BCC Minutes 01/11/1994 R Naples, Florida, January 11, 1994
LET IT BE REMEMBERED, that the Board of County Commissioners in
for the County of Col/Act, and also acting as the Board of Zoning
,sale and as the governing board(s) of such special districts as
'.'have been created according to law and having conducted business
herein, met on thAs date at 9:00 A.M. in REGULAR SESSION in Building
~"F" of the Government Complex, East Naples, Florida, with the
oilowing members present:
CHAIRMAN:
VICE-CHAIRMAN:
(Absent)
Timothy J. Constantine
Betrye J. Matthews
John C. Norris
Michael J. Volpe
Burr L. Saunders
ALSO PRESENT: John Yonkosk¥, Finance Director; Sue Barbiretti and
Marilyn Fernle¥, Recording Secretaries; Nell Dorrill. County Manager;
Ken Cu¥1er, County Attorney; David Wetgel and Marjorie Student,
Assistant County Attorneys; Tom Whitecotton, Human Resources Director;
George Archibald, Transportation Services Administrator~ Russ Muller,
~rtatlon Engineer; BAll Lorenz, Environmental Services
'."'Administrator; Tom Olliff, Public Services Administrator; MAke McNees,
OffAce of Management & Budget Director; John MadaJewskt, Project Plan
Review Manager: Dick Clark, Acting Community Development Services
Administrator; Barbara Cacchione, Wayne Arnold and Robert Mulhere,
Planners~ and Sue Filson, Administrative Assistant to the Board.
Page
Tape;,1
(40)'
~an~a~ 11, 1994
Couuleeloner Yelps moved, seconded t~Z ConleoloneF Matthews end
caFFled 4/0, to approve the agenda with the changes as detailed on the
Agenda Change Sheet, end the following additional Items:
2.
3.
4.
Public Hearings will be held in the morning.
Item #14A2 - Discussion re Air Cargo Company - Added,
Item #14A3 - C.B.I.A. Impact Fee Information - Added.
Item #16L1 - Settlement Agreement - Continued to 1/18/94.
,o0 0O0rA . 07
Page 2
Xta.
!~,~ COI~KFI A(JEIi'DA - APPROVED A]FD/0R ADOPTED
January 11, 1994
The motion for approval of the consent agenda is noted under Item
~.Xtam
W~qUTE~ OFR~aULAR~TIN0 OF DECEMBER 7, 1993, MX~UTES OF~ORT~HOP
"!~ETXNG OF DZCE~BER 7, 1993, MINUTES OF CXTY/COUNTY ~OXlqTN~NTXNQ OF
DKCE~BER 9, 1993 A~D MINUTES OF NOR~SHOP ~ITXNQ OF DICENBER 13, 1993
Co--iasioner Saunders moved, seconded by Coulamioner ~tth~ and
carried 4/0, that the Mlnute~ of Re~lar ~et~ng of ~ce~r T, 1993,
Nlnutee of ~rkehop Nesting of ~ce~r T, 1993, N~nute~ of
C~/C~ty ~olnt Nesting of ~cea~ 9, ~993 ~d N~nutee of ~orkehop
~t~ng of ~ce~r 13, ~993 ~ approved.
(1es)
Upon reading the proclamation, Co--iaaloner ~tthe~m moved,
seconded by Co~alasioner S&undsra and carried 4/0, that the
Procl~tion designating ~anuary l? through 23, 1994 u Purple Nattin
~k be adopted.
~4r. William Dietrich accepted the Proclamation.
Page
3&nuar¥ 11, 1994
iPR~TXOH Dr. SX~t&TXNO JAJ~UARY 17, lgg¢, AS DR. MARTIN TdUTIIER KXNCl,
~d'R, ' DAY -~ ADOPTED
Upon reading the pFoclmtlon, ConLeaLoner Saunders moved,
eeconded by Con/aelonor Volpe and carried 4/0, that the Proclmtlon
deelgnatlng 3anuar~ 17, 1994 am Dr. Martin Luther King, ~F. ~y
adopted.
Mr. Chuck Mohlke, Jr. accepted the Proclamation.
Page
January 11, 1994
Commissioner Volpe congratulated and presented Service Awards
to the following employees for service with Collier County
Government:
Arturo Herrera, 20 years, Parks/NSTD
Nichelie Edwards Arnold, 5 years, Long Range Planning
Bertin J. Karptnski, Jr., 5 years, Capital Projects
'(43o)
'Xram #40
LINDA FASULO, ADMINISTRATIVE SKRVICES DIVISION, AS EMPLOY~E OF
~ ~R J~Y, 1994 -
Commissioner Constantine congratulated and presented Linda Fasulo,
Administrative Services Division ae Employee of the ~onth for January,
1994.
(403)'
:~ltsm
BUDGET AHENDI~:NTS 94-98, 94-203, 94-~40, 94-~4~ AND 94-142 - ADOPTED
Commissioner Yelps moved, seconded by CommlaeloneF Saunders and
carried 4/0, that Budget A~endmente 94-98, 94-103, 94-140, 94-141 and
94-142 be adopted.
BUDGET WORKSHOP 70 BE H~LD A~ REOULAR ~ETXNO Or,fEbRUARY X, 1gO4
Nl~e Nc~eee, ~udget Director, reported that a workshop to discuss
budget policies will be placed on the regular agenda of February 1,
!~. ~994.
