BCC Minutes 01/08/1991 R Naples, Florida, January 8, 1991
LET IT BE REMEMBERED, that the Board of County Commissioners in
and for the County of tolllet, and also acting as the Board of Zon~nG
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 g:00 A.M. in REGULAR SESSION in Building
"F" of the Government Complex, East Naples, Florida, with the
following members present:
CHAIRPERSON: Anne Goodnight
VICE-CHAIRMAN: Michael J. Volpe
Richard S. Shanahan
Max A. Hasse, Jr.
Burr L. Saunders
ALSO PRESENT: James C. Giles, Clerk; 3ohn ¥onkosky, Finance
Director; Wanda Arright, Ellie Hoffman, and Annette Guev]n, Deputy
Clerks; Neil Dotrill, County Manager; Ron McLemore, Assistant County
Manager; Ken Cuy]er, County Attorney; William Lorenz, Environmental
Services Administrator; Skip Camp, Facilities Management Director;
William Lavetry, Growth Management Planncr: Barbara Cacchione, Project
Planner; George Archibald, Transportation Services Administrator;
Frank Brutt, Community Development Services Administrator; Ken
Baglnskl, Planning Servl¢es Manager; John Madajewski, Project Review
Services Manager; Elm Polen, Project Review Services; Wayne Arnold,
Chahram Badamtchtan, Bob Mulhere, Bill Hoover, Sam Saadeh, and Bryan
Milk, PlanneFs; Gai] Addlson, Shertff's Department; Sue Ftlson,
Adm~ntstrattve Assistant to the Board; and Deputy Byron Tomlinson,
Sherlff's Office.
Page 1
January 8, 1991
AGENDA AND CONSENT AGENDA - APPROVED WITH CHANGES
Commissioner Shmnmhmn moved, seconded by Commissioner Volpe and
carrt~dm~ntmouel¥, that the agenda and consent agenda be approved
with the following chmnges:
Item #12G - Discussion regarding Provisional Use - Grace
Bible Church - Added. (Requested by Commissioner Hasse).
Item #9A1 - Petition R-89-1, Pelican Lakes PUD
reconsideration resulting from failure to transmit December
19, 1989, Board of County Commissioners action of approval to
the Department of Community Affairs for official
acknowledgment by the Secretary of State - Deleted.
(Requested by Staff).
Item #14E3 moved to Item #9H2 - Recommendation to accept and
authorize the Chairman of the Board of County Commissioners
to execute the Joinder and Consent to the Amendment to the
Declaration of Rest~lctlons and the Resolution appointing the
Real Property Director and/or assignee to participate as a
voting member of the Owners' Association for Collier Park of
Commerce - (Requested by Staff).
Item #14D8 moved to Item #9D1 - Award of Bid/RFP #90-1608 and
Approval of Agreement for FY90/91 Utilities Rate Study -
(Requested by Commissioner Volpe).
5o
Item #SA - Gary Kluckhuhn representing De]'s at S.R. 951 -
Continued to a time to be determined.
Item #8D - Dwight Nadeau representing Wil]iam C. McAnly and
Associates regarding an appeal of Growth Management Plan
interpretation - Withdrawn (Copy of withdrawal statement
provided to Clerk).
Item #7B2 - Petition PU-90-14, Dr. Neno Spagna, representing
New Hope Ministries, Inc., requesting a Provisional Use "C"
of the "A-2" Zoning District for a church and church-related
facilities - Request this item be heard at 10:00 A.M.
MINUTES OF WORKSHOP SESSION OF NOVEMBER ?, 1990 AND REGULAR MEETING OF
NOVEMBER ~3, ~990 - APPROVED AS PRESENTED
Commissioner Shanahen moved, seconded by Commissioner Goodnight
and carried unanimously, to approve the Minutes of the BCC Workshop
Seeelou of November ?, 1990 and Regular BCC Meeting of November 13,
1990.
PROCLAMATION DESIGNATING FEBRUARY 11, 1991 AS CHI CHI RODRIGUEZ DAY -
Commissioner Hasse presented the Proclamation designating February
11, 1991, as Cht Cht Rodriguez Day.
~ [~PAG[ 11 Page 2
January 8, 1991
Commissioner $hanah~n ~oved, seconded by Co--Isotoner Goodnight
~ c~t-rtg un~ntmly, to proclat~ Monday, February 11, 1991, aa
Page 3
January 8, 1991
Commissioner Hesse congratulated the following employees and pre-
sented their Bmployee Service Awards:
Jack V. Roberts, Solid Waste - 5 years
Jean Moore, BMS/Administratlon - 15 years
Rick Rtvard, Utilities/WW Operations - 10 years
Bnnie E. Hutto, Solid Waste/Naples Landfill - 5 years
Item #50
SELI~TION OP CHAIRMAN AND VICE-CHAIRMAN FOR BOO - ZLECTED
Commissioner Hasse expressed his appreciation in betng allowed to
serve as Chairman the past year and the year of 1987.
0o~tmstoner Hames moved, seconded by Commissioner Volpe that
Cmm~tmatoner Volpe be nominated am Chairman of the Board of County
Coilsstoners. Upon call for the question, the motion failed 2/3
(Commissioners Shanahen, Goodnight, and Saunders opposed)
0ollamtonsr Shanahen moved, seconded by Commissioner Saunders and
cmxried 5/2 (Co~umiseloneFe Hesse ~nd Volpe opposed), nominating
0ontmmtonsr Ooodnlght me Chairman of the Board of County
Coalsstoners.
Co~iaetonar Hamaa moved, seconded by Commissioner Saunders and
curled unanimously, nominating Commissioner Volpe as Vtce-Ohalrman of
the Board of County 0oatamtonera.
Item ~11
ORDINA~OI 91-i RE PITITION R-Bg-2?, WILLIAM R. VINES OF VINES AND
AS$OCIIT~S, P.~PRESENTIN~ quill ORIZl COUNTRY CLUB, REQUESTINC
AMeNDMeNT TO ORDINAN¢I NO. 90-12 AND B2-2 CORRECTINO SCRIVENER'S
ERROR FOR PROPERTY ON TH~ NORTH SIDE OF IMMOKALEE ROAD BAST OF
1-75 - ADOPTED AS AN~ND, ZD
Legal notice having been published In the Naples Daily News on
December 18, 1990, as evidenced by Affidavit of Publication flied with
the Clerk, public hearing was opened to consider Petition R-89-27
filed by William Vines of Vines and Associates, Inc. representing
Quail Creek Country Club, Inc., to consider an Ordinance amending
Ordinance Number 90-12 and 82-2 to correct scrivener's error.
Planner Hoover Informed that Petition R-89-27 is a request to
Page 4
January 8, 1991
correct striveher's error in Section One of Ordinance No. 90-12 which
rezoned property in the Quail Creek Subdivision from "GC" to "RSF-2"
and to amend the Collier County Zoning Maps to reflect this change.
He explained that Ordinance No. 90-12 rezoned 15 narrow strips of the
golf course "GO" to reeidentially zoned property "RSF-2" in order to
expand the adjoining single-family homesites; however, inadvertently
the entire golf course was feZChad to "RSF-2" because of the incorrect
wording used in the ordinance.
Planner Hoover indicated that the County Attorney has made a
changed in Section One of the proposed ordinance, and related that the
paragraph should read as follows: "The zoning classification of the
herein described real property located in Section 17, Township 48
South, Range 26 East is changed in its entirety to "RSF-2", less and
except the area described in Exhibit "A" which is changed to
"GC", and the Official Atlas Map Number 48-26-4, as described in
Ordinance 82-2, is hereby amended accordingly." He noted that the
legal description which was correct originally will be attached.
Co~emtonar Saunders ~ovmd, macondad by Couissioner Volp~ and
ca~rie~unan~ously, that the ~bl~c hearing be closed.
C~s~oner S~~ ~d, seconded by Co~ss~oner Sanders ~d
c~rl~ ~~u~ly, t~t the 0rd~n~ce as n~bered ~d t~tled below
~ m~tmd u ~nded ~d entered ~nto Ord~n~ce Book No. 42:
AN ORDINANCE AMENDING ORDINANCE NUMBER 90-12 AND 82-2, THE
COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP
NUMBER 48-26-4 TO CORRECT SCRIVENER'S ERROR FOR REZONING FROM "GC"
TO "RSF-2" FOR ZONING BOUNDARY LINE CORRECTIONS OF THE HEREIN
DESCRIBED PROPERTY LOCATED ON THE NORTH SIDE OF IMMOKALEE ROAD
(CR-846} APPROXIMATELY 1/2 MILE EAST OF 1-75 IN SECTION 17,
TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
CONTAINING 316.O1 ACRES MORE OR LESS; AND BY PROVIDING FOR AN
EFFECTIVE DATE.
