BCC Minutes 01/14/1992 R Naples, Florida. January 14, I992
LET IT BE REMEMBERED, that the Board of County Commissioners tn
and for the County of Collier, and also acting as the Board of Zoning
Appea~s and as the governing board(s) of such special districts as
have been created according to /aw and hav~ng conducted business
herein, met on this date at 9:00 A.M. in REGULAR SESSION in Building
"F" of the Government Complex, Bast Naples, Florida, with the
following members present:
CHAIRMAN: Michael J. Volpe
VICE-CHAIRMAN: Richard S. Shanahan
ALSO PRESENT:
Burr L. Saunders
Max A. Hasse, Jr.
Patricia A. Goodntght
James C. Giles, Clerk~ John Yonkosky, Finance
Director; Ellis Hoffman, Debby Fart,s and Annette Guevin, Deputy
Clerks; Neil Dorrill, County Manager; Tom Oll~ff and Jennifer Pike,
Assistants to the County Manager; Ken Cu¥1er, County Attorney; Frank
Brutt, Community Development Services Administrator; William Lorenz,
Environmental Services Administrator; George Archibald, Transpor~aK~on
Servtces Admln~stra~or; Leo Ochs, Admlntstrattve Services
Adm,n,strator; Jay Reardon, Emergency Services Ad,tn,etrator; Sandra
Taylor, Real Property Director; Bryan Milk, Wayne Arnold and Eric
and Deputy Byron Tomllneon, Sherlff'e Office.''~'
;' Page 1
carried unanimously that the agenda be approved with the following
2.
3.
Item #8G! - Recommendation to award the Reclamation/Recycling
of Construction and Demolition Materials, Bid #91-1796, and
to consider a modification to the annual rate resolution in
early 1992 - Added and Continued to 1/21/92.
Item #8D! - Approval of granting access easement over and
across North County Regional Water Treatment Plant Site -
Continued to 1/21/92. (Requested by Staff).
Item #12B3 - Petition DOA-91-2, Tollgate Commercial Center,
requesting an Amendment to the Tollgate Commercial Center PUD
to allow the addition of 30.83 acres of land which will
require revisions to the PUD Document, Master Plan and
Development Order for property at the S.E. corner of 1-75 and
C.R. 951 - Continued to 1/28/92. (Requested by Staff).
Item #12B4 - Petition PUD-83-18(3), Tollgate Commercial
Center, requesting an Amendment to the Tollgate Commercial
Center PUD (Companion to Agenda Item 12(B)(3) - Continued to
1/28/92. (Requested by Staff).
Item #16H1 - Recommendation that the BCC award Bid #91-1803
to Robinson Billiards for six pool tables - Continued to
1/21/92. (Requested by Staff).
AGENDA - APPROVED AND/O~ ADOPTED
The ~otlon for approval of the Consent Agenda ts noted under Item
Item #4
MINUTES OF BCC REGULAR M~KTINO OF 10/1/91 AND SPECIAL MEZTING OF
10/1/01 - APPROVED AS PRESENTED
Conisstoner Hames moved, seconded by Commissioner Shanah~n and
carried unanimously, to approve as presented the BCC Minutes of the
: Ragula~ Meeting of 10/1/91 ~d the Special Meeting of 10/1/91.
~ S~ICE AW~ - ~SK~D
Commissioner Goodnlght congratulated and presented a servtce award
to Steven J. Kprtght of EMS, for five years of service with Collier
County government. ~ ~ 000PA%[ 08'
Page 2
3anua~¥ 34, :1992
i~P~tOCT,&M&TION DESIGNATING ~, ~ OF 3~Y 19-26, 1992 AS ~
Upon read/rig of the proclamation, Co.lmm/omar Haome moved,
.econ~ ~ Contoltoner Sh~ ~d carried ~,.o~ly, that the
~oclmtlon deot~attng the ~ek of 3~uar~ ~9-26, ~992, u ~rple
~t/n TI. ~ .dopt.d.
Ken Patton accepted the proclamation.
Page 3
I~i!~Ji:',] January 14, 1992
i1~~':' Connlssionsr Hames moved, seconded by Coutsstoner Sh~ ~d
0,
.~?~ ' C~ISSIO~ SET A ~LIC ~ING DATE FOR PETITION
~ ~'~:; r ~A-91-5/~84-20(2), ~~ TO LELY, A ~SORT CO~I~ ~ -
, .~LIc ~.. S~T FOR ~/~/9~
Community Development Services Administrator Brutt requested that
the Commission set a public hearing date to determine whether amend-
ments to the Lely, A Resort Community Development Order, constitute a
substantial deviation. He reported that the applicant desires changes
and the Regional Planning Council and the State have received coptes
of same and a public hearing date needs to be established.
Mr. Brutt advised that the Collier County Planning Commission
recommends that the public hearing date be set for February 25, 1992.
Commissioner Shanahan moved, seconded by Commissioner H&sse and
carried unanimously, that February 25, 1992 be set as the public
hearing date for Petition DOA-91-5/PUD-84-20(2).
Ite~ ffSD1 Continued to 1/21/92
ltsn #8E1
REC0~(ENDATION TO APPROVE AND EX~CUTE AGREEMENT WHICH PROVIDES FOR
CONSTRUCTION OF ADDED IMPROVEMENTS TO THE SHERIFFtS OFFICE
NULTIPURPOSK TRAINING FACILITY AND EXECUTE AGREEMENT OF SALE AND
PURCHASE FOR PROPERTY LOCATED ADJACENT TO THE EXISTING FACILITY -
STAFF RECOMMENDATIONS APPROVED; STAFF TO FIND WAYS TO REDUCE COSTS OF
PERMITSt CLEARING AND FILL
Administrative Services Administrator 0chs advised that this Item
~s a recommendation for approval of a series of actions in order for
staff to proceed with the development of the Sheriff~s Multipurpose
Facility in Golden Gate Estates. He explained in December, 1990, a
lease agreement was entered into with the Sheriff's Office to lease
f~ve acres for the purposes of a shooting range and multipurpose faci-
~t¥. In addition, the Board approved an agreement to provide
$100,000 from the GAC Land Trust for improvements on the parcel.
OD ii
Page 4
Sanuary 14, 1992
Mr. Ocha noted that this year's 1 mill capita/ fund contains an
additional $100,000 appropriation for this p]~oJect as well.
Mr. Ocha explained that in 1990, the Commission authorized staff
to pursue the purchase of two adjoining parcels totalling five acres
to allow for future expansion and buffering. He announced that one of
these parcels has been purchased and approved by the Board and staff
iS requesting that the second 2.5 acres parcel be approved for
: i~'~]~~ ~rchase is contingent upon the attainment of the provisional use in
:~.: ' advance of conveyance of the property.
Mr. Ochs indicated that staff is recommending, based on the racom-
mendation of the Golden Gate Citizens Advisory Committee, that an
additional $56,000 allocation from the Estates Trust Fund be made to
.~.. complete phase I improvements on this parcel.
In response to Commissioner Hasse, Mr. Ochs stated that $200,000
is currently appropriated for this project.
In answer to Commissioner Volpe, Lieutenant Tomltnson of the
Sheriff's Office reported that the additional acreage would result tn
a total of 9 acres for the completed facility.
Commissioner Volpe cited that he would hope that there would be
the opportunity for some of the engineering, plans, permits, clearing
and fill to be handled Internally to realize cost savings.
Col~tsetonsr Shanahan noved, seconded by Coutssloner Huae and
carrted unantmously, to (1) approve the Agreement providing for the
additional funds (not to exceed $56,000) necessary to construct addi-
tional improvements at the ~ultipurpose training facility and Chairman
to execute s&mel (2) approve the Agreement of ~ale and Purchase with
Isle N. Chrontster and Chatrlan to execute same (initial and date the
deletion of paragraph T.04) and provide for staff to proceed with the
proper closing and recordln~ of documentation (waiving those require-
lents of Florida Statute Section 125.355(1)(b)~ (3) approve en
Alinement to Lease Agreement and Chalr~an to execute sale upon con-
v~Tance of the Chronister sits to Collier C~t~ In order to Include
Page 5
3auuaz~ 14, 1992
th~ ~ l~al demcr/pt/on An the Lease A~reemnt dated Deceaber
1990; (4) waive ~ny ~nd all feee associated vrlth obtaining a
Provieton~! Uae (n/k/a Conditional Use) on the Chronteter eite when
pu~r~ed ~nd eteff to expedite the required process; and (5) budget
~me~nt approved in order to transfer the neceaaar~ f~de~ and
to attempt to f/nd ~ye to reduce coats of permite, clearing and fill.