:;Cs&o). ',
'.Xten dt~O
:' BuDGrf ~ FROM T3~ R~S~ FOR CO~XNO~ Xl ~ o~ ~
.~( TO ~T~X~H ~ ~O~XAT~ON ~l~~ ~R T~ DEED 8~LUS ~
· TO ~ OF ~CO~ FOR T~ C~TXrXCA~ NO, 84-4924, ~A 6437 ~ T~
::.:; 'C~TZFXCA~ NO. 85-5316, ~A 7576, DK~XJQKR i RO0~ P.~.V., B.V.,
~US~ - ~O~D
Finance Director Yankssky requested that the Board of County
;Commissioners establish an appropriation In the amount of $42,381.00
Page 5
3anua~y 11, 1994
so that the Clerk may Issue two refund checks for Tax Deed Sale
Surplus money. Re explained that this As an add-on Item because there
is a two year statutory limitation where people may apply for refunds.
Coumiseloner Volpe moved, seconded by Commissioner Matthews and
carried 4/0, that a budget amendment be approved, authorizing the
transfer of 842,381.00 from the General Fund Reserve to reimburse the
owners of the property for ~ur~lu~ money.
Dick Clark, Acting Community Development Services Administrator,
revealed that this item will resolve the balance of the Hurricane
Andrew reimbursement requests.
Mr. Clark explained that the balance of approximately $35°000.00
was returned to the General Fund reserves at the end of fiscal year
1993. He stated that Staff is requesting that the 835,000.00 is
reappropriated to the Hurricane Reimbursement Fund to complete the
reimbursements.
:In response to Commissioner Volpe, Mr. Clark explained that there
are two additional reimbursement requests that most likely will be
'!.~".::dented, however, in order to avoid revlsttng this process again, Staff
i~::?equest8 that the funds be in place.
i~:!': County Manager DOFFIll remarked that it would be appropriate
i'/.:(for the Board of County Commissioners to limit the authorization to
, ,.00o.0o.
Commissioner Volpe moved, seconded by ConalssIoner Matthews and
. carried 4/0, that · Budget Amendment be authorized In the a~ount of
i,~:.($15,0OO.00 to be placed Into the ~urricane A~drew coat center under
[':"project 00065.
.;.'Xram ~GI - Continued to 1/18/04
Z~lOA
Page 6
January 11, 1994
In an~er to Commissioner Saunders, Environmental Services
Administrator Lorenz, replied that at least 20 firms were represented
~. at the pre-bld proposal meeting.
~ :~ Commissioner Saunders announced that there may be some confusion
regarding direction given to Staff. He reviewed excerpts from the
minutes of November 2, 1993, and clarified that it was his Intention
to do a Request For Qualifications (RFq) to select appropriate firms.
He stated that after the firms were selected a detailed Request For
Proposals (RFP) would be presented to the Board in June or July.
Commissioner Saunders reported that he has received a letter
from Environmental Reclamation Services, Inc. requesting that the
RFP/RFq be amended for clarification; in particular the exclusion of
· . firms with less than a five year history and the time period given to
review the great amount of data related to the proposal.
Commissioner Saunders commented on a letter from Young, Van
Aesenderp, Vernadoe & Benton, P.A., requesting clarification on the
'i/! Board~s direction regarding the two separate RFQ's.
Commissioner Saunders reiterated that tt Is his intention to deve-
lop an RFQ for the Landfill Maximization and another for approaches to
solid waste. He advised that in the Interest of time, Staff focus on
the RFQ for the two Issues and that once firms are chosen proceed with
'=i!,'the RFP process.
Commissioner Matthews suggested that the five year history be con-
sidered as a factor but not a controlling factor.
Commissioner Volpe recalled that It was also his Intention to do
the RFQ and then the RFP. He disclosed that the five year history
' should not arbitrarily exclude some corporations but their qualifica-
tions, financial background and personnel should be evaluated.
~.; mollcited froaquallfled flr~ ~ntarested In doing business In Collier
Count~ in tsr~ of dealing with the optimization of l~ndfllllng at our
current landfill and the long te~ solution to ou~ Solid N~tm plan~
· .' Page 7
for m ~hort period of tim ~nd that the RFQ ~ould b~ responded to in ·
tiM1y fashion which ~uld lead to R~mmt For Pro.maim (~) fro·
those mmlmcted fir~m to deal with these ie~uee.
In response to Commissioner Volpe, Mr. Lorenz confirmed that the
existing RFP is for sate optimization and management of the landfill.
Be stated that there is also an RFq that deals with the volume reduc-
,. elan and long term strategy.
County Manager Derrill advised that it was Staff'e understanding
;<[/.that the Board wanted to deal with companies with a proven track
~(f? record.
County Manager Derrill admitted that Staff may have misin-
terpreted the Board's direction. He remarked that currently there
a RFP regarding landfill management, gas management and landfill
/operation. He confirmed that there Ia currently an RFq for alter-
native disposal means and methods.
Commissioner Saunders confirmed that the Board wanted to become
familiar with two or three farms and then Issue a RFP fro· those small
,list of farms.
,::- ColAseisner Saunders clarified that the effect of the ·orton on
the floor Is that the existing RFQ wall remain, but existing RFP on
landfill management wall be withdra~n and replaced with RFQ for farms
Interested An m~a~in~ our extstln~ l~dfill.
