidavit of Publication fl/ed with the
Clerk., public hearing w~s opened.
t~ryan Milk, Planning Services, described the location of the pro-
perty and surrounding land uses. He explained that the petitioner
wishes to replace an existing communications tower due to age, and the
County Land Development Code specifies that a non-conforming tower may
be replaced subject to conditional use procedures. Mr. Milk mentioned
that the applicant also proposes to remove the existing mobile home
and equipment shelter and replace them with a 2,400 square foot
building.
Mr. Milk related that Staff recommends approval with the ter-
mination of non-permitted existing uses.
Dwight Nadeau of McAnly, Asher and Associates, P,A., agreed with
all Staff conditions.
Commissioner Saunders closed the public hearing.
Mr. Milk confirmed to Commissioner Matthews that the existing
trailer is presently being used for unpermitted uses and has been for
twelve years, however, the illegal use will not continue if this peti-
tion is granted.
Mr. Milk stated that the Collier County Planning Commission recom-
mends approval with the deletion of Items H, I and J. Commissioner
Saunders maintained that although those items may be repetitive, but
not Inconsistent to have those items included in the Resolution.
Commissioner Volpe contended that the size of the new structure is
larger than necessary. Mr. Nadeau noted that he is not in a position
to reduce any structure size without a representative of Sterling
Communications present.
Page 35
1993
C'~ssione~ Saunders ~oved, eeconded b~ Co~lssloner Constantine
and c~ied 4/! (Co~ss~oner Volpe opposed), to approve Petition
CU-9~-~ w~th the stipulat~ons ~0 ! and ~ ~ncluded ~n the Resolution,
th~rel~ ~dopting Resolution 93-219.
Page 36
May 25, ~993
Ite~#16A1
RESOLUTION 93-208 APPROVING TH~ FINAL PLAT OF RIDGE COI,~I~RCXAL
See Page 100
Item #I6A2
~ATER'JkWD S~lg~t FACILITIES ACCEPTANCE FOR NAPA ~~ - ~
~I~TIO~
Xt~el6A3
OR Book Pages NOTE~
Documents not received in
Clerk to Board Office as
of July 197 1993
NATE~ AND SENER FACILITIES ACCEPTANCE FOR SAN RAFAEL AT THE VINEYARDS
- NXT~ ~fXFULATXON~
OR 5ook /Z/Z~o~ Pages ~
AC~~ OF ~ OF ~IT ~R S~I~ FOR ~SC~IN~ ~R SI~
D~~ ~ ~. 92-82 "~
See Pages I0 ~ - / 0;~
ACCEPTANCE OF CASHIERS CH~CE AS SECURITY FOR LANDSCAPING FOR SITE
DEVELOFME]IT PLAN NO. 92-49 "PALM TERRACE C~IT~R PHASE I"
ACCEPTANCE OF CHECK AS SECURITY FOR LANDSCAPING FOR SITE DEVELOPMENT
PLAN NO. 92-8T 'CELLULAR ONE HILES CITY'
Item ~16A7 ~ to #12C4
Ite~#16A~ moved to ~12C4
Xte~#16A9
i~OLUTZON 93-209 APPROVING THE FINAL FLAT OF PEBB~ ~
SeePage', /03
lte~ ~1 ~lk/O
RESOLOTIO~ 93-210 APPROVING THE FINAL PLAT OF OAE~ONT PARENAY
E~T~N~XON - WXI~ ~TIPULATION~
See Pages ~/Oq -- //~
§6
Page 37
Hay 25, 1993
It~ #16&11
RESOLUTION 93-211 APPROVING THE FINAL PLAT OF NORTH BAY PLAZA AT
FELICA~BAY - MITH STIPULATIONS
Item
BID 93-2031 FOR TWO FIFTEEN CY REPLACEMENT DUMP TRUCKS FOR ROAD AND
BRIDGI DKP~ - AWARDED TO WALLACE INTKKNATIONAL IN THE AMOUNT OF
$110,550
Item ~16B2
