BCC Minutes 03/12/1991 R , / Naples, Florida, March 12, 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 RZGULAR SZ$$ION in Building
"F" of the Government Complex, East Naples, Florida, with the
following members present:
CHAIRMAN: Patricia Anne Goodnight
VICE-CHAIRMAN: Michael 3. Volpe
Richard S. Shanahah
Max A. Hasse, Jr.
Burr L. Saunders
ALSO PRESENT: James C. Giles, Clerk; Annette Guevln, Ellie
Hoffman and Wanda Arrighi, Deputy Clerks; Ron McLemore, Assistant
County Manager; Jennifer Pike, Assistant to the County Manager; Ken
Cuyler, County Attorney; David Weigel, Assistant County Attorney; Mark
Lawson, Assistant County Attorney, Ramiro Manalich, Assistant County
Attorney; Marjorie Student, Assistant County Attorney; George
Archibald, Transportation Services Administrator; Frank Brutt,
Community Development Administrator; William Lorenz, Environmental
Services Administrator; Bob Blanchard, Growth Planning Director; Stan
Litsinger, Growth Management Director; Ken Baginski, Planning Services
Manager; Dick Clark, Code Enforcement Supervisor; Bob Mulhere, Bob
Lord, Sam Saadeh, Bill Hoover, David Weeks, Ray Bellows, Michelle
Edwards and Wayne Arnold, Planners; Sue Filson, Administrative
Assistant to the Board; and Deputy Gary Young, Sheriff's Office.
Page
Tape #!
Itom ~3
A~ENDA - APPROVED WITH CHANGES
March 12, 1991
Commissioner Hasse moved, seconded by Commissioner Shanahan and
carried unanimously, that the agenda be approved with the following
changes:
3 o
Item #3A
Item #12D - Consideration by the Board of County
Commissioners to dedicate the Golden Gate Emergency Services
Complex in the honor of Staff Sgt. Mark Wttzke, U.S. Army,
who gave his life in Operation Desert Storm - Added.
(Requested by Co.L"_ssioner Hasse.)
Item #16D4 - Approval of Agreement for Professional
Engineering Services with Hole, Montes & Associates, Inc. for
Pump Stations 3.11 and 3.14 - Withdrawn. (Requested by
Staff.)
Item #16D5 - Approval of Agreement for Professional
Engineering Services with Hole, Montes & Associates, Inc. for
Master Pump Stations 1.03 and 1.O7 along Immokalee Road -
Withdrawn. (Requested by Staff.)
Item #16A1 - Resolution for Declaration of a Common Nuisance
- Compliance Services Case No. 91-O2-O1733. Owner of Record
- Atlantic Coastline Railroad Company - Moved to Item #9A2.
(Requested by County Attorney.)
Item #16D6 - Approval of Agreement for Professional
Engineering Services with Hole, Montes & Associates, Inc. for
24-Inch Water Main on Immokalee Road - Moved to Item #9D/.
(Requested by Commissioner Volpe.)
~ONSENT AGKNDA - APPROVED AND/OR ADOPTED
The motion for approval of the Consent Agenda is noted under Item
Item ,3B
REPORT - APPROVED
The motions for approval of the Clerk's Report are noted under
Item ,llA! and
Item ,4
MINUTES OF THE REGULAR MEETING OF JANUARY 8
PRESENTED , - APPROVED AS
Conissioner Shanahan moved, seconded by Commissioner Hasse and
carried unanimously, that the Minutes of the Regular Meeting of
Janu~ 8, 1991, be approved as presented.
Item
EMPLOYEE SERVICE AWARD - PRESENTED
~ 000PAG£ lO Page 2
March
Commissioner Volpe presented a service award to the following
Oollier County employee:
Jerry L, Hamm - Road and Bridge, District ! - 5 years
(Michelle McDonald, Parks & Recreation - 5 years - Not Presented)
FRO~LAMATION DESIGNATING MARCH 12, 1991, AS REVEREND THEODORE (TED)
KLEE~ DAY - ADOPTED
Upon reading and presenting the proclamation to Mrs. Sarah Klees,
Sam Turiel and Father Cha~'ies Sullivan, Oommissioner Shanaha.,% moved,
seconded by Commissioner Hmsee and carried unanimously, to adopt the
proclmmatton deet~nattng March 12, 1991, am Reverend Theodore (Ted)
Kleee Day.
Commissioner Shanahah read letters from the President of CURE and
the Board of Directors of the Immokalee Friendship House expressing
their appreciation and support for Reverend Klees.
Page 3
Narch 12, 1991
Item #5B2
PROCLA~U&TION DESIGHATING THE WEEK OF ~RCH 17-23, 1991, AS NATIONAL
MIDDLZ L~'EL EDUCATION WEEK - ADOPTED
Upon reading the proclamation, Commissioner Hasse moved, seconded
by Commissioner Saunders and carried unanimously, to adopt the
Proclamation Designating the Week of March 17-23, 1991, as National
Middle Level Education Week.
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Page 4
March 12, 1991
I~tOCI,~NA~IO~ D;SIGHA?ING 71~ Wg~; 0ff HARC~ l~-17, 1991, AS IOtOW YOUR
Upon reading and presenting the proclamation to April Guffey and
Steve Conte, Commissioner Saunders moved, seconded by Commissioner
Hesse and carried unanimo~2y, to sdopt the Proclamation Designating
the Week of March 11-17, 1991, ss Know Your County Government Week.
April Guffey, a Junior at Immokalee High School, thanked all those
involved in the work to make a program possible for students to learn
more about Collier County Government.
Steve Conte, a Junior at Lely High School, also thanked those
responsible for the program. He suggested that members of the Board
of County Commissioners visit the high schools to meet students and
learn their ideas as the future leaders of the community.
Page 5
March 12, 1991
Zt~m ~'6C2
ORDINAI~CE 9~-25, A COMPREHENSIVE SPEED LIMIT ORDINANCE FOR
COUNTY-MAINTAINED ROADWAYS - ADOPTED AS AMENDED
Legal notice having been published in the Naples Daily News on
February 6, 1991, as evid,;:.ced by Affidavit of Publication filed with
the Clerk, public hearing was opened to consider an ordinance to
establish speed limits on County maintained roadways.
Transportation Services Administrator Archibald advised adoption
of this ordinance will re-establish those speed limits approved in the
past and also recognize the need to adopt additional changes in speed
limits on certain roadways. In response to analysis from recent stu-
dies, he recommended the speed limit on Vanderbilt Beach Road between
Airport Road and C.R. 951 be increased from 45 m.p.h. to 55 m.p.h. He
stated the ordinance will lower the speed limit on C.R. 92, from
Dogwood Drive to 1,000 feet east of the Goodland bridge, from 55
m.p.h. to 45 m.p.h. to recognize the growth in single and multi-family
developments along that roadway. He said a third change involves
reduction to 45 m.p.h. on a portion of Rattlesnake Hammock Road from
U.S. 41 to Just east of St. Andrews Boulevard. He indicated a series
of other speed limits will be re-established by the subject ordinance,
rather than by resolution. He reported two revisions to the proposed
ordinance are being recommended this date. He said one is the addi-
tion of a speed zone within Fox Fire development which will officially
reduce the speed limit to 25 m.p.h. on Kino's Way and apply that limit
to all County maintained roads in Fox Fire.
Gounty Attorney Cuyler reported a second revision will re-format
the proposed ordinance by establishing Section 3 as an exhibit and
include wording to allow the Board of County Commissioners to change
speed limits by resolution. He said that will allow an on-going pro-
cess for changes which are expected to occur very frequently.
Commissioner Hasse commented he has received many complaints con-
cerning the speed of traffic in front of the Big Cypress Elementary
School. He stated the speed limit must be reduced because of the
Page 6
March 12, 1991
dangerous situation.
Commissioner Saunders suggested that Mr. Archibald be directed to
re-evaluate the establishment of a school zone during school hours at
that location.
Commissioner Volpe q%.~tioned why an increase is being proposed
from 45 m.p.h. to 55 m.p.h. on Vanderbilt Beach Road from Airport Road
to C.R. 951, particular in light of the new Vineyards Elementary
School and in the advent of a new community park? Mr. Archibald
pointed out that access to the school is not via Vanderbilt Beach Road
and all the children are bussed, however, if that condition changes
in the future a reduction to the speed limit will be proposed, He
reported studies have determined that at the present time, the
majority of people traversing that roadway are traveling at approxima-
tely 62 m.p,h. He said that indicates the speed limit can be safely
increased until conditions are created that wlil require a reduction.
In answer to Commissioner Volpe, Mr. Archibald indicated his
believe that all students are either bussed or are driven by private
vehicle to the Community School on Pine Ridge Road. He stated if an
investigation shows that children are gaining access to the school
through bikepaths or along that roadway, consideration can be made to
establish a school zone in that area.
Co.~issioner Saunders moved, seconded by Commissioner Shanahen and
carried unanimous/y, to close the public hearing.
Oom~iseionar Saunders moved, seconded by Commissioner Shanahen and
cmrrie~ %%nmni~ouel¥, to direct Staff to r~-evaluate the speed liait on
Pine Rid~ Road in the vicinity of the Community School.
Oo~iesioner Saunders moved, seconded by Commissioner Shanahen and
carried unmnt~ously, that the Ordinance as numbered and titled below
be adopted ~nd entered into Ordinance Book No. 43 with the amendments
~ recommended by Staff and with the establishment of a school zone
~d limit in the vicinity of Big Cypress Elementary School:
ORDINANCE 91-25
AN ORDINANCE TO BE KNOWN AS THE COLLIER COUNTY SPEED LIMITS
ORDINANCE; PROVIDING FOR FINDINGS AND PURPOSE: ESTABLISHING SPEED
LIMITS ON COUNTY-MAINTAINED ROADS AND AUTHORIZING THE
000 Page
":? .... March 12, 1991
ESTABLISHMENT AND/OR ALTERATION OF SPEED LIMITS TO BE DONE BY
RESOLUTION; PROVIDING FOR ERECTION OF SPEED LIMIT SIGNS; PROVIDING
FOR ENFORCEMENT; PROVIDING FOR CONFLICT AND SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
0RDINANC~ 91-26 CREATIN~ THE ENVIRONMENTAL POLICY TECHNICAL ADVISORY
BOAKD - ADOPTED AS AMENDED
Legal notice having been published in the Naples Daily News on
February 6, 1991, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened to consider an ordinance
establishing the Collier County Environmental Policy Technical
Advisory Board.
Bill Lorenz, Environmental Services Administrator, explained adop-
tion of this ordinance will assist Staff and the Board of County
Commissioners in developing environmental policies and regulations and
will also satisfy Growth Management Plan requirements. He said this
ordinance reflects public input, including the initial membership cri-
teria. He advised this advisory board will constst of seven members
with a variety of disciplines related to environmental protection and
natural resources. He said language has been added to allow appli-
cants with expertise in other areas deemed appropriate by the Board to
be considered for membership. He indicated a key point in the crt-
terla for initial membership allows three positions to be filled by
individuals with expertise in the biology field, which will reflect
that the initial three to four years of the board will deal with ani-
mal wildlife and vegetative issues. Also reflected in the criteria is
the limitation of terms to one year to provide for flexibility in the
future. He noted a letter has been received from Mr. David Land with
suggestions with regard to specific language within the ordinance as
well as the need for three biologists.
In answer to Commissioner Saunders, Mr. Lorenz summarized the
changes as recommended by Mr. Land, indicating that Staff concurs with
the proposed language. However with regard to the elimination of
Sections Two B.2. and Two B.3., he suggested the word "protection"
be added to Section Two B.i., to read, "advise on the beneficial use,
Page 8
March 12, 1991
'protection', conservation .... "
Mr. Lorenz disagreed .;_'.h Mr. Land's suggestion of not having
three biologist positions on the Board and recommended the Board of
County Commissioners approve Staff's original suggestion.
Commissioner Volpe questioned what the relationship will be bet-
ween this Group and the ad hoc committee on land development
regulations7 Mr. Lorenz replied no specific coordination mechanism
has been set up, however, there will be a need to coordinate efforts
so that as an ordinance is developed, no Gaps in the processes or pro-
cedures remain.
Commiss~oner Volpe commented that the technical expertise of the
members of this group must be tempered by the practical application
to those directly impacted by it.
Commissioner Saunders suggested that one of the remaininG four
positions be filled with a land use lawyer who represents property
owners in the County.
Commissioner Goodnight suggested the County Attorney revise the
language in Sections Three B and Three E.4 to be consistent with the
language of the Advisory Board Ordinance.
County Attorney Cuyler pointed out that Section Three F requires
a unanimous vote of the Board of County Commissioners in order to
remove a member of this group. He said the Advisory Board Ordinance
requires only a majority vote.
Commissioner Goodnight suggested the language be revised to
require a ma3orlty vote for removal from office.
Gary Beardsley recommended either the addition of a fourth biolo-
gical or land resource management person to the committee or the
enlargement of the group to add other areas of expertise.
Gharlotte Westman, representing the League of Women Voters of
Collier County, disagreed with the suggestion to enlarge the commit-
tee. She indicated her support for the ordinance as proposed by Staff.
David Addison, speaking on behalf of the Conservancy and as
Chairman of the Environmental Advisory Council, supported adoption of
Page 9
March 12, 1991
the ordinance, however, recommended against the deletion of Sections
Two B.2. and Two B.3., as suggested by Mr. Land. He also agreed with
Mrs. Westman that the group should not be enlarged.
Tape ~2
Eileen Arsenault, representing the Collier County Audubon Society,
supported Mr. Addison's comments relative to the deletion of the two
sections of the ordinance. She mentioned her concern with the
language pertaining to members being "without special conflict of
interest".
Commissioner Goodnight pointed out that the proposed committee
is strictly an advisory board, therefore, the public will have the
opportunity to address any possible concerns to the Board of County
Commissioners as the final forum.
David Land strongly suggested the group be enlarged to nine mem-
bers to include a more broad range of technical experts in the
environmental protection field.
Barbara Cawley, with Wilson, Miller, Barton & Peek, Inc., agreed
that the committee needs to be balanced with expertise from the engi-
neering, planning and legal communities.
Co~m~ssioner Saunders moved, seconded by Commissioner Shanahah and
cm~'ried urimn~;usl¥, to close the public hearing.
Com~mlss~oner Saunders suggested that the Board consider the
following changes: 1) elimination of the $720 for advertising, to
rely instead on Public Service Announcements and public posting of
meetings; 2) Section Two B.1 to read, "advise on the preservation,
conservation, protection, beneficial use and management of the physi-
cal and biological natural resources...; 3) Sections Two B.2 and Two
B.3 be deleted; 4) Section Two B.4, to read, "advise and assist the
County staff and Board toward developing the purpose, intent and cri-
teria of all Collier County ordinances, policies, programs and other
initiatives dealing with natural resources; 5) Section Two C.3, to
read, "Assist the Board in developing and revising, as appropriate,
local rules, ordinances, regulations, programs and other initiatives
0oo. 21
Page 10
March 12, 1991
..."; 6) Section Three A, be changed to increase the membership from
seven to nine members; 7) within Section Three D, language be added to
provide at least one person with expertise in land use management on
the committee; 8) Section Three C, be revised to eliminate reference
to conflict of interest; 9) Section Three F, be revised to read, "Any
member of the EPTAB may be removed from office by a majority vote of
the Board; and 10) make Section Three E.4 consistent with the Collier
County Advisory Board Ordinance dealing with successive terms and
appointments.
Commissioner Volpe suggested that the last sentence in Section
Three C, be entirely eliminated, to which Commissioner Saunders con-
ourred.
O0~/seloner Saunders moved, seconded by Commissioner Shanahen and
carrim ~l~usly, that the Ordinance as numbered and titled below
be mdopted and entered into Ordinance Book No. 43 with the amendments
ORDIN;~NCE 91-26
AN ORDINANCE ESTABLISHING THE COLLIER COUNTY ENVIRONMENTAL POLICY
TECHNICAL ADVISORY BOARD; 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 LIBERAL CONSTRUCTION~ PROVIDING FOR
REPEAL OF SUBSECTIONS a, c, d, e AND f OF SECTION SEVEN OF COLLIER
COUNTY ORDINANCE NO. 87-97; PROVIDING FOR REIMBURSEMENT OF
EXPENSES; PROVIDING FOR REVIEW PROCESS; FOR CONFLICT AND
SEVERANCE; PROVIDING AN EFFECTIVE DATE.
easDepu~y Clerk Hoffman replaced Deputy Clerk Guevin at this time'''
PI~B~IO H~ARINQ TO CONSIDER ADOPTION OF A RESOLUTION PERTAININO TO THE
PIN~ aID~ I~$TRIAL PARK AREA IMPROV~M~NT ASSESSMENT DISTRICT -
¢ONTI~;~D TO 4/9/91
Assistant County Manager McLemore requested that this item and
companion item, 9H1 be continued to April 9, 199! due to errors in the
document which have Just been brought to his attention.
County Attorney Cuyler advised that the Commission may hear the
people who have registered to speak, but noted that this item will
need to be continued and because of increased costs, renotiftcation is
required.
22
Page 11
March 12, 1991
Mr. Bob Moates, representing the majority of the registered
speakers, stated that it would be in the best interest of everyone to
delay this item.
Mr. K. 0. Vaughn stated that this issue began years ago when there
were different Commissioners on the Board. He indicated that after
the first meeting, he approached each Commissioner and asked if he
voted for or against the Assessment District on the premise that there
was a petition from the people who wanted this. He noted that he was
informed that three of the five Commissioners voted in favor, under
the impression that there was a petition; one Comm]ssioner could not
remember which way he voted; and another Commissioner voted in favor
since something similar was being done on Marco Island. He remarked
that he spent two hours looking for the petition in public records but
was unable to obtain same. He suggested that each and every property
owner be sent a letter asking if they want to spend their money in
this regard.
county Attorney Cuy]er advised that each of the property owners
will be notified and they will have the opportunity to speak at the
April 9th meeting.
Commissioner Saunders requested that County Attorney Cuyler report
to the Commission early on at the April 9th meeting, as to how the
district was established and whether it was established properly
according to the ordlnance.
C~i~loner Sh~ moved, seconded by Co~lssloner Sanders ~d
o~r~ ~l~usly, tha~ ~his item be continued
~C~TXON TO AWeD CO~OT FOR BID NO. 90-15~3, CONSTRUCTION OF
~ ~NS, S~IT~Y S~RS, ROAD AND D~INASE I~ROVE~S IN THE
PX~ RI~ I~US~I~ P~K AR~ IMPROVEME~ ASSESS~ DISTRICT -
CO~I~ TO
Assistant County Manager McLemore suggested that ~hls item be con-
tinued in conjunction with companion item 6C10.
C~s~Aoner S~~ moved, seconded ~ Co~lssioner Sanders ~d
~~ ~~sly, that this item 'be continued ~o 4/9/91.
Paue
March 12, 1991
I~em~51
R~SOLUTION 91-248, RE PETITION PU-90-30, ROBERT L. DUANE OF HOLE,
MONTES & ASSOC., INC., RKPRESENTING FLORIDA ROCK INDUSTRIES,
REQUESTING PROVISIONAL USE "O" FOR A PORTABLE ASPHALTIC CONCRETE BATCH
PLANT LOCATED AT THE CORNER OF CR-95! AND IMMOKALEE ROAD - ADOPTED
SUBJECT TO STIPULATIONS AS AMENDED
Planner Saadeh reported that this petitioner is requesting a
Provisional Use of the A-2 Zoning District to allow construction of an
asphalt plant on an 80 acres site in the existing Mule Pen Quarry,
located on the North side of Immokalee Road and East of CR-951. He
noted that this petition is consistent with the Growth Management Plan
and all agencies and staff involved recommend approval of same, sub-
Ject to the stipulations listed in the agreement sheet.
Mr. Saadeh explained that two people spoke in opposition to the
proposed petition at the February 7, 1991CCPC hearing and three
letters of opposition have been received. He indicated that the
Planning Commission recommended denial of said petition.
In response to Commissioner Volpe, Growth Planning Director
Blanchard advised that when the subject petition came through for
review he determined that it was consistent with the Growth Management
Plan based on the language contained in the Future Land Use designa-
tion description section which indicates that other non residential
land uses are permitted within the urban designation, noting that
earth mining, oil extraction and related processing are allowed. He
stated that since the primary resource that would be used for the
aggregate for the asphalt would be mined on the same site, it could be
termed "related processing".
Commissioner Saunders stated that it is rare to see staff recom-
mending approval of this project and the Planning Commission voted in
opposition to same.
Mr. Saadeh divulged that the CCPC voted 6/2 to deny this petition,
and they sympathized with the speakers voicing their concerns as
neighbors. He advised that staff's recommendation for approval
remains unchanged since the project meets all requirements.
Commissioner Shanahah questioned whether staff ha~ taken into con-
000 PA[,[ ~4' Page 13
March 12, 1991
sideration such factors as odor, noise and conditions to the
atmosphere, to which Planner Saadeh replied affirmatively, pointing
out that the petitioner will have to comply wlth state and federal
regulations.
Commissioner Goodnight recalled that the Commission previously
directed staff not to look at heavy industrial areas in which to
locate these plants because of what is takinG place on Commercial
Drive, and to look at areas outside the urban area.
Mr. Blanchard stated that durlng the next Plan amendment cycle
staff will be recommending that asphalt plants be sited in the rural
Commissioner Hasse questioned the proximity of the plant to the
nearest residences, to which Planner Saadeh replied that the closest
residences are off Acre Maker Road which is a driving distance of 1
mile from the entrance to the quarry itself, and the site for the
plant is approximately 1,200 feet from Immokalee Road.
Attorney Dudley Goodlette of Cummings & Lockwood, representing
Florida Rock Industries, advised that 94% - 96% of the processing of
the aggregate necessary to produce asphalt will be produced on site.
With regard to the vote of the Planning Commission, he indicated that
he feels that some of the issues that arose and the objections that
were raised are not appropriate for consideration under the ZoninG
Ordinance and the Comprehensive Plan, but noted that he is prepared to
address all those this morning.
Mr. Stanley Hole of Hole, Montes & Associates, representing the
petitioner, explained that in 1986, the Miami Herald named Florida
Rock Industries as the Florida Corporation/Florida Company of the
year. He remarked that this company is fully aware of its public
responsibilities and their responsibilities to the state regulators.
Mr. Hole commented on some of the concerns that have previously
been cited. With respect to air, he indicated that the responsibility
for air monitoring and air regulations rests with the Department of
Environmental Regulations (DER). He'advised that he has spoken with
25
Page 14
March 12, 1991
the Assistant Secretary of DER, and has been informed that there are
four plants operating in Collier County; APAC operates two of the
plants in Golden Gate, and neither DER or any other agencies have
received any reports of violations and no citations have been issued
to those plants in 24 years of operation; Better Road operates two
plants and records reveal two complaints for the Shirley Street plant,
but no violations have been registered for the CR-951 plant. He
reported that in total, two complaints have been filed but no cita-
tions for more than 40 years of asphalt plant operations in Collier
County concerning air. He noted that operating tests and surprise
investigations are conducted by DER.
Mr. Hole divulged that DER, South Florida Water Management
DiStriCt, Big Cypress Basin Board and Bill Lorenz have indicated that
they have no knowledge of any problems with water resulting from over
40 years of plant operations in Collier County.
Oommlssioner Volpe pointed out that this is an area that is near
the location where the water treatment plant was to be located and
questioned whether there would be any negative impacts on the Coral
Reef Aquifer from the existing operation and the asphalt use that is
contemplated, to which Mr. Hole stated there would be no negative
impacts from same.
Mr. Robert Duane stated that several criteria need to be met:
compatibility of the site; safe and efficient egress; compliance with
the Comprehensive Plan; and standards in the Zoning Ordinance with
respect to Provisional Uses within the A-2 District.
With respect to the compatibility of the site, Mr. Duane reported
that this is a 1,000 acre site which includes 2 miles along Immokalee
Road. He noted that the portable plant will be located within the 80
acre-site on approximately § acres and the nearest residences is about
3/4 mile away. He explained that the access point for ingress/egress
is located at the existing entrance and there are no other curb cuts
in this'vicinity.
Mrs-. -Duane called attention to the standards of the Zoning
Page 1 5
March 12, 1991
Ordinance, noting that there is an 80 acre site size required for
these uses in the A-2 District and these are the most restrictive
minimum lot size requirement in the Ordinance. In addition he related
that there is also a 500 foot minimum setback from adjoining property
lines which is a sharp contrast to the standards of the Industrial
District which also permits asphalt plant. He divulged that if this
site were to be located in an industrial area, only 1 acre minimum lot
size would be required.
Mr. Duane advised that every five years, the zoning for asphalt
plants must be reviewed and brought back before the CCPC and the Board
of County Commissioners, therefore, if any urbanization occurs around
this area, the Commission has the opportunity to review any changed
conditions around the site.
Commissioner Saunders questioned whether the petitioner
understands that if this petition is approved, he has no vested rights
to a continuation of that provisional use after the five year period.
Mr. Duane replied affirmatively, and added that after five years, an
entirely new application would be reviewed but the applicant would not
be required to pay the fees to go back through the process again.
In answer to Commissioner Volpe, Mr. Duane explained that the only
plant that is subject to the five year review provision is the Highway
Pavers site on CR-9§I since it was approved pursuant to the criteria
for provisional uses in the A-2 Zoning District.
Mr. Duane addressed the ingress/egress and advised that a waiver
has been granted with respect to an impact study since plants such as
this produce the material on site which reduces the number of trips
that would be required if the material was taken off the site and pro-
cessed at some other location. He noted that he recently provided
staff with a traffic study which contains additional detail. He cited
that in a worse case scenario, he anticipates that this plant could
produce 20 truck loads of material per hour and assuming that each of
those are a new trip with the truck coming off the site would result
in 40 trips per hour. He stated that the capacity of Immokalee Road
Ill 2,7
Page 16
March 12, 1991
at Level of Service "C" is over 1,500 trips per hour and therefore,
the amount of traffic to be Generated from this site is not dissimilar
from a single family subdivision and will have a negligible increase
on the level of service. He indicated that traffic is not an issue at
this location. In addition, he noted that there is one ingress/egress
point and safe site stopping distance from the intersection and It is
not located on a curve. He remarked that no turn lanes are required
in conjunction with this pro3ect.
In summary, Mr. Duane stated that very strict state and federal
permitting requirements must be met. He noted that the only material
that will be stored on site which is presently not there is fuel oil
which must be in an above ground tank. He related that smoke, noise
and odoT ate not issues of concern since this plant Is the latest
state-of-the art design and dust and air particles are trapped back
Inside the plant and circulated back into the asphalt material.
In answer to Commissioner Hasse, Mr. Duane replied that the gases
ate contained within the plant and circulated back into the materials
and there are no emissions outside the plant since they are very care-
fully controlled and regulated by the permitting agencies.
Commissioner Volpe questioned whether a determination has been
made that there is a need in the community for an additional asphalt
plant. Mr. Duane replied that the benefit that this project has is
that It is close to a source of fill material, close to roads that
need to be expanded and having additional sites provide for more com-
petitive prices to reduce the cost of the material to the consumer.
In answer to Commissioner Volpe, Mr. Duane advised that Florida
Rock has an asphalt plant in Ft. Myers.
Mr. Gene Henderson advised that he is President of Pavement
Planning & Maintenance Systems which is a consulting firm that works
with Cities, Counties and the State in the planning of highway
construction. He stated that he has worked for the Department of
Transportation in the State of Florida for 30 years. He reported on
the pTocess of making asphalt concrete.
28
Page 17
March 12, 1991
Tape ~3
In response to Commissioner Hasse, Mr. Henderson explained that a
hot flame is sent through the combustion chamber.
Commissioner Shanahan questioned whether the bags in the bag house
are replaced, to which Mr. Henderson replied that they are replaced at
60 day intervals.
Mr. Don Darley, of Florida Rock Industries, stated that he has
been the Director of Environmental Affairs for his company for the
past 27 years. He noted that his duties and responsibilities are In
keeping Florida Rock environmentally clean and complying with the laws
and regtllattons at the local, state and federal level. He remarked
that he has been involved with putting four asphalt plants into opera-
tion in the State of Florida in the last ten years, and is involved
with four additional plants in the State of Georgia. He reported that
there have been no complaints against his company as long as they have
the bag house type plants since they are 99.9~ efficient in cleaning
the air.
In answer to Commissioner Saunders, Mr. Darley advised a #2 fuel
will be used with limestone which neutralizes the acid and comes out
as moisture as many of the power plants do.
Mr. Darley explained that these plants will produce no more than
4 pounds per hour of S02 (swamp gas) which is a minimal amount.
Commissioner Volpe questioned the number of new jobs that would be
created if the Provisional Use is approved, to which Mr. Darley
replied that this plant would hire 6 to 8 people directly at the site
of the plant and the number of secondary jobs would be quite sizeable.
Recessed: 12:25 P.M. - Reconvened: 1:45 P.M. at which
ti~e De~Tut~y Clerk Arrtght replaced ~puty Clerk Hoff~ ''*
M~. Dasley referred to a lette~ dated February 21, 1991 which the
Co~issioners seceived and explained the questions it raises. He
noted that the concern se~ardin~ the failure of a cloth ba~ house unit
being used to filter out the p~rticu]ates is unfounded because
acco~din~ to the EPA and DER this method is the cleanest and most
29
Page 18
March 12, 1991
efficient used. In reference to the concern regarding blue smoke
being emitted, he commented that by the plant using the bag house unit
for its plant the efficiency rate is 99.99~, therefore, blue smoke
will not be a problem nor will any other kind of smoke. He informed
in response to the concern of the aggregate dryers, that only clean
fuel will be used with all the safety features incorporated into the
state-of-the-art asphalt plant.
In response to Commissioner Volpe, Mr. Darley stated that his com-
pany does not own the plant, but the plant brought in must meet the
specifications they dictate and a signed contract committed to.
Mr. Darley emphasized that there will be no burning of used motor
oil. He advised that the material that will be stored on site will be
the asphalt cement material which will only pour at ll0 degrees and
otherwise is solid and the fuel oil which will be stored in an above
ground tank with secondary containment. He noted that there will be a
berm placed around the five acres where the plant and tanks are
located for a secondary precaution against any spills.
Mr. Darley explained in response to Commissioner Volpe that the
entrance proposed for the plant is the same road that has been used
for a number of years, and added that if it is not paved now he will
have it paved.
In response to Commissioner Volpe, the paving expert commented
that the asphalt business is not seasonal and weather permitting,
paving can be done year round.
Mr. Darley stated in answer to Commissioner' Shanahan that the
asphalt plant which exists in Ft. Myers is located at the quarry and
is the same state-of-the-art plant as proposed for the subject loca-
tion with no reported problems.
Mr. Darley clarified that the operations of the plant is
contracted out with very specific requirements and in particular the
environmental cleanliness of it. He stated that if the contracted
operator does not meet his company's standards, the plant will be
closed down. He reported that negotiations are under way for an
Page 19
March 12, 1991
operations contractor for this plant.
Dudley Goodlette concluded that the subject petition meets all
required criteria and will comply with all the provisions established
by the Board, and asked for the Board's approval.
Commissioner Saunders asked if the petitioner would commit to four
items which are to use clean fuel; that after the provisional use
expires in five years there will no anticipation that the provisional
use will be automatically extended; that the entrance road to the
plant from Immokalee Road be paved; and that any intersection improve-
ments on I~unokalee Road such as turn lanes or acceleration lanes be
provided by the petitioner. Mr. Goodlette concurred.
Mr. Duane informed that impact fees are determined based on the
amount of fill material removed from the property which is in accor-
dance with the Excavation Ordinance.
The following people spoke against the approval of the subject
petition:
Jane Ruck
Mark Price of Frost & 3acobs, representinG W.3. Williams
Owen Northacker, representing 180 residents from the Crystal
Lake RV Subdivision
George Keller, President of Collier County Civic Assoc.
Gary L. Beardsley
The following reasons were given for the request of denial of this
petition: Submitted for the record a detailed source listing from EPA
noting that the bag house does not control the gaseous emissions pro-
duced by the plant only the particulates; the question of who will
maintain the bag house plants which require constant maintenance to
keep them from failing; DER is required to monitor once a year for
particulates but not for gaseous emissions unless under a specific
request, and since the DER is overworked and understaffed at this
time, the observation to request such an investigation regarding
Gaseous emissions will go unnoticed; there are already sufficient
asphalt plants in the area; as shown on the future land use map, the
proposed plant is surrounded by urban/residential designation;
according to the County's Growth Management Plan its objective is to
Page 20
March 12, 1991
protect environmentally sensitive areas and to protect potable water;
questioned whether the requirement of the Growth Management Plan to
provide an industrial land use study has every been completed; the
Flltu~e Land Use map shows no indication in the subject area for a com-
mercial or industrial land use criteria; the material to be used for
the asphalt plant will not be limited to the on-site resources which
will account for a greater impact of truck traffic than anticipated;
there has not been a recent traffic impact study conducted in the area
of the proposed plant; the subject petition is a request for a provi-
sional use to a quarry which is already a provisional use and does not
make this a normal use for A-2 zoning as suggested by staff; the
suggestion that the proposed plant will be located in a remote loca-
tion is erroneous, and photographs of the planned projects surrounding
this area were provided for the record as well as an aerial photo of
the area with the proposed growth shown; a school is proposed in the
subject area; there is the possibility of an accident at the plant
producing acid rain; the proposal only says that it will minimize che-
mical contact with the ground water, but does not say will be pre-
vented, and the storage of diesel, fuel oil, chemicals and the washing
of the trucks after use could result in a potential. accident con-
taminating the drinking water; accordinG to the Comprehensive Land
Plan Objective Policy 3.3, there was to be a local ground water pro-
tection ordinance to protect existing and future potable well fields
by August l, 1989, and this is not in place; an asphalt plant located
at the proposed site will not enhance the area but rather will deter
prospective homeowners; the proposed area is not a compatible area for
a plant of this type; and a petition of 687 signatures of residents of
the area and other concerned citizens was presented opposing the pro-
posed plant.
Growth Planning Director Blanchard stated that the industrial land
use study is presently under process and will be included in the next
Plan amendment schedule. Mr. Blanchard advised that based on his
interpretation of the proposed plant, it is currently consistent with
Page 21
March 12, 1991
the Comprehensive Plan.
Commissioner Volpe questioned how the Well Field Protection
Ordina/lces will impact this area regarding the issue on water con-
tamination? Environmental Services Administrator Lorenz stated that
the modeling done so far on the County's existing well field shows
that this particular area is outside the boundary of the Well Field
Management Zone. He explained that the ground water travel time will
take many years to reach the drinking water supply.
In response to Commissioner Saunders, Mr. Darley stated he will
agree to a condition requiring that there will be no washing of the
trucks on-site. He explained that as to the operating capacity this
will depend on the economy and the business, and it is unusual for an
asphalt plant to operate at ]00% capacity.
Commissioner Saunders questioned whether the storage tanks for the
fuel oil will have impervious floors, and if an impervious dike will
be placed around all areas where there will be asphalt materials
stored and fuel oil stored? Mr. Darley explained that the fuel oil
will be stored above ground with a secondary containment comprised of
solid concrete which will be provided with an oil/water separator.
Mr. Darley noted that there are existing test wells on-site to monitor
possible water pollution.
Commissioner Saunders recommended that a condition be made to have
an adequate ground water monitoring program, acceptable to the Collier
County environmental staff, and paid for by the petitioner, and the
County staff would have direct assess to the wells for their own
sampling. Mr. Darle¥ agreed to this condition and added that any
additional test wells required will be placed as close to the storage
tanks as possible.
In response to Commissioner Shanahan, Mr. Darle¥ informed that the
rock quarry is not planned to be phased out, and the life of the pro-
Ject ~s pro~ected to be the same as the life of the quarry which is
expected to be another 15 years. He acknowledged that the con-
Page 22
March 12, 1991
ttnuation of the portable asphalt plant will depend on a review by the
Board every five years.
Mr. Darley described for Commissioner Shanahan that there will be
an environmental auditing program where he also tnvestJgates the
plant for violations and will review the reports by DER and the
operatinG company. As to the question by Commissioner Shanahan
regarding gaseous emissions, Mr. Darley reiterated that the cleanest
otl possible will be used which will produce very little gaseous
emissions and according to the EPA approximately 80% of these will be
eliminated by the exposure to the lime rock. Regarding the main-
tenar~ce issue, Mr. Darley explained that DER will establish their per-
mit conditions and maintenance inspections, and he agreed to have his
company oversee the maintenance inspections.
Transportation Services Administrator Archibald responded to
Commissioner Shanahan's question regarding traffic in the subject
area, by stating that the traffic counts in 1989 on C.R. 846 were
below lO,000 vehicles per day and approximated that the truck traffic
would be below 15% of this total which places the level of service at
a low C level. He added that special traffic counts have been con-
ducted on C.R. 846 east of C.R. 951 which show there is capacity on
O.R. 846 to handle the additional traffic for at least one year, and
C.R. 951 is planned to be widened incurring no capacity problems.
In response to Commissioner Volpe, Mr. Archibald explained that
the impact fees will be paid at the time of the site development plan
process which will be handled the same way as any expansion or new
excavation site. He advised that the impact fee will be based on the
number of two way trips from the plant and the determination of the
number of new lane miles impacted by the two way trips.
Oommtssloner Shanahan pointed out that the agreement presented
states that 100~ of the material required will be mined on-site and
it has been noted that 94% to 96% will be on-site, therefore, the
agreement will need to be changed.
Mr. Blanchard noted that the aggregate used will be mined 100% on-
Page 23
March 12, 1991
site.
Commissioner Hasse commented that he has concerns relative to the
owner not operating the facility, the proposed berm, the length of
<,~'; ' time the plant will operate, the emission of toxic fumes, and the
~...<.~i'.'additional traffic proposed.
· Gommissioner Volpe suggested that this petition be reviewed under
a temporary use permit in order to shorten the length of operating
time. Mr. Blanchard affirmed that this could be done.
Gommtssioner Saunders summarized that he understands there will be
.-. no night time operations which will dismiss the concern about glare
> from the lights and experts have testified that there will be no noise
· produced by the plant. He added that the water pollution issue has
been addressed by the proposed berm, appropriate cement floor, and the
ground water monitoring agreed to by the petitioner. As to the air
pollution, he noted that whether the plant is located at this site or
< another there will still be the same amount of toxic fumes emitted
i:[.'i which will travel, contributing to the possibility of acid rain which
makes this argument irrelevant.
' Commissioner Goodnight stated that there would be mitigation in
,: . the fact that the proposed plant would help to ease the operation from
.. the asphalt plant on Shirley Street where there have been two
Commissioner Shanahan pointed out that when the petitioner applies
for an extension of the provisional use, he has to agreed to comply
with all applicable County Ordinances at the the time of submittal.
O~m~lsioner $munders moved, seconded by Commissioner Shanahan to
a~rov~ P~titton PU-90-30 with the following conditions: 1. The
pet/tier ¢~its to use only the cleaner fuel such as #2 fuel otl;
2. T~e ~'oviston~l Use will expire in three years and at that time a
.... ~"~tit~o~ will need to be submitted for any extension; 3. The
~ ......p~tit~a~r will pave the entry Road through to the facility; 4. All
~- . Tul-n-~'~ a~'=~leratton lanes and/or improvements needed on Immokalee
Ro~ will be at the cost of the petitioner; 5. There will be no
Narch 12, 1991
on-site; 6. There will be an appropriate canant
fl~ ~r all areas where there is storage of asphalt or otl
~ateriala; 7. The facility will be subject to all new ~utdelines as
approval a~d adopted by the County Comalesion; 8. There will be no
night tins operations; 9. The ~round water monitoring program that
will be conducted will be available to the County staff for review,
~ staff will be allowed to conduct their own w~ter sampling iron a
well to be placed close to the oil storage facility; 10. Florida Rock
~ies will ~onttor the operations of the lessor; and 11. This
riLl.be · state-of-the-art bag house facility, and thereby adopting
1~t~0t1~.1o~ !10.91-248.
· Commissioner Volpe recommended that the Provisional Use expire in
two years, and suggested that the lease agreement with the plant
operator will incorporated into the resolution.
Mr. Goodlette affirmed that he will make a copy of the lease
agreement with the operator available to the County Attorney's office.
He appealed, however, to the fairness of the two year requirement, and
stated that there is an element of economics involved.
Commissioner Volpe reiterated that he would feel more comfortable
with a two year requirement because of the growth in the proposed
area.
C~mi~li~n~r Saunders a~ended his motion to reflect the expiration
Of l~Iprovt~ional use to be in two years with the time beginning at
Streamlet Plan approval. Commissioner Shanaban seconded the
In response to Commissioner Volpe, Mr. Goodlette stated that
application for the Site Development Plan will be submitted within 90
days.
:':::.. · ........el~o~.call for t~ question, the sotion carried 5/0.
000,, , 38
Page 25
March 12, 1991
3:45 P.M. - Rmconvened: 4:00 P.M. at which
D~pu~ Clerk Guevtn replaced Depu%~ Clerk Arrighi
Item e7~4
PETITION AW-90-3, FRANCES C. TIFFT, REPRESENTING J. T.'S STORE, INC.,
~q~~ A WAIVER OF 218 FEET FROM THE 500 FEET MINIMUM REQUIRED
SEPARATION DISTANCE BETWEEN PLACES SERVING ALCOHOLIC BEVERAGES AND A
CHURCH - DENIED
Legal notice having been published in the Naples Daily News on
2/24/91, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened to consider Petition AW-90-3, filed
by Frances C. Tifft, representing J. T.'s Store, Inc., requesting a
218 foot waiver from the minimum separation requirement of 500 feet
between places of business serving alcoholic beverages and a school,
church, public park or playground, for property located at 370 Mamie
Street in Chokoloskee.
Planner Hoover explained Petition AW-90-3 is a request for a 218
foot waiver from the required 500 feet separation between J. T. 's
Store and the Church of God in Chokoloskee. He noted that two days
prior to the CCPC hearing, the Church of God submitted a letter of
objection to the petition. He indicated Staff once again reviewed the
request, however, continues to recommend approval because 1) the store
does not open until 1:00 P.M. on Sundays; 2) the store is not to be a
bar and all sales of alcoholic beverages will be an accessory use; and
3) the proposed use is not out of character for a high intensity
neighborhood with many mixed uses. He advised the CCPC approved the
petition by a 4/3 vote conditioned upon limitation of any music levels
and the sale of alcohol to remain an accessory use which will not be
sold before l:00 ~.M.
Commissioner Saunders commented that the intent of the ordinance
is that a variance can be requested if a real barrier, i.e., a canal
or road, exists between facilities. He asked for a description of the
physical separation between the store and the church.
Planner Hoover responded there are two mobile homes and a roadway
in between the two facilities. He added that when standing at the
church, the store cannot be seen.
Page 26
March 12, 1991
Commissioner Saunders remarked that when asked In the past, Staff
has assured him that there is a legitimate reason for the 500 foot
separation between a church and an establishment selling alcoholic
beverages. He said the ordinance should be amended to reduce the
required separation if this type of request is granted.
Planner Hoover agreed that a problem may exist with a bar or
night club, however, the request is for a convenience store/deli whose
intensity is much less than if all sales are alcoholic beverages.
In response to Commissioner Volpe, Planner Hoover advised the con-
dltion placed on music levels was added as a precautionary measure by
Staff, even though there is no music intended by the petitioner.
Frances Tifft explained that her establishment is a small grocery
store at which sandwiches are sold to increase income. She stated
there are three picnic tables in back of the store at which customers
eat their sandwiches, and many have asked if they may also have a beer
with their lunch. She indicated that is the reason for her request.
The following people spoke in opposition to Petition AW-90-3,
c/ting the short distance from the church, the many youth activities
sponsored at the church and the school bus which stops directly in
front of the store:
Raymond Rewis Sam Holland
George Keller Mayor Carlton Butler
In rebuttal to remarks made by the above speakers, John Tifft
stated that most of the people who spoke against the petition,
although members of the Church of God, do not live in Chokoloskee.
C~mm~i~r Shanahah moved, seconded by Commissioner Hasse and
C~-~Y~ ~X~Z~ly, to close the public hearing.
C~smioner Hasse moved, seconded by Commissioner Saunders and
carri~ unani~usly, to deny Petition AW-90-3.
Tape ~
s~-~M~]rf P~OPOSAL BY TH~ CITIZEN'S POLITICAL COMMITTEE, INC. AND
$AM~ E. ~$LERR~GARDING CHALLENGES TO THE GROWTH MANAGEMENT PLAN
AND I~AND DEVELOPMENT REGULATIONS - DECLINED AND CHAIRMAN TO APPOINT
OO~I$$IONER TO M~ET WITH PRINCIPALS TO ATTEMPT COMPROMISE
Assistant County Attorney Student updated the Board on the current
status of the challenge by the Citizen's Political Committee, Inc.,
/ 000PAG£ 4~ Page 27
March 12, 1991
and James K. Kessler, of tolllet County's Growth Management Plan and
Land Development Regulations. She informed the administrative hearing
is scheduled for April l, 1991. She advised the Board on the key ele-
ments of the settlement proposal, concludinG with a recommendation to
decline the offer of settlement.
In answer to Commissioner Shanahan, Ms. Student responded that
many of the areas in the settlement proposal have been entered into
with the Department of Community Affairs and the interveners, pursuant
to the stipulated settlement agreement.
Gommissioner Volpe suggested, because of the possibility of
expending a considerable amount of public funds on this issue, that
the Board consider utilizing a mediator to help resolve the situation
rather than Going straight lnto the administrative hearing process.
Commissioner Saunders mentioned that there are two attorneys
servtnG as Commissioners and perhaps one could be appointed by the
Board of County Commissioners to meet with the County Attorney and the
attorney representing The Citizen's Political Committee to investigate
whether a settlement can be negotiated and if not, then proceed with
the administrative hearinG.
Attorney Robert Apgar, representing The Citizen's Political
Committee, advised that the Genesis of the proposed settlement
agreement was to put forward ideas that would be acceptable to his
client as to better ways for the County to Go forward with certain
programs, and cure what his client feels are the defects within those
programs. For example, he said, the ZoninG Re-evaluation Ordinance
(ZRO) amounts to a massive rezoning that will exempt people from the
Comprehensive Plan which is done without any notice to the public and
without public hearings before the Board of County Commissioners. He
ind~cated the settlement proposes that the re-evaluations be handled
w~th public notice, public hear~r~ and opportunlt l~s for publlc input.
He said that is a reasonable, middle ground to handle that issue.
Commissioner Volpe questioned .if Staff has a recommendation
regardinG the issue of public participation in the process7
Page 28
March 12, 1991
County Attornmy Cuyler advised that issue falls into the cate-
gory of a procedural time process and money issue. He said the issue
can be looked at, however, the Board needs to consider whether to slow
down the process and incur the additional costs of advertisements, etc.
Attorney Bruce Anderson pointed out that public notice and public
hearing will be required on any compatibility exception if the zoning
is changed.
Bob Blanchard, Growth Planning Director, attempted to clarify the
issue by stating If a compatibility exception is granted, the zoning
stays the way it is and there ls no public hearing. If the exception
is denied, he said, there is the potential for a rezontng or the
potential for an appeal to the Board of County Commissioners. He
stated if the zoning is proposed for a change there is a public
hearing, and any appeal made to the Board of County Commissioners
requires notification through the agenda publications.
Commtelioner Shanaham moved, seconded by Commissioner Rases and
c~t'~ted 4/1, (Co~isstoner Saunders opposed) to decline the settlement
propo~ml which does not preclude on-going discussions, dialogue and
negotiati~ns with the principals involved.
Co~u[ui~er $~11ndere moved, seconded by Commissioner Shanaham
thmt the Chmtrm~n mppoint a member of the Board of County
C~io~m~e to ~t with the principals along with the Collnty
A~tol'l~y to &tte~pt to work out a settlement that will be acceptable
to th~ ~o~l~d of County Commissioners.
Commissioner Volpe suggested that Commissioner Saunders be given
consideration for this selection because he feels it will be very
difficult for a member of the Board to participate in the on-going
discussions. He said an independent person should be involved.
Commissioner Saunders clarified that the intent is not to come up
with an absolute settlement, rather to find a middle ground which can
be brought back to the Board.
Commissioner Volpe asked if all meetings will take place with the
Board's counsel, to which Commissioner Saunders replied that if he is
Page 29
March 12, 1991
appointed, it must be within hls discretion whethe~ he wants the
County Attorney present. He added although more than likely he will
want the County Attorney present, if he will be required to have
someone with him in those meetings, then he does not want to be
involved.
Upon ca/1 for the question, the motion carried 4/1 (Couissioner
Volpeopposed).
Ira ell&l mm~d ellA2
BUDG~X ~ 91-113~ 91-116 ~ 91-118 -
c~t~~~1~, that ~4~et ~ent~ 91-113, 91-116 ~ 91-118
Xt~J1)C
Transportation Services Administrator Archibald informed the Board
that Staff has completed a Florida Department of Transportation (FDOT)
permit which is being submitted for approval to place flags on the
lights at both the north and south approaches to the Marco Island
· bridge. He said the initial period of the permit is for 90 days with
a renewal period depending upon the results. He advised a response
from FDOT is expected by the end of the week, and if the permit is
approved, Staff will work with a group on Marco Island to install the
flags at no expense to Collier County.
Richard Gibbons, Support Group of Collier County, spoke on behalf
of residents in the community with family members in the Persian Gulf,
indicating his appreciation of the people on Marco Island.
ComLtoston~r Shanaban moved, seconded ~ Contsstoner Hasse ~d
~t~ /~ly, to appr~e placement of flags on the lights at
~ ~2 ~ m~th a~roaches to the Marco Brtd~e at no
It~ ~12D
~ S~. ~O~D ~, O.S. ~, ~0 G&~ R~S ~ D~RG
Page 30
March 12, 1991
Commissioner Hasse communicated that the new Golden Gate Emergency
Services Complex will be dedicated on March 28th. He reported that
Staff Sgt. Harold Wttzke, a 1981 graduate from Barron Collier High
School, gave his life while serving during Operation Desert Storm and
asked-the Board to consider that the new complex be dedicated in his
memory and honor and that a plaque be placed near the facility's flag-
pole.
~ufoner H~se moved. seconded by Commissioner Goodnight and
ca.tie, unanimously, that the Golden Ga~e Emergency Se~ices Complex
~ ~t~t~ in ~ ~d honor of Staff Sgt. Harold Witzke ~d that
m pl~ wi~ his ~e ~ placed near the faciltty's fla~le.
It~C11
P~ITIO~ ~&-89-16, ~ HE~ERSON CA~EY OF WILSON, MILLER, B~TON
~ ~, ~C., ~S~ING ~ON GO~, ~USTEE, FOR O~GE~EE
TO o ug g - =0
Legal notice having been published in the Naples Daily News on
1/24/91, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened to consider Petition PDA-89-16, filed
by Barbara Henderson Cawley of Wilson, Miller, Barton and Peek, Inc.,
representing Amnon Golan, Trustee, for Orangetree Associates,
requesting Amendments to the Orangetree PUD located on the east side
of C.R. 846, Immokalee Road and north and south of Oil Well Road.
Mark Lawson, Assistant County Attorney, recalled that this peti-
tion was continued from the meeting of 3/5/91 to allow the peti-
tioner's attorney and the County Attorney's Office time to resolve
issues related to the utilities portion of the proposed revision to
the Orangetree PUD. He reported that to date, the issues are not
resolved. He advised that the petitioner would like to have the item
continued, and is aware that this will necessitate re-advertising. He
suggested that the Board direct Staff and the petitioner to ensure
that a facilities agreement is contained within the petition when it
comes back to the Board, which will outline procedures under which
ut~lities will be provided to that community in the future.
Page 31
March 12, 1991
Attorney Bruce Anderson, representing the petitioner, agreed that
attempts have been on-going to reach an agreement. He explained the
applicant is requesting the County to agree not to take over utility
service for a ten year period and in return, the County Attorney's
· Office is attempting to gain certain concessions. He stated they have
been unable to come to an agreement. He said the client has now
directed that if an agreement cannot be reached, the utilities segment
of the settlement agreement is to be left as originally approved, and
· ~ust proceed on the other amendments to the PUD. He noted this is not
a typical development order approval, rather it is the result of liti-
gation over vested ~ights. He added the petitioner is not opposed in
'.':' principle to a facilities agreement, however, does not want one that
forces them to give up any rights they received from the settlement
agreement.
C~uloner Saunders m~ved, seconded by Co~missioner Volpe and
cartie4 unanimously, that Petit/on PDA-89-16 be continued, that it be
re--~;~x'ti~e~ ~ prior to being brought back to the Board, that a
facilities &~reement be negotiated between the petitioner and the
Oo~u~%~ &ttorn~' s Office.
aCeDeemS-Clerk Ho~an r~laced Depu%~ Clerk Guevin at this time'''
~OLUTION 91-249 RE PETITION SMP-90-23, HAROLD T. BENOIT,
l~~rxN~ C%'IF~FD INVESTMENTS, REQUESTING SUBDIVISION MASTER PLAN
APP~N~L FOR ][-MART CENTER TO BE LOCATED ON THE NORTH SIDE OF GOLDEN
(~AT~ P~Y, APFROXIMATELY 0.8 MILES EAST OF SANTA BARBARA BOULEVARD
- ADOPTED SUBJECT TO PETITIONER'S AGREEMENT
Legal notice having been published in the Naples Daily News on
February 10, 1991 as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened to consider Petition SMP-90-23,
filed by Harold T. Benoit, Jr., of Hole, Montes & Associates, Inc.,
representing Cynwyd Investments, requesting Subdivision Master Plan
approval for K-Mart Center, located on the North side of Golden Gate
Parkway, approximately 0.8 miles East of Santa Barbara Boulevard.
Planner Saadeh advised that the petitioner is proposing to sub-
divide a 29.63 acre parcel into three. lots, two of which are out par-
March 12, 1991
Gels. He indicated that all pertinent agencies and staff involved
recommend approval of this petition, subject to the stipulations
listed in the Agreement Sheet. He noted that no correspondence,
either for or against this petition has been received. He reported
that the CCPG unanimously recommends approval of the petition, subject
to staff's stipulations.
Commissioner Volpe questioned whether there is any ability to have
regulatory authority of the uses of the out parcels, to which Mr.
Saadeh responded that any use under the C-4 Zoning would be allowed.
Commissioner Hasse asked whether there are any deceleration
lanes. Planner Saadeh replied that deceleration lanes begin at the
Winn-Dixie to the entrance of the subject property which abuts Barnett
Bank.
Mr. Harold Benoit of Hole, Montes & Associates, explained that at
this point in time, he is uncertain as to what will be going into the
two out parcels. He noted that negotiations are currently underway
with the Food Line Corporation as the second anchor. He indicated
that access to the two out parcels is to be through the major shopping
center parcel which is to regulate and control traffic control along
Golden Gate Parkway.
Planning Services Manager Baginski affirmed that within the review
of the SMP there are conditions with regard to the restrictions of
access to those parcels and to a certain degree will eliminate or
control some of the uses that may go in there.
There were no other speakers.
Oo~f~toner $h~na~n moved, seconded by Commissioner Hasme and
:. cmrrt~d~un~nimousl¥, to close the public hearing.
C~aimioner Hasae moved, seconded by Commissioner Shanahah and
=i~~i~:~l¥, to approve Petition SMP-90-23. thereby adopting
· !le~oltltlon 91-249, ~ub~ect to the Petitioner's Agreement.
ooo '48
Page 33
March 12, 1991
MIG~EL V. G~EI~I~ATO RE REZONING OF PROPERTY - PETITIONER TO MEET WITH
COUITTY &TTOIIN~ AND STAFF TO DETERMINE AVAILABLE ALTERNATIVES
Mr. Michael Cerrato advised that he owns property in Naples Park
which was originally zoned C-3 but has recently undergone rezoning.
He explained that he appeared before the Commission in January, 1989,
when he purchased the property and understood that he needed to obtain
a variance since this is a non-conforming lot which abuts residential
property.
Planner Weeks advised that the lot in question ls one that was
rezoned on January 7, 1991, as a part of the Zoning Re-evaluation
Program. He indicated that initially staff recommended that this pro-
perty be rezoned to RSF-3, single family district. He related that at
the first public hearing staff was directed to look at properties such
as this, located close to U.S. 41 and to come back with a different
recommendation. He remarked that staff came back at the January 7,
1991 hearing and recommended RSF-6, residential mult J-family district
and as per staff's suggestion, the Commission did fezone that property
to residential.
Mr. Weeks pointed out that adjacent and to the west, property is
zoned RMF-6 and is vacant; to the south and east is developed property
zoned C-3. He stated that staff went through the certified mall pro-
cedure and notified Mr. Cerrato of a potential zoning change and
advising of the ability to submit applications to preserve the zoning.
He divulged that Mr. Cerrato failed to submit an application and pur-
suant to the Ordinance, his property was rezoned to RMF-6. He noted
that this property may be developed with a single family home or if
the adjacent property to the west is purchased, a duplex could be
developed on the two lots together.
Mr. Cerrato stated that he was under the impression that his
variance would stand and that he would be allowed to move forward with
conducting a furniture shop business. He indicated that there was
000 55
Page 34
March 12, 1991
further confusion with regard to the Adequate Public Facilities fee,
Mr. Weeks reported that Mr. Cerrato did obtain a setback variance
in 1989, but he also received certified mail advising of the zoning
re-evaluation program and a possible change in his zoning and because
he did not submit an application to preserve same, his property was
rezoned to residential but he is requesting C-3 zonln9 in order to
develop commercial.
Coutsstoner Volpe questioned whether the Commission has the
authority to grant any relief to Mr. Cerrato in the context of his
public petition. County Attorney Cuyler replied negatively, noting
that there is a certain process which needs to be followed. He
explained that return receipt of the certified mail has been received
which indicates that Mr. Cerrato did in fact receive notice of the
rezoning. He cautioned that if exception is taken to the process, the
Commission is opening itself up to potential challenges. He advised
that his relief is to file an application for fezone or to take this
further to Circuit Court.
Mr. Cerrato expressed that all his permits are in place and site
development was approved in November, 1990. He acknowledged receiving
notification from staff with respect to the possible rezoning, but
believed that this was for people who had made no attempts to move
forward with their properties. He indicated that he went out of his
way to ensure that his building would be aesthetically pleasing since
it would be located next to a residential area.
Commissioner Volpe advised that the two evening public hearings
were held to listen to people who were in the same type of situations
as that of Mr. Cerrato and to find a fair way of dealing with same.
He reiterated County Attorney Cuyler's remarks that legally, the
Commission does not have the authority to give Mr. Cerrato the zoning
that he had prior to the zoning re-evaluation.
In answer to Commissioner Saunders, Mr. Weeks advised that the
Zoning Re-evaluation Ordinance provides for a 120 day period from the
date of the mailing of the certified letter for the property owner to
000,,,,: 56
Page 35
March 12, 1991
submit one or more applications in an effort to preserve that zoning.
He noted that Mr. Cerrato's letter was sent out on July 30, 1990 and
his last day to submit such an application was November 27, 1990.
It wa~ the con~m of the Comtsston that Mr. Cerrato meet with
the C~mtF Attorn~F ~d Staff to deterthe the available alter~tt~l.
X~'~
~~ el-2~O, ~ ~ITION V-90-18, DAVID G. G~Y, ~Q~STING A
T.~ ~ V~E ~ ~ ~QUI~D SIDE Y~ SE~OK OF 15 ~ET FOR
~O~ ~A~ AT 818 9~ A~ NOR~, LOTS 35 · 36, BLOCK 53,
N~ ~ ~T 4 - ~D
Legal notice having been published in the Naples Daily News on
February 10, 1991, as evidenced by Affidavit of Publication flied with
the Clerk, public hearing was opened to consider Petition V-90-18,
filed by David G. Gray, requesting a 7.5 foot variance from the
required side yard setback of 15 feet to 7.5 feet, in a RMF-6 Zone,
for property located at 818 93rd Avenue North, Lots 35 and 36, Block
53, Naples Park, Unit 4.
Planner Arnold stated that the petitioner is requesting a 7.5 foot
reduction in the required side yard setback of 15 feet· He advised
that the applicant currently has a pool screen enclosure that is
within ?.5 of the property line and noted that that situation occurred
as a result of the old zoning district that was applied in 1975.
C~[~X~r S~unders moved, seconded by Commissioner Shanahen and
c~rri~d unan~u~l¥, to close the public hearing.
C~t~toner Saunders moved, seconded by Coralsstoner Shanahen and
"~:~ ~ ~A~i~ ~lx~ntu~l¥, to approve Petition V-90-180 and that Resolution
· 4:: '-gl-2~"~",
:,!?-,-
..,.,, ~i..:-
57
Page 36
March 12, 1991
P~TITZO~ &-91-1, J~s H. SIESKY REPRESENTING HUBSC~ ASSOCIATES,
~ OF FALLIN~ NATERS PUD, REQUESTING ~ ADMINIST~TI~ ~P~L OF
~ ~NG/Z~ING DI~OR~S DECISION ~T ~E PROPOSED ~LIC
~A~ IS NOT A PErilED USE - PLYING/ZONING DIRECTOR'S
DECIS~ ~TAI~D
Legal notice having been published in the Naples Daily News on
January 27, 1991, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened to consider Petition A-g1-1,
filed by Attorney James Siesky, Siesky & Lehman, P.A., representing
Hubschman Associates, owners of the Falling Waters Planned Unit
Development, (PUD), requesting an administrative appeal of the
Planning/Zoning Director's decision that their proposed public
restaurant is not a permitted use within the PUD located on the South
side of Davis Boulevard and West of Santa Barbara Boulevard.
Community Development Services Administrator Brutt reported that
this petition is a request of an administrative appeal of the
Planning/Zoning Director's decision that the proposed public
restaurant at Falling Waters is not a permitted use.
M~. Brutt explained that Falling Waters is a PUD located on Davis
Boulevard, comprised of 490 units and a 15 acre commercial site which
is a part of an Activity Center. He noted that the applicant desires
to construct a restaurant of approximately 4,675 SF with 260 seats.
Mr. Brutt pointed out that he believes that this is an intrusion
of a major commercial activity into a residential area for the purpose
of expanding the commercial outside of the activity center. He
explained that when the Planning/Zoning Director reviewed said peti-
tion, it was his decision that the public restaurant as depicted
in the plans is not a permitted use since it is above and beyond the
two parts of the Planned Unit Development of the Falling Waters pro-
3ect. He noted that the first portion of the project contains 15
acres of the activity center and the second part of the project is a
residential development which is proposed to have some recreational
activity associated therewith. He reported that it is staff's conten-
tion that the commercial restaurant is in conflict with the Growth
Page 37
March 12, 1991
Management Plan. He Indicated that the PUD tdentified a small
restaurant, but when looking at a restaurant of 260 seats and dealing
with a population of 2.5 persons per dwelling unit, it is obvious that
this facility could not be run based on the utilization of the people
from within the project. He called attention to Page 7 of the Staff
Report which identifies a parking lot of approximately 133 or 135
spaces.
Mr. Brutt requested that the Commission determine that the
Planning/Zoning Director did make the proper decision when he said
that this restaurant falls outside of the uses permitted in this par-
ticular PUD and SDP application.
Attorney James Siesky, representing Hubschman Associates,
addressed PUD Ordinance 89-44, and noted that this was adopted on July
18, 1989, six months after the adoption of the Comprehensive Plan. He
noted that this document recognizes consistency with the Plan. He
pointed out that under the heading of "Recreational Area", is the word
"Restaurant", noting that there are no restrictions to the word
"restaurant". He related that the Zoning Ordinance defines
"Restaurant" as "An establishment where food is ordered from a menu,
prepared and served for pay" which would imply to be commercial. He
noted that Webster's defines "Restaurant" as "A public eating place".
Attorney Siesky distributed a copy of a letter (not provided to
Olerk's Office) that he sent to the Community Development
Administrator. He explained that the substance of his letter includes
other PUD's, i.e. Audubon, Countryside, Fox Fire, Eagle Creek,
Longshore Lakes, Vineyards and Windstar. He noted that the following
uniform language is included under the designation of "Golf Course or
Country Club: Small commercial establishments including gift shops,
golf equipment sales, restaurants, cocktail lounges and similar uses
intended to exclusively serve patrons of the golf course and other
permitted recreational facilities." He pointed out that the Collier
County Zoning Ordinance has a district known as "Recreation and Open
Space" which permits restaurants in conjunction with recreational
62
Page 38
March 12, ]991
activlties. He indicated that although the Countryside and Fox F~re
PUD's specifically state that restaurants there are not to serve the
public, they do, and noted that they advertise In the newspaper and
the yellow pages.
Mr. Siesk-y called attention to the case of Thomas vs the City of
Crescent City, §th District, 1987 case which relies on the legal prin-
ciple that zoning laws are in derogation of private rights of
ownership and words used in zoning ordinances should be given their
broadest meaning when there is no definition or clear intent to the
contrary, and the ordinance should be
perry owner. He suggested that there ]s no clear intent displayed in
the ordinance to limit the restaurant use ~n any way.
Mr. Siesky spoke to the arguments of staff which indicate that the
PUD implies that the restaurant is an accessory use to the Recreation
Element, He c~ted that Section 4.3A says it is a principle use.
Commissioner Volpe pointed out that Section 4.3A2 talks about
principle uses being recreational areas: swimming pool, clubhouse,
restaurant, tennis courts, etc. He stated that it appears that the
~ntent is that a restaurant would ]n fact be to serve those
recreational amenities in that particular area. Attorney Slesky
replied that he respectively disagrees since he sees no clear intent
to limit same.
Com~issioner Vo]pe stated that he does not view Going out to eat
as a recreational activity.
In answer to Commissioner Saunders, Attorney S]esky reported that
the restaurant could be placed in the commercial area but the plan was
to have a restaurant in conjunction with the pool and other activi-
t~es. He noted that if the restaurant is to be placed across the
street, in the commercial area, Jt w~u]d ~nvo]ve a uiGnJficant
redrafting of the plans.
Mr. Slesky explained that staff indicates that if during the
review of the PUD the restaurant had been determined to be a
restaurant open to the general public, ]t would have been required to
Page 39
March 12, 1991
be relocated within the approved commercial tract, noting that in
essence, staff missed the restaurant during their review.
Mr. Brutt reported that the statement of compliance within the
Ordinance relative to the proposed project states the following:
"Falling Waters complies with the planning and development objectives
Of the Growth Management Plan. The proposed FallinG Waters PUD is
comprised of two principle uses: 40.5 acres of residential and 15.5
acres of commercial. Residential land use consists of two and three
story mult~-family structures, swimminG pools, and associated
accessory uses; the total number of dwe]ling units is 490, yieldinG a
density of 6,7 dwelling units per acre. The residential portion of
the project ks projected to be done in four phases; exact location of
the phase lines have yet to be established, however, the number of
dwelling units per phase have been provided in the PUD document." He
noted that nowhere in the introductory statement of compliance does tt
reference a restaurant comprised of a seating capacity of 260 and in
excess of 4,000 SF, which would be a major impact.
Attorney Slesky advised the Commission that once the approvals are
~n place from the Corps of Engineers, the intent of the Hubschman's is
to ask the Board for an amendment to the PUD to eliminate the commer-
cial, and to make same entirely residential.
Co~u~ss~oner Saunders stated that Generally, an associated
accessory use would be somethinG that is fairly minor, noting that a
small swimming pool would not have as an accessory use a 500 seat
restaurant, but instead, a snack bar, or something that would be rela-
tive to the use that it is accessory to. Mr. Siesky indicated that
the ordlnance defines a restaurant as a principle use and not as an
accessory use.
In answer to County Attorney Cuy]er, Mr. Brutt explained that he
does not believe that it is a complimentary use to have a 260 seat
restaurant for 490 dwelling units. He cited that he would define an
accessory use to the recreation facil~ties for that number of dwelling
units as a small cabana size facility serving light breakfast in the
64
~aGe 40
March 12, 1991
morning and sandwiches, but not a restaurant of the size proposed.
Commissioner Hasse questioned whether restrictions could be placed
on this restaurant for internal use only, to which Mr. Brutt responded
that this would be almost impossible to do. He remarked that this
could be accomplished if there is a clubhouse facility where a person
walks into a physical building and is restricted to pay by membership
card only but if there is a cabana type facility at a swimming pool,
anyone could utilize same.
Mr. Slesky emphasized that this is not an accessory use, and
requested that the Commission approve the restaurant at the proposed
location as designed. He pointed out that if staff and the Commission
intended for the developer to be limited to a snack bar, this should
have been spelled out.
There were no other speakers.
CoB~iesion~r $hmnahan moved, seconded by Commissioner Hasse and
cmo~*ried unmnimously, to close the public hearing.
C~issioner Volpe ~oved, seconded by Commissioner Hasse to
~ th~ determination of the Planning/Zoning Director that the
proposed public restaurant within the Falling Waters PUD is not a per-
Commissioner Saunders stated that the fact that this is listed as
a principle use, persuades him to uphold the recommendation of the
Hubscb. man representative, and therefore is not in favor of the motion.
Commissioner Goodnight related that she concurs with Commissioner
Saunders and noted that she considers going out to eat as a
recreational activity.
~ mll for the question, the motion carried 3/2 (Commissioners
~ ~ (~nt~ht opposed).
Planner Bellows stated that this item is a request for a
Provisional Use extension to allow an expansion of the parking lot and
Page 41
March 12, 1991
uses.
(:~t~t~m~ Sa~t~rs ~ov~d, seconded by Commissioner Shanahah and
~t~o~1¥, to continue the extension of Provtolonml Use
~ ~x, thereby adopting Resolution 91-251.
Page 42
March 12, 1991
Zt~ ~B
MR. & MRS. $OLIMINH REQUESTING DETERMINATION AS TO W~ETHER A PUBLIC
NUI~ EXI~ ON LOT 4, BLOCK 375, UNIT 12, MARCO ISLAND -
ADMll~I~TI~ FEE WAIVED; PETITIONER TO PAY $45 MOWING CHARGE; STAFF
TO AI)VI~"E WHAT IS MOWABLE SO PETITIONER CAN COMPLY IN THE FUTURE
Mr. Vincent Solimlne explained that Ordinance 85-33 indicates that
he is in violation of having multiple grass tn excess of 18" in
height. He noted that he is not against the ordinance but does object
to the violation against the property by the Building Inspector. He
provided copies of the layout of his lot, the Hideaway area behind his
lot and several other vacant lots which are overgrown. He noted that
the ordinance requires that the area is to be more than 50% mowable,
but his lot does not fit into this description, and therefore, does
not understand the logic behind the violation which he was issued.
Mr. Sollmlne stated that he asked the man who did the mow/rig to
ascertain that more than 50% was mowable, however he indicated that
the mowable portion comprises 19%.
In answer to Commissioner Hasse, Mr. Solimine reported that when
he first received notification to mow the lot, he contacted Tripp and
Day but Mr. Day called him back and stated that the lot was not
mowable. He recalled that when he received the second notification,
he contacted County staff and advised that the lot is not mowable and
that was the end of this.
Mr. Solimine explained that he received another notice indicating
that the weeds are over 18" in height on Kendall Drive. He provided
photos that indicate that the weeds are not over 18" high.
Code Enforcement Supervisor Clark stated that there appears to be
a difference of opinion. He reported that in the Investigator's pro-
fessional opinion, the lot is 50% mowable, and it is the contractor's
opinion who mowed the lot that it is 50% mowable.
Mr. Clark suggested that the administrative fee in this situation
be waived but that Mr. So/imine be responsible to pay the mowing fee
of $45 and maintain the property in the future.
0ommissioner Shanahan stated that he believes that Mr. So]imine
72
Page 43
March 12 1991
has a valid point with respect to whether this lot is mowable.
In answer to Commissioner Hasse, Mr. Clark replied that the ordi-
nance defines "mowable" "as being able to be mowed with a bush hog".
C~tomer ShanahaD ~oved, seconded by Commissioner Volpe and
c~x~'t~ ~u~u~l¥, that the administrative fee be waived; that the
Pettt~r pay the $45 mowing fee; and that staff determine what is
· owable ~n the ~ubJect lot so that the Petitioner can comply in the
~N~8~IT~ DE~FELOPM~NT DIVISION REQUESTING A WAIVER OF THE VARIANCE
APPLI~.~TION F~ ON BEHALF OF WARREN EISENER FOR PROPKRT~/ LOCATED ON
~LOCK 2, Edit 45, UNIT 3, OF VANDERBILT BEACH SUBDIVISION - APPLICATION
C~Ni~r Saunders ~oved, seconded by Commissioner Shanahan and
~:.:' ~l'~tg~[~o~l¥, to w~tve the variance application fee for Warren
:'u" Ztl~,~Nlati~g to property located on Block R, Lot 45, Unit 3, of
~UT:m~ 9~-~,~2, Dzcr.~rION 0~ a co~,~os ~oISANCE, com~nxANc~
sz~wxc~s cAsz ~o. ~-o=-o~733. ow~m~ o~, RECO,D ~u~r~c ¢o~sTnI~
1~1~~ CO. - ADOPTED
Code Enforcement Supervisor Clark explained that ~hls issue is a
request for the Commission to adopt a resolution declaring a public
nuisance relating to the Atlantic Coastline Railroad Company in
Immokalee. He noted that during a continuing clean up effort in
Immokalee, over 50 tons of debris has been removed from this property,
and requested that the Commission declare a public nuisance along the
public rights-of-way and that Staff be authorized to contact the
property owner requiring abatement of the nuisance within twenty days.
C4~J~t~r $~unders ~oved, seconded by Coulsstoner Shanahan and
~xT~~l¥, to accept sta~f's recommendation and that
~1~m~1~1o~ 91-252
73
Page 44
March 12, 1991
B~D ]~O. ~1664 ~R ~ ~P~C~ OF O~ MOTOR G~ER FOR ~ RO~
~ ~~ ~ED ~ ~S D~I~ IN ~E ~0~ OF $70,114
Transportation Services Administrator Archibald explained that the
executive summary provides the details of the purpose of the replace-
ment grader as well as the hours and location of the work efforts to
be involved. He added that the analysis of the operating costs over
time indicates that an investment needs to be made in a new machine or
there will be very expensive operating and repair costs in the near
future. He stated that the recommendation by staff is to award the
bid to Adams Dewlnd who is the lowest, qualified and responsive bidder
in the amount of $70,114. He informed that the replacement grader is
budgeted from Fund 313 for 1991.
In response to Commfssioner Shanahan, Mr. Archibald informed that
the bid from Marco Machinery was not comparable to the others because
it did not meet the required specifications.
~sion~r $~nders ~ov~d, seconded by Co~missioner Volpe and
~t~ ~~ly, to ~d Bid No. 90-1664 for the ~c~e of one
~l~t ~r ~md~r to A~ ~tnd in ~he ~o~t of $70,114.
~ ~ ~o~ssIoN~ ~6I~IN~ SERVICES ~ HOLE, ~S
~~ ~C. ~R ~-~NCH ~TER ~N ON ~O~LEE RO~ - ~PRO~D
ite~ Is no~ related ~ I~ems ~16D4 a~d ~16D5 ~hich ~ere taken ofi the
consent agenda because of an error in ~he numbers. He advised ~his
item is a routine a~ree~ent ~o~ e~ineerin~ ~er~i~es iora ~a~er main
on I~oka~ee Road.
In response to Commissioner Vo~e, ~r. B~oetscher noted ~ha~
en~ineerin~ fees bein~ submitted are a~ a hi~her ~a~e fro~ a year a~o.
~~l~r S~ ~v~, seconded ~ Co~lsstoner Sa~der~ ~d
~t~ ~~ly, t~t the a~~t for professto~l en~in~rin~
~~ ~t~ ~le, ~n~ ~ ~=oclate~, Inc. for a ~4-tnch
OOOPA J 76 Page 45
~arch 12, 1991
I~FI'ION 91-253, APPOINTING SIX ADDITIONAL M~MBE:RS TO THE PELICAN
BAY ~ ADVISORY COMMITTEE - ADOPTED
Administrative Assistant Filson advised that the two alternates
appointed by the Board on January 29, 1991 would like to be considered
as two of the regular members to be appoJnted to the committee.
(k~/mio~eF Saunders ~oved, seconded by 0o~lsstoner Vol~ ~d
~t~ ~~ly, to m~int Tom Gatlick, D~ O'Neil, J~es
~, ~ Platto, Michael T. Biondo, ~d Aubrey J. Ferrao to the
-.. bli~.~ ~ l~tsoU Oomtttee, there~ adopting Resolution
Page 46
March 12, 1991
-:...-~ ~ ~ ~XI~J~ PROPO~D - CO~ A~O~' S O~ICE TO ~P~
Assistant Oounty Attorney Wilson referred to the packets provided
to the Board (not p~ovlded fo~ the ~ecomd), and advised that the
O~ping Omdin~ce does not address the problems occurring in Collier
Oo~ty. The issue, she explained, is that people are staying on
vacan~ p~opemty which re~ires the property o~e~ to file a complaint.
Ms. Wilson noted that Collier County does have a Loitering
O~dtnance which is s~mila~ to the State's and Lee County's statute
p~ohibiting loite~ing and vagrancy, and these have been found to be
cons~itu~ionally sound. She commented that the City of Naples'
Loitering Ordinance is old and has problems from a constitutional
point of view.
The ~eal problem ~n achieving the objective of an ordinance to
pmevent loireming, Ms. Wilson informed, lies in the burden of proof
that the incidences did in fact occur.
.. **' '-~~r S~ders left the m~ting at this tt~.
Co~tssIoner Hesse pointed out that so~ethin~ needs to be done
regarding the people living on vacant lands and Jn the woods. He
cited that these vagrants are kno~ to harass passersby, and asserted
that the citizens of Collier County should not have to be subjected to
this a~oyance and fear.
Deputy To~ltnson noted that the Sheriff's Dep~rt~ent enforces the
. laws available and are working with the Attorney's offlce to p~ovide
~ore stringent laws.
~s. Wilson clarified that the State's statutes address many of the
nuisEces; however, she perceived that part of the problem may be that
~eople in a position to enforce these statutes ~ay not be aware
thee. She suggested that an education process be established fo~ this
purpose with the SherJff's office, and she agreed to assist
accoa~ltshing this. She recommended that the County provide a ~ethod
000 ]34
Page 47
March 12, 1991
in which the general public can make their complaints and have the
appropriate enforcement procedure imposed. She related that in
talking with the Homeless Committee they have advised her that they
are working on a comprehensive plan to resolve these annoying problems
in the County, and they have requested that their final report be
submitted to the Board before an ordinance on this subject is adopted
which will be another three months before their final report is
completed.
Coml~tssioner Shanahan noted that he too has received complaints
regarding vagrants, and stated that action needs to be taken but
agreed that the report from the Homeless Committee should be reviewed
for ~ecommendattons to incorporate into the ordinance. He added that
the homeless that do not want to help themselves should be removed,
and programs should be provided for the ones that do want help.
Commissioner Hasse concurred.
Ms. Wilson Informed that Code Enforcement has been involved in
cleaning up the lots and areas where the homeless have been sited
which has remedied the situation somewhat. Code Enforcement
Supervisor Clark confirmed that his department is doinG all it can to
rectify the problem. Mr. Clark noted that an ordinance will be
brought before the Board in a couple of weeks which will address the
problem of vacant lots with overgrowth and debris accumulated on them.
Co~latssioner Volpe stated a policy that can legislate the vagrancy
problem existing In Collier County needs to be created and implemented
as quickly as possible, and added that Collier County should not Get
involved with the programs to help the homeless.
James J. Gruszka, an East Naples resident, expressed his concerns
~ega~dtng this ever Growing issue, and stated that the main problem
see!11~ to be that everyone has their hands tied and cannot do anythinG
about the vagrants. He specified that people have moved away from the
East Naples area because of this problem that is potentially
darlge~ous. He requested that somethinG be done immediately.
Commissioner Volpe suggested that a plan be developed as to how to
Pao~ 48
.. March 12, 199!
;''~i:,~,'~mddrmss the tssuem of loitering, vagrancy, and the homeless, and be
'.[,i'!'-'-done Immediately so action can be taken on this matter.
Ms. Wilson advised that she and Mr. Clark will meet on March 13,
1991 and coordinate the necessary action to draft an ordinance as
,['.[.[. requested.which will include involving the Homeless Committee and the
· ?~>~'' Shertff's office.
see ~~ner Shanaban moved, seconded by Commies~oner Hasse
ff ~rrfg ,,~-i~1¥, that the following lteu under the con-
· ~n~ ~ be a~rov,,d and/or adopted: ***
Xt~ ~1~&1 moved to ~9A2
91--218 PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF
OF P~LIC NUISANCE ON LOT 23, BLO~ 210, ~IT 6, GOLD~ GATE
~~SI~, ~IO ~ ~ A. ~NAQUIST
See Pages /~&- /~
~~ 91-219 P~OVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF
~~T OF P~BLIC NUISANCE ON LOT 15, IN BLOCK 87, UNIT 3. OF GOLDEN
~AT~ ~ AND MERI CARLESIMO~ C/O ONORIO CA~LESIMO
See Pages / ,~F' / ~q
91--220 PI~OVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF
OF P~H~IC NUISANCE ON LOT 15, BLOCK 195, UNIT 6, GOLDEN
~ ~ MERI CA~LESIMO, C/O ONORIO CARLESIMO
See Pages /~ -- /~'/
Xte~ ~A ~A2 d
91-221 FROrIDING FOR ASSESSMENT OF LIEN FOR THE COST OF
OF ~F~I~IC NUISANCE ON LOT 1, BLOCK 176, UNIT 5 PA~T --
~AT~ STEPHEN D. AND ALICE V. CINADER
Xte~ ~A ~2e
See Pages
91--222 PI~OVIDING FOR ASSESSMENT OF LIEN FOR TNE COST OF
OF P~BLIC B~JISANC~ ON LOT 7, BLOCK 195, ~IT 6 P~T --
~, ~ KSS~
See Pages
~-.1--223 P~OVIDING FOR ASSESSMENT OF LIEN FOR TH~ COST OF
~ ~ P~BLIC NUISANCE ON LOT 26, BOX 118, MARCO BEACH UNIT 4,
See Pages
000, ,. 136 Page 49
March 12, 1991
91-224 P~OVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF
OF P~LIC NUISANCE ON LOT 5, BLOCK 199, UNIT 6 PART --
(~l~ ~T~t JO~N C. AND VIRGINIA GARRISON~ JR.
91-225 P~OVIDING FOR ASSESSMENT OF LIEN FOR TH~ COST OF
OF l~!~IC NUISANCE ON LOT~ 27, 28, 29, AND 30, BLOCK ·,
~ OF NAPLES MANOR EXTENSION, JOSEPH J. LAUREN, TRUSTEE,
See Pages
H~SOI~T~ON ,1-226 PI~TVIDIN~ FOR ASSESSIlENT OF LIEN FOR TH~ COST OF
~~T OF ~IC NUI$~ ON LOT 10, BLOCK 780, OF A REPLAT OF A
P~T~OFOF~M~,~O ~E~CN UNIT TWENTY-FIVe, CARL S. AND RUTH ANN LOHMANN,
91-227 PROVIDING FOR ASSESSMENT OF LIEN FOR ~ COST 0F
~ ~IC ~IS~CE ON LOT 16, BLOCK 325 0F ~CO B~CH ~IT
~ J. ~I, ~GIS~D AGE~ FOR ~C0 ~DIA
See Pages
FROVIDIN~ FOR ASSESSMENT OF LIEN FOR TH~ COST OF
~I~ ~S~CE ON LOT 15, BLOCK 780, OF A ~P~T OF A
~ ~IT ~-F~, ~IMILLI~ J. ~ JOiA
See Pages
~~ g~-22, P~?IDING FOR ASSESSMENT OF LIEN FOR THE COST OF
~ OF P~!~XC NUISANCE ON L~ ~3, BL~ 100, ~IT 3, P~T --
See Pages /& ~' /~ ~
~~ 91--250 ~DIN8 FOR ASSES$1~]~NT OF LIEN FOR ~ COST OF
~ OF 11~LTC NUISANCE ON LOT 6, BLOCK 8, NAPLES MANOR LAKES,
SeePages/7/
][~~ ~1-2Sl PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF
AB&~I~T OF PUBLIC NUISANCE ON LOT 9, BLOCK 125, UNIT 4 PART --
~,D~N.~TE~ HO~T J. AND KATHRYN T. AGOSTINHO
See Pages / / 73
000 137
Page 50
Hatch 12, 1991
R~SOLUTION 91-232 FROVXDING FOR ASSESSIlENT OF LIEN FOR TH~ COST OF
ABAT~VI~T OF ~ZC ~ZS~CE ON L~ 19, BLOCK 362 OF ~CO BEACH
See Pages/7,5'
Item ~16&2p
RESOLUTIOI[ 91-233 PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF
AI~T~NKNT OF PUBLIC NUISANCE ON LOT 19, BLOCK 210, U~IT 6, GOLDEN GATE
SUI~D~VISIONf PitRIO ~ND NARY A. BONAQUIST
Item
~OLUTXON 91-234 PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF
&BAT~P~3~T OF ~XC RUX$&NCE ON LOT 29, BLOCK 218 t~t. RCO BE&CH UNIT
SEVL~, . DEE:RXJGER & ROOZE~, P. E :.V. , B.V. , TRUSTEE
[te~ ,16&2r
ItESOBOTION 92-235 PROVIDING FOR ASSESS~fKNT OF LIEN FOR THE COST OF
~BItT~I OF ~LIC ~S~ OR L~ 1~, BLOCK 791, OF A ~T OF A
~X~ OF WCO B~ ~IT ~-FI~, K~IQ~TA G~IK~EZ
~[~)LUTION 91-236 I~tOVIDXNG FOR ASSESS1q~NT OF LIEN FOR 1~1 COST OF
~B&T!Sq~I[T OF I~I, XC NUXSANCE ON LOT 38, BLOCK 81, GOLDEN GATE UNIT NO.
S, 20~KPH 2. TRUPI&~O,~R., REGISTERED AGENT FOR $. W. J. INVESTNENTS,
TNC.
R~SOI~UTXON 92-237 PROVIDING FOR ASSESSNENT OF LIEN FOR TK~ COST OF
&BAT~q~ OF P~BLXC NUISANCE ON LOT 115 AND 116, LELY COUNTRY CLUB,
PALN~I'I'O ~ SECTZON~ RICR~RD JORDAN AND A. PAUL GREGG
Xtra ,~/6A2u
RI~OLU~XON 91-238 PROVIDING FOR ASSESSN~.'"NT OF LIEN FOR ~ COST OF
~~ OF ~ZC ~1S~CE ON LOT 3, BL~ 230 0F ~CO B~CH ~IT
S~X, ~, ~ ~ ~~ CH~U ~O~E]_C/O Z~ L~ GOC
See Pages /~' /~
Xt~a~2~2v
!~SOL~I'XO~ 91-239 PROVIDING FOR ASSESS~IENT OF LIEN FOR THE COST OF
· !~T~T OF ~XC ~S~CE ON LOT 2, BL~ 230 OF ~CO ~A~
S[Xr ~ D~,~ S~ CH~R~U ~OTTK~ C/O I~ LK GOC
Page 5!
March 12, 1991
KESOL4FTION 91-240 PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF
ABAT~M~Ff OF PUBLIC NUISANCE ON LOTS 26, 27, AND 28, BLOCK 39, OF THE
NEW MARENT SUBDIVI$IONf CADE AND CARRIg C. LONG
See Pages 19~ ' /e/
91--241 FROVIDIN~ FOR ASSESSMKNT OF LIKN FOR THE COST OF
OF PO~LIC NUISANCE ON LOT 21, BLOCK 97 OF MARCO BEACH UNIT
See Pages
!~~ 91-242 PROVIDING FOR ASSESSMEHT OF LIEN FOR THE COST OF
ABATI~IT OP PUBLIC NUISANCE 0N LOT 15, BLOCK 2, UNIT l, PANT 2,
~O.LDKN .~ATK, EDWARD 3. AND LAVERDA L. PELC
Itet#lSAlz
See Pages
Iq~SOI%UTION 91-243 PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF
ABAT!~IFf OF PUBLIC NUISANCE ON LOT 32 IN BLOCK #E" OF GOODLAND ISLES,
FIRST ADDITION, WARREN W. STEWART
See Pages /g&- /9.7
RZSOLU'r~oJ~ 9~-2(( PROVIDZNG FOR ASSESSML~ OF LZEN FOR TH~ COST O~
ABATm~Z~ OF P~BLZC NUZSANCH Or LOT ~9. BLOCE 787. O~ A ~mA? O~ A
I'ORTXO~O~ ~'tCO SEAca u~T rw-mc~-~zvE. VARBVILLg COm~CH~?Z0N ,.V..
C/OF!~OCZ~rRE
See Pages /~F' , /~9
I~ #16A3
WATER.F.~CSL.I"flES &CCEPTKD FOR FURSE LAKES CLUB - WrTH STIPOLITIONS
The water facilities to serve the project cannot be placed
Into service and no Certificate of Occupancy shall be ~ssued
until the Florida Department of Environmental Regulation fur-
nlshes a letter approving the water distribution system for
servtce.
2. Bacteriological testlng has met the County's requirements.
:3. The Fire Flow requirements of the project have been
satisfied, and the Fire Dlstrlct furnishes a letter accepting
the fire hydrant for ownership and maintenance.
It. ~614 RECORDED ]'N OR BOOK /&a& PAGES .c:~/JIt- C~3/
MAI~O S!!DJ~ES UJIXT 30 - GOLF CO~SE CONS~UCTION AG~I~KNT AME~ -
A Certificate of Occupancy for the maintenance building can-
not be issued until the project's water distribution system
has been completed, tested, inspected and conveyed to the
Collier County Water-Sewer District and fire flow is verified
at the bulldlng's required fire hydrant.
The subdivision maintenance security for the water dlstribu-
tion system shall remain in full force and effect until the
Page 5 2
March 120 1991
proJect's total required infrastructure successfully passes
the ~equired warranty inspection mandated by the Subdivision
Regulations.
qUl"rCLAXM DEED FOR A PORTION OF THE TEN FOOT (10') UTILITY EASEMENT
UN!~JkTTED, LOCATED IN SECTION 13, TOWNSHIP 50 SOUTH, RANGE 25 EAST AS
RECO!EDED I~ THE OFFICIAL RECORDS BOOK 993 ON PAGES 804 THROUGH 806 OF
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND ACCEPT A TEN FOOT
[~0') ~~ ~ILIT~ EASEMENT (E-MART)
See Pages NOTE: Document not received as of 11/12/91
!..- AM~JJlB~IT TO A~JtE~NT WITH UPJOHN HEALTHCARE SERVICES, INC., TO
Ita J16D1
BID ~01--168G FOR OJfE (1} THREE TON COMPACT TRACKHOE EXCAVATOR AWARDED
TO FLO~XDA CQJrTRACTOR RENTAL & SALES, INC. - IN TH~ AMOUNT OF
ltem e16D2
BID ~01-1679 FOR CONSTRUCTION OF RATTLESNAKE HAMMOCK ROAD WATER MAIN
A~AJ~I~DTOJqITCKELL & STARK CONSTRUCTION COMPANY IN TH~ AMOUNT OF
$405,B00.78 AND TO AMERICAN DUCTILE IRON PIPE IN THE AMOUNT OF
Item ff16D$
~ TO TOLLGATE COMMKRCIAL CENTER FOR PORTION OF CIK NOS.
910 AND 912 - IN TH~ AMOUNT OF $1.54.,274.85
Item ~A6~l wtt:Z~x-~
&~I~IN~IfT FOR FROFESSIONAL ENGINEERING SERVICES WITH HOLE, MONTES AND
ASSOCTAT~S, YJJ~., FOR 24-INCH WATER MAIN ON C.R. 951, NORTH - IN AN
AMOUNT J~)T TO KX~KED ~111.,000
See Pages ~ -' ~ ~
Ztlm #1~E1
~:~::. ~9J~M~-~6~$..FOR ]ELECTRICAL PARTS AWARDED TO RICHARD ELECTRIC SUPPLY
JFSWrsEILJ~ A~REEMB3JT BKTM~EN COLLIER COUNTY, A POLITICAL SUBDIVISION OF
THE STATE OF FLORZDA, AND RICHARD B. LANSDALK, FOR THE COWTINUKD
UTILIF2tTION OF OFFIC~ SPACE BY THE KMKRGENCY SERVICKS DMSION - IN
TH~ ~- AMO~F~T OF ~13,500
Page 53
March 12, 1991
DISTRICT GRANT - IN AN ANOUNT NOT TO EXCEED
,.
See Page ~ 7/
Itm elN1
~EC~"~,~!~ I:D~.,ATI0~ COIlTRACT RE RFP #90-1~68 - AWARDED TO COMI~I~
~c~0~%~mT~m ~, xwc., x~ ~ ~ o~ ~27,~00
~[~a~&L &G~_w!~I~ NO. 3 TO THE CONSULTING T~NDSC&PE JLRCHIT~C~
SE3~//~ &Gl~glr~M//~ A. G&IL BOORH&N & ASSOCIATES ~OR 1~ N&RCO
ISLAND RK&UTIFZCATZON M.S.T.U. - IN THE ANOUNT OF ~8,085
Itu116~2
See Pages
R~OI;I~I~ON 91-245 REQUESTING FLORIDA SENATORS CO-SPONSORSH/P OF SENATE
BI~-~ S. 140, A BI~ ~ IN~E ~ A~ORI~TION FOR ~L
PA~~LI~F-T~S TO CO~IES
See Page ~. ?7
RE-APPOINTING JANE HI~, ~~ {~R~)
~~ ~ ~ ~CO I~ B~IFIC/TI~ ~SOH
See Page _~. ~(~)
C~1'~~ OF ~0N TO ~ T~ ROLLS AS ~S~ ~ ~
No.
210/217
1990-83/1990-84
1990 TAX ROLL
Date
2/25/91-2/28/91
1990 TANGIBLE PERSONAL PROPERTY
2/26/9!
Page 54
March 12, ~991
~ ~li~POND~IIC~ - FILED ~/OR R~FKRR~D
The following miscellaneous correspondence was filed and/or
referred to the various departments as indicated below:
Letter dated 2/12/91 to Chairman Goodnight from Paul
Plamondon, Chairman, Board of Fire Commissioners, Big
Corkscrew Island Fire Control & Rescue District, enclosing
Public Facilities Report for the Big Corkscrew Island Fire
Control and Rescue District. Copy to Tom Olliff, and filed.
2e
Letter dated 2/28/91 to Commissioner Hasse from Gordon L.
Guthrie, Director, Department of Community Affairs, re allo-
cation to Collier County of portion of award to the State of
Florida of federal Anti-DruG Abuse Act grant funds for Fiscal
Year 1991. Copies to Neil Dotrill, Sheriff Hunter, and
filed.
Dated 2/20/91, Department of Environmental Regulation
R~lemaklng Notices, having appeared in the February 15, and
February 22, 1991, Florida Administrative Weekly: Notices of
Public Workshop. Copies to Neil Dotrill, Frank Brutt, Bill
Lorenz, and filed.
Letter dated 2/29/91 to Harry Huber, Technical Services
Manager, OCPM, from Tony D. McNeal, Engineer, Bureau of
Coastal Engineering and Regulation, Department of Natural
Resources, re Notice To Proceed, Permit File Number:
CO-277A; Permittee Name: Collier County Board of County
Commissioners. Copies to Nell Dotrill, Frank Brutt, Bill
Lorenz, and filed.
Letter dated 2/20/93 to Commissioner Hasse from J. Thomas
Hemdon, Department of Revenue, re elimination of State funds
for the purchase of tax forms for local Property Appraisers
and Tax Collectors. Copies to Neil Dotrill, Sam Colding, Guy
Carlton, and filed.
6o
Letter dated 2/25/91 to Chairman Goodnight from W. F. Trefz,
P.E. District Secretary, Department of Transportation, re
Announcement of Application Period for the 1991-1992 Local
Government Cooperative Assistance Grant program. Original
with application package to George Archibald, copy to Neil
Dotrill, and filed.
Letter to George Archibald, Transportation Department, from
Tim Maloney, 3888 Parkview Ln., Naples, re Euclid and
Lakeland Avenues Roadside Municipal Service Benefit Unit.
Filed.
Final Notice to Owner dated 2/22/91 to H D Rutledge & Son
Inc, US Fidelity & Guaranty Co and BCC from Graybar Electric
Co., Inc., pursuant to a contract with Leitner Electric for
electrical panels, switches and/or motor controls, wires and
cables, electrical raceways, conduit fixtures and boxes,
wiring devices, lighting fixtures and other electrical
materials, supplies, goods, wares, merchandise and equipment,
for Collier County Health/Public Services Building. Copies
to Nell Dotrill, Steve Camell, John Yonkosky, and filed.
Letter of no objection dated 2/20/91 to BCC from C. T. Vogel,
Western Divtslon Relocatton Coordinator, Florida Power &
Light Company, re Public Notice Permit Application No.
90IPE-04981, Department of the Army, Corps of Engineers;
State Department of Environmental Regulation, State
Application No. 111901439. Coples to Nei] Dotrill, George
Archibald, and filed.
000PA , 142Page 55
10.
March 12, 1991
Letter dated 2/28/91 to Chairman Goodnight from Jack W.
Johnson, Jr., Chalrman, Immokalee Fire Control District, re
Public Facility Report for the Immokalee Fire Control
District. Copy to Tom O]liff, and filed.
11.
Letter dated 2/28/91 to Chairman Goodnight from Donald R.
Peterson, Fire Chief, Golden Gate Flre Control G Rescue
District, re Special District Public Facilities Report. Copy
to Tom Olltff, and filed.
12.
Minutes received and filed:
A. Big Cypress Basin Board of the South Florida Water
Management Dlstrlct Minutes of 1/25/91.
13.
Bo
Ochopee Fire Control District Advisory Board Minutes of
1/?/91.
C. Water Management Advisory Board Agenda of 3/13/91.
Notice to Owner dated 2/13/91 to BCC from Job Rentals &
Sales, Inc., under an order given by Frank's Excavating for
clearing and leveling of utility easement for Tigertail Beach
Park. Coples to Nell Dorrill, Steve Carne]], John Yonkosky,
and filed.
14.
Notice to Owner dated 2/22/91 to BCC from Highway Pavers
under an order given by Gymann Const. (Contract #2) for 57
Stone for East & South Waste Water Collection. Copies to
Nell Dotrill, John Yonkosky, Steve Camell, and filed.
15.
Public Notice of Applications received by the South Florida
Water Management District, dated 2/28/91. Copfes to Nell
Dotrill, Mike Arnold, and filed.
18.
Copy to BCC of letter dated 2/25/91 to Mr. Blair Foley,
Coastal Engineering Associates, Inc., from Benjamin C. Pratt,
P.E., P.L.S., Assistant to the Director, Surface Water
Management Division, Fort Myers Area Office, South Florida
Water Management District, re Lone Wolfe Yacht Club,
Application No. 910108-3, Collier County, S3/T50S/R25E.
Copies to Nell Dorrill, John Boldt, and filed.
17.
Copy to Collter County of letter dated 2/22/91 to Trudte D.
Bell, Florida Department of Environmental Regulation, from
Wayne g. Daltry, Executive Director, Southwest Florida
Regional Planning Council, re IC&R Project #91-006, F.D.E.R.
111750129, Project Name: Proposed dredging between Sand
Dollar Island and Tigertail Beach, Marco Island, Collier
County. Copies to Nei] Dotrill, Harry Huber, and filed.
18.
Letter dated 2/4/91 to Honorable James C. Giles, Clerk of the
Circuit Court, from Charles L. Lester, Auditor General, State
of Florida, re attached Report No. 11576, Operational
Performance Audit of the Office of the State Attorney,
Twentieth Judicial Circutt. Filed.
19.
Copy to BCC of letter dated 2/23/91 to Department of
Environmental Regulation from Denise A. Niles re Tigertall
Public Beach, Collier County, Dredging Permit. Filed.
20.
Copy to BOG of letter dated 2/23/91 to Department of
Environmental Regulation from Dominic J. Maccarlnt re
Issuance of Dredging Permit, Tigertail Public Beach, Collier
County. Filed.
In The Circuit Court of the Twentieth Judicial Circuit in and
for Collier County, Florida, Case No: 91-0695, O'Sheas
149'
Page 56
Hatch 12, 199!
Restaurant vs. Board of County Commissioners. Copies to BCC,
County Attorney, Frank Brutt, and filed.
It~ #1611
SATISPACTION OF LIEN FOR NUISANCE ABATEMENT ON PROPERTY OF BRIAN KEVIN
ISONt DOT..~t BLOCK 68f MARCO BEACH UNIT
See Page
SATInACTION OF LIEN FOR NUISANCE ABATEMENT ON PROPERTY OF DIMARCO AND
DIMARCOt ~NC.f LOT 19~ BLOCK 43, MARCO BEACH UNIT TWO
SeePage.
SATI~A~TION OF LIEN FOR NUISANCE ABATEMENT ON PROPERTY OF DARYUSH AND
~ I!~rKSTANI A/K/A SHAHLA NEYESTANI ROHANI, LOT 17, BLOCK 138,
See Page
SATISFACTION OF LIEN FOR NUISANCE ABATEMENT ON PROPERTY OF MELVIN J.
AND O~1"~I I~'~P~ON, LOT 11, BLOCK L, CONNER'S VANDERBILT BEACH
KSTATWS, ,~q'IT 2
See Page ~ ~.~
SATI~A~TION OF LIEN FOR NUISANCE ABATEMENT ON PROPERTY OF OTIS N.
MO,H]f. f ~OT 2f BL~ 8, N~LES ~OR ~S
See Page . ~ ~
· AXl~A~IO~ OF LI~ FOR ~IS~CE ABATE~ ON PROPER~ O~ ~ ~
.~ .~I~OLO, LOT 8, BLOCK 136,..~C0 B~CH~ ~IT 5
S~~ LOT 16~ BLOqK 2~7 OF ~CO B~CH ~IT ~IGHT
SAtiSFACTION OF LI~ FOR ~ISANCE ABATEM~ ON PROPER~ OF ~O~S ~
LO~ ~O~ LOT 5~ BLOCK 8 NAPLES ~OR ~S
See Page ~FF
SATI~ION OF LI~ FOR ~IS~CE ~AT~ ON PROPER~ OF ~VA ~
~ P~ ~ ~, LOT 10, OF BLOCK "A" IN ~ BO~~
~umDz~zSZ~
See Page ~ F~
SATI~FAt~rXON OF LIEN FOR NUISANCE ABATEMENT ON PROPERTY OF FRANCISCO
AND ZEIAID& DEVERA, LOT 2, BLOCK 4, NAPLES MANOR ADDITION ~
See P ge t
~TI~IO~ OF LI~ FOR ~IS~CE ~AT~ ON PROPER~ OF ~ ~
~K Clf LO~ 6 ~ 7~,,BLOCK 13~ N~LKS ~OR ~S
Page 57
March 12, 1991
There being no further business for the Good of the County, the
meeting was adjourned by Order of the Chair - Time: 8:05 P.M.
BOARD OF COUNTY COMMISSIONERS/
BOARD OF ZONING APPEALS/EX OFFICIO
GOVERNING BOARD(S) OF SPECIAL
DISTRIGTS UNDER ITS CONTROL
r,{ .... PATRIOIA ANNE GOODNIGHT~HAIRMAN
as'presented or as corrected ~
Page 58