/ In response to Commissioner Volpe, Mr. Lorenz responded that the
existing RFQ does not have the 5 year limitation.
Comuimeioner Volpe emcondad the ·orlon on the floor.
In answer to Commissioner Volpe, Mr. Lorenz confirmed that the new
RFQ will be Issued in two weeks.
:~:,, Caniseisner Matthews remarked that she would like to include in
~'i:[the RFQ. a request for fairly, exacting financial data Including credit
~ .~,~ County Manager Derrill acknowledged that credit worthiness and
!"bond ability are crucial in the privatizatlon of landfill operations.
Page 8
3anusry 11, 1994
Co--tesioner Saunders agreed to a~end the motion to reflect that
point.
County Manager Derrill announced that he anticipates that the
Board will conduct Interviews to determine which firm the Board ranks
highest.
CouLiaaloner Saunders Boved, seconded by Commieelone~ Volp~ that
the ~leting Request For Proposals b~ withdrawn= replaced with m
request for financial Information b~ considered by the Boards and the
' Upon call for the question, the notion carried 4/0,
(ls20}
Item S10B
~*' !UPD&T~ 0N MJ~CO ISLAND CIVIC &~80CXATXON DXSCUSSXON8
Co~u~lesloner Matthews expressed concern regarding the reported
breakdo~ra in negotiations.
· Commissioner Volpe confirmed that as the Board's representative,
the negotiations that are occurring between the Board, the Marco
Island Civic Association (MICA) and Mr. Antaramlam are ongoing. He
',. announced that he Is still optimistic that a compromise may be
achieved.
(1724)
xtm. w18 (2)
: '~". D~SCU~SZOI 0N &PPOINTt~NT OF AIRPORT AUTHORITY DIR~CTOR - C0ITIIUND TO
: !'3&NUAI~ 18, 1994
Tom ~hitecotton, Human Resources Director, recalled that he
!lieformed the Board the he was unable to negotiate with the top three
~'~andidateo for the executive director of the Airport Authority. He
reported that the Airport Authority met yesterday and recommended
~ another candidate.
:~[~George ~. Barron, St., Chairman, confirmed that previously three
Candidates were recommended for the position of Executive Director.
He maintained that there was a gentleman who originally wam the
Page 9
Januar~ ll, 1994
i~!,~.~nmaber one choice, but a further investigation into has background
was proposed which resulted An his descending into fourth place.
Mr. Barron stated in the lnterta, Information ham developed that
alleviated any doubt in Mr. Drury'e qualifications He confirmed that
i:Nr. Whitecotton will present the Board with Mr. Drury's resume and a
letter for their perusal.
County Manager Dorrlll confirmed that this Area le scheduled to be
~.heard at the meeting of January 18, 1994.
R~0LUTX0~ g4-16 R~ ?E~X~ON CC~L-g3-8~ RONALD ~, ~T~X~R ~PR~SENTXN~
CO~~O~ ~~ L~ V~X~C~ TO ~LON ~ ~TAX~ OF A DECK
~DZT~ON ON LOT~ 44, 45 ~ 46, BLO~ A, ~P~T OF ~ZT NO. 1, C0~8
V~ILT B~ ESTA~8 - ~D ~ STZ~TZO~
Legal notice having been published In the Naples Daily News on
December ~6. 1993, as evidenced by Affidavit of Publication filed with
the Clerk~ public hearing was opened.
John Mada~ewski, Pro~ect Plan Review Manager, explained that the
.!.~etttioner w~shes to retain the 10 foot wide by 26~ foot long addition
~(-to a deck which was approved by the Board of County Commissioners in
1984.
~r. MadaJewskl reported that Staff recommends approval of the
In response to Commissioner Volpe, Mr. MadaJewski replied that all
~review~ng agencies have recommended approval.
In answer to Commissioner Volpe, Mr. Statler, representing the
petitioner, replied that the deck was constructed pursuant to a permit
~?.,that was issued by the County. He stated that the condominium asso-
ciation came back to apply for a permit for a Chickee Hut and found
'that a variance to the coastal setback line should have been sought as
~ .well as a permit.
In response to Comm~ssioner Constantine, Mr. MadaJewsk~ confirmed
i~'iithat the original petition was for a 34 foot wide by 26~ foot long
']:d~ck that extended past the control line, and in 1990 m building per-
Page 10
was g~'~en ~or a ~0 ~oo~ ex~ens~on ~o ~he deck ~o the aou~h ~hich
was an ove~eig~ by County S~&~.
:" Mr. Statler presented the Board wi~h a letter of support for the
variance.
Chairman Constantine closed the public hearing.
. ~.: C~.~lall~aer Volpe ~oved, seconded ~ Co~la~Aoner ~tt~ to
a~ ~tit~on CCSL-93-8, ~bJec~ to Staff stl~lat~o~.
U~ call for the ~stion, the ~t~on c~r~ed 4/0.
Page
(22so)
#12c2
11, 1994
~..~:-ORD/X,UI'CI 94-1 1!~ ORDIII&XC~e A.N~ND*rNQ ~ ADZqUA'I~ PO~r, Ic FACZLITZZS
~i ORDTN&J'C~ NO 93-82 TO CORRECT SCR'rV~.X~E.R'S ~ROR IN SUBSECT'r011'~ '7.4.1
AND 6.2 JLRD PROVIDING FOR &N ~!F'F~CTTV~ DAT~ - ADOPTED
Legal notice having been published in the Naples Daily News on
December 21, 1993, as evidenced by Affidavit of Publication filed with
~.the Clerk, public hearing was opened.
~i ~ Barbara Cacchione, Senior Planner, etated that on November 3,
the Board adopted the Adequate Public Facilities Ordinance No. 93-82.
/~ She stated that there were tHo sections in the Ordinance that con-
;'rained errors.
In response to Comnieeioner Constantine, Me. Cacchione confirmed
.'[ that these errors are merely ecrivener's errors.
Chairman Constantine closed the public bearing.
Colliesloner 6sunders moved, seconded by Colliesloner )tatthe~l and
carried 4/0, that Ordinance 94-1 ~lending Ordin~nce NuMber 93-82, be
adopted and entered into Ordinance Book 65.
Itel #1203
I~SOLUTION 9(-17 RE PETXTXON AV-93-006 TO VACAT~ A 60 FOOT ROAD
RX~T-OF-NAY FL~TTED AS FIRST AVENUE NORTH AS SHOWN ON TR~ PLAT OF
.:'.EASTOVER-ADOPTED
Legal notice having been published in the Nap/es Daily News on
December 26, 1993, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing ~aa opened.
Russ Muller, Transportation Engineer, described the location of
'the property and explained that the petitioner is requesting this
vacation In order to build closer to the right-of-way. He stated that
"he has not received any letters of objection.
Mr. ~uller remarked that there has been a value placed on these
'properties. He said that ~hen combined to the adjacent properties the
of the road is between 625,000.00 and $48,000.00. He revealed
that the portion that would revert to the petitioner is between
Page 12
January ll, 1994
$6,000.00 and $11,000.00. He Indicated that the public benefit of the
proposed vacation could be that the expansion of the business may
create more Jobs in the area.
· Mr. ~uller announced that Staff recommends approval of Petition
AV-93-006.
~'" In response to Commissioner Matthews, County Manager Derrill
i.~!:.~i conf~rmed that the road is a public right-of-way but not accepted,
..therefore, not part of the County'a maintenance obligation.
Commissioner Volpe commented that the road must provide access to
someone. He asked what is it being used for and by whom?
· Mr. Muller explained that the road is being used by the adjacent
[property owners that access it from Jerome Street which Is a paved
road and Jefferson Road is a limerock road which is more of a driveway
;~than road.
In answer to Commissioner Volpe, Mr. ~tuller confirmed that adJa-
cent property owners will continue to use it as a driveway but the
County will have reduced liabilities on the road with no maintenance
responsibility, but will receive additional ad-valorem taxes.
Transportation Services Administrator Archibald confirmed that
.~thIs right-of-way has never been built as a public thoroughfare and
:;('will probably continue as a private alley way for those three owners.
Angela Abell, representing the petitioner, stated that the pro-
· party is largely an alley where cars are parked a good portion of the
'time, which is verified in photographs taken by Mr. Muller.
Commissioner Matthews confirmed that she is familiar with the road
and mentioned that an auto body shop frequently uses the entire right-
J;,:of-wa¥ for automobiles.
In response to Commissioner Volpe, Ms. Abell confirmed that the
:'petitioner owns all the property to the north and that It Is currently
~j"tised am a tomato packing house.
Jack Johnson spoke on the subject.
Commissioner Constantine stated that there le obviously m benefit
i, to the businesses as there is no detriment to the community and the
Page 13
January 11, 1994
ad-valorem value may tncre&ee along with the bus~ness that Is there.
i.~ Conu~tseloner Natthews concurred.
'.? c~rt~ 4/0, to a~r~ ~t~t~on AV-93-008, there~ adopting
." Re~olutton 94-17.
~n response to Commissioner Volpe, Nr. W~lklson, representing the
petitioner, replied that the bus~ness d~d go through a mite develop-
ment plan process approximately three years ago and did at that ttme
comply w~th the Land Development Code and any addltlon&l Improvements
to the 8~te will be developed through the site development process ae
well.
Page 14
January 11, 1994
xtm~ #12c¢
!t~SOLXT~ION 94-18 ~ P~X~XOR A~-9~-022, A. 3. ~ZGGX~X &$ &G~ ~R
::~, ~~ F~ D~LO~, XNC., ~Q~STING VACATION OP A
~RTION OF A ~ F~T D~INAOE EAS~ LOCATED ON A ~RTXON OF LOTS
24-25 ON ~ P~T OF B~S~ AT ~~RE - ~PTED
Legal notice having been published In the Naples Daily News on
December 26, 1993 and January 2, 1994, am evidenced by Affidavit of
Publication flied with the Clerk, public hearing was opened.
Russ Muller. Transportation Engineer, described the location of
the property. He explained that the petitioner wishes to Incorporate
dthree lots into two lots In order to construct a larger home. He
,:indicated that there Is a drainage easement located on the building
mite which will need to be vacated in order to allow for a lot line
adjustment. He reported that he has received no letters of objection.
Mr. Muller announced that Staff recommends approval.
Chairman Constantine closed the public hearing.
In response to Commissioner Matthews, Mr. Muller clarified that
one drainage easement will be vacated and substituted with another.
