BCC Minutes 04/14/1992 R Naples, Florida, April 14, 1992
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 ]aw and having conducted business
herein, met on this date at 9:00 A.M. in REGULAR SESSION tn Building
"F" of the Government Complex, East Naples, Florida, with the
fo/lowing members present:
CHAIRMAN: Michael J. Volpe
VICE-CHAIRMAN: Richard S. Shanahan
Patricta A. Goodntght
Max A. Hasse, Jr.
Burr L. Saunders
ALSO PRESENT: John Yonkosky, Finance Director; Kathy Meyers,
Annette Guevtn, Debby Farris and Ellis Hoffman, Deputy Clerks; Nefl
Dorrlll, County Manager; Ken Cuyler, County Attorney: George
Archibald, Transportation Services Administrator; Frank Brutt,
Community Development Services Administrator; Wi//tam Lorenz,
Environmental Services Administrator; Sue Filson, Administrative
Assistant to the Board: Jennifer Pike, Assistant to the County
Ma~agur: Tom Olltff, Public Services Administrator: Tom Conrecode,
Director of the Office of Capita/ Projects Management; Bob Blanchard,
Orowth Planning Director; Bryan Milk, Project Planner; Russ Muller,
Engineer; Mike McNees, Budget Director; David Wetgel and Richard
Yovanovich, Assistant County Attorneys; Sam Saadeh, Bob Mulhere, and
Ray Bellows, Project Planners; Fred Bloetscher, Assistant Utilities
Administrator; Peter Comeau, Stormwater Utility Manager; Bob Fahey,
Solid Waste Director; Ktmberly Polen, Environmental Specialist with
Project Review Services and Deputy Byron Tomlinson, Sheriff's Office.
01
Page
&G'g]ID& - &I:~'ROg~D MZ'I'~ CEARG~8
April 14, 1992
CL-~t~ ~tntnsl¥, that the agenda be al;proved u Indicated on the
Ag~l~dm ~ Sheet and with the following change:
6. Item #7(A) re beach parking at Swallow Avenue and South
Collier Blvd. - Continued to April 21, 1992, at the request of
the County Attorney's office.
08
Page 2
001~13~ Jt~I~DA - APPROVED AND/OR ADOPTED
April 14, 1992
~ ~otion for epprov~! of the Con~ent Agenda ~a noted under Item
Zte~ ~&
~ ~C~ ANARD~ - PP~SE~TXD
Commissioner Saunders congratulated Mark W. Schlosser, Utilities
:tO
Page 3
Administration, and presented him with a five year Employee Service
Award.
FJt~TATIO~ BY RUSS MULLER REGARDING THE RESULTS OF TH~ WALEA~(ERICA
Russ Muller, Engineer with Transportation/Pro3ect Management and
Walkamerica Team Captain for Co/l/er County Government, presented the
following results of the Walkamertca Event: 477 walkers registered,
$15,700 was raised, Transportation Department raised the largest
amount of money, Ramlro Manalich, Assistant County Attorney finished
f~rst and won a trophy, and the final challenge to be met by the
County Manager will be to don a turkey costume and stand at the corner
of U.S. 41 and Airport Road on April 24, 1992 from 12:00 P.M. to l:00
P.M.
~ ~S e~-21~/~2-221 ~ ~2-22~ - ~ED
C~sS~r Huse ~, seconded ~ Co~tssioner B~tght ~d
=~r~ ~~1~, t~t Budget ~n~ents 92-216/g2-22~ ~d 92-22~
~ ~t~.
~ ~ ~OL~ION 92-20 - ~D
~~~ ~se ~ed. seco~ed ~ Co~ss~oner G~ght ~d
~~ ~~ly, t~t ~dget ~n~nt Resolution 92-20 ~
April 14, 1992
IMPACT OF ARBITRAGE R~BATE R~GULATIONS ON THE $4,400,000 1990 SERIES
BOND~ AND TH~ $13,750,000 COmmeRCIAL PAPER PROGRAM - APPROVAL OF
PAYM]I~TS TO THE IRS
John Yonkosky, Finance D/rector, reported that this item deals
with a report of the Impact Fee Arbitrage Rebate Regulations on the
$4,400,000 1990 Series Bond and the $13,750,000 Commercial Paper
Program borrowing. He noted his objective is to obtain the Board's
approval to submit a payment to the Internal Revenue Service of the
arbitrage rebate that is due on both those bond issues.
Mr. Yonkosky reported that the total due for the $4,400,000 1990
Series Bond is $4,299.55 plus Interest of $31.66 and is for a year's
period, and the total due for the $13,750,O00 Commercial Paper Program
is $11,613.82 and the interest is $160.88 for a six month payment.
Mr. Yonkosky noted that the second calculation for the $13,750,000 is
due this month, but is not calculated exactly yet.
Mr. Yonkosky expressed that the recommendation is for approval to
make those payments to the Internal Revenue Service. He pointed out
that there may be some difference in the interest calculation of a few
dollars.
Commissioner Shanahan emphasized that this is good business. He
recognized that the net difference between the two, is a net differen-
tial earned by the County of $546,000.
Transportation Services Administrator Archibald advised that the
$13,750,000 represents the commercial paper loan and is designated for
primarily four projects - Immokalee Road, Radio Road, portions of
Airport Road and Pine Ridge Road, and when you include right-of-way,
the four will exceed approximately 20 million dollars total. He noted
that the contracts have not been awarded, and the County is going
through a right-of-way acquisition process, and until al/ the parcels
are acquired that are needed, those projects will be delayed. He
stated that the saving grace as Mr. Yonkosky noted, ts that the ear-
nings while the funds are not expended, exceed the delinquent charge.