QUITCLAIM DEED RE PETITION AV-93-009 VACATING A PORTION OF A DRAINAGE
EASKMEBrT FOR PART OF PARCEL D, PELICAN BAY, UNIT FOURTEEN
See Pages
Item
ACCEPTANCE OF FINAL JTKGOTIATED PRICE IN THE AMOUNT OF $131,177.85 FOR
MEDIAN LANDSCAPING IMPROVEMENTS WITH BETTER ROADS, INC. FOR THE PINK
RIDGE ROAD SIX-LANE CORRIDOR BETWEEN U.S. 41 AND AIRPORT-PULLING ROAD
Item 916Cl
EXTENSION 0FAN AGREEMENT W/TH S0UTHZASTKRN LIBRARY NETWORK
FOR ~ PROFISION OF 0N-LINK LIBRARY CATALOGING
(SOLINKT)
See Page --]~-5
Xtem ~16D1
BUDGET AMENDMI3~ PROVIDING FUNDING FOR TAX COLLECTOR FEES CHARGED TO
THE UTILITIE~ DMSION FOR ASSESSMENT COLLECTIONS
Item ~16D2
B~DGIT AMI3FDMENT TO CORRECT A PREVIOUS BUDGET AMENDMENT FOR THE NORTH
COUIFTY REGIOHAL MATER TREATMENT PLAN BY TRAI[SFKRRIRG 0446,000 FROM
COST cEFrI~ 273511 TO COST CENTER 273529 IN THE COUNTY MATER CAPITAL
Item~16D3
~ ORDER NO. ONE IN THE AMOUNT OF 819,942.00 TO THE CONSTRUCTION
CONTRACT WITH WITCH~LL AND STARK CONSTRUCTION COMPANY, INC. FOR THE
PKI:ICAN BAY, HAMMOCK OAK DRIVE UTILITY AND TRANSPORTATION PROJECT
IMPItOVlMKNT$
Item#16D4
EXECUTION 0P S&TISFACTIONS OF NOTICE OF PROMISE TO PAY AND AGREEMENT
TO KXTI3FD PAYMXFr OF SEWER IMPACT FEES FOR CHARLES AND BARBARA MADK~A;
Br~TY MASON; CHARLES AND CECILIA PETERS; AND JOSEPH A. PICONE
Page 38
See Pages
Hay 25, ~993
LEASE A~KE~T BETWEEN COLLIER COUNTY AND $OHR PAULICN, JR. ~
JOS~PI~IIll PA~LlCll FOR 11~ CONTINUED UTILIZ~?IO~ OF OFFICE SPACE FOR
THE COLLIER COUNTY SHERIFF'S OFFICE NORTH NAPLES SUBSTATION
See Pages /,~0 - /3~
Item #16Fl
MATCHING B3~ GRANT MONIES IN THE AMOUNT OF $40,650 FOR CARDIAC
MONITORS/DKFIBRILLATOR/PACER MACHINES
Iteu #16H1
UNDER THE PELICAN BAY SERVICES DIVISIOR'S CURRENT
PROFK~SIOJIAL 13JGINEERING AGREEMENT WITH ~LSON, MILL~, ~N & ~
~ ~ ~ ~D $2,500 TO ~OVIDE ~ ~CESS~ ~GI~ING
~~S ~ING ~ INST~TION OF ~ ~IT 1~ ~ 0~
~ LI~ING
Item ~'16E2 - d~lmtod
BID 03-2030 Z]ICR.EA~D ~ ~ ~ OF 84,500 TO ~D ~C~IIG
Itet#16H4 moves to #SH1
Item#16H5 moved to #8H2
Item#1611
RESOLUTION 93-212 APPOINTING GEKALDINE KA~VIN &ND DAVID PFAFF TO THE
ALCOHOL, DRUG ABUSE AND MERTAL HEALTH PLANNING COUNCIL
See Page 135
Ite~ #163
WIS~ CORRESPONDENCE - FILED AND/OR REFERRED
The following miscellaneous correspondence with filed and/or
referred to the various departments as presented by the Board of
County Commissioners.
Page 39
Nay 25, 1993
GAIN TII~ FOR IRMATE 106. 63713, 59214, 76134, 4?886, 58363,
44344, 49600, 42339, AND 16922 (47~?? LISTED 0N A~ENDA BOT DID
NOT I~:~"EIFE DOCUMENTATION)
Tt~'m '1G32
· ATI~FACTION OF LI'~II~ FOR SERVICES OF THE PUBLIC DEFENDER AND
6ATI~ACTIOI[ OF CML JUIXtMERT LIENS
See Pages 13b- 149
Item
ASTI~ODOGY PERMIT 93-1 ISSUED TO JUDY C. SMITH
See Page
There being no further business for the Good of the County, the
meeting was adjourned by Order of the Chair - Time: 6:15 P.M.
DNI~HT. g.'. BROCK;i
( ~.~ .l~ute. ,~.d by the Board on
-- l', ;* r
as presented ~' /" or as corrected
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS
CONTROL
BURT L. SAUNDERS, CHAIRMAN
Page 40