BCC Minutes 03/14/2000 RMarch 14, 2000
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples~ Florida~ March 14~ 2000
LET IT BE REMEMBERED, that the Board of County
Commissioners~ in and for the County of Collier, and also acting
as the Board of Zoning Appeals and as the governing board(s) of
such special districts as have been created according to law and
having conducted business herein~ met on this date at 9:00 a.m.
in REGULAR SESSION in Building "F" of the Government
Complex~ East Naples~ Florida~ with the following members
present:
ALSO PRESENT:
CHAIRMAN:
Timothy J. Constantine
Pamela S. Mac'Kie
Barbara B. Berry
John C. Norris
James D. Carter
Tom Olliff~ County Manager
Mike McNees, Assistant County Manager
David Weigel~ County Attorney
Page I
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
Tuesday, March 14,
9:00 a.m.
2000
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST
REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE
COUNTY ADMINISTRATOR PRIOR TO THE PRESENTATION OF THE AGENDA
ITEM TO BE ADDRESSED.
COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING,
BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY
COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE
BOARD MINUTES AND RECORDS DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO
THE COUNTY ADMINISTRATOR AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS".
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL
NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND
THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE
PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
ALL REGISTERED
MINUTES UNLESS
THE CHAIRMAN.
PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5)
PERMISSION FOR ADDITIONAL TIME IS GRANTED BY
!
March 14, 2000
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU
ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN
ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES
MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,
NAPLES, FLORIDA, 34112, (941} 774-8380; ASSISTED LISTENING DEVICES
FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY
COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION - Reverend Susan Diamond, First Christian Church
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF AGENDAS
APPROVAL OF CONSENT AGENDA.
APPROVAL OF SUMMARY AGENDA.
APPROVAL OF REGULAR AGENDA.
4. APPROVAL OF MINUTES
February 8, 2000- Regular Meeting
February 22, 2000 - Regular Meeting
February 24, 2000 - Town Hall Meeting
PROCLAMATIONS AND SERVICE AWARDS
PROCLAMATIONS
t)
Proclamation proclaiming the month of September, 2000, as
Ovarian Cancer Awareness Month. To be accepted by Ms.
Carolyn Benivegna, President, Southwest Florida Chapter,
National Ovarian Cancer Coalition, Inc.
2
March 14, 2000
2)
Proclamation proclaiming the week of March 12-18, 2000,
as Project Safe Place Week.
3)
Proclamation proclaiming the week of March 12-18, 2000,
as The 21't Anniversary of the Know Your County
Government Week. To be accepted by Mr. Alexander
Pezeshkan and Ms. Susan Foley.
B. SERVICE AWARDS
1)
2)
3)
4)
6)
7)
8)
9)
Geoffrey Grabner, Water Lab - 15 Years
Richard Humberger, EMS - 15 Years
Margret Bowles, IT - 10 Years
Kevin Rafferty, Wastewater Collection - 10 Years
Edward Finn, Public Works Ops. - 10 Years
Gary Kessler, Parks & Recreation - 10 Years
Dawn Wingo, Domestic Animal - 5 Years
William Coakley, IT - 5 Years
Raul Quintanilla, Parks Maintenance - 5 Years
C. PRESENTATIONS
t)
Recommendation to recognize Jeff Kucko, Plans Review
Specialist, Building Review and Permitting Department, as
Employee of the Month for March 2000.
6. APPROVAL OF CLERK'S REPORT
A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES.
7. PUBLIC PETITIONS
Robert Bender regarding operations problems at the North
County Regional Water Treatment Plant.
3
March 14, 2000
B. Sandra Miller requesting a special blasting permit.
8. COUNTY ADMINISTRATOR'S REPORT
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1)
Request by Dorothy E. Rundell, representing Southwest
Florida Bird Club for a waiver of right-of way permit fees for
a special event.
2)
Petition C-2000-3, The Naples Children's Festival requesting
a permit to conduct a festival from March 31 through April
2, 2000 on County owned property adjacent to the Golden
Gate Community Center on Golden Gate Parkway.
3)
THIS ITEM WAS CONTINUED FROM THE FEBRUARY 22,
2000 MEETING. Approve an alternative road impact fee
calculation for the Naples Philharmonic Center for the Arts.
B. PUBLIC WORKS
t)
Approve Work Order No. ABB-FT-00-03 with Agnoli Barber &
Brundage, Inc. (AB&B) to update the construction plans for
the proposed widening of 111th Avenue from U.S. 41 to
Vanderbilt Drive. Project No. 60031.
2)
Approve Resolution to enable advanced right-of-way
acquisitions.
3)
Status Report to the Board of County Commissioners on
Phase I of the Countywide Computerized Traffic Signal
System and a request for staff to pursue a Joint
Participation Agreement (JPA) with the Florida Department
of Transportation (FDOT) to advance funding for Phase II of
4
March 14, 2000
the project.
4) Approval of funding for deputy assisted traffic control.
C. PUBLIC SERVICES
D. SUPPORT SERVICES
E. COUNTY ADMINISTRATOR
F. AIRPORT AUTHORITY
G. EMERGENCY SERVICES
9. COUNTY ATTORNEY'S REPORT
10. BOARD OF COUNTY COMMISSIONERS
Ag
Appointment of members to the County Government Productivity
Committee.
Consideration to approve County Administrator Employment
Agreement.
Appointment of members to the City/County Beach
Renourishment Maintenance Committee.
D. Confirmation appointment to the Tourist Development Council.
Request for approval to invite the other 4 southwest counties in
Florida to a Water Resources Workshop presented in Immokalee
by IFAS. ( Commissioner Berry)
11. OTHER ITEMS
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March 14, 2000
A. OTHER CONSTITUTIONAL OFFICERS
B. PUBLIC COMMENT ON GENERAL TOPICS
PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF
ITEMS
t2. ADVERTISED PUBLIC HEARINGS - BCC
A. COMPREHENSIVE PLAN AMENDMENTS
B. ZONING AMENDMENTS
t)
Petition PUD-85-01(2}, R. Bruce Anderson, Esq. of Young,
VanAssenderp, Varnadoe and Anderson, P. A., representing
Harley Davidson of Naples, Inc. requesting a rezone from
"PUD" to "PUD" Planned Unit Development known as Naples
Gateway PUD for the purpose of amending the PUD
document having the effect of adding new and used
motorcycle sales and service and sales of related
merchandise as a permitted use for property located on the
north side of Pine Ridge Road, east of Livingston Road and
west of 1-75, in Section 7, Township 49 South, Range 26
East, Collier County, Florida, consisting of 13.45+/- acres.
2)
THIS ITEM WAS CONTINUED FROM THE FEBRUARY 22,
2000 MEETING. Petition PUD-92-04(1), Rich Yovanovich of
Goodlette, Coleman & Johnson, representing Bonita Bay
Properties, Inc., requesting an amendment to the Golden
Gate Health Park PUD having the effect of changing the
name to Golden Gate Commercial Park, eliminating the
hospital, medical center uses, adding retail commercial,
office, hotel, assisted living facilities (ALF} and residential
uses for property located on the northwest corner of C.R.
951 and access road #2 in Section 34, Township 49 South,
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March 14, 2000
Range 26 East, Collier County, Florida.
3) THIS ITEM WAS CONTINUED FROM THE FEBRUARY 22,
2000 MEETING. Petition PUD 98-20, William L. Hoover,
AICP, representing Gulf Sun Corporation, requesting a
rezone from "A" to "PUD" to be known as Whippoorwill
Lakes PUD, a residential development not to exceed 518
dwelling units, on property located approximately t/4 mile
south of Pine Ridge Road (C.R. 896} on Whippoorwill Lane,
in Section 18, Township 49 South, Range 26 East, Collier
County, Florida, consisting of 76.85_+ acres.
4) THIS ITEM WAS CONTINUED FROM THE FEBRUARY 227
2000 MEETING. Petition No. PUD-99-15, Michael Fernandez,
AICP, of Planning Development, Inc., representing Dean
Huff, Trustee, requesting a rezone from "A" Rural
Agriculture to "PUD" Planned Unit Development to be
known as Alexandria PUD for a maximum of 72 dwelling
units for property located on the east side of the future
Livingston Road extension, south of Pine Ridge Road (C.R.
896} and north of Golden Gate Parkway (C.R. 886} in
Section 18, Township 49 South, Range 26 East, Collier
County, Florida, consisting of 19.58+/- acres.
5) THIS ITEM WAS CONTINUED FROM THE FEBRUARY 227
2000 MEETING. Petition PUD-99-16, Kevin McVicker, P.E.,
Phoenix Planning and Engineering, Inc., representing Gulf
Sun Corporation, requesting a rezone from "A" to "PUD" to
be known as Whippoorwill Pines PUD, a residential
development not to exceed 180 dwelling units, located
approximately V2 mile south of Pine Ridge Road (C.R. 896)
on Whippoorwill Lane, in Section 18, Township 49 South,
7
March 14, 2000
6)
Range 26 East, Collier County, Florida, consisting of 29,54+
acres.
THIS ITEM WAS CONTINUED FROM THE FEBRUARY 8, 2000
MEETING AND IS FURTHER CONTINUED INDEFINITELY.
7)
Petition PUD 99-13, Michael R. Fernandez, AICP, of Planning
Development, Inc., representing Relleum, Inc., requesting a
rezone from "A" Rural Agriculture to "PUD" Planned Unit
Development to be known as Balmoral PUD for a maximum
of 154 residential dwelling units for property located on the
east side of the future Livingston Road, north of Golden
Gate Parkway (C.R. 886) and south of Pine Ridge Road (C.R.
896), in Section 18, Township 49 South, Range 26 East,
Collier County, Florida, consisting of 39.58 +/- acres.
THIS ITEM WAS CONTINUED FROM THE FEBRUARY 8, 2000
MEETING AND IS FURTHER CONTINUED INDEFINITELY.
Petition_PUD-99-14, Michael R. Fernandez, AICP, of Planning
Development, Inc., representing Marian H. Gerace and
Wallace L. Lewis, Jr., requesting a rezone from "A" Rural
Agriculture to "PUD" Planned Unit Development to be
known as Livingston Village for a maximum of 540
residential dwelling units for property located east of the
proposed Livingston Road, North of Wyndemere PUD, in
Section 19, Township 49 South, Range 26 East, Collier
County, Florida, consisting of 148.98 +/- acres.
OTHER
t)
Recommendation that the Board of County Commissioners
approve a resolution making a finding of necessity for the
blighted areas of Bayshore/Gateway Triangle and
Immokalee and approve a resolution to establish the Collier
County Redevelopment Agency.
8
March 14, 2000
13. BOARD OF ZONING APPEALS
A. ADVERTISED PUBLIC HEARINGS
t)
THIS ITEM WAS CONTINUED FROM THE FEBRUARY 22,
2000 MEETING. Petition A-99-04, Richard D. Yovanovich of
Goodlette, Coleman and Johnson, P.A. representing
Kensington Park Master Association and the Yorktown
Neighborhood Association, requesting an appeal of the
determination of the Collier County Planning Commission on
November 2t, 1999 that the changes to the Carillon PUD
Master Plan by adding new commercial building footprints
were insubstantial.
2)
THIS ITEM WAS CONTINUED FROM THE FEBRUARY 22,
2000 MEETING. Petition V-99-21, David E. Bryant
representing Alfred Luckerbauer, requesting a 7.5-foot
variance to the required 15-foot side setback for docking
facilities to 7.5 feet for property located at 9 Pelican Street
East, further described at Lot 40, Isles of Capri No. 1, in
Section 32, Township 51 South, Range 26 East, Collier
County, Florida.
3)
Petition V-99-27, Boyett Design Group representing Larry W.
Ormsby requesting a 10 foot variance from the required 25
foot rear yard setback to 15 feet for a stairway for a
property located at 210 6th Street West, and is further
described as Lot 31, Block "E", Little Hickory Shores Unit
No. 2, Collier County, Florida.
B. OTHER
14. STAFF'S COMMUNICATIONS
15. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS
9
March 14, 2000
t6.
CONSENT AGENDA - All matters listed under this item are considered
to be routine and action will be taken by one motion without separate
discussion of each item. If discussion is desired by a member of the
Board, that item(s} will be removed from the Consent Agenda and
considered separately
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
t}
Authorize the Natural Resources Department Director to
apply for artificial reef grants.
2}
A resolution by the Board of County Commissioners of
Collier County, Florida, certifying that the Habitat for
Humanity of Collier County, Inc. Program for the
construction of housing for very Iow income persons is
consistent with the Collier County Growth Management
Plan and implementing regulations thereof.
3} This item has been deleted.
4}
Budget Amendment for Community Development and
Environmental Services' purchase of an electronic
document folding, inserting and addressing system.
5}
Petition C-2000-4, Luis Maldonado, Coordinator for Mission
Possible Ministries, requesting a permit to conduct a Youth
Fair "2000 Awakening" on March 23 through March 26,
2000, on the "El Calvario" church property located at 14601
East Tamiami Trail.
10
March 14, 2000
6)
Request to approve for recording the final plat of "Naples
Gateway Phase I" and approval of the Standard Form
Construction and Maintenance Agreement and approval of
the amount of the performance security.
7)
Request to approve for recording the final plat of "Links at
the Strand" and approval of the Standard Form Construction
and Maintenance Agreement and approval of the amount of
the performance security.
8)
Request to approve for recording the final plat of "Naples
Walk Unit Two".
9)
Request to approve for recording the final plat of "Mediterra
Parcel 104".
lO)
Final acceptance of water facilities for Contessa
Condominium.
11)
Authorization of a 50% waiver/50% deferral of impact fees
for one house to be built by Aaron Godwin and Amanda S.
Godwin at 3240 2tst Street, S.W., Golden Gate Estates,
Collier County, Florida.
Request to approve for recording the final plat of "Mediterra
Parcel 103" and approval of the Standard Form
Construction and Maintenance Agreement and approval of
the amount of the performance security.
13)
Request to approve for recording the final plat of "Mediterra
Parcel 105" and approval of the Standard Form
Construction and Maintenance Agreement and approval of
the amount of the performance security.
11
March 14, 2000
14)
Request to approve for recording the final plat of "Mediterra
Parcel 108" and approval of the Standard Form
Construction and Maintenance Agreement and approval of
the amount of the performance security.
Request to approve for recording the final plat of "Escada
at Tiburon" and approval of the Standard Form Construction
and Maintenance Agreement and approval of the amount of
the performance security.
B. PUBLIC WORKS
1) This item has been deleted.
2)
Award Bid #99-3019 - "Seven (7) Chemical Metering
Pumps."
3)
Approve a Budget Amendment to purchase equipment in
the Transportation Services Department.
4)
Recommendation that the Board of County Commissioners
approve an Interlocal Recycling Agreement with the City of
Marco Island and authorize the Chairman to sign the
Agreement.
5)
Award Bid No. 00-3043 for the purchase and delivery of
organic and inorganic Mulch.
6) Award Bid #00-3036 for Ready Mix Concrete.
7)
Approve Third Renewal of Kisinger, Campo & Associates
Corp. on Bid #95-2430.
8)
Convey a Conservation Easement to South Florida Water
Management District to provide off-site mitigation for
12
March 14, 2000
Immokalee Road Improvements from 1-75 to C.R. 951.
9)
Adopt a Resolution authorizing the acquisition by gift,
purchase or condemnation of fee simple title interests
and/or perpetual, non-exclusive, road right-of-way, sidewalk,
utility, drainage, maintenance and temporary construction
interests by easement for the construction of the four-
laning improvements for Livingston Road between Golden
Gate Parkway and Pine Ridge Road, CIE No. 52.
lO)
Approve staff ranking of firms for Contract Negotiations for
Design and Permitting Services for Immokalee Road (C.R.
951 to 43rd Ave. N.E.) Four Lane Improvements, RFP #99-
3020.
tl) This item has been deleted.
t2)
Approve Change Order to the North County Regional Water
Treatment Plant 8-MGD Expansion, Bid 97-2690R, Project
70859/70828.
13)
Approve Work Order CDM-FT-00-03 to Camp Dresser &
McKee, Inc. for Professional Engineering Services related to
upgrading the Pelican Bay Wellfield, Project 74039.
14)
Approve Work Order TLC-M/E-00-05 to Tilden Lobnitz Cooper
for Professional Mechanical/Electrical Engineering Services
related to South County Regional Water Reclamation
Facility, Motor Operated Valves, Project 73916.
t5)
Approve Work Order TLC-M/E-00.04 to Tilden Lobnitz Cooper
for Professional Mechanical/Electrical Engineering Services
related to upgrading the Pelican Bay Wellfield, Project
74039.
13
March 14, 2000
t6)
Approve the exchange of land located in Unit 34, Golden
Gate Estates, Tract 14, for the purpose of widening Pine
Ridge Road.
17) Approve three (3) Agreements for the acquisition of right-of-
way for the Pine Ridge Road Six-Laning.
18)
Recommendation that the Board terminate the Contract
with Environmental Care, Inc., Bid #98-2844, for Davis Blvd.
MSTD Grounds Maintenance.
19) This item has been deleted.
20) This item has been deleted.
21)
Approve a Non-Disturbance Agreement with Berkshire Park
Limited Partnership.
22)
Approve Work Order #TE-98-TO-06 with Tindale Oliver and
Associates, Inc. for a Traffic Analysis for a proposed
roadway within a Florida Power & Light Easement from
Radio Rd. to Davis Blvd., Project No. 60135.
23)
Approve Work Order No. SMT-FT-00-01 with Southern
Mapping Technology, Inc. a Survey of the proposed roadway
located in the Florida Power & Light Easement between
Davis Blvd. & Radio Road, Project No. 60135.
24)
Authorize the Chairman of the Board of County
Commissioners to execute a Sovereign Submerged Lands
Easement for the Wiggins Pass Maintenance Dredging
Project.
14
March 14, 2000
Cm
PUBLIC SERVICES
l)
Re-approve an agreement between Collier County and Bay
Colony - Gateway, Inc. for the exchange of property and
construction of a larger replacement beach parking lot at
the west end of Seagate Drive within Naples Cay.
2)
Approve Master Agreement 203.00, Amendment #001
relating to Services For Seniors' grant programs.
3)
Approve a resolution to close SR 29 and County Road 9th
Street and Roberts Avenue in Immokalee for Museum
fundraiser.
4)
Authorization to advertise an amendment to Ordinance #89-
69 on inoculation against Lethal Yellowing disease in
Coconut Palms.
5)
Approve the purchase of a picnic shelter for East Naples
Community Park.
6)
Approve the assignment of an agreement for beach
concessions.
7)
Approve contribution agreement with Richard R. Harshman
and William H. Everett.
8)
9)
Authorize the Collier County Public Library to submit an
application for a Library Services and Technology Act Grant
and authorize the Chairman of the Board of County
Commissioners of Collier County to sign the grant
application.
Authorize Chairman to sign certification to enable Library to
apply for a Library Services and Technology Act (LSTA)
15
March 14, 2000
Grant.
D. SUPPORT SERVICES
Approval to Award Bid #00-3035 to Precision Cleaning Inc.
for Exterior Pressure Steam Cleaning.
2) Rejection of Bid #99-2994, Hazardous Material Training.
3}
Recommendation for the Board to Terminate Contract 98-
2778, Telephone Services Outsourcing, for Convenience.
Approval of a Ground Lease Agreement between Collier
County and the State of Florida Department of Juvenile
Justice and Execute a Resolution Regarding Same.
5}
Approval of Amended Collective Bargaining Agreement
between Board of County Commissioners and the
International Association of Fire Fighters, Local 3670.
Approval to Award Bid #99-3030 for On-Call Roofing
Inspections & Repair Services.
7}
Authorization to Execute Satisfaction of Lien Documents
Filed Against Real Property for Abatement of Nuisance and
Direct the Clerk of Courts to Record Same in the Public
Records of Collier County, Florida.
aD
Authorize the Chairman to Execute a Revocable Temporary
License to Florida Power & Light Company that will Benefit
the Installation of an Odor Control Fan System at the
Naples Landfill and Adopt the Necessary Resolution.
E. COUNTY ADMINISTRATOR
16
March 14, 2000
Approve Budget Amendment Report - Budget Amendments
#00-150; #00-152; #00-157; #00-160; #00-163.
F. BOARD OF COUNTY COMMISSIONERS
G. EMERGENCY SERVICES
Award of Bid 99-3018 for the lease purchase of a 2000
Brush Patrol Vehicle.
2}
Request approval by the Board of County Commissioners to
authorize the Chairman to sign the Volunteer Fire
Assistance Grant Request.
To authorize the Chairman to sign State of Florida EMS
Matching Grant Applications.
To update the current EMS Data Collection Program with
purchase of EMS Solutions 2000 Data Collection Software.
H. MISCELLANEOUS CORRESPONDENCE
I. OTHER CONSTITUTIONAL OFFICERS
Recommendation that the Board of County Commissioners
endorse an amended United States Department of Justice
Federal Equitable Sharing Agreement.
2}
Approval of an Aircraft Storage Space Agreement with the
City of Naples Airport Authority for the SherifPs Office.
J. COUNTY ATTORNEY
Recommendation that the Board of County Commissioners
approve the Stipulated Final Judgment relative to the
17
March 14, 2000
asement acquisition on Parcel No. 110A in the lawsuit
entitled Collier County v. Jose L. Rey, et al., Case No. 99-
3683-CA (Golden Gate Boulevard between C.R. 951 and
Wilson Boulevard.
2)
Recommendation that the Board of County Commissioners
approve additional expert fees associated with the
acquisition of parcels 713A, 713B, 813A and 81B in the
lawsuit entitled Collier County v. Naples Italian American
Club, Inc., et al., Case No. 98-1672-CA (Airport - Pulling
Road 6-Laning Project from Pine ridge Road to Vanderbilt
Beach Road).
3)
Recommendation that the Board of County Commissioners
approve direct payment expert fees and costs associated
with the acquisition of various parcels in the lawsuit
entitled Collier County v. Naples Italian American Club, Inc.,
et al., Case No. 98-1672-CA (Airport - Pulling Road 6-Laning
Project from Pine Ridge Road to Vanderbilt Beach Road).
K. AIRPORT AUTHORITY
17.
SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC
HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A
RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS
RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY
PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL
MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL
OBJECTIONS TO THE ITEM RECEIVED BY STAFF~ THE COLLIER
COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES
OR THE BOARD~ PRIOR TO THE COMMENCEMENT OF THE BCC
MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND
4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO
THE ITEM.
18
March 14, 2000
Petition CU-2000-02, Diane Flagg, Chief, Collier County EMS, and
Sandra Taylor, Collier County Real Property, on behalf of the
Board of County Commissioners, requesting a Conditional Use for
essential services in the "E" Estates zoning district per Section
2.6.9.2 for an EMS and Sheriff's substation for property located at
the southwest corner of Golden Gate Boulevard and 13th Street
SW, in Section 8, Township 49 South, Range 27 East, Collier
County, Florida, consisting of 2.57+ acres.
Petition VAC 99-017 to vacate two portions of 12th Street North
located in Section 22, Township 49 South, Range 25 East, Collier
County, Florida.
Petition VAC 99-018 to disclaim, renounce and vacate the
County's and the Public's interest in a road right of way
easement located within the Whippoorwill Woods PUD which was
conveyed to the County by O.R. Book 650, Page 1643 and O.R.
Book 947, Page 1940, Public Records of Collier County, Florida,
located in Section 16, Township 49 South, Range 26 East.
Dm
Petition VAC 00-005 to vacate the 8' lake maintenance
easement along the rear lot line of Lot 45, "Terracina at the
Vineyards", as recorded in Plat Book 29, Pages 88 through 9:3,
Public Records of Collier County, Florida, located in Section 5,
Township 49 South, Range 26 East.
A resolution amending the legal description of Resolution 2000-
28 for a property known as Saint Vincent De Paul Thrift Store to
correct a scrivener's error in the legal description.
Petition R-99-12, Lisa H. Barnett of Cheffy, Passidomo, Wilson &
Johnson, LLP, representing Benedict P. Miralia, Trustee,
requesting a rezone from "A" Rural Agricultural to "C-4" for
19
March 14, 2000
property located on the west side of U.S. 41 North approximately
1500 feet south of the Wiggins Pass Road intersection, in
Section 16, Township 48 South, Range 25 East, Collier County,
Florida, consisting of 3.53 acres.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE
MADE TO THE COUNTY ADMINISTRATOR'S OFFICE AT 774-8383.