Page 4
April 14, 1992
C,~mt~J, one~ Sh~n~h~n ~oved, ~conded by Co,.-testoner l~ ~nd
c~':l~l~ 4/1, (~tsaloner Vol~ o~eed), to a~r~e the ~ts to
1991 - ~
Mr. Yonkosky reviewed that recently the Board approved a Forward
Purchase Agreement and that this is an Amendment to that Agreement
that will allow or provide that Mitsui Taiyo Kobe Global Capital, Inc.
wtll pay the County in case they miss a payment, and they will pay any
&rbitrage rebate that the County would have to pay. He commented that
it ts very unlikely that this is going to happen because of the
interest rates. Mr. Yonkosky recognized that this Amendment has been
reviewed by the Financial Advisor, the Bond Counsel, and the County
Attorney's office, and the recommendation is for approval.
~~toner Shanahan moved, leconded by Coitlstonlr HUll and
~rTl~~t~l~, to approve the Amendment.
13'
Apr1! 14, 1992
Item ~& - Continued one ~k
:Item
l~OL~flO~ 92-226, P~ PKTITION PU-89-18, JAMES A. DAVIS OF COASTAL
ENGIII~E~ING CONS~FLTANTS, INC., P~EPRESENTING TKMPUST~CH, ~NC.,
~Q~/NG ~lON OF CO~/TION~ USE '6' ~ '~' OF ~ CO~I~
F&CILZ~ DI~I~ 'CF' FOR A ~INA ~ ~IVATE YA~ CLUB ~R
~0~ ~A~ SO~ OF ~NITA B~CH R0~ ~OXI~LY O~ MILE
~ OF V~ILT DRIP, ~JAC~ T0 LI~LE HI~0~Y ~Y - ~ED
Bryan Milk, Project Planner, explained that Petltion PU-89-18 was
approved by the Board of Zoning Appeals to allow a marina and private
yacht club on 2.14 acres and that this Conditional Use will expire
June 19, 1992. He discussed that the Petitioner ts requesting an
extension for the second time due to lengthy delays in the application
and permit process from the Corps of Engineers, the DNR and the DER.
He reported that approximately six months ago they had an
Administrative Appeal due to the public concern tn and around the bay
area, and as of December, 1991 the Appeal was dropped and the
Petitioner Is now moving ahead with the permitting process. Mr. Milk
noted that Staff ts recommending approval.
Co~sstcrner Shanahan ~oved, seconded by Comlsstoner Saunders and
carried u~ntmly, to approve the extension of the Conditional Ose,
the~-m~F ~:vpi:in~ Re~olution 92-226.
Page 6
April 14, lgg2
ADTI~IZATION TO $I~N LETTKR~ TO TH~ FT~OHIDA HOUSING FINANCK AGENCY IN
~ OF T~ WILD~OOD LAIZES AI~ORDABLE HOUSING THAT APPEARS KLIGIBLH
TO~I~F~ LO~--INCO~ RENTAL HOUSING TAX CREDITS - POSTPONKD UNTIL
CO~TI~3~f OF P&YI~NT IS OBTAINED
Transportation Services Administrator Archibald reported that this
item was continued from the April 7, 1992 meeting, concerning the
arranging of postpayment for turn lane construction at the Wildwood
Lakes Project as a condition for sending the letter of support to
include affordable hOUSing within their PUD. Re reported that the
developers have been contacted and there are some financing concerns,
~rld Staff is recommending that this item be delayed until a written
Agreement is obtained, and financing is arranged.
Frances Barsh expressed support for the delay in sending this
"/ letter, until the developer commits to an Agreement for payment in
'~ writing.
~t~ ~~ly, to ~ld ~ action on t~ letter for
~ ~til a fi~ co~lt~nt In ~itlng ts obtatn~ conceding the
mo~o~ 02-227 A~ORIZZRG ACQOZSiTZOR OF A D~IRAGK ~~;
~SO~ 02-228 A~ORIZ/HG ACQO~SITZOH OY ~~ CORS~OCTIOR
m~~ ~ ~so~oH 02-229 A~ORZZ~RG ACQOlSIT/OR Or RO~
~~K OR COllATION, ~ICH ~ ~QUI~D FOR ~ CONS~UCTION OF
~S~RTATION I~O~S TO I~O~LKE ROAD - ~D
Transportation Services Administrator Archibald reported that
this item ~nvolves r~ght-of-way problems dealimg with the Immokalee
Road Project extending from U.S. 41 eastward to 1-75. He noted speci-
fically that the parcels in question are primarily between U.S. 41 and
Ammedlately east of Airport Road.
Mr. Archibald noted that the three resolutions reflect and conf~rm
program needs and right-of-way requirements consistent with the four
lane design and alternative designs and locations, as well as environ-
mental factors, long range planning, cost variables, safety and
Page 7
April 14, 1992
welfare considerations.
Mr. Archibald discussed that the first resolution deals with a ten
foot wide single drainage easement, parcel #806, the second resolution
deals with several needed temporary construction easements at various
locations primarily for access and drainage, parcels #706A, #?0SB,
~708, ~?09, ~713, and the third resolution deals with obtaining ease-
ments for the road right-of-way and allows for provisions of utility
drainage and maintenance, parcels #106, #107, #108, #109, #113, #121,
#122, #130, #131, #135, #138, #139 and #140. Mr. Archibald noted for
the record that part of the legal description for parcel #140 was not
included in the Executive Summary, and he distributed a handout with
the correct legal description.
C~teeioner Sh~ ~oved, seconded by Contsstoner ltasse and
c~ried'~r~i~ou~ly, to a~pt Resolution 92-22T authorizing the
C~ssl~ S~ ~ed, second~ ~ Co~tmstoner ~ae ~d
~~ ~l~ly, to ~pt Resolution 92-228 aut~rtztng the
~tlttt~ of t~r~ correction e~e~nt~.