Page 6
~:~;i' . January 14, 1992
al.! DAU
~ ' D~~ - ST~ TO ~P~K ~KDS ASSESS~, ~CHITKC~
~ ~~f KSTI~S ~ SITE ALTE~ATI~S TO ~&E WO~SHOPPKD
Emergency Services Administrator Reardon recalled that two months
ago the Commission directed staff to meet with the Airport Authority
to determine whether they concurred with the concept of an emergency
services center to be located at the airport. He advised that the
executive summary includes a letter from Mr. Travis, Executive
Director, Naples Airport Authority, indicating concurrence of the con-
cept, subject to negotiations regarding the property.
Mr. Reardon stated that the concept would be to merge a host of
facilities: helicopter operations, EMS/Medical response station,
emergency operation center, various offices for EMS and division
headquarters, warehouse, Medical Examiner's office and autopsy faci-
.... ltty and training accommodations.
He remarked that currently, the
majority of these facilities are rented.
Mr. Reardon explained that his request does not involve any com-
mitment of funds, but merely the authority to move forward with a RFP
and have a professional service firm come on board to determine if
staffts estimate of $5.5 million is accurate.
In response to Commissioner Hasse, Mr. Reardon explained that the
land proposed for this facility does have some environmental benefit,
noting that it Is an existing landfill site comprised of 48 acres. He
Indicated that the County would need to reclaim five of the 48 acres
the data gatned from reclaiming the five acres would allow the
Airport Authority to use same in considering what to do with the
remaining 43 acres. He announced that ~r. Travts advised that he
would work closely with staff in hopes of securing FAA grants to
assist tn offsetting the costs of the facility.
Mr. Reardon requested that staff be directed to negotiate with the
Airport Authority and move forward with the RFP process for Phase I
which would be to obtain a firm to assist staff in their opinions as
to what is factual and what is not factual.
Page 7
January 14, 1992
In response to Commissioner Shanahan, Mr. Reardon reported that
the proposed facilities are unique, some of w,htch need special
requirements if this endeavor ts to be a success. Commissioner
Shanahan suggested that this issue be discussed and debated with the
public having the opportunity to provide input.
Commissioner Saunders stated that he feels a detailed analysis of
each of the operations needs to be provided to determine whether they
should be expanded prior to hiring a consultant. He suggested that
Mr. Reardon and the Manager be directed to provide additional infor-
marion to address the overall picture of this issue to be workshopped.
Commissioner Volpe voiced concurrence, but noted uncertainty with
regard to centralizing the operation and raised concerns with respect
to the proposed property which is the "old landfill" since there may
be pollutants on that site. He indicated that there needs to be
serious testing of that site. Mr. Reardon replied that studies have
been done on the 48 acres and preliminary reports do not indicate that
there are any serious "toxic" type concerns at the Landfill.
Mr. George Keller, President, Collier County Civic Federation,
voiced objections to the County spending $5 million during these eco-
nomic times, noting that once commitments are made the programs will
have to be completed. He stated that the various facilities should
not be scattered throughout the County, and suggested that additional
land be purchased in the vlclntty of the Courthouse complex for these
· facilities. He indicated that this would allow the Manager and County
Administrators to have better control of the situation. He noted that
there were very little restrictions with respect to what was dumped at
the subject landfill site.
Mrs. Frances Barsh called attention to the $5.5 million cost of
the facility. She explained the overall rental fee of $?8,500 would
run for approximately 70 years to reach $5.5 mi/lion. She Indicated
this ts a substantial investment to make and suggested that the.
Commission take a conservative approach tn this regard. In addition,
~ she remarked if the County built the facility, it would be responsible
January 14, 1992
::: ,' for the maintenance, however, if tbs bulldtn~'l la leased, the o~'~er
~. would be responsible for same.
Cm~aluloner Saundsrs ~ovad, seconded by Conissionsr Hesse and
carri~dunani~ously, that staff be directed to prepare a needs
assessment, architectural program, sstlaates and site alternatives for
Imrpose~ of a ~ork~hop.
Ztu~gH!
i~:i ~CO~a~mmATION ~o co~I~ Tag ~~ O~ ~ ~C S~CgS
County Manager Dorrill advised that this ia a recommendation to
seek the Commission's conftrmat/on of the appointment for the position
of the Public Services Administrator. Re indicated that this position
has been vacant for more than a wear, and thanked Martha Skinner for
doing a fine Job in a caretaker's role.
Mr. Dorrill stated that this position was posted internally and a
number of applications were received, noting that ail qualified can-
didates were interviewed. He announced that the suggested candidate
.i · for this position is Mr. Tom Olliff.
Mr. Dorrill reported that under the Pub/lc Services Division there
'~ ars approximately 6 major projects needing immediate attention:
current agreements with Lee County, the developer and residents of
i]!! Lely Barefoot Beach with respect to the Preserve at the
south
end
and
the agreement with DNR; final negotiations for the development and
.?. ' potential concession amendment with the Registry at Clam Pass; final
be effective February 1st, 1992.
.... Commissioner Shanahan indicated that this Division definitely
needs leadership and someone to motivate the people to develop
decisions with respect to a soccer complex; annual contract between
the Board of County Commissioners and HRS; proposed changes in the
State Medicaid laws which will seriously impact the County; and deve-
lopment of the 6th Community Park site.
County Manager Dorrill stated that the proposed entry level salary
for this position is $48,567 and suggested that Mr. Olliff's promotion
Page 9
3anuar~ 14, 1992
programs within the organization. He remarked that Mrs. Skinner has
~'i.'done a commendable Job tn holding thts department together during the
'past year.
~..,. Commissioner Haaee voiced concurrence with Commissioner Shanahan's
co~ments. He affirmed that he strongly advocates this position being
ftlled, noting that Mrs. Skinner has been stretched very thin during
the past year. He stated that he believes Mr. Olltff ts a very com-
ii~' patent Individual and supports his appointment.
Commissioner Goodnight echoed the remarks of Commissioners
,, Shanahan and Hasse. She advised that she received a very positive
.~., comment last evening from an individual, who had recently had some
County business. She reported that the gentleman voiced his opinion
of support for Mr. Olliff.
Commissioner Volpe thanked Murdo Smith and Martha Skinner for Jobs
well done. He revealed that he ts supportive of promoting from within
s~nce it does a lot to promote the morale of an organizat~on.
In response to Commissioner Hasse, County Manager Dorrtll advised
that he desires to maintain the Assistant County Manager's position,
however, he will not be rep/acing the administrative position held by
Mr. Oll~ff.
Co~alaetoner Saunders Loved, seconded by Commissioner Shanahan and
carried unanimously, to approve the appointment of Tom Olltff u
Public Sarvlcem Administrator.
e~e ~eed: 10:20 A.M. - Reconvened: 10:30 A.M. at which time
D~put~ Clerk Farrts replaced Deput~ Clerk Hoffnan ***
*". ~&TION OF RECOI~NDATIONS PURSUANT TO THE COUNTY MANAGERtS
' MANAGemENT AND OR~ANIZATIONAL REVIEW - MEETING SCHEDULED FOR 2/5/92 AT
'?': 5:30 P.M.
County Manager Dorrtll explained this ts not intended to be a lay-
off proposal, but rather a recommendation and study by a Management
Team. He referred to a newspaper clipping which, in hie opinion, sum-
marized the intent of the study by exclaiming that "1992 ts a year to
real and to redefine and rethink a lot of what tt ts we have
000, : 3i
Page
14, 1992
done". He expounded that Just prior to Thanksgiving he impanelled a
Hanagement Team to make recommendations to him within three areas, end
each Division was given the chance to appoint a management person to
represent their Division. He explained the Team Approach was one that
sought to reach consensus and perform a fair and objective review of
each of the more than fifty departments under the Board of County
Commissioners. He related that the position classification and pay
plan has some 300 different ~ay titles, 54 of which are recommended
for elimination and consolidation with more reasonable titles
reflecting what employees are actually doing on a day-to-day
within their Job. He verified organizational charts were reviewed
~eterm~ne whether there are unnecessary positions which have been
created over time that now present an op~ortunity to streamline and
economize, concluding there are 27 posAt~ons whSch meet that criter5a,
2S of which are senior white collar management and professional
tAChS and 4 of which are blue collar secretarial support positions.
He stated all the pay plan titles and amendments to organization will
be complete by April let with attempts be~n immed~ately to place
affected employees in other organizational o~portunities.