20
March 14, 2000
March 14, 2000
Item #3A, B,&C
CONSENT, SUMMARY AND REGULAR AGENDA - APPROVED
AND/OR ADOPTED WITH CHANGES
CHAIRMAN CONSTANTINE: Good morning, and welcome to
the Tuesday, March 14th Board of County Commissioners'
meeting. The year, of course, 2000.
If you'd join me standing. And Reverend Susan Diamond is
with us this morning with the invocation, and then we'll have the
pledge to the flag.
REVEREND DIAMOND: Let us pray. Loving Creator, we
come before you this morning cognizant of the abundance that
you have placed before us. We have been blessed with natural
resources that reflect your glory. We have been blessed with the
daily necessities of life. We have been blessed with the
community of people representing such a diverse -- rich diversity
of age, ethnicity, economics and beliefs.
Oh, God, we are grateful for this abundance in blessing. We
also recognize that with blessing and freedom comes great
responsibility. You call us to be stewards of your creation, of the
blessings that we have been given. And as these, our elected
officials, come together this morning, we sense the even greater
responsibility that has been placed upon them, not only by we,
their constituents, but by you, oh, God.
Therefore, we would pray this morning that your guidance
would be sought and received by those who would make
important decisions about the stewardship of your land and your
community, which we call home.
Grant our leaders wisdom and humility and courage. May all
that is accomplished this day be pleasing in your sight and
according to your will and design. We pray these things in your
holy name. Amen.
(Pledge of Allegiance was recited in unison.)
CHAIRMAN CONSTANTINE: Thank you, Susan.
Mr. McNees, it looks like we have no shortage of change
orders.
Page 2
March 14, 2000
MR. McNEES'. We do not. Good morning, Mr. Chairman,
commissioners. If you're holding a change list, you might want
to refer to the very top. It should say 8:50 a.m. That would be
the most current. We had more changes to the change list than
we had to the agenda today.
The first would be an additional item, becomes Item 9(A)
from the County Attorney's Office, a budget amendment
regarding the hiring of a noise expert.
Second is another added item, becomes 10(F), an
emergency amendment to the Collier County Taxi Ordinance, at
Commissioner Constantine's request.
Third is another add item, which becomes 10(G), discussion
of a land donation for a passive park. I believe this is relative to
the Big Corkscrew Island Fire Control District, and that's
Commissioner Berry's request.
We have an item that we want to move from the consent
agenda at staff's request, which is 16(B)(9). That item will
become 8(B)(5).
The next item we may discuss for a moment, which is staff's
Item 8(B)(1), which is regarding the widening of 111th Avenue.
As you will recall, you discussed that item briefly at your
workshop last Tuesday regarding transportation issues.
Commissioner Carter has asked that that be continued. Staff is
recommending that that be placed on your agenda for two weeks
from now as a discussion item.
There's been an alternative proposal that we talked about,
the widening of Wiggins Pass Road. Staff is not necessarily
convinced that it's an either/or, that you can only do one or the
other, but that perhaps that maybe we need both, but they'll be
prepared in two weeks to discuss that in a little broader context
than just today than to just forge ahead with 111th.
Staff is sensitive to the time factors. This is one of those
things where we told you a week ago that we need to be careful
redesigning and rechanging the plan, because every time we
delay a couple of weeks -- but just with that caveat, I'll say we'll
put that on as a discussion item in two weeks and be prepared
with staff's -- some staff discussion on alternatives.
Page 3
March 14, 2000
We have another continuance. Item 8(A)(3), also to March
28th. That's at the petitioner's request.
The next continuance would be Item 12(B)(4), continued
indefinitely, at petitioner's request.
I should mention that Item 8(A)(3) is continued only to
March 28th, which would be your next meeting.
Item 13(A)(1), petitioner has also requested that that item
be continued. Staff has asked that I mention -- make sure this is
the right item -- that I mention that this is the fifth continuance
on this item. This petitioner has already requested four
continuances. I don't know if staff has any recommendation to
make in that regard, but --
COMMISSIONER MAC'KIE: This is the appeal?
MR. McNEES: That is 13(A)(1).
COMMISSIONER MAC'KIE'. Can it just be continued for life
and stay alive, or what?
MR. MULHERE: The --for the record, Bob Mulhere, planning
director.
I believe that the applicant has requested a continuance in
order to attempt to resolve the differences. And it seems that if
that's the case, it's appropriate to allow them the opportunity. I
mean, it's their request to appeal a decision, so if they want to
continue it to try to resolve those differences, we think it's
appropriate.
CHAIRMAN CONSTANTINE: That's fine.
MR. McNEES: Your last item is a withdrawal, Item 17(E),
from the summary agenda at the staff's request.
We have one item that we'll have under staff
communications that's on your change list. And that would be all
the staff changes.
CHAIRMAN CONSTANTINE: Mr. Weigel, anything from your
office that hasn't already been included? MR. WEIGEL-- No, thank you.
CHAIRMAN CONSTANTINE: Commissioner Berry?
COMMISSIONER BERRY: Nothing.
CHAIRMAN CONSTANTINE: Commissioner Norris?
COMMISSIONER NORRIS: No changes today.
Page 4
March t4, 2000
CHAIRMAN CONSTANTINE: Commissioner Carter?.
COMMISSIONER CARTER: No changes.
CHAIRMAN CONSTANTINE: Commissioner Mac'Kie?
COMMISSIONER MAC'KIE: None.
CHAIRMAN CONSTANTINE: I'm going to suggest one
change and that is to move 10(B) to immediately following the
approval of minutes.
COMMISSIONER BERRY: Wait a minute. What is it, Tim?
CHAIRMAN CONSTANTINE: Approval of contract for Mr.
Olliff.
COMMISSIONER BERRY: 10(B). Where do you want to put
it?
CHAIRMAN CONSTANTINE: Just put it right after we
approve the minutes. Do that up front and not leave that
hanging.
COMMISSIONER MAC'KIE: Motion to approve the agenda,
consent agenda, summary agenda as amended.
COMMISSIONER NORRIS: Second.
CHAIRMAN CONSTANTINE: Motion and a second. Any
discussion?
Any objection?
(No response.)
CHAIRMAN CONSTANTINE: Seeing none, motion carries 5-0.
Page 5
AGENDA CHANGES
BOARD OF COUNTY COMMISSIONERS' MEETING
MARCH 14~ 2000
ADD: ITEM 9(A) RECOMMENDATION THAT THE BCC APPROVE A
BUDGET AMENDMENT NOT TO EXCEED $1,500.00 TO PAY FOR THE
NOISE EXPERTS TO PRESENT THEIR FINDINGS AND
RECOMMENDATIONS TO THE BOARD REGARDING THE PROPOSED
NOISE ORDINANCE AMENDMENTS. (COUNTY ATTORNEY).
ADD: ITEM 10(F) - EMERGENCY AMENDMENT TO THE COLLIER COUNTY
TAXI ORDINANCE (COMMISSIONER CONSTANTINE).
ADD: ITEM 10(G) - DISCUSSION OF LAND DONATION FOR PASSIVE
PARK (COMMISSIONER BERRY).
MOVE: ITEM 16(B)(9) TO 8(B){5) - ADOPT A RESOLUTION AUTHORIZING
THE ACQUISITION BY GIFT, PURCHASE OR CONDEMNATION OF FEE
SIMPLE TITLE INTERESTS AND/OR PERPETUAL, NON-EXCLUSIVE, ROAD
RIGHT-OF-WAY, SIDEWALK, UTILITY, DRAINAGE, MAINTENANCE AND
TEMPORARY CONSTRUCTION INTERESTS BY EASEMENT FOR THE
CONSTRUCTION OF THE FOUR-LANING IMPROVEMENTS FOR
LIVINGSTON ROAD BETWEEN GOLDEN GATE PARKWAY AND PINE
RIDGE ROAD, CIE NO. 52. (STAFF'S REQUEST).
CONTINUE: ITEM 8(B)(1) - (NO DATE) - APPROVE WORK ORDER NO.
ABB-FT-00-03 WITH AGNOLI BARBER & BRUNDAGE, INC. TO UPDATE
THE CONSTRUCTION PLANS FOR THE PROPOSED WIDENING OF 111TM
AVENUE FROM U.S. 41 TO VANDERBILT DRIVE; PROJECT NO. 60031.
(COMMISSIONER CARTER).
CONTINUE: ITEM 8(A)(3) TO MARCH 28TM MEETING: APPROVE AN
ALTERNATIVE ROAD IMPACT FEE CALCULATION FOR THE NAPLES
PHILHARMONIC CENTER FOR THE ARTS. (PETITIONER'S REQUEST).
CONTINUE: ITEM 12(B)(4) INDEFINITELY: - PETITION PUD 99-15,
REQUEST FOR A REZONE FROM "A" RURAL AGRICULTURE TO "PUD" TO
BE KNOWN AS ALEXANDRIA PUD FOR A MAXIMUM OF 72 DWELLING
UNITS FOR PROPERTY LOCATED ON THE EAST SIDE OF THE FUTURE
LIVINGSTON ROAD EXTENSION. (PETITIONER'S REQUEST).
CONTINUE: ITEM 13(A)(1) TO APRIL 11TM MEETING: PETITION A-99-04,
KENSINGTON PARK MASTER ASSOCIATION AND THE YORKTOWN
NEIGHBORHOOD ASSOCIATION REQUESTING AN APPEAL OF THE
DETERMINATION OF THE COLLIER COUNTY PLANNING COMM81SSION
ON NOVEMBER 21, 1999 THAT THE CHANGES TO THE CARILLON PUD
MASTER PLAN BY ADDING NEW COMMERCIAL BUILDING FOOTPRINTS
WERE INSUBSTANTIAL. (PETITIONER'S REQUEST).
WITHDRAW: ITEM 17(E) - A RESOLUTION AMENDING THE LEGAL
DESCRIPTION OF RESOLUTION 2000-28 FOR A PROPERTY KNOWN AS
SAINT VINCENT DE PAUL THRIFT STORE TO CORRECT A SCRIVENER'S
ERROR IN THE LEGAL DESCRIPTION. (STAFF'S REQUEST).
STAFF COMMUNICATIONS:
1) DISCUSSION REGARDING THE WORKFORCE ASSESSMENT STATUS
(JENNIFER EDWARDS).
March 14, 2000
Item #4
MINUTES OF FEBRUARY 8 REGULAR MEETING; FEBRUARY 22
REGULAR MEETING; AND FEBRUARY 24 TOWN HALL MEETING -
APPROVED AS PRESENTED
Item 4, approval of minutes.
COMMISSIONER BERRY: Move approval of February 8th,
2000, February 22nd, 2000, February 24th, 2000, town hall
meeting.
COMMISSIONER NORRIS: Second.
CHAIRMAN CONSTANTINE: Motion and a second. Any
discussion?
Any objection?
(No response.)
CHAIRMAN CONSTANTINE: Seeing none, motion carries 5-0.
Item #10B
COUNTY ADMINISTRATOR EMPLOYMENT AGREEMENT -
APPROVED
That takes us to Item 10(B), county administrator's contract.
Hopefully all of you have had a chance to review that. Came
yesterday. Really good package. There were a couple of things
in there that were in our previous manager's contract that Mr.
Olliff did not have an interest in, as far as some organizations
and so on, that saved the county some money.
There is one minor change from what you got. It talks about
travel reimbursement pursuant to IRS Code. And it's been
pointed out to me by the clerk that that should say pursuant to
Florida Statutes. And Mr. Olliff agrees to that as well. Pretty
good package.
Commissioner.
COMMISSIONER MAC'KIE: Question for Mr. Weigel. There
had been some confusion in -- as Mr. Fernandez was exiting over
exactly what compensation package was due him, or to what
Page 6
March 14, 2000
was he entitled versus what we're even negotiating. And that
had to do with some uncertainty we had on interpreting some
language in the contract. Has that been addressed?
MR. WEIGEL: We believe it's been addressed very
specifically and completely.
COMMISSIONER MAC'KIE: Good. Good. Okay, that's all I
wanted to know.
COMMISSIONER BERRY: I have one other question.
CHAIRMAN CONSTANTINE: Commissioner Berry.
COMMISSIONER BERRY: Tim, what -- when you looked at
this contract, did you have any other information from other
counties regarding starting salaries --
CHAIRMAN CONSTANTINE: We worked --
COMMISSIONER BERRY: -- for administrators?
CHAIRMAN CONSTANTINE: We worked on a number of
things, including -- and Tom -- in addition to looking at other
contracts from around Collier, the other cities, the school board
and in other communities, other counties around Florida, Tom
actually brought his own suggestions with some pretty good
reasons why. So yeah, we came up with that number not
arbitrarily, by any means. Thank you very much.
COMMISSIONER MAC'KIE: Speakers?
CHAIRMAN CONSTANTINE: Any speakers on the item?
COMMISSIONER MAC'KIE: Motion to approve the contract.
COMMISSIONER NORRIS: Second.
CHAIRMAN CONSTANTINE: Motion and a second. Any
discussion?
Seeing none, all those in favor, please state aye.
Anybody opposed?
(No response.)
CHAIRMAN CONSTANTINE: Motion carries 5-0.
Congratulations, Mr. Olliff. (Applause.)
CHAIRMAN CONSTANTINE: You want to take about a
five-minute break and let you get your stuff appropriately set up?
(Recess.)
CHAIRMAN CONSTANTINE: Hi, we're back. Welcome to the
Page 7
March 14, 2000
chair.
MR. OLLIFF: Thank you very much.
CHAIRMAN CONSTANTINE: For those of you just tuning in
or those of you who didn't understand at the beginning of the
meeting why Commissioner Norris is skipping a seat here, they
announced every 10 minutes yesterday for three hours on the
radio that I have a little bout with the flu going on. So in an over
abundance of caution, John has left an extra few feet between
US,
COMMISSIONER NORRIS: Actually, this is the far right wing
of the --
CHAIRMAN CONSTANTINE: That's right. The radical right
wing.
COMMISSIONER MAC'KIE: Radical right wing.
COMMISSIONER BERRY: Vast right wing. Majority.
COMMISSIONER NORRIS: Looks like we're a minority now.
Item #5A1
PROCLAMATION PROCLAIMING THE MONTH OF SEPTEMBER,
2000 AS OVARIAN CANCER AWARENESS MONTH - ADOPTED
CHAIRMAN CONSTANTINE: Let's go to proclamations and
service awards with our first proclamation. I believe Carolyn
Benivegna is here to receive that, and Commissioner Mac'Kie
has the proclamation.
COMMISSIONER MAC'KIE: If you'll come forward, I'll be
happy to read this, please. Just turn and face the crowd --
CHAIRMAN CONSTANTINE: TV land.
COMMISSIONER MAC'KIE: -- the cameras, TV land.
This proclamation reads:
WHEREAS, the incidence of ovarian cancer is increasing due
to vague symptoms and no screening test for early detection;
and
WHEREAS, the majority of ovarian cancer cases are
detected at an advanced stage, and the survival rates for women
with advanced ovarian cancer has shown minimal improvement
Page 8
March 14, 2000
over the last 15 to 25 years; and
WHEREAS, the American Cancer Society estimates that
each year approximately 25,500 new cases are diagnosed, with
14,500 fatalities; and
WHEREAS, the National Ovarian Cancer Coalition is
committed to promoting education about ovarian cancer; and
WHEREAS, all American women and their families are urged
to learn more about ovarian cancer, its symptoms and available
methods that may reduce the risk of developing it.
NOW THEREFORE, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that the month of
September, 2000, be designated as Ovarian Cancer Awareness
Month.
DONE AND ORDERED THIS 14th day of March, 2000, Board
of County Commissioners, Timothy J. Constantine, Chairman.
I'd like to move acceptance of this proclamation.
COMMISSIONER CARTER: Second.
CHAIRMAN CONSTANTINE: Motion and a second.
Discussion? Seeing none, all those in favor, please state aye.
Motion carries 5-0.
(Applause.)
Item #5A2
PROCLAMATION PROCLAIMING THE WEEK OF MARCH 12-18,
2000 AS PROJECT SAFE PLACE WEEK - ADOPTED
CHAIRMAN CONSTANTINE: We also have a proclamation
from Commissioner Carter proclaiming Project Safe Place Week.
COMMISSIONER CARTER: Yes, Mr. Chairman, for Project
Safe Place, although there's not a representative here this
morning, I would like to read this proclamation and have it
accepted by the board.
WHEREAS, Project Safe Place, sponsored by the Lutheran
Services, Florida Southwest, delivers youth in difficult and
threatening situations from the streets of Collier County; and
WHEREAS, Project Safe Place assists Lutheran Services,
Page 9
March 14, 2000
Florida to identify youth at risk and serve them through
residential and nonresidential care; and
WHEREAS, Project Safe Place is made possible by the
efforts of volunteers who are trained by the Lutheran Services,
Florida; and
WHEREAS, Project Safe Place is made possible by business
leaders who commit their locations to safe place sites; and
WHEREAS, Project Safe Place brings Lutheran Services,
Florida business leaders and committed individuals for a stronger
and safer community; and
WHEREAS, Project Safe Place is a part of a nationwide
network that has assisted over 34,000 youth in crises
nationwide.
NOW THEREFORE, be it proclaimed by the Board of County
Commissioners of Collier County, Florida that the week of March
12 through 18, 2000 be designated as Project Safe Place Week.
DONE AND ORDERED THIS 14th day of March, 2000, Board
of County Commissioners, Collier County, Florida, Timothy J.
Constantine, Chairman.
Mr. Chairman, I move that we accept this proclamation.
COMMISSIONER MAC'KIE: Second.
CHAIRMAN CONSTANTINE: Motion and a second.
Discussion?
Seeing none, all those in favor, please state aye.
(Unanimous vote of ayes.)
CHAIRMAN CONSTANTINE: Motion carries 5-0.
Item #5A3
PROCLAMATION PROCLAIMING THE WEEK OF MARCH t2-t8,
2000 AS THE 21sT ANNIVERSARY OF THE KNOW YOUR COUNTY
GOVERNMENT WEEK - ADOPTED
5(A)(3), proclamation, Commissioner Norris. 21st
anniversary of the Know Your County Government Week.
COMMISSIONER BERRY: Somehow that was switched, Tim.
COMMISSIONER NORRIS: Commissioner Berry will be
Page 10
March 14, 2000
handling that.
CHAIRMAN CONSTANTINE: It's been reassigned.
COMMISSIONER BERRY: Reassigned.
COMMISSIONER MAC'KIE.' Because she loves that 4-H.
CHAIRMAN CONSTANTINE: Commissioner Berry.
COMMISSIONER BERRY: No, actually, the proclamation was
laying in my chair, okay? And the other things were laying in
Commissioner Norris's chair, so -- but nevertheless, yes, I do.
COMMISSIONER MAC'KIE: Yes, I know.
COMMISSIONER BERRY: If I could have Mr. Alexander
Pezeshkan come forward, please, and also Ms. Susan Foley. If
you'll come up here and turn around in front of us so the world
can see you.
COMMISSIONER MAC'KIE: Or at least the Channel 54
audience, whatever that is.
COMMISSIONER BERRY: That's the world.
The proclamation reads as follows:
WHEREAS, county government is a complex and
multifaceted process which affects the lives of all residents of
Collier County; and
WHEREAS, an increased knowledge of how various aspects
of county government work can enhance an individual resident's
quality of life in Collier County; and
WHEREAS, it is desirable for all county residents to be
knowledgeable of the county government and how it works; and
WHEREAS, the League of Women Voters of Collier County,
Collier County 4-H, and the Collier County Public Schools have
cosponsored the Know Your County Government Teen
Citizenship Program for 21 years.
NOW THEREFORE, be it proclaimed by the Board of County
Commissioners of Collier County, Florida that the week of March
12th through the 18th, 2000, be designated as the 21st
anniversary of the Know Your County Government Week.
DONE AND ORDERED THIS 14th day of March, 2000, Board
of County Commissioners, Collier County, Florida, Timothy J.
Constantine, Chairman.
Mr. Chairman, I'd like to move approval of this proclamation.
Page 11
March 14, 2000
COMMISSIONER MAC'KIE: Second.
CHAIRMAN CONSTANTINE: Motion and a second.
Discussion?
Seeing none, all those in favor of the motion, state aye.
(Unanimous vote of ayes.)
CHAIRMAN CONSTANTINE: Motion carries, 5-0.
(Applause.)
MS. FOLEY: Good morning. I'm Susan Foley and I'm
representing Barron Collier High School.
MR. PEZESHKAN: My name's Alexander Pezeshkan, and I'm
attending Community School of Naples.
MR. FOLEY: We wish to thank you, the commission, county
administrator and all the county division and department heads,
the constitutional officers, adults from 4-H, League of Women
Voters and Collier County public schools who have worked
together to make this Know Your County Government program
possible.
28 high school students from throughout the county are
participating. Representing Naples High School, Barron Collier
High School, Gulf Coast, Saint John Newman, Immokalee, and
Community School of Naples, as well as the home schoolers.
During our four-week educational journey, we have visited
many places fundamental to everyday life, and learned
interesting things at all these places. Early in our adventure, we
traveled to a place that we use every day but rarely think about,
the Collier County landfill. We learned that 50 percent of the
material in the landfill is recyclable and, therefore, does not need
to be there. And we also learned that in 30 years this landfill
may be turned into a park that your children will be playing in.
CHAIRMAN CONSTANTINE: Who's teaching that?
COMMISSIONER BERRY: I don't know.
CHAIRMAN CONSTANTINE: You might need to relearn that
one lesson, because it's not exactly accurate. It may be much
sooner than that, but --
MR. FOLEY: Another--
COMMISSIONER CARTER: Depends on where you are.
MS. FOLEY: Another place we traveled to was the south
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March 14, 2000
county water reclamation facility, which treats seven million
gallons of reclaimed water to a high level and uses it to irrigate
golf courses, lawns, medians and public parks.
At the Domestic Animal Services, we learned that they do
much more than shelter Collier County stray animals. They're
also in charge of inspecting all pet stores, groomers, trainers,
enforcing Collier County Animal Control ordinances, and
administering the county's mandatory pet licensing program.
Meeting the constitutional officers, along with visits to the
county museum, jail and Immokalee have made this educational
journey complete and rewarding.
MR. PEZESHKAN: We have also learned about some of the
challenges facing Collier County today. There are issues that we
must address in order to keep our county economically viable. It
all starts out by people all over the world who want to -- who are
attracted to the lifestyle we have here. This expanding
population forces our county to address their needs.
First there is a need for effective transportation that should
be based on new road construction.
Secondly, the expanding population also requires county
government services such as the delivery of clean water to all
household and businesses. Additional law enforcement
personnel will be necessary to ensure county citizens are
protected from crime.
Third, we are aware of the need to set aside and develop
spaces for parks and recreation.
As citizens of the new millennium, we anticipate the
outcomes of strategic planning that you, our County
Commissioners, will complete to meet all these challenges. I
know that through addressing the board this morning, we are
able to add another component to our learning process.
On behalf of all the students participating -- participants, I'd
like to thank you for your support and for providing us with the
opportunity to join in on this commission meeting. Thank you.
CHAIRMAN CONSTANTINE: Thank you very much.
(Applause.)
CHAIRMAN CONSTANTINE: Sure. You didn't realize you
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March 14, 2000
could at the time.
MS. BENIVEGNA: No.
CHAIRMAN CONSTANTINE: All right. Carolyn Benivegna.
MS. BENIVEGNA: Thank you. I'm sorry, I didn't know I had
an opportunity to speak to all of you.
On behalf of the Southwest Florida chapter of the Ovarian
Cancer Coalition, I want to thank the entire board for this
proclamation. It will aid us in our mission of saving women's
lives..
If any of you would like information on ovarian cancer, you
can reach me at 455-0554. That's the same forward and
backward. I'll leave some cards here.
I go and speak to organizations on this issue. There are
many things women do not know about ovarian cancer. For
instance, you don't even have to have ovaries to get it. Young
women as young as 11 years old are getting this disease. And
between 1985 and 1995, there's been a 30 percent increase in
the United States in this deadly disease.
I want to thank you again for this opportunity.
COMMISSIONER MAC'KIE: Thank you.
(Applause.)
Item #5B
EMPLOYEE SERVICE AWARDS - PRESENTED
CHAIRMAN CONSTANTINE: With that, we move on to
service awards. Commissioner Norris.
COMMISSIONER NORRIS: Yes. Our first award this morning
is to Raul Quintanilla from parks maintenance for five years.
(Applause.)
COMMISSIONER NORRIS: Next we have William Coakley,
from information technology, also has five years. (Applause.}
COMMISSIONER NORRIS: Dawn Wingo, from Domestic
Animal Services, also has five years.
(Applause.}
Page 14
March 14, 2000
COMMISSIONER NORRIS:
has 10 years today.
(Applause.)
COMMISSIONER NORRIS:
(Applause.)
COMMISSIONER NORRIS:
Gary Kessler, from parks and recs
Ed Finn has 10 years today.
Margaret Bowles, from
information technology, has 10 years. (Applause.)
COMMISSIONER NORRIS: And our big winner for today is
Geoffrey Grabner, for 15 years at the water lab. (Applause.)
CHAIRMAN CONSTANTINE: Thank you, Commissioner
Norris.
Item #5Ct
JEFF KUCKO, PLANS REVIEW SPECIALIST, BUILDING REVIEW
AND PERMITTING DEPARTMENT, RECOGNIZED AS EMPLOYEE
OF THE MONTH FOR MARCH, 2000
And it's my pleasure to call up Jeff Kucko as Employee of
the Month for March, of the year 2000. Hi there.
MR. KUCKO: I got some new teeth from the dental plant.
COMMISSIONER MAC'KIE: So if humility and shyness is on
his list, we're going to question that.
COMMISSIONER NORRIS: I don't think this is fair, because
his picture is already up downstairs.
CHAIRMAN CONSTANTINE: We still get to vote on this,
don't we?
Jeff's been with us since 1985 and provides exceptional
customer service -- as you might well imagine from his
performance here this morning -- consistently assists his fellow
staff when members are back logged, and this past -- all serious,
this past December had a very difficult case with the board of
adjustments and appeals and took what was a very complex
case and boiled that down into a very simple, coherent
Page 15
March 14, 2000
presentation.
More recently, he proposed a set of evaluation criteria to be
used by the chief building inspectors to work -- to review the
works of plans review specialists.
Without hesitation, he's been chosen Employee of the Month
for March. And we have the following cash and prizes for you:
We have a $50 check, we have a plaque that reads Board of
County Commissioners, Collier County, Florida, Employee of the
Month, March, 2000. Blah, blah, blah, blah, blah. And $50, and a
nice little letter to go with that. Thank you very much.
MR. KUCKO: Thank you very much.
(Applause.)
COMMISSIONER MAC'KIE: I think the teeth were something
about dental benefits and that we need to --
MR. KUCKO: I'd just like to thank Mr. Cautero for being all
the way on the other end of the building but watching over all the
employees in his building; for the support of Mr. Perico, the
director of the building department, and to my chief, Jerry
Ballock, and to all you people for the wonderful raises that you
are going to bring us real soon. Thank you.
COMMISSIONER MAC'KIE: Oh, he's good.
CHAIRMAN CONSTANTINE: Thank you very much.
(Applause.)
CHAIRMAN CONSTANTINE: He's clairvoyant to boot.
Item #7A
ROBERT BENDER REGARDING OPERATIONS PROBLEMS AT THE
NORTH COUNTY REGIONAL WATER TREATMENT PLANT - STAFF
TO RETURN ON 3/28/00 WITH A REPORT ON THE NOISE
We have two public petitions this morning. The first one is
Robert Bender, regarding operations problems at the North
County Regional Water Treatment Plant. Mr. Bender.
By the way public petitions work, you have up to 10 minutes
to-- MR. BENDER: I don't need that much time.
Page16
March 14, 2000
CHAIRMAN CONSTANTINE: -- present -- just so you
understand, though, and those at home may not. You have up to
10 minutes to present, and we'll take that under consideration.
Usually we don't take any action the day of the petition other
than the potential to put it on a future agenda. We also don't
take public speakers on a public petition for the very same
reason.
MR. BENDER: Okay. Thank you.
Good morning, ladies and gentlemen. My name is Robert
Bender. I live at 3561 Seventh Avenue Northwest. I have lived
there for -- since 1988.
And we have a problem; we, meaning the neighborhood. The
biggest problem here is that most of the staff that was involved
with this particular problem is gone. The only person here that I
recognize is Mr. Olliff. And he sat in that seat when this went on
nine years ago. None of the commissioners are here. The only
people that really are around that have a vested interest in this
thing is the neighbors for this plant.
In a nutshell, this plant was sited to be placed next to an
existing neighborhood over the objection of over 200 residents
that stood in this room and outside on the evening that it was
approved.
There were stipulations put on the plant. The plant was in
fact sited there and in fact is in operation. And we get to hear it
and have heard it for over nine years now.
The stipulation that went into the county record with
respect to noise was in fact 55 decibels. But I will tell you, and I
hope Mr. Olliff can back that up, there were many promises made
by Mr. Arnold at the time, who was the petitioner. Mr. Blesher
(phonetic), who backed him up, was his assistant. There was a
Mr. Bowden, from Boyle Engineering. And under specific
questioning by several of the commissioners repeatedly
throughout the discussion, of which there were two Planning
Commission meetings and two County Commission meetings that
addressed this siting, because of the objection.
Nevertheless, there were a number of promises made by Mr.
Arnold, and they basically said that noise was not going to be a
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March 14, 2000
problem. When questioned about background noise that existed
versus what would be there when the plant was in operation,
with respect to a question by Mr. Shanahan, Mr. Volpe and Mr.
Saunders at the time, they promised -- they the petitioners --
promised that this plant was not going to be a problem.
We have people in the audience here -- I live approximately 7
to 800 feet from this plant. We have people that live 1,500 feet
across the south side of Seventh Avenue that cannot open their
windows at any time during the year because of this noise.
I personally can sit in my house, I have double thickness
windows, I can have the TV on, the fan on and the windows
closed with the air conditioning operating, and I hear this plant
operating.
I have, on occasion -- my bedroom is on the south side, the
furthest away from this plant -- had to wear ear plugs at night to
sleep. This is ridiculous, particularly because staff has and
continues to contend that the only stipulation that is important is
the 55 DB level that was allowed.
But I will tell you that the public was misled if in fact -- and
the commissioners were misled if in fact that is the contention
now and you do not take action with respect to -- if a noise
survey needs to be done, fine, do it. But if you're going to have a
noise survey done and then tell the staff, or the staff or the noise
analyst to tell you that you are within the 55 decibels, you're
wasting your time. This was not what was promised to the
people, and this is a perfect example of why heavy industry -- and
that is what this is, this is a heavy industry operation that
operates seven days a week, 365 days a year. So we get to
listen to it every night, all night.
You guys need to fix this and you need to direct staff to do
the noise study, if you need to, fine, with the intention of fixing
this problem. You guys --you, the BCC, not you personally, but
the BCC -- put this plant in our neighborhood. And if you guys are
going to do that and then ignore the promises that are made by
your staff, which as far as I'm concerned, if they're promises,
they are stipulations, whether they are written or not.
You need to fix the problem. You have the power to fix the
Page 18
March 14, 2000
problem. I'm sick and tired of this, and so are my neighbors. We
predicted this would happen, and we were promised, trust us,
this is not going to happen. So I'm not really interested in what it
cost, I'm interested in I hope you read my memorandum to you.
If you didn't, you missed a good one, from -- some people that
have told me.
Now, I hope Mr. Olliff remembers this, because he was
sitting here, and I saw his eyeballs clicking at me the whole
time. So he knows what I'm saying is right, I believe. Now, he
may not remember, because I'm sure he has a few things that
have happened between now and then.
Any questions? Thank you.
CHAIRMAN CONSTANTINE: Mr. Olliff?
MR. OLLIFF: Mr. Chairman, you did have one speaker on the
item who I don't think was aware of what the public petition
policy was, but I'm sure he was here to support Mr. Bender's
position.
I think in response, if the board wants us to at least come
back to you with a report on that, I think that would be a
reasonable request. And we could come back at least probably
in two weeks and let you know what noise studies we can have
done out there, and if there are some issues that I think we can
or need to address.
CHAIRMAN CONSTANTINE: Any objection to doing that from
the board?
COMMISSIONER NORRIS: Well, rather than a noise study, I
would suggest maybe we look at a report that would show us
what measures we could reasonably take to muffle any noise
that might be occurring.
MR. OLLIFF: When I say noise study, I mean, we have our
own decibel reading equipment, and we can at least go out there
and then determine what is the ambient levels of noise at the
property lines and then come back to you with some
recommendations.
COMMISSIONER CARTER: Is there any way we can go back
and figure out what was promised at the time, what these
engineering companies talked about? Because that's what I was
Page t9
March 14, 2000
hearing this morning is not -- everybody recognizes the noise
problem. It may not even exceed what the decibel level is, but
it's such an aggravating noise, they're looking for a solution. So I
would like to hear that within your report.
CHAIRMAN CONSTANTINE: That's what I hear you
suggesting, is when you come back in two weeks, it's not strictly
on what the decibel level is, it is what's the problem, is that a
way we can deal with it.
MR. OLLIFF: And we'll do that.
COMMISSIONER BERRY: I think--
CHAIRMAN CONSTANTINE: Commissioner Berry.
COMMISSIONER BERRY: -- looking at Mr. Bender's
memorandum that he sent to us, if you look at the last page on it,
it seems some things that can happen almost immediately would
be the deliveries and all those kinds of things that are happening
from midnight to 5:00 in the morning. If that's going on, then that
needs to cease and desist. I mean, that seems to me as
something that's a quick fix.
Now, the rest of the plant noise itself may take some study
and some understanding. And I certainly wasn't here when that
happened, but nevertheless, if that's going on, then we need to,
you know, take --
CHAIRMAN CONSTANTINE: Let's do this: We will hear the
item in two weeks, and Mr. Olliff, if in the meantime there are
things like Commissioner Berry suggests that operationally you
can correct in short-term, don't feel like you have to wait for --
MR. OLI. IFF: No--
CHAIRMAN CONSTANTINE: - this hearing to do that.
MR. OLLIFF.' -- we won't. I haven't seen Mr. Bender's letter,
but I will take a look at that in the interim; if there are some
quick fix things, we will do that.
CHAIRMAN CONSTANTINE: Thank you very much.
MR. BENDER: Excuse me, the crux of this thing,
commissioners, is the fact that the county at the time said that
they had gone out and done a noise analysis. We had requested
a noise analysis at night under the conditions that we have to try
to sleep. It wasn't done. We also requested to be a witness to
Page 20
March 14, 2000
that. It was done without any witnesses, it was done at 1.'30 in
the afternoon. And Mr. Finn can attest to that, because he saw
the video tapes last night at my house. Attest to everything I'm
saying, I believe.
CHAIRMAN CONSTANTINE: I understand. Let me tell you
what we're going to do, is between now and then, our staff will
get with you to make sure we cover each of those items and
we're not surprised by anything two weeks from now. But a
petition is to get the item placed on a regular agenda, and you
have been successful in that endeavor. So we just want to make
sure between now and then we cover all our bases with you.
MR. BENDER: One other comment. You have a title of
interim in front of Mr. Finn's name. I would recommend that with
the heat that he has taken from me on three separate occasions,
you get rid of the interim. If no other reason, he should be hired
for that ability to listen to me on my soap box for several hours.
CHAIRMAN CONSTANTINE: So noted.
COMMISSIONER MAC'KIE: An important part of public
service, no doubt.
Item #7B
SANDRA MILLER REQUESTING A SPECIAL BLASTING PERMIT -
NO ACTION
CHAIRMAN CONSTANTINE: We have a second public
petition this morning, that is Sandra Miller, requesting a special
blasting permit.
Good morning.
MS. MILLER: I suppose I can stand here?
CHAIRMAN CONSTANTINE: You may.
MS. MILLER: Like Mr. Bender, I won't take near 10 minutes.
CHAIRMAN CONSTANTINE: For the record, you are?
MS. MILLER: Sandra Miller. Thank you. And I represent
myself and my husband in this petition to the Board of
Commissions for the purpose of being exempt from the no
blasting ordinance in certain areas of Collier County.
Page 21
March 14, 2000
My home is in the Golden Gate Estates area. 15 years ago,
when the house was being built, there was fill excavated from
the property and used to build the house pad, thus creating a
small shallow pond area.
During that time, we had -- would like to be able to maybe
make this pond to a useful condition. But I do understand that
because of safety reasons and other reasons, that blasting is not
permitted in the area.
The pond is about six foot in depth, five or six foot in depth.
And during the summertime when there's rain, it holds water
pretty good. But of course during the dry season, it dries up to
almost nothing.
To be able to obtain a blasting permit would serve a twofold
purpose. And I'm not sure what the codes were as far as open
areas, open ponds, open pits 15 years ago, but I understand that
probably right now it wouldn't be in compliance.
So to be able to blast would be, like I said, twofold purpose:
Number one, I would be able to bring this pond into compliance
with county codes. And also, I could be able to have a pond that
would be -- that would have a regulated water level.
We have talked to a person that would be -- he is a
professional -- not a professional, but he is an experienced
blaster. So we have talked to him. And also, I've talked to the
excavating department on applying for an excavation permit.
And of course that would be contingent to your approval.
And I have, in case you need it, an aerial map of the area in
which I live. I think the nearest house to our residence, the
nearest residence, would be probably about 1,200 feet. And the
pond is probably 300 feet, I suppose, from the nearest public
road, and about 150 feet from our own residence.
So that's my petition to the board this morning. If you have
any questions.
CHAIRMAN CONSTANTINE:
COMMISSIONER MAC'KIE:
CHAIRMAN CONSTANTINE:
COMMISSIONER MAC'KIE:
legal question for Mr. Weigel.
Questions for the petitioner?
I have a question for staff.
Question for Mr. Kuck.
Is there -- well, actually, mine's a
Is there a process by which we
Page 22
March 14, 2000
can grant such a waiver?
MR. WEIGEL: I think Mr. Kuck would be able to speak to
that a little more clearly.
COMMISSIONER MAC'KIE: Okay. I thought it was a legal
question.
MR. WEIGEL: No, no, it is a legal question. And my concern,
of course, is that if the board were to entertain an exception
from the rule that we would look to receive a county
indemnification, and we would also want to be concerned that
the petitioner understands potential for liability for those people
around them.
MR. KUCK: Good morning, commissioners. For the record,
Tom Kuck, engineering review manager.
Again, the reason this is before you, that we brought forth to
you last year, I believe, in September, a policy covering lake
excavations in Golden Gate Estates. And one of the conditions
in that was that there'd be no blasting. So again, that's why the
petitioner is here before you.
We did check the closest four properties to Mrs. Miller's
property, and the distances range from like 500 to 850 feet.
Other places where we blast in the county, we do blast within
some cases 2 to 300 feet of the property.
COMMISSIONER MAC'KIE: So it wouldn't be the end of the
world. I mean, the impact to her neighbors would not be
overwhelming.
COMMISSIONER BERRY: Commissioner?
COMMISSIONER MAC'KIE: Yes, ma'am. I mean, I'm ignorant
on this, so talk to me.
COMMISSIONER BERRY: Mr. Kuck and I have been around
the gamut on this whole issue we've had, because out in our
area, there's a lot of -- this is where it all happens. Okay, they're
not going to blast in the middle of the City of Naples.
COMMISSIONER MAC'KIE: No, it doesn't happen.
COMMISSIONER BERRY: Okay, well, it happens out in
District 5, as much as they can do it. And we've had some
incidents about this. So it's something that I would just say to
you all, you vote how you want to, but you be very careful,
Page 23
March 14, 2000
because it won't be your phone that will be ringing, it will be
mine.
MR. KUCK: And staff's only concern is if this would be
approved, are we setting a precedent in the Estates area?
One other consideration, again, that if you were to permit an
exception, I think that it may be a good idea to get letters of no
objection from the four nearest properties and have pre-blast
surveys done on those properties. If you have any questions, I --
COMMISSIONER BERRY: I can tell you that the residents
living in Longshore Lake, and they went to build Olde Cypress
right next door, and we've had one whale of a time. Tom's gone
over that. I mean, I've spoken with him umpteen times, the
residents out there have. I cannot tell you the hassle it has
been. And at that time it was permitted to do what they were
doing in this kind of a situation. But out in the Estates is a whole
different area.
But I agree with Tom, the only way, the only way, that I
would even consider this is if there was a signing off of all the
nearby residents. Because not only that, they're going to start
talking about their wells being affected. Now, that wasn't even
the problem in Longshore Lake. But I'll guarantee you, when you
get out into the Estates -- and I hate to say this to Mrs. Miller. I
know exactly what she's talking about, because in order to make
that pond, you know, the way it should be, you probably should
do some blasting.
But on the other hand, I can also tell you that the human cry
will be that you're going to affect the water systems. If
something happens, you're going to affect the water systems of
all the people who live around there. And, you know, they're not
on city water, they have their own wells. So just keep this in
mind.
COMMISSIONER MAC'KIE: Is that the basis for the policy
that we have is concern about water sources and --
MR. KUCK: That's part of it. And the other problem is that
we just thought that when we made that recommendation in the
Estates area, the way that it's growing and everything, and
people wanting a lake excavation, it's not really a requirement to
Page 24
March 14, 2000
develop their property. So we put that stipulation in there to try
and provide protection for the residents in the Estates.
COMMISSIONER MAC'KIE: I know what it's like to have a
water retention pond for a city park in my backyard that's a
mosquito haven, because it's not -- and it's not deep enough to
be anything useful or pretty or -- you know, it's just ugly marsh
there.
COMMISSIONER BERRY: But, you know, it wasn't too long
ago -- in fact, just a couple of meetings ago we had the people in
here talking about the digging out of their areas on their lots,
whereby they get the fill for the pad to build the house on, what's
the appropriate depth, all those kinds of things. And there's
some concern over all this.
And Mrs. Miller has been there long enough to understand,
you know, what the situation is in doing it. I'm not saying there's
anything wrong with that particular concept. But now she'd like
to make this usable and something that she -- you know, maybe a
little more attractive and something like that. But I think we've
got to be real careful when we proceed down this road.
CHAIRMAN CONSTANTINE: What's the pleasure of the
board? Do we want to put this on a regular agenda, or stop it
here?
COMMISSIONER CARTER: Well, I have some concerns with
precedent. And I understand what Mrs. Miller wants to do. And if
it was one situation, we got all the waivers, we got all the
protection, I could probably be comfortable with that. But then
how many other units are in that area that are going to be
coming in here every other week asking for the same thing, can I
blast to deepen a pond so I don't have the same situation.
Do we have any idea of what we're running up against if we
go in this direction?
MR. KUCK: Don't know.
COMMISSIONER CARTER: Don't know.
Are there any alternatives to blasting to get this pond
deeper?
MR. KUCK: Yes. In some cases it's fairly expensive, but
they -- and they're doing that on Livingston Road, just north of
Page 25
March 14, 2000
Golden Gate Parkway where they're constructing the Livingston
Road. They're using a punch where they go in with a big punch
and break the rock and then remove it with a backhoe. But it's a
slow process and fairly expensive process.
COMMISSIONER NORRIS: Well, it seems like there's enough
problems here, I would think that I would not -- I would prefer
that it not come back on a regular agenda item.
COMMISSIONER BERRY: I've got some strong concern
about it. I really do.
CHAIRMAN CONSTANTINE: That's three. Sorry.
Item #8A1
DOROTHY E. RUNDELL, REPRESENTING SOUTHWEST FLORIDA
BIRD CLUB REQUESTING A WAIVER OF RIGHT.OF-WAY PERMIT
FEES FOR A SPECIAL EVENT - APPROVED
Which moves us on to the Item 8(A)(1).
COMMISSIONER NORRIS: Motion to approve.
COMMISSIONER MAC'KIE: Second.
CHAIRMAN CONSTANTINE: There's a motion and a second
for waiver for the Southwest Florida Bird Club. Any discussion?
Any objection?
Motion carries 5-0.
Item #8A2
CP 2000-05 RE PETITION C-2000-3, THE NAPLES CHILDREN'S
FESTIVAL REQUESTING A PERMIT TO CONDUCT A FESTIVAL
FROM MARCH 31 THROUGH APRIL 2, 2000, ON COUNTY OWNED
PROPERTY ADJACENT TO THE GOLDEN GATE COMMUNITY
CENTER ON GOLDEN GATE PARKWAY - APPROVED
CHAIRMAN CONSTANTINE: We go to Item 8(A)(2), Petition
C-2000-3, the Naples Children Festival, requesting a permit to
conduct a festival.
COMMISSIONER MAC'KIE: Motion to approve.
Page 26
March 14, 2000
COMMISSIONER NORRIS: Second.
COMMISSIONER BERRY: Second.
COMMISSIONER CARTER: Second.
CHAIRMAN CONSTANTINE: There's a motion and a whole
pile of seconds. All those in favor, please state aye.
Anybody opposed?
(No response.)
CHAIRMAN CONSTANTINE: Motion carries 5-0.
8(A)(3) was continued.
Item #8B1
WORK ORDER NO. ABB-FT-00-03 WITH AGNOLI BARBER &
BRUNDAGE, INC. (AB&B) TO UPDATE THE CONSTRUCTION
PLANS FOR THE PROPOSED WIDENING OF 111 TM AVENUE FROM
U.S. 41 TO VANDERBILT DRIVE, PROJECT NO. 60031 -
APPROVED
8(B)(1), approve work order with Agnoli, Barber and
Brundage.
COMMISSIONER BERRY: I think that was continued, wasn't
it?
CHAIRMAN CONSTANTINE: Oh, you're right. I'm sorry, that
was continued. I like this pace.
Item #8B2
RESOLUTION 2000-77 ENABLING ADVANCED RIGHT-OF-WAY
ACQUISITIONS - ADOPTED
8(B)(2), advanced resolution to enable advanced -- approved
resolution to enable advanced right-of-way acquisitions. This is
pretty much just keeping on track with what we said last week
that we would do?
MR. BIBBY-' Good morning. Jeff Bibby, public works
engineering director.
That's correct, that's what we consented last Tuesday
Page 27
March 14, 2000
during the workshop.
COMMISSIONER MAC'KIE:
COMMISSIONER NORRIS:
CHAIRMAN CONSTANTINE:
Speakers?
MR. OLLIFF: None.
CHAIRMAN CONSTANTINE:
aye. Anybody opposed? (No response.)
CHAIRMAN CONSTANTINE:
Motion to approve.
Second.
Discussion on this item?
All those in favor, please state
Motion carries unanimously.
Item #8B3
STATUS REPORT ON PHASE I OF THE COUNTYWIDE
COMPUTERIZED TRAFFIC SIGNAL SYSTEM AND A REQUEST
FOR STAFF TO PURSUE A JOINT PARTICIPATION AGREEMENT
(JPA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION
(FDOT} TO ADVANCE FUNDING FOR PHASE II OF THE PROJECT -
APPROVED
8(B)(3), status report, Phase I, county-wide computerized
traffic signal system.
COMMISSIONER MAC'KIE: Is this where we authorize
another JPA?
MR. KANT'- Yes. Good morning, commissioners, Edward
Kant, transportation services director.
COMMISSIONER MAC'KIE: Motion to approve.
COMMISSIONER CARTER: Second.
CHAIRMAN CONSTANTINE: Motion and a second.
Discussion?
Mr. Kant, anything you just absolutely positively have to get
on the record?
MR. KANT: Thank you, commissioners.
CHAIRMAN CONSTANTINE: You're very kind.
All those in favor, please state aye.
(Unanimous vote of ayes.)
CHAIRMAN CONSTANTINE: Motion carries -- you sound like
Page 28
March 14, 2000
I feel. Motion carries 5-0.
Item #8B4
FUNDING FOR SIX (6) COMMUNITY POLICING OFFICERS AT
TRAFFIC INTERSECTIONS WHERE SAFETY AND CONGESTION
ARE A CONCERN - APPROVED
Approve funding for deputy assistant traffic control.
COMMISSIONER MAC'KIE: Motion to approve.
COMMISSIONER CARTER: Second.
CHAIRMAN CONSTANTINE: Motion and a second. All those
in favor of the motion, please state aye.
COMMISSIONER BERRY: My only question on that item is
are those ones that are named, is that enough?
COMMISSIONER MAC'KIE: Got to assume they are. Where
did the number come from?
CHAIRMAN CONSTANTINE: Mr. Olliff, if we find there are
not enough, I assume you'll quickly bring it back to our
attention?
MR. OLLIFF: Yeah, I don't think this is one of the things
fixed in stone. I think it's one where we're going to try these
intersections and see how it works, and we may come back to
you even in memo format and let you know.
COMMISSIONER BERRY: Okay.
Item #8B5
RESOLUTION 2000-78 AUTHORIZING THE ACQUISITION BY
GIFT, PURCHASE OR CONDEMNATION OF FEE SIMPLE TITLE
INTERESTS AND/OR PERPETUAL, NON-EXCLUSIVE, ROAD
RIGHT-OF-WAY, SIDEWALK, UTILITY, DRAINAGE,
MAINTENANCE AND TEMPORARY CONSTRUCTION INTERESTS
BY EASEMENT FOR THE CONSTRUCTION OF THE FOUR-LANING
IMPROVEMENTS FOR LIVINGSTON ROAD BETWEEN GOLDEN
GATE PARKWAY AND PINE RIDGE ROAD, CIE NO. 52 -ADOPTED
Page 29
March 14, 2000
CHAIRMAN CONSTANTINE: 16(B)(9} was -- I mean is now
8(B}(5), resolution for acquisition right-of-way, Livingston Road.
MR. BIBBY: Jeff Bibby again, public works engineering
director.
Because this does include condemnation is why we're
bringing it back on the regular agenda. This is Livingston Road,
the segment from the Parkway up to Pine Ridge Road.
COMMISSIONER MAC'KIE: Is it a technicality that it has to
be on the regular agenda? I thought so.
Motion to approve.
COMMISSIONER BERRY: Second it.
CHAIRMAN CONSTANTINE: Discussion?
speakers?
MR. OLLIFF: None.
CHAIRMAN CONSTANTINE:
state aye.
(Unanimous vote of ayes.}
CHAIRMAN CONSTANTINE:
Any public
All those in favor of the motion,
Motion carries 5-0.
Item #9A
BUDGET AMENDMENT NOT TO EXCEED $1,500.00 TO PAY FOR
THE NOISE EXPERTS TO PRESENT THEIR FINDINGS AND
RECOMMENDATIONS TO THE BOARD REGARDING THE
PROPOSED NOISE ORDINANCE AMENDMENTS - APPROVED
Takes us to county attorney's report, budget amendment
noise expert for the noise ordinance amendment.
MR. WEIGEL: Yes, Mr. Chairman and commissioners, noise
experts have done a fine job, really far beyond that which they
promised to do for the initial sum. We would like to have them
come to the meeting and explain the technical intricacies of
what we will have to consider on the March 28th meeting. This
would allow for that.
COMMISSIONER MAC'KIE: Motion to approve.
COMMISSIONER BERRY: Second it.
COMMISSIONER CARTER: Second.
Page 30
March 14, 2000
CHAIRMAN CONSTANTINE: Motion and a second from
Commissioner Berry. Any discussion? Seeing none -- any
speakers?
Seeing none, all those in favor of the motion, please state
aye.
(Unanimous vote of ayes.)
CHAIRMAN CONSTANTINE: Motion carries 5-0. Thank you.
Item #10A
RESOLUTION 2000-79 REAPPOINTING KARL J. OTTO AND
JANET VASEY AND APPOINTING KATHLEEN CURATOLO AND
PETER LEHMANN - ADOPTED
Appointment of members of the productivity committee.
COMMISSIONER BERRY: Two members --
COMMISSIONER MAC'KIE: It's for four.
COMMISSIONER BERRY: -- or do we appoint them both?
COMMISSIONER MAC'KIE: I think it's for four.
COMMISSIONER CARTER: Well, I have a question on that,
because the productivity committee recommends Karl Otto and
Janet Vasey, but then they also recommended not approving
Curatolo and Lehmann, and I really don't understand that. And I
haven't had a chance to talk to Don Campbell, so --
CHAIRMAN CONSTANTINE: Our tradition here is if you have
the number -- unless someone is clearly unqualified or has a
convicted felon or some other glaring reason, if they have -- meet
qualifications and it's -- there are no other openings, we don't
turn them away. If somebody's willing to -- COMMISSIONER CARTER: Right.
CHAIRMAN CONSTANTINE: -- provide their time.
COMMISSIONER CARTER: In reading the backgrounds of the
people who did apply, it seemed pretty reasonable to me as to
why they would be there. Why the committee did not feel that
they should be there, I don't understand that.
COMMISSIONER MAC'KIE: I'm sorry, but I don't see where
they recommended against the other two. I thought it --
Page 31
March 14, 2000
COMMISSIONER CARTER: Well, if you go to the
memorandum --
COMMISSIONER MAC'KIE: It does?
COMMISSIONER CARTER: -- from Gary Vincent, he says the
committee does not recommend the following two applicants for
COMMISSIONER MAC'KIE: Yeah, you're right.
COMMISSIONER CARTER: -- appointment.
COMMISSIONER MAC'KIE: Well, I know Peter Lehmann
through a friend, and have very high recommendations --
references for him. The other -- the lady, I don't know. But my
motion is to appoint the four applicants.
CHAIRMAN CONSTANTINE: We do need a --
COMMISSIONER NORRIS: We need to waive the --
CHAIRMAN CONSTANTINE: -- 5-0 waiver vote for Mr. Otto.
COMMISSIONER MAC'KIE: My motion includes that.
COMMISSIONER NORRIS: Second.
CHAIRMAN CONSTANTINE: Any further discussion?
Any speakers?
All those in favor, please state aye.
Anybody opposed?
(No response.)
CHAIRMAN CONSTANTINE: Motion carries 5-0.
Item #10C
RESOLUTION 2000-80 APPOINTING KELLY SAMEK, ANDREW
D.W. HILL AND WILLIAM RING - ADOPTED
Appointment of members of the city/county beach
renourishment. There are three openings and three applicants.
COMMISSIONER MAC'KIE: Motion to approve.
COMMISSIONER NORRIS: Motion to approve.
COMMISSIONER MAC'KIE: Second.
CHAIRMAN CONSTANTINE: Motion from Commissioner
Norris, second from Commissioner Mac'Kie.
COMMISSIONER NORRIS: Can I ask a question, please?
Page 32
March 14, 2000
CHAIRMAN CONSTANTINE: Sure.
COMMISSIONER NORRIS: Marco Island City Council member
John Soldenwagner has been very interested in getting on this
committee, but did he not send an application? MS. FILSON: He did not.
CHAIRMAN CONSTANTINE: Can we make a point -- I know
they have expressed a lot of interest. Can we make a point just
to alert the City Council down there next time there's an opening
on this?
MS. FILSON: I send them copies of all my press releases. I
fax them to them.
COMMISSIONER MAC'KIE: Maybe we'll make a phone call.
MS. FILSON: To the city manager.
Can we make a special effort?
CHAIRMAN CONSTANTINE:
MS. FILSON: Yes.
CHAIRMAN CONSTANTINE:
the chairman?
MS. FILSON: Yes.
CHAIRMAN CONSTANTINE:
Thank you. A cover letter from
Thanks.
Let's call that question. All those in favor, please state aye.
Anybody opposed?
(No response.)
CHAIRMAN CONSTANTINE: Motion carries 5-0.
Item #10D
RESOLUTION 2000-81 APPOINTING FRED TARRANT TO THE
TOURIST DEVELOPMENT COUNCIL - ADOPTED
Appointment of members of the TDC.
COMMISSIONER MAC'KIE: Motion to approve.
CHAIRMAN CONSTANTINE: That's for Fred Tarrant.
COMMISSIONER MAC'KIE:
It's basically our confirmation.
CHAIRMAN CONSTANTINE:
motion?
COMMISSIONER NORRIS:
It's a City Council appointment.
Is there a second for the
Second.
Page 33
March 14, 2000
CHAIRMAN CONSTANTINE:
in favor, please state aye.
Anybody opposed?
(No response.)
CHAIRMAN CONSTANTINE:
Motion and a second.
Motion carries 5-0.
All those
Item #10E
INVITATION TO FOUR OTHER SOUTHWEST COUNTIES IN
FLORIDA TO A WATER RESOURCES WORKSHOP PRESENTED IN
IMMOKALEE BY IFAS - APPROVED
Request for approval to invite the other four southwest
counties in Florida to a water resources workshop.
Commissioner Berry.
COMMISSIONER MAC'KIE: This is really good.
COMMISSIONER BERRY: This was an item that was sent to
me by Dr. Blanton regarding a proposal for the University of
Florida to more or less offer more services to Collier County in
terms of providing some information and the fact that we do have
that IFAS center out north of Immokalee, and that they do more
than just the testing of plants out there.
And this would be an opportunity for them to bring people
down from the University of Florida to talk about water resources
in Southwest Florida, and the interest to invite other
commissions from around the area. I think they're talking about
Collier County, Lee, Hendry and I don't know if it's Glades or
Charlotte. Is it Charlotte? MS. FILSON: Glades.
MR. OLLIFF: I think it's both.
COMMISSIONER BERRY: Anyway, that's it.
CHAIRMAN CONSTANTINE: Great idea.
COMMISSIONER MAC'KIE: Excellent idea. My only
comment, I'm sure they're going to do this already, but somebody
needs to be sure that we're coordinating with the Lower West
Coast Water Supply study that is already -- we have one staff --
COMMISSIONER BERRY: I don't think it's a study, Pam. This
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March 14, 2000
isn't a study. This is just --
COMMISSIONER MAC'KIE: Oh, no.
COMMISSIONER BERRY: -- a little more --
COMMISSIONER MAC'KIE: But they would have done a
whole lot of the intro work. And it will make it easier, I would -- I
would think.
And it just gives me a chance to plug, Tom, that Lower West
Coast Water Supply. We need to be more actively involved in
that than we are, in my opinion. But motion to approve.
MR. OLLIFF: Commissioners, if I can jump in here for just a
second. I think the intent of this item was really to find out on
that date if there -- if that date worked with the schedules and
calendars of the commissioners and if they were actually
interested in attending.
The university was actually trying to offer this for two
reasons: One, I think there seems to be a public concern about
water, and especially in Southwest Florida, about where does it
come from and how is it impacted by development, who's using it
and how much is there. And so the university was simply
offering. But they wanted to offer it here in Collier, only if the
Collier Commissioners were interested in having this seminar.
So I think they were looking to try and get some idea of
interest from the commission in terms of attendance. And as the
host county, I agree with them. You know, if there are a large
number of our commission who are not going to be able to
attend, it would probably not be the kind of thing that we would
want to invite the other four counties to come to.
So maybe if you could just check with your schedules, and
then maybe in the afternoon maybe under communications, we
can get back together on this item and you can let me know
whether or not you do intend -- or can attend. Then we can make
the decision --
CHAIRMAN CONSTANTINE: If we're still here in the
afternoon.
MR. OLLIFF: At the end of the agenda, perhaps.
COMMISSIONER NORRIS: Second.
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March 14, 2000
CHAIRMAN CONSTANTINE: Further discussion?
All those in favor, please state aye.
(Unanimous vote of ayes.)
Speakers?
Item #10F
EMERGENCY AMENDMENTS TO THE COLLIER COUNTY TAXI
ORDINANCE - AMENDMENTS TO BE BROUGHT BACK ON 3/28/00
CHAIRMAN CONSTANTINE: 10(F), emergency amendment to
the taxi ordinance.
I wondered if you all would care if we put on for discussion
and possible action in two weeks Item 4, our Taxi Ordinance. We
have some limitations on what drivers can do, what they can
charge and so on.
For obvious reasons, there are some concerns within their
industry, as there are any fuel-related industry right now because
gas prices are through the roof. And if there's a way we can at
least on a short-term basis correct that, because there are some
who are literally -- they can't make a buck, they can't make a
cent right now on the current situation.
So I think it's worth looking at and I just wanted to make
sure the whole board was comfortable with that before I placed
it on a full-blown agenda item.
COMMISSIONER CARTER: Well, I'm willing to look at that,
and I just always think there has to be a limitation, it doesn't
stay there forever. There has to be some parameters --
CHAIRMAN CONSTANTINE: Absolutely.
COMMISSIONER CARTER: -- that when we get out of this
situation, that it drops off. But in the interim, I certainly can
empathize with their situation.
COMMISSIONER MAC'KIE: I'd be happy to see it in two
weeks.
CHAIRMAN CONSTANTINE: And we have actually hesitated
-- the industry and I have spoken, and we hesitated until now.
But with some of the projections for prices to be in excess of two
bucks a gallon, and for that to go well through June, I mean, they
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March 14, 2000
are -- they can't put food on the table right now.
I'll put that on for a couple of weeks.
Item #10G
DISCUSSION OF LAND DONATION FOR PASSIVE PARK- STAFF
TO WORK WITH CORKSCREW FIRE DISTRICT AND REPORT
BACK
Discussion of land donation for passive parks.
COMMISSIONER BERRY: There was a call made to me from
the Corkscrew Fire District that they would like to donate an
acre of land to the county out in that area to have a passive park.
And I don't know if any of them are here to speak about this.
MS. FILSON: He called and said he would be here around
10:00.
COMMISSIONER BERRY: Well, we're around 10:00.
COMMISSIONER MAC'KIE: Could we just direct staff to work
with him? Because--
COMMISSIONER BERRY: That's really what we're looking
for, because you don't -- none of us really have all the
information. They didn't give me all the information. But they are
interested in having some type of park, perhaps more of a picnic
type area for families out in that area, perhaps a few swings, but
nothing elaborate in terms of lighted ball fields or anything like
that. That's not what they're talking about.
COMMISSIONER MAC'KIE: Nice idea, though.
CHAIRMAN CONSTANTINE: Sounds great. Let's ask staff to
work with them and maybe bring it back in some sort of final
form.
COMMISSIONER BERRY: That's fine.
Item #11 B1
PUBLIC COMMENT - KEN THOMPSON REGARDING FENCE
ISSUES IN COLLIER COUNTY
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March 14, 2000
CHAIRMAN CONSTANTINE: Public hearings -- let's see,
public comments on general topics. Do we have anybody signed
up for that, Mr. Olliff?
MR. OLLIFF: Yes, we do. You have two. The first is Mr. Ken
Thompson.
CHAIRMAN CONSTANTINE: And he'll be followed by?
MR. OLLIFF: Actually, I don't see him in the audience, but
Mr. Luntz, Herb Luntz, has actually submitted a request to speak.
COMMISSIONER BERRY: He's not here.
CHAIRMAN CONSTANTINE: Good morning, Ken.
MR. THOMPSON: Well, I won't give you no trouble today. My
name's Ken Thompson, I live at 2831 Becca Avenue.
And Mrs. Berry, I wish you wouldn't drop out. I was going to
go buy a house in your neck of the woods because I like what
you do. And --well, I do.
COMMISSIONER BERRY: Thank you.
MR. THOMPSON: And you, too. All of you.
Who -- do you know -- here when this zoning come up from
my wife, it was a -- you know, shouldn't have been. Code
enforcement shoved that down our throat, and pretending that
they never knew that we were there. And this thing is getting
out of hand here.
Code enforcement, Mrs. Berry and Mr. -- you've got to forgive
me, I can't remember names -- said that code enforcement -- Mr.
Bellows over there and George Vega was swore in -- that they
wouldn't come around the property anymore and bother us.
Well, we don't bother you. Until that time they are coming
up in the backyard, the 8th to 23rd, I found one of them in the
backyard taking pictures and coming through trespassing (sic)
signs.
And I've been investigated here real heavy here lately.
Every neighbor in my neighborhood is mad at me. My brother, I
wouldn't have it anyway, because the one I got ain't worth a
damn anyway.
I'm sorry I said -- you know, cussed to you. But if this thing
is the way you put it, why don't they just leave us alone? My wife
was so upset yesterday. She tried to get her income tax did, and
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March 14, 2000
she's always ahead of things. When the tax comes for Guy
Carlton, she pays that before she leaves the mailbox. She's
worried about you people putting liens on her property. And I'm
damned if I can't live like this no more with code enforcement.
So I go out there and I talk to her, to Ms. Arnold. Which
she's a nice lady, and I wouldn't have it no other way. And I
talked to her about this fencing problem. And before I even got
out of the pen here, I got hit with it. You know, I get home and
my neighbors accusing me of this and accusing me of that.
And what he don't know is, is I pulled an ordinance on that
fence, and he's sticking up fences backwards, you know. And
the code states that the good side goes to me.
And I have a four-foot fence with a hedge along it. And I'm
no bum, I love to keep a nice place, in which I do. And it's
getting to me. But when they put the fence up, Mr. Ron Nino, he
seems to -- when you sit down to try to talk to him, I guess he's
like me, he's a little ignorant and hateful. Real hateful. I hate
people that put blood on a knife unless I'm seeing it coming.
And it's just got to stop. And you won't believe what they
got me for. How far back -- I just want to ask you, how far back
do you people dig just over a light? That light was put up by a
contractor, and you're going way back -- you're going way back
yonder to '91, for Christ sakes, just over a little dusk-to-dawn
light.
And since they did that, everybody -- and getting back to the
fence problem, he's telling me that he can put it up backwards.
Well, she's got 300 feet of property there. Can you imagine
seeing a 300-foot stupid fence put up and a wooden fence? You
should deny them.
Because when I put up my fence, she told me I couldn't do
it. I had to put a four-foot chain link. That was it. So I did.
And I have spent so much money on that property. It was in
-- she inherited it.
And code enforcement is good people. The best. I'm not
going to hurt them. But, you know, enough is -- Morat (phonetic)
is the man that keeps -- you know, he's a darn good person, but I
don't think he's learning too good. And down in Marco Island, he
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March 14, 2000
thinks nobody knows about that. I know all about his sneaking in
here behind this man's house and filming all this property. And
he got in trouble over it. Well, that was a hushed deal. His
lawyer was my lawyer. But nobody -- he never told me anything
about it.
But you're leaving cars parked in the parking lots. I go to
Guy Carlton. Now, he tells me the Sheriff Department is
responsible for having plates on the car.
And it's -- you're going to just have to do something here to
leave us alone until you get the thing through, the zoning
through. And you put it that way, and we're not going to hurt you,
but if you need the money that bad, if you'll just ask, we'll put it
in your checking account or your savings account, because I'd
rather do that than have any more hard feelings.
I mean, I'm going through one of them operations one after
another. I'm lucky I can -- I eat with pain pills, I sleep with pain
pills. But code enforcement is the worst pain pill. I'm telling
you.
CHAIRMAN CONSTANTINE: Thank you.
MR. THOMPSON: And I called the sheriff that day, and he
couldn't figure out what the cops was doing there. But I never
told him. I told the cop not to say nothing.
I just don't want to hurt nobody. But I'll be damned if you
ought to turn those fences around and put them up the proper
way.
And tell Mr. Kelly to go down Becca Avenue. If it's four foot
in the front, why have you got six and eight-foot fences in my
neighborhood? You're letting this guy -- he made a mockery of
me, that's what he said. I damn wish it would stop somehow or
another.
CHAIRMAN CONSTANTINE: Thank you.
MR. THOMPSON: I want to tell all of you, you're doing a
good job.
And keep the courthouse Martin Luther king, will you?
Because I think you better. Because I'm going to tell you, I don't
really care. If it weren't for colored people, I wouldn't have a
damn thing anyway. Because they work hard for me.
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March 14, 2000
And I'm glad for you, sir.
CHAIRMAN CONSTANTINE: Tom, Mr. Luntz has not made an
appearance?
MR. OLLIFF: I still don't see him, but he was the only other
registered speaker.
Item #12B1
ORDINANCE 2000-t4 RE PETITION PUD-85-01(2), R. BRUCE
ANDERSON, ESQ. OF YOUNG, VANASSENDERP, VARNADOE AND
ANDERSON, P.A., REPRESENTING HARLEY DAVIDSON OF
NAPLES, INC. REQUESTING A REZONE FROM "PUD" TO "PUD"
PLANNED UNIT DEVELOPMENT KNOWN AS NAPLES GATEWAY
PUD LOCATED ON THE NORTH SIDE OF PINE RIDGE ROAD,
EAST OF LIVINGSTON ROAD AND WEST OF 1-75 - ADOPTED
WITH STIPULATIONS
CHAIRMAN CONSTANTINE: All right. With that, we'll go to
the afternoon agenda. Advertised public hearings. 12(B)(1),
Petition PUD-85-01(2). Bruce Anderson, of some law firm,
representing Harley Davidson, of Naples.
Everybody that's going to speak or participate in any way in
this public hearing, I need you to stand and be sworn in. (All speakers were duly sworn.)
MS. MURRAY: I have been briefed by the petitioner.
COMMISSIONER NORRIS: As have I.
COMMISSIONER BERRY: As have I.
CHAIRMAN CONSTANTINE: That's four.
MS. MURRAY: Good morning. Susan Murray, current
planning services.
This is pretty straightforward. The petitioner is seeking to
repeal the current Naples Gateway PUD and adopt a new PUD to
essentially achieve one objective, and that is to change the text
of Section 5.3 of the PUD document to add as a permitted use
new and used motorcycle sales and service and sales of related
merchandise.
COMMISSIONER MAC'KIE: If I could just put on the record,
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March 14, 2000
as I was out of the room, I had a disclosure to make about a
meeting with Mr. Anderson.
CHAIRMAN CONSTANTINE: That's five.
MS. MURRAY.' If you're not familiar, the current adopted
Naples Gateway PUD is 13.45 acres. It's located on the north
side of Pine Ridge Road, approximately one-half mile to the east
of Livingston Road. It currently permits a range of commercial
uses to meet neighborhood shopping needs, as well as the
motoring public traveling to and from 1-75. It is located in the
interchange activity center, surrounding the interchange of 1-75
and Pine Ridge Road.
Three and a quarter acres of the site adjacent to the
western boundary are currently under development for a
Hawthorn Suites Hotel. According to the site plan submitted by
the petitioner, the motorcycle sales facility will be located
adjacent to the eastern boundary of the site. Access will be
provided directly to the site from Pine Ridge Road. I do have a
master plan -- or a submitted master plan by the petitioner I'd
like to show you.
This is kind of sideways here, but it's the easiest way to
view it. This actually would be Pine Ridge Road. And then the
northern boundary of the site adjacent to Livingston Woods Lane
would be right here, just to acclimate you.
The submitted master plan shows that the proposed
structure will be approximately 90 feet from the future
right-of-way line of Pine Ridge Road when it is widened to six
lanes later this year, and that is scheduled to begin construction
in October of this year. And that is approximately a one-year
construction time frame.
That also includes the addition of two left turn lanes
northbound to enter the ramp to 1-75.
The site plan also indicates that the proposed structure will
be located more than 300 feet from the rear property line
abutting Livingston Woods Lane.
That -- you also need to be aware that Livingston Woods
Lane is a 60-foot wide right-of-way, and setbacks in the Estates
zoning district are 75 feet. So if you add those to the 300 feet,
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March 14, 2000
you're well over 400 feet from any closest structure.
There are several components of this PUD which make this
a palatable amendment to staff relative to compatibility issues.
First, this is a text change to an existing commercial PUD, which
presently allows a range of commercial uses, including a very
similar use, that being motor vehicle dealers, new and used,
which are permitted to maintain repair departments and
accessory sales as ancillary or secondary uses to vehicle sales.
The Naples Gateway PUD was approved with significant
buffering and architectural requirements, which also assist in
mitigating the impacts of the proposed uses on the Estates
zoned property to the north. Specifically, there is a 20-foot wide
type D buffer requirement along Livingston Woods Lane with
more stringent screening than is currently required by the code.
Within this buffer, trees are required to be spaced a
minimum of 15 feet on center, with a single row of shrubs placed
a minimum of three foot on center. Both trees and shrubs are to
be located on the northern side of an eight-foot tall
architecturally finished opaque masonry wall.
And additionally, along the southern side of the wall, the
PUD requires at least 45 red maples trees or similar species
which are eight feet tall at planting.
The PUD, as I mentioned, is located within the interchange
activity center, and that is consistent with the Future Land Use
Element of the Growth Management Plan for the location of
commercial uses.
The proposed use is very similar intensity to uses that are
already permitted by right, and Pine Ridge Road is scheduled for
widening to six lanes, beginning later this year.
At the Planning Commission meeting, there -- I did receive
two letters and -- I'm sorry, one letter and two phone calls in
objection prior to the Planning Commission meeting. However,
nobody appeared at the Planning Commission meeting to speak
in objection. And the Planning Commission did vote unanimously
to recommend approval of this petition to you.
If you have any questions, I'd be happy to answer them.
CHAIRMAN CONSTANTINE: Questions for staff? I have one.
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March 14, 2000
You mentioned the wall and the space on the back side, the
north end of the property-- MS. MURRAY: Right.
CHAIRMAN CONSTANTINE: -- the shrubs, the 45 trees and
so on. We've had some fairly stringent requirements for each of
the PUD's that we've approved on Pine Ridge that aback those
against Livingston Woods. Is this consistent with, at the very
least, and perhaps more intense than each of those?
MS. MURRAY: Three of the PUD's along Livingston Woods,
Naples Gateway, Angileri and Cleeson all have similar
requirements, as I read into the record, for the Naples Gateway
PUD. And there's no proposed change to that buffer requirement
or anything through this amendment. So yes, they are
consistent.
CHAIRMAN CONSTANTINE: Thank you. Let's hear from the
petitioner.