Co~tmstoner Volpe moved, seconded by Coulmmtoner Natthe~e ~nd
'carried 4/0, to approve Petition AV-93-022, thereby adopting
Resolution 94-18.
Page 15
$enuary 11. 199~
*** Rs<:ess: 10:35 AM - Reconvensd~ 10=50 AM at which tl~e Recording
Sec~et~r~ Fs~nley replaced Recording Sacreta~ ~rb~rett~ ll~
Item l13A1
RESOLUTION 94-19 RE PETITION FDPO-93-4, ANDRE~ SALUAN, R~PI~SENTING
BAYPOINT DEVELOPMENT, LTD, R~QUESTING A SEV~XFOOT (7t) VARIANCE FROM
THE REQUIRND MINIMUM BASE FLOOD SL~VATION OF THIRTEEN F~NT (23t) N~VD
TO SIX FE~T (6t) N~VD FOR PROPERTY LOCATSD AT 25 BLU~BILL AVENUE,
FURTHER DKSCRIBED AS A PORTION OF TRACT "A," BAKER-CARROLL POINT
SUBDIVISION, IN SKCTION 20, TOWNSHIP 48 SOUTH, RANGE 25 EAST - ADOPTED
Legal notice having been published In the Naples Daily News on
December 26, 1993, as evidenced by Affidavit of Publication flied with
the Clerk, public hearing was opened.
Bob Mulhere, Current Planning Staff, stated that that the peti-
tioner is requesting a seven foot (7') variance from the required
13 foot flood elevation to allow for bath facilities for m pool and
recreational area in a multi-family project.
Mr. Mulhere stated that the Board has approved five (6) similar
variances since 1990 in support of recreational facilities.
Co~lssionsr Constantine cloesd the public he~ing.
Commits/our Volpe moved, seconded b~ Centsstoner Saunders and
c&Frted 4/0, to approve Petition ~DPO-03-4, thereby adopting
Resolution 94-10,
Page
Item
3anuary 11, 1994
l~ESOLUTION 94-20 IrE PETITION AN-93-4, PAUL LISTENBERGER OF C.R.
FLORIDA, INC., ~S~ING HSU~ I~ATION~, INC., ~Q~STING A
163 ~ NA~ ~ ~ MINI~ ~QUI~D ~EP~TION OF 500 ~ET
~ ~C~S S~VING ~COHOLIC B~G~S FOR OR-~IS~ CONS~ION
~ ~~S ~R A ~STA~ LOCATED AT 109S NOR~ COLLI~ BL~, ~
A ~TI~ SgP~TION DIST~CE OF ~37 ~ET - ~D
Legal notice having been published in the Naples Daily News on
December 26, 1993, as evidenced by Affidavit of Publication flied with
~ ~ the Clerk, public hearing was opened.
Bob Mulhere, Current Planning Staff, stated that a latter was
received from the Rector of St. Mark'e Episcopal Church voicing no
ectton to this petition.
Mr. Mulhere stated that the restaurant Is located within the Town
[[*i Center Shopping Mall on Marco Is/end and there are a number of other
restaurants within the shopping center serving alcoholic beveragee:
however, they are not within 500 feet of the church.
Mr. Mulhere stated that the 500 foot distance ie measured from
the outside wall of the establishment to the closest property line of
the church in the case of shopping centers. Mr. Mulhere etated that
the restaurant and church are separated by a fence, a Chevron Service
Station and the Elkcam Circle right-of-way and that the entrance to
the restaurant and parking face away from the Church.
In response to Commissioner Saunders, Mr. Mulhere responded that
)':*' the shopping center is over 15 years old and that the zoning code in
effect in 1982 did require the 500 foot separation.
Herbert Savage spoke on this item.
In response to Commissioner Volpe, Mr. Mulhere responded that the
one (1) stipulation contained in the Resolution is that alcohol sales
not exceed 49 percent of the total food and alcohol sales for the
~.bustnese.
Mr. Mulhere stated that the 500 foot separation makes sense but a
~..revtew of how the separations are applied In other cities could prove
Page 17
~anuary ll, 1994
')i. Mr. Mulhere related that the establishment also is within one
the two (2) activity centers on Marco Island. Mr. ~ulhere stated
that the applicability of the separation relative to couarclally
:'zoned properties and commercially zoned properties within activity
ere needs to be analyzed.
Commissioner Constantine stated that these waivers should con-
tinue to be reviewed on a case-by-case basis.
Commissioner Saunders stated that the County ordinance addresses
the physical barrier between establishments serving alcoholic bayers-
es and protected facilities. Commissioner Saunders pointed out that
fence, gas station and a right-of-way are irrelevant based on the
ordinance.
Co~alesion~r Const&ntine closed the public hearing.
Co~m~ssioner Yelps a~ed, seconded ~ Coriolisnet ~th~ ~d
AN-93-4, there~ adopting Re~olutlon 94-20.
the vlab~ltW of the 500 foot secretion ~d h~ tt sh~ld ~
Page 18
January 11, 1994
i~)!~'PETITIONCU-93-18, NILLIAM L. MCDANIEL, REPRESF~TING TH~ INDEPENDENT
' CHURC~ OF GOD, R~qUESTING CONDITIONAL USE WIN OF TH~ RMF-6 ZONING
DISTRICT FOR A ~UuACH ON PROPERTY LOCATED AT 3709 ~UILFORD ROAD,
BLOCK A, LOT 5, ~UILFORD ACRES, SECTION 13, TOt~N~HIP 50 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA - CONTINUED TO JANUARY 28, 1994
Legal notice having been published in the Naples Daily News on
i/December 26, 1993, as evidenced by Affidavit of Publication filed with
;:the Clerk, public hearing was opened.
After a brief discussion, William L. McDanlel, representing the
petitioner, requested that Petition CU-93-16 be continued to
y 25, 1994.
.:L'd'l~' Comics/Gnat Yelps Roved, seconded by Comiee/oneF MatthM and
4/0, to continue Petition CU-93-18 to January 25, 1994.
Item #13A4
PETITION NUMBER FDPO-93-5, H~RBERT SAVAGE, REPRESENTING DOROTHY
CLIFFORD, R~qUESTI~ A 1.5 FOOT VARIANCE FROM THE NININUMBASE FLOOD
ELEVATION OF 10 FEET N~VD AS REQUIRED BY FLOOD DAMAGE PREVENTION
ORDINANCE (FDPO) NUMBER 87-80, AS AMENDED, ON PROPERTY DESCRIBED AS
LOT 22, BLOCK 38, MARCO BEACH UNIT 2, TOWNSHIP 82 SOUTH, RANGE 26
EAST, SECTION 5, COLLIER COUNTY, FLORIDA - DENIED
Legal notice having been published tn the Naples Daily News on
December 26, 1993, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened.
Wayne Arnold, Senior Planner, stated the this variance ia being
requested in order to add a second story addition to the residence of
Dorothy Clifford which will necessitate adding additional footage to
the existing first floor level to accommodate the stairway to the
ioecond level.
Mr. Arnold related that there Is an existing residence on one
side of the property at the same elevation as Mrs. Clifford'a reel-
dance and a vacant lot on the other side which when developed will
.:~have to meet the required 10 foot elevation.
f',~: Mr. Arnold stated that there 18 no hardship relative to adding
/'~tha second story addition and Staff le recommending denial of this
Page 29
~anuar~ 1~ lgg4
Petition,
Mr. Arnold pointed out that all other County agencies have recom-
i': mended approval.
In response to Com~lasioner Matthews, Mr. Arnold related that the
:' area requiring the variance will house the stairwell and adds to the
existing Bedroom to compensate for the area lost due to the stairwell.
Herbert Savage, Architect, representing Dorothy Cliffford, ateted
that Mrs. Clifford is a widow from New York and a winter resident.
Mr. Savage related that she would feel more secure with an upstairs
""bedroom. Mr. Savage stated that there are ?60 square feet on the
i:~i ground level which would be affected by the flood elevation require-
Commissioner Matthews questioned why the stairs to access the
i~/second floor could not be placed 1.5 feet higher than the existing
~;. bottom floor elevation.
Mr. Savage responded that a step-up would be awkward and Incon-
sistent with the existing living space.
In response to Commissioner Volpe, Mr. Savage etated that a back
!!'i flow preventer in the septic tank system for the upstairs bathroom
]!!': facilities could be installed but the existing bathrooms could still
~: ~ experience water contamination in case of flooding.
Mr. Arnold stated that there has not been any flooding in the
'il. subject area in over 30 years and that 8.5 feet is consistent with the
,. subdivision. Mr. Arnold related that Staff ts not recommending back
flow valves.
Coltseisner Constantine closed the public hearing.
Co~ssioner Volpe ~oved to approve Petition FDPO-93-5 ~nd
i ~econded by Co~tesioner Constantine.
Commissioner Saunders stated that the Federal Flood Insurance
program should be a consideration In granting this type of variance.
Mr. Arnold responded that Collier County and the City of Naples
~ addressed the Federal Flood Insurance progra~ which resulted in amend-
i!~msnts to the County Code in 1990 and established criteria for flood
Page 20
January 11, 1994
Mr. Arnold stated that good and sufficient
i: elevation variances.
~:[,cause, hardship, and flood damage to the subject or adjacent property
~?~!' are considerations.
~'*/' ' Upon call for the question, the ~otIon failed 1/$ (Co--lee/seers
Saunders, Matth~w~ ~d Const~t~ne op~eed).
ltea e13A5 - Nlthdra~
X~ou ~13A6
~SOL~X0~ 04-2X ~ PETXTXON V-03-30~
~STXH~ rX~ root
~ SO~ SX~E Y~S OY XS ~ET TO
~ ~ST SXDE OF HXD~MAY OXRO~E
BLO~ ~6~ HXD~MAY B~CH -
Legal notice having been published in the Naples Daily News on
.~, December 26, 1993, as evidenced by Affidavit of Publication filed with
· the Clerk, public hearing was opened.
Wayne Arnold, Senior Planner, stated that this variance Is being
i;~.~/,requested In order to construct a single family residence In
:"Compliance with the Hideaway Beach Homeowners Association minimum
71 square footage for air conditioned floor space of 2,400 square feet.
Mr. Arnold explained that at the time the petitioner bought the lot,
the minimum square footage under air conditioning was 1,800 square
!:..-feet. Mr. Arnold related that the lot is approximately 80 feet wide
%'. in the front while the rear yard Is approximately 55 feet wide. Mr.
~:!: Arnold stated that construction of the residence with the required
15 foot side yard setback would result in & long, narrow building con-
ft~uration, limiting floor layout options.
· Jack Miller, representing petitioner Lorenz Reader, stated that
,+: the adjacent property owners do not object to thio variance request.
Mr. Miller related that this structure Is a stilt home with one living
· level with parking underneath. Mr. Miller stated that two living
levels would be necessary to meet the 2,400 square foot
without this variance. Mr. Miller explained that this would result In
i!/: a structure three stories high and very narrow; approximately 29 feet
wide as opposed to a proposed construction width of 40 feet.
Page 21
':' Courtlesions= Constantine c2oeed the public heaztng,
Coe~lssioner Saunders riored, seconded by Connisstone~ Hatrheim
~d c~ried 4/0, to approve Petition V-93-30, thero~ adopting
P&ge 22
'Item
~:DXSC~BSX0]I It~GA]tDXNG AIR CARGO (]Ol~A]r~
3artusry ll, 1094
Commissioner Matthews stated that an article appeared in the
Naples Daily News this morning relative to an air cargo company, Ebony
Air, possibly locating at the Xmmokalee Airport. Commissioner
Matthews related that the Airport Authority heard this issue yester-
::~":~" Commissioner Matthews stated that the air cargo company is
interested in forming a CDC (Conununlty Development Corporation).
Commissioner Matthews advised that she has contacted Mr. Dennis
~i Peterson, an officer in Ebony Air, and he will be submitting a aksle-
'ton draft of the CDC tomorrow.
Commissioner Constantine stated that h/ring an Airport Author/ty
Commissioner Volpe stated that County Attorney Cu¥1er should
i(:'review all information for a legal prospective of a CDC.
Countw~ Attorney Cu¥1er etated that he will review all lnfoz~ation
received.
(1622)
Item e14(3)
DISCUSSION ~GARDING COLLIER BUXLDING INDUSTRY ASSOCIATION 8TUD~ ON
IMPACT FEES
Commissioner Matthews stated that information has been received
from the CBIA representing a compilation of studies on impact fees and
different ways of assessment rather than by the unit which ie
., regressive; the same fees are charged for construction of a 1,200
..:. square foot house or a 6,000 square foot house.
Commissioner Matthews related that the study shows there are a
variety of methods for assessing impact fees, including the square
;,i. .footage, per acre developed, per bedroom, and anticipated number of
occupants. Commissioner Matthews stated that impact fees assessed as
· a percent of value is being challenged.
Page 23
January 11, 1994
:,' 0ounW Attorne~ Cu¥1sr stated that he will review the $n£or~atlon
0XT~/COD~r~T ~0XIT MEFrXNaS - MAY 11 AND ~E~TIMB~ l&, Xgg4 - A001PTID
~':' ' Admin~stratlve Assistant to the Board Fileon stated that the C~t¥
of Naples has proposed Wednesday, May 11, 1994 and Wednesday,
September 14, 1994 for the Joint City/County advertised public
hearings and would like authorization to place the meetings on the
:11 Board of County Commissioners calendar.
It w~s the co~en~s of the ~d to accept the ~teo of
Ne~eo~y, hy 11, 1994 ~d We~elday, Septlahr 14, 1994 fo~ the
C~/C~ Joint ~et~ngo.
Co,Isotoner Volpe reminded Board that a tentatSve meeting with
~f":'.the Lee County Couission has been scheduled for Thursday, May 5,
.~994.
DIS~SION ~I~ PRODU~IVI~ C~I~ VAC~CIES - TO
Administrative Assistant to the Board Fileon stated that four (4)
vacancies on the Productivity Committee were advertised but only three
(3) resumes were received. Administrative Assistant to the Board
Ftlson related that the President of the Productivity Committee has
requested that the three applicants be appointed.
In response to Commissioner Constantine, Administrative Assistant
to the Board FIlson stated that the advertisement was not printed in
ii!ii~.the Naples Daily News which may be why the response was small.
County Manager Derrill stated that he has a call Into the Naples
~ Daily News and he will discuss the matter.
?:': It wl~ the coneenwue of the Board to readyattila the vacancies
for the Productivity Committee.
Administrative Assistant to the Board Fllson stated that she
Page 24
.that there is a vacancy on the Airport Authority Board and has
two (2) resumes but has not received a resignation letter.
Administrative Assistant to the Board Fileon etated that she
l~!'believea the Airport Authority Board declared the seat vacant yester-
day but that the Board of County Coemtaalonera needs to declare At
vacant as opposed to the Airport Authority.
Commissioner Matthews stated that the Board say not receive a
resignation for the seat that is vacant.
County Attorney Cuyler stated that a resignation is not necessary
~iJ'aa the Ordinance provides that it "causes" a resignation.
Commissioner Constantine requested that the Board be updated on
this situation next week so that, Af necessary,
seat vacant.
they can declare the
*(lole)
?~STRATEOIC OOALS~ORXSBOP DATES - MONDAY, F~BRUA~Y 7,
1994
County Manager Dorril! stated that as requested by the Board, he
~[~': has contacted Professor Martin who suggested three (3) possible dates
! for the first strategio goals workshop~ Thursday, February S, Friday,
February 4, or Monday, February ?, 1994.
It was the consensus of the Board to schedule the mtlng
Monday, February 7, 1994 at 9:00 AM at · location to be dotex~Aned.
see Co~laaAoner Volpe moved, ascended by ComAseisner
~tt~ ~ c~rAed 4/0, that the rallying ~te~ ~de~ the c~-
~t ~ ~ approved ~d/or adoptod~
Item #16A1
'FINAL FLAT OF 'MAPLENOOD UNIT ONE' - NIT~ STIPULATIONS LXST~D XNT~E
mcuTrv~ ~
fINAL PLAT OF "STERLING OAKS" - NITll BTZPULATXONS LISTED
!.Item #16A3
i~.'A¢¢IPTAM¢I or LETTER or ¢RKDXT FOR SBC~2RXTY FOR EXCAVATXON PI~qMXT NO,
"FALCONS GT~ER VILLAS"
RESOLUTION 94-12 GRANTING FINAL ACCEPTANCE OF THE ROADMAY, DRAIHAOl, MATER
AND SEWER IMPROVEMENTS FOR TIIE FINAL PLAT OF BQUEKNB PARK AT LAGO
V~ltDE, PHASE FOUR" ~ RELEASE 0F MAINTENANCE SECURITY
See Page~. ffA
Item #16A5
RESOLUTXO~ 94-13 ~RANTXNG FINAL ACCEPTANCE OF T~E ROADWAY, DEAXNAGE,
NATER AND SEWER XMFROVEMENTS FOR THE FINAL PLAT OF "WILSHXI~ LAKES,
I~,SE FOUR" AND RELEASE OF MAIFI'~NANCE SECURITY
See Page~?
Item #16A6
MATER FACILITIES ACCEPTANCE FOR TALL OAKS, PHASE XI-A - MITH
STIPULATIONS LISTED IN TH~ EXECUTIVE SU~e4ARY
NOTE: DOCUMENTS NOT RECEIVED AS OF $/9/94
Item ,16A7
WATER FACILITIES ACCEPTANCE FOR LE DAUPIIIN CONDOMINXD~q
STIPULATIONS LISTED IN THE EXECUTIVE S~DO4ARY
RECORDED IN OR BOOK 1912 PAGES 1455
Item ,16B1
DEVELOPER COIFTRIBUTION AGREEMENT TO ESTABLISH CREDIT ON ACCOUNT FOR
ROAD IMPACT FEES WHICH MOULD OTHERWISE BE PAYABLE FOR THE DEVELOPMENT
OF PROPERTY OWNED BY ST. MONICA'S EPISCOPAL CHURCH, INC., ON IMMOKALEE
ROAD - WITH STIPULATIONS LISTED IN THE mCUTIVE S~JO(ARY
Xtem ,36B2
See Pages ~ ' 7/
SPECIFIC PROCESSING CONDXTXONS TO AN EXCAVATION PERMIT APPLICATION FOR
THE S.R. 951 P'ROJ~CT AND NSGOTIATE AGREEM~IT kITH FBE ONNER OF M&RC0
SKORES UNIT 30 EXCAVATION SITE
Xtem,16B3
DESISNATE COUWTY-OW~KD PROPERTY IN VANDERBILT BEACH AS ROAD
RIgHT-OF-WAY FOR THE PURPOSES OF FERMXTTING THE INSTALLATION OF
SIDEMALE, SX~NING, AND LANDSCAPING IMPROVEMENTS
Item ,16Cl
RBSOLUTXON 9~-14 RE EXPENDITURE OF COUNTY F~NDS RBLATXVE TO AN&RDS
RECOGNIZING CO~B~UNXTY SERVICE GROUP~
Item ,16D1
AMARD BID ,93-2112 FOR ODOR CONTROL URXTS TO BRANCH ENV~RONMEIITAL
CORPORATION OF SOMERVILLE, NSW JERSEY
Itel #16D3
CON~:XT TO U~ FJ~IIT &GR~31T - C0LLI~R*S
· Itel #16H1
Itel #16Z2
CO]I~I'RUCTION COl~R~CT TO ~ L~ST B~DD~, ~AC-~OR~, ~NC., FOR
"* ~& ~ BL~./LO~ BL~. ~-~ZNG ~~ BID NO.
93-2103
#163
H/SC~.L,IA~OU~ COR.I~PORD~:NC~ - FILED JUI'D/0R
The following miscellaneous correspondence was f/led and or
referred as presented by the Board of County Coatestoners:
Page 27
3anuar~ 11, 1994
~ATI~FACTXOW OF ~l~ ~R S~/CgS OF ~ ~LIC D~~ ~R C~ ~S.
~ 95-695~ ($25.00), 93-949-C3A ($50.00), g3-1554-~ (12.50),
92-T~51~ (862.50), 93-2002-~ ($25.00), 92-140T-C~A (~50.00)
See Pagea
Xte~ #16K1
*RESOLUTX0)I 94-15 ~ ~0~ 3~S ~ ASS~XA~S, X~C. TO S~ 104
(~,' S~S.OF C~W STOCX
?, OX ~ OF ~ CO~
Se. Peg..
Xtem #16L1 - Continued to 1/18/94
There being no further for the Good of the County,
adjourned by Order of the Chair - Time: 11:50 A.M.
the neetAng wao
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/KX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS
co .o
or ao corrected
Page 28