Tape ~2
Commissioner Saunders pointed out the personnel charts and
descriptive material on the various administrative positions provided
'!. the Board of County Commissioners failed to provide descriptions for
the positions of Facilities Management, Assistant County Manager, as
well as the two Assistants to the County Manager. He suggested the
~. fundamental problem with the report is the potential difficulty for
team members to recommend that his/her particular Division
Administrator's Job is not necessary to be merged with another
i4:'~. Division and, therefore, only the Board of County Commissioners can
really make that evaluation. He agreed that a Workshop is necessary
on this issue.
; ' In response to Commissioner Volpe, Commissioner Saunders referred
to page 19 of the report, second from the last paragraph wherein it
Page
January 14, Z992
" .... this type of review by its nature requires a certain
amount of an "outstderts" perspective.", concluding there ts reason
for a continuance of this Item. He related there are additional
observations of this nature which he could share but does not fee!
necessary to address at this time point by point.
Commissioner Volpe reflected there is a Justifiable need to expe-
dite this matter due to the potential impact upon morale of the orga-
nization.
County Manager Dorrill pointed out he elected to go beyond the
recommendations of the committee in a number of areas.
Commissioner Shanahan concluded that outside input is available
today through the numerous persons registered to speak to thZs issue
as well as the input to be afforded by the Board of County
Commissioners. He concurred with the need to expedite this matter.
Commissioner Hasse concurred with the remarks made by Commissioner
Shanahan.
Commissioner Goodnight reasoned that the Board of County
Commissioners directed the County Manager to address this situation
and render recommendations from within, and expressed concern that
the County Manager solicited recommendations from the Advisory Boards
without having been directed to do so by the Board of County
Commissioners. She stated the Board of County Commissioners should go
on record that it is not trying to single out an individual and say
they no longer have a Job with Co/l/er County Government, but instead
w~lI try to place individuals into other positions or attempt to help
them get a ]ob outside County Government.
Commissioner Volpe concurred that the Board of County
'Commissioners directed the County Manager to look at positions in
an organization to determine how to streamline and consolidate
tions.
County Manager Dorrill suggested, rather than having an advertised
workshop, having an advertised meeting in a workshop fashion or a spe-
cial meeting, and it was the consensus to proceed tn that manner.
~age 12
$~nuar~, ~4, 1992
)'i: Commissioner maunders reported receipt of numerous telephone calls
..... and discussion concerning the Court Counseling Coordinator and the
Court Counseling Program, and Commissioner Volpe acknowledged receipt
of approximately two dozen letters regarding th~ matter.
Co~misstoner Saunders moved to let the Court Counseling
Coordinator position know today that the Board of County Co~isslonerm
will not cut funding for Its position, but the motion died for lack of
· N¢ond.
,'.~.~ ~: The fo/lowing persons voiced opposition to the elimination of the
the Court Counselor Coordinator position and alteration of the Court
Counselor Program citing reasons which include: "The Team" did not
really make the recommendation to eliminate or dispose of this posi-
t~on; the program is absolutely vital and the County cannot afford to
.eliminate it; and his salary ts earned many times over by money saved
on persons that are in the process of recovery rather than taking up
space in ~ail:
· Judge Thomas T. Trettis
::~ Frank B. Reeks, Director.of the Maverick House in Golden Gate
Kenneth J. Rote
Frank Baker, Member of Board of Directors for Collier County Bar
Association
eReferred to a letter written by Judge Carlton
Bernie Young, Chairman of Pelican Bay Municipal Advisory Board,
questioned why the Advisory Board would be dissolved without advance
,:~ notice. Be suggested it might not be appropriate to include a munici-
pal taxing district in the same review with normal County employees as
?.' . whatever costs are incurred in Pelican Bay for these purposes are not
borne by outside taxpayers.
.i'i Don Barber, Chairman of the Development Services Steering
Committee, applauded the efforts to control costs in government
'~'i"'Spending- but urged caution until cause and effect studies can be made
on the services being provided to the development community. He
stated there is a flaw in the system which eliminates Job positions
without talking to its customers and without looking ahead.
George Keller, President of Collier County C~vic Federation,
Page
January 14, 1992
stated he is not in favor of getting rid of positions by shoving them
i over to another Job which is not necessary tr~ order to keep employees
on the payroll as it does not accomplish anything. He expressed con-
cern over the number of employees in Planning and Zoning that are
being considered for replacement.
Commissioner Saunders reflected that in going through the eva-
luation process everyone must keep in mind the primary function is to
provide essential services directly to the community. He confirmed he
has a list of items he wants to discuss with county Manager Dorrill,
but added he feels it better to have a general generic discussion con-
cerning philosophy without making specific recommendations.
Discussion ensued regarding the next available hearing date for
this item at a time when a full board will be present.
Commission Volpe announced the meeting will be scheduled for
Wednesday, February 5, 1992, at 5:30 P.M., with the only item to be
discussed being the proposed ~anagement and reorganization rsvte~.
Itea tgA
BUD(t~T AMENDMENT TO PAY FOR SERVICES RENDERED BY EXPERT WITNESSES
R~TAIN~D BY THE COUNTY IN PREPARATION FOR THE ADMINISTRATIVE HEARIN0S
RESULTING FROM THE CITIZEN'S POLITICAL COMMITTEE'S CI/ALLKNGE TO THE
ZONINll I~EEVALUATION ORDINANCE AND ADEQUATE PUBLIC FACILITIES ORDINANCE
- APPROVED IN THE AMOUNT OF $36,5?0.94
County Attorney Cuyler stated that, although not pointed out in
the agenda, these costs are maximum and payment will be in accordance
with Chapter 112 In the event appropriate backup cannot be provided as
requested. He verified there were two invoices from Ttndale. Oliver &
.,.i:~:Assoctates, Inc. in the amount of $29,213.38, and from Lane Xendlg,
Inc. in the amount of $7,357.56, for an aggregate of $36,5?0.94.
In response to Commissioner Hasee questioning a dinner expense in
the amount of $41.46 reflected on the Ttndale Oliver and Associates,
Inc. itemization, county Attorney Cuyler concurred that lo not a mini-
mai amount and announced that unless backup can be provided evidencing
'.the meal was for more than one ~erson that particular expense will be
paid In accordance with the same cost staff is paid for meals.
Page 14
January 14, 1992
In response to Commissioner Volpe, Clerk of Courts Jim Giles con-
curred that the Unincorporated General Fund ]1! appears to be the
appropriate funding source for this item.
Co--atesIoner Shanahan moved, seconded by Couleetoner Haeae and
~:,~ carried ~l~ly, to a~r~e the ~dge~ ~en~ent In the ~mt of
$36,5T0.94.
ese Xec~me4~d: ~:55 A.M. - Reconvened: 12:30 P,M. at which
Deput~ Clerk Guevln replaced Deputy Clerk Farrte se~
P~BLIC COI,~IE]IT
George Keller questioned when the transportation Impact fee propo-
will be scheduled before the Board?
Transportation Services Administrator Archibald advised that item
ia scheduled for the meeting of January 21st.
Zte~I2BI
ORDIIEANCE 92-4 RE PETITION PUD-91-3, ROBERT L. DUANE OF HOLE, MONTES
AND &~OCIATES, INC., REPRESENTING DANIEL MONACO, TRUSTEE, REQUESTING
A I~ZON~ FROM A-2 TO PUD FOR A PROJECT TO BE KNOWN AS MOCAK~ PUD, A
COI~I~I~CIAL/INDUSTRIAL DEVELOPMENT FOR PROPERTY LOCATND IN THE
SOUTHNAST QUADRANT OF IMMOEALEE ROAD AND 1-75 CONTAINING ?.8 ACRES
MORE OR LESS - ADOPTED SUBJECT TO PUD DOCUMENT AS AMENDED
Legal notice having been published in the Naples Daily News on
November 20, 1991, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened to consider Petition PUD-91-3,
filed by Robert L. Duane of Hole, Montes & Associates, Inc., repre-
senting Daniel Monaco, Trustee, requesting a rezone from A to PUD
for a pro~ect to be known as MOCAKE PUD, a commercial/industrial deve-
lopment for property located in the southeast quadrant of Immokalee
Road and I-?§.
Commissioner Volpe stated he has a voting conflict with this item
.and will abstain from participating in the discussion. (Copy of
Memorandum of Voting Conflict on file with the Clerk to the Board.)
Planner Ntno explained Petition PUD-91-3 is a request to rezone
property from Agricultural to PUD for a 7.8 acre piece of property
located on the south side of Immokalee Road, east of the 1-75 and
Immokalee Road interchange. He said the MOCAKE PUD lies between two
Page 15
3anuart, 14, ].992
previously approved PUD'e, and all three make t:p the entirety of the
activity center designated on the southeast ¢/uadrant of Immokalee Road
and 1-75. He indicated the Petitioner proposes a combination of eom-
marc/al and industrial uses. He mentioned an agreement has been
reached that the commercial, retail and office type services will be
located on the exterior tract closest to and most visible from
'Immokalee Road, with the industrial portion to be located on the lots
most removed from that roadway. He said as a result of stipulations
and development commitments included in the PUD, the Petition is con-
eistent with all elements of the Growth Management P/aD. He concluded
the CCPG unanimously recommended approval and there was no public
opposition to this rezone.
Commissioner Shanahan inquired if this project phases into the
transportation construction schedules in the area?
Planner Nino replied currently, Immokalee Road at this location ie
at Level of Service (LOS) "A" or "B". He said the amount of traffic
that will impact Immokalee Road from this project will not exceed 5~
of LOS "0" and, therefore, is consistent with the Traffic Element of
the Comprehensive Plan.
In response to Commissioner Shanahan, Planner Nlno indicated none
of the three referenced PUD's have direct access to Immokalee Road.
He said all three projects have access to a service road which has
direct access onto Immokalee Road.
Planner Nino communicated there is one minor change on page 33 of
t~e agenda package within the PUD document. He said the word
"minimum" should be changed to "maximum". He clarified up to a maxi-
mum excavation of 20,000 cubic yards is permitted.
George Keller commented that Collier County should not permit
Industrial properties along this highway. He said commercial develop-
ment should be the maximum allowed.
Co~./saloner S~undere moved, seconded by Co--iesione~ Hesse ~nd
4/0 (Commissioner Volpe abstained), to close the public
O00P, . 37
Page 16
January 14, 1992
-'' ¢omatseioner Ooodnlght norad, seconded by Oonmissioner S&unders
·nd clrried 4/0 (Commissioner Volpe abstained), to approve Petition
PUD-gl-s, ~ub~ect to the change ~n the PUD document as noted above,
thereb7 adopting the Ordinance as numbered and titled below and
entered into Ordinance Book No.
ORDINANCE 92-4
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY
LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA, AND AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 8630N
BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL
PROPERTY FROM A TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS MOCAKE,
FOR COMMERCIAL USES, FOR PROPERTY LOCATED IN THE SOUTHEAST
QUADRANT OF 1-75 AND NAPLES-IMMOKALEE ROAD (CH-846), APPROXIMATELY
600e EAST OF THE INTERSECTION OF 1-75 AND NAPLES-IMMOKALEE ROAD
(CR-846), LOCATED IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, CONSISTING OF ?.8~ ACRES; AND BY
PROVIDING AN EFFECTIVE DATE.
,: >, · [
Page 17
i*" January 14, 1992
[,% Item ~12B5
ORDllI&NC~ 92-5 RH PETITION PUD-89-S1(1)~ MICV~EL R. ~~EZ OP
~R ~CI~ D~O~ TO BE ~0~ AS NO~ P~ C~ {P~
21}, ~A~ ON ~ NOR~ST CO~R OF 111~ A~ NOR~ ~ U.S.
NOR~ (~ ~ION OF I~DIATE CO~R PROP~), CONSISTING OF
1T.2 A~S - A~D S~CT TO ~ED P~ DOC~
Legal notice having been published in the Naples Daily News on
November 20, 1991, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened to consider Petition
~PUD-89-31(1), filed by Michael R. Fernandez of Agnolt, Barber and
Brundage, Inc., requesting a rezone from PUD to PUD for commercial
development to be known as North Park Center (Plaza 21), located on
the northwest corner of 111th Avenue North and U.S. 41 North (with
exception of immediate corner property, in Section 21, Township 48
South, Range 25 East, Collier County, Florida, cons/sting of 17.2
acres.
Planner Milk provided the Board with a revised PUD Document which
states the new ownership of the PUD. Me said Ericksen Communities
Inc., is replacing Dayton Hudson Corporation as owners. In add/t/on,
he said the new Document cites a new master plan which eliminates
tracts "A", "B" and "C". He said the name of the PUD has also been
changed from "North Park Center" to "Plaza 21". He indicated the orA-
gtnal document called for 112,000 square feet of commercial related
uses and 60,000 square feet of office related uses. He said this
amendment proposes 143,900 square feet of retail/commercial uses, eli-
minating the 60,000 square feet of office space. He stated the change
represents an increase in commercial space of 31,900 square feet. He
indicated from a traffic perspective, this will generate a daily
Increase of approximately 100 trips. He advised the project Is
totally within an activity center, has frontage on two large roads
within that activity center, provides access both to 111th Avenue
North and U.S. 41, and also provides access to the commercial C-3 par-
cel directly at the intersection. Ne said the subject property is
located contiguous to the Beachway PUD and across the street from
Page 18
January 14, 1992
Collier Tract 22, which contains a 252,000 square foot commercial
development. He said to the southeast is an undeveloped A-2 parcel,
to the south is Naples Park RMF-6 zoned property, and immediately to
the south is the Days Inn PUD.
In response to Commissioner Volpe, Planner Milk stated the Days
Inn PUD ts entirely within the activity center. He said In talking
with the owners of the property, they plan at a later point In time to
revise the PUD from a motel use to an office/retail development.
Commissioner Hasse commented this appears to be a large activity
center.
Planner Milk agreed and pointed out the Plaza 21 parcel on the
north half of lllth Avenue North will share a median opening with pro-
perties to the south, including the Days Inn PUD. He said 111th
Avenue North is proposed to be four-laned with a signal light at the
main entrance to Plaza 21, and the petitioner is coordinating with the
owners of the Doane property to allow internal access for greater cir-
culation flow without accessing U.S. 41 or Xllth Avenue North from
Ingress and egress standpoints.
Planner Milk noted the CCPC has forwarded a unanimous recommen-
~!'*dation of approval for Petition PUD-89-31(1) as well as a Companion
!~' Petition SMP-91-15. He indicated his belief, however, that the new
owners intend to withdraw the companion petition which took into
account Tracts "A", "B" and "C" on the old PUD which now is a large
master plan eliminating those tracts.
Commissioner Volpe recalled the contract for Immokalee Road was
amended to incorporate Into the design the western side of this Inter-
section. He asked Transportation Services Administrator Archibald to
comment on how that project fits into this proposal?
Transportation Services Administrator Archibald reported Staff has
worked out agreements for right-of-way acquisition with this property
owner to allow the four-laning of 111th Avenue North and is very close
to finalizing a similar arrangement with the owner to the south. He
said the parcel that is immediate to the corner may have to go to con-
Page 19
January 14, 1992
'~! demnatton if direct negotiations with the owner are not successful.
He advised everything on the south side and the subject parcel will
~-.~ provide right-of-way to allow the future four-lanAng of 111th Avenue
North, as well as provide for appropriate acceso between the parcels
on the north and south $ldes.
Commlsstoner Volpe asked what will be the access onto lllth Avenue
~..~North from thls proposed PUD?
il Transportation Services Administrator Archibald replied the point
of access, which has been worked out with the owner of thts property
and the owner on the south slde of the roadway, ~s expected to provide
good access from both the east and westbound lanes. He pointed out
that good access is not guaranteed to the parcel on the corner.
In response to Commissioner Volpe, Dan Brundage with Agnolt,
Barber and Brundage, stated the project ~s proposed to be basically a
neighborhood shopping center and does not anticipate the inclusion of
institutional type uses such as day care centers.
Planner Milk commented that child care is provided for in the PUD
Document on page 3-1 under Principal Uses.
Comm/sstonmr Goodntght moved, seconded by Commiss~one~ Kuose and
carried un&ntmouely, to close the public hearing.
Comm~osioner Goodnight moved, seconded by Conlee~oner Shanahan
and c~ried unanimously, to approve Petition PUD 89-31(~), rab~ect to
the ~mended PUD Document, thereby adopting the Ordinance &g numbered
and t~tled below and entered into Ordinance Book No. 50=
ORDINANCE 92-5
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY
LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA, AND BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED
8521S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT
DEVELOPMENT KNOWN AS PLAZA 2~, FOR COMMERCIAL DEVELOPMENT, FOR
PROPERTY LOCATED NORTHWEST OF THE INTERSECTION OF IllTH AVENUE
NORTH AND U.S. 4~, IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 25
EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 17.2 ACRES; PROVIDING
FOR THE REPEAL OF ORDINANCE NUMBER 90-44, AS AMENDED THE FORMER
PLAZA 2~ PUD; AND BY PROVIDING AN EFFECTIVE DATE.