ORDIHAN~ 91-3 ~ ~XTION R-90-29, WILLIAM R. VINES OF VINES AND
ASSOCIATES, INC., REPRESENTING QUAIL CREEK COUNTRY CLUB, INC.,
R~QU~STING A R~ZONE FROM GC TO RSF-2 FOR 3 RESIDENTIAL LOT EXPANSIONS
WITHIN QUAIL CREEK ESTATES FOR PROPERTY LOCATED ONE MILE NORTH OF
IMMOEALEE ROAD AND APPROXIMATELY 1/2 MILE EAST OF 1-75, CONSISTING A
TOTAL OF .2286 ACREs - ADOPTED WITH STIPULATIONS
Legal notice having been published in the Naples Daily News on
November 21, 1991, as evidenced by Affidavit of Publication filed with
~ ~P'~[ 15 Page 5
January 8, 1991
the Clerk, public hearing was opened to consider Petition R-90-29,
filed by William R. Vines of Vines and Associates, Inc., representing
Quail Creek Country Club, Inc., requesting a fezone from GC to RSF-2
for 3 residential lot expansions within Quail Creek Estates for pro-
perty located one mile north of Immokalee Road and approximately 1/2
mile east of 1-75 in Section 17, Township 48 South, Range 26 East,
consisting a total of .2286 acres.
Planner Hoover pointed out on the display map that two of the
lots to be expanded are in the upper northwest corner of the property,
and the other is in the southwest central portion of the property. He
explained that one of these property owners opposed Ordinance 91-2
because they wanted part of the golf course to expand their lot to act
as a buffer from the golf course, and Mr. Vines presented this peti-
tion to satisfy this property owner which it does as well as two
others.
Commissioner Shanahen ~oved, seconded b~ Commissioner Saunders end
carried un~ni~ously, that the public hearing be closed.
Omissionor Shanahen ~oved, seconded by Commissioner Saunders and
carrted~imou~lF, that the Ordinance as numbered and titled below
be adopted, ~ubJect to Staff's stipulations, and entered into
Ordin~nc~ Book No.42:
ORDINANCE 91-3
AN ORDINANCE AMENDING ORDINANCE NUMBER 82-2, THE COMPREHENSIVE
ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERS 8617N
AND 8617S BY CHANGING THE ZONING CLASSIFICATION FROM GC TO RSF-2
FOR RESIDENTIAL LOT EXPANSIONS FOR PROPERTY ABUTTING LOT 4, BLOCK
M, QUAIL CREEK UNIT 4 (FURTHER DESCRIBED AS 13488 POND APPLE DRIVE
WEST); LOT 1, BLOCK N, QUAIL CREEK UNIT 4 (FURTHER DESCRIBED AS
4202 POND APPLE DRIVE NORTH); AND LOT 12; BLOCK D, QUAIL CREEK
UNIT 1 (FURTHER DESCRIBED AS 4324 BUTTERFLY ORCHID LANE) IN
SECTION 17, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING OF .2286 ACRES, AND BY PROVIDING FOR AN
EFFECTIVE DATE.
Item
PETITION R-gO-12, Q. GRADY MINOR OF Q. GRADY MINOR & ASSOCIATES, P.A.,
R~-~t~ING JACK AND MA~Y Flt~EDg!AN, REQUESTING A REZONE FROM MHRP TO
PUD TO B~ ENO~ AS LEAWOOD LAKES IV, FOR 53 RESIDENTIAL DWELLING UNITS
ON PROFEItTY LOCATED ON TB~ SOUTH SIDE OF RADIO ROAD - CONTINUED TO
Legal notice having been published in the Naples Daily News on
December 18, 1990, as evidenced by Affidavit of Publication flied with
Page 6
000 , , 16
January 8, 1991
the Clerk, public hearing was opened to consider Petition R-90-12
filed by Q. Grady Minor and Associates, Inc., representing Jack and
Mary Freedman, requesting a fezone from MHRP to PUD to be known as
Leawood Lakes IV, for 5S res~dential dwelling units on property
located on the south side of Radio Road, in Section 6, Township 50
South, Range 26 East, consisting of ~3.17~ acres.
Planner Arnold advised that the petitioner is proposing to develop
this site with s gross density of four dwelling units per acre which
is consistent with what is allowed under the Future Land Use Element
of the Growth Management Plan. He Informed that the petitioner is
planning four residential development tracts, two preserve tracts for
gopher tortoise habitat, and one water management lake. He noted that
access to the property from Radio Road will be shared with the adja-
cent Lauren Pines PUD as well as internal drive connections. He
stated that the property will be supply by Collier County water and
sewer. He affirmed that all reviewing staff agencies recommend appro-
val.
Co~tssioner Volpe pointed out that the vote by the CCPC was 7/2
and questioned what the opposition was. Mr. Arnold noted that there
was discussion on whether to include in the document a sunset provi-
sion stating that after five or six years if infrastructure improve-
ments have not been made, the zoning would revert back to MHRP. Mr.
Arnold explained that the County Attorney advised that until the
County had a standard provision for all petitions, it would not be in
the best interest of the community to single this petition out for
this provision.
Commissioner Volpe stated that he would like to have direction
given to staff to provide for a sunset provision in PUDs that have
been approved in the past and those to be approved.
Mr. Arnold informed that the drafted Unified Land Development Code
does provide for a sunset provision which will be brought before the
Board for discussion.
Commissioner Goodnight suggested that further discussion on a sun-
Page ?
January 8, 1991
set provision be scheduled for January 22, 1991. Mr. Brutt confirmed
that the Unified Land Development Code draft would be available at
Co~missioner Volpe indicated that he would like to have a sunset
provision included in this petition.
Mr. Minor of Q. Grad¥ Minor & Associates, P.A., stated that if
this is going to be a County-wide ordinance they would comply;
however, they do not wish to be singled out.
Co~,,issioner Goodnight questioned if the petitioner would agree to
a stipulation requesting that if an ordinance requiring a sunset
provision is passed within the next year, this petition would be sub-
Ject to it? Mr. Minor replied that they would agree only if this were
tO apply to all PUDs and not Just them.
Commissioner Saunders suggested that approval of this petit/on be
delayed until the Sunset Ordinance is approved unless the petitioner
agrees to the suggested stipulation by Commissioner Goodnight. Mr.
Minor stated that he is not willing to commit to a stipulation that is
not clear at this time.
In response to discfission regarding applying the Sunset Ordinance
to previously approved PUDs, County Attorney Cuyler advised that this
probably cannot be done.
Commissioner Saunders ~aoved, seconded ~ Co~iss~oner Hasse ~d
c~ ~~ly, to continue Petition R-90-~2 ~til J~ 2~,
~SOL~ION NO. 91-1 ~ P~TITION AV-90-028, JOSEPH AND DORIS
RUS~OZ ~Q~STING ~AOATION OF A PORTION OF THE ~N~ FOOT
~I~E ~~ LOCA~D ON A PORTION OF LOT 16, BLOCK I OF THE
P~T OF ~ONGSNO~ ~ ~IT ~O - ~OPTED
Legal notice having been published in the Naples Dally News on
December 23 and 30, 1990, as evidenced by Affidavit of Publication
filed with the Clerk, public hearing was opened to consider Petition
AV-90-028 filed by Joseph F. and Doris A. Ruszkiewtcz represented by
Alec Rabne¥, General Contractor, requesting to vacate a portion of the
Page 8
3anuary 8, 1991
maintenance easement for the purpose of providing a three foot walkway
on the east s~de of an existing pool.
Transportation Services Adm~nistrator Archlbald informed that
Longshore Lake ks a subdiv~e~on located in North Naples adjacent to
Quail Creek. He explained that lot 16 is in the northeast quadrant of
the development and has been built upon with a portion of the pool
deck extending ~nto the maintenance easement by an average of six
~nches. In order to correct the problem, Mr. Archibald advised that
the property owner has applied for a vacation of a small port~on of
the maintenance easement. He noted that staff has reviewed the pro-
posed vacation, and the proper letters of no objection have been
received from the property owners association and County staff. He
stated that staff recommends that the proposed resolution be adopted.
Also Rabney, General Contractor, concurred with Staff's recommen-
dation.
Commissioner Volpe ~oved, seconded by Commissioner Shanaban and
carried unanimou~ly, that the public hearing be closed.
Commissioner Shanahah ~oved, seconded by Commissioner Hasee and
cm~F~dv~n~ra~ly, thmt Petition AV-90-028 be approved, thereby
adopting Resolution No. 91-1.
Page 9
$anuar~ 8, 1991
RESOLUTION NO. 91-2 R~ PETITION CC$L-90-6, REQUESTING A V~IANCE
I~ 00~ CO~TRU~XO~ ~CK LI~ TO ALLOW THE INSTALLATION OF
~IL~X~ TO ~ CO~ B~ FACILITIES AT CL~ PASS IN SECTIONS
~ 9 - ~D ~ ADDXTION~ STI~LATIONS
Legal notice having been published in the Naples Daily News on
December 23, 1990, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened to consider Petit/on CCSL-90-6,
filed by Michael A. Kennedy, P.E., of Wilson, Miller, Barton and Peek,
Inc., representing the Board of County Commissioners, requesting a one
hundred forty-five foot variance from the Coastal Construction Setback
Line to allow the installation of utll~ties to the County Beach
Facilities at Clam Pass, located ~n Sections 8 and 9, Township 49
South, Range 25 East.