MR. ANDERSON: Good morning, Mr. Chairman,
commissioners. For the record, my name is Bruce Anderson, on
behalf of Harley Davidson of Naples, Incorporated. They are a
contract purchaser of just over two acres, located on the
easternmost side this PUD.
This is a small text change amendment to the PUD. This
PUD was originally approved in 1985, and was amended and
updated in 1997 as part of the PUD Sunset provision of your Land
Development Code.
As Ms. Murray noted, this is located within an interchange
activity center, and the comprehensive plan provides the full
array commercial uses are permitted within an activity center.
The purpose of this PUD amendment is to allow for Harley
Davidson dealership sales and service center, which are similar
to uses that are presently presented as a matter of right, such as
new and used motor vehicle sales and automotive parts and tire
stores. I would emphasize --
COMMISSIONER MAC'KIE: Unless somebody's got a lot of
questions about this, basically they're entitled to sell cars,
they're going to sell motorcycles. It looks like it's aesthetically
pleasing. It looks like they protected the neighborhood
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March 14, 2000
adequately. I just would love to hear if there are objectors, what
their objections are. Unless people just want to hear --
COMMISSIONER BERRY: I think the only other concern
probably would be since you're talking about Harley Davidsons,
and they seem to cackle pretty well -- which we all enjoy, if you
like motorcycles -- how you're going to guarantee or help the
citizens in that area to be protected from that noise.
MR. ANDERSON: Well, based on the correspondence that
Ms. Murray had received, I knew that there was some concern
about noise from the adjoining residential area.
And to try to address that, number one, we came up with the
-- locating the building 300 feet from the property line. And we
would agree to always maintain a minimum of 200 feet. The PUD
only requires 90 feet in the case of anything that's more than a
one-story building. But if there was an expansion in the future,
we would be willing to live with a minimum 200 foot setback, and
any expansion would be limited to warehouse space only.
Also, to try to address the concerns, we inserted language
in the PUD that prohibits the service facility doors, the garage
doors, if you will, from facing Livingston Woods Lane. Instead,
they are oriented towards Interstate 75.
CHAIRMAN CONSTANTINE: Do you have any limitations on
hours of service? Are we going to be tuning these things up at
11:00 p.m.?
MR. ANDERSON: I doubt that. No, sir.
CHAIRMAN CONSTANTINE: Would you be willing to put a
limitation on the hours of maintenance?
MR. ANDERSON: Sure. Let me discuss what the specifics of
those might be.
CHAIRMAN CONSTANTINE: What do you think about that?
And we'll hear from public speakers and can you work on that.
MR. ANDERSON: Thank you.
MR. OLLIFF: Mr. Chairman, you have two public speakers.
The first Mr. Ellie Madigan, followed by Tom Bartis. CHAIRMAN CONSTANTINE: Good morning.
MS. MADIGAN: Good morning. How are you all? I'd like to
just pass out some pictures that I took at 8:00 this morning. I
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March 14, 2000
just want you to see these, if I may.
CHAIRMAN CONSTANTINE: And for the record, you are?
MS. MADIGAN.' I'm Ellie Madigan. I live on Bottlebrush
Road.
And my -- I have -- I think you have all received signatures of
a petition that I took around in the last four days, mainly just
going Livingston Woods Road and -- Lane and Bottlebrush.
We talked to and got the signatures of 100 percent of the
people who are residents or potential residents. When I say
building, on Livingston Lane -- or Livingston Woods Lane. And we
got 95 percent of the people on Bottlebrush. The rest were not
home.
Our main concern is noise. I think there's a saying, live to
ride and ride to live. There's also one, loud pipes save lives. And
we are a neighborhood, and I would venture to say most of the
people in the neighborhood are there year round.
We have several children. Most homes have~ I would say,
half the homes on each street has children. We're concerned
about mainly the noise, how can we -- I mean, they are noisy, and
they are going to have to start them up. So what -- are we to
endure that? I mean, this is not temporary, this is permanent.
And where are they going to test ride the motorcycles?
They're not going to fix a motorcycle and not test-drive it. Are
they going to go on Pine Ridge, or are they going to come down
Soil Road and hit Livingston Woods Lane, Sandalwood, Sable
Ridge?
And that is probably the main -- I mean, as soon as we
mentioned that the motorcycle place was coming in, didn't feel it
was compatible and the number one was noise and where are
they going to ride these as they're test riding them.
The third main concern in the neighborhood seems to be the
potential of contaminating our wells. Now, we do have the gas
stations, and we know that they are heavily regulated by federal
rules. There's gas, there's oil, et cetera, with motorcycles. What
assurances are there that we will not have our water, since we
are all on wells.
I passed out some pictures that -- very interesting, when the
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description -- it looks very nice. We also saw something very
nice for Race Track; a nice wall for Race Track Gas Station. We
saw landscaping. It looked lovely. It looked like a park.
This is what we've been looking at for a year are the
pictures that I sent up to you. I took those at 8:00 this morning.
The wall is not the required distance back. We have requested
that and it was -- we were told it was an administrative error.
But Cambridge just built one two weeks ago, and it doesn't have
the proper setback. We do not have any landscaping. And you
say you're protecting the north side.
And I believe I took notes that there is a 20-foot buffer?. I
want to you look at those pictures and tell me where there's a
20-foot buffer. And do you think they're going to move the wall?
I want to be sure that they're going to do what they say they're
going to do.
Those are the main things is the noise. How can we -- I
think we all agree they're noisy. They are in a proper place right
now; they're in an industrial park. They're over on Shirley Street.
Perhaps if they just had a sales room and not repair and parts on
Pine Ridge. Any questions?
CHAIRMAN CONSTANTINE: Thank you.
MS. MADIGAN: Thank you.
MR. OLLIFF: Your next speaker is Tom Bartis.
MR. BARTIS: Can we get some information, Tom, on that
wall, what the problem was with the wall? MR. OLLIFF: We will.
MR. BARTIS: Good morning. My name is Tom Bartis. I'm at
6641 Livingston Woods Lane, in Naples.
This is the original copies of the petition which Ms. Madigan
and I circulated in the neighborhood. Unfortunately, we only had
time to do it in a rather constrained manner because of the time
that we were apprised of the information that the place was
going to be put in.
There was a little sign in front of the hotel which is being
constructed. It was no bigger than a foot and a half by perhaps a
foot high, stating that there was going to be a public hearing
with the zoning commission. Unfortunately also, the zoning
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March 14, 2000
commission does not have much credibility with people in
Livingston Woods.
Our problems there date back over a year now with the
original plan with Race Track gasoline station, which Mr.
Anderson was the representative attorney for. We were
promised a lot of things, and a lot of things never happened. As
you can see, we have a very ugly wall. It could be in any lovely
penitentiary to look at that wall every day.
The setbacks are incorrect, as Mrs. Madigan said. I called
Mr. Nino at the zoning department, and he told me that it was an
administrative error, and really, nothing could be done about it.
There is absolutely no compliance with the setback rules on
that wall, nor on the one in Cambridge Medical Center.
So these are the reasons why we are so apprehensive in
Livingston Woods about anything coming in there that does not
fit in with the present PUD rules. We don't want to be against
anybody's business, that's not what we want to do. However, all
of us have invested a lot of money in property and homes in the
area, and we want to protect our investment, which is very
normal for anybody, especially here in Naples.
I cannot reiterate enough the problem that we are
concerned with, and that is noise pollution. Everybody knows
that motorcycles, especially Harley Davidsons, are rewed up
constantly. If it were a Kawasaki dealer, I would be less
concerned. But unfortunately it's a Harley Davidson. I had a
motorcycle for 10 years, which was a Kawasaki. I never once
met a Harley Davidson driver that did not have a bandanna
around his head, a dirty beard and dirty long hair and earrings on
his ear.
Then you are the exception, Mr. Norris.
COMMISSIONER MAC'KIE: I'd like to introduce you to
Commissioner John Norris, a Harley Davidson rider.
MR. BARTIS: I'm familiar with Mr. Norris. I didn't know he
rode a motorcycle --
COMMISSIONER MAC'KIE: He does.
MR. BARTIS: -- let alone a Harley Davidson.
COMMISSIONER MAC'KIE: He does.
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March 14, 2000
MR. BARTIS: I'm pleased to find out that you're such a neat
person, Mr. Norris, and I respect that. However, this is not a
guarantee that everybody that's going to come to that place is
going to be a Mr. Norris.
Those are our concerns. We are concerned about our water
pollution. We are have wells. There are some 200 homes up
there. There were 150 I think some time ago. And I know on my
own street, there are at least four new ones in the last year. We
all have well water. We are concerned about our well water.
I stated to you the last time I was here three years ago that
the Florida Department of Environmental Protection had stated
that one gallon of gasoline spilled can contaminate 13 million
gallons of water. And that's an awful lot of water.
One of the main concerns also of the neighborhood was that
they're going to be testing motorcycles on our streets. There are
a lot of small children. They're ranging in age from two and three
years old up to 16 years old. I'm not so much concerned about
the 16-year-olds, I'm concerned about the little ones who many
times will wander into the street, which they're not supposed to
do. However, a motorcycle is difficult to see and they go very
fast. Mr. Norris and I both know that, since we have ridden.
Further, it would appear that these walls, which are
supposed to be protecting us, are not doing the job. And we
don't expect that this one is going to do the job either. Because
right at the present time, the Race Track wall which is there is
left, and on the sides pickup trucks are going through. If you
look at the swales on Livingston Woods Lane, you'll see
enormous ruts from pickup trucks that have been going in and
out of the area.
I don't know what they're going, where they're cutting
through, or why they're doing it, but they do. This is the potential
hazard. Are those walls going to be connected on each property?
We don't know. And how are we ever to trust anybody who says
they are when so far we have been lied to? Those walls are not
what they were said to be.
It's a problem. I'm not adverse to anybody having a
business on Pine Ridge Road. However, somebody in their
Page 49
March 14, 2000
wisdom said you could do anything there except put a Harley
Davidson dealer. And now the problem has come up. And that's
why so many of us are fighting against this.
Is that my time up? Is that what that means? Okay, thank
you for your time, I appreciate it.
CHAIRMAN CONSTANTINE: Thank you.
Mr. Olliff, any other speakers?
MR. OLLIFF: No, sir.
COMMISSIONER NORRIS: I have a question for the
petitioner.
MR. ANDERSON: Yes, sir.
COMMISSIONER NORRIS:
the question of whether there would be test driving up and down
their -- the residential streets back there. As I remember, there's
not an access to Livingston Woods Lane from this PUD; is that
correct?
MR. ANDERSON: That is correct. They would have to drive
down Pine Ridge and turn onto Livingston Road in order to gain
access to this area. And we're perfectly willing to live with a
prohibition on using any of the streets within Livingston Woods'
subdivision for test driving. We would be happy to have that
inserted in the PUD.
One of the reasons that they chose this location was
because it was close to the interstate, and the interstate is the
ideal place, in my client's view, to do the test driving.
COMMISSIONER MAC'KIE: Question.
CHAIRMAN CONSTANTINE: Commissioner Mac'Kie.
COMMISSIONER MAC'KIE'. It's probably for staff. But about
the photographs that the lady presented to us about the
incompleteness walls and that stuff. Isn't -- is it -- do you know
the reason for that? I think it's because it's not time yet that
they're required.
MS. MURRAY: That's correct. The walls would be
completed as each of the PUD's were developed out. And as I
mentioned to -- Commissioner Constantine asked about the
uniformity of the walls and the plans that were all approved with
similar architectural features. That doesn't mean that they all
Both of the public speakers raised
Page 50
March 14, 2000
get built at the same time, it just means as the PUD's develop
out, each of the walls would be built at that time and then
interconnected.
COMMISSIONER CARTER: And will they be connected?
MS. MURRAY: Yes, they will. If they're adjacent to each
other, yes.
COMMISSIONER MAC'KIE:
COMMISSIONER CARTER:
excuse me.
COMMISSIONER MAC'KIE:
COMMISSIONER CARTER:
administrative error?
So ''
And what about the issue --
That's okay.
What about the issue is raised
MS. MURRAY: I'm not really sure what that's referring to.
There are no setbacks for fences. It's my understanding that
when these PUD's were developed, that the petitioners at the
time met with the residents in the area and came up with an
architectural plan that was satisfactory to both parties.
They may have agreed on some setbacks at that time;
however, that language is not in the PUD document. It simply
requires a 20-foot wide buffer with an architectural wall
plantings on both sides. My assumption is that they've tried to fit
the wall into the plantings per the requirements of the PUD;
hence, there really is no setbacks. I'm not really sure --
CHAIRMAN CONSTANTINE: I think we might want to go
back and review the record on that, because it's a little different
than my recollection. All that is correct, that there were
agreements put in there, but -- after discussion between the two.
But my recollection is that there was a few more specifics than
what you're suggesting.
MS. MURRAY: Well, I go by what's in the PUD, and --
CHAIRMAN CONSTANTINE: I understand.
MS. MURRAY: -- we'd be happy to go back and check that.
CHAIRMAN CONSTANTINE: I understand.
Mr. Mulhere?
MR. MULHERE: Thank you. Bob Mulhere, planning director.
I attended several meetings with Mr. Nino and with several
of the property owners, and also several residents in the area.
Page 51
March 14, 2000
We developed a common -- a plan for constructing this wall for all
of these parcels. Although Susan indicated they'll be developed
as they come through the process.
The issue I think perhaps is one -- I don't think it's an
administrative error. I can't speak to that issue. But the issue is
one of requiring a 20-foot buffer within which the wall is located.
And where is that wall? And the wall is offset, ranging from 10
foot back to 20 foot, back out to 10 foot, back to 20 foot, within
which landscape plantings are to be located. I think when it's
complete, it will meet the residents' expectations. It's not at
that point yet. But we will go back and check the record to --
COMMISSIONER MAC'KIE: Bob, when do you expect it to be
complete? Because if in fact it's being built ahead of time before
it's required; is that what I'm hearing?
MR. MULHERE: No, no. The walls are being built as each
For
property owner comes through the development process.
example, Race Track, I have no clue.
COMMISSIONER MAC'KIE: Because they're not doing
MR. MULHERE: Nothing is happening.
COMMISSIONER MAC'KIE: -- anything there.
COMMISSIONER CARTER: Well, and what I see here is really
ugly. And I don't know what's going on here, but I don't like it.
And I can understand why they're concerned. It makes it very
difficult for the petitioner to come and say I'm going to do this,
when I just heard that we've been here before and things were
promised and they're not getting done. And I can understand
why they're upset.
COMMISSIONER MAC'KIE.' But I think, Commissioner, that
the point is that maybe they misunderstood. But the promise is,
when I build my gas station, I will also build you this beautiful
wall and I will landscape it. Not if you'll give me my PUD
approval I'll go out tomorrow and build the wall.
MR. MUI. HERE: That is correct. And that may be part of the
problem. Of course to construct it early would be a bit of a
challenge during the construction process. However, I'm more
than happy to go out and take a look at it and also look at the file
and see what was required and make sure we are consistent.
Page 52
March 14, 2000
We'll then report back to you.
CHAIRMAN CONSTANTINE: My only other worry, too, is -- I
appreciate the fact that you sat with folks and tried to come up
with what was in everybody's agreement. However, I'm -- we can
go back and look at the record, but I'm pretty sure we had some
specifics during the public hearings.
MR. MULHERE: Yes, there were.
CHAIRMAN CONSTANTINE: I happened to vote against the
Agnelli PUD and the Race Track and a number of those things.
But nonetheless, there were some very clear specifics in those.
If those aren't included in the PUD, I'm concerned. They should
be.
MR. MULHERE: There were specifics and graphics, too,
Commissioner Constantine, so --
CHAIRMAN CONSTANTINE: Also, I know there was one
single property owner who came back several months, possibly a
year after the first of those was approved, and he had some
different ideas and thoughts and different things should go on,
which is certainly his right. But when we had as much
participation as we did -- we had literally 40 or 50 of the
residents out at the initial hearings -- then one resident changing
his mind a year later didn't do me a whole lot of good.
So I hope these discussions we had were not after the fact
and did not change what a group in this room thought was being
written into the PUD.
MR. MULHERE: I don't believe that's the case. I will look
into it and report back to you. But I believe that what we have
applied is completely consistent with the board's direction, and I
was involved in several meetings.
CHAIRMAN CONSTANTINE: And there are -- none of those
projects out there are open yet, Race Track or otherwise.
Obviously none of them can be opened before the rest of this is
fulfilled: The walls are finished, the plantings are done and so
on,
MR. MULHERE: For each individual--
CHAIRMAN CONSTANTINE: They can't get a CO unless their
particular part is complete.
Page 53
March 14, 2000
MR. MULHERE: That's correct.
CHAIRMAN CONSTANTINE: Mr. Anderson, my primary
concern is noise. I think the other issues can be dealt with.
How do we deal with noise, how do we deal with hours of
operation, how do we deal with either baffling or -- it's a genuine
concern. I have -- this is -- of all the ones that have come here,
this is probably the least offensive, if you can get rid of that. I
didn't like the gas station and the convenience store and the fast
food and all those various things. If we can get rid of the noise
issue, I actually like this one, but the noise issue is a hurdle for
me.
MR. ANDERSON: Okay. Let me address at least three items:
Number one, service of the motorcycles will only occur in a fully
enclosed air conditioned building.
Number two, we would agree to limit the hours from 9:00 to
9:00.
Three, the Collier County Noise Ordinance is applicable to
protect the residential area.
CHAIRMAN CONSTANTINE: Sales from 9:00 to 9:00 or
service from 9:00 to 9:00?
MR. ANDERSON: Service, or sales.
COMMISSIONER MAC'KIE: Everything. But within -- service
is all within an enclosed space?
MR. ANDERSON: Yes, ma'am.
COMMISSIONER MAC'KIE: Does that mean with a roof and
walls?
MR. ANDERSON: Yes, yes, and air conditioned.
COMMISSIONER MAC'KIE: Okay. You know, I mean, we
have the noise ordinance. If it's not adequate, we need to look
at the noise ordinance, is my thought.
CHAIRMAN CONSTANTINE: Well, we are, actually.
COMMISSIONER MAC'KIE: Well, right. Then they'll have to
comply with whatever changes are made in the noise ordinance.
They won't be grandfathered in.
COMMISSIONER CARTER: Is there any reason why service
would continue to 9:00 p.m.? Could it be ceased at 7:00 p.m.?
CHAIRMAN CONSTANTINE: I mean, I think -- and same
Page 54
March 14, 2000
question. Because if I go to the Dodge dealership to have my car
worked on, they're not working on it at 8:00 at night. They
button up at 4:30 or 5:00 there. And that's the same of pretty
much any car dealership.
MR. ANDERSON: The only reason I know of to -- well,
primary reason to keep the flexibility to be open to 9:00 is to
take care of perhaps the doctor clients who want to drop their
motorcycles off after work.
COMMISSIONER CARTER: How many doctors are going to
drop it off after work? Come on, Bruce.
COMMISSIONER BERRY: You might be surprised.
COMMISSIONER NORRIS: You might be very surprised.
COMMISSIONER MAC'KIE: Yeah.
CHAIRMAN CONSTANTINE: Is there a difference between
intake and actual maintenance? I can drop my car at the Dodge
dealership at 7:00 at night. They don't work on it at 7:00 at
night. Is there a difference between accepting vehicles, be open
for sales, be open for intake --
COMMISSIONER MAC'KIE.' 7:00 to 7:00.
CHAIRMAN CONSTANTINE: I mean, God bless them if they
want to provide service and they don't make the noise. But I
haven't reached that conclusion yet.
MR. ANDERSON: We'll limit the service from 9:00 to 7:00.
CHAIRMAN CONSTANTINE: Other questions?
COMMISSIONER NORRIS: No. Close the public hearing.
CHAIRMAN CONSTANTINE: We'll close the public hearing.
MR. BARTIS: May I address you, as far as that paper that
was handed to you?
COMMISSIONER BERRY: No.
CHAIRMAN CONSTANTINE: No. And my apologies, but the
way public input is, you get five minutes. It's not a give and take
ongoing debate. You had an opportunity to --
MR. BARTIS: Well, I wanted to clarify why that was handed
to you. As Mr. Anderson was given the time to --
CHAIRMAN CONSTANTINE: I apologize, but Mr. Anderson is
the petitioner here trying to get something passed. There's an
opportunity for the public; there's a five-minute opening there,
Page 55
March 14, 2000
but you don't have the opportunity to come back and debate the
issue. That isn't how the program works here.
MR. BARTIS: It's a matter of information, not of --
CHAIRMAN CONSTANTINE: I'm telling you, you don't have
that opportunity. I appreciate your wanting to, but that's not the
way our meetings work.
COMMISSIONER NORRIS:
a customer of this dealership.
on this item?
I have been and probably still am
Does that prohibit me from voting
MR. WEIGEL: A customer of the dealership at its present
location. I would suggest that --
COMMISSIONER MAC'KIE: I mean, I sometimes buy Diet
Coke at a 7-Eleven, but surely that doesn't mean I can't vote on a
7-Eleven petition.
COMMISSIONER NORRIS: I did buy a motorcycle from them,
but it's been over a year.
CHAIRMAN CONSTANTINE: You paid them, didn't you?
They didn't pay you?
COMMISSIONER NORRIS: I paid them.
MR. WEIGEL.' I guess -- I appreciate your question. It's very
good. And maybe a couple of questions of information may be in
order.
Do you have a continuing business relationship with them --
COMMISSIONER NORRIS: No.
MR. WEIGEL: -- whether it's warranty or other words? You
do not?
COMMISSIONER NORRIS: No.
MR. WEIGEL: Is there any other business or service or
private technician, mechanic that might provide the service that
this organization does for you in the future? COMMISSIONER NORRIS: Certainly.
MR. WEIGEL: I don't believe that you have a conflict,
basically.
COMMISSIONER NORRIS: Okay, thank you.
MR. WEIGEL: Thank you.
CHAIRMAN CONSTANTINE: What's the pleasure of the
board?
Page 56
March 14, 2000
COMMISSIONER NORRIS: Motion to approve, with the
stipulations that have been vocalized here today by the
petitioner.
COMMISSIONER BERRY: I'll second this. But the only
question that I still have is why is a portion of that wall up if the
businesses aren't there? I just --
CHAIRMAN CONSTANTINE: The busi -- my impression from
driving by there, those businesses are under construction.
They're moving sand around. Some of them even have some
structural things up. I think it's part of their overall construction
project is they have started the wall. Clearly they haven't
finished it. If Ellie's saying at least one portion of that's been
there the better part of a year, then I don't understand that at all.
COMMISSIONER BERRY: That just didn't make sense to me.
MS. MURRAY: I'm sorry, I didn't get a chance to look at the
pictures, so I'm just going to assume you're talking perhaps
about Race Track. But all of the developments are required to
construct the wall as part of their SDP approval process --
COMMISSIONER MAC'KIE: But they shouldn't be able to put
up concrete block and leave it sitting there blank for a year.
MS. MURRAY: Correct. Then it leads me to believe it's just
unfinished, like similar to the rest of the project out there.
COMMISSIONER BERRY: I think in the future --
COMMISSIONER MAC'KIE: Yeah, but the point is --
COMMISSIONER BERRY: Well, I think in the future that
when boards deal with this issue, that there ought to be a
finishing technique somehow as part of it. Just throwing up
concrete block, I'm sorry, it's ugly. MS. MURRAY: I may be mis --
COMMISSIONER BERRY: But that's one of my big problems
with walls anyway. I have some real concern about them
anyway. Because it's hard to keep them up and make them look
nice.
CHAIRMAN CONSTANTINE: And I don't believe this is the
finished product. I just think it's --
COMMISSIONER BERRY: No, I don't think so.
CHAIRMAN CONSTANTINE: -- too bad they have it there in
Page 57
March 14, 2000
the meantime.
COMMISSIONER BERRY: That's my whole problem. They've
been forced to look at it for over a year. And there's something
that's not making a lot of sense here.
MR. MULHERE: Well, I can shed a little bit of light on the
issue. The construction process -- I'm not the building director,
but I have some knowledge of that process.
Once you pull a building permit and you make some
improvements, that permit is good for one year. But if you ask
for inspection, even if you fail an inspection, you have an
additional six months, which may seem like a long time, but it's
not really a very long time in the construction process,
necessarily. That's 18 months.
Once a project has been abandoned, or the time frame for
which a building permit is valid expires, then we do have some
options. However, that is also a difficult process to try to cause
an entity which may not even exist or may be in bankruptcy or
may have other legal problems. But we do have some options;
one of which is that the county can try to resolve those issues.
CHAIRMAN CONSTANTINE: Case in point, Embassy Woods,
now Glen Eagle Clubhouse, they left unfinished for a couple of
years and we went in with a stick and made them finish it.
COMMISSIONER CARTER: Well, what would prohibit us from
this type of process of making them putting in those walls first,
do the landscaping along it, protect your neighborhood and then
do the rest of your construction?
COMMISSIONER NORRIS: Mr. Chairman, may I point out that
we're really talking about other than the item at hand? Perhaps
that's a good subject for the staff to come back and give us a
report on in a couple of weeks.
CHAIRMAN CONSTANTINE: Fair enough. We have a motion
and a second.
Further discussion on the item before us?
COMMISSIONER CARTER: Well, I would like to see them put
in that wall and landscaping as a first part of that project to
protect this particular situation. And I agree with Commissioner
Norris, we ought to look at that whole process in another
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March 14, 2000
meeting. But is there any reason why they can't do that wall and
buffering and everything up front?
COMMISSIONER BERRY: At least finish it on the side that's
visible to the neighbors.
COMMISSIONER MAC'KIE: Right.
COMMISSIONER CARTER: Right, so they don't have to look
at that.
COMMISSIONER BERRY: Then the other side, because they
may run into it and chip paint and do everything else. But finish
it on the side that's closest to the neighborhood.
MR. OLLIFF: And Susan, correct me if I'm wrong, but I think
the intent here is not an unfinished block wall, but we're talking
about a stucco finished architecturally enhanced type block
wall?
MS. MURRAY: That's correct. This is actually part of the
Naples Gateway PUD document that was originally approved,
showing the architecturally finished wall --
CHAIRMAN CONSTANTINE: Commissioner Norris, you want
to amend your motion to include that?
COMMISSIONER NORRIS: The petitioner I'm sure doesn't
have any objection to that, so I'll amend my motion to include
that.
COMMISSIONER BERRY: I'll second.
CHAIRMAN CONSTANTINE: Commissioner Berry, second.
Further discussion?
I'll tell you what I have proposed. I think every single one of
these out here -- I'm not going to on this one, only because I
think they've addressed better than the other issues. I don't
think the water contamination issue is an issue here the way it
was at the fuel stations and so on. And I think if they -- and the
PUD is apparently going to have enclosed air conditioning. If
they stay inside, I don't have any problem with the maintenance,
as long as those garage doors aren't open. So this will be the
first of I think five that have been up there that I think I've
actually supported.
All those in favor, please state aye.
Anybody opposed?
Page 59
March 14, 2000
(No response.)
CHAIRMAN CONSTANTINE: Motion carries 5-0.
We're going to take a five-minute break for the court
reporter.
(Recess.)
Item #12B2
ORDINANCE 2000-15 RE PETITION PUD-92-04(1), RICHARD
YOVANOVICH OF GOODLETTE, COLEMAN & JOHNSON,
REPRESENTING BONITA BAY PROPERTIES, INC., REQUESTING
AN AMENDMENT TO THE GOLDEN GATE HEALTH PARK PUD
HAVING THE EFFECT OF CHANGING THE NAME TO GOLDEN
GATE COMMERCIAL PARK FOR PROPERTY ON THE NORTHWEST
CORNER OF C.R. 951 AND ACCESS ROAD #2 - ADOPTED
CHAIRMAN CONSTANTINE: Hi, we're back. That takes us to
12(B)(2), Petition PUD-92-04(1). Rich Yovanovich, of
Goodlette-Coleman, Bonita Bay Properties, property in Golden
Gate.
Everybody who's going to participate in this in any way,
shape or manner, if you'd be so kind as to stand and be sworn.
(All speakers were duly sworn.}
CHAIRMAN CONSTANTINE: Before we start that, Mr. Olliff
has an announcement.
MR. OLLIFF: If I could, thank you, Mr. Chairman. I just
wanted to take five seconds and let him go back to work. But I
did want to introduce to you Mr. Peter Kraley, who I've appointed
as the interim public services administrator. And I just wanted
you to put a name with a face, for those of you who aren't
familiar. And if you do have questions in regards to that division,
don't hesitate to give Mr. Kraley a call. COMMISSIONER MAC'KIE: Good.
MR. OLLIFF: I guess that's part of the sworn testimony now.
CHAIRMAN CONSTANTINE: Congratulations. Thanks, Peter.
COMMISSIONER MAC'KIE: Congratulations.
CHAIRMAN CONSTANTINE: Anything you need to throw in
Page 60
March 14, 2000
or --
MR. KRALEY: No, sir.
CHAIRMAN CONSTANTINE: Fair enough.
Before we spend a whole lot of time and effort, this is the
one we heard a couple of weeks ago, was continued at
petitioner's request. Best I can tell, they've met every request
we made of them a couple weeks ago, including lowering the
density back down to seven units an acre. So we can go through
it all again --
COMMISSIONER MAC'KIE: I make a motion to approve.
COMMISSIONER BERRY: Second it.
CHAIRMAN CONSTANTINE: Or we'll close the public hearing
and you could --
MR. BELLOWS: I'd just like to point out that our county
administrator had a question about pedestrian access through
the park, through the community. Section 7.1.B provides that
language.
MR. OLLIFF: Thank you.
CHAIRMAN CONSTANTINE: Great, I will close the public
hearing.
COMMISSIONER MAC'KIE: Motion to approve.
COMMISSIONER BERRY: Second it.
CHAIRMAN CONSTANTINE: Motion and a second.
All those in favor of the motion, please state aye.
Anybody opposed?
(No response.}
CHAIRMAN CONSTANTINE: Motion is 5-0. Thank you.
Excellent presentation, Mr. Yovanovich.
Item #12B3
ORDINANCE 2000-16 RE PETITION PUD 98-20, WILLIAM L.
HOOVER, AICP, REPRESENTING GULF SUN CORPORATION,
REQUESTING A REZONE FROM "A" TO "PUD" TO BE KNOWN AS
WHIPPOORWILL LAKES PUD ON PROPERTY 1/4 MILE SOUTH OF
PINE RIDGE ROAD ON WHIPPOORWILL LANE - ADOPTED
Page 61
March 14, 2000
12(B)(3), Petition PUD-98-20. Bill Hoover, representing Gulf
Sun Corporation.
Again, anybody's who's going to participate, please stand to
be sworn.
(All speakers were duly sworn.)
CHAIRMAN CONSTANTINE: Compliments on your necktie,
by the way.
COMMISSIONER MAC'KIE.' This might be another one that
we've talked to death, and it's -- and everybody has made all of
the concessions that we have requested, no matter how creative
we got.
I just wanted to take a second to commend these -- the
people who have worked on all of these Whippoorwill PUD's,
because they have created what I hope will be a model for the
future for these kinds of circumstances.
Where we have a giant developer that comes in with a DRI,
we don't have to get this creative. But when we have smaller
parcels, then we're going to see more of this.
Staff did a great job in raising the issues, but I want to
commend the developers for cooperating with us as we kind of
created a model for hopefully how to solve this problem in the
future.
CHAIRMAN CONSTANTINE: Because there have been a
number of different pieces up there and we've had these back
and forth a couple of times, why don't we at least get the
Reader's Digest summary version of where we're at now.
MR. MURRAY: I will. This is a parcel --
CHAIRMAN CONSTANTINE: For the record?
MR. MURRAY: Okay, for the record, I'm Don Murray,
principal planner.
This is a 77-acre parcel that's located just south of Pine
Ridge Road along Whippoorwill Lane, a local road. The PUD
proposes 518 dwelling units with an overall density of 6.74 units
per acre.
As we stated before, the PUD in itself is not inconsistent
with the Growth Management Plan, but when you consider
several PUD's that are being proposed in the area, there could be
Page 62
March 14, 2000
some impacts related to traffic and drainage in this area. And
with that, I -- we are recommending approval of PUD-98-20, with
stipulations.
CHAIRMAN CONSTANTINE: Questions for staff?
COMMISSIONER CARTER: My only concern -- my only
concern of all, and there will be several here, because it will fill
that whole block. And we have put all the safeguards in. I still
want to raise the question, will we have the ability to withhold
building permits if Livingston and Pine Ridge Road aren't brought
up to accommodate the traffic? That's my only concern.
COMMISSIONER BERRY: That's an issue I raised, Mr. Carter,
before. And I will tell that you working with these gentlemen,
there's pretty much an agreement that I think things are going to
be in place. We looked at time tables, but I think that would be
best to get it on the record from our Planning Department.
COMMISSIONER CARTER: Right.
COMMISSIONER BERRY: But from best I could determine,
things are going to be pretty much in place.
COMMISSIONER CARTER: Well, I share the same conclusion
with you, Commissioner Berry. But like you, I would like it on the
record so that we all are in concert with this, so that we don't
later on hear that, well, we've got a failure because we
over-developed an area.
MR. NINO: Ron Nino, for the record.
As you've been told time and again, this petition -- these
petitions technically are consistent with the Growth
Management Plan. However, we know that there are roads out
there that are operating at unsatisfactory levels of service.
The timetable for improvements to those road segments
would correct the deficiency if more than 500 units did not come
on stream prior to those improvements being completed.
Now, the realities of the marketplace, I suggest to you, to
some extent give us some level of assurance that with Pine
Ridge coming on stream within the next -- 18 months, Ed? MR. KANT: You want me to address that?
MR. NINO: Yeah, why don't you address that timetable.
MR. KANT: Edward Kant, transportation services director.
Page 63
March 14, 2000
Pine Ridge Road and Goodlette and Livingston Road will
both, according to our present timetable, be under construction
sometime between now and the end of the year; the end of the
year being more likely.
The petitioners are also -- well, I shouldn't say these
petitioners, but some petitioner in that area has also made a
representation to construct the first phase of Whippoorwill Lane.
We also have a proposal from that same engineer for the second
phase, which is the so-called east-west portion of that, and we're
working with the public works engineering department and the
purchasing department to try to bring that to fruition so we can
get that designed and get that all built as one roadway.
That timetable, given the realities of today's marketplace,
should enable that roadway system to be in place at or about the
same time they're going to sales mode, because they've got a
significant amount of work to do down there to prepare that land.
So I can't stand here and give you any assurances except to
say that we are putting it together so that we will minimize the
opportunities for any failures.
CHAIRMAN CONSTANTINE: Getting back to this specific
petition, if we could. Does the petitioner have anything he wants
to get on the record here?
MR. NINO: In any event, we --
CHAIRMAN CONSTANTINE: Mr. Nino?
MR. NINO: -- have a 500-unit window.
CHAIRMAN CONSTANTINE: Does the petitioner have
anything he'd like to get on the record here?
MR. PIRES: Just briefly, Anthony Pires, for the record,
representing the petitioner.
First of all, we apologize to staff and the board. The board,
you know, adopted and embraced the idea informally, the
concept area-wide analysis of this particular project, where this
particular project is located, as well as the other projects that
will be coming shortly before this board.
And your staff has furthered those goals and policies by
virtue of some of the stipulations that are in the document to
make sure that it's achieved, as far as the area-wide analysis,
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March 14, 2000
the area-wide provision of the infrastructure.
And I think under the current timetable, as indicated by Mr.
Kant, and from my understanding from talking with my client, is
that the units will not be coming on line from a market
standpoint until around the same time these roadway segments
are improved. That's one of those -- there are vagaries and
variables with that, but that's how it's forecast at the present
time.
We have worked with the staff. They've been working
diligently on your behalf and on the public's behalf in order to get
the necessary infrastructure in place by the time the impacts are
out there. We have some revisions that have been talked about
because of some technical aspects of the other codes. I think
Mr. Nino may reference that, that there needs to be some slight
wording of some of the stipulations to make them consistent
with your impact fee ordinance and to formulate language in that
regard.
Any other questions that you may have of the petitioner or
Mr. Hoover?
CHAIRMAN CONSTANTINE: Commissioner Norris?
COMMISSIONER NORRIS: Well, I believe that I understood
Commissioner Carter's question to be, do we have the ability to
limit construction in the case that those roadways are not in
place? And I don't believe we've adequately answered that
particular question yet.
MR. PIRES: There is not contained within the document.
And the language with regards to, you know, definitive time
frames for phasing or for when the roadway segments will be
built, however, what we understand from the current
construction schedule is that by December 1st, 2001, Livingston
Road will be completed to Pine Ridge Road, or forecast to be
completed, and Pine Ridge Road will be widened to six lanes.
And the time frame for the developer to initiate the process
for site development plan approval, building permit application,
land clearing activity, and which will also include the
construction of Whippoorwill Lane north-south and east-west in
such that those converge -- more than likely converge.
Page 65 ,
March 14, 2000
There is also another developer south, a previously
approved PUD, who may have the initiative or the incentive to go
ahead and begin building some of these improvements for
Whippoorwill Lane earlier. That's embodied in this concept. I
can't talk to that person, but his representative is here, if he
wishes to address the board.
That's what we believe will then achieve the goals of this
board.
COMMISSIONER NORRIS: That was great, Tony, but can you
answer the original question?
MR. PIRES: There is not language in here, and we don't
believe it would be appropriate to put language in there saying
that we cannot pull building permits. We think that the
mechanisms in place will provide those assurances to the board
and do provide those assurance.
COMMISSIONER NORRIS: Okay. So the answer is no.
MR. NINO: Mr. Chairman, if I --
COMMISSIONER CARTER: The answer is no, is what I'm
hearing. And I'm going to ask the county attorney if -- if for some
reason those improvements don't take place, do we have,
through what I understand is the area of significant influence, a
way to stop building permits until it's in place?
MR. WEIGEL: Yes, you do. It wouldn't affect just this
particular petition, an area that's before you right now, but it
would be upon a foundation of, as you state, an area of influence;
in effect, putting a moratorium in place on building permits for all
of the potential developments, approved developments within
that area of influence, whether they're approved at this point and
forward or previously approved but just not built. Because the
impact from building permits and CO's are the same, whether
they're being approved today or previously approved and not
constructed.
COMMISSIONER CARTER: That's right. And I'm not singling
out just one petitioner, because we're going to hear about three
more, if I count these right, that affect this whole area this
morning. And I just want -- I want the safeguard that if the other
doesn't take place, that we have an opportunity to stop it until
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March ~4, 2000
it's in place.
COMMISSIONER MAC'KIE: Could I comment on that, that my
proposal at our traffic workshop, that we somehow ration
building permits in areas where roads have either -- have failed
or are about to fail would address that, and it would address it on
a county-wide basis, instead of picking on, forgive me, but a
particular whoever happens to be here this week.
Because the problem of Pine Ridge Road is not just these
four or five developments. It's a huge problem. And if we're
going to limit building permits until Pine Ridge Road is brought
up to snuff, then it needs to be an affair basis by some kind of a
rationing system based on the area of influence. That's the way I
would propose again that we handle it, rather than case by case,
because it's fair.
COMMISSIONER CARTER: Well, I don't have any problem
with that, Commissioner Mac'Kie, as long as I have some
assurance this morning that we're going to go down that path
and have a commitment from this board that we have that
flexibility, in case that happens. And I don't want to single out
any petitioner or any situation, I just want to make sure that
we're protecting ourselves.
MR. MULHERE: May I add for the record -- Bob Mulhere,
planning director -- that we've looked in an exploratory fashion
the implications of declaring a moratorium due to deficiency in
that area, and if that was as a result of the deficiency on an
arterial roadway, it likely would impact pretty much all of North
Naples, which is correct with respect to what Commissioner
Mac'Kie mentioned.
The other alternative that we are working with the County
Attorney's Office is to develop a more specific response to
phasing or quotas. And of course we'll be returning with that.
But you do, you clearly do have the ability at that time to
stop or limit development.
COMMISSIONER CARTER: Okay, thank you.
CHAIRMAN CONSTANTINE: Other questions?
MR. NINO.' Mr. Chairman, I need to get on the record, the
stipulations that we've been crafting the last past year have
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March 14, 2000
been a moving target, for all intents and purposes. There have
been changes right up until the last moment. And we have some
concern expressed on the part of the county attorney that some
wordsmithing needs to be done to make sure that when we deal
with rebates or credits towards impact fees, that we do them in
a manner consistent with the Impact Fee Ordinance. That
language is not specifically provided in here.
Likewise, with -- if we attempt to make an assessment -- for
example in the water management area, we said that we would
pro rata share costs that have area-wide significance -- we need
to do that in a specific manner, and we haven't addressed that
specifically in the draft that you have before you. So we'd like
you to know that there will be some wordsmithing to accomplish
those objectives.
CHAIRMAN CONSTANTINE: Any speakers?
MR. OLLIFF: You have two speakers. First is Rich
Yovanovich, followed by Dominique Rihs.
MR. YOVANOVICH: For the record, Rich Yovanovich.
Mr. Pires referred to me indirectly as the representative of
the one approved project out there. I just want to say that -- I
want to thank staff, and I want you to know that the property
owners in this area are working together to accomplish both the
transportation issues, the utilities issues and the water
management issues. And I believe you've given adequate
direction on how you want that accomplished, and we will be
working in the next couple of days to tinker with the language.
But one thing we do need from the Board of County
Commissioners is a commitment from the board to help us
acquire whatever right-of-way is voluntarily given through the
zoning process. And I would just like the board to keep that in
mind. There will be a few slivers that will need to be acquired.
And if you could direct your staff to go forward and acquire that,
I would appreciate that.
And also, if you would include in all the PUD's, and including
the Whippoorwill Pines PUD, so I don't have to come up here, a
requirement that they dedicate the right-of-way for Whippoorwill
Lane at the earlier of the board requesting it or their
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March 14, 2000
construction plans, so that it moves forward in an orderly
process, and the board controls when Whippoorwill Lane is
actually constructed.
And because we are out there ready to start solving part of
the Whippoorwill Lane issue, we have spoken to Mr. Kant about
the north-south segment, and he is going to take care of the
east-west. So at least Whippoorwill Lane will be moving along
with the help of the property owners in the area. Thank you.
MR. KANT: Edward Kant, transportation services director.
I just wanted to comment to Mr. Yovanovich's concerns. It's
my understanding that those issues are being dealt with with
each of the individual property owners, and the county is actively
pursuing that right-of-way as we speak.
COMMISSIONER MAC'KIE: Using the quick take, all of the
fastest methods possible.
MR. KANT: Well, in this case, as far as I know, we have
willing sellers, so I'm hoping that we won't even have to go to
court with any of this stuff.
COMMISSIONER MAC'KIE: But in the event, it will obviously
be do a quick take.
MS. RIHS: Good morning, Board of Commissioners. My
name is Dominique Rihs. I am trustee and attorney for Arlington
Lakes, which is also in Section 18. And I just wanted to join both
the petitioner in letting you know that we are in agreement
working together as developers. We would like to see this
language go through, and we really commend the staff and legal,
especially, that they're trying to get this language very exact.
Because I do think that they've got the foresight, knowing that
you're going to see this again and again, you're going to go hear
the language again and again. And I hope that this will be a
model for the entire Section 18 so that we will achieve what
we're wanting, which is agreement to have the best thing happen
as far as traffic and drainage. Thank you.
MR. OLLIFF.' That's all your speakers.
CHAIRMAN CONSTANTINE: Close the public hearing.
COMMISSIONER BERRY: Motion to approve.
COMMISSIONER CARTER: Second.
Page 69
March 14, 2000
CHAIRMAN CONSTANTINE: Motion and a second.
Discussion?
Seeing none, all those in favor of the motion, state aye.
Anybody opposed?
(No response.)
CHAIRMAN CONSTANTINE: Motion carries 5-0.
Thank you.
Item #12B5
ORDINANCE 2000-17 RE PETITION PUD-99-16, KEVIN
MCVICKER, P.E., PHOENIX PLANNING AND ENGINEERING, INC.,
REPRESENTING GULF SUN CORPORATION, REQUESTING A
REZONE FROM "A" TO "PUD" TO BE KNOWN AS WHIPPOORWILL
PINES PUD LOCATED 1/2 MILE SOUTH OF PINE RIDGE ROAD ON
WHIPPOORWILL LANE - ADOPTED
Takes us to 12(B)(5), Petition PUD-99-16. Kevin McVicker.
Mr. Murray.
MR. MURRAY: Yes.
CHAIRMAN CONSTANTINE: Everybody needs to be sworn on
this one.
Anybody who's going to participate, kindly stand and be
sworn.
(All speakers were duly sworn.)
MS. MURRAY: Good morning, again. For the record, I'm Don
Murray, principal planner with planning services.
This project is just south of the Whippoorwill Woods --
excuse me, Whippoorwill Lakes project that we just had in
hearing, and it's south of Pine Ridge Road.
COMMISSIONER MAC'KIE: Isn't this basically, we've
discussed it, same sort of story? We don't need to hear this one,
having just -- I mean, all of the stipulations that were
incorporated in the previous motion are available to us here, and
based on that, I'm going to support it and don't need to hear--
MS. MURRAY: I just wanted to state that we found it
consistent with Growth Management Plan and we are
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March 14, 2000
recommending approval.
COMMISSIONER MAC'KIE: Unless somebody else wants to
hear the whole thing.
CHAIRMAN CONSTANTINE: Kevin, you want to get anything
on the record?
MR. McVICKER: Not if it's not necessary.
CHAIRMAN CONSTANTINE: Good call.
Any speakers on this?
MR. OLLIFF: No.
CHAIRMAN CONSTANTINE: We'll close the public hearing.
COMMISSIONER MAC'KIE: Motion to approve.
COMMISSIONER BERRY: Second it.
CHAIRMAN CONSTANTINE: Motion and a second.
Any discussion? Seeing none, all those in favor, please
state aye.
(Unanimous vote of ayes.)
CHAIRMAN CONSTANTINE: Motion carries 5-0. Thank you
for a great presentation.
Item #12C1
RESOLUTION 2000-82 MAKING A FINDING OF NECESSITY FOR
THE BLIGHTED AREAS OF BAYSHORE/GATEWAY TRIANGLE AND
IMMOKALEE AND RESOLUTION 2000-83 ESTABLISHING THE
COLLIER COUNTY REDEVELOPMENT AGENCY - ADOPTED
12(C)(1), recommendation of the Board of County
Commissioners, approve a recommendation making a finding of
necessity for the blighted areas of Bayshore/Gateway Triangle.
MS. PRESTON: Good morning. For the record, Debrah
Preston, with your comprehensive planning staff.
COMMISSIONER MAC'KIE: Unless anybody has questions on
this, it also could be something that could go quickly, because I
don't think there's been any question about what the outcome
should be.
MS. PRESTON: We would like to mention that it was
recommended by our legal counsel that it's important to put the
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March 14, 2000
findings on the record today, just in case in the future there's
some type of challenge to the findings. I'd make a very brief
presentation. The--
CHAIRMAN CONSTANTINE: We can do that in writing, can't
we, Mr. Weigel?
COMMISSIONER MAC'KIE: Certainly.
CHAIRMAN CONSTANTINE: We don't need that verbally.
MR. WEIGEL: Well, you can make it in writing. Is there -- I
would ask Ms. Preston and Mr. Cardwell if there's anything not
already in the written record that they need to orally place on the
record.
MS. PRESTON: And I will refer to David Cardwell, if that's all
right, our legal counsel on this issue.
COMMISSIONER BERRY: Can I just ask you a question, Mr.
Chairman?
CHAIRMAN CONSTANTINE: Certainly.
COMMISSIONER BERRY: This is just the creation of the
agency, okay, but when you have a CRA, does this mean like
what they had on Fifth Avenue? This is the same thing?
COMMISSIONER MAC'KIE: Yes, ma'am.
COMMISSIONER BERRY: Okay, that's all. Thank you.
MR. CARDWELL: Good morning, David Cardwell, serving as
your special counsel on redevelopment matters.
On the question of having things verbally in the record, there
are some minimal things we do need to have verbally on the
record referring to the written report that you have, and that is
because of experience in some other jurisdictions in the state.
It's not in the statute, but it's a result of some situations that
have arisen.
So if you could be patient, it will take just a very few
moments. But we do need to show there are some particular
things in the record presented to you today.
MS. PRESTON: With that, I'll proceed with a very brief
presentation with the findings of blight. Before I do that, though,
I'd like to make one correction in your executive summary on
Page 2 under the fiscal impact. It was mistakenly written that
Immokalee would generate $121,000 in increment in that first
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March 14, 2000
year. And the actual number should have been 27,098. And the
total increment was 121,883 for the county as a whole.
The first area that I'll go through is the Bayshore/Gateway
area. On the monitor is the map of the entire proposed boundary
for that area. In the findings of necessity, there are certain
criteria that you have to meet. And in our first criteria is the
predominance of defective or inadequate street layout. In the
Bayshore/Gateway area, we find there are problems within
adequate street layout and design, commercial parking
problems, lack of street lights along major arterials and most
local streets, lack of sidewalks and lake of neighborhood
connections.
Due to the widening of U.S. 41 and Davis Boulevard, many of
the commercial properties that abut these streets are
inadequate to handle on-site parking, as well as that they are
inadequate in the cars, the relationship to size, adequacy,
accessibility and usefulness.
The majority of the land along these corridors are zoned
commercial C-4 and heavy commercial C-5. The lots accessed
off U.S. 41 and Davis Boulevard have been reduced in size as a
result of the road widening projects.
The interior lots in the Gateway Triangle also are
inadequate to meet current standards. The majority of the
buildings are located on or near the lot line with no buffer. These
faulty lot layouts have hindered commercial development and
result in little reinvestment in the area. Residential areas are
also restricted by inadequate lot sizes and lack of
interconnection and poor drainage.
Under the third criteria, unsanitary and unsafe conditions.
According to the 1990 census, there are a number of households
in the Bayshore/Gateway Triangle that lack complete plumbing,
which was slightly higher than the number of the county as a
whole. And there is a greater degree of overcrowding per
occupied housing unit in the area.
There was approximately 153 structures that were identified
as fair or poor in our field survey, and those housing units are in
need of rehab or replacement.
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March 14, 2000
Because of severe code violations, there were two unsafe
structures identified in the area.
The fourth criteria was the deterioration of site and other
improvements. Surface water management problems are
present in the entire Bayshore/Gateway study area. These
problems include localized flooding and direct discharge of
stormwater runoff into the Naples Bay. Lack of appropriate
stormwater systems have hindered both residential and
commercial development into the area.
Under housing affordability, there are opportunities for
obtaining affordable housing in the Bayshore/Gateway Triangle
area. However, there is a trend that's showing that that
affordability is tending to get replaced by a more expensive
housing and land acquisition and rental prices.
That concludes my presentation on the Bayshore/Gateway
area, and I'll move on to the Immokalee area.
This is the boundary for the Immokalee redevelopment area,
which mirrors your Immokalee master plan urban boundary area.
The problems that are found there under Criteria 1, which
include inadequate street layout and design; lack of shoulders
and guardrails along street adjacent to deep and wide drainage
swales; poor access to commercial and industrial areas; few
sidewalks available for predominately pedestrian population; and
a general lack of neighborhood connections to each other.
The specific streets are identified and described in the
written report that was presented to you today with your
executive summary.
The Immokalee Regional Airport and industrial park lacks
adequate water and sewer service and stormwater management
facilities to sufficiently handle projected future development.
Under the second criteria of faulty lot layout in relation to
size and accessibility, again, the majority of the commercial lots
that are zoned commercial C-4 and C-5 have existing buildings in
the south Immokalee area that are frequently nonconforming
with regards to minimum lot width, size, setbacks and buffers.
In the south Immokalee area, over 50 percent of the platted
lots are nonconforming. The majority of these lots are zoned C-4
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March 14, 2000
and RMF-6, and the majority of the mobile home parks in the
Immokalee community were developed in the 1960's and
Seventies and do not meet the minimum standards and permitted
density.
It is common in the Immokalee area to have intense
commercial uses located adjacent to residential uses without
adequate buffering between the uses.
Under the third criteria, unsanitary or unsafe conditions, the
lack of complete plumbing and overcrowding conditions are
slightly higher than in the county as a whole area. And due to
severe code violations, there were 19 reported unsafe structures
with four unsecured buildings in the Immokalee area reported
from 1998 to February of 2000.
There are many open swales present in the south
Immokalee area that accumulate stagnant water and trash. The
Immokalee water and sewer district covers approximately 27
square miles in most of the urban area of Immokalee; however,
the geographic area served by the district is considerably
smaller.
Additional treatment plants and distribution lines will be
needed to serve the entire community. The Immokalee water
and sewer district is under consent order from the Department of
Environmental Protection, due to insufficient handling of their
effluent.
The spray fields are inadequate.
There are separate collection systems that were permitted
prior to the creation of the district. Those systems need to be
upgraded. An example is the Baker Street area, which has
reported three failures since 1997, where raw sewage was
deposited on the ground.
Under criteria four, deterioration of site and other
improvements. Surface water management problems are
present within the entire Immokalee study area. These problems
include localized flooding in the neighbors in the northeast
section of the study area. Many local roads in the study area are
poorly drained and experience flooding.
Under housing affordability, there is a need for more
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March 14, 2000
affordable and decent housing in Immokalee area. Majority of
the people found in the 1997 Immokalee Housing Study Report 36
percent of the households with the mortgage and 40 percent of
the renter occupied households pay more than 35 percent of
their income for housing.
That concludes my mind finding of blight for the Immokalee
area. If you have any questions regarding those findings, I'd be
happy to answer them at this time.
We also have some pictures for the record.
CHAIRMAN CONSTANTINE: Questions for Ms. Preston.
We'll gladly accept the photos.
COMMISSIONER BERRY: Public speakers?
CHAIRMAN CONSTANTINE: Public speakers?
MR. OLLIFF: No, sir.
COMMISSIONER MAC'KIE: Motion to approve staff
recommendation.
COMMISSIONER CARTER: Second.
CHAIRMAN CONSTANTINE: Motion and a second.
Discussion? Seeing none, all those in favor of the motion, please
state aye.
(Unanimous vote of ayes.)
CHAIRMAN CONSTANTINE: Motion carries 5-0.
MS. PRESTON: Thank you.
CHAIRMAN CONSTANTINE: Thank you.
Item #13A2
RESOLUTION 2000-84 RE PETITION V-99-21, DAVID E. BRYANT
REPRESENTING ALFRED LUCKERBAUER, REQUESTING A 7.5
FOOT VARIANCE TO THE REQUIRED t5 FOOT SIDE SETBACK
FOR DOCKING FACILITIES TO 7.5 FEET FOR PROPERTY
LOCATED AT 9 PELICAN STREET EAST, ISLES OF CAPRI -
ADOPTED
Takes us to 13(A)(2). This item was continued, blah, blah,
blah. Petition V-99-21. Seven and a half foot variance on a dock.
Oh, this requires people to be sworn in as well. Thank you.
Page 76
March 14, 2000
Anybody who's going to go participate in this, if you'd stand and
prepare to be sworn. And go ahead. (Speakers were duly sworn.)
MR. GOCHENAUR: Good morning, commissioners. For the
record, Ross Gochenaur, planning services.
The petitioner is requesting a variance from the 7.5-foot side
setback for docking facilities to create a docking facility within
the limits of the 100-foot extension approved by the Collier
County Planning Commission on the 6th of January. The
Planning Commission also recommended approval of this
variance.
Staff recommended denial of the petition, since the
petitioner did not submit an accurate drawing of the facility,
showing that it would not interfere with the dock on adjacent
lock 39.
It believe Mr. Bryant, the petitioner's agent, has reached an
agreement with the neighbors' attorney on this matter. And I
think it would probably be best if he explained to you the nature
of this agreement.
MR. BRYANT: May it please the board. Good morning, Mr.
chairman, commissioners. David Bryant, for the petitioner.
Mr. Gochenaur is totally correct, we have reached an
agreement with the property owner. There was only one
complainant. He was concerned about being able to navigate his
sailboat into his slip.
Prior to the commission meeting we reached an agreement,
signed off on that agreement, and our total agreement with what
the landowner just south of Mr. Luchenbacher's property
requested.
Today we're only here on the variance because of the fact
that our property just exceeds the 60-foot limit where you have
to -- it kicks into the 15-foot variance by six inches. If my client's
property had been 59.9 inches or 10 inches, we wouldn't even
have to bother you with this matter.
But we respectfully request this variance so that he could
dock his boat. Nobody has complained about it. We believe it's
acceptable to everyone in the area.
Page 77
March 14, 2000
CHAIRMAN CONSTANTINE: The only person than had a
concern has been appeased?
MR. BRYANT: That's correct.
COMMISSIONER CARTER: And I understand you're removing
part of the dock here, so that it becomes a straight line out.
You're only putting pilings in to where he can back his boat into
that area.
MR. BRYANT: That's correct, Commissioner Carter. We're
not even putting docking in, just the piles.
CHAIRMAN CONSTANTINE: Commissioner Norris?
COMMISSIONER NORRIS: Nevertheless, I'm looking at the
staff analysis, and it says, are there special conditions and
circumstances existing which are peculiar to the location size
and characteristics of the land, structure or building? No.
Are there special conditions and circumstances which do
not result from the action of the applicant? No.
Will a literal interpretation of the provisions to this Land
Development Code work unnecessary and undue hardship on the
applicant? No.
Will the variance, if granted, be the minimum variance that
will make possible the reasonable use of the land, building or
structure and which promotes standards of health, safety and
welfare? No.
Will granting the variance requested confer on the petitioner
any special privilege that is denied by these zoning regulations
to other lands, buildings or structures in the same zoning
district? Yes.
Will granting the variance be in harmony with the general
intent and purpose of the Land Development Code and not be --
and not be injurious to the neighborhood, or otherwise
detrimental to the public welfare? No.
Are there natural conditions or physically induced
conditions that ameliorate the goals and objectives of the
regulation such as natural preserves, lakes, golf courses, etc.?
No,
So really, there doesn't seem to be a reason to approve this
zoning variance at all.
Page 78
March 14, 2000
MR. BRYANT: In all due respect, Commissioner Norris, we
believe that when that initial staff review was done, there wasn't
a total presentation of all of the needs for the extension. Without
the extension, my client's boat literally sits in the mud because
of the way the tidal flow is in that area. And without the
extension, he would not be able to dock it. I don't believe that
that matter was made known to staff. If it had, I think that might
have somewhat been taken into consideration when they did
their report.
COMMISSIONER MAC'KIE: And I'll just say, I've looked at
the photographs, and I'm persuaded that there's absolutely a
necessity, a practical necessity for this. If there's not an
objection by any of the neighbors, then I'd like to give way for
what's practical instead of what's technical, unless Mr. Weigel's
going to tell us they put this on our agenda, despite the fact that
we don't have a legal way to approve it. MR. WEIGEL: I will not say that.
COMMISSIONER MAC'KIE: So I'm going to make a motion
we approve the variance.
CHAIRMAN CONSTANTINE: I'm going to second it. This
seems like a no-brainer, frankly. Seven and a half feet, nobody in
the neighborhood objects, and it's consistent with all the other
docks. If you'll look at the aerial photos, it pretty much goes
along the lines with what everybody else here is doing.
COMMISSIONER MAC'KIE: I mean, he's only in it because of
six inches of fronts edge seawall.
CHAIRMAN CONSTANTINE: No speakers?
MR. OLLIFF: There are no speakers.
CHAIRMAN CONSTANTINE: We have a motion and we have
a second.
All those in favor of the motion, please state aye.
Anybody opposed?
COMMISSIONER NORRIS: Aye.
CHAIRMAN CONSTANTINE: 4-1, Commissioner Norris in the
minority.
MR. BRYANT: Thank you, commissioners.
CHAIRMAN CONSTANTINE: Thank you.
Page 79
March 14, 2000
Item #13A3
RESOLUTION 2000-85 RE PETITION V-99-27, BOYETT DESIGN
GROUP REPRESENTING LARRY W. ORMSBY, REQUESTING A 10
FOOT VARIANCE FROM THE REQUIRED 25 FOOT REAR YARD
SETBACK TO 15 FEET FOR A STAIRWAY ON PROPERTY
LOCATED AT 210 6TM STREET WEST, LITTLE HICKORY SHORES -
ADOPTED
Which takes us to the final petition of the day, V-99-27.
10-foot variance from the required 25-foot rear yard setback.
MR. BADAMTCHIAN: Good morning, commissioners,
Chahram Badamtchian, planning services.
CHAIRMAN CONSTANTINE: Everybody who's going to
participate in this hearing may want to stand and be sworn.
(Speakers were duly sworn.}
CHAIRMAN CONSTANTINE: Thank you.
MR. BADAMTCHIAN: Chahram Badamtchian, from planning
services staff.
This is a variance for unroofed -- an enclosed stairway,
which will encroach 10 feet into the required rear setback. The
petitioner is planning to build a house, and because of the FEMA
requirements, the house must be elevated. And they are
proposing to build a stairway in the back, which will encroach
into the rear setback. However, this stairway will be located
inside the pool enclosure, and it's not going to be really visible,
offensive to the neighbors.
Staff hasn't received any objections from anybody, and the
Planning Commission reviewed this. A vote of 7 to 1
recommended approval.
COMMISSIONER MAC'KIE: Basically, Chahram, if this were a
potted plant, it wouldn't require the variance, but since it's
structural, it does.
MR. BADAMTCHIAN: Correct.
COMMISSIONER MAC'KIE: But the net effect to the world is
the same.
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March 14, 2000
Unless there's objection, I'm going to move approval.
COMMISSIONER BERRY: I'll second it.
CHAIRMAN CONSTANTINE: Does the petitioner want to talk
us out of this? Let's go ahead and call the question then.
All those in favor of the motion, please state aye.
Anybody opposed?
COMMISSIONER NORRIS: Aye.
CHAIRMAN CONSTANTINE: Motion carries 4-1,
Commissioner Norris objecting.
Item #14A
STATUS REPORT PRESENTED REGARDING THE WORKFORCE
ASSESSMENT STATUS
Which takes us to staff comments. I believe Ms. Edwards
had something for us today.
MS. EDWARDS: Good morning. For the record, my name is
Jennifer Edwards, Human Resources director.
I'm here today to talk to you about the workforce
assessment study. You'll all remember that Florida Gulf Coast
University performed that study for us. And we learned from that
that there's some things that we can do better. We also all
agreed that indeed we don't want this report to just sit on the
shelf, that we want some action.
So to get that action started, we have organized a -- what
we call a cross-functional team that is made up of employees
from every division. We have approximately four employees from
each division, and they're both managers and non-managers.
We held our first team meeting on March the 6th, and we
had Drs. Arthur Rubens and Jerry Schoenfeld from Florida Gulf
Coast University facilitate the meeting.
The primary role of this team is going to be to review the
recommendations of the study, to prioritize those
recommendations, and to develop plans for implementing the
recommendations.
The five major areas that were determined to need some
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March 14, 2000
help are career growth -- and these are reminders for you; you
probably already remember them -- career growth, organizational
efficiency, pay and benefits, work standards and job design, as
well as leadership. Those are the five broad categories.
The group was asked at our meeting on March the 6th to
begin prioritizing these broad categories. And the team
determined that leadership is the first category that we want to
begin working in.
What we did then was to create some action areas to be
included under this leadership category. Those action areas are:
Shared vision, communication, leadership skills and
performance accountability. We also assigned short-term
leadership action task that will be performed and brought back
to our next meeting. And our next meeting is March the 20th.
We've agreed that we're going to meet every --
approximately every two weeks. Dr. Jerry Schoenfeld will be
facilitating these meetings. And we will be giving you status
reports as we move forward.
Any questions? Thank you.
CHAIRMAN CONSTANTINE: Thanks.
Item #14
STAFF'S COMMUNICATIONS
Mr. Olliff, anything you want to add?
MR. OLLIFF: Two things. One, I think we need to back up
and discuss that water resources workshop before you break.
And perhaps if you've had a chance to look at your schedules, I
think the proposed date was April 13th. It is primarily going to
be an all day type workshop, I believe. And just some indication
from the board whether or not you will be able to or won't be able
to attend that.
COMMISSIONER MAC'KIE: I will.
COMMISSIONER CARTER: I will.
COMMISSIONER BERRY: I will.
COMMISSIONER NORRIS: I probably won't.
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March 14, 2000
MR. OLLIFF: Okay. I think three is probably sufficient for us
to go ahead and send the invitations out, and we'll go ahead and
put that together through the University of Florida then.
CHAIRMAN CONSTANTINE: They've already been signed.
MR. OLLIFF: Great.
Second item I had was just initially to say thank you, that I
intend to work awfully hard here. And I'm sure from everything
I've ever seen from this position, that I'll earn every cent of it.
COMMISSIONER BERRY: Every penny of it.
MR. OLLIFF: But also want to at least announce to you that
we've also made a selection for the other Assistant II position, a
young lady named Beth Walsh, who is currently with your fleet
management department, will move up in the county
administrator's office in about two weeks, and we'll try and get
her around and introduce her to each one of you as well. With that, Mr. Chairman, that's all I had.
CHAIRMAN CONSTANTINE: Mr. Weigel, anything you'd like
to give us today?
MR. WEIGEL: Thank you. Yes, two things very briefly. You
probably are aware that the county is to be the recipient of
another lawsuit. This is environmental lawsuit on the county.
And it raised the question about plaintiffs and lawsuits who are
on advisory committees of the Board of County Commissioners.
I'd just remind you that all committee members serve at the
pleasure of the board, and/or if it is the board's direction, county
attorney can prepare an amendment to our advisory committee
ordinance which could provide such parameters such that if
committee members are involved as plaintiffs, an adversarial
relation with the county in lawsuits, the ordinance could provide
for either automatically or through other mechanism, that they
are removed from the committees.
COMMISSIONER MAC'KIE.' Can I suggest that before we
take action on that, you may already have discussed with our
special counsel, Ms. Linnan. Because of the Governor's order
that this be of such a public process, I'd be concerned about
doing anything that might be seen as obviating public
participation.
Page 83
March 14, 2000
COMMISSIONER BERRY: Mr. Chairman? I think that's a
great point, Pam. And I think the point in case is that how can
you serve two masters? How can you sit on one of our
committees? We have one of the people who has filed this most
recent lawsuit who happens to sit on the committee for the
Eastern Collier Properties Assessment Area, and he's now filed.
I mean, we have said that we would come together and sit
down and talk and try to come to some kind of an agreement.
How can you come to and discuss items --
CHAIRMAN CONSTANTINE: If you're going to have public
discussion.
COMMISSIONER BERRY: -- when you've already got a bias,
apparently. There's no discussing, you've already -- you're suing
the county. And I have some real concerns about that. We're
supposed to be sitting there looking at information, which they're
now working on, and he's a party to a lawsuit. I have a real
problem with this.
COMMISSIONER CARTER: Well, Commissioner Berry, I do,
too. And I think if a person makes that type of decision, that
they want to sue the county and they no longer want to
participate in the process, then they should step aside from
being in what we're calling a collective process --
COMMISSIONER BERRY: Right.
COMMISSIONER CARTER: -- to find solutions to problems
rather than being the problem. So I would prefer that that person
stepped aside. I guess that's what the county attorney is telling
US,
What do we have to do, give direction to have them step
aside, or would that person --
COMMISSIONER MAC'KIE: Just remove them.
COMMISSIONER CARTER: -- just step aside because of their
actions?
COMMISSIONER NORRIS: Who is the person in question?
COMMISSIONER BERRY: Well, the case on my particular
committee happens to be Wes Wilkins. He's a party to this most
recent lawsuit. And I was pleased to have him on the committee,
because he does live out in the South Belle Meade area. And I
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March 14, 2000
was very pleased that he wanted to participate on this
committee. And I'm very, very disappointed over the fact that
now he's joined this lawsuit. I -- and I'm so surprised.
COMMISSIONER MAC'KIE: Is the nature of the lawsuit -- I'm
sorry to be only generally familiar. But the idea is if you're a
plaintiff in this lawsuit, you've prejudged the outcome of the
committee's work; is that a fair statement?
MR. WEIGEL: Well, there's an objection -- the object of the
lawsuit to halt development in the eastern county in --
COMMISSIONER MAC'KIE: Pending the outcome of the
committee's work or forever or --
MR. WEIGEL: Well, it has to do with the establishment of the
natural resource protection areas, or the lack thereof out there.
COMMISSIONER BERRY: Which we did.
MR. WEIGEL: But in any event, from Mr. Carter, the fact is
that they all serve at the pleasure of the board, so the board at
any point can make a determination individually. And I was just
offering if they wanted to have a mechanism within the
ordinance itself that took it out of a case-by-case discussion
basis, it could be done. And I just wanted to raise that as a
flexibility that's before you, i you wished to pursue that.
COMMISSIONER BERRY: I think you put it in -- is it an
ordinance, David?
MR. WEIGEL: It's our advisory committee ordinance.
COMMISSIONER BERRY: Then I think you ought to place it
in -- I don't know how you can serve -- you can't serve two
masters, as far as I'm concerned.
CHAIRMAN CONSTANTINE: I agree.
COMMISSIONER CARTER: And I agree.
MR. WEIGEL: Yeah, I'll prepare -- have a draft prepared and
advertised and brought back for discussion for the board at the
next available meeting.
The other thing I want to mention briefly is that the board at
the transportation workshop had a question, I think Ms. Berry
particularly raised, concerning Miller Boulevard. And I want you
to know that the Miller Boulevard extension lawsuit of course is
filed. We expect it's going to go to trial this year.
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March 14, 2000
We're very involved from a defensive posture in some of our
other land use and other matters which are forcing our litigation
attorneys to go to Ocala, Lake City, Sarasota, Pompano, all
around. It's taking some time. We try to prioritize as best we
can, but I would expect that we'll be in court on this a little later
on this year.
Item #15
BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS
CHAIRMAN CONSTANTINE: Thank you.
Commissioner Berry, anything?
COMMISSIONER BERRY: I have nothing.
CHAIRMAN CONSTANTINE: Commissioner Norris?
COMMISSIONER NORRIS: Nothing today.
CHAIRMAN CONSTANTINE: Commissioner Carter?
COMMISSIONER CARTER: Two items. And this was on the
consent agenda. And I was thinking it was pulled and I confused
it. But I just wanted -- and each board member was served this.
Hole-Montes is raising an issue about the ranking. They were
ranked number two in a three-point scale in terms of doing some
engineering work.
What -- the comments in the letter are of concern to me.
And I don't know how this needs to be addressed, but I would
like some direction from the board, and if perhaps staff can
better reply to this letter, because some of the things that's said
in here implies that they are not -- there's not uniformity within
our own staff in terms of how the process is done.
COMMISSIONER MAC'KIE: I'll just say that that's something
that I had worked on with Mr. Fernandez, and that Mr. Fernandez
and Tom Taylor were talking about it and coming up with some
better ideas. Mr. Ilschner was providing some input on that. And
maybe it's slipped through the cracks with the change, and we
need to refer that to Mr. Olliff. That's my intention to do with my
copy of the letter, anyway, for some action.
MR. OLLIFF: We can follow up with you not only on that
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March 14, 2000
specific item, but I can tell you that Mr. McNees has already
spent some time talking to Mr. Taylor in response to that specific
letter. And we can give you some response on that specific
issue, but then I think come back to you on the more broad
policy issues, too, about just a local firm and work and
assistance with us in some of those major key capital projects.
COMMISSIONER CARTER: Okay, that would be acceptable
to me, Tom. I just think that it needs to be addressed, because
there are some implications there that are not --
MR. OLLIFF: We'll find what crack that fell into and pull it
back out.
COMMISSIONER CARTER: The second thing I have is that
the very end of our transportation workshop, there was a
question raised about Piper Boulevard in terms of making that
one way. And perhaps that was not pursued enough. I would
like to, at the direction of the board, to look at that issue again.
Because a suggestion was made, and I've had several calls from
the community, that Piper Boulevard could be extended all the
way to Carlton Lakes, but make that a one-way.
And I'm assuming that it's either -- I think it's one way going
in. And that that way they have a direction in. And you don't
have to make all these cuts back and forth across Immokalee
Road.
COMMISSIONER MAC'KIE: Then they have these right turns
coming home.
I don't know if staff missed that when they evaluated it
before, but if they haven't adequately considered that one, I want
it with that.
COMMISSIONER NORRIS: Well, I don't believe they did,
because one of the problems that they brought up in there is the
proximity to the intersection. I mean, you're pushing in -- you
would be pushing in cars right at the edge of the bridge there.
And, you know, you're really going to have a lot of conflicts,
traffic conflicts, if you do that.
That was one of the primary things that they raised, not the
issue of whether or not it was going to be two-way.
COMMISSIONER CARTER: Perhaps, you know, we could just
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March 14, 2000
revisit that one more time. For my comfort level would be to
address that one more time and make sure the community
understands why it can't be done.
COMMISSIONER NORRIS: That's fine.
COMMISSIONER MAC'KIE: That's worth it.
COMMISSIONER BERRY: If that can't be done, then to go
ahead and guarantee the satisfaction of the bike path.
COMMISSIONER CARTER: The bike path.
COMMISSIONER BERRY: If this other can't be
accomplished.
COMMISSIONER CARTER: Because what it would have
raised is that we did allow the building on our easement. This is
the second time since I've been here that that issue has come
up. One is Carlton Lakes, the other one of course with Calusa
Bay. And I hope in the future that we just won't allow anybody to
build anything on our easements, period, even though we have
the right to make them take it down later.