~l~ ~ly, to adopt ~solutton 92-229 authorizing the
~tti~ eT ~ rtght-of~, utility, drat~ge ~ ~tnt~ce
Page 8
Aprt! 14, 1992
10:15 A.M. - Rmconvened: 10:30 A.M. at which time
Clerk Farris replaced Deputy Clerk
IteaJ~C1 (form~rrl¥ #16C1)
~ TO ESCROW AGRKKMX]FT BETWEEN COLLIER COUITI~/ A~D AUO OF
THE ~EGI~ HiFI'EL AT PELICAN BAY (AUO) - APPRO%rED
Public Services Administrator Olliff summarized the intent of this
1tom, as relating to the construction of the third pod at the Clam
Pass Boardwalk, pointing out the fact that the County initially
entered Into this Escrow Agreement with the AUO (Association of Unit
Owners} in 1988, and there have been two subsequent Amendments to-
date. He stated that, should the third pod not be constructed, the
funds, i.e. $75,000 plus accrued interest, will belong to the County.
He relayed staff's recommendation for an agreement extension until
April of 1993.
Assistant County Attorney Weigel explained there was an aggregate
~ of $1§0,000 placed in Escrow tendered to the County and which the
County is holding and earning interest on, $75,000 of which was speci-
fically earmarked to come to the ownership of the County if the pod
was not built by a certain date, and an additional $75,000 which was
specifically for the water and sewer construction.
Commissioner Volpe questioned whether the $75,000 can be placed
into the General Fund, and Assistant County Attorney Weigel answered
in the affirmative.
l~ublic Services Administrator Olliff revealed staff is tn the pro-
cess of preparing a report based on the most recent action of the City
of Naples in response to the County's request for a connection to
their system.
ComBtsstoner Saunders concluded it would be a mistake to /et the
AU0 {A~eociatton of Unit Owners] out of the obligation to pay the
total cost for construction of the pod.
The fo/lowing persons spoke to the issue of the Amendment to the
Escrow Agreement between Collier County and AUO (Association of Unit
Owners) of the Registry Hotel at Pelican Bay (AUO):
000.: 86
Page 9
April 14, 1992
Barbara Boys
F. Joseph McMacktn III, Attorney for Association of Unit Owners
Bill Branan, Director of Environmental Protection for the
Conservancy
Gary L. Beardsley
Pursuant to Commissioner Saunders' request, Mr. Beardsley pro-
ceeded to briefly explain the concept of one structure per five acres
of "fast land", i.e. the federal program which the State of Florida
has adopted.
Complying with Commissioner Volpe's request, Assistant County
Attorney Weigel proceeded to brlefly summarize the provisions of the
original Escrow Agreement.
Conissioner Hasse Indicated he sees no need for the construction
of a third pod.
Co~iuloner (k~mtnight ~oved, seconded by Co~r~leeloner Sa~u~dere
~ =~.~l'ied 3/2 (Co~ieetoners Ha~ee ~uld Volpe opposed), to approve
tl~e Thi~A~en~ent to the Escro~ A~Tee~ent between Collier County and
tbs A~o~lation of Unit 0~ners (AUO] of the Registry Hotel at Pelican
B~y, Xz~. eart~iz~ the Agreement to April 30, 1993.
000. . 87
Page 10
April 14, 1992
FROFE~$I~N~L S~ICF~ BETWEEN THE BeC AND DAVID M. ~RIFFITH &
A~O~IATE~, LTD. TO FRO~IDE SERVICKS RELATIVE TO THE IMPLEMENTATION
0F TKE (~]~X~'$ STORMWATER ASSESSMENT PROGRAM AND ASSOCIATED BUDGET
A~ - CONTINUED AT LEAST 30 DAYS
Peter Comeau, Stormwater Utility Manager of the Water Management
Department, explained the intent of the recommendation that the Board
of County Commissioners approve the necessary budget amendments,
authorize and direct the Chairman to execute the Professional Services
Agreement, and authorize and direct the County Attorney and Water
Management Department to engage specialized legal and consulting ser-
vices to implement the Stormwater Utility Program.
Commissioner Volpe remarked that property owners will pay some
type of fee, and both County Manager Dorrtll and Mr. Comeau agreed.
Mr. Comeau reported the proposed ranges are: Urban
srea $18-$28; Estates area $19-$29; Northeast Collier and Immokalee
~14-$21; and Southeast Collier $12-$18.
Co~missioner Shanahan expressed concern that test merging 3,000
accounts will suffice for proceeding with the ultimate 146,000 par-
cels.
In response to Commissioner Shanahan, Mr. Comeau confirmed that
everybody who is on the roll would have to be notified that the
assessment program is being implemented. He stated that, as federal
~u'~d stats lands are excluded, the actual amount of paying entities
would be between 80,000-90,000 parcels.
CoLlnty Manager Dorril] recommended against sending out any notices
~nt~l such time that the test roll had been run to determine whether
or not the rolls can easily be merged, and Commissioner Shanahan con-
cuffed.
County Manager Dorrill stated the Board' of County Commissioners
should authorize staff to execute those agreements today that are
necessary, and bring back a revised fee schedule to only do the trial
r%~n portion. He advised that the Federal Environmental Protection
Agency has passed a series of new laws that will force the County, at
Page 11
April 14, 1992
so~e point, to spend cspltal Improvement dollars to improve its
drainage systems,
Com~isatoner Saunders commented that staff has created enough
doubt that it is necessary for him to see the new arrangement prior to
supporting any agreements to proceed.
~/s~ieaer ~vnders ~ov~d, ~conded ~ Co~lssi~r S~, to
aris ~is ire for a ~rt~ of ~t least 30 ~ys to all~ staff to
~tle ~i~ infomtion for presentation to t~ ~d of C~
The following persons spoke to the issue:
George Keller
Earl Marlin, President of East Naples Civic Association
Fred Tarrant, member of TAG (T~payers Action Group of Collier
County)
~ call for the ~estton, the motion carried
ess ~ Cl~k Hoff~ r~laced ~ty Clerk F~rts at this
DXmlM ~ ~0 ~VlW S~ ~S~ ~S III - ST~ TO XMXTIA~
D~X~ ~ ~ ~ FI~ DIS~I~S I~OL~D; ~IMG ~~
Assistant Utilities Administrator Bloetscher reported that Items
#8D1 and #8D2 are companion items. He requested direction with regard
to proceeding with gravity sewer systems on Marco Island. He provided
a historical note with respect to the Installation of various
districts to allow for sewer collection systems on the Island.