RE$OL~:T~ZO~ 92-1~ R~ P~TZTION &~-91-015, BOB /~IRR~S 0~ Qo GR&D~ROR
AND ASSOCIATES, REPRESENTING SAMUEL, HARRISON ANDALBERT HUBSCKMA]fAND
Pa~e 2o
1992
TERI~T B~"I~T, ~QUESTING TO VACA~ TRACTS "M' AND aN", AND TWO
DRAIHAG~, MAIN/~ENANCE AND ACCESS EASEMENTS LOCA~D ON THE PLAT OF
FALLIIIG MATE~S-ADOPT~D
Legal notice having been published In the Nap/es Daily News on
November 24th and December 1, 1991, as evidenced by Affidavit of
~ubltcation filed with the Clerk, public hearing was opened to con-
~lder Petition AV-91-105, filed by Bob Thinnea of Q. Grady Minor and
Associates, representing Samuel, Harrison and Albert Hubschman and
Terry Beyrent, requesting to vacate tracts "M" and "N", and two
drainage, maintenance and access easements located on the plat of
Falling Waters, as recorded in Plat Book 18, Pages 51-53 of the public
records of Collier County, Florida.
Transportation Services Administrator Arch/bald asked the Board to
consider Petition AV-91-015 for vacating a series of easements and
tracts in the current plat of Falling Waters. He said the Falling
Waters project te located near the southwest corner of the intersec-
tion of S.R. 84 and Santa Barbara Boulevard. He reported the project
is primarily a multi-family development, and part of the development
involves the need for retention areas as well as a series of drainage
easements. He stated this petttton will revise the easements that
have been previously recorded, by deleting an amount of drainage ease-
ments, lake and retention areas, along with Tracts "M" and "N" which
will Produce the same results. He explained these changes are driven
~! b~ environmental permitting requirements and will not effect the den-
stty of the project. He noted the appropriate letters of no objection
have been received, the resolution has been reviewed and approved by
the County Attorneyts Office, and Staff recommends approval based on
~i~' the fact they foresee no change or adverse impact on access by pro-
-' ceasing this vacation.
Commissioner Hasse mentioned there have been many problems with
~rainage in that area and asked if approval of this petition will
i:!i impact that situation?
Transportation Services Admlnlstrator Archibald replied that the
Page
January 14, 1992
project is self-contained relative to handling the drainage problems
on its own property. He said regarding thosf~ problems resulting from
drainage coming under Davis Boulevard and draining to the south, the
applicant has addressed that concern by install~ng a perimeter swale
arid spreader waterway system. He said that will a/low the historic
'sheet fall that may fall upon or be placed upon this project to follow
the perimeter of the boundaries and continue on to the south.
Commissioner Hasse asked if that will ultimately affect the
Champagne Square area?
Transportation Services Administrator Archibald advised that
entire area is affected by the sheet flow. He added much of the
Pine/and area is inundated during the rainy season. He said this
developer must do the same as all others An the area, by not only pro-
viding for the management of water that falls on his site, but also by
handling the water that would come upon his site from the north tra-
veling to the south. He said he does not foresee this project
affecting either the Riviera or Champagne areas.
Mark Minor, the engineer for Falling Waters, stated this 88.5 acre
project is self-contained, and is limited to three six-inch diameter
orifices for their outfall at the southeast corner of the project into
a spreader swale. He said the amount of discharge after the project
is completed will be equal to or less than what it currently is as an
undeveloped piece of property.
Commissioner Shanahan concurred with Commissioner Hesse's concerns
with ensuring water management on the property is self-contained.
Transportation Services Administrator Archibald communicated that
Staff knows what the applicantts plans are and also knows that the
drainage system will be self-contained. ~e cautioned, however, that
Staff cannot assure the Board that drainage problems in the area will
be eliminated, they can only state the process in Collier County and
the requirements on the applicant are such that this will not compound
the problem. He added based on the requirements for detention and
retention, particularly the South Florida Water Management permit, the
Page 22
January ~4, ~992
property will actually retain more water on the post-constructed site
than what occurs under existing conditions.
In response to Commissioner Volpe, Transportation Services
Administrator Archibald stated the substitute e~sements are now ~n
place, however, have not yet been officially processed because this
vacation has not occurred.
C~tu~one~ Sannders ~oved, seconded bF Cou~ss~one~ Shar~ ~d
c=~H~~l~, to close the ~bl~c hearing.
C~..~er Sa~der. ~ed, ~econded ~ Co~..loner S~~ ~d
c=~H ~~1~, to appr~e Petition AV-9~-0~5 w~th the
~e~t~ng t~t the n~ plat will ~ recorded, there~ adopt~n~
R~lutl~ 92-13.
Page 23
January 14, 1992
Zta#/2c2
ORDINANC~ 92-6 AMENDING SEVERAL EXISTING ORDINANCES TO FROVIDE FOR TH~
I~ILRCO I~LAND BEACH REROURISIIMENTADVIS0RYCOMMITTEE TO &SSUME AIIDEAVE
TH~ POllERS, DUTIES AND FUNCTIONS OF THE MARCO ISLAND BEAC1TFRONT
RE]IOURIS~MENT COMMITTEE &ND DISSOLVING AND ABOLISHING THE MARCO ISLAND
BEACHFRONT JLDVIS0RY COMMITTEE - &DOPTED
Legal notice having been published tn the Naples Daily News on
December 24, 1991, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened to consider an Ordinance amending
several existing Ordtnancea to provide for the Marco Island Beach
Renourtehment Advisory Committee to assume and have the powers, duties
and functions of the Marco Island Beachfront Renourtshment Committee,
and dissolving and abolishing the Marco Is/and Beachfront Advisory
Committee.
County Attorney Cuyler explained this proposed ordinance puts the
powers, duties and functions that were previously assigned to the
Marco Island Beachfront Renourtshment Facilities Municipal Service
Taxing Unit into a single advisory board which will provide recommen-
dations to the Board on both Taxing Units on Marco Island. He said
this will not change the Units themselves or the funding and will not
co-mingle the funds tn any way of the two separate Units.
Commissioner Shanahan added the Intent of this proposal was to
formulate a committee that would make the decision for the entire
beachfront renourtshment program as well as to administer the funds of
the Is/and-wide beach renourtehment fund. He said to be consistent,
four members of the Beach Renourishment Committee, including the
Chairman, Frank Blanchard, were incorporated Into the new committee
for continuity and understanding as to what was previously done. He
;said the Board se/ected a fifth member who ts ales a beachfront res/-
dent, and four other members were elected who are not beachfront rest-
dents. He added Mr. Blanchard was elected Chairman of the new group.
Commissioner Volpe questioned if there is a mechanism to en~ure
representation on the consolidated Board wi// consist of both
i~.beachfront and Inland residents?
Pa~e 24
January 14, 1992
County Attorney Cuyler replied the Ordinance establishes that the
'I, Board will consist of five beachfront and four inland residents.
Frank Blanchard communicated two problems have resulted from the
consolidation of the two advisory boards. He said there is the per-
ception from a number of people on the beachfront who believe their
rights have been removed, yet there is an Ordinance they voted on. He
also indicated when the larger committee was reappointed, one of the
Beachfront Committee members were not transferred to the new board
which has created friction. In his opinion, he said, merging the two
committees is premature. He advised the MSTU's were voted on by two
different groups of people, and the objectives of both Taxing Units
are different. He said his best recommendation would be to dissolve
both MSTU's and start over, adding that the first MSTU is flawed.
In answer to Commissioner Hasse, Mr. Blanchard stated the MSTU was
never really understood. He said he does not understand since the
beachfront ordinance has not been completed, why it should be can-
celled at this point and create something that will cause more contro-
versy. He pointed out the message he sees is that the Board of County
Commissioners can take two sets of voters who have approved ordinances
:~ and make a change without their input. He said if the Board will not
d~ssolve both MSTU's and start over, his suggestion is to delay action
this date. He indicated nothing will be accomplished by this and
~there is no change in government costs.
· In response to Commissioner Volpe, County Attorney Cuyler stated
is no reason the Board of County Commissioners cannot change the
' two ordinances, because they involve advisory boards and do not change
the separate legal entities of the two Taxing Units.
~. Commissioner Volpe commented funds are being held by the respec-
i~ rive MSTU's and are earmarked for specific purposes that will not
change, to which County Attorney Cuyler concurred.
Commissioner Saunders suggested the Board seriously consider Mr,
Blanchard's advice to de/ay action on this consolidation.
OomtimmAonmr Shmnmhmn moved, seconded by Conissionsr GoodnAght
Pa~ 25
3an~ary 14, 1992
~ C~=Tled unanimously, to close the ~bllc
. C~tsstoner S~~ moved, seconded ~ Coutssloner Go~lght
'~d ~1~ 4/1 (Co~tsstoner Sanders oppoaed) to adopt the Ordln~ce
u numbered and titled below and entered into Ordinance Book No. 60:
ORDINANCE 92-6
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 86-31,
ORDINANCE NO. 86-91, ORDINANCE NO. 88-59, AS AMENDED, AND
SUBSTANTIALLY SUPERSEDING ORDINANCE NO. 89-03; PROVIDING FOR THE
MARCO ISLAND BEACH RENOURISHMENT AND PUBLIC ACCESS MUNICIPAL
SERVICE TAXING UNIT ORDINANCE (NO. 86-31) AND THE MARCO ISLAND
BEACH RENOURISHMENT ADVISORY COMMITTEE ORDINANCE (NO. 86-91) TO
REFLECT AND AUTHORIZE THE MARCO ISLAND BEACH RENOURISHMENT
ADVISORY COMMITTEE AS ASSUMING AND HAVING THE POWERS, DUTIES AND
FUNCTIONS OF THE ADVISORY COMMITTEE PROVIDED UNDER ORDINANCE NO.
88-59, AS AMENDED; PROVIDING FOR THE AMENDMENT OF ORDINANCE NO.
88-59, AS AMENDED, TO REFLECT THAT THE MARCO ISLAND BEACH
RENOURISHMENT ADVISORY COMMITTEE IS THE ADVISORY COMMITTEE WITH
THE DUTIES AND RESPONSIBILITIES PROVIDED UNDER ORDINANCE NO.
88-59, AS AMENDED; PROVIDING FOR THE DISSOLUTION AND ABOLISHMENT
OF THE MARCO ISLAND BEACHFRONT RENOURISHMENT ADVISORY COMMITTEE;
PROVIDING FOR ORDINANCE NO. 89-03 TO BE SUPERSEDED EXCEPT FOR
SECTIONS SEVEN AND EIGHT; PROVIDING FOR REPEAL OF RESOLUTION NO.
89-29 AND RESOLUTION NO. 89-82A; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
~ lt~#lSil
~!' R~SOLUTION92-14 RE P~TITION V-91-14, :AClCW. AND I. 3?.ANWOIUtEL,
~q~~ A ~ (10} ~OT V~I~CE ~ON ~ ~QUI~D ~N (10) ~T
~ T~ S~ ~R A SC~EN ~CLOS~ TO ZERO (0) ~ ~R ~OP~
~:. L~A~ AT 2328 PI~OOD CIRCLE - ~ED S~CT TO PETITIO~R~S
~;~. A~ S~
Legal notice having been published In the Naples Dally News on
December 29, 1991, as evidenced by Affidavit of Publication filed with
;.. the Clerk, public hearing was opened to consider Petition V-91-14,
~"/ filed by Jack W. and I. Jean Worrel, requesting a ten (10) foot
variance from the required ten (10) foot rear yard setback for a
screen enclosure to zero (0) feet for property located at 2328
Pinewood Circle and further described as Family Living Unit 28, Pine
Woods Condominium, Unit 4.
Planner Arnold.presented Petition V-91-14 requesting a 10-foot
variance from the required rear yard setback for a single-family home.
Ne said Staff reviewed this request for consideration of a possible
hardship related to the land, however, has determined there is no
hardship. He said the configuration of the site would allow the
Page 26
January 14, 1992
screen enclosure around the pool, albeit not as large as they would
:like. He noted the CCPC voted unanimously to recommend denial of
'etttlon V-91-14.
Oommtsstoner Volpe commented there appears to be pool decking
~wtthin the rear yard setback and asked If this request la to allow the
screen enclosure to line up with the pool decking already in place?
Planner Arnold explained the pool deck material does encroach into
the setback, but Is not considered a setback violation under the
County's Ordinance. He said the petitioners are requesting to put a
screen enclosure around paver blocks which are on their property line.
In answer to Commissioner Volpe, Planner Arnold Indicated having
received one negative phone call from a neighbor across the street,
however, it was never followed up with written correspondence.
Jack Worrel explained he was not aware of where his lot line was
because he did not have a loan on the house and the property was not
surveyed. He said he has since had a survey completed by someone who
indicated the lot was not laid out as originally planned. He men-
tioned that he has received letters of no objection from the utility
companies and also has a petition signed by a number of neighbors,
including the man who originally objected to the variance.
Planner Arnold indicated Staff's recommendation for denial is
based on the fact that a finding of hardship as it relates to the land
was difficult, given the lot meets the size requirements as it was
platted.
¢onntsstoner Volpe observed that this Is a untque situation, the
.' applicant needed no variance for the paver blocks already In place and
':'.':there are no objections from neighbors or the utility companies.
Co~.sioner Saunders Loved, seconded by Co--.tssioner Shanahan and
:,~.-. ca~ri~d iz~anl~ouely, to close the public hearing.
~o~tesioner Saunders ~oved, seconded by Co.missioner Hasse and
a~; carried m~ani~usl¥, to approva Petition V-91-14 subject to the Peri-
Sheet, thereby adopting Resolution 92-14.
O00,,,,: 58
Page 27
January 14, 1992
Item ,13A2
;)PETITION FDPO-91-4, JAMES MCKINNKY, JR., ~:Q~STING A V~I~CE ~
~ ~~ ~ ~D KL~ATION AS ~QUI~D BY ~OOD D~GE
~I~ O~IN~CE (~) ~ 87-80 AS INC0~TED ~ RK~CE
I~ ~ COLLI~ CO~ ~ D~O~ CODE, ORDIN~CE NO. 91-102,
~R ~O~ DKS~IBED AS 618 S~SET DRIP, LOT 20, BLOCK K, GOOD~
I~ES, FI~T EDITION - C0~I~D
County Attorney Cuyler reported Petition FDP0-91-4 was not adver-
rased, therefore, must be continued.
P.E~OLUTION 92-15 Rg PETITION V-91-18, PAUL GRIMM OF ATRIUM HOMES AND
DEVELOPMENT, REPRESENTING CHARLES BENFIELD, REQUESTING A 5 FOOT
VAltIAIC~ FROI~ TH~ REQUIRED 30 FOOT FRONT YARD SETBACK TO 25 FEET FOR
LOT 21, BLOCE 353, MARCO BEACH UNIT 11 - ADOPTED
Legal notice having'been published in the Naples Daily News on
December 29, 1991, as evidenced by Affidavit of Publication flied with
the Clerk, public hearing was opened to consider Petition V-91-16,
filed by Paul Grimm of Atrium Homea and Development, representing
Charles Benf/eld, requesting a five (5) foot variance from the
required thirty (30) foot front yard setback to 25 feet for Lot 28,
Block S53, Marco Beach Unit 11.
Planner Young stated Petition V-91-16 is a request for a five-foot
variance from the required 30-foot setback for property located on the
corner of Bald Eagle Drive and Giralda Court on the northern portion
of Marco Island. He said this variance does not seem to meet any of
the criteria for granting a variance. He indicated there are no
hardships of any kind associated with the land. He mentioned the one
circumstance which ts peculiar in this case te the zontng district
boundary. He explained the subject lot is zoned RSF-3 which requires
a 30-foot setback, however, the adjoining property which ie in an
RSF-4 district, requires a 25-foot setback. He said the variance ia
· being requested in order that the houses along Bald Eagle Drive be
located evenly along the street. He reported this variance ia being
requested mostly for neighborhood aesthetics. He advised the CCPC was
divided in its vote, and a motion for dental did not pass. He said a
second morton for approval resulted in the CCPC forwarding Petition
Page 28
3anuar¥ 14, 1992
-,V-91-16 to the Board of County Commissioners with a recommendation for
approval by a vote of 5/2.
Commissioner Shanahan commented the Marco Island Civic Association
has no objection to approval of this variance.
Planner Young added that several neighbors who were originally
concerned with the request are now in support of the petition.
In answer to Commissioner Sha~ahan, Planner Young stated this
request does not meet any of the criteria in the Ordinance, therefore,
~.-;:. the recommendation of Planning Services Staff ts for denial.
;~::;', ~nd carried unanl~ovsly, to a~r~e Petition V-91-16, there~ ad.ting
~lutl~ 92-15.
~,,*,
C~lest~ner Saundere ~oved, seconded by Commissioner Shanahan and
carrted unant~usl¥, to close the public hearing.
Commissioner Shm.nahmn ~oved, seconded by Conteetone~ Goodntght
Page 29
January 14, 1992
~'13A4
RESOLUTION 92-16 RE PETITION V-Ol-l?, LOIS S. HOSKINS REQUESTING A
13-FOOT VARIANCE FROM THE REQUIKED FRONT YArD SETBACK OF 20 FEET TO 7
FEET, AND A 19-FOOT SETBACK OF 20
REQUII~ED
FEET TO ONE (1) FOOT IN A VR ZONING DISTRICT FOR LOT 18, BLOCK 6,
GOODLAND HEIGHTS AMENDED - ADOPTED WIT~ STIPULATION
Legal notice having been published In the Naples Daily News on
December 29, 1991, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened to consider Petition V-91-17,
.< , filed by Lots S. Haskins, requesting a 13-foot variance from the
i! required front yard setback of 20 feet to 7 feet, and a 19-foot
, variance from the required rear yard setback of 20 feet to one (1)
ii.l. foot in a VR Zoning District for Lot 18, Block 6, Goodland Heights
.'~ amended subdivision.
Planner Young advised this request for a variance has a hardship
associated with the land. He said most lots tn this subdivision have
frontage and lO0-foot depth. He Indicated the subject lot has
lO0-foot frontage with a 40-foot depth. He said the required front
and rear yard setbacks of 20 feet leaves no room to build. He men-
tioned the current structure is a two-story residence and the first
story is subject to frequent flooding, therefore, it does not meet the
requirements of the Flood Damage Prevention Ordinance (FDPO). He said
the applicants are proposing to remove the first floor of the existing
residence and reconstruct it as a second floor addition. He stated
all the new construction will meet the criteria of the FDPO. He
concluded Staff along with the CCPC recommend approval of Petition
· i' Commissioner Volpe inquired if this request should be approved
'with the restriction that the first floor will not be a habitable
structure?
~:L ~ Planner Young reported if the Haskins keep the new construction
below ~0~ of the value of the house, the County will not be able to
require them to bring the entire house up to the standards of the
FDPO. He said after several discussions with the petitioners,
Page 30
3amuar¥ 14, 1992
however, they have assured him their Intent tc to bring the house up
· to coda as much as possible.
~i!ii~ili Comntsstoner Volpe Indicated he ts supportive of granting the
.'variance with the stipulation that the bathroon, facilities on the
first floor are eliminated.
Bruce Hosktns explained their plan Is to construct two bedrooms
and a bathroom on the second story. He said they would very much like
the washer and dryer to remain on the ground level, and to leave the
'bathroom tn place for convenience.
Commtastonar Saunders ~oved, seconded by Co~atsstons~ Shanahan ~d
cmi~ ~tnly, to close the ~bl/c hearing.
C~a/~r ~~ ~ed, seconded ~ Co~/setoner S~dere ~d
~1~~1~1~, to a~r~e Petition V-91-17 w/th the ot/~lat/on
~t ~ ~bttat/~ ~ all~d on the ~d floor, there~ adopt/ng
~lutin 92-16.
Page 31
~ OF CO~I"fY COI~XSSlO~" COI~YlIIC&TIOIt~
January 14, 1992
Commissioner Volpe commented that the County needs to improve com-
~unication with the residents regarding the yard trash pick-up taking
the place of household garbage once per month.
County Manager Dorrill indicated the yard trash program is
creating a severe problem for residents across the entire State.
Commissioner Shanahan questioned if the petition for exemption has
been submitted?
County Manager Dorrill answered in the affirmative, adding that
the Board may want to consider submitting a resolution to the legisla-
tire delegation opposing the new law. He recalled the Board has in
the past Indicated an Interest in the Materials Reclamation Facility
,: (MRF) concept He said if that is approved the current recycling
program may be eliminated in favor of the horticultural pick up, while
~maintaintng twice per week garbage collection without increasing
costs.
*** Comalasionsr Shanahan loved, seconded by Conissioner
~md csrriedun~ni~onsly, that the follo~ing items under the con-
~ent ag~nd~be approved ~nd/or adopted:
ACCEPTANCE OF II'REVOCABLE STANDBY LETTER OF CREDIT TO GUARANTEE
CO#PT~t~XO~ OF ~CAVATION PERMIT NO. 59.440 'SAM'S WHOLESALE CI~
See Pages
Xtem#16&2
FINAL PLAT OF 'AUDUBON COUNTRY CLUB, UNIT 'l'WO# - WITH STXPULATXON~
2e
3e
4e
That the final plat not be recorded until the required impro-
vements have been constructed and accepted or until approved
security is received for the tncompleted improvements and
that construction shall be completed within 36 months of the
date of this approval,
Authorize the Chairman to execute the Construction and
Maintenance Agreement.
That no building permits be issued until the final plat is
recorded.
That the easement for the wetland preserve west of Unit Two
will be recorded prior to the plat being recorded and
referenced on the plat by O.R. Book and page.
Page 32
January 14, 1992
See Pages
RgSOLUT/OR 92-11, AUTHORIZING THE CHAIR]~ TO ~C~E C0~CT~
B~ CO~/~ CO~ ~ ~LO~S ~O ~C~Z~ ~ S~SIDZES ~
CO~I~ ~ SE~ION 8 HOUSING ~O~
~'~ lte~a ,16&4
~i COIrSTRUCTION ~S FOR 'QUAIL CREE~ VILLAGE, PHASK III-Aa
Authorize the Chairman to execute the Construction and
Maintenance Agreement.
2e
That no building permits be issued until the improvements
have been constructed and received preliminary acceptance by
the Board of County Commissioners.
See Pages ~"'~ -- ~
Zt~m #16A~
!'ii, &CCKPTANCR OF MILT'KIt FACILITIES FOR PIP. tS ~I~E, ~S~ I~ - ~
The water facilities to serve the project cannot be placed
into service and no Certificate of Occupancy shall be issued
until the Florida Department of Environmental Regulation fur-
nishes a letter authorizing the placement of the sewer system
into service and approving the water distribution system for
service.
Bacteriological testing has met the County's requirements.
The Fire Flow requirements of the project have been
satisfied, and the Fire District furnishes a letter accepting
the fire hydrant for o~nershlp and maintenance.
4e
Receipt of payment of water usage from Utilities for bac-
teriological testing.
OR Book 1700 Pages 470 - 489
That the Board of County Commissioners accept as surety the
Cashier's Check for the cash bond in the amount of $2,741.10.
Xtem,16B1
LF~SI ~ BHTMEEN COLLIER COUNTY, AND DOUGLAS JOHI~0N, FOR THE
UTILXZAT/ON OF .33 ACRES OF LAND AT THE IMMOKALEE AIRPORT FOR THE SOLE
!'~! ' PURPO"B~ OF ~fORING OPERABLE AIRCRAFT
See Pages
Item ~16C1
CONTRACT AMENDMENT INCREASING COMMUNITY CARE FOR THE ELDERLY SERVICES
See Pages
January 14, 1992
'~'~'UB'-C~ITI~,CT TO MEDICAL PERSONNEL POOL FOR OLDER AMERICAN'S ACT GRANT
(RE BID 90-1667)
~B-COMTRACT TO QOE~R FOR A D&Y FOR OLDER AY~RTCAN'S &CT GRANT
(RE BID 90-1667)
See Pages
Tte~ #16D1
NOTIC~ OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF SEWER
'IMPACT FEES FOR PHILIP A. MARRONE AND ANNA MARIA MARRONE, HUSBAND AND
,ce Pages
Item ~16E1
R~SOT~TION 92-12, AUT~0RIZING THE CHAIRMAN TO EXECUTE LIMITED USE
LIC~S~ &G/~EEM~I~ FOR THE CURRENT CH&IRMAN'S TENURE 0RLY
See Page
~I~]I~'~MEDICAL SERVICES CERTIFICATE OF PUBLIC CONVENIENCE AND
THE FEAR 1992
Item #16F2
~ ~Y ~L~ ~~CE S~VICE, INC. C~TIFICA~ OF
~IC ~~E ~ ~CESSI~ FOR ~ ~ 1992
ASSIGNMENT AND ASSUMPTION AGREEMENT BETWEEN COLLIER COUNTY AND THE
SOUTN PLORIDA NATER MANAGEMENT DISTRICT FOR ASSIGNMENT OF DRAINAGE
RIGRT~ AND ASSUMPTION OF MAINTENANCE RESPONSIBILITIES CONTAINED IN THE
COOFEIUkTI~ A~EMENT BETWEEN THE PARTIES DATED FEBRUARY 19, 1991
See Pages /~ ~ -' /~ 7
Item 916H1 -- Continued to 1/2~/92
Xt~ ~1~1
~I~S 0F C0~ION T0 ~ T~ ROLLS ~ ~S~D ~ ~
~ ~~S 0~I~
109
No~s, 58/59
January 14, 1992
1991
Dated 12/31/91
TANGIBLE PERSONAL PROPERTY
1991
Dated 1/6 & 1/7/92
EXTItA~AIN TIME FOR INMATE NO'S. 22003, 71114 AND 73208
: Item #1633
~ATI~ACTXON OF LIEI~ FOR SERVICES OF THE PUBLIC DE~
Item #163
MIS~ELF~N~)US CORRESPONDENCE - FILED ~/OR ~~D
There being no objection, the Chair directed that the following
miscellaneous correspondence be filed and/or referred to the various
departments as indicated below:
Public Notice from the Department of the Army, Corps of
Engineers, re Permit Application No. 199101731{IP-BB), Lely
Development Corporation. xc: Bill Lorenz and filed.
Letter dated 12/31/9! to Chairman from Robert Pennock, Chief,
Bureau of Local Planning, Department of Community Affairs,
responding to a letter from Collier County Audubon Society.
xc: Frank Brutt, Bill Lorenz and filed.
3e
Memo dated 12/19/91 to Chief Elected Officials and Other
Interested Parties from Lewis O. Burnside, Jr., Director,
Division of Housing and Community Development, Department of
Community Affairs, re Federal Fiscal Year 1992 Small Cities
Community Development Block Grant (CDBG) Program Funding
Cycle and Workshop Schedule for Ail Eligible Applicants.
Letter dated 12/11/91 to Sheriff Don Hunter, from Virgil
Choate, Correctional Officer Inspector II, Department of
Corrections, re Corrective Action Response - Follow Up
Inspection. xc: Filed.
Memo dated 1/6/92 to Sheriff Don Hunter, from Virgil Choate,
Department of Corrections, re Correction for 2nd Annual
follow-up Inspection. xc: Flied.
Rulemaktng notices appearing in the 12/12/91 Florida
Administrative Weekly. xc: Bill Lorenz, Frank Brutt and
filed.
Letter dated 12/24/91 to Sir or Madam, from Dana Minerva,
Administrator, Office of Intergovernmental Programs,
Department of Environmental Regulation, re Preliminary Public
Works Program. xc: Frank Brutt, Bill Lorenz and flied.
Letter to Chairman dated 12/19/91, from Timothy F. Varley,
Chief, Housing Programs Branch, 4.6HDH, Department of Housing
Page 35
10.
11.
12.
13.
14..
15.
16.
17.
18.
19.
January 14, 1992
and Urban Development, re Fully Execut:ed Annual Contributions
Contract (ACC) and budget, xc: BCe, Russell Shreeve and
filed.
Copy of letter dated 12/26/91 to Collins K. McKay, P.E.,
Wilson, Miller, Barton & Peek, Inc., from Tony D. McNeal,
Engineer, Bureau of Coastal Engineering and Regulation,
Department of Natural Resources re Permit #C0-339, James P.
Lennane. xc: Frank Brutt, Bill Lorenz, Stuart Santos and
filed.
Copy of letter dated 12/26/91 to Col/ins K. McKay, P.E.,
Wilson, Miller, Barton & Peek, Inc., from Tony D. McNeal,
Engineer, Bureau of Coastal Engineering and Regulation,
Department of Natural Resources re Permit #C0-257 MI, Collier
County Board of County Commissioners. xc: Frank Brutt, Bill
Lorenz, Stuart Santos and filed.
Copy of letter dated 12/26/91 to Jeffrey A. Nunner, Hole,
Montes & Associates, Inc., from Tony D. McNeal, Engineer,
Bureau of Coastal Engineering and Regulation, Department of
Natura! Resources re Permit #C0-340 ATF CF. xc: Frank Brutt,
Bill Lorenz, Stuart Santos and flied.
Development Services Department and Growth Management
Department Community Development Division Audit of Revenue
Collection Activity dated 12/10/91, prepared by Carmen
Fattca, C.P.A., Director of Internal Auditing. xc: Filed.
Memo dated 12/2/91 from Roy Terry, Coordinator of Substance
Abuse Prevention, w/Collier County Public Schools Minutes of
11/25/91. Filed.
Minutes Received and Flied:
Environmental Policy Technical Advisory Board minutes of
12/16/91.
Marco Island Beautification Advisory Committee minutes
of 12/4/91.
Co
Port of the Islands Community Improvement District minu-
tes of 10/17/91.
D. Planning Commission agenda of 1/2/92.
Notice to Owner dated 12/18/91, to Collier County Parks &
Recreation Department, from Jensen Engineering Contractors,
advising that they have furnished drainage installation and
equipment rental and labor for the Immokalee Community Park
Phase II, under an order given by M. D. Harwell Excavating.
xc: Steve Carnell, John Yonkosky and filed.
Notice to Owner dated 12/24/91, to Collier County Board of
County Commissioners, from Hughes Supply Inc., advising that
they have furnished general building materials for the
Collier County Agriculture Center, under an order given by
Armon Inc. xc: Steve Carnell, John Yonkosky and filed.
Notice to Owner dated 12/30/91 to Collier County Board of
Commissioners from Ferguson Underground, advising that they
have furnished materials and services for Vanderbtlt Beach
Road to Bluebtll Avenue, under an order given by Collymann
Construction. xc: Steve Carnell, John Yonkosky and filed.
Notice to Owner dated 1/2/92 to Collier County Board of
County Commissioners from Precon, A Division of Clayton
Page 36
January 14, 1992
Group, advising that they have furnished sewer and drainage
castings for the Lakeland Avenue and Euclid Avenue,
"Willoughby Acres Subdivision", und,~r an order given by
Mitchell & Stark. xc: Steve Carnell, John Yonkosk¥ and
filed.
20.
Notice of Cancellation or Non-Renewal dated 1/3/92 to Board
of County Commissioners from Insurance & Risk Management
Services re Policy GT-1-87-59. xc: Steve Carnell, John
Yonkosky, Risk Management and filed.
21.
Notice of Cancellation or Non-Renewal dated 1/3/92 to Board
of County Commissioners from Insurance a Risk Management
Services re Policy GT-1-87-58. xc: Steve Carnell, John
Yonkosky, Risk Management and filed.
22.
Notice of Nonpayment dated 12/12/91 to Purchasing Director
from Swiftline Trucking, Inc., advising that they have fur-
nished transportation of material for Water Improvements
starting at Goodlette & Pine Ridge Road to Livingston and
Pine Ridge Road and up to 1-75. xc: Steve Carnell, John
Yonkosky and filed.
23.
Copy of letter dated 1/2/92 to Michael Arnold, Administrator,
Collier County Utilities Division, from Victor A. Hurlburt,
P.E., Project Manager, Malcolm Pirnie, Inc., re Collier
County South County Regional Wastewater Treatment Facility
Health & Safety Audit. xc: BCC and filed.
24.
Letter dated 12/27/91 to Collier County Government from
Benjamin C. Pratt, P.E., P.L.S., Assistant to the Director,
Surface Water Management Division, South Florida Water
Management District, re Notice of Intent to Construct Works,
Collier County Government Center - Gargiulo Site. xc: BCC,
Neil Dorrill, Tom Conrecode, Bill Lorenz and filed.
25.
Letter dated 12/27/91 to Chairman from Robert L. Patton,
Controller, Collier County Tax Collector's Office, re distri-
bution of Current Ad Valorem Tax. xc: John Yonkosky, Mike
McNees and filed.
There being no further business for the Good of the County, the
meeting was adjourned by Order of the Chair - Time: 2:15 P.M.
JAMm~ ~¢ ~ ES ,'
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS
CONTROL
~ ~)~ CHAIRMAN
MICHAEL~?VO PE,
?~.~ as presented / or as corrected
7.~. Page 37