BCC Minutes 07/30/1991 R Naples, Florida, July 30, 1991
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 ~GULAR SESSION in Building
"F" of the Government Complex, East Naples, Florida, with the
following members present:
CHAIRMAN: Patricia Anne Goodnight
VICE-CHAIRMAN: Michael J. Volpe
Richard S. Shanahah
Max A. Hasse, Jr.
Burr L. Saunders
ALSO PRESENT: James C. Giles, Clerk; John Yonkosky, Finance
Director; Ellis Hoffman, Annette Guevin, Debby Farris and Wanda
Arrighi, Deputy Clerks; Net1Dorrill, County Manager; Jennifer Pike,
Assistant to the County Manager; Ken Cuyler, County Attorney; Frank
Brutt, Community Development Services Administrator; George Archibald,
Transportation Services Administrator; Tim Clemons, Utilities
Wastewater Director; John MadaJewski, Project Review Services Manager;
Ron Nlno, Planner; Sue Filson, Administrative Assistant to the Board;
and Deputy Byron Tomlinson, Sheriff's Office.
000,, Of
Page
July 30, 1991
Comm/eeloner Shanahen moved, seconded by Commissioner Hues and
c~rried un~nimouel¥, that the egenda be epproved with the following
2o
Item #12D - Discussion regarding Affordable Housing Point
Person. Added and to be discussed at 10:00 A.M. (Requested
by Commissioner Goodnight).
Item #16A2 Moved to 9A3 - Recommendation to grant final
acceptance of the Roadway, Drainage, Water and Sewer
Improvements for the final plat of "Quail Creek, Phase One".
(Requested by Commissioner Hasse).
Item #12A - Discussion regarding April Circle - To be heard
at 2:00 P.M.
Item #7B2 - Petition PU-91-3 - Communication Tower for pro-
perty located 8.5 miles East of 1-75 - To be heard at 1:00
P.M.
CONSENT AGENDA - APPROVED AND/OR ADOPTED
The mot/on for approval of the Consent Agenda is noted under Item
MINU~S OF TH~ R~ULAR MEETING OF JUN~ 4, 1991, SPECIAL MEETING OF
JUNE 5, 1991, REG~R MEETINGS OF JUNE 11 AND JUNE 18, 1991, SPECIAL
ME~TING OF JUNE 18, 1991, ~ WORKSHOP OF JUNK 24, 1991 - APPROVED AS
Co~mieetoner Shanahen moved, seconded by Coatesloner Easse and
carried unanimou~l¥, to approve the Minutes of the Regular Meeting of
J~e 4, 1991, S~clal Meeting of J~e 5, 1991, Re~lar Meetings of
J~e 11 ~d J~e 18, 1991, S~clal Meet~n~ of J~e 18, 1991, ~d
Wor~p of J~e 24, 1991.
~~E SEnICE ~S - ~SE~ED
Commissioner Shanahen congratulated the following Collier County
employees and presented their service awards:
Vladimir A. Ryzlw, Surplus Gas Tax Road Const. - 10 years
Jon Flomerfelt, Utilities Water Operation - 5 years
Jesse J. Komorny, Jr., Utilities/Water Operation - § years
Michael K. Arnold, Utilities/Administration - 5 years
CERTIFICATES OF APPRECIATION - PR~SKNTED
July 30, ~99!
Co~miseloner Goodnight recognized Collier County employees, Sgt.
Oscar Munoz, U.S. Marine Corps., and Sgt. Don LaPiere, U.S. Army for
their recent participation in the Middle Eaet. She presented
Certificates of Appreciation for representing the United States during
the Desert Shield/Desert Storm Operation.
Page 3
July 30, 1991
Legal notice having been published in the Naples Daily News on
July 11, 1991, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened to consider Petition PUD-86-17(1),
Kathleen C. Passtdomo of Hatter, Secrest and Emery, representing Levitt
Homes at Emerald Lakes, Inc. (Florida), requesting a fezone from PUD
to PUD known as Bridget Lake PUD for property located 1/4 mile West of
Airport-Pulling Road, approximately 1.5 miles North of Pine Ridge
Road, containing 148.27 acres, more or less.
Planner Schell advised that the petitioner As requesting a POD
amendment to the Bridget Lake PUD for the purposes of amending the PUD
document to the Master Plan. He reported that the changes include:
change of PUD name; change of ownership; and the deletion of an engi-
neering stipulation which is no longer needed.
Mr. Schell stated that this petition has been found to be con-
sistent with the Future Land Use Element of the Growth Management
Plan, noting that Staff and all appropriate agencies recommend appro-
val subject to the following stipulation:
Tract "H" ~hall be amended to reflect current and future use of
the proposed parcel.
Mr. Schell explained that the Collier County Planning Commission
reviewed said petition on June 20, 1991 and recommended approval, sub-
Ject to Staff's stipulation and one additional stipulation:
The name for this PUD shall be Emerald Lakes PUD.
Mr. Schell indicated that there were no speakers either for or
against this Petition at the CCPC meeting, and no correspondence has
Page 4
July 30, 1991
been received. He announced that the Planning Commission is recom-
mending that this petition be approved subject to their recommen-
dations.
Mr. Schell declared that this project is ca/led "Bridget Lake" and
the petitioner sought to name same "Emerald Lakes at Bridget Lake",
however the Planning Commission decided they would like to see the
project named "Emerald Lakes. He remarked that the entire project is
a single-family, multi-family project with a maximum of §2§ units but
the petitioner proposes to build a maximum of 521 units: 141 single-
family homes and S80 multi-family homes.
In response to Commissioner Volpe, Planner Schell replied that
staff is comfortable, in that the project is already under construc-
tion and has received preliminary site development approval, noting
that the condition relative to parking reads: "Where two parking spa-
ces per unit are required, 1-1/2 parking spaces may be paved at time
of construction with the additional one-half required space to be
reserved but not constructed until such time the Planning/Zoning
Director deems it necessary..."
Commissioner Hasse voiced concern with allowing 1-1/2 parking spa-
ces to be constructed. He cited many complaints from residents
expressing displeasure with insufficient parking and the fact that
they would be required to install the additional parking spaces after
construction. He suggested requiring two parking spaces per unit.
Commissioner Volpe concurred with Commissioner Hasse's suggestion.
Attorney Perry Peep/es, Agent for the Petitioner, stated that the
original PUD document which was approved in 1986 allows the developer
to construct 1-1/2 parking spaces per unit, reserving additional pro-
perty for the other 1/2 space, bringing same to a total of two spaces
per unit. He noted that at the present time, the property is set
aside and waiting for the requirement from the Planning/Zoning
Director.
Commissioner Volpe stated that there is an ordinance on the books
requiring two parking spaces per unit, noting that he does not
Page §
July 30, 1991
understand staff's rationale in this regard.
Mrs. Charlotte Westman, representing the League of Women Voters of
Collier County, requested clarification with regard to the final size
of the parks and recreation areas as addressed in Land Uses, Page 24
of the Executive Summary.
Planner Schell explained that the Petitioner has increased the
recreation/open space to five acres and the lake area is 57 acres. He
noted that the lake and recreation/open space are separate. He
reported that according to the Zoning Ordinance, water is counted as a
type of Land Use. He indicated that the gross density is based on the
entire acreage of th~ project.
There were no other speakers.
Oom~/esLoner H~sa ~oved, ae=on~ed
c~ ~t~ly, to close the ~bltc ~tng.
Csiseto~r Hues ~ved, seconded ~ Coatesloner Sh~ ~d
c~rt~ ~l~ly, that t~ Ordt~ce
~ ~~ ~bJect to the Plying Co~iaeton~s recomn~ttons ~d
t~ ~itio~l condition re~tring ~ co~leted parking spaces for
each ~tt, ~d entered into Ordi~ce ~ok No. 45:
O~IN~CE 90-66
AN ORDINANCE AMENDING ORDINANCE NUMBER 82-2 THE COMPREHENSIVE
ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAPS NUMBERED 9502N
AND 9502S; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT
DEVELOPMENT KNOWN AS BRIDGET LAKE PUD FOR A MAXIMUM OF 525
RESIDENTIAL DWELLING UNITS, FOR PROPERTY LOCATED APPROXIMATELY 1/4
MILE WEST OF AIRPORT-PULLING ROAD (C.R. 31), APPROXI~TELY 1.5
MILES NORTH OF PINE RIDGE ROAD (C.R. 896), IN SECTION 2, TOWNSHIP
49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONTAINING
148.27 ACRES, MORE OR LESS; AND BY PROVIDING AN EFFECTIVE DATE.
Ires 912D
DIS~SlON ~ ~~ HOUSING ~I~ PERSON - ~AG~ TO PROVIDE
~I~ ~O~S ~IN 30 DA~ ~
HOUS~G~TS/BUI~ING ~ITS D~ING PAST 18 MO~S
Commissioner Goodnight recalled that over the past few months the
County Commission directed the County Manager to develop a proposal
for a County Staff person to be responsible for assisting in the
implementation of the Housing Element and other issues associated with
Page 6
July 30, 199!
affordable housing in Collier County.
Commissioner Goodnight read a letter from Golden Gate Area Chamber
of Commerce President, Mark Strain, citing that many of Collier
County's citizens suffer under the financial burden of unreasonably
priced housing. The letter further states that the Golden Gate Area
Chamber supports C.U.R.E. in requesting the appointment of a high
level staff member to assume the responsibility of implementing an
affordable housing program in Collier County.
Ms. Ophelia Allen, Chairperson, C.U.R.E. Housing Action Committee,
stated that there are many people in Collier County who are concerned
about affordable housing. She announced that her organization feels
strongly that there is the need for a staff person, with authority, to
direct other staff to commit the Housing Element as a priority.
County Manager Derrill advised that there is a relatively small
Housing and Urban Improvement Department within the Community
Development Division who currently coordinate the Housing Element of
the Comprehensive Plan and will be staff liaison to a City/County
Joint Housing Commission that will be created as a result of the
Gemmission adopting a Resolution at the last meeting. He announced
that resumes are being received through August 23, 1991, for this com-
mission. He indicated that there are 4-5 individuals in the HUI
Department who handle the Section 8 Rental Assistance Housing Program
and the Gommunity Development Block Grant Program.
County Manager Derrill remarked that the Gounty does not work clo-
sely enough with the Collier County Housing Authority and offered to
explore whether and to what extent this Agency should be utilized
either under contract or via an interlocal agreement to work with the
Housing Gemmission.
Gommissioner Volpe stated that he feels that County Manager
Dorrill's suggestions are a course that he would like to see the
County Commission pursue. He suggested that the Board direct the
Manager to come back with various proposals in this regard.
Commissioner Shanahah indicated that he feels that it is important
Page 7
July 30, 1991
for the Commission to designate a person of authority, or to utilize
the Collier County Housing Authority, as coordinator.
Commissioner Goodnight explained that she has no problem working
with the Collier County Housing Authority, through a contract or
interlocal agreement. She Indicated that there are many Issues, which
have not been addressed, dealing with affordable housing and a staff
person under the Manager, could report directly to him on the various
projects which need to be accomplished before moving on to something
else. She related that this person would be able to meet with the
Manager on a day to day or week to w~ek basis and discuss the things
that need to be moved forward that the Housing Authority cannot do.
In answer to Commissioner Volpe, County Manager Dotrill replied
that he would be able to present various proposals to the Commission
within thirty days.
Commissioner Saunders related that the County has been working
with the Housing Authority but this is not what the C.U.R.E. group is
asking for. He reported that this group is requesting that the County
Commission recognize the importance of affordable housing by
appointing a staff person to be the person in control of affordable
housing and one who will continue to work with the Housing Authority.
He suggested that the Manager evaluate the types of programs from a
staffing level that are utilized in other Counties; obtain Job
descriptions for Affordable Housing Directors; and prepare same for
someone who would be a point person.
Commissioner Shanahah concurred with Commissioner Saunders' recom-
mendation, and noted that this person should be one to coordinate the
activities between all the groups.
Commissioner Saunders remarked that there is not a complete handle
on the number of affordable housing units that are needed in Collier
County and these need to be identified.
~msi~ner Shanahah ~oved, seconded by 0onisatonar Saunders ~nd
c~rrted unanimously, that staff be directed to put toilether · proilrmm
that coordinates all the efforts of &ffordabla housing through a ·tall
Page 8
$U1¥ 30, 1991
~ Of t~ Max~mr's choice, to coordinate with the Collier Cou~t7
11ousl~g &uthort~y ~d ~ iffor~ble H~tng Coutiiton, with recoa-
~tl~ ~t~ tn 30 ~; ~ t~t t~ ~ager tncl~e t~
~r ef affor~ble ho~ing ~tts/~tldtng ~ntts a~r~ed ~ the
~~i~ ~tM the ~t 18 ~nt~.
0~~ ~6~, ~ PETITION ~ 91-2, ~I~ R. VI~ OF VI~S ~
~S~~, INC., ~S~INO CITIES ~ SO~ ~UST CO. (~ORIDA)
N.l., ~~ING ~Z0~ ~ON A-2 TO ~ TO BE ~ ~ NOR~00~
~ ~ ~R ~ 1-75 I~~E NI~D USE CO~ FOR ~OPER~
L~A~ IN ~ NOR~T QU~ OF I-~5 ~ N~LES I~O~EE RO~
[~-846) ~ED S~CT TO ~ ~~ ~ ~DITION~ STI~TION
Legal notice having been published in the Naples Daily News on
July 11, 1991, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened to consider Petition PUD-91-2,
William R. Vines, Vines and Associates, Inc., representing Citizens &
Southern Trust Co., (Florida) N.A., requesting a change in the zoning
classification from A-2 to "PUD" Planned Unit Development known as
Northbrooke Plaza PUD.
Commissioner Volpe advised that this is a piece of ground in the
Northeast quadrant of the Immokalee Road/I-75 Interchange, noting
that he has a small beneficial interest in a land trust that owns a
nine acre parcel in the Southwest quadrant, and therefore will declare
a conflict and abstain from voting on this issue.
Planner Schell announced that the Petitioner is requesting a
rezone from A-2 to PUD, to be known as Northbrooke Plaza PUD, a mixed
use residential/commercial project. He reported that the project is
comprised of 43 acres, of which 39.9 acres encompasses the project,
and 2.8 acres is an access road which will eventually move further to
the north once development continues in the area.
Mr. Schell stated that surrounding land uses include: Quail Creek
Village, Quail II and Longshore Lakes to the East; a borrow pit Is
located to the North; to the West across I-7§ is the Regency Village
PUD and the Carlton Lakes PUD, proposed for residential and commercial
development; to the South and across 1-75 are undeveloped lands
Page 9
July 30, 199!
comprised of the Stiles PUD, Breezewood PUD and Donoran Center PUD
which are commercial PUD'e.
Commissioner Haese recalled that there have been tremendous
drainage problems on the North side of Immokalee road, East of I-7§
and questioned how this problem is being addressed. Mr. Schell
replied that the petitioner is required, according to engineering sti-
pulations to take into account the drainage incurred by the proposed
project.
Project Review Services Manager MadaJewski explained that the
overall area has restricted capacity in the Immokalee Road Canal
System. He indicated that some of the culverts need to be replaced
since they were installed higher in prior years than the Basin Board
desires. He reported that the carrying capacity is evaluated on a
project by project basis by the Water Management District in West Palm
before they issue a permit for any individual project. He noted that
each project must demonstrate that it has a viable discharge for its
system. He stated that if there is flooding, it really is retention.
He remarked that this has been an unseasonably wet year, but the pro-
Jects are functioning after being very carefully scrutinized by the
District.
Mr. MadaJewski suggested that the Commission add an additional
stipulation requiring clarification through the Storm Water Management
design process and permitting for the project from the South Florida
Water Management District that the carrying capacity of the Immokalee
Road Canal be considered and reviewed prior to the final permitting.
Mr. William Vines, representing the Petitioner, stated when pro-
Jects follow current water management practices, as they are required
to do, they discharge less water into the Immokalee Road Canal than
was the case prior to their development when they were flat farm
fields.
Tape ~2
Mr. Mike Slayton, Administrator, South Florida Water Management
District, explained that the Immokalee Road Ganal was originally
Page 10
July 30, 1991
designed and installed as a cheap source of fill for the road, noting
that it was never designed and installed as a major drainage canal.
He indicated that it is being taken advantage of as a conduit for
drainage to the Gulf. He reported that this is an inadequate system
and is scheduled for improvement as the County goes through its
detailed Basin Study.
Commissioner Volpe questioned whether the four laning of Immokalee
Road will have any impact on this situation. Mr. Slayton replied that
the four laning of Immokalee Road should have no impact on the system
since it should be designed to maintain the existing flows in that
area. He revealed that the areas that are experiencing flooding are
those that have no flood protection.
Mr. MadaJewski disclosed that another item that the Commission may
wish to consider is that the developer hay the option through the
District to design the on-site system for zero discharge.
Mr. Fred Pauly, Trustee of two PUD~s across the road from the pro-
posed pro~ect stated that 63~ of the total acreage is proposed for
retail commercial. He explained that he does not oppose the proposed
project, but noted that he was allowed ?~ of the Brentwood pro~ect for
retail commercial and 15~ of the Crestwood project for retail commer-
cial. He remarked that he will be back to request amendments to his
PUD~s.
There were no other speakers.
Co~mteeloner Saundera ~aoved, seconded by Com~iseloner Shanahen and
carried 4/0, (Co~atesioner Volpe abstained).
Planner Schell advised that there are a few minor changes to the
PUD document, i.e. grammatical errors and including "shoppping cen-
ters" in Tracts "A" and "B".
Co~ateelon~r Shanahen ~ov~d, seconded by Commissioner Hawse and
carried 4/0 (Colteeioner Volpe abstained), that the Ordinance aa n~ua-
bared ~nd titled below be adopted ~ubJect to staffta recommendations,
a~d ~ ~ddttional stipulation with regard to consideration by the
South Plotida Water Management District and entered Into Ordinance
Page
July 30, ~991
Book Xo. 48:
ORDINANCI 91-67
AN ORDINANCE AMENDING ORDINANCE NUMBER 82-2 THE COMPREHENSIVE
ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 8619S;
BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL
PROPERTY FROM A-2 TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS
NORTHBROOKE PLAZA PUD, FOR AN I-7§ INTERCHANGE MIXED USE COMPLEX
(MIXED COMMERCIAL AND RESIDENTIAL USES), FOR PROPERTY LOCATED IN
THE NORTHEAST QUADRANT OF I-?§ AND NAPLES-IMMOKALEE ROAD (C.R.
846), IN SECTION 19, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA, CONTAINING 43 ACRES, MORE OR LESS; AND BY
PROVIDING AN EFFECTIVE DATE.
Page 32
July 30, 1991
· '' Ra~-ee~e~: 10:45 A.M. - Reconv~ned: 11:00 A.M. at which
Deputy Clerk Guevtn replaced Deputy Clerk Hoffnan
R~$OLOTXO~ 91-501R~ PKTXTION S~1:~-90-08, DR. ~10 $. SPAGNA
~ !~,OI~TDA URBAR ll~TXTUT~, XNC., R~QUESTZNG EXTENSION OF
SUBDIVISION MASTER FLAIl FOR ~NRMANWOODS - ADOPTED
Legal notice having been published In the Naples Daily News on
July 14, 1991, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened to consider Petition SMP-90-08, filed
by Dr. Neno J. Spagna representing Florida Urban Institute, Inc.,
requesting extension of SMP for German Woods in Golden Gate Estates.
Frank Brutt, Community Development Services Administrator, indi-
cated Staff approval of the recfuested one-year extension of Petition
SMP-90-08, revising the expiration date to July 31, 1992.
In response to Commissioner Shanahah, Dr. Spagna, representing the
petitioner, explained the property owner has been unable to complete
the Subdivision within the one year time limit. He recalled the sub-
Ject site was involved in a petition for a PUD for a church facility,
which would have necessitated revision of the Comprehensive Plan. He
said the PUD has since been denied, however, due to the amount of time
taken in reviewing that proposal, the petitioner was unable to move
forward with the Subdivision.
Mr. Brutt pointed out that the Unified Land Development Code
(ULDC) is progressing to the point of Board review and adoption this
Fall. He said the applicant must recognize the impact of the ULDC on
his project.
Co~a/setoner Ruse ~oved, seconded by 0o~atsstoner Saunders and
carried *m~amtmly, to close the public hearing.
Cmme/ee/oner Shanaban moved, seconded by Co,mtsstoner Hasse and
carried u~antmously, to approve extension of Petition SMP-90-08,
thereby a~opttn~ Resolution 91-501.
Page 13
July 30, 1991
O!tDr~M~C~ gl-6S ESTABLISHIN8 THE COLLIER COUNTY ENVIRONMENTAL ADVISORY
Legal notice having been published in the Naples Daily News on
July ll, 1991, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened to consider an ordinance establishing
the Collier County Environmental Advisory Board.
John MadaJewski, Project Review Services Manager, explained the
proposed ordinance will reduce Involvement in the review process. He
said Staff was directed by the Board to return with an ordinance
consolidating the current Environmental Advisory Committee (EAC) and
the Water Management Advisory Board (WMAB) into one operating board
to handle development review petitions. He noted this Item has been
workshopped with both existing boards to determine their feelings on
the consolidation, and Staff believes the proposed ordinance expresses
the thoughts of the members of both the EAC and WMAB. He concluded
with a recommendation for the Board of County Commissioners to adopt
the Collier County Environmental Advisory Board ordinance, abolishing
both existing boards after its establishment.
Charlotte Westman, representing the League of Women Voters of
Collier County, indicated her group's support of the new Environmental
Advisory Board. She questioned when the new group will be
established?
Mr. MadaJewskt replied that advertising for members will begin
Immediately, and the new Board should be in existence within the next
three months.
Co~tes~oner Shanahah moved, eecondmd by Comm~aeloner Hasse and
carried unmnt~usl¥, to cloee the public hearing.
Co~tmeloner Shanahah moved, seconded by Commissioner Hasse and
cmr~ed unanimously, to establish the Collier County EnvLrorumental
AdvL~oz-F Bomrd, and that the ordLnmnce u numbered and tLtled below be
adopted and entered into Ordinance Book No. 45:
ORDINANCE 91-68
Page 14
July 30, 1991
AN ORDINANCE ESTABLISHING THE COLLIER COUNTY ENVIRONMENTAL
ADVISORY BOARD AND ABOLISHING THE WATER MANAGEMENT ADVISORY BOARD
AND THE ENVIRONMENTAL ADVISORY COUNCIL; PROVIDING FOR AUTHORITY,
FUNCTIONS, POWERS AND DUTIES; PROVIDING FOR MEMBERSHIP; PROVIDING
FOR OFFICERS AND SUPPORT STAFF; PROVIDING FOR MEETINGS, QUORUM,
RULES OF PROCEDURE; PROVIDING FOR SCOPE OF LAND DEVELOPMENT
PROJECT REVIEWS; PROVIDING FOR LIBERAL CONSTRUCTION; PROVIDING FOR
REPEAL OF COLLIER COUNTY ORDINANCE NO. 87-9'z IN ITS ENTIRETY AND
SECTION 1.05 OF COLLIER COUNTY ORDINANCE NO. 74-50; AMENDING
COLLIER COUNTY ORDINANCE NO. 77-66, SECTION 10; PROVIDING FOR
REIMBURSEMENT OF EXPENSES; PROVIDING FOR REVIEW PROCESS; PROVIDING
FOR CONFLICT AND SEVERANCE; PROVIDING AN EFFECTIVE DATE.
Ite~
AN ORDIHANCE ESTABLISHING RE~ULATIOIq~ GOVERNING THE USE OF WATER FOR
L~JWN ~I~Ri~ELIB~ AND OTI~ERWAT~R USES UNDER EMERGENCY CONDITIONS
T~ROU~HOUT COLLIER COUNTY - CONTINUED
Legal notice having been published in the Naples Daily News on
July 11, 1990, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened to consider an ordinance establishing
regulations governing the use of water for lawn sprinkling and other
water uses under emergency conditions throughout Collier County.
Fred Bloetscher, Assistant Utilities Administrator, presented an
ordinance which will combine two existing ordinances, one that
established procedure for the Board to enact restrictions within the
Collier County Water-Sewer District, and an emergency ordinance
enacted to do the same on Marco Island. He said the proposal follows
the same guidelines as the South Florida Water Management District
(SFWMD) would enact for restrictions, but allows for the same oppor-
tunity by the utility to change that to meet their conditions, such as
has been done on a regular basis with Marco Island Utilities.
Commissioner Hasse inquired if the City of Naples will also be
affected by this ordinance? Mr. Bloetscher replied that the ordinance
allows any provider in the County to come to the Board and request
restrictions for their system. He said the City of Naples, or any
other entity, must make the request.
Commissioner Shanahah commented one of the items that was success-
fully implemented in the Marco Island restrictions was the change of
hours of watering. He noted that issue is not incorporated in the
proposed ordinance.
Page 15
July 30, 1991
Mr. Bloatschar advised the change of hours was a variance from the
standard restrictions requested by Marco Island He said the restric-
tions that SFWMD wants to see are attached to the proposed ordinance.
He explained a variance procedure is available to allow the hours of
watering to be varied.
Commissioner Shanahan remarked varying the hours of watering on
Marco Island has proved to be very successful am a water conservation
item, and this ordinance is ignoring that experience by requiring a
variance to allow a change in the watering hours. He asked that this
issue be reviewed.
Mr. Bloatschar agreed to investigate the situation further.
Commissioner Saunders asked if it would be appropriate to approve
this ordinance, with the Utilities Department to conduct modeling and
report back with any necessary amendments? County Manager Dotrill
suggested with probable changes of that significance, it would be
wiser to continue this item and return with modeling presentations.
Co~illionlr Shmnahan moved, seconded by Commissioner Hames and
carri~nani~l¥, to continue this item.
O~DI~ 91-69 RE~LATINQ TH~ USE OF PUBLICLY OWNED WASTEWATER
FACILITIES AND FRIGATE SEWERS AND DRAINS - ADOPTED AS AMENDED
Legal notice having been published in the Naples Daily News on
July 11, 1991, and July 18, 1991, as evidenced by Affidavits of
Publication filed with the Clerk, public hearing was opened to con-
sider an ordinance regulating the use o~ publicly owned wastewater
facilities and private sewers and drains.
Mr. Bloatschar presented an ordinance which is the result of
Environmental Protection Agency (EPA) grant monies received by Collier
County for the South County Regional Wastewater Treatment Plant and
the East and South Naples Collection System projects. He advised this
ordinance will not apply to single-family homes, rather to residential
and commercial users who may be using a substance that creates dif-
ficulties in the treatment process, or is toxic. He reported this
Page 16
July 30° 1991
ordinance will require those people to remove them from their
wastestream.
Commissioner Volpe questioned who will monitor and enforce the
removal of those substances? Mr. Bloetecher said the ordinance
requires the agencies Involved to provide the County with a plan for
pre-treatment of the substances as well as monitoring data to show
they are meeting the requirements.
Richard ¥ovanovich, Assistant County Attorney, pointed out the
ordinance mistakenly provides that the County will collect fees and
and charges h¥ adopting another ordinance setting forth those fees and
charges. He indicated he has corrected the ordinance by deleting
those references and will be bringing forth a resolution providing for
same. He requested Board approval of the amended ordinance.
Co~Aamion~r Shanahen ~oved, ~econded by Coni=eIoner Hawse and
carried ~nani~u~l¥, to close the public hearing.
Ce~J~eloner Shanahen ~oved, seconded by Commissioner Hesse and
carried unanimously, that the Ordinance am numbered and titled b~low
be adopted a~ a~ended and entered into Ordinance Book No. 45:
ORDINANCE 91-69
AN ORDINANCE REGULATING THE USE OF PUBLICLY OWNED WASTEWATER
FACILITIES AND PRIVATE SEWERS AND DRAINS; PROVIDING A PURPOSE;
PROVIDING DEFINITIONS; PROVIDING ABBREVIATIONS; PROVIDING
SUPPLEMENTAL SERVICE CHARGE; PROVIDING RULES AND REGULATIONS;
PROVIDING FOR MONITORING AND INSPECTION OF FACILITIES; PROVIDING
FOR VIOLATIONS; PROVIDING FOR CONFIDENTIALITY OF INFORMATION;
PROVIDING FOR SERVICE CHARGES AND FEES; PROVIDING FOR CONFLICT,
SEVERABILITY, AND EFFECTIVE DATE.
~E~OL~TXON 9X-502 RE P~TXTXON PU-90-5, LARRY HXNNANT OF FREITX~E
~ X~PORT~, XNC., REQU~TXN~ EXTENSION OF PROVISIONAL USE
OF T~ C-4 ZONING DISTRICT FOR A USeD CAN LOT FOR PROPERTY LOCATED ON
TH~ ~ ~D~ OF EAST TAM,AM! TRA~L APPROXIMATELY 200 F~TWEIT OF
~DRIV~ - ADOPTED WITH CONDITIONS
Planner Scheff presented a request to extend Petition PU-90-5 for
a used car lot. He informed the Board the petitioner has not complied
with the conditions of the approval given on August 7, 1990, specifi-
cally, has not submitted a SDP or arranged for dedication of road ease-
ments from the subject property. He said direct contact with the
Page
July SO, 199!
petitioner advises that an application for SDP approval is forth-
coming, as well as the owner of the property is prepared to sign the
appropriate documents granting the County the right to additional
right-of-way for U.S. 41. Therefore, he said, Staff recommends that
this petition be extended for 90 days to allow the petitioner to
satisfy the conditions of the original approval. He asserted if at
the end of this time period, the conditions are unfulfilled, Staff
recommends Code Compliance have the discretion to discontinue or
otherwise resolve the problem.
Commissioner Volpe inquired why the petitioner has been able to
use the site as a used car lot for the past year when he has not met
the conditions for approval of the PU? Planner Schell noted that Code
Compliance has sited the petitioner several times for non-compliance,
however, up until this time, he has not complied with the require-
ments.
Commissioner Volpe asserted the petitioner should not have been
allowed to use the site for one year as a used car lot until he
compiled with the conditions under which the Board granted him the
right to use the property fo~ that purpose. He indicated his distinct
recollection about this petition and the discussions that took place
concerning a few exotic automobiles to be displayed and located on the
site so as not to end up with another used car lot on U.S. 41. He
reported having driven by the subject site this date and ascertaining
more than the allowed number of cars, many of which are not exotic.
Be indicated he is not sympathetic to granting any extension of this
petition.
Larry Hlnnant, representing Prestige Performance Imports, Inc.,
explained he was not at the hearing last year and had no understanding
until this meeting of the requirement of granting the easement within
SO days of the original approval. He said he has contracted with an
individual who will promptly take care of the SDP as well as executing
any other requirements. He reiterated he was unaware that the pro-
perry owner was required to give an immediate easement to the County,
Page 18
July 30, 1991
adding that the owner has agreed to do so.
Planner Scheff referred to the original petition, quoting the
requirement stipulated to in August, 1990 for the easement.
Commissioner Volpe questioned if the SDP has yet been received by
the County?
Bob Lockhart with Lockhart Engineering, asserted the copy of the
petition approval was sent to both the engineer and Mr. D'Annunzto,
Mr. Hinnant's partner in Prestige Performance Imports, Inc. He said
that may be part of the lack of communication that has existed. With
regard to the current etarue, he said, his firm has been retained for
both the SDP submission and for resolving the easement requirement of
the approval. He agreed with Commissioner Volpe that the stipulations
do not seem to have been met, however, as he reads the documentation,
it does permit the petitioner to continue the operation for one year
~d during that year to accomplish certain tasks. He indicated his
intention of submitting the plan within the next two weeks, however,
it may take two months to go through the process. He advised having
contacted the property owner who will execute the easement with no
further delay. He noted confusion on the owner's part originally
because of his understanding he would be compensated for the easement.
Commissioner Saunders inquired if the number of cars and their
layout on the lot are in compliance with the County's regulations?
Planner Schell called attention to page 11, Stipulation "p" of the
original PU, which states seven parking spaces and one handicapped
parking space will be required to be reserved for employees and
customer parking, thereby, leaving eight spaces allowed for sale of
cars.
Commissioner Saunders asked Mr. Hinnant to state on the record
that he will comply with the restrictions on the number of cars
allowed for sale on the subject site. Mr. Hinnant agreed to meet with
Staff to ensure compliance.
Co~miemioner Saunders ~ov~, seconded b~ Co~miamioner Shanahan,
that P~titton PU-90-5 be extended for 90 days to allow the petitioner
Page 19
30, 1991
to mt~fT the conditions of the ortgtna! approval; if at the end of
thlm tlme period, utd conditions re~atn unfulfilled0 act/on will be
t~tt~t~d bT Code Compliance to enforce the Count~s regulmttons.
Planner Schell asked for clarification on the mot/on, that a maxi-
mum of eight classical or exotic cars be allowed on the lot, to which
Commissioner Saunders concurred.
Planner Schell and Commissioner Volpe suggested that the number of
cars come into compliance withAn 10 days and the SDP be submitted for
approval within 90 days.
Upon call for the question, the mot/on carried unanlmly,
the~b~doptin~ Re~olutlon 91-502.
Page 20
3U1¥ 30, 1991
C~mmts~toner Volpe ~ov~d, oeconded b~ Com~toetoner Huse and
carried u~ntmly, to ~t fill accept~ce of the roa~y,
~al~, ~ter ~ ~r t~r~nts for the final plat of '~tl
~ Plm, b ~' ~ releue the m/ntemce oe~tW, there~
~~ ~lutt~ 91-503.
Page 21
July 30, 1991
11:55 A.M. - Rec~nv~n~d: 1:00 P.M. at which tim
Clerk Farmis repl&c~d Depu%~ Clerk ~uevln '''
HERBERT RO~ER SAVAGE, ON BEHALF OF ANTHONY DELAPA OF DELA PARK SOUTH
IN(:., !~(~TIN~t EXTENSION OF TIME TO PICK UP CONSTRUCTION PERMITS -
HALF OF B~ILDIN~ PERMIT FEE TO BE PAID IMMEDIATELY WITH BALANCE OF
PERMIT FEE AND IMPACT FEE DUE IN SIX MONTHS. STAFF DIRECTED TO AMEND
ORDIHA!~ REQUIRING 50~ PAYMENT OF BUILDING PERMIT FEE AT TIME OF
APPLICATION AND BALANCE WHEN PERMIT IS ISSUED
Herbert Resset Savage, Architect, reported that the requested
extension is for additional time to pick up the Building Permits on a
facility consisting of sixty-two units located on Caxambas Pass
comprising a six million dollar project. He reported that current
economic factors have made it difficult to commence construction.
In reply to Commissioner Shanahah, Mr. Savage confirmed there has
been approximately seven or eight units sold to-date.
Community Development Administrator Brutt pointed out that staff
has completed reviewing the plans and they have been ready to be
picked up since May 2, 1990. He indicated staff has performed a tre-
mendous amount of work on the plan review with the work presently
sitting on the shelf waiting to be paid for.
County Attorney Cuyler confirmed that, unlike the permit exten-
sion, the Building Permits are still with Development Services.
Commissioner Saunders questioned the normal length of time given
under the Ordinance for picking up Building Permits once the review
work has been done, to which Mr. Brutt replied that the Ordinance does
not specify an amount of time adding, however, that it is usually done
on a three month basis.
In reply to Commissioner Saunders questioning the legal require-
ments contained in the Ordinance addressing when the Building Permits
must be picked up, County Attorney Guylet stated that in July the
Collier County Building Construction Administrative Code was passed
which contains a provision addressing this Issue. He stated, however,
that the Code does not specifically say that it applies to Building
Permits for which application has already been made at the time of its
passage. He added that the Board of County Commissioners can make the
Page 22
July 30, 1991
determination that the six month provision does apply to Permits begun
prior to the effective date of the Collier County Building
Construction Administrative Code. He warned that, if the basis for
the extension is economic conditions, everyone presently having a per-
mit in can request putting it on hold.
Mr. Brutt reported that considerable research has been done in an
attempt to ascertain the number of dollars that the County has lost as
a result of staff performing work and Building Permits never being
pulled. He stated staff estimated that at $50 per unit since 1989 on
a total of approximately 735 permits the County has lost about $36,000
for work which staff should have been compensated.
Commissioner Saunders suggested that if the requested extension is
denied they could simply apply for another Building Permit, submit
the same plans, and have staff go through the review again, thereby
costing twice as much and still ultimately pick up one Building
Permit.
Mr. Brutt indicated it is staff'e desire to have the individual
lay down a certain number of dollars when the plans come in according
to a formula which has previously been discussed in public.
In response to Commissioner Saunders asking if this proposal is
currently contained in the County's Ordinance, Mr. Brutt stated that
the Ordinance merely specifies the total amount.
Commissioner Saunders relayed his understanding that if the exten-
sion is denied, Mr. Savage's client will be forced to resubmit the same
package of information with staff required to review same. He stated
that the review at that time would result in the same determination
which is that a Building Permit is ready to be picked up and paid for,
with staff losing the same amount of time on the Building Permit which
is currently being discussed.
Mr. Brutt countered that staff will only be required to review
those portions of the Code which. have changed since the plans were
reviewed back in May of 1990. He added that even under the approved
Code theirs has been a one year extension without payment for work.
Page 23
July 30, 1991
In response to Commissioner Saunders Inquiring whether there will
be any problem in updating building plans to comply with any Ordinance
or changes occurring between early 1990 and 1992, Mr. Savage answered
in the negative. He stated that the changes which have occurred will
not affect them a great deal and the owner will obviously be willing
to comply with these changes.
In reply to Commissioner Hasse, Mr. Brutt reported staff has had
discussions with the Building Industry which agrees that staff should
be paid for work they perform. He stated that notice went out in over
2,500 copies of the Bullder News informing the industry of staff's
recommendation that a small amount of the total fee be paid up front,
which will cover the work performed by staff. He reported that no
complaints have been received regarding staff's proposal.
In reply to Commissioner Hasse, County Attorney Cuyler commented
that the Board of County Commissioners has addressed one of the con-
cerns of the Building Department, i.e. the six month time period, in
their recent Amendment. He reiterated that Mr. Brutt is attempting to
get a down payment on the applications which will in turn serve as an
incentive for Individuals to pick up their Building Permits. He
suggested that perhaps Mr. Brutt will make a proposal to amend the
Administrative Regulations that are adopted in Ordinance form and have
them included in this provision.
Commtl~=loner Volpe suggested that the reason Mr. Savage's client
does not want to pick up the Building Permits is the fact that he will
at that time be required to pay impact fees.
Mr. Brutt reported that the total due on the project of Mr.
Savage's client is approximately $80,000, with the impact fee rounded
off to $50,000 and the Permits $30,000.
Mr. Brutt recommended that the developer pay staff the amount of
money for the actual Building Permits and, if the Board of County
Commissioners desires to waive the Impact fee until he commences
construction, that might be a satisfactory alternative to all parties
concerned.
Page 24
July 30, 1991
Commissioner Shanahan questioned whether temporarily waiving the
impact fees will be establishing a precedent.
Commissioner Goodnight suggested that the Ordinance should direct
that applicants will pay half of what staff feels will be the cost of
labor when they apply for the Building Permit with the balance due
when the Permit is picked up plus any impact fees.
Mr. Brutt indicated he is agreeable to Commissioner Goodnight's
suggestion, adding that the 50/50 method is used by numerous com-
munities and counties.
In reply to Commissioner Hasse, Mr. Brutt reiterated that 50~ of
the total fee will be paid at the time of application with the
remaining 50~ plus any impact fees to be paid at the time they get the
Building Permit. He reported that the Code adopted in July of last
year states a six month extension, and he Indicated that staff will be
very satisfied with that amount of time.
Commissioner Saunders commented that, precedent or not, there is a
need to reco~nize the actual economic situation. lie pointed out the
fact that there is currently no Ordinance on the books requiring
payment u~/ front of one-half of the labor for preparing a response to
a Building Permit Application and one is required, if it is the desire
of the Board of County Commissioners, to pursue the situation in this
manner.
County Attorney Cuyler confirmed that the Board of County
Commissioners eventually needs to provide for the 50/50 proposal by
Ordinance. lie, however, stated that it is the Commissioners preroga-
tive to d,etermine whether this means that the six months has already
passed or whether it should be six months from this July. He stated
that as part of that interpretation the Board of County Commissioners
can say it is six months from July but, as a condition to our reading
the Ordinance that way and providing an additional six months, we will
require some down payment on the part of the applicant.
T~p~ ~
In reply to Commissioner Saunders, County Attorney Cuyler tndt-
Page 25
July 30, 199!
cared the new Ordinance became effective July 8th.
Commissioner Saunders stated that theoretically it will be Indi-
cated that the applicant will have an extension to a period ending six
months from the July 8th effective date. He explained that the other
issue is to discuss whether the Board of County Commissioners will
require the §0~ of processing fee to be paid up front.
Mr. Savage questioned whether it is possible to get the extension
to the six month time and then pay the §0~ fee and pick up the Permit
in the Spring.
Commissioner Hasse pointed out that it has already been one year
from the time of original application. He stated it seems that the
50~ should be paid now, continue for another six months, and then pay
the remaining 50~ plus the impact fees.
Mr. Savage commented that if that is the recommendation of the
Board of County Commissioners he feels certain his client will go
along with I%.
Cc~L~ioner Ha~ee ~ed, seconded by Co~aleeioner Shanahah, to
request that Mr. S~vmge ~peak to his cltent regarding payment of one-
half of the Buildin~ Perntt fee, which in this in~tant cmme is
th~ i~p~ct fee du~ in six ~onths.
Mr. Savage pointed out that his client is in Massachusetts. He
therefore questioned whether a Letter of Commitment Indicating that
the money will be in hand as quickly as is humanly possible after
Au~Tust 2nd is sufficient, to which it was the consensus of the Board
that It will suffice.
~ c~11 fo~ th~ question, the ~otton c~rrted unanimously.
Commissioner Volpe questioned whether there is any other instance
where the full amount of the processing fee is not paid. He asked why
there is a distinction made between applications for Building Permits.
Mr. Brutt explained that on Building Permits of major buildings
there are base figures but there are also additional costs, depending
upon the number of air conditioning units, etc. He stated that, bast-
Page 26
July 30, 1991
cally, the final fee comes back as the calculation of individual
inspectors depending, upon the difficulty and complexity of the
building.
Ce~a~/~i~ Volpe ~oved, seconded by Co~i~stoner Hasee and carried
~ly0 that ataff be directed to take appropriate action to
aua~n~ time Ordinau~oe to require the pa~ent of 50~ of the B~tldtng
l~r~it fee~ at th~ tt~e of application with the balance to be paid
when the P~r~ita are prepared to be issued.
ite~B2
PdKTITION P~I-91-S, MARK LAMOUREUX FOH FLORIDA CELLULAR HSA, LTD. PAR.,
P. EQU~TIEH EXTENSION OF PROVISIONAL USE mbm OF SEC. 8.10 (ESSENTIAL
SEII~I~'E~ O}~ TH~ E-ESTATES ZONINO DISTRICT TO ALLOW A CO~KINICATION
TO%gE~ FO~ Ff~PE]~I~/ LOCATED 8.5 MILES EAST OF INTERSTATE 75
APP~O]gXMAgKL¥ 650 FEET SOUTH OF THE BIO CORKSCREW ISLAND FIRE CONTROL
AND I~P~C~ DISTRICT FIRE HOUSE NO. 2 - DELAYED FOR ONE WEEK TO ALLOW
KKPLOEATION OF NEGOTIATION BETWEEN FLORIDA CELLULAR RSA, LTD. PAR. AND
BI~ C~E~G~EN ISLAND FIRE CONTI~0L AND RESCUE DISTRICT RE~ARDIN~
POSSIBLE LOCATION OF TOWER ON FIRE HOUSE LAND
Planner Milk read into the record the second paragraph of the
Executive Summary dated July 30, 1991, adding that there are approxi-
mately five houses on 24th Ave., NE, with two more houses currently
being built; that there is a house presently in existence to the south
of the subject site; and that to the west there is one existing house
on the adjacent canal. He reiterated that during a previous meeting
he received two letters of opposition with several persons speaking in
opposition to the proposed tower. He reflected that the Collier
County Planning Commission voted 5/2 to deny this P~tition. He
reported that the concerns of the homeowners regarding the proposed
tower included the height, the potential lightning effects, the
radiation effects, and what it might do to their TV's, radios, and
phones. He confirmed that at the time of the CCPC meeting staff's
recommendation was for approval of the Petition. He reminded the
Board of County Oommisstoners that in March of 1991 they directed
staff to develop a new Tower Ordinance for Collier County. He
explained that a meeting was held on July 18th in Immokalee concerning
the towers and the proposed Ordinance. He confirmed that the 0CPC
elected to continue the petition allowing staff additional time to
Page 27
July 30, 1991
input suggestions from that meeting. He reported that originally the
proposed Ordinance allowed communications towers in the Estates Zoning
District with no height limitation. He indicated that the CCPC recom-
Mended that towers be allowed in the Estates District with a maximum
height o9 75 feet.
In re,ply to Commissioner Hasse, Mr. Milk verified that 75 feet
will be impossible for a tower such as the proposed one because it
will be t~:~ main trunk tower for a network of towers approximately six
to eight miles in distance from each other. He stated that the towers
need to be above anything else to maintain frequency and line of
sight and, therefore, a 75 foot tower at this location, based on the
industry standards, will not work in the radius that they have pro-
Jected for this area.
In answer to Commissioner Volpe, Mr. Milk confirmed that with the
exception of the height requirement, the proposed tower complies with
the draft of the Ordinance currently under review and that this tower
is one of approximately ten towers currently proposed. He explained
that the new Ordinance proposes shared use of the tower or shared use
of the site where the tower is located. He expounded that, as part of
the Agreement Sheet, if this tower is approved the applicant will as a
minimum have to share the tower with other users.
Commissioner Volpe pointed out that the applicant has a plan iden-
tifying thirteen locations throughout the County for proposed tower
sites. He hypothesized that should this site receive approval while
one of the other proposed sites does not there will be a missing link
in the system.
Mr. Milk responded that the applicant will then have to identify
the missing link in the system and either look for another tower or
site. He stated that the choice of sites is based on parameters of
their technical needs for service and that relocation will require
going through FCC approvals with locatiohal criteria which involves a
lengthy process.
Mr. Milk relayed staff's concerns regarding the lighting of the
Page 28
July 30, 1991
tower. He indicated that Mr. Heaton has said they wilm get rid of the
strobe during the night and replace it with a red beacon. He stated
that the tower itself exceeds any building code in place today. He
reported that staff is looking at all the parameters regarding health,
safety, and welfare for the community. He explained that, based on
aesthetic affect, it was hard for staff to make a recommendation.
In response to Commissioner Volpe, Mr. Milk confirmed that GTE and
Cellular One are the only two licensees in Collier County, adding that
there are state and federal agencies, DEA, FBI, Sheriff's Department,
County, and other major government entities looking for towers to
share with.
Mr. Milk stated that, under the proposed Ordinance, if you are
within a six mile radius of an approved tower or site, you must share
with that existing tower or site. He indicated that Mr. Heaton will
have to do his best to comply with the Ordinance to set up his frame-
work for additional towers and siting locations.
Mr. Milk indicated that various entities have specific needs for
communications and that it is felt a tower located potentially every
six miles will meet the needs of Just about everyone.
In reply to Commissioner Hasse, Mr. Milk verified that the
Ordinance identifies zoning districts and height limitations for
zoning districts. He added that some zoning districts do not have
height /imitations and that it is basically left up to the equipment
needed to serve whatever type of tower antenna. He stated that the
proposed Ordinance is very specific to the urbanized area, the rural
area, and the agricultural area, with the framework based on shared
use of the site or tower.
Mr. Milk verified that the proposed Ordinance does not contain a
height limitation in all zoning districts but does in specific
districts.
Mr. Milk stated that in the industry a tall tower is one that is
1,000 feet. He explained that if a tower in Collier County is 185
feet or above, It must share use with the tower or site.
Page 29
July 30, 1991
In reply to Commissioner Shanahan, Mr. Milk confirmed that the
minimum height recommended is 75 feet or below in some areas,
including the Estate District.
In response to Commissioner Shanaban, Mr. Milk explained that
these towers are designed in such a manner that it is not anticipated
that all of them will go down in the course of a natural disaster and,
therefore, they play an essential part during same.
Emergency Services Administrator Reardon concurred with Mr. Milk's
comments regarding the value of these towers during times of
emergency. He added that in a cellular system, if designed properly
and using high technology, it will play a pivotal role in the recovery
stages. He stated that the new towers are designed to sustain the
hurricane force usually much greater than what the local threat is
predicted to be. He commented that the dishes for cellular are
designed to shear so that the loading does not get beyond the limits
of the tower's design. He explained that the weakest link in the
system will probably be the telephone line connections, adding that
should part of these hard line connections survive, it could become
one of the quickest ways to regain communications capability as we
know ~t today in Collier County.
In reply to Commissioner Goodnight, Mr. Reardon confirmed that the
report and comments from the Emergency Management Director and Fire
Chief in Charleston indicate that, during the hurricane in South
Carollna, it was felt that microwave ovens and cellular phones were
beneficial during the short term recovery stage.
In answer to Commissioner Volpe, Mr. Reardon etated that
microwaving is the device which replaces telephone lines, and that
such technology is applicable to the cellular phone community as well
as to the public safety or any radio communications network. He
remarked that it is the most practical method available in technology
today. He envisioned that in years to come satellites will replace or
augment microwaving.
Commissioner Volpe reflected that the Attorney General's opinion
Page 30
July 30, 1991
will not prohibit the County's equipment from being hung on this
tower, to which Mr. Reardon concurred adding that the County cannot
share the communications link itself but can share the tower space.
The following persons spoke in favor of the location of the com-
munications tower at the proposed site:
Pat Simpson
Kevin Mlhok, representing Cellular Services
John Cons, owner of Stereo Garage
Jerome Jackman
· Bill Gaston
Tera Kramer
Daniel Hewitt
· Spoke to the issue of forced shared usage indicating it might
possibly create a monopoly
Reasons of support were cited as follows: There are areas where
cellular phones cannot communication with and perhaps they can after
the tower is Installed; will not cause any problems aesthetically; and
it will be of Great assistance in an emergency situation.
The following persons spoke in opposition to location of the tower
on the proposed site:
Paul M. Plamondon
· Karen M. Acquard speaking on behalf of Tom McKay, her husband and
herself
John Cunnion
George Eckhardt
· She stated that Planner Milk should have received a letter from
Tom McKay
Reasons of opposition were cited as follows: The planned site is
in a residential area and there is property as near as 500 feet which
can be used that is more appropriately zoned; problems with lighting;
interference with satellite dishes; aesthetic reasons; when the tower
"breaks up" it will end up in someone's yard, pool, or bedroom; it
will devalue property; and it will deter families from moving into the
area, thereby deterring U.S. Mail delivery to the homes.
Commissioner Goodnight confirmed that the property in question is
w~thin the Golden Gate Estates Master Plan.
Mr. Milk interjected that it is zoned E-Estates and is not part of
any activity center designated for particular provisional uses or
associated commercial uses, adding that it is not at any intersection
Page 31
July 30, 1991
and is, In fact, part of the residential area.
¢o~u~tsstoner Hasse questioned whether the fairgrounds will fulfill
the tower requirements, to which Mr. Milk answered In the affirmative.
Bob Siebold, Chief of the Corkscrew Fire Department, commented
that there is enough room to locate the tower on the property of the
Fire Department, said land being currently zoned Essential Services.
He stated that in prior conversations with Florida Cellular RSA, LTD.
PAR. they requested that rental of the land be tied into their cellu-
lar rates, I.e. if cellular rates do not Increase then rental rates do
not Increase.
Commissioner Hasse commented that the tower is an excellent thing
for Collier County, but indicated that he does not want them placed in
a manner that causes them to infringe on the rights of the residential
people.
In response to Commissioner Volpe, Chief Siebold commented that
cellular communication is ngcessary. He related an experience he had
Involving a methyl bromide spill speculating that had cellular phones
been available they would have assisted him in obtaining printouts of
what the chemical would do, etc. He stated that he is a big supporter
of the cellular system, but added that he does not agree with putting
towers in a residential zone with people living next door when there
is property less than 500 or 600 feet away that is available to them.
In reply to Commissioner Saunders, Chief atebold verified that
they had been negotiating with Florida Cellular RSA, LTD. PAR on the
tower location Issue when negotiations broke off after he requested a
reduction on cellular phone costs for the fire department volunteers.
Commissioner Hasse stated that he is in favor of cellular phones.
He suggested, however, that location of the tower on the Fire
Department property or the fairgrounds should be explored prior to
Infringing on the rights of residents in the area.
In reply to Commissioner Volpe, Commissioner Saunders commented
that the definition of an essential service changes with time. He
elaborated that if one is on the highway, witnesses an accident and
Page 32
July 30, 1991
can call 911 from a cellular telephone in the car on s~te, it becomes
an essent/al serv/ce rather qu/ckly.
Mr. M/lk referred to page 119, Sect/on 8.10, of the Zon/ng
Ord/nance and proceeded to read the der/n/t/on of what constitutes an
essential serv/ce. He pointed out that communications towers are
purely, by the Ord/nance, an essent/al service and defined in the
Ordinance that way. He commented that, from a planning standpoint, at
some po/nt /n time /t w/l! be necessary to have a tower /n a residen-
t/al area of Golden Gate Estates ae an essent/al service. He stated
that, as a planner, he would rather see /t pos/ttoned near a major
highway than into the Internal zoning district of the Estates where it
is located /n the middle of numerous houses rather than positioned
near the ma~or thoroughfare on a h/ghway. He stated that, from a
planning standpoint, the proposed location is a good one.
In answer to Commissioner Volpe, Mr. Milk reported that the pro-
posed s/re is within 1,000 feet of a res/dential neighborhood and,
therefore, conflicts with the proposed Ordinance regarding
Gommun/cattons Towers.
Commissioner Volpe pointed out that the height of the tower is an
/ssue as well as the distance within the residential neighborhood.
In response to Commtss/oner Hasse, Mr. Milk stated that the
Ordinance /s geared for all new towers and new sites.
Mr. Milk stated that there are controls against establishment of a
monopoly as the Ordinance is currently proposed.
In answer to Commissioner Masse questioning whether it makes any
difference should the tower be located a few hundred feet towards
Rmndall Blvd., Mr. Milk answered /n the negative.
Frank Heaton, d/b/a Gellular One, Gollter-Hendry Parent, /mplied
that the location of the tower is a bus/ness decision and that his
company has made a decision based on initial negotiations with the
Corkscrew Fire District which were unsuccessful.
In answer to Commissioner Saunders, Mr. Heaton reported that the
negot/at/ons w/th the Corkscrew F/re District were unsuccessful
Page 33
July 30, 1991
because they wanted more than what the space rental was worth. He
etated that they need the particular proposed location in order to
fill a gap in their present service and because they need to provide a
backfill of capacity southward and westward that the other planned
communications towers by themselves cannot serve. He elaborated that
one attempts to build a system where your use of the frequency may be
pointing away from the other carrier's use of the frequency.
In reply to Commissioner Hasse, Mr. Heston confirmed that they
have a contingent contract to purchase the property which is proposed
as the location of the communications tower.
In response to Commissioner Volpe, Mr. Heston stated they have not
specifically performed any studies regarding what impact the tower may
have on the property values of those surrounding residential neigh-
borhoods. He elaborated that his competitor, GTE Mobile Net, has
introduced a study of property values at tower sites into the record
of the Tower Ordinance proceeding and that they have prepared excerpts
from that data which his engineers propose to distribute today. He
stated the report addresses the fact that in many instances the towers
precede the development of an area and do not impede the development
of that area.
In answer to Commissioner Saunders, Mr. Heston reported that the
purchase price for the land which he is proposing to locate the tower
on is $40,000, cash at closing, for five acres.
Mr. Heston stated that, should they move the tower site in any
direction, they must consider the potential of moving another site to
compensate for that move as the system is designed with an overlap
from one or more proposed adjacent sites in order to reinforce the
capacity of a given area. He proceeded to explain the principles of
sectorizatton of a system.
T~pe ,4
Referring to a map displayed on the wall, Mr. Heston identified
the location of the five operating tower sites they presently have in
addition to proposed tower sites. He related that they are having
Page 34
July 30, 1991
difficulty In obtaining any prospective antenna rights in the heart of
the Everglades.
In response to Commissioner Saunders, Mr. Heaton stated that at
the present time they are proposing 280 foot towers at each of the
locations Identified on the displayed map.
0o~u~tsstoner Saunders indicated he has been told by Mr. Sisbold
that they will charge $300 per month rent and give Mr. Heaton a
ninety-nine year lease, which is cheaper than paying $40,000 to
purchase land.
Mr. Heaton suggested that it will be necessary for the Fire
Department to come back to the Board of County Commissioners with ano-
ther Provisional Use application with his company as the beneficiary
of it, adding that there will be a considerable delay to do so.
Commissioner Saunders stated he felt the Board of County
Commissioners can expedite a Provisional Use should it be required.
Commissioner Saunders asked Mr. Heaton if he can attempt to work
out something with the Fire Department should the Board of County
Commissioners continue this for one week, to which Mr. Heaton replied
in the affirmative.
Commissioner Saunders asked County Attorney Cuyler whether a
Provisional Use is required for the fire station location and whether
the property can be leased without going through the statutory bidding
process as this will involve a lease of government owned property and
is for an essential public service.
County Attorney Cuyler confirmed that it needs to come back to the
Board of County Commissioners in an advertised form. He stated he Is
not sure what the district lease regulations are and that he will have
to check them.
Commissioner Saunders suggested that agreement between Mr. Heaton
and the Fire Department be explored.
Mark Lamoureux suggested that many of those persons objecting to
the location of the tower at the proposed site will also object to its
location on the fire station property.
Page 35
July 30, 1991
Commissioner Saunders acknowledged that there may be those who
will object to the location of a tower on a fire station site.
O~/~i~ S~undel~ ~ov~d, ~econdedbF Co~i~stoner ~, to
~t~ ~ ~ B~g Cor~ I.l~ Fire C~trol ~ R~ District.
Co~tssloner Saunders explained that he is making the motion with the
~derst~d~ng tha~ Mr. Heaton has no objection to the motion.
Co~tsstoner Goodnight stated that when this item Js brought back
she w~ts to see an understanding with the fire department that they
are in support of the location of the tower on its property.
Co~tesloner Saunders offered h~e services to Intervene during the
negotiations If desired.
Co~ty Attorney Cuyler pointed out that Attorney Anderson, counsel
for the Pettt~oner, rejected that he check to see if the additional
Provisional Use ~e re~tred or can somehow be included on the Fire
District Provisional Use. He Indicated he informed Attorney Anderson
that he will do that.
Co~sstoner Sanders stated he Is not absolutely convinced it ~s
necessary to do compett~tve bidding on the land for a lease for essen-
ttal services.
County Attorney Cuyler reiterated that he will have to check on
that.
Conlsstoner Volpe stated that new Provisional Uses re~1re
further application for expansion of the Provisional Use. He pointed
out that this is an old Provisional Use and, therefore, probably does
not re~tre another application for expansion.
Co~ty Attorney Cuyler confirmed that he will research that
~tter.
~ call for t~ ~eett~, the ~tt~ c~rted ~t~ly.
· 'e ~~: 3:00 P.M. - R~: 3:15 P.M. at ~lch
t~ ~W Clerk ~t~ r~laced ~W Clsrk ~ts '''
~ ~. 91~1~839 - I~ ~ - ~OP~ ~IS~CE - NO A~ION
Community Development Administrator Brutt informed that Case No.
91-01-00839 has been withdrawn. Mr. Cruz and Compliance Services have
/ O[]~'V~ 8J~ Page 36
July 30, 1991
resolved the issue.
County Manager Dorrlll affirmed that the Board need take no
action.
APril1 CI~w.~ - NO ACTION
Commissioner Saunders advised that this item has been placed on
the agenda at the request of the citizens of the community.
In response to Commissioner Goodnight, Commissioner Saunders
tnformed that initially there was concern that there should be a
review by a Hearing Officer, the County Commission, or any other
entity on the reports and information presented to the Commission
regarding April Circle; however, this concern may have changed by the
Taxpayer Action Group who are here to speak on this issue.
Dick Losbet, speaking of behalf of the Taxpayer Action Group (TAG)
of Collier County, presented for the record (not provided to the
Recording Secretary) a two page memo ~rom TAG to the County
Commissioners.
Mr. Losbet stated that TAG feels that the key aspect to be con-
sidered by the Board of County Commissioners is not the April Circle
Project per se nor the issue of affordable housing but rather staff's
performance regarding the April Circle Project. He commented that
during the April 23, 1991, hearings of this subject, TAG detected
inconsistencies in the testimony presented resulting in a rehearing
h~ld on June 4, 1991 and a reversal of the motion made on April 23,
1991. He explained that in an April 29, 1991, memo TAG asked that
three questions be answered regarding the inconsistencies found by TAG
at the April 23rd meeting. He added that the Board requested that
staff respond to this memo which resulted in a 320 page document pre-
pared by staff and presented to the Board on May 20, 1991. He pointed
out that the document did not address any of the three questions asked
by TAG. He cited in the document where there is misrep~esentation
and misleading information provided by staff.
Mr. Losbet advocated that TAG feels it is imperative that: 1. It
Page 37
July S0, 1991
be recognized in the County Record that the Commissioners do not agree
with the findings, conclusions, and content of said staff report, and
the County Manager be so advised~ 2. The Commissioners acknowledge
publicly that the staff report of May 20, 1991, regarding April Circle
was an intentionally misleading and deceptive piece of work; 3. Staff
be put on notice that this type of performance will not be tolerated
by the Commissioners; and 4. The report be totally stricken from the
Collier County official record. He emphasized that TAG feels that
government employees should be held accountable to a standard of per-
formance far less severe than legal fraud. He added that TAG is
asking that the Commissioners hold County staff accountable to a stan-
dard of reasonable business performance.
Frances C. Barsh agreed that it is impossible for the County
Commission to make a correct decision when provided with skewed, inac-
curate and deceptive information from their staff. She commented that
it is important for the Commissioners to be critical of the work of
their staff for it effects the future of Collier County.
K. R. Hunt read from a transcript of a meeting held on May 24,
1991, involving the Citizens for Better Government and Housing and
Urban Improvement Director Shreeve (copy not provided for the record)
which indicated that the financial information and other statistics
provided by Florida Affordable Housing on their application have not
been verified. He pointed out that the 320 page document provided by
staff seems to be written to vindicate Gerry Gereaux and Florida
Affordable Housing, a private sector; and he questioned who authorized
County staff time, money, and energy to do so.
Commissioner Shanahah noted that staff was directed to provide a
report on the April Circle's plans and presentation, and the subject
document is the result.
County Manager Dotrill commented that he did not feel there has
been a deliberate attempt by staff to defend Mr. Gereaux and Florida
Affordable Housing in the report.
Regarding the ensuing conversation regarding what exactly was
Page 38
July 30, 1991
requested of staff by the Commissioners at the April 30, 1991,
meeting, Commissioner Shanahan recalled that he did request staff to
respond to the letter from TAG and all the allocations made from the
members of TAG present at that meeting. Commissioner Saunders
affirmed that he too requested that staff address all the allocations
made at the April 30, 1991, meeting regarding April Circle.
In response to comments made by Mr. Loeber, Commissioner Saunders
asserted that if the Commissioners did not have some concerns
regarding the April Circle issue, todays discussion would not be
taking place.
Jim McGrath voiced his disappointment in the handling of the April
Circle issue.
Alyse O'Neil/, President of Eagle Forum, expressed gratification
to all those who have volunteered their time such as the TAG members
to help clarify the questions on April Circle and save the County a
considerable amount of money.
Robert C. Gebhardt of Gebhardt and White, representing Florida
Affordable Housing, Inc., pointed out that the Board of County
Commissioners passed a motion on April 23, 1991, to waive all the
impact fees, amounting to $385,000, for the April Circle Project which
was consistent with the Growth Management Plan. He added that based
on this action his client invested $75,000 on May 16, 1991, to
purchase the land needed for the project. He continued that during
this time a well organized group made serious allocations about the
credibility of the County staff and his client which resulted in the
reverse motion on June 4, 1991, denying any impact fee waivers. He
noted that this action has put his client's investments at risk and
cast a cloud over all affordable housing projects in Collier County.
He stated that it is disturbing that the County would send to the
State, letters supporting three other affordable housing projects, but
not one supporting his client's project. He stated that it is
necessary for his client to receive all the impact fee waivers in
order to receive the loan from the banks to support the project. He
Page 39
July 30, 1991
informed that his client will return any funds provided by the County
that are not needed to complete the project. He encouraged an Inde-
pendent investigation by the Board of County Commissioners of the
events that have transpired since April 23, 1991.
John Smith, representing the Citizens for Better Government,
expressed the organizatton's concern regarding the procedural aspects
of the County staff, for example, the recommendation by staff to pro-
vide for an Impact ¢ee waiver of $385,000 when the application sub-
mitted to the State indicated a waiver of $194,000. He added that
this does not make sense. He emphasized that the staff should have
reviewed and investigated the information provided in the application
by the applicant because the money that was to be afforded to this
project came from the taxpayers of this County.
Commissioner Saunders thanked the people from the organizations
represented for their time and effort in helping to better the County,
and he commented that these groups should be encouraged to continue to
be involved with improving Collier County in every manner. He agreed
that staff should investigate to provide accurate information and is
urged to do so.
In regards to the specific requests made by TAG, Commissioner
Saunders Informed that something that has been provided for the public
record cannot be stricken from it, and added that a State law prohi-
bits this action. He emphasized that the report provided by staff did
not dissuade him when this matter was being reconsidered because he
too found that some of the Information provided was not reliable. He
noted that this statement is in answer to the request that the Board
acknowledge that the information provided was not as objective and
accurate as should be required by the Board. He confirmed that he as
well as all the Commissioners want good, accurate, objective infor-
mation from staff and encourage more public participation on these
matters.
Commissioner Volpe concurred with Commissioner Saunders state-
ments. He stated his concern, however, is that there was not an inde-
Page 40
July 30, 1991
pendent economic analysis performed regarding the April Circle Project
with respect to the waiver of impact fees. He stressed the importance
of this action, and noted that the County should not rely on infor-
mation supplied by the petitioner. He pointed out that this should
not happen in the future.
Commissioner Saunders concurred with Commissioner Volpe and
signified that the Board is very supportive of staff; however, he
noted that if someone on staff does not have the ability to analyze a
project financially, then he is encouraged to ask for help on this
matter.
Commissioner Hasse asserted that he did not feel strong about
allowing the $124,000 waiver of impact fees for this project and was
completely against the additional $261,000 being granted. He com-
mended staff for the Job that they perform, but added that they should
investigate these type matters more thoroughly. He disclosed that he
does now have a feelinG of mistrust in regards to the April Circle
Project and wishes to see it go no further in this County.
Commissioner Shanahah communicated his feelings regarding the four
requests by TAG, by stating first that as has been clearly emphasized
before, he does not agree with the findings, conclusions, and content
of the report submitted by staff on April Circle. Be did not agree,
however, that the staff report regarding this subject was inten-
tionally misleading and deceptive. He affirmed that it is completely
unacceptable for staff to have accepted the financial information
regarding this project on the basis of a report from the developer
without having an independent analysis performed. He concluded by
reiterating that the May 20, 1991, Staff report regarding April Circle
cannot be lawfully deleted from the public record.
County Manager Derrill avowed that it has been conferred to staff
by the Commissioners that with regard to density bonuses, affordable
housing impact fee credits, waiver of other permit fees, or direct or
indirect support by Collier County, a specific and definitive set of
criteria be followed. He added that the criticism afforded staff has
Page 41
July 30, 1991
been const~uctive and properly noted.
Mr. Loeber commented that he is gratified by the response of the
Board and satisfied with their sentiment.
~I~. OI~LBEI~T EI~LICID~AN R~A~DING THE HIGHWAY TI~UST FUND AS IT ~LATES
TO TH~ P~OPOSED BASEBALL STADIUM - NO ACTION
Mr. Erltchman, speaking on behalf of himself and noted that he is
a member of the Taxpayer Action Group, disclosed that there is no
longer a reason for his petition since the proposed baseball stadium
has been moved. He explained that his concern was regarding the
possibility that there was to be tax money used to build the access
road to the stadium, and now understands that this will not be the
case as it is stated in the "Collier County Quarterly Report" dated
August, 1991.
DII~E~I~~TO THE MANA~EI~ OF PLANNING SEI~VICES TO FRKPAP~ AN
~ TO ~HDI~E NO. 86-85, P~O~IDING DEVeLOPMeNT KE~ATION~
Planner Lord advised that this is a request to proceed with an
amendment to develop regulations for newsrack stands by amending
Ordinance No. 86-85. He noted that this action has been requested by
certain neighborhood groups. He explained that currently newsracks
are allowed in public right-of-ways and are usually found at the
intersection of collector roads which causes a traffic circulation and
public safety problem. He cited that Section III.B of Ordinance 86-85
specifically address these issues; however, the current ordinance
lacks the proper development standards that would require monitoring
for location, use and uniformity.
Co~mtssioner Hasse questioned if staff has reviewed the City of
Naples ordinance on this Issue? Mr. Lord informed that this has been
done with the finding that there is very little difference in the two
existing ordinances. The main difference, Mr. Lord explained, is that
the City of Naples requires that the newsracks be placed on the road
side of the sidewalk and the County requires them to be placed on the
Page 42
July 30, 1991
property side of the sidewalk.
Mr. Lord informed that staff ie requesting that the ordinance be
revised to limit the newsracks to local streets and a minimum of 100
feet from any Intersection, or be allowed within any public or commer-
cial type use and accessible only from within the property such as a
shopping center. He emphasized that the intent is to remove the
safety problem of the cars stopping on the main arteries.
Commissioner Shanahan remarked that this issue is presently being
addressed on Marco Island. He cited that his action is not a
challenge to freedom of speech, but rather to address the public
nuisance issues regarding both safety and aesthetics. He supported
completely the proposed amendment.
Commissioner Volpe pointed out that the problems caused by the
unsightly newsracks is extensive in North Naples also. He concurred
with directing staff to propose an amendment to Ordinance 86-86 in
order to correct the issues of safety and aesthetics.
Mr. Lord added that in addition to addressing the safety and
aesthetics in the proposed amendment, staff would also like to provide
language as to the permitted uses for the newsracks.
County Attorney Cuyler suggested that his office prepare a
memorandum for the Commissioners review which provides parameters of
what other communities do.
Art Jacob, President of the Vanderbilt Beach Property Owners
Association, advised that there are presently 92 newsracks in a three
mile area of Vanderbilt Beach. He affirmed that not only are these
racks unsightly, but they also cause a traffic hazard. He strongly
supports an amendment to the existing ordinance to address these
problems.
Kim Kobza provided for the record pictures of the numerous
newsracks in the area and the safety hazard they cause because of
their placement near roads, intersections and stop signs. He agreed
that the freedom of speech issue needs to be taken into account,
however, time, place and manner restrictions can be established. He
July 30, 1991
encouraged staff to develop the most restrictive ordinance within the
constitutional parameters to eliminate the safety problems.
Co~i~sion~r Volpe ~ed, seconded b~ Commissioner S~ers ~d
~~ ~~ly, to d~rect staff to ~et w~th the local ~d~a for
~r ~t ~ to pre~e ~ ~t to the existing Ord~ce No.
8~e5, ~d~ ~lo~nt re~lat~s for n~rack st~, ~ch
to ~ ~i~ ~ t~ C~W Atto~s Office for its 1~1 ~f-
fici~.
~ ~ ~IO~ O~~ ~LIC ~INGS S~D ~R
~ % & ~S, 1~1, AT 6:30 P.M. ~ N~IFICATION ~D~ ~ ~
Community Development Administrator Brutt advised that this item
is to adjust and amend public hearing dates for the Ground Water
Protection Ordinance that were previously adopted by the Board of
County Commissioners on March 5, 1991, pursuant to a challenge to
Growth Management Plan Land Development Regulations by the Collier
County Audubon Society. After a brief history of requirements
regarding the adoption of the subject ordinance, he recommended that
the Board of County Commissioners schedule new public hearing dates to
consider the adoption of the Ground Water Protection Ordinance and
direct staff to prepare a request to the Department of Community
Affairs to refrain from taking any further action on the Ordinance at
this time. He suggested the dates of October 9 & 23, 1991 for the
public hearings.
Ce~mt~l~r $h~nah~nmoved, ~econded by Co~iaeloner Rases and
Oa~T~e~!~l¥, tl~t the public hearings for the Ground Water
l~t~cttm ~ be .chadriled for October 9 & 23, 1991.
After some discussion regarding what time in the evening these
hearings should be held, the consensus of the Board was to hold them
at 6:30 P.M.
Page 44
July 30 1991
CI~ I~03~CT !!O. 004, SUPP'.,~]ITJI, L AGI~.~I~IT NOS. ! THROU~H 4 IN ~
~ Q~' ~?~,0~8.63 FOR ADDITIONAL RO~DI~ItY CONS'T~UCTION NOl~ FOR
DAV~ ~0UL~ARD ($.R. 84) TO HARPER BR~, INC. PUI~UANT TO BID
~9-~814 -~
Transportation Services Administrator Archibald reported on the
contract with Rarper Brothers, Inc. for the four-lantng ~mprovements
of Davis Boulevard between County Barn Road and Wildwood Subdivision.
He specified that this is a summar~ of the supplemental agreements
that apply to this contract. He noted that the project is substan-
tially complete and is ahead of schedule. He related that the attach-
ments to the agenda items reflect the details of the agreements as
well as the cost breakout of each item. He explained that
Supplemental No. 1 which involves the relocation of water and sewer
lines at the recently constructed drainage structure and Supplemental
No. 3 involving the castn~s for utility lines too close to the surface
of the roadway will cost $53,871.71. He added that both these items
were anticipated with the Utility Division involved to assure no
interruptions in service. He noted that the other two supplementals
were previously discussed by the Board with the one addressing the
turn lane at Unity Way at a cost of $12,810.85. He explained that the
County is billing the Unity Way Church for this cost. The last item
for discussion, he commented, is the implementation of the "01der Road
User Program" which requires the placement of 6" wide stripping in
lieu of the 4" wide stripping and costs $6,353.05. He advised that
the total cost of all the proposed agreements is $73,035.63.
In response to Commissioner Volpe, Mr. Archibald clarified that
this project is a Joint project between the developers, Collier
County, and the FDOT with each party funding their share. He
explained that the agreement with the FDOT provides that they will pay
between $188,000 and $207,000, the Utility Division has committed to
$63,050, Country Side has a commitment of over $60,000, there is a
letter of commitment of over $4§,000, and a developer has committed to
over $60,000. He assured that this reimbursement is being followed
Page 45
July 30, 199!
up.
~l~ ~i~ly, t~t t~ ~t of ~l~nt~l ~e~nts O1
~ ~ to ~r Brothers, Inc. in the net tncresss ~t of
873,035.63 ~t to the c~tract tom ~d pr~tst~ o~ Bid No.
8~1~14 ~~.
SEE PAGES 190 thru 210 for #1 thru-#4 Supplemental Agreements
Page 46
July 30, 199!
BUDgeT ~ IN TH~ ~ O~ 8141,000 FOR F~ND 518 (
~~ ~ ~OU~ ~~ 30~ 1991 - ~~
A~tnistratfve Services Admin~strator Ochs reco~ended that an
~en~ent be approved to t~ansfe~ funds w~th~n the wo~e~s' compen-
sation self insurance fund to cove~ anticipated fund costs fo~ the
balance o~ ~ 9~. He explained that as a ~esu]t of ~ecent ]a~ge
clat~ over the last few months, costs from this fund are expected to
exceed the appropriated funds ~n the workers' compensation budget
$141,000. He noted that premium revenues collected annually will be
~ore than sufficient to cover this shortfall.
Co~ty M~ager Dotrill pointed out that the backup material
attached to the Executive Su~a~ provides an employee accident sum-
=tg ~ly, t~t t~ ~t ~t in the ~t of
** $W Cle~ ~in replac~ ~ Clerk irrt~hi ~t this
~i~ OF ~ BI~ ~I~ ON ~ ~O~ ~
AT A ~ ~O~IA~ TI~
Leo Ochs, Administrative Services Administrator. said this item is
a recommendation to reject the sealed bids received for the purchase
of the Bluebill site. He recalled on January 21, 1991, the Board
directed Staff to pursue the sale of the property which was advertised
for sale on May 22nd, May 26th and June 2nd in both the Naples Daily
News and the Fort Myers News Press. He advised of the 14 bids
received, three were tendered for the entire 21 lot site, ranging from
approximately $1.1 million to $2.1 million. He mentioned each of
those three bids was considerably below the estimated market value of
the property as determined by independent appraisals in February,
1990, and more recent updated values calculated by Staff. He said
current values are placed from $3.4 million to $3.6 million for the
Page 47
July 30, 199!
entire parcel. On that basle, he said, Staff is recommending the
Board reject all bids and further direct Staff as to the disposition
of this site.
Commissioner Volpe communicated that he will abstain from voting
on this issue to avoid any appearance of Impropriety, because another
attorney in his firm represents a client who has bid on this property.
~tO~m= ~mnahanmove~, se~onde~ by Commissioner Hasme, to
~ ~t~ ~ ~ls of ths Blushill sit~ via ~rk~ttn~ ths stt~ for
Co~tssloner Volge noted he has provided to the Board a petition
containing 100 si~atur~s, which was hand delivered to him. (Copy not
provided to the Clerk to the Board.)
Ktm Kobza, a neighbor across the canal from the subject site, said
whether the property is developed or used for beach access parking
will not make a dramatic difference on adjacent property o~ers as
long as it is done properly. He stated the Board needs to be aware of
the critical location of the property as it relates to the dynamics of
the area. He observed Bluebill Avenue provides the sole means of
access on the north side of Vanderbilt Beach, as well as access to
Delnor Wiggins State Park. He remarked how the property Is developed
will ~ very Important in terms of traffic implications for the entire
area, because 22 separate lots with access onto Bluebill Avenue will
be a disaster. He also ~estton~d the validity of th~ appraisals done
on the property, adding that much work in terms of environmental per-
mittin9 will have to be done to develop the site into waterfront
perry. He pointed out that the corner parcel, Lot Sl, was held out by
the Utilities Department for relo=atton of a sewer pump station, which
in his opinton, is a factor in why the bids came in as low as they
did. He suggested the property be advertised in a different fashion,
with bids subject to zoning as a planned development with limited
access on Blu~btll Avenue. By doing that, he said, th~ Board will
m~tmtze benefits to the developer and to the County.
Page 48
Ju~y 30, 199~
In response to Commissioner Hasse, Mr. Kobza indicated retaining
ownership of the property is a viable alternative, however, the Board
needs to look at the cost of retaining that property rs. the cost of
land for alternative approaches to providing beach access.
Sandra Taylor, Real Property Director, agreed that the proper way
to market the site is for a developer to develop all 22 residential
lots, however, there are current deed restrictions on that property
that provide for single-family use only. She said she has spent the
past one and one half years working with the Vanderbilt Beach
Association in an attempt to amend their deed restrictions, however,
an agreeable solution has not been found. She asked the Board to keep
in mind that she cannot legally market a property which is zoned RMF-6
while it has deed restrictions for single-family use.
Mr. Kobza, responding as Vice President of the Vanderbilt Beach
Association, stated there will be no problem negotiating in terms of
the restrictions, so long as a planned development approach is taken.
He said that is more a question of density than anything else.
Art Jacob, President of the Vanderbilt Beach Association, com-
mented it may be possible to work out with the neighborhood some kind
of an adjustment to the deed restrictions so long as it satisfies the
neighbors. He added his belief that there would be no problem with
utilizing the parcel for beach access parking, however, it is a very
expensive piece of property to be used for that purpose.
Co~millton~= Sh~an a~nded the ~otion, seconded by Co~aissioner
H~ee am~ carrie~ 4/0 (Co~ts~toner Volpe abstained), to reject all
bi~ ~ ~t~tn the Bluebill prt~pert~F in the Coun'~r's inv~ntox-F for
'7'7
Page 49
July 30, 199!
~ ~ ]~ll~D ACTI01~ TO MAIITAIN COLLIER C0UFIT ~DICIL
~ ~I]~TI~ - ~TIt!~ lt~C019~I[OATIOFI APi~OVID ~ ~ BOARD IN
~ OF D~. ~q~T& RIONDA FOR ~ AFPOI~
Jay Reardon, Emergency Services Administrator, asked the Board to
support Stari'm recommendations to continue the current provision for
Medical Examiner services for Collier County. He mentioned the third
recommendation allows the County to continue paying the bills so that
there is no interruption in service, however, Staff has been informed
that the Estate Executor, Dr. Engstrand's father, is petitioning
Probate Court to gain letters of administration so he can create a
trust to pay the bills himself. He indicated Staff is in agreement
with that option if Mr. Engstrand is able to get approval of the
Court.
Co~iuioner S~mders ~ov~d, seconded by Co-~tastoner Shanahan and
carrt.d ~i~ou~l¥, to approvw $taff'a reco~endationa with r~ard to
mtntainin~ Collier Count-F Medical Examiner ser~ices.
In response to Commissioner Hasse, Mr. Reardon indicated his hope
to obtain an interim contract with Dr. Marta Rionda through the
State's Attorney within the next week.
Commissioner Hasse inquired how a long-term medical examiner will
be obtained?
Assistant County Attorney Manalich explained the Governor, after
receiving nominations from the Medical Examiner Commission, will fill
the vacancy.
County Manager Dotrill expounded that the Medical Examiner
Commission will solicit letters of recommendation from the Board of
,County Commissioners, the Sheriff and the State's Attorney. In the
interim, he said, the Board may go on record endorsing Dr. Rionda.
Co~d~ioner Harms ~ov~d, seconded by Ooniamlonsr S~undara and
carrt.du~ani~ou~ly, to support Dr. Marta Rtonda for pement
~ppola~t n Medical Examiner for Collier County.
![~f~TI~iTR NAFLE$ AIRPORT AUTHORITYFOR LAND TO LEASE FOR AN
Page 50
July 30, 1991
Mr. Reardon presented a request for direction and permission for
Staff to negotiate with the Airport Authority for possible use of a
portion of land for an Emergency Services Center. He reported facili-
ties are now fragmented throughout the County, many on a leased basis
which may not be renewed. He said the facilities Involved are EMS
headquarters, which also contains the warehouse for the division; an
EMS response station, Medic Two; classrooms and training facilities;
division offices; the emergency operations center, which in a Category
2 or Category 3 hurricane will be under two feet of water; helicopter
operations along Airport Road and the Medical Examiner's office.
Commissioner Volpe communicated his concern that not too long ago,
the County had an option go purchase a different site in the immediate
vicinity. He said it was an option of $700,000 to buy a piece of pro-
perry in a prime location, and the County gave up that option to nego-
tiate a short-term lease to relocate County agencies. He remarked
thls item is now concerning negotiations for a long-term lease with
the Nap/es Airport Authority for a very important essential service.
He said he feels very strongly that a mistake was made to give up that
option. Ee also commented that the Naples Airport Authority leases
the subject property from the city of Naples for $1.00 per year. He
noted the Board provides EMS services to everyone in the County, and
he does not want to see Staff negotiating a large rental payment for
five acres of ground which is the former landfill.
County Manager Dotrill communicated the recommendation is not for
a long-term land lease. He added the Naples Airport Authority Is
hoping that the County project will work so they can in turn,
encourage the County to mine the balance of the landfill so they can
lease that property to private industry.
Commissioner Volpe stated he wants to set the parameter for Staff
to negotiate a lease for a nominal amount.
carried u~mntmly, to approve Staff's recommendations to begin nego-
ttatto~ with the Airport Authorit~ regarding a land lease.
Page 51
July 30, 1991
Shinshin loved, seconded b~ ¢olltsmtonir Huse and
c~r~lMl~eat~masl¥, that Budget J~end~ent 91-286 be adopted.
~.,&~ 1990 ~R, Ik~CZ&T., R.~PORI'~ - &CC'~*P'I"~D
Clerk Giles stated that last month Finance Director Yonkosky pre-
sented the County's Comprehensive Annual Financial Report. He
disclosed that additional reports, which were not available at that
time, are being presented which include: the Auditor's Management
Letter regarding the Board of County Commissioners' and Constitutional
Officers' responses to that letter; Report on Schedule of Fresh Water
and Salt Water Fishing Licenses; Conflict Counsel Fees; Revenues,
gxl~enditures and Allocations of Court Costs; Audit Report for the
Pelican Bay Improvement District w/Management Letter; and the Collier
County Water/Sewer Dtstrtct's Report.
Finance Director Yonkosky affirmed that an additional report is
the cash audit that the Commission ordered to be undertaken at Pelican
Bay when the County took over the District last year. He mentioned
that two of the reports are statutortly required based on bond cove-
nants that the Board has made. He indicated that individual financial
statements for each of the Constitutional Officers are submitted in
addition to the Management Letter for the Board and the individual
Oonstttuttonal Officers.
Calling attention to the Management Letter to the Board of County
Commissioners from the Auditors, Mr. Yonkosky advised that the format
is statutortly required and contains suggestions and recommendatlons
to the County with respect to any items that are perceived as a
weakness in Internal control or suggestions to the Board, i.e.,
changing the impact fee ordinances to include a 3% or percentage of
costs to be taken out of each impact fee and put in th~ General Fund
to pay for the administrative functions associated with these fees.
Finance Director Yonkosky reported that the comments are divlded
Page 52
July 30, 1991
Into ~wo sections: comments relating to Items that were identified
last year but have not been satisfactorily addressed by the Board; and
new comments relating to things that have arisen during the past 12
months.
Commissioner Volpe remarked that recommendations have been made
with regard to accounting procedures and automation in the Shertff's
Office and questioned who would be responsible for bringing this
together, to which Mr. Yonkosky replied that ultimately the decision
would rest with the Board of County Commissioners. He explained that
in most Instances, there have been reactions on the part of Staff and
the Constitutional Officers, to correct, if they agree with the com-
ment.
Ms. Phyllis Jones, of Coopers & Lybrand, advised that each of the
Constitutional Officers' Management Letters are discussed and the
auditors work with them to implement changes to those. She revealed
that each of the comments relating to the Sheriff have been discussed
with him and his employees to ensure that the comments will be
resolved in the upcoming year.
In response to Commissioner Volpe, Ms. Jones affirmed that the
County has shown great improvement over the last few years, noting
that the controls that have been established are much better now than
they have been in the past few years.
~~i~n~ ~ahan ~ov~d, seconded by Co~aissioner Ha~se ~nd
c~rrt~ ~ni~l¥, to accept the Fiscal 1990 Financial Reports u
Commissioner Saunders explained the City of Naples has created a
position on their Beach Renourtshment/Maintenance Committee to be
filled by a member of the Board of County Commissioners or someone
appointed by the Board.
Co~miulon~r ~han~han ~ved, seconded by Commissioner Volpe and
Pmgm 53
30, 1991
to appoint Co~atsetoner Saunders to the Beach
!!esel~~t/)~dntenanc~ Co,mitt# of the Ctt~ of 11apl~, th~reb~
91-505.
Page 54
July 30, 1991
Comairtoner $h~mhan ~ovsd, seconded by Co~tssioner Hasse and
c~rt~d ummim~u~ly, to support the R~iorm! Planning Coun¢tl's
efforts ~ stablish an lconomic IN~elopmmt District, thereby
~p~~lu~t~n 91-504.
Page 55
July 30, 199!
Lieutenant Byron Tomltnson, representing the Sheriff's Office,
asked for approval of an agreement between the Department of Community
Affairs (D CA), Bureau of Public Safety Management, and the Board for
the use of Program Generated Income (PGI) existing in the Confiscated
Trust Fund. He advised PGI expenditures must be for one of the
approved program purposes outlined in the Controlled Substance Act as
approved by DCA. He said the total cost is for $12,925.61 to continue
~rant associated in-house treatment counselors for the period of
August 1, 1991, to September 30, 1991. He concluded with a recommen-
dation that the Board approve the PGI Agreement from DCA and authorize
the Chair~k~n to execute three copies of the Agreement.
~T~~t~P~IF, tO approv~ the Jl~e~ont with DO& for the m of
P~I ~~ in t~e Confixated Trust Fun~.
Page 56
BOA~DOFCOq~FTY (~3~IISSlONER' OOg~KINICATION$
July 30, 1991
Commissioner Goodnight communicated the Tourist Development
Council has requested the hearing regarding the TDC budget and recom-
mendations scheduled for September 3rd, be rescheduled for September
17th at 2:00 P.M.
''' Cm,mmiutaner Shanahah mov'e~, secouded ~ Ccmmission~r H~
~ ~t~ ~~ly, t~t t~ foll~ln~ lt~ ~er the con-
The water facilities to serve the project cannot be placed
into service and no Certificates of Occupancy shall be Issued
until the Florida Department of Environmental Regulation fur-
nishes a letter approving the water distribution system for
service.
2. Bacteriological testing has met the County's requirements.
The Fire Flow requirements of the project have been
satisfied, and the Fire District furnishes a letter accepting
the fire hydrant for ownership and maintenance.
See Page /0~
OR Book / J~ a Pages /& .~(:~-- /~7~
UNIT 01[~= - WIT~ STIPULATIONS
Accept the Performance Bond and Maintenance Bond as security
to guarantee completion of the Subdivision improvements.
Authorize the recording of the final plat of "Hawksridge Unit
One".
Authorize the Chairman to execute the Construction and
Maintenance Agreement.
That no Certificates of Occupancy be granted until the
required improvements have received preliminary acceptance.
That prior to preliminary acceptance of the subdivision,
Peninsula Improvement Corporation will contribute $8,100.00
toward the establishment of the Hawksridge Stormwater Pumping
System Municipal Service Taxing Unit.
See Pages /~---- //~
ItemSIll4
BU1)~HT AWE~DME]IT TRANSFEI~ING FUNDS TO DEVELOPI,~NT SERVICES
Ai~]I?-,~TI$~TIO~ FOR S'EKVICE~ RENDERED BY H~NDERSON, YOUNG & COMPANY -
1~ TI~ aelOUFT OF ~16,000
97
Page 57
30, 1991
B]3[~ PAT~ F!IGa-~CTS lvR/ORTTY ~ OX~ FOR F~ 1990-91
SOLICIT BIDS ~ COIP3~RUC~ZOR
:Item ~16B2
STAIITTOFRIPAI~ ST:II:q~LATKD FINAL ~ INVOLVING S.R. 951 PARCKL
126.R, ID~Lt$ COJEVKII~K]rt~K STORK PR01:vKRTY - :IN THK ADD:IT:IONAL AMOUJlT OF
~150,000
BZD 191-1713 FOR VKND:ING 14~CHINF~ &lqD VZDKO ~S AT PUBL:IC PJLR~S TO
llAFLB~~ JL!IDFJLRAHO JLI4USB34~NT~, :INC.
BUI)G~T~ I'IIURKASZNG CARRY~ Zg FUND 307 - 1983 LIBRARY
FOR OFI~CK Iq:TRN/~ - l'R THE AMOURT OF ~62,800
/I~C~/FT Cr~ $24,609 ~[N ~DDZT:ION&L O~ JLM~RICAIP3 ACT FUIIDS, ~S 01rl~3~D
~ET~AiI~&&G~]I~'YON&GING OF SOUTH CgIITRAL FT~)RIDA
See Page //7
S~C~T LIST OF ARC~~ ~ FOR &X ADD:IT:ION TO TH~ GOLDKN G&T~
~ LIBIULRT - ~ & 3~11SOII, F/RST; ~RIZZI~LL ARCH:IT~CTS, SZCOIID;
~ AIO CB&:IRI4A~ TO S:IGll CO~L'E~CT
:Item #16D1
Ztem ~IGD2
OR Book 1637 Pages 597 - 601
WITH fiTIS PIJF~S NOBILK HOMZ RKIITAL PARK
:Item tlfO3 C~mtinued to 8/6/92
Zt~m
~ ~ FOR TH~ &CCl~r/SITIOII OF
P~GTe 58
30, 1991
IJOT~CEOF!'Jti~ TO PAY AIFDAGRKKMKr/TO KXTKHD PAYMKFf OF SKWKR
IMFA~flPEES BITWKXISUNCOAST CORPORATION AND THE BOARD OF COUHTY
It~ ~107
See Pages
8RAIIT ~F UT/L/TY F~SKMR3FT TO FLORIDA POWKR AND LIGHT COMPAIY FOR THX
PetPost o~ PjmV3~m ~CTR~CAL SE~V~CZ TO Tag RAM U&TER
mT~Ou (cr~ P~OJ~cT ~o. 852 )
Pages -
~ TO SUBLK&SK B~ THE ZIOfOK&LKE CHILD CA~K CK]FFER, INC.
I~IFD ~ TRA/II]P8 AID KD~CAT~OIL~L CKIIT~R FOR THZ H&JFDZC .&FPKD, II~C.
&(~q..KKMK]~ BK'fWKKN COLLZKR COUJFTYAND THK
J~t.K&~F~ DISTRICT RE CONDITZOIS COFFAIFED IN
THE PARTIES DATED !J'KBRUA]~ 19~,,,199!
See Pages
'13~JEST FO~ P&RTICIPATZON Ill THK FLORTDA ASSOCZAT~ON OF COUJlTZKS,
gROUP ~ FfORIOlITER iPI~,ICITIO!I' FOR SiX COU)ITY DVIRO)IMZFfIL
~OJJ A81~CY'S JIPDKS CLASSZ!~KD IIID~3TRIAL FACZLIT/KS - ZJl AN
Pages 170-/73
CK]~f/I~CAT!~ OF CORRKCTZON TO TH~ TAX ROLLS AS PRKSKNTKD BY THK
1988
"o'.. 2gg/300 O OOOF'",[ ~ Datecl :ul¥ :18, Iggl
Page 59
July 30, 1991
1989
No's. 267/268
1990
Dated July 18, 1991
No's. 268 - 275
Dated July 1-16, 1991
I:~OMAL PROI:~'RT~
1990
No. 111 Dated 7/15/91
The following miscellaneous correspondence was filed and/or
referred to the various departments as Indicated below:
Memo dated 7/15/91 to Public Officials and Recipients of the
1991 Florida Local Government Financial Info Handbook from
Mary Kay Falconer, Executive Director, and Shannon Starace,
Legislative Analyst, Florida Advisory Council on
Intergovernmental Relations, re Request for Assistance and
Input. xc: John Yonkosky and flied.
Letter of 7/12/91 to BCC from Jeffrey Becker, Amaro,
Anderson, Nickel & Weber, P.A., re Daniel P. O'Brien, Jr.
xc: Nell Dotrill and filed.
Letter dated 7/11/91 to Chairman Goodnight from Maeve Reddin,
Executive Director, Area Agency on Aging of South Central
Florida, Inc., enclosing 1991 Fiscal Monitoring Report. xc:
Nell Dotrill, John Yonkosky and filed.
Certified Letter dated 7/12/91 to BCC from David L. Dawson,
Bond, Schoeneck & King, re the estate of Daniel P. O'Brien,
Jr. xc: Nell Dotrill and filed.
Cost Allocation Plan Audit as submitted by Carmen Fattca,
Director of Internal Auditing, Clerk's Office. xc: Flied
Letter dated 6/26/91 to Chairman Goodnight from Lewis O.
Burnside, Jr., Director, Division of Housing and Community
Development, Department of Community Affairs, re Contract
#91DB-57-OS-21-01-E19. xc: Nell Dotrill and ftled.
Letter dated 7/15/91 to Chairman Goodnight from Robert G.
Nave, Director, Dtv. of Resource Planning and Management,
Department of Community Affairs, re failure to adopt certain
land development regulations. xc: Nell Dotrill, Ken Cuyler,
Frank Brutt and filed.
Letter dated 7/15/91 to Chairman Goodnight from Ronald Davis,
Chief, Bureau of Housing, Department of Community Affairs, re
Community Development Block Grant Program, Contract
~90DB-49-O9-21-O1-H05. xc: BCC, Hell Dotrill and filed.
Letter dated 7/18/91 to Chairman, from Jori M. Iglehart,
Environmental Specialist, Florida Department of Environmental
Regulation, re 0ollter County - WRR, Filed #111996285. xc:
Neil Dorrtll, Harry Huber and filed.
10.
Memo dated 7/12/91 from Melta White, Senior Human Services
Program Specialist, gMS, Department of Health and
I 000~9.1~ Page 60
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
July 30, 1991
Rehabilttattve Services, re Emergency Medical Services County
Grant Expenditure and Program Activity Reports Reminder.
Neil Dotrill, Jay Reardon, John Yonkosky and filed.
Letter dated 7/10/91 to Chairman Goodn~ght from Michael S.
W~lliams, Director, EMS, Department of Health and
Rehab~litative Services, re non selection of funding for the
1991-92 EMS matching rant application for the Rescue
Equipment, Professional Education and Vehicles projects. xc:
Neil Dotrill, Jay Reardon, John Yonkosky and filed.
CC of letter to Gary M. Ward, P.E. from Tony D. McNeal,
Engineer, Bureau of Coastal Engineering and Regulation,
Department of Natural Resources , re Permit ~C0-192 A,
Westinghouse Communities of Naples, Inc. xc: Neil Dotrill,
Frank Brutt, Bill Lorenz and filed.
Memo dated 7/11/91 to BCC from Darrell W. Smith,
Administrator, Planning and Budgeting, Department of Revenue,
re Tax Collector's Budget Request for 1991-92. xc: Neil
Dotrill and filed.
Letter dated 7/16/91 to John Yonkosky, CPA, from Wayne J.
Martin, Chief, East Naples Fire Control and Rescue District,
enclosing Rebuttal: Febz~lary 19, 1991; Budget 90/91; and
Registered Office and Agent of the East Naples Fire Control
and Rescue District. xc: Nell Dotrill and filed.
Public Notice of Intent from U.S. Environmental Protection
Agency to Issue Hazardous and Solid Waste Amendments Permit
Under the Resource Conservation and Recovery Act (RCRA), as
amended by the Hazardous and Solid Waste Amendments of 1984.
xc: Bob Fahey, Neil Dotrill, Bill Lorenz and filed.
Letter to BCC dated 6/21/91 from James P. Ward, Assistant
District Manager, Lely Community Development Distr~ct,
enclosing Proposed Operating Budget for the Period 10/1/9!
through 9/30/92 re Lely Community Development District. xc:
Filed.
CC of Memo dated 7/11/91, to Division of Workers'
Compensation, from Timothy J, Jessiris, Henderson, Franklin,
Starnes & Holt, re Claim #114-30-5739, Walter Solomon, Date
of Accident 7/27/89. xc: Hell Dotrill, Ken Cu¥1er, Jeff
Walker and filed.
CC of Memo dated 7/11/91, to Dlvtston of Workers'
Compensation, from Timothy J. Jessiris, Henderson, Franklin,
Starnes & Holt, re Claim #303-74-3874, Kurt Gibbs, dated of
accident 10/5/87. xc: Nei/ Dotrill, Ken Cuyler, Jeff Walker
and filed.
CC of Letter dated 7/11/91 to Judge Blackwell from Attorney
Joseph Torres, re Case #91-1947-CA-01WLB, O'Sheas Restaurant
rs. BCC. xc: Filed.
Minutes Received and Filed:
A. Marco Island Beach Beautiftcation Advisory Committee
Agenda of 7/2/91.
B. Marco Island Beachfront Renourishment Advisory Committee
Meeting of 6/5/91.
C. Golden Gate Fire Control a Rescue District Agenda of
7/10/91.
000 , 01
Page 61
21.
22.
23.
24.
25.
26.
27.
July 30, 1991
Golden Gate Parkway Beaut/f/cat/on Agenda for 7/9/91 and
Meeting of 6/11/91.
Golden Gate YMCA Development Committee meeting of
7/11/91.
F . Environmental Policy Technical Advisory Board meeting
of 6/27/91
G. Water Management Advisory Board Agenda of 6/10/91.
Letter dated 7/12/91 w/enclosure of Update Chart of Accounts,
Capitalization Policy, Use of Computer, Interfund Transfers,
as submitted to the Auditor General from James L. Jones, Fire
Chief, North Naples Fire Control & Rescue District. xc:
Filed.
?/10/91 Notice to Owner to BCC from Gulfside Supply, Inc.,
advising that they have furnished roofing and/or sheet metal
for the Collier County Library, under an order given by
Crowther Roofing. xc: Nell Dotrill, Steve Camell, John
Yonkosky and filed.
7/10/91 Notice to Owner to BCC from Environmental System
Service, Inc., advising that they have furnished labor and
=atertal to install B/C temperature controls for the
Agricultural Extension Office Building, Immokalee Road, under
an order given by Wades Heating & Cooling, Inc. xc: Nell
Dotrill, Steve Camell, John Yonkosky and filed.
Notice dated 7/10/91 from the Public Service Commission, re
Order Amending Certificates to Include Addttfonal Territory
and Closing Docket re North Naples Utilities, Inc., to
include the Woodlands. xc: Nell Dotrill, Mike Arnold and
flied.
Twentieth Judicial Circuit, Certification of Costs re State
of Florida va. Randy Ray Denton, Case #91-1338-TM-CAE. xc:
Nell Dorrtll and flied.
Twentieth Judicial Circuit, Notice of Voluntary Dismissal re
Immokalee Water and Sewer Dlstrtct va. Wilson, etal. xc:
Ken Cuyler and filed.
Twentieth Judicial Circuit, Order Setting Trial Date for Jury
Trials of Civil Cases. xc: Nell Dotrill, Ken Cuyler and
filed.
000PA .102
Page 62
JU~y 30, 1991
There be no further for the Good of the County, the meeting was
adjourned by Order of the Chair - Time: 6:10 P.M.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS
CONTROL
ANNE GO~HAIRMAN
ATTEST:
JAMES C. GILES, CLERK
~: -" These minut~s approved by the Board on
~ as presented or as corrected
ooo . :to
Page 63