Mr. Bloetacher stated that a plan was devised, whereby, as the
districts passed the 50% development point, the County would initiate
assessment districts and future Issuance of building permits would be
~uspended until the sewer pro3ect commenced. He reported that the
first phase of construction was initiated in 1979 and phase two
construction was initiated in 1982.
Mr. Bloetscher advised that two of the assessment districts have
reached the §0~ point, and three more districts are fairly close to
reaching that point, therefore, it relevant that design be Initiated
and begin working toward construction of the gravity sewer .systems.
000 . 91
Page 12
April 14, 1992
Mr. Bloetscher indicated that should the Commission decide to con-
tinue forth with the contract, Item #8D2 relates to revisions to the
professional services agreement with Wi/son, Miller, Barton & Peek,
Inc. He disclosed that staff is not requesting funding at this time
but if design is initiated for any of the five phases, funding alter-
natives will be brought back to the Board.
A discussion ensued with regard to the possible acquisition of
Southern States Utilities (SSU). Mr. Bloetscher stated there ts the
health, safety and welfare issue that must be balanced along with the
Dotentlal acquisition of $$U.
In response to Commissioner Volpe, Mr. Bloetscher remarked if the
Com~lssion desires to continue the contract with Wilson Miller, that a
revision to the contract be made so that it would be on a standardized
schedule. He noted if the Board wishes for staff to pursue initiating
design on the additional five phases, a contract amendment with the
funding sources will be brought back at a later date.
Commissioner Shanahan Indicated that he believes that there is an
obligation to move forward since the waterways are being polluted.
Mr. Bloetscher explained that there Is a 9+ month design schedule
and the assessment roll and a few other things need to be completed.
There were no speakers.
O~almio~er Shanahan ~oved, seconded by Collssioner Saunders,
t]~t ~f be instructed to initiate the design prc~rsm for the five
dt~-ri~tm tnvolv~t ~nd bring back the funding mechanic.
Commissioner Volpe stated that he would like to know the funding
mechanisms in advance of moving forward.
% ~mll for ~ question, the ,orion curled 4/1, (Com~tseioner
Volp~ oppose).
Item
KXFX$IO~S TO PROFKSSlONAL SERVICES AGREEMENT FOR NARCO ISLAND SEWER
~~I[T DISTRICTS - APPR~ #ITH CHANOIS
Assistant Utilities Administrator Bloetscher advised that the
County Attorney's office has called attention to two additional
I O~[)rl~[ 92 Page 13
April 14, 1992
changes within the Amended Professional Services Agreement: Page 1,
Line 5, - the word "Island" should be stricken from "Marco Island
Water and Sewer District"; Page 12, Item 2.14 - First line should
read: "Prepare a tentative apportionment of costs and preliminary
assessment roll..."
Mrs. Frances Barsh requested that this item be deferred since the
funding source has not been identified.
Mr. Tom Peek of Wilson, Miller, Barton & Peek, Inc., stated that
his firm has not been paid any money in the last five years but during
that period of time, his company has continued to monitor the number
of dwelling units that were being constructed in each of the sewer
districts on Marco and to so advise when they were approaching the 50%
~ark. He explained that the consultant's agreement sets forth the
method of engineering services to be provided to the County on a fair
basis for fair compensation.
C~l~s~ S~Lnahan moved, seconded by Co~isaio~er Rasse ~
~S~ 4/1 (~~i~r Vol~ ~s~), to a~r~e t~ r~isi~ to
~t ~ t~ ~ ~tttonal c~es to brtn~ the a~nt Into
c~f~ ~ith t~ ~rent st~rd profession1 se~tces
ilO0 93
Page 14
April 14, 1992
R~TIOI TO CONSIDER AND ACCEPT EVALUATION OF ALTERNATIVES FOR
THI TAIDliASTE COLLECTION PROGRAM - CURRENT PROGRAM TO BE CONTINUED
S~ BY ALTERNATIVES ~1 AND ~3
Solid Waste Management Director Fahey affirmed on March 31, 1992,
a status report was provided to the Commission to effect the state law
requirements of the Solid Waste Management Act. He indicated that a
variety of alternatives were included and staff was directed to bring
back the costs associated with same.
Mr. Fahey detailed the costs of Alternatives #1-4, as outlined in
the Executive Summary.
In response to Commissioner Volpe, Mr. Fahey reported that last
Thursday, 3,461 customers of the Waste Management, Inc. (WMI),
franchise area set out yard waste; 2,820 customers set out garbage on
the yard waste only collection date; and 605 customers set out both
yard waste and garbage. He noted there are 40,869 customers served by
WMI.
Commissioner Hasse remarked that he is of the understanding that
50% of the residents do not want their yard waste picked up.
Mr. Douglas McGllvra and Mr. Charlie Andrews spoke with respect to
this ~teu.
Commissioner Shanahan remarked that he has had hundreds of
telephone calls from taxpayers desiring additional horticultural pick
up service.
CheaaaJNLon~r Sh~nahan moved, seconded by Cm~ssloner Saunders and
ca--TIed 4/1 (Commissioner Hio~e opposed), to continue the current
17ro~, I~le~ented by Alternatives $1 and
Zt~ ~'12C,4
F~O~3~D&TION TO APPROVE & PROPOSKD STIPULATED SETTLEMENT
IF~T~ I~ I~ltID& DKPARTMENT OF CO144[THITY AFF&IR$ TO RE$OT.VE ISSUES RE
DC)C1EE~ ~O. 91-%-NOI-1101-(&)-(N), CASK #91-2109 GM - CONTINUED TO
4/22/92
Legal notice having been published in the Naples Daily News on
March 30, 1992, as evidenced by Affidavit of Publication filed with
155
Page 15
April 14, 1992
the Clerk, public hearing was opened.
County Attorney Cuyler advised the Commission to hear public input
today, but noted that there are ten Items that are legalistic tn
nature and this Item will be brought back and finalized next week.
Growth Planning Director Blanchard indicated that the proposed
Settlement Agreement will resolve issues between the State Department
of Community Affairs (DCA) and Collier County pertaining to the plan
amendments adopted in February, 1991. He advised on March 29, lggl,
the County received notice from DCA that certain parts of the master
plan and certain amendments were not consistent with Rule 9J-5 or in
compliance with Chapter 163, F.S.
Mr. Blanchard stated that County staff and the staff from DCA have
been working toward an acceptable settlement agreement to avoid the
need to go to hearing. He called attention to the agenda packet, con-
tanning the proposed Settlement Agreement language on Page 6;
Attachment "A", Statement of Intent, on Page 14: Exhibit "B",
commitments to be undertaken by the County that would resolve the
~ssues presented by DCA, on Page 26.
Mr. Blanchard detailed the changes to be made to the Golden Gate
Master Plan, as reflected 'on Page 29 of the agenda packet.
Mr. Blanchard provided for the record, a copy of a memorandum from
DCA with respect to Policy 1.! pertaining to the Southern Golden Gate
Estates area.
T~ #4
Mr. Blanchard stated that staff Is recommending approval of the
Settlement Agreement, as presented, with the possible exception of the
notice requirements affecting the Southern Golden Gate Estates pro-
party owners.
Ms. Gayla Brett, representing the Bureau of Land Acquisition,
Department of Natural Resources, advised that the Department does have
a very active land acquisition program currently going on in Golden
Gate Estates. She reported that there are 22,000 land owners in the
Southern Estates and it is an extremely difficult Job to contact all
000. i56
Page 16
April ~4, 1992
these people. She explained that last year, the State purchased 2,574
acres in SGGE, 3,98! acres in Fakahatchee Strand and 1,654 acres tn
the Big Cypress. She affirmed that contact has been made in 21 of the
64 units and the State will continue this aggressive approach in order
to bring as much property as possible into state ownership.
Ms. Brett announced that DNR supports the proposed stipulated
settlement agreement, and indicated that the Department is notifying
the people and feels that this should be sufficient.
The following persons spoke with regard to this item:
Mr. Gary Beardsley
Mrs. Virginia Corkran
Commissioner Volpe suggested that public not/ce could be recorded
in the ~ublic records advising that there is a State acquisition
program and future buyers should contact DNR or DCA.
~lsslon~,r Haome moved, seconded b~ Com~isatoner Shmnahan ~d
c~t~ 4/0, (Cmtsst~er Sa~ers ~t) to continue the ~blic he~tng
~ti~ ~11 21, ~992.
''' ~: 3:20 P.~. - Reconveyed: 3:40 P.H.
~ Clerk G~tn r~laced ~ty Clerk Hoff~
~ ~ ~-6 ~ ~F-5 TO BE ~ ~ "~YSHO~ ~ ESTA~S" ON
~ ~ ~ ~HO~ DRI~ ~ ~SON DRI~ - ~~ S~ TO
Legal notice having been published In the Naples Daily News on
March 26, 1992, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened.
Plarmer Bellows presented Petition R-gl-ll requesting to subdivide
the subject s~te, consisting of 33 acres, into 79 single-family lots.
He said the pro~ect includes approximately e~ght acres of preserve
area and a three-acre lake. He reported the petitioner ks proposing
to develop a project that ts designed to meet the RSF-5 zoning
district standards. Ne concluded Staff has deemed this pro3ect to be
consistent with the Growth Management Plan and recommends approval,
subject to the Collier County Planning Commission's stipulat~ons.
000. 157
Page
April ~4, 1992
David Wllktson of Wllktson & Associates, representing the peti-
tioner, agreed with the stipulations set forth by Staff.
C<~llion~r H~e ~ov~d, me¢onded by Co~ims~oner Sh~ ~nd
c~l~ 4/0 (Cmtsmi~er G~tght ~t), ~o close the ~bltc hea=tng.
c~ 4/0 (Cm~.sioner G~Sght ~t), ~o approve Petition R-91-i~
~bJ~t to t~ Itt~llttonl, there~ adopting Ordi~ce 92-19 ~
~t~ ~ ~t~ce ~k No. 51.
158
Page 18
Apr~ 14, 1992
i~D-eg-ig(1), LIVINGSTON ROAD, LTD., REQUESTING A ZO~ CHANGE
~ ~E L[V~NGSTON RO~ C0~Y CL~ ~ IN 0~
USES IN ~L ~CTS ~IL D~~ C~CE$ ON
I~E~ION OF ~ NOR~/SO~ ~SION ~R
~ ~ ~T/~sT C.R. e~0 - COnraD ~O
Legal notice having been published in the Naples Daily News on
March 26, 1992, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened.
Planner Bellows explained this amendment will allow the continued
agricultural activities of grazing 30 head of cattle on the subject
property until development commences, which cannot occur until legal
access is provided. He reminded the Board that the proposed roadway
has been delayed, but is planned for construction by 1994. He indi-
cated similar language ts in other PUD's and the continuance of agri-
cultural activities on the subject property is compatible with
e%trrounding properties to the north, west and east.
Commissioner Volpe commented this issue raises policy con-
stderations, because ad valorem taxes are significantly reduced as the
result of granting an agricultural exemption.
ese O~l~l~ 4~modnight returned to the meeting at this time.