Kimberly Polen of Pro~ect Review Services explained that the pro-
3act will involve providing a ma~n water line, electric and phone to
the fac~lities. She explained that the Association of Unit Owners
agreed to be responsible for one-half of the costs of the proposed
construction of the utilities by either the beach route or the board-
walk route. She indicated that the dune restoration involving a fore-
dune, a central dune, a backdune, and restoration of hammock area
has been completed at Clam Pass Park. She noted that installation of
the utilities under the boardwalk would have the least amount of
adverse impact to the dune system; however, staff found that this
alternative route would not be appropriate because the boardwalk is
mandated by the U.S. Army Corps of Engineers to have a draw bridge to
provide for the navigation of the bay by sailcraft; and the placement
of pipeline or conduit underneath the waters of Clam Pass Bay,
deviating from the boardwalk, is not readily subject to permitting
because of the disturbance of marine grasses. She Indicated that
Staff recommended approval of the subject petition with staff's stipu-
lations.
In response to Comm~ssioner Volpe, Ms. Polen stated that the beach
route is found to be ~n¢onsiatent to the Comprehensive Plan because of
00~/~'~ 22 Page 10
January 8, 1991
the shore hardening structures which the long term effect could have a
possibility of altering the beach; however, they are going to mitigate
for the entire beach line.
Commissioner Volpe commented that he would like an update on the
the contract that was let to design the installation of utilities
along the beach.
Mike Kennedy of Wilson, Miller, Barton and Peek, Inc. stated that
they are the design engineers on this project. He explained that in
August of 1989 they were authorized by the Board to complete the
design of the utilities along the beach route. He noted that the
design involves construction plans, Department of Natural Resources'
permit, Coastal Construction line variance, and easements obtained
from Naples Cay. Commissioner Vo]pe commented that he would like to
know the costs involved.
In answer to Commissioner Saunders, John MadaJewski, Project
Review Services Manager, stated that the issue regarding cost was
addressed in a feasibility report in 1986 regarding the beach route
and the boardwalk route. He noted that the boardwalk route showed
an extremely prohibited cost. He explained that in 1986 the beach had
Just completed a revegetation rehabilitation project under a State
grant which is the reason the beach was no longer considered for the
installation of the utility lines. However, he related that when tro-
pical storm Keith came through it destroyed most of the materials that
had been placed on the beach, therefore, allowing the possibility to
again consider the beach for utilities.
Commissioner Saunders commented that he feels that the Department
of Environmental Regulations would issue a permit allowing the utility
lines to be placed under the draw bridge to which Mr. MadaJewski con-
curred. Commissioner Saunders pointed out that since permitting by
the DER is a possibility then the boardwalk should not be ruled out as
a route for the utility lines, and the determination needs to be made
which route is the less expensive. Mr. Madajewski replied that cost
and from an environmental impact standpoint the beach would be less of
Page 11
January 8, 1991
an Impact today. Commissioner Saunders stated he would like to see
a cost comparison, and Commissioner Volpe concurred.
Commissioner Hasse stated that he would like staff to work with
the Corps of Army Engineers and relook at the draw bridge issue
because of the change in the land.
Commissioner Saunders advised that he does not see a problem with
19proving this petition now since it is only providing for a variance
if the beach route is chosen; however, that is a determination which
will need to be brought back before the Board for approval. Mr.
Kennedy concurred and added that the petition could be so worded to
acknowledge this.
Audrey Feedman, resident of Naples Cay, stated she would hope that
there will be a major environmental impact study done which would
reveal what is being planned for the pavilion at the Registry Hotel as
well as the impacts to the beach on an ongoing basis. She questioned
who will be paying for the maintenance for the infrastructure under
the beach if this is the route chosen. She pointed out that protec-
tion will need to be considered for the animals and in particular for
the bald eagle nesting ground. She complimented the condition of
the beach now, and added that she would hate to see this ruined.
Commissioner Saunders affirmed that the County will maintain the
beach in the best possible manner throughout the construction of
the utility lines no matter where they are placed and will con-
tinue to maintain them in the highest standard. He explained
also that the environmental permitting will be stringently con-
s~dered.
County Manager Dorr~ll clarified that the reason for the water
main is not for the benefit of the Registry Hotel, but rather for fire
fighting capabilities. He pointed out that there is also the concern
that there is no sanitary source of treated water at the park facility
which creates a health problem. He explained that DER and the
Envirorlmental Health Department has advised the County that the
showers at the beach should not be used because it is not a treated
Page 12
January 8,
source of water.
Comm~ssioner Volpe affirmed that this ~s all the more reason in
moving ahead as expeditiously as possible.
Om~mtsst=ner Sannderl ~v~d, seconded by Commissioner Shanahan and
~mXT~e~nn~n~n~ly, that the public hearing be closed.
~uloner Saunders ~e~, seconded by Commissioner Shanahan,
that P~T~T~on CCSL-90-6 be approved, thereby adopting Remolution 91-2,
w~Th ~ sT~laT~ that the pex~m~tking process with the State con-
ti~ ~ Tha beach r~te ~ld ~ available, but w~th the
~~n~ thm~ ~hm ~~lk w~11 probably be ~he preferred route,
~ ~t~on to STaff to ~lly evaluate the pros ~d cons of the
~~k ~n te~ of cost ~d The ~rm~tting process w~th DER for the
pl~~ of ~ ~der~ utility line along the draw bridge port~on
uf ~ ~lk.
Co~ss~oner Hasse suggested that other methods be consideTed
rather than only under the waterway of the draw bridge. Commissioner
Sanders agreed that th~$ can be looked into; however, added that
there will probably be l~ttle chance that the Corps of Engineers will
allow the closing of the draw bridge and make it a permanent struc-
ture.
Co~iss~oner Volpe stated that he cannot support the motion
~cause there has already been a considerable amount of money spent on
desl~ as well as staff efforts, and a decision needs to be made as
which =ou~e will be used before spending any more t~me and funds on an
undeterm~ned route. He asked for an update on the past negotiations
w~th the AUO regarding renewals and the cost sharJng, what the com-
parative costs between the two routes are, and a general summary of
the whole package.
C~es~er S~derffi ~nded h~s mo~ion, seconded ~ Co~iss~oner
~~, ~ c~F~ed 4/~ (0o~ee~oner Volpe opposed), to add further
d~rect~on to staff for ~ u~ate on the past negotiat~ons with the AUO
~~ the ~ r~es are, ~d a general ~.m.~ of the whole
Page ! 3
January 8, 1991
RESOLUTION 91-3 R~ PKTZTZON PU-90-14, DR. I~ENO SPAGNA, R~PRgSKNTING
NgR~Y[~ !~I/$TRZ~, INC. REQUgSTING & PROVISIONAL USE 'C' OF THE
'&-2' Z01~RG DISTRICT FOR & CHURCH &ND CHURCH KELATED FACILITIES 0N
TH~ NORTH $ZDg OF D&VI$ BLVD. - &DOPTED WITH STIPULATIONS
Planner Saadeh advised that the subject property is located on the
north side of Davis Boulevard, east of Santa Barbara Blvd., and west
of the Wildwood PUD, In Section 4, Township 50 South, Range 26 East,
consisting of 19.9 acres. He noted that the subject property is
currently zoned A-2, and the land to the north and west is undeve-
loped, to the east is the Wildwood PUD, to the south and across Davis
Boulevard is Naples Golf Center and Naples drive-in theater. He
informed that all reviewing agencies approved the petition subject to
the stipulations listed on the Agreement Sheet, and no letters of
objection have been received. He added that the CCPC unanimously
approved the petition with the said stipulations.
Commissioner Volpe voiced his concern regarding the traffic impact
on Davis Boulevard. He also Indicated concern regarding the plan
which shows a phased development of this provisional use; and his
understanding was that if structures other than the sanctuary were to
be constructed, they would be required to come back before the Board
for further approval.
Dr. Ntno Spagna of Florida Urban Institute, Inc., representing the
petitioner, noted that there is a provision provided by the Transpor-
tation Department that the petition will have to meet the concurrency
requirement at the time that the facilities are built. He explained
that in regards to receiving approval for any further structures on a
separate basis, is in the event that the petitioner does not show all
the facilities required on the plan. However, he continued, the plan
does show the total facilities needed which gives the basis for a
complete evaluation of the project. In response to Commissioner
Hasam, Dr. Spagna confirmed that this PU is similar to a PUD.
Commissioner Volpe pointed out that this Is approximately a twenty
acre project, but there are no timeframes shown as to how this project
Page 14
January 8, 199!
will be developed out. He noted that, even though the petitioner has
committed to the concurrency requirements along Davis Boulevard, an
explanation needs to be provided as to how he plans to meet the
~nfrastructure needs. He related that not only should a sunset provi-
s~on be ~ncluded, but given the size and location of the project,
safeguards in terms of development standards should be stipulated. He
suggested that to ensure these safeguards this project should be
placed under a PUD document. Dr. Spagna agreed, but added tha~ cer-
tain standards should be set.