So I hope that we can -- if we need to give staff direction on
that, I would like to see us begin to take a more aggressive
policy to prevent problems before they happen.
COMMISSIONER MAC'KIE: Of course, if we're going to do
that -- and I like that idea, but if we're going to do it, we need to
adopt a policy that we're going to beautify and maintain our
easements on the shoulders. Because as it is now, we take --
you know, we identify a wider road than we are presently
building, and the developer on the adjacent property makes it
really pretty and maintains it until we need it. And that's not so
bad.
The problem is buyers, purchasers in Calusa Bay and now
Carlton Lakes and maybe others buy in there thinking that
they've got that as a permanent berm when they actually don't
have that right.
So I was hoping that was something that the County
Attorney's Office was going to be looking into and giving us some
recommendations about the legalities.
MR. OLLIFF: I think there's two issues. One is I think that
when developers come in and they talk about temporary
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March 14, 2000
construction on top of a county easement, that's one thing. But
a berm like we see these days is not nearly as temporary as
perhaps, you know, you may be led to believe.
But I think the next progressive thing that we've done is to
adopt a standardized cross-section like you did today, which will
hopefully avoid that in the future so that we know where that
cross-section is and we know where we can and cannot approve
some of those temporary type uses.
But I agree with you, in terms of especially those type of
heavily landscaped berms, and we'll try and look into that.
COMMISSIONER CARTER: Okay. And last issue I have is
that I hope that everybody would vote today. And the Naples
Daily News came out against the bed tax, which I was surprised.
But I shouldn't be surprised, they seem to be against anything
that gives us an opportunity to do some of the things we need to
do in this community.
But the point is it was a very narrow editorial that did not
inclusively deal with all the areas that are supported by a bed
tax. That includes Lake Trafford, it includes what we did with
Roberts Ranch and inland management and beach protection.
So I hope that the voters out there will give that -- whatever
they decide to do, will look at it as a very broad use of those in
terms of our beach and inland management.
And if we do have a hurricane, the reason we like to have
reserves is that if you have to repair all that beach work, you
only have one source to do that, unless we go to ad valorem
taxes. So they want to keep that in mind when they cast their
ballot today.
CHAIRMAN CONSTANTINE: Commissioner Mac'Kie?
COMMISSIONER MAC'KIE.' Not a thing.
CHAIRMAN CONSTANTINE: Neither do I.
Ms. Filson, may we be excused.
MS. FILSON: You may.
CHAIRMAN CONSTANTINE: We're adjourned.
***** Commissioner MacKie moved, seconded by Commissioner
Norris, and carried unanimously, that the following items be
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March 14, 2000
approved and or/adopted: *****
Item #16A1
AUTHORIZATION FOR THE NATURAL RESOURCES DEPARTMENT
DIRECTOR TO APPLY FOR ARTIFICIAL REEF GRANTS
Item #16A2
RESOLUTION 2000-65, CERTIFYING THAT THE HABITAT FOR
HUMANITY OF COLLIER COUNTY, INC. PROGRAM, FOR THE
CONSTRUCTION OF HOUSING FOR VERY LOW INCOME
PERSONS, IN CONSISTENT WITH THE COLLIER COUNTY
GROWTH MANAGEMENT PLAN AND IMPLEMENTING
REGULATIONS THEREOF
Item #16A3 - This item was deleted
Item #16A4
BUDGET AMENDMENT FOR COMMUNITY DEVELOPMENT AND
ENVIRONMENTAL SERVICES; PURCHASE OF AN ELECTRONIC
DOCUMENT FOLDING, INSERTING AND ADDRESSING SYSTEM
Item #16A5
CARNIVAL PERMIT 2000-04, RE: PETITION C-2000-4, LUIS
MALDONADO, COORDINATOR FOR MISSION POSSIBLE
MINISTRIES, FOR A PERMIT TO CONDUCT A YOUTH FAIR "2000
AWAKENING" ON MARCH 23RD THROUGH MARCH 26TM, 2000, ON
THE "EL CALVARIO" CHURCH PROPERTY, LOCATED AT14601
EAST TAMIAMI TRAIL, AND WAIVING THE SURETY BOND
Item #16A6
RECORDING FINAL PLAT OF "NAPLES GATEWAY PHASE I" AND
APPROVING THE STANDARD FORM CONSTRUCTION AND
Page 90
March 14, 2000
MAINTENANCE AGREEMENT AND THE AMOUNT OF THE
PERFORMANCE SECURITY~ WITH STIPULATIONS
Item #16A7
RECORDING FINAL PLAT OF "LINKS AT THE STRAND" AND
APPROVING THE STANDARD FOR CONSTRUCTION AND
MAINTENANCE AGREEMENT AND THE AMOUNT OF THE
PERFORMANCE SECURITY~ WITH STIPULATIONS
Item #16A8
RECORDING FINAL PLAT OF "NAPLES WALK UNIT TWO"
Item #16A9
RECORDING FINAL PLAT OF "MEDITERRA PARCEL 104"
Item #16A10
FINAL ACCEPTANCE OF WATER FACILITIES FOR CONTESSA
CONDOMINIUM AND RELEASE THE UPS TO THE PROJECT
ENGINEER OR THE DEVELOPER'S DESIGNATED AGENT
Item #16A11
RESOLUTION 2000-66, AND AGREEMENT, AUTHORIZING A 50%
WAIVER/50% DEFERRAL OF IMPACT FEES FOR ONE HOUSE TO
BE BUILT BY AARON GODWIN AND AMANDA S. GODWIN, AT 3240
21sT STREET S.W., GOLDEN GATE ESTATES
Item #16A12
RECORDING FINAL PLAT OF" MEDITERRA PARCEL 103" AND
APPROVING THE STANDARD FORM CONSTRUCTION AND
MAINTENANCE AGREEMENT AND AMOUNT OF THE
PERFORMANCE SECURITY~ WITH STIPULATIONS
Page 91
March 14, 2000
Item #16A13
RECORDING FINAL PLAT OF 'MEDITERRA PARCEL 105" AND
APPROVING THE STANDARD FORM CONSTRUCTION AND
MAINTENANCE AGREEMENT AND AMOUNT OF THE
PERFORMANCE SECURITY, WITH STIPULATIONS
Item #16A14
RECORDING FINAL PLAT OF "MEDITERRA PARCEL 108" AND
APPROVING THE STANDARD FORM CONSTRUCTION AND
MAINTENANCE AGREEMENT AND AMOUNT OF THE
PERFORMANCE SECURITY, WITH STIPULATIONS
Item #16A15
RECORDING FINAL PLAT OF "ESCADA AT TIBURON' AND
APPROVING THE STANDARD FORM CONSTRUCTION AND
MAINTENANCE AGREEMENT AND AMOUNT OF THE
PERFORMANCE SECURITY, WITH STIPULATIONS
Item #16B1 - This item was deleted
Item #16B2
BID #99-3019 - "SEVEN (7) CHEMICAL METERING PUMPS",
AWARDED TO AMJ EQUIPMENT CORP., IN THE AMOUNT OF
$40,426
Item #16B3
BUDGET AMENDMENT TO PURCHASE NECESSARY EQUIPMENT
IN THE TRANSPORTATION SERVICES DEPARTMENT
Item #16B4
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March 14, 2000
INTERLOCAL RECYCLING AGREEMENT WITH THE CITY OF
MARCO ISLAND
Item #16B5
BID #00-3043, AWARDED TO FORESTRY RESOURCES
LANDSCAPE SUPPLY, INC., FOR THE PURCHASE AND DELIVERY
OF ORGANIC AND INORGANIC MULCH
Item #16B6
BID #00-3036, FOR READY MIX CONCRETE, AWARDED TO
SCHWAB READY MIX, THE HOME DEPOT, AND KREHLING
INDUSTRIES, ON AN ITEM-BY-ITEM BASIS
Item #16B7
THIRD RENEWAL ON BID #95-2430, WITH KISINGER CAMPO &
ASSOCIATES FOR ENGINEERING SERVICES, BRIDGE AND
STRUCTURE REPAIRS~ FOR A ONE YEAR PERIOD
Item #16B8
RESOLUTION 2000-67, CONVEYING AND RECORDING A
CONSERVATION EASEMENT TO SOUTH FLORIDA WATER
MANAGEMENT DISTRICT TO PROVIDE OFF-SITE MITIGATION
FOR IMMOKALEE ROAD IMPROVEMENTS FROM 1-75 TO C.R. 951
Item #16B9 - MOVED TO ITEM #8B5
Item #16B10
RANKING OF FIRMS AND CONTRACT NEGOTIATIONS FOR
DESIGN AND PERMITTING SERVICES WITH CH2M HILL, HOLE
MONTES & ASSOCIATES, INC., AND WILSONMILLER FOR
IMMOKALEE ROAD (C.R. 951 TO 43RD AVE N.E.) FOUR LANE
IMPROVEMENTS~ RFP #99-3020
Page 93
March 14, 2000
Item #16Bll - This item was deleted
Item #16B12
BUDGET AMENDMENT AND CHANGE ORDER TO THE NORTH
COUNTY REGIONAL WATER TREATMENT PLANT 8-MGD
EXPANSION, BID 97-2690R, PROJECT 70858/70828 IN THE
AMOUNT OF $33,696
Item #16B13
WORK ORDER CDM-FT-00-03 TO CAMP DRESSER & MCKEE, INC.
FOR PROFESSIONAL ENGINEERING SERVICES RELATED TO
UPGRADING THE PELICAN BAY WELLFIELD, PROJECT 74039, IN
THE AMOUNT OF $49,000
Item #16B14
WORK ORDER TLC-M/E-00-05 TO TILDEN LOBNITZ COOPER FOR
PROFESSIONAL MECHANICAL/ELECTRICAL ENGINEERING
SERVICES RELATED TO SOUTH COUNTY REGIONAL WATER
RECLAMATION FACILITY, MOTOR OPERATED VALVES, PROJECT
73916~ IN THE AMOUNT OF $34~500
Item #16B15
WORK ORDER TLC-M/E-00-04 TO TILDEN LOBNITZ COOPER FOR
PROFESSIONAL MECHANICAL/ELECTRICAL ENGINEERING
SERVICES RELATED TO UPGRADING THE PELICAN BAY
WELLFIELD~ PROJECT 74039, IN THE AMOUNT OF $74~000
Item #16B16
RESOLUTION 2000-68, AUTHORIZING THE EXCHANGE OF LAND
BETWEEN COLLIER COUNTY AND ANTHONY PURPERO, JOSEPH
CALl, ROBERT MCGINNIS AND NANCY MCGINNIS, WARREN
Page 94
March 14, 2000
ANDREWS AND DEBBIE ANDREWS, FOR THE PURPOSE OF
WIDENING PINE RIDGE ROAD
Item #16B17
AGREEMENTS WITH J.D. BURT COMPANY, GERARD MCHALE JR.,
TRUSTEE, AND VINEYARDS DEVELOPMENT CORP., FOR THE
ACQUISITION OF RIGHT-OF-WAY FOR THE PINE RIDGE ROAD
SIX-LANING FROM AIRPORT ROAD TO LOGAN BOULEVARD AND
RECORDING OF SAME
Item #16B18
TERMINATING THE CONTRACT WITH ENVIRONMENTAL CARE,
INC., BID #98-2844, FOR DAVIS BLVD. MSTD GROUNDS
MAINTENANCE AND AUTHORIZING STAFF TO PERFORM
MAINTENANCE FUNCTIONS ON THAT LANDSCAPE SEGMENT OF
DAVIS BLVD., PHASE I
Item #16B19 - This item was deleted
Item #16B20 - This item was deleted
Item #16B21
APPROVING A NON-DISTURBANCE AGREEMENT WITH
BERKSHIRE PARK LIMITED PARTNERSHIP PROTECTING
COLLIER COUNTY FROM POTENTIAL FUTURE FINANCIAL AND
LITIGIOUS LIABILITY AND FACILITATING THE SALE OF
BERKSHIRE PARK APARTMENTS
Item #16B22
WORK ORDER TE-98-TO-06 WITH TINDALE OLIVER AND
ASSOCIATES, INC., IN THE AMOUNT OF $33,594 FOR A TRAFFIC
ANALYSIS FOR A PROPOSED ROADWAY WITHIN A FLORIDA
POWER & LIGHT EASEMENT FROM RADIO ROAD TO DAVIS
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March 14, 2000
BLVD., PROJECT NO. 60135
Item #16B23
WORK ORDER SMT-FT-00-01 WITH SOUTHERN MAPPING
TECHNOLOGY, INC. FOR A SURVEY OF THE PROPOSED
ROADWAY LOCATED IN THE FLORIDA POWER & LIGHT
EASEMENT BETWEEN DAVIS BLVD. AND RADIO ROAD, PROJECT
NO. 60135, IN THE AMOUNT OF $27,219.50
Item #16B24
EXECUTING A SOVEREIGN SUBMERGED LANDS EASEMENT FOR
THE WIGGINS PASS MAINTENANCE DREDGING PROJECT
Item #16C1
RESOLUTION 2000-69, RE-APPROVING A RELOCATION AND
CONSTRUCTION AGREEMENT BETWEEN COLLIER COUNTY AND
BAY COLONY-GATEWAY INC., FOR THE EXCHANGE OR
PROPERTY AND CONSTRUCTION OF A LARGER REPLACEMENT
BEACH PARKING LOT AT THE WEST END OF SEAGATE DRIVE
WITHIN NAPLES CAY
Item #16C2
MASTER AGREEMENT AMENDMENT 001 RELATING TO SERVICES
FOR SENIORS' GRANT PROGRAMS BETWEEN COLLIER COUNTY
AND THE AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA,
INC.
Item #16C3
RESOLUTION 2000-70, APPROVING CLOSING S.R. 29 AND
COUNTY ROAD 9TM
STREET AND ROBERTS AVENUE IN
IMMOKALEE FOR A CATTLE DRIVE FOR THE ROBERTS' RANCH
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March 14, 2000
FUNDRAISER TO BE HELD APRIL 1-2~ 2000
Item #16C4
AUTHORIZING ADVERTISEMENT OF A PUBLIC HEARING TO
CONSIDER AN AMENDMENT TO ORDINANCE 89-69 ON
INOCULATION AGAINST LETHAL YELLOWING DISEASE IN
COCONUT PALMS
Item #16C5
PURCHASE OF A PICNIC SHELTER FOR EAST NAPLES
COMMUNITY PARK AWARDED TO CONTRACT CONNECTIONS
INC.
Item #16C6
ASSIGNMENT OF AN AGREEMENT WITH FLORIDA SECURITY
LOCKERS, INC. FOR BEACH LOCKER CONCESSIONS AT TIGER
TAIL BEACH AND BAREFOOT BEACH
Item #16C7
CONTRIBUTION AGREEMENT WITH RICHARD R. HARSHMAN AND
WILLIAM H. EVERETT FOR MONIES RAISED FOR THE
CONSTRUCTION OF A CROQUET AND LAWN BOWLING FACILITY
AT PELICAN BAY COMMUNITY PARK
Item #16C8
AUTHORIZING THE COLLIER COUNTY PUBLIC LIBRARY TO
SUBMIT AN APPLICATION FOR A LIBRARY SERVICES &
TECHNOLOGY ACT GRANT
Item #16C9
APPROVING THE "CERTIFICATION REGARDING DISBARMENT,
Page 97
March 14, 2000
SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION" TO
ENABLE THE COLLIER COUNTY LIBRARY TO APPLY FOR LSTA
GRANT
Item #16D1
BID #00-3035, AWARDED TO PRECISION CLEANING INC., FOR
EXTERIOR PRESSURE STEAM CLEANING SERVICES
Item #16D2
REJECTING BID #99-2994, HAZARDOUS MATERIAL TRAINING
Item #16D3
TERMINATING CONTRACT #98-2778, WITH GULF COAST
TELEPHONE FOR TELEPHONE SERVICES OUTSOURCING
Item #16D4
RESOLUTION 2000-71, APPROVING A GROUND LEASE
AGREEMENT BETWEEN COLLIER COUNTY AND THE STATE OF
FLORIDA DEPARTMENT OF JUVENILE JUSTICE
Item #16D5
COLLECTIVE BARGAINING AGREEMENT WITH THE
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 3670,
Item #16D6
BID #99-3030, AWARDED TO CROWTHER ROOFING INC. AND
ADVANCED ROOFING INC. FOR ON-CALL ROOFING INSPECTIONS
AND REPAIR SERVICES
Item #16D7
Page 98
March 14, 2000
SATISFACTION OF LIEN FILED AGAINST REAL PROPERTY FOR
ABATEMENT OF NUISANCE AND RECORDING OF SAME
Item #16D8
RESOLUTION 2000-72, AUTHORIZING A REVOCABLE
TEMPORARY LICENSE TO FLORIDA POWER & LIGHT COMPANY
THAT WILL BENEFIT THE INSTALLATION OF AN ODOR CONTROL
FAN SYSTEM AT THE NAPLES LANDFILL
Item #16E1
BUDGET AMENDMENTS: 00-150, 00-152, 00-157, 00-160 AND
00-163
Item #16G1
BID #99-3018, AWARDED TO ELITE FIRE AND SAFETY
EQUIPMENT, IN THE AMOUNT OF $83,950, FOR THE LEASE
PURCHASE OF A 2000 BRUSH PATROL VEHICLE
Item #16G2
EXECUTING THE VOLUNTEER FIRE ASSISTANCE GRANT AND
ENTERING INTO A 50% GRANT TO PURCHASE WILD LAND FIRE
GEAR FOR THE OCHOPEE FIRE CONTROL DISTRICT AT A COST
NOT TO EXCEED $8,000
Item #16G3
APPROVING TWO STATE OF FLORIDA EMS MATCHING GRANT
APPLICATIONS
Item #16G4
WAIVING THE FORMAL COMPETITIVE BID PROCESS AND
APPROVING THE PURCHASE OF THE EMS SOLUTION 2000 DATA
Page 99
March 14, 2000
COLLECTION SYSTEM FROM SWEET COMPUTER SYSTEMS AND
HEALTH WARE SOLUTIONS, IN THE AMOUNT OF $52,529
Item 16H1
SATISFACTION OF LIEN FOR SERVICES OF PUBLIC DEFENDER
FOR CASE NO. 80-0570-CFA
Item #16H2
MISCELLANEOUS CORRESPONDENCE - FILES AND/OR REFERRED
The following miscellaneous correspondence, as presented
by the Board of County Commissioners, has been directed to the
various departments as indicated:
Page 100
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
MARCH 14, 2000
FOR BOARD ACTION:
1. Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of
Lien for Services of the Public Defender for Case No.: 80-0570-CFA
2. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
3. Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter
136.06(1 ), the disbursements for the Board of County Commissioners for the period:
A. February 02 - 08, 2000
B. February 09 - 15, 2000
4. Districts:
A. Collier Mosquito Control District - Public Facilities Report
B. Port of the Islands Community Improvement District - Minutes of meeting of
January 20, 2000
C. Cedar Hammock Community Development District - Minutes of meeting of
December 29, 1999 and description of outstanding bonds contained in minutes
attachments and meeting of January 10, 2000
D. Golden Gate Fire Control & Rescue District - Agenda for March 8, 2000 meeting
Minutes:
A.
Fo
Immokalee Enterprise Zone Development Agency - Minutes of November 18,
1999 meeting
Golden Gate Beautification Advisory Committee - Agenda for February 8, 2000
meeting and minutes of January 11, 2000 meeting
Hispanic Affairs Advisory Board - Agenda for February 16, 2000 meeting
Lely Golf Estates Beautification Advisory Committee - Agenda for January 14,
2000 meeting and minutes of January 14, 2000
Rural Fringe Area Assessment Oversight Committee - Agenda for February 9,
2000 meeting and minutes of January 26, 2000 meeting
1 2000
/
March 14, 2000
Item #1611
ENDORSING AN AMENDED UNITED STATES DEPARTMENT OF
JUSTICE FEDERAL EQUITABLE SHARING AGREEMENT
Item #1612
AIRCRAFT STORAGE SPACE AGREEMENT WITH THE CITY OF
NAPLES AIRPORT AUTHORITY FOR THE SHERIFF'S OFFICE
Item #16J1
STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT
ACQUISITION ON PARCEL #110A IN THE LAWSUIT ENTITLED
COLLIER COUNTY V. JOSE L. REY, ET AL., CASE NO. 99-3683-CA
(GOLDEN GATE BOULEVARD BETWEEN C.R. 951 AND WILSON
BOULEVARD, DIRECTING STAFF TO DEPOSIT AN ADDITIONAL
$900 INTO THE REGISTRY OF THE COURT
Item #16J2
ADDITIONAL EXPERT FEES ASSOCIATED WITH THE
ACQUISITION OF PARCELS 713A, 713B, 813A AND 813B IN THE
LAWSUIT ENTITLED COLLIER COUNTY V. NAPLES ITALIAN
AMERICAN CLUB, INC., ET AL., CASE NO. 98-1672-CA (AIRPORT-
PULLING ROAD 6-LANING PROJECT FROM PINE RIDGE RD. TO
VANDERBILT BEACH RD.), DIRECTING STAFF TO PAY THE SUM
OF $20,500 DIRECTLY TO BRIAN P. PATCHEN, ESQ.
Item #16J3
DIRECT PAYMENT OF EXPERT FEES AND COSTS ASSOCIATED
WITH THE ACQUISITION OF VARIOUS PARCELS IN THE LAWSUIT
ENTITLED COLLIER COUNTY V. NAPLES ITALIAN AMERICAN
CLUB, INC., ET AL., CASE NO. 98-1672-CA (AIRPORT-PULLING
ROAD 6-LANING PROJECT FROM PINE RIDGE RD. TO
VANDERBILT BEACH ROAD RD.)
Page 101
March 14, 2000
Item 17A
RESOLUTION 2000-73, PETITION CU-2000-02, DIANE FLAGG,
CHIEF, COLLIER COUNTY EMS, AND SANDRA TAYLOR, COLLIER
COUNTY REAL PROPERTY, ON BEHALF OF THE BOARD OF
COUNTY COMMISSIONERS, REQUESTING A CONDITIONAL USE
FOR ESSENTIAL SERVICES IN THE "E" ESTATES ZONING
DISTRICT PER SECTION 2.6.9.2 FOR AN EMS AND SHERIFF'S
SUBSTATION FOR PROPERTY LOCATED AT THE SOUTHWEST
CORNER OF GOLDEN GATE BOULEVARD AND 13TM STREET SW,
CONSISTING OF 2.57+ ACRES
Item #17B
RESOLUTION 2000-74, PETITION VAC 99-017 TO VACATE TWO
PORTIONS OF 12TM
STREET NORTH LOCATED IN SECTION 22,
TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA
Item #17C
RESOLUTION 2000-75, PETITION VAC 99-018 TO DISCLAIM,
RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S
INTEREST IN A ROAD RIGHT OF WAY EASEMENT LOCATED
WITHIN THE WHIPPOORWILL WOODS PUD WHICH WAS
CONVEYED TO THE COUNTY BY O.R. BOOK 650, PAGE 1643 AND
O.R. BOOK 947, PAGE 1940, PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA
Item #17D
RESOLUTION 2000-76, PETITION VAC 00-005 TO VACATE THE 8'
LAKE MAINTENANCE EASEMENT ALONG THE REAR LOT LINE OF
LOT 45, "TERRACINA AT THE VINEYARDS", AS RECORDED IN
PLAT BOOK 29, PAGES 88 THROUGH 93, PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA
Page 102
March 14, 2000
Item #17E - WITHDRAWN
Item #17F
ORDINANCE 2000-13, PETITION R-99-12, LISA H. BARNETT OF
CHEFFY, PASSIDOMO, WILSON & JOHNSON, LLP,
REPRESENTING BENEDICT P. MIRALIA, TRUSTEE, REQUESTING
A REZONE FROM "A" RURAL AGRICULTURAL TO "C-4" FOR
PROPERTY LOCATED ON THE WEST SIDE OF U.S. 41 NORTH
APPROXIMATELY 1500 FEET SOUTH OF THE WIGGINS PASS
ROAD INTERSECTION, CONSISTING OF 3.53 ACRES
There being no further business for the good of the County,
the meeting was adjourned by order of the Chair at 11:55 a.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
TIMOTHY//~
' CHAiRMAN~i-
,ATTEST: ,,
,,?',DW!GHT~E~. BROCK, CLERK
Page 103
March t4, 2000
These minutes approved by the Board on ~///~ , as
presented / or as corrected .
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT
REPORTING SERVICE, INC., BY CHERIE' R. LEONE, NOTARY
PUBLIC
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