Robert Duane of Hole, Montes & Associates, representing the peti-
tioner, noted this Item is before the Board as the result of a zoning
violation. He advised the property was agricultural for ~8 years,
however, the petitioner was notified by the County of the need to
amend the PUD Ordinance in order to continue the agricultural use of
the site. He mentioned development would have been underway at this
time were it not for the delays tn construction of Livingston Road.
A lengthy discussion ensued regarding whether or not the community
at large is subsidizing properties zoned PUD which are allowed an
agricultural exemption until such time as development commences.
Oe~m~l~e~r Ha~me ~oved, ~condmd by Commissioner S~ ~d
=i~ ~~ly, to continue this item to the ~ettng of ~y 12,
IHl, ~ s~ violatlou a~tmd ~ndiu~ fill resolution.
000 , 164
P~ge 19
April 14, 1992
92-20 RE PETITION PUD--91-14, BEAR CREEK OF NAPLES, LTD,
~~ A REZONI~G FROM "A' (R~ AGRIC~~) TO ~, ~R ~E
~A~ ON ~ ~ST SIDE OF AI~RT-~LING RO~,
~~Y 1~ ~LES NOR~ OF PI~ RI~E RO~ - ~D S~ TO
~ ~ ~ED ~ ~O~LE HOUSING AG~~ ~O~D ~
Legal notice having been published tn the Naples Daily News on
March 26, 1992, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened.
Planner Saadeh explained the subject property is currently undeve-
loped and designated Urban Residential in the FLUE of the Growth
Management Plan. He said the overall potential density for the site
is 14 units per acre, including the base density, subtractions for a
traffic congestion area, and additions for both affordable housing and
resident~al infill. He noted the compatibility study by Staff indica-
tes the rezone is similar in density and design to the other multi-
family dwellings in the surrounding area. He concluded Staff, along
with the CCPC, has forwarded Petition PUD-91-14 to the Board of County
Com~issioners with a recommendation for approval, subject to approval
of the Affordable Housing Agreement for Bear Creek PUD.
In response to Commissioner Volpe, Planner Saadeh stated the peti-
t~oner has not requested any waiver of impact fees for the project.
Attorney Michael Furen with Icard, Merrill, Cullis, Timm, Furen
and Ginsberg, P.A., representing the petitioner, explained in detail
the proposed project.
Attorney Furen pointed out that the petit~oner has agreed to a
request from o~mers of two single-family residences immediately to the
west of the site, to provide a fence with a landscape buffer on both
sAdes, immediately to the western boundary of the subject property.
He added his client has also voluntarily agreed to remove existing
Brazilian Pepper trees and install 1§-foot tall trees as an additional
buffer along that boundary.
JulAan Stokes, owner of Appraisal Research Corporation of Naples,
Page 20
April 140 1992
provided a market study, prepared for the petitioner, of rental
complexes in Collier County and their affect on single family values.
He gave the opinion that rental complexes within the proximity have
not had a negative influence on surrounding single-family homes.
In response to a concern of Commissioner Volpe, Tom Mannausa,
representing the petitioner, indicated a willingness to stipulate that
the Affordable Housing Agreement not be a transferable document.
The following people spoke regarding this item:
Willie Anthony Orsey Anthony
Anthony Pires, Jr. Bruce Anderson
Donald Howe
~xa~i~io~er ]Xas~e ~oved, aeconded ~ C~ioner S~ ~d
~i~ ~~ly, to Cl~ the ~bltc he~l~.
~~t= ~se m, ~cm~d ~ Co~tssloner ~at~ht,
to ~ htttta ~91-14 ~bJect to the addttto~l stt~lattons
t~t ~ ~J~t ~ d~lo~ at 14 uits ~r acre; ree
lets ~ ~latl~ of rl~t~f~ay r~tr~ for the six-luin~ of
At~--NII~ ~ to ~ pr~td~; t~ entire project to
~~le hi~; ~ cmtmctta traffic on Y~r~ ~ or
~t~ ~; ~ ~t for tpct fe ~tvers; ~d proJ~t a~r~al
Is ~1 te this a~ltcut.
Attorney ~ren reminded the Board of two voluntary stipulations
regarding the fencing and landscaping along the property line and the
tot lot regardln9 a self-clostn9 9ate.
~ call for t~ ~stion, the ~tta carried
~~ ~tin~ Ordtmce 92-20 as entered into 0rdin~ce
51.
~~i~r ~t~ht ~ved, seconded ~ Co~lsstoner S~
~ cmtg ~tmly, to ~r~e the Affor~ble H~tn~ A~nt
~~ ~ Cr~k of laples, LTD, ~ Collier C~ty, nbJect to the
166
Page 21
April 14, 1992
see ~.~-I1~: 5:40 P.N. - Recc~rv~ned: 5:45 P.H. at ~ch tt~e
~t~ Clerk ~rim replac~ ~ Clerk ~in ese
Xt~eX~l
~ ~ ~L~O~S 92-13/19 TO ~ FISC~ ~ 1991-92
~egal notice having been published in the Naples Daily News on
April 8, 1992, as evidenced by Affidavit of Publication fi]ed with the
Clerk, public hearing was opened.
Finance Director Yonkosky briefly discussed Chapter 129, and con-
farmed that all the Budget Amendments presented today have been pre-
viously discussed and approved by the Board of County Commissioners
during its regular meetings.
~ ~x-rie~ m~antmouly, to close the public hearing.
Commissioner Saxu~ere moved, seconded by Co.missioner Shanahan and
~rted~ma~imly, to adopt Budget A~nd~aent Resolutions 92-13
thrma~b 92-19 for the Ylecal Year 1991-92 adopted budget.
Page 22
April 14, 1992
~[~,~T~O~ ~-230, RE FL'TITIOI CC$L-92-1, SAM~$ P. MARD REQUESTING
COA~f~ C~TRI~CTION SETBACK LINE VARIANCE TO ALLO~ REMOVAL OF DEAD
C~ ~ FltO~ TR~ COLLIER COUNTY CONSERVATION AREA ~ITHIN TH~
FELIC~ B~Y PUD - ~DOPTED WITH STIPULATIONS
Legal notice having been published in the Naples Daily News on
March 29, 1992, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened.
Environmental Specialist Polen relayed staff's recommendation that
the Australian Pine trees located along the opening of Clam Pass be
removed or poisoned. She pointed out the concerns of staff, as set
forth in the Executive Summary.
In response to Commissioner Volpe, Ms. Polen stated that
Westinghouse Communities of Naples, Inc. has volunteered the money to
remove the prohibited exotics and dead cabbage palms.
Oee~d~l~ ~aunders moved, seconded by Co~atsstoner Shanahan ~nd
c~t~d~n~o~l¥, to clo~e the public hearing.
(l~m~/mios~ ~nd~ra moved, eeconded by C~maisstonar Sheu~h~n,
to ~ Petition CCSL-92-1 with all stipulations u recommended by
st~[ ~, ~l/tlon~lly, directing staff to work out a plan for
in~xt~ that Me~tinghousa Communities of Rap/es, Inc. complies with
all the r~qu/rements of their Planned Unit Develol;~ent in terms of
~1 of th~ ~rottcs.
In response to Commissioner Volpe, Ms. Polen stated that once the
exotic species piles are removed, there is a good opportunity for
native vegetation to move back in as there ts a seed source available.
~ call for the question, the motion car;.led unanimously,
th~l~y a~o~ttnG R~solutton 92-230.
Page 23
April 14, 1992
~YIOff g2-231, RE PETITION 0SP-92-1, ISLAND BJ~X OF COLLIER
L~T~, X~C., ~TING APPROVAL OF OFF-SITE PARKING ON PROPERTY
~C&I~D ~M~qCO HI~-a~DS ADDITION - ADOPTED WITH STIPULATIONS A~fD
Legal notice having been published tn the Naples Dally News on
March 29, 1992, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened.
Planner Mulhere explained the intent of the request by Petitioner
for off-site parking.
O~l~st~m~ Shanahan moved, seconded by Co--iastoner ~as~e and
c~i~ ~m~l¥, to close the public he.ring.
Attorney Neale confirmed that the Petitioner ts in agreement with
all of the stipulations proposed by staff. He revealed there is one
minor change to the site plan required due to the Lee County Electric
Coop. agreeing to move their pole and electric box to the back of
Petitioner's property, thus allowing the angle of the drive to be
changed to Improve the safety aspect of the driveway.
Co~mtssion~r Shanahan ~oved, seconded by Co,missioner Hasse and
cm~rled~i~ou~ly, to close the ~ublic hearing.
Os~ml~t~r Shanahan ~oved, seconded by Co~mtssioner $mund~rs and
cmx~l~d~i~u~ly, to approve Petition OSP-92-1, thereby adopting
Page 24
April 14, 1992
92-21 AI~]~DIRG ORDINANCE 88-28 B~f REVISING THE APPOINTMENT
A~D~)~ZTZO~I OP THE MA~CO IS~JU~D BEAUTIFICATION AD~ISOK~ C09~ITT~
~ TH~ JAFCEE$ AS A KE~SENTATIVE ORGANIZATION - ADOPTED
Legal notice having been published in the Naples Daily News on
March 26, 1992, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened.
Commissioner Volpe explained that the purpose of this item is to
remove the Jaycees as a representative organization from the Marco
Island Beautification Advisory Committee.
~/~tomer S~nnders ~oved, seconded by Commissioner Shanahan and
~.~-'T~e~ w~l~m~ly, to close the ~bltc he~tng.
~~1~ ~ ~, ~co~ ~ Co--taxi.er ~rs and
~~ ~I~IF, to a~r~e t~ ~en~nt to Ord/~ce 88-28,
~~ 9~-2S2, ~ ~C-92-1, GEORGE W. SHEP~D · SON, IRC.
~~ A ~~IRG USE ~GE IN A C-1DIS~I~ ~R ~OPERT~
~&~ ~ PI~ RI~E ROAD - ~D W/REQ~ST T0 CL~ ~ SI~
LeGal notice having been published in the Naples Daily News on
March 29, 1992, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened.
Planner Mulhere explained the purpose of the Petition and relayed
staff's opinion that the proposed change will probably reduce traffic:.
In response to Commissioner Volpe, George Shepherd, owner of the
property, confirmed there is a cement batch plant located on the pro-
~erty as well as a cement mixer truck, the purpose of which is to pro-
teot his right to again pour cement at that location.
County Manager Dorrill suggested the Board of County Commissioners
m~ght want to direct staff to investigate the possibilities of
working out a resolution for protecting Mr. Shepard's rights while
having him voluntarily remove and clean up the site of the old batch
Page 25
April 14, 1992
I~ai~lo~wr Sh~nah~n ~oved, ~econded b~ Co~tsstoner H~e and
carrlH~~l~, to clo~e the ~b~tc he.ring.
C~mimi~a~q~ ~{~mnah~n moved, seconded by Co-missioner Hasee and
~tg~s~tmou~lI, to ipprov~ WUO-92-1, thereby adopttno Resolution
~-l{l, ~{~ile mki~ Nr. Shepard to clean up the site, ss r~lu. ted.
Page 26
.Ztm#14
BO~LR~ O~ ~ CO~B~ZSSIOR~RS' C~ICA?ZORS
April 14, ~992
Commissioner Shanahan relayed a request by residents in the area
of the East Naples Park for the Parks and Recreation Department to
build a bridge across the swale to enable them access to the park with
greater ease.
Consansus waa to direct staff to investigate the matter and bring
back further information for consideration by the Board of County
Co,missioners.
Commissioner Goodntght requested that the second public hearing
scheduled on May 6th be reschedu~ed to another night due to her being
out of tow~ at that time.
Commissioner Volpe suggested he and staff will review the matter
and make a determination regarding rescheduling of the meeting.
County Attorney Cuyle~ announced redtst~lctlng was a~pvoved by the
Department of Just/ce.
Re~ardtn~ Item ~6F1, County Manager Dorr~l] reported there was a
t~ra~htcal error which should be corrected to reflect the admt-
nts~rattve fee for the EMS impact fees for the Cl~y of Everglades
eh~ld ~ 2.79~.
Co~tsstoner Volge suggested, as part of staff's direction, that
the C~ty's property at Airport Road and Orange Blossom Road
~rrent~y ~ng u~ed by Animal Control be reevaluated regarding utili-
zation of the property w~th consideration being given to relocating
~1 Control to some other more approprSate area of the County. He
~ggested that a ~tter use of the property would be to use it as part
of ~ ac~tsttlon program to acquire additional properties for beach
access or ~arks.
~1~~t~1y,
91-110,
':C *
· .ILIdgB~ S A ST- ZN THE JJ,IOUWT OF $2,500
April 14, 1992
See Pages
*~IIT ~ FOR PJLRC~L 124 &ND C01qV~Y&RC~ FOR ACQUISITION OF
~IG~T-4~F-M&? TO ~ FOU~-LA~ I)~R~ UPON R&DIO ROAD
~UB3~'TTO ~f/I~FL&TIORS AS CONTAIHD IN 2 ~C'U'I'I~ SU]~kRY
Xtn #1~B2
See Pages
T$10 Zk~$11$rf ~
ltl~Ef-O~-41~? TO COF~TR~CT FOOR-Ut]I~ I~~ OPON I)~OTdkLEE ROJLD
FO~ I~&~C~LS 138 ~ 139 ~UB,TECT TO STIPUL&TIORS AS CORT&III~D IN
%tm I~1~! m~md to Item
BI~ ~10~2 F~ I~I$OL PICNIC T~LBr. ZS IN /~ JU~OD~qT OF $8,$70
~ TO ~ P&I~ &
Ztm#lGDl
CI~)I~I~I~I~IlO. I (lrINLT,) TO T~/ CONSTRUCTION CO)ITR~CT
&~T&~M~I~'T~O~ CO~Jk~Y, INC. FOR TR~ II~O~kL~ RO&D EJ~T
~IG~,~T~E TRAirBI~SSlOR F&CILITIES CO]ITR&CT
ltem#16D2
See Pa~es
(FIN&L) TO THE CONSTRUCTION COIITR~CT
STJkI~ CONSTRUCTION COI~RY, INC. FOR TEE C.R. 951
~ISSION FACILITIES CONTRACT
See Pages
JM~I~M~ITTO~~31T~THE 3OARDOFCOU]ITYCOI~SSIONEI~ ~
PROVIDING FOR UTILIZITIO! OF TI]~ COLLIER
Page 28
73
14, 1992
See Pages
TMO IBTE:RLOCAL AGREEMENTS WITH THE CITY OF RAPLES &ND EVERGL&DE$ CITY
FOR TH~ COTJ~FJL'FION OF EMERGENCY MEDICAL SERVICES SYSTEM IMPACT FEES
WITH THI R~.SPECTIFK MUNICIPALITIES
BID ~910170S FOR & RADIO MAIHTENARCE AND REPAIR AWARDED TO MOTOROLA,
11~. ~ ~ ~ OF $7,4fl2
Item ~/~1
~'APPRAX~LL&~MBSST WITH COASTAL ENGINEERING CONSULTANTS, INC. FOR
RELATED TO THE PROPOSED PI]RCHASE OF VACANT LANDS IN
TO~SISH/P 26, TO ALLOW FOR FUTUP.~ EXI~ANSION OF THK EXISTING
[~:Ol~:l~ Y~:)C&I~D IH SECYION 25, TOWRSHIP 49 SOITI~, RARGE 26 EAST FOR
POE~I~T~ T~JIDIrIT~, ~qEPJLNSION TO BE FURZE9 IH AN AMOONY HOT TO EXCEED
~40,OOO <D CLOSING COSTS NOT TO ~I:CEED $¢00
See Pages -3 0/-- /o
Item #16N!
STIIR2L&TED FILIAL ~ ~TI~ TO ~~ ACQUISITION 0N P~CKL
~ ~ ~ 95.1 IN ~ PI~ RI~E I~US~I~ P~ M.S.T.U.
Item el~J
~I/~L~I~J~ COrReSPONDENCE - FILED MID/OR REFEAIR~D
The following miscellaneous correspondence was filed as presented
by the Board of County Commissioners.
Page 29
April 14, 1992
~TI~I~O~ OF LI~ FOR SERVICES Ol TI~ PUBLIC DEFENDer
U~ ~ ~O~]~I~T~D TRUST FUI~DS TO PROCUI~ TECHNICAL EQUII~NT TO BE
~ FO~t ~ I]~TIGATIONS BY THE SI~ZRIF~S OFFICE - IN THE A/~OUITT
OF $11,100
Ite~ ~I~K~ - Deleted.
~TI~F~'TION OF LI~ ~ R~aARDIN{; AB~TEl~rlrr OF NUISANCE
Ite~ #16L1
~ TO TI~ 1981 RESERVED PARKING AGREEHENT FOR SURF CLUB AT
~tltCO I~M~D ~ING PHASE TWO OF THE PROJECT
There being no further business for the Good of the County, the
meeting was adjourned by Order of the Chair - Time: 6:15 P.M.
'~ ~- .-' .',',~:3> '.-~
ATT~;ST: ' .~ 7-/.' : ' '
=~ :c..a~s,. c~
>., ' ' '.;.,[2.." ,:: . '
~$~.~tn~ke~ app?oved by the Board on
a~ pr~n~ed '' /~ or as corrected
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS
CONTROL
Page 30