Commissioner Saunders pointed out that the safeguards being
discussed are covered under the provisional use in that the layout of
the property and structures to be built are shown on the plan, and the
timing allowed at the most is two years to begin construction of the
sanctuary. Commissioner Shanahan concurred and added the stipulations
address all other concerns.
Tape ~2
Commissioner Hasse questioned if the three future structures would
be impacted by the timing of the provisional use? County Attorney
Cuyler stated that these structures would only be impacted if a speci-
f~c completion time were set because the provisional use only stipula-
tes that construction of the project must commence within two years,
but the timing of the future facilities would be up to the petitioner.
Comm~ssioner Saunders polnted out that this is a small project
with no major future expanslons involved.
Commissioner Volpe feltstated his concern about not knowing the
timeframe of when this project will be completed because there is no
way to plan for the Impacts it will have on the roads.
brant Thigpen, Pastor of New Hope Ministries, ~tated that the
construction is planned to begin immediately. He explained that plans
for churches are tied to the growth it experiences. He acknowledged
that if the road system allows for only a certain amount of people
to access and exit the property then this provision must be abided by;
however, he explained that presently the church has to hold three ser-
January 8, 1991
vices because of its size which ties up the road three to four hours
every Sunday, and with a larger facility the number of services could
be reduced.
In response to Commissioner Volpe, Reverend ThisPen informed that
they hope to sell the exlsttng property. Reverend Thtgpen responded
that a school is not anticipated, and clarified that the gymnasium
will not generate any additional people using the property. He
explained that the gymnasium will be used for a recreational facility
for the congregation of New Hope Ministries, and the additional
building is for the use of wedding receptions and meetings.
In response to Commissioner Masse, Planner Saadeh pointed out that
the Transportation staff has stipulated that the petitloner provide
for a left and right turn lane on Davis Boulevard.
Commissioner Saunders asserted that all the stipulations must be
met before a building permit is issued for this project.
Commissioner Shanahah q~estioned if Staff is satisfied with the
in~ress and egress of this property to which Mr. Saadeh affirmed that
they are with the stipulations.
Commissioner Volpe stated that he could support a provisional use
for the portion of the psrcel that will accommodate the sanctuary, the
gymnasium, and the multi-purpose building, but not for the entire 20
acres. Me added that he would have preferred this petition to be sub-
mitred as a PUD.
Commissioner Saunders disagreed completely, and noted that the
petitioner is limited to building only the three buildings noted on
the plan and would have to come back before the Board for approval in
order to build anything on the back half of the property. He
ex~lained that the provisional use approach limits the petitioner more
than a PUD would.
Commissioner Volpe agreed, and noted that standards for churches
in PUDs is something to be revlewed for the future.
0~mmiss~one~ Smun~e~o ~o~m~l, seconded by Commissioner Hasse and
¢mXTt~xl~ni~ously, that Petition PU-90-14 be approved, subject to
St&ff's sttpnl&tton~, thereby adopting Resolution 91-3.
/ OOOPAG[ 30 Page 16
January 8, 199!
see Iteoe~eed: 10:60 A.M. - R~convened: 11:10 A.M. at which
tt~e Deput~ Clerk Hoffman replaced Deputy Clerk Arr~ghl
~~ ~G ~ B~ ~ &T ~ CO~ GO~~ CO~L~ IN
~~ ~ ~ ~ ~~ ~T~ON$ - APPRO~D
Commissioner Saunders stated that he requested that this item be
placed on the agenda. He indicated that in July, 1990, the Commission
was asked to fly the POW/MIA flag at the Courthouse Complex. He
explained that at that time he felt there was not sufficient infor-
matron on the status of that particular flag in order to vote and
suggested that the County Attorney do some research in this regard.
He reported that in State offices, if a POW/MIA flag is presented, it
~s required that the flag be flown, as per State and Federal
Re~lations, but there are no legal requirements that this flag be
flowTl at County factlit~es. He noted that this flag has achieved the
status that it should be flow~ at the County Complex, if it is
donated.
C~tesioner Saunders ~ov~d, seconded by Co~issioner Sh~,
t~t S~f ~ d~r~t~ t~t the ~/MIA flag be flo~ at the Co~ty
~~, ~n accor~ce w~th State ~d Federal Re~la~lons.
Mr. Bud Kornse thanked the Commission, on behalf of the veterans
throughout the United States.
~ ~ll for ~e ~t~, the motion carried ~i~sly.
Item ~12G
~SIO~ US~ ~ ~Cg BIBLE C~CH TO BE RECONSIDE~D ON 1/22/91;
ST~ ~DE ~O~IA~ NOTIFICATION TO AFFECTED PROPER~ O~RS
County Attorney Cuy]er stated that under the Reconsideration
Ordinance, a request must be made within 15 days of the hearing. He
advised that a request was received on January 2, 1991, and the
Co~umission has the discretion as to whether this item should be recon-
sidered.
C~teeton~r H~ee ~;~d, seconded b~ Coatsstoner Shanah~n ~d
~t~ ~~lF, t~t the ~t~tonml Use for Grace Bible Church
~ ~l~r~ on J~ 22, 1991.
Page 17
January 8, 1991
County Attorney Cuyler explained that If this item was a PUD it
wou~d be readverti~ed in orde~ to provide notice to the public, but
since this is a Provisional Use, there will be no newspaper adver-
tisement.
Commissioner Saunders stated that several people spoke in opposi-
tion to the Provisional Use and in all fairness, they should be made
aware that this item will be reconsidered.
C~issioner Saunders moved, seconded by Commissioner Rases and
carried unanimously, that Staff be directed to provide ~pproprlate
notification to tbe affected property owners.
ltem f~C3
RKSOLUTZON 92-4, RE smP-00-22, BOB FURLONG OF WILSON, MILLER, bARTON &
~, 13fC., RKPRKSKHTT!~3 R~KR*S KD(3E OF NAPLES, INC., RKQUKSTING
SUBDiViSION MASTER PF.~APPROVAL FOR #NATURE POINT", LOCATED WITHIN
TH~ RXVKR REACH PUD - ADOPTED $UB~KCT TO AMENDED AGREEMENT
Legal notice having been published in the Naples Daily News on
December 23, 1990, as evidenced by Affidavit of Publication filed with
the Clerk, publtc hearing was opened to consider Petition $~P-90-~,
~iled by Robert K. Furlong of Nilson, ~iller, Barton and ?eel, ~nc.,
requesting S~bd~vision Master Plan Approval for "Nature
located in River Reach, at the end of Outrtgge~ Lane and adjacent to
the Gordon River.
Planner ~ilk advised that th~s item t~ a re~e~t for subdivts~on
master plan approval for "~ature Point" which i~ ~ocated ~ithin the
River Reach POD, Tract #2.
~r. Mil~ explained that ?ract #2, noted on the R~ver ~each PUD as
land use designation M-l, is 19.3 acres in size and is ~ocated w~thin
the Urban Designated Area on the Future Land Use ~ap. He noted that
this tract is the last remaining undeveloped sec~ion of the pro~ect,
and by the approved PUD is entitled to 58 mu~tt-fa~l~¥ units.
advised that the petitioner has chosen to develop a 20 lot single-
~amil¥ subdivision instead o~ a multi-family pro~ec~ of greater den-
sit¥. He affirmed that the proposed density for the subdivision is
unit per gross acre, noting that the maximum ~ens~ty p~o~ected by the
Page 18
January 8, 1991
Future Land Use Element is 3 units per gross acre. He indicated that
the proposed subdivision Is consistent with the Growth Management
Mr. Milk stated that the petitioner has requested variances to the
Collier County Subdivision Regulations and these requests have been
subsequently provided for within the Agreement Sheet.
Mr. Milk reported that staff and all appropriate County agencies
reviewed this petition and have no objections to its approval subject
to the stipulations listed on the Agreement Sheet. He noted that the
Collier County Planning Commission held its public hearing on December
20, 1990 and recommend approval of this petition, subject to S~aff's
stipulations.
Mr. Jeff Davidson of Wilson, Miller, Barton and Peek, Inc., stated
that the petitioner is In the process of obtaining approval for the
County to supply the water to this project.
Commissioner Volpe stated that the AGreement Sheet Indicates that
the sewer lines on stte will be privately owned. He questioned why
the sewer lines would be privately owned if the project will be tied
Into the County System, to which Mr. Davidson indicated that the
right-of-way inside the property Is privately owned.
County Manager Dotrill explained that the point of service will be
at the extension of the current road In Coconut River Estates, noting
that the Developer or Homeowners Association will be responsible for
the maintenance of the System from that point forward into their pri-
vate property.
Commissioner Volpe Indicated that it does not make sense to have
publicly owned water lines and privately owned sewer lines, and
suggested that the o~nershtp for both should be the same.
Mr. Davidson stated that sewer lines have been designed according
to County standards.
County Manager Do~rtll noted that there may have been a misun-
derstanding on the part of the application. He reported that he has
~ust been advised by Pro~ect Review Services Manager MadaJewskt that
January 8, 1991
these will be County lines and the necessary instruments will have to
be conveyed. Mr. Davidson concurred that this is the petitioner's
desire.
There were no other speakers.
Commissioner Saunders ~oved, seconded by Commissioner Shanahen and
carriedunani~musl¥, to close the public hearing.
C~iaeloner Saunders ~oved, seconded by Commissioner Shanahen and
cax~led unanimously, to approve $MP-90-22 and that Staff be directed
to correct the Agreement to reflect the appropriate o~nerehip of the
1~ mid the ~ing station, and that Resolution 91-4 be adopted.
'43
Page 20
January 8, 1991
~ TO DOA-90-7, LELY, A I~KSORT COMMUNITY DRI - DETERMINATION
THAT ~ DO~ NOT C0N~TITK~[E A SUBSTANTIAL DEVIATION
Legal notice having been published In the Naples Daily News on
December 23, 1990, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened to consider Petition DOA-90-7,
filed by Alan Reynolds of Wilson, Miller, Barton and Peek, Inc., repre-
senting Lely, A Resort Community, requesting a Substantial Deviation
Determination regarding a proposed map change and reconftguratton of
golf course #3, re Lely Resort Development of Regional Impact (DRI)
Master Plan.
Planner Mulhere stated that this is a request for the Commission
to determine whether this petition constitutes a substantial deviation
to the Lely, A Resort Community Development of Regional Impact.
Mr. Mulhere called attention to the current existing map and a
map depicting the proposed changes. He noted that this project is a
2,892.§ acre DRI located west of CR-951, north of U.S. 41 and south of
Rattlesnake Hammock Road. He stated that this DRI was approved in
May, 1985 and allows 1,135,000 square feet of commercial space and
10,150 residential units. He explained that the petitioner is pro-
posing an amendment to the Development Order and the principal change
would amend Exhibit "H" to "H-l", the Master Land Use Development Plan
for Lely, A Resort Community to incorporate minor design changes to
the golf course and contiguous restdentlal tracts, and would also
change some of the water management lakes which is permitted by the
PUD document.
Mr. Mulhere affirmed that Staff is of the opinion, that the
requested amendment does not constitute a substantial deviation, and
recommends that the Board of County Comm~ssioners determine that the
proposed amendment does not constitute a substantial deviation.
In answer to Commissioner Hasse, Mr. Mulhere replied that the
proposed amendment does not change the density of the project.
There were no speakers.
Page 21
January 8, 1991
Comm/ssioner Shanahah moved, seconded by Commissioner Hasse and
c~_~ried unanimously, ~hmk the public hearing be closed.
C~mm/swioner Shmnmh~nma~ed, seconded by Commissioner Hasse and
c~r~ledu~amtmou~l¥, that the a~ndment to Petition DOA-90-? does not
constitute · m~b~t~ttm! deviation.
R~OLUTZON 91-5 &lid DIKV~LO~ ORDER 91-1, RE PETITION DOA-90-?, ALAN
D. RE%'~OLDS OF WILSON, MILLER, BARTON & PEEK, INC., REPRESENTING EAGLE
CONSOLIDATED, INC. AND FF~%NINGO INVESTMENTS SOUTHWEST, INC.,
~QUE~TING AN AMENDMENT TO TH~ DEVELOPMENT OF REGIONAL IMPACT KNOWN AS
LELY~ A RESORT COMMUNITY - ADOPTED SUBJECT TO AGREEMENT AS AMENDED
Legal notice having been published In the Naples Daily News on
December 23, 1990, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened to consider Petition DOA-90-7,
filed by Alan Reynolds of Wilson, Miller, Barton and Peek, Inc.,
representing Lely, a Resort Community, requesting a Substantial
Deviation Determination regarding the proposed map change and recon-
figuratlon of envelope of golf course #3 as shown on the approved Lely
Resort Development of Regional Impact, (DRI), Master Plan and to amend
the Development Order to reflect the changes to the Planned Unit
Development, (PUD), Master Land Use Plan.
Planner Mulhere explained that this petition relates to the pre-
vious Item. He stated that this is a request to amend Development
Order 85-3, known as Lely, A Resort Community. He indicated that the
intent is to amend the Master Land Use Development Plan, Exhibit "H"
to Exhibit "H-l". He related that the proposed plan amendment incor-
porates minor design changes to golf course number 3 and contiguous
residential and open space tracts. He reported that the proposed
amendment maintains the same total of single family, multi-family
dwelling units and commercial square footage.
Mr. Mulhere stated that it is the opinion of staff that the recon-
figuration of land uses proposed by this amendment, is of minor signi-
ficance and does not change the relationships of land uses, 3ustifying
a major re-analysis of the plan as It applies to this area. He
affirmed that staff believes that this revision has no impact and
I 51
Page 22
January 8, 1991
therefore should be approved.
Mr. Mulhere Indicated that the Planning Commission held their
public hearing on December 20, 1990 and forwarded this petition to the
Commission with a recommendation of approval, subject to staff's stt-
pulattons.
Mr. Mulhere pointed out that the resolution provided needs to be
amended to reference the Agreement Sheet, and may need to be further
amended to include the stipulations as noted in DCA's letter dated
January 7, 1991.
Mr. Mulhere read into the record, a letter addressed to Ron Ntno
from DCA, advising that they will not be In attendance at the public
hearing but recommend the following:
That no final plat approval for any portion of Phase 2 deve-
lopment of the Lely Resort DRI will occur at the January 8
public hearing.
The Information supplied for the notification of proposed
change and approved at the January 8 pubtc hearing is not
being utilized to totally satisfy the revised Collier County
DRI Development Order 85-249 Section 4.C.4 condition relating
to vegetation and wild life review and approved by the
Florida Game and Fresh Water Fish Commission and the
Department of Community Affairs prior to final plat approval
and prior to any development within a phase.
3o
With the exception of recently supplied notification of pro-
posed change information on red-cockaded woodpeckers, the
Department of Community Affairs has not been notified nor
supplied with complete results of the plant and wildlife
veys, methodologies and appropriate protection measures
required by Section 4.C.4 of the Collier County DRI
Development Order Resolution 85-249 for either Phase 1 or
Phase 2 development but the applicant agrees to provide this
Information prior to any Phase 2 site development and final
plat approval.
That Mr. Reynolds and Lely Resort understand and agree that
the Department's review and approval of this plant and
wildlife information must occur prior to any Phase 2 site
development and obtaining final plat approval that this
review and approval could result in the need for mitigation
for Phase 1 plant and wildlife impacts and that this review
and approval could result in the need for mitigation for
Phase 2 plant and wildlife mitigation including potential
revisions to the Phase 2 site plan change currently being
approved.
Mr. Mulhere stated that the Department desires that their repre-
senrations be considered as part of the public record for today's
hearing.
Page 23
January 8, 1991
Mr. Mulhere advised that what will be approved today does not
further eliminate the requirements for review during platting or any
other subsequent Development Order, noting that the petitioner has
a~a'eed to same.
Mr. Alan Reynolds of Wilson, Miller, Barton and Peek, Inc., stated
that he received the letter from DCA early this morning via fax, and
noted that he has not had sufficient time to discuss the content of
the letter with DCA to determine whether he agrees to their state-
ments. He indicated that the Issues referred to in DCA's letter, are
germane to an existing condition of the Development Order which is not
being changed.
Commissioner Volpe ql/eStioned whether Mr. Reynolds concurs that if
the requested amendment is approved it is not intended to change any
of the existing development order conditions, to which Mr. Reynolds
replied in the affirmative.
Mr. Mulhere affirmed that the requirements are already in place
and the letter from DCA further states them.
Ms. Kim Dryden, representing the Florida Game and Fresh Water Fish
Commission (FGFWFC), stated that negotiations began last year relative
to the red-cockaded woodpecker Issue, but the applicant's desire was
to only negotiate that portion of the project immediately germane to
the golf course. She pointed out that a red-cockaded woodpecker
management plan has been drafted and the FGFWFC has replied to that
plan and negotiations are continuing.
Ms. Dryden stated that the current master plan reflects roadways
which will go through two red-cockaded woodpecker cavity trees, and
questioned whether the master plan change will override any staff or
Board considerations at a later date to make sure that the changes
take place and that there are continued management plan negotiations
to take care of this habitat.
Planner Mulhere Indicated that at the time of final platting, if
there are Issues germane to protective species that require a change
in the master plan, the petitioner would be required to provide same.
53' Page 24
January 8, 1991
Ms. Eileen Arsenault, representing the Collier County Audubon
Society, cited support of the FGFWF0's recommendations, as expressed
in the December 27, 1990 letter from Brad Hartman to Steve Lewis.
Mr. Dan Trescott of the Southwest Florida Regional Planning
Councll stated that he concurs with what is being proposed Including
the Agreement Sheet and any amendments which may be necessary as
per the DCA letter of January 7, 1991.
In answer to Mr. Trescott, Mr. Reynolds stated that the plat for
the balance of Phase 2, including the residential areas surrounding
the golf course are approximately 4-5 years down the road. He noted
that the present management plan will apply to the present plat appro-
val for the golf course end the comprehensive management plan will
apply to the future platted portions of the project.
Project Review Services Manager MadaJewskt clarified that there
will be two plats: the main golf course plat and the single platted
parcel for the clubhouse. He indicated that FGFWFC, Staff and the
representatives of Lely have been working on both of the plats and the
related issues will be worked out based on today's discussion.
There were no other speakers.
Commissioner Shanahen moved, seconded by Commissioner Saunders and
CaZT{edun~n~mousl¥, to cloae the public hearing.
Commissioner Sh~-l~llan moved, seconded by Commissioner Hesse and
CaZT~edunant~ou~l¥, to al;:~prove DOA-90-?, with the conditions listed
In time Agreement Sheet u 8]mended to reflect any additional con-
e~de~tlon~ that ~ ~lece~ as a result of the letters and
dt~c~lon~ of red--F, thereby adopting Resolution 91-5 and Development
Page 25
January 8, lg9~
I~OLUTXON 91-6, RH lr~TZTZON NO. $NR-90-3, STEPHEN J. CASHION,
~ a ~ NAM~ ~AN~ F~OM 6TH AVENUE $.W. TO BOTTLEBHUSH
F~NE E~K~ATED IN GOLDEN ~AT~ ESTATES BETWEEN LIVINGSTON ROAD AND SOLL
~ - .~DOFr~D
Legal notice having been published in the Naples Daily News on
December 23, 1990, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened to consider Petition SNR-90-3,
filed by Stephen J. Cash~on, requesting a street name change from 6th
Avenue S.W. to "Bottlebrush Lane", located in Golden Gate Estates Unit
35 Subdivision, north of Pine R~dge Road between Livingston Road and
Soil Street in Section 7, Township 49 South, Range 26 East, Collier
County.
Commissioner Saunders noted that the next four ~tems involve the
same developer and the discussion will be pretty much the same
regarding the street name changes. He questioned whether one public
hearing could be conducted on the four items.
County Attorney Cuyler advised that one public hearing may be con-
ducted for the four Items.
Planner Badamtchtan stated that he will be presenting Petitions
SNR-gO-I, SNR-90-~, ~MR-g0-3 and SNR-90-4. He noted that Mr. Stephen
Cash~on is requesting the following street name changes: Petition
SNR-90-! from 2nd Avenue S.W. to Sandiewood Lane; Petition SNR-90-2
from 4th Avenue S.W. to Sable Ridge Lane; Petition SNR-90-3 from 6th
Avenue S.W. to Bottlebrush Lane; and Petition SNR-90-4 from 8th
Avenue S.W. to Liv~ngston Woods Lane. He advised that all of the
streets are located ~n Unit 35 Golden Gate Estates, West of 1-75.
Mr. Badamtchian explained that the proposed name changes will eli-
minate confusion created by name duplication, noting that there are
the same names east and west of I-7§ and east and west of the
Vineyards Subdivision. He indicated that he has received four
telephone calls and one letter in opposition to the proposed name
changes and 16 telephone calls and 2 letters in favor of the pro-
posed changes.
6!
Page 26
January 8, 1991
In answer to Commissioner Hasse, Mr. Badamtchtan stated that there
are 211 lots affected by the proposed street name changes.
Mr. John Hayes, resident of 2nd Avenue S.W., stated that all pro-
perty owners were contacted and they were given the opportunity to
sign the petitions that were circulated and delivered to Project
Review Services. He reported that the petitlone reflect signatures
in excess of 50~+1 property owners. He noted that letters have been
received from the North Naples Fire Department, North Naples Shertff's
Sub-Station, and Collier County EMS, all approving the requested
street na~e changes. He noted that all the residents in this area
have experienced the confusion of people going to the east of the
Vineyards to locate these properties.
Mr. George Keller, President, Collier County Civic Federation,
stated that there may be some confusion in changing numbered streets
to verbal names, and noted that he does not feel that this is a good
general practice.
There were no other speakers.
O~t~lo~e~ S~lnders ~ov~d, seconded by Commissioner Shanahah and
cm~rledunani~ly, to close the 17ubltc hearing.
C.~e~tmetonmr Saunders ~oved, seconded by Commissioner Shanahah and
~t~edm~a~i~ousl¥, to al~prove Petition $NR-90-3, thereby adopting
Page 27
January 8, 1991
Itea #6C8
RESOLUTION 91-7, RE PETITION SNR-90-4, STEPHEN 3. CASHION, REQUESTING
A STREET NAME CHANGE FROM 8TH AVENUE S.W. TO LIVINGSTON WOODS
F~%NE LOCATED IN GOLDEN GATE ESTATES, BETWEEN LIVINGSTON ROAD AND SOLL
STREET - ADOPTED
Legal notice having been published in the Naples Daily News on
December 23, 1990, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened to consider Petition SNR-90-4,
filed by Stephen J. Cashion, requesting a street name change from 8th
Avenue S.W. to "Livingston Woods Lane", located in Golden Gate Estates
Unit 35 Subdivision, north of Pine Ridge Road between Livingston Road
and Soll Street in Section 7, Township 49 South, Range 26 East,
Collier County, Florida.
There were no speakers.
Contsstoner Saunders moved, seconded by Commissioner Shanahan and
carried unanimously, to close the public hearing.
Co~miseloner Saunders moved, seconded by Commissioner Shanahan and
cartes4 unani~usly, to approve Petition SNR-90-4, thereby adopting
Resolution 91-7.
Page 28
January 8, 1991
It~ ~6C9
RESOLUTION 91-8, RE PETITION SNR-90-1, STEPHEN J. CASHION, REQUESTING
A STREET NAM~ CK~NGE FROM 2ND AVENUE S.W. TO SANDLEWOOD LANE,
LOCATED IN GOLDEN GATE ESTATES BETWEEN LIVINGSTON ROAD AND SOLL
STREET - ADOPTED
Legal notice having been published in the Naples Daily News on
December 23, 1990, as evidenced by Affidavit of Publication filed with
the 01erk, public hearing was opened to consider Petition SNR-90-1,
filed by Stephen J. Cashion, requesting a street name change from 2nd
Avenue S.W. to Sandiewood Lane, located in Golden Gate Estates Unit 35
Subdivision, north of Pine Ridge Road between Livingston Road and Sol]
Street in Section 7, Township 49 South, Range 26 East, Collier County,
Florida.
There were no speakers.
Co~issioner Saunders moved, seconded by Commissioner Shanahah and
carried unanimous/y, to close the public hearing.
Co~m/sstoner Saunders moved, seconded by Commissioner Shanahan and
c~'~'~edunani~uel¥, to approve Petition SNR-g0-1, thereby adopting
Resolution 91-8.
Page 29
January 8, 1991
It'~J~ClO
RESOLUTION 91-9, RE PETITION SNR-90-2, STEPHEN J. CASHION, REQUESTING
A S"Iq~ET NAME CHANGE FROM 4th AVENUE S.W. TO SABLE RIDGE LANE,
LOCATED IN GOLDEN GATE ESTATES BETWEEN LIVINGSTON ROAD AND SOLL
STREET - ADOPTED
Legal notice having been published In the Naples Daily News on
December 23, 1990, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened to consider Petition SNR-90-2,
filed by Stephen J. Cashton, requesting a street name change from 4th
Avenue S. W. to "Sable Ridge Lane", located tn Golden Gate Estates
Unit 35 Subdivision, north of Pine Ridge Road between Livingston Road
and Soil Street in Section 7, Township 49 South, Range 26 East,
Collier County, Florida.
There were no speakers.
Co~/seloner Saltriders moved, seconded by Commissioner Shanahah and
carried unanimously, to close the public hearing.
Commissioner Saunders moved, seconded by Commissioner Shanahan and
carried unanimously, to approve Petition SNR-90-2, thereby adopting
Re~o~u~ion 91-9.
County Attorney Cuyler advised that the signature blocks of the
Resolutions relating to Petitions SNR-90-1 through SNR-90-4 reflect
the Board of Zoning Appeals. He noted that the above actions are
those of the Board of County Commissioners and staff will change the
signature blocks accordingly.
Page 30
January 8, 1991
l~Ol~TIOI 91-10, !~l PHTITION SN~-90-5, CARL FERNSTROM, REQUESTING
& ~ ~ ~ FROM ASI~L~ T~CE TO P~ATION CIRCLE IN ~E
~A~ ~D~SION ~A~D ON ~E SO~H SIDE OF ~DIO ROAD (C.R.
Legal notice having been published in the Naples Daily News on
December 23, 1990, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened to consider Petition SNR-90-5,
filed by Car1 Fernstrom, represented by Terrance Kepple of Bruce Green
and Associates, Inc., requesting a street name change from Ashley
Terrace to Plantation Circle, located on the South side of Radio Road,
(CR-865) and East of Santa Barbara Boulevard, in Section 4, Township
50 South, Range 26 East, Collier County, Florida. (Plantation
Subdivision, Unit Two.)
Planner Badamtchian stated that the petitioner is requesting a
name change from Ashley Terrace to Plantation Circle. He explained
that this name change is necessary due to a street layout change from
the original concept. He reported that Staff is recommending approval
of this petition.
There were no speakers.
~~r Sl~an~han~, seconded by CoBisotoner Saunders and
C~TM~IF, to clo~e the public hearing.
~~r Sll~n~h~zl ~OVe~, aeconded by CoRiseioner Hasee and
~~~l~l~ly, tO ~]?pZ~V~ Petition SNR-90-5, thereby adopting
~ln*~n 91-10.
Page
January 8, 1991
1~O1~O~ 91--11, 1~ I~T~TIO~ S1~P-89-5~ ROB~RT DUANE, REPRESENTING
HO~, ~ · A~$OC., INC., R~qUESTING ~XTgNSION OF SUBDIVISION
MASTE~t PE~N FOR THE SHOPT~$ AT SANTA BARBARA - ADOPTED
Legal notice having been published in the Naples Daily News on
December 23, 1990, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened to consider a request from Hole,
Montes and Associates, Inc., representing Laurence Mullins, in regards
to Petition SMP-89-5, (Resolution 90-7, adopted by the Board of County
Commissioners on January 9, 1990, known as the Shoppes at Santa
Barbara), requesting to extend the Subdivision Master Plan approval
for one year to January 9, 1992, for property located at Santa Barbara
Boulevard and State Road 84 (Davis Blvd.).
Project Review Services Manager MadaJewskt explalned that the
petitioner Is requesting a one year extension of the Subdivision
Master Plan for the Shoppes at Santa Barbara, located at the intersec-
tion of Davis Boulevard and Santa Barbara. He indicated that there
are no development changes or ordinance revisions which would upset
the original master plan, and therefore, staff recommends approval of
the requested extension.
Mr. Robert Duane of Hole, Montes and Associates, Inc., advised
that the construction plans are substantially completed but the peti-
tioner has not filed an application for the final plat approval as
yet.
Commissioner Volpe called attention to Agenda Item #6C17 which is
a request for a one year extension of the Subdivision Master Plan for
Neapolitan Park. He questloned the status of this project, noting
that the two projects should be considered together as a package since
they are tied
Mr. Mada]ewskt requested that both pro~ects be discussed simulta-
neously since they are interrelated. It was the consensus of the
Commission that both projects be discussed at th~s time.
Mr. Mada]ewskt stated that it is Staff's opinion that both pro-
~ects are in the same state: they are interconnected; they are both
000 P~,(~[ ~ Page 32
January 8, 1991
~ing along; and there have been no changes which would cause Staff
any concerns for the Subdivision Master Plan~ to be heard at this
time. He indicated that Staff supports both requests for the exten-
sions.
There were no other speakers.
~t~n~ 8~undars ~nmd, seconded by Commissioner Shanaban and
c~z~l~dunmnml¥, to close the public hearing.
C~mton~e $~ndsre ~, seconded by Commissioner Shanahah and
~~ ~1~, to m~ Petition S~-89-5, there~ adoptln~
~l~l= 91-11.
Page 33
January 8, 1991
91-12, RE PETITION SMP-89-17, ROBERT L. DUANE, REPRESENTING
~, ~ ASS~IA~S, INC., ~Q~STING ~KNSION OF
~~SX~ ~ ~ ~R ~LIT~ P~ - A~ED
Legal notice having been published in the Naples Daily News on
December 23, 1990, as evidenced by Affidavit of Publication flied with
the Clerk, public hearing was opened to consider a request from Hole,
Montes and Associates, Inc., representing Davis Boulevard Partners, In
regards to Petition $MP-89-17, (Resolution 90-25, adopted by the Board
of County Commissioners on January 23, 1990, known as Neapolitan
Park}, requesting to extend the Subdivision Master Plan approval for
one year to January 23, 1992, located at the East half of the
Southwest Quarter of the Southwest Quarter of Section 4, Township 50
South, Range 26 East, Collier County, Florida - less the South 75 feet
for the Davis Boulevard (SR-84} right-of-way.
This item was discussed in con,unction with Item #6C12.
There were no speakers.
~uioner S~unders ~, seconded by Commissioner $hanahan and
~l~r~i~m~ly, to close the public hearing.
~o~ission~r S~ul~srs ~ove~, seconded by Commissioner Shanahan and
~ted~man~ly, to at~rov~ Petition SMP-89-17, thereby adopting
R~ol~tton 91-12.
Page 34
$anuary 8, 1991
I~SOZ~TTZON 91-1S, R~ PETITION CC$L-90-13, WESTINGHOUSE COMMUNITIES OF
~, INC., R~~ & COASTAL CONSTRUCTION SETBACK LINE VARIANCE
TO ~ CO]I~TRUCTZON OF & T~NPORANY FENCE WITHIN THE PELICAN BAY PUD,
UNIT S, T]tACT A AND TO RE-V~GETATE WITHIN PELICAN BAY PUD, UNIT 8,
TRACTS At Bt C, D AND E - ADOPTED
Legal notice having been published in the Naples Daily News on
December 23, 2990, ae evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened to consider Petition CC$L-90-13,
filed by Westinghouse Communities of Naples, Inc., requesting a
variance from the Coastal Construction Setback Line (CCSL), as
required by Ordinance No. 75-19, to allow 1) re-vegetation and enhan-
cement of the dune system and 2) construction of a temporary fence.
The re-vegetation/enhancement of the dune system will extend approxl-
~tely one hundred sixty (160) feet seaward of the adopted CCSL and
the temporally fence will extend twenty-five (25) feet seaward of the
adopted CCSL for property within the Pelican Bay PUD, Unit 8, Tracts
A, B, C and D.
Ralvtronmental Specialist Polen stated that the petitioner is
recIGesting a Costal Construction Setback Line Variance to allow the
construction of a temporary fence within the Pelican Bay PUD and to
re-vegetate and enhance the dune system within Pelican Bay. She indi-
cated that in accordance with the Florida Administrative Code and the
Collier County Comprehensive Plan, the petitioner is encouraged to re-
vegetate and enhance the dune system.
Ms. Polen advised that the petitioner has removed exotic species
from the dune system and as a result, much of the system is devoid of
native vegetation.
Ms. Polen explained that Staff recommends approval of this peti-
tion, subject to the stipulations as reflected in the amended resolu-
tion which Includes modified stipulations for #3 and #4. She noted
that the petitioner supplied additional Information to clarify some
minor points which allow the construction of the temporary fence in a
pie shape which encounters 4-5 lots to protect the dunes. She Indi-
cated that people walking along the beach will see the consistent line
000 85
Page 35
January 8, 1991
of the fence and will not attempt to cross the dune while it is being
re-vegetated. She affirmed that the fence will also serve as a
security measure which allows completion of construction of the
buildings which are up to the Coastal Construction Line. She reported
that Stipulation #4 t.volves heavy equipment being used within the
fenced line.
T~
In answer to Commissioner Volpe, Ms. Polen advised that the fence
will re~atn until the last Certificate of Occupancy is obtained for
the 5th building of the pod.
Ns. Susan Watts, representing Westinghouse Communities, stated
that the dune enhancement program is strongly encouraged by the
Department of Natural Resources which includes three phases: the
removal of non-native plant material; re-vegetation with native plant
species; and a temporary irrigation line which is lafd on the ground
to water the plants. She noted that the second component of the
variance request is the temporary construction fence which will pro-
tect the new vegetation in addition to providing security for the
construction of the units that are taking place at the Strand. She
indicated that these units are being constructed in Individual pods
with 4-5 units per pod and the lots are very narrow. She related that
the time frame for the fence to be In place for one pod will be
approximately two years.
There were no other speakers.
~Ion~r ~ ~v~d, Nconded by Coatsstoner Saunders and
c~tedun~nt~ousl¥, to close the public hearing.
Co~taatol~ $~ ~d, seconded by Contsstoner Saunders and
c~t-~l~d~t~ou~ly, to mpprov~ Petition CCSL-90-13, thereby adopting
lt~l~tto~ gl--13.
Page 36
January 8, 1991
91--14, 1~ P~TX?ZON FU-90-24, DONALD A. PICIO4ORTH
~%J~q3 ~T. 30~tS EPZSCOPAL CHURCH OF NAPLES, INC., REQUESTING
FItOV/EXON&L U~ "&~ OF TI~ ESTATES DISTRICT FOR A CHURCH AND CHURCH
F&CILI'T~'$ - ADO~ SUBJECT TO AGREEMENT SKEET AS A~ENDED
Planner Saadeh expressed that the petitioner is requesting
Provisional Use "A" of the Estates Zoning District for a church and
church related facilities. He indicated that the subject property
located on the South side of Immokalee Road, approximately 1,045 yards
East of Oaks Boulevard and consists of 4.24 acres.
Mr. Saadeh stated that the subject property is zoned Estates and
ie undeveloped; the Longshore Lakes PUD is located to the North and
across Immokalee Road; land to the East is undeveloped Estates proper-
t~; to the South and across 24th Avenue N.W. is Estates property with
single-family homes; and land to the West is Estates property with an
existing fire station.
Planner Saadeh affirmed that it is the opinion of Staff that this
~)etition is in compliance with the Growth Management Plan and is con-
sistent with the proposed Golden Gate Master Plan.
Mr. Saadeh advised that staff is recommending approval of this
petition, subject to the stipulations as contained in the Agreement
Sheet. He indicated that a letter has been received from Stephen and
Vicki Wa~ner, supporting the project, if the conditions are met. He
noted that the petitioner has no problems meeting these conditions.
Mr. Saadeh reported that the Collier County Planning Commission
held their public hearing on December 6, 1990, and recommended appro-
val of this petition, subject to the stipulations in the Agreement
Sheet.
In answer to Commissioner Volpe, Mr. Saadeh replied that the
conditions requested by Mr. and Mrs. Wagner relate to ingress/egress
from Immokalee Road, and noted that this Is reflected on the plan
addition to adequate buffering from 24th Avenue, N.W.
MI'. Saadeh stated that the issue of ingress/egress is not specifi-
cally noted in the Agreement Sheet. Commissioner Volpe suggested that
000. . 80
Page 37
January 8, 1991
this Stipulation be incorporated into the Agreement Sheet, if the
petitioner concurs.
Ms. Sam Holland, representing St. John's Episcopal Church, stated
that the church will have a maximum seating capacity of 300 but will
have a match smaller membership in the initial stages. She indicated
that ~ future expansions are planned: Sunday School and Church
Offices. She related that traffic impacts wlll be minimum since most
of the traffic will be generated on Sundays. She advised that one
letter was received from neighboring residents, and noted that the
petitioner has agreed to provide two vegetated buffers on the south
and east sides and to empty all traffic to Immokalee Road. She stated
that the neighboring residents concur with these measures.
C~a~uton~ S~nmh~n~, seconded by Conissioner Hasse and
c~x~t~~o~ly, to app~ov~ Petition PU-90-24, there~ adopting
~1~ 9~-~4 ~J~ To The a~ee~n~ shee~ as ~ended ~o ~nclude
~/~~ f~m I~~ Road.
000 90
Page 38
January 8, 1991
D(~Z[tLDPICK~Y~TN~~ING ST. KITYS CONDOMINIUM, BUILDING PERMIT
~9--5135 - S]~][ ~ E~FEN~ION (~RANT~D WITH CONDITIONS
Community Development Servtces Administrator Brutt advised that
this item is a request for a six month extension of the Building
Permit for St. Kttts Condominium in Pelican Bay. He indicated that
the project has already received two 90 day extensions, and noted that
the on1¥ way the permit can be further extended is by the Commission.
He stated that staff Is recommending that the building permit be
extended, that the fees for the reappraisal of the plans be paid and
that all present Codes and Ordinances be enforced.
Attorney Donald Pickworth, representing Gulf Bay Development,
stated that the Ordinance requires that the $500 extension fee be
paid. He related that this is an extension of a permit that was
manted and approved under the Building Codes in existence at the time
the permit was granted and the Ordinance states that it be continued
under those requirements.
Mr. Brutt reported that the Fair Housing Act contains a provision
that states "must enforce the provisions of that act for any dwelling
under the criteria which was not occupied by March 13, 1991. He
explained that that act was Incorporated Into the State Building Act
and that was incorporated into the Collier County Act and therefore,
the building plans must be reviewed in conformance with these acts as
mentioned. He noted that the main concern is the handicapped require-
ments.
Attorney Pickworth indicated that meeting the requirements under
the Federal Fair Housing Act is something that his client has to do.
He affirmed that these requirements can be met with a minimal amount
of redesign. He stated that his primary concern relates to meeting
the other Codes, but noted that the applicant will show on his plans
that the Federal Fair Housing Amendments are met.
County Attorney Cuyler advised that he believes that this meets
the requirements of the Ordinance for the extension since the exten-
98
Page 39
January 8, 1991
mto~ provisions contemplated the original permit continuing as
reviewed. He indicated that his office has had conversations with Mr.
Pickworth and became aware that he is in agreement with the provisions
relating to the handicap Issue.
~mmmt~t~m~ Volpe~vwd, mec~ndedb~Co~aissioner S~ ~d
~1~ ~l~l~, to m~rm m six month extension of the Building
~t ~11~ ix ~t. [iris ~tni~ with the condition t~t the
~limt ~ ~ ~lO0 ~lic~tia f~e ~d that the plus ~ re-
~ ~ ~ to ~li~ce with the revisions in the Federal
~ ~ ~I~ N~S ~I0 COBOL C~ CL~ - ~O~Y USE
~ ~ ~ O~ ~ ~ 0~ DAY PER ~EK FOR 90 DAY PERIOD
~ ~I~ ~ ~E ~R A 90 DAY RE~AL
Mr. Scott Shelky, Officer of the Naples Radio Control Club,
requested a change in the conditions of the Temporary Use Permit for
property located on 111th Avenue North and 8th Street in North Naples.
Mr. Shelky advised that the Naples Radio Control Club is a non-
profit, State Incorporated, Nationally affiliated club comprised of
125 members of all ages who pursue the hobby of scale model electric
car racing. He affirmed that the club is dedicated to good, clean
f~ily fun and has been active for many years. He explained that many
charity events are held each year and the various shopping center
parklng lots have been used for these occasions, but since the centers
have become crowded due to the County's growth, the club has been
forced to move. He reported that one of the members offered the tem-
poFary %lse of the property as mentioned above. He noted that the Club
applied for a Temporary Use Permit and was granted same. He explained
that the club asked for permission to use the area on an occasional
basis, usually on Saturdays with activities continuing until 11:00
P.M.
Mr. Shelky stated that many of the residents of the area have com-
mented that since the Club has been utilizing the present site, post-
ttv~ improvements have taken place. He requested that the Commission
97 Page 40
January 8, 1991
approve the use of directional lighting to illuminate the track area
only. He disclosed that this lighting will be used from dusk until
11:00 P.M. He also requested that the Commission allow the club to
use the site more frequently, but not more than three times per week.
He re!~arked that the site Is fenced and locked and all activities are
adult club supervised.
Commissioner Hasse questioned the impact of noise to the
~urrounding property owners, to which Mr. Shelky replied that a public
address system is used to inform the drivers of their positions and to
co~nmicate the next heat. He divulged that the P.A. system will be
terminated at dusk and then a card or bulletin board system will be
utilized at night.
Commissioner Volpe stated that he has received complaints from the
· urroundtng neighbors with respect to the noise from the operation of
the facility. He Indicated that he does not question the intent of
the club, but noted that he does question the location since the sub-
Ject property is not zoned for Recreational and Open Space acttvttles.
He questioned whether consideration has been given for using the
Sports Park for the club's activities. Mr. Shelky replied that the
club had negotiated with the Sports Park for over a year, but unfor-
tunately, they are for profit, and the club is not. He noted that
income from the club that the Park desired, would have made the racing
fees out of reach for most of the members, especially the children.
Mr. ShelLy revealed that the club does intend to be a good neigh-
bor. He indicated that they will do everything in their power to
eliminate the concern regarding noise.
Commissioner Saunders questioned whether Mr. Shelky agrees to the
condition that if there are complaints with regard to the noise and
the lighting situation that the County will investigate and have the
discretion to cease the night time activity. Mr. Shelky replied in
the affirmative.
Commissioner Saunders asked Mr. Shelky if he concurs with the
club's activities taking place one night per week and one day per
Page 41
January 8, 1991
week, to which he indicated concurrence.
Commissioner Volpe suggested that a time limit be placed on the
temporary use, I.e. 30 or 60 days.
C~mi~ton~ ~ moved, seconded by Commissioner Shanah~n to
~ ~ T~~ Use ~t for one nigh~ per week ~d one day
~ ~k, wt~ ~ n~t tl~ activities ~ng place after 11:00 P.~.;
~t ~ 11~t~ ~tea ~ dtrect~ a~y from ~y residences ~d
~ ~.&. ~ ~t ~ ~ after ~k; ~d if there are
~ ~ of ~W Cmi~ere w~11 have the sole discretion
g~ ett~r t~ ~ t1~ or the night time activities; ~d that the
~t ~ ~t~ for ~ ~rt~ of ~tx months.
A discussion took place relative to the tlme period ~or the
~t~ ~e~ ~~ him ~tton to reflect that the
~ U~ ~tt ~ ~t~ for · ~r~od of 90 days, with a clause
~ a ~ ~ ~1. Cmteetoner Sh~ accepted the ~n~ent
~~ 91-4, ~NG ~E~Z~ ~QUIR~S FOR CO~RIENCE STORES
~&~ ~ ~ ~Z~O~~D ~ OF COLLIER COU~ - ~ED AS
Legal notice having been published in the Naples Daily News on
December 18, 1990, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened to consider an Ordinance pro-
ridtrig for regulation of convenience stores pursuant to the require-
merits of Chapter 90-346, Laws of Florida.
Co~tsstoner Goodnight called attention to the definition of
'Convenience Store" and the hours of operation between 10:00 P.M. and
5:00 A.M. She questioned whether a store that closes at 11:00 P.M. is
considered to be a "convenience store".
Assistant County Attorney Yovanovtch advised that the definitions
he used are taken directly from the Statutes passed by the
Leglslature. He noted if a store is in operation during those hours
it would be defined as a "convenience store".
99
Page 42
January 8, 1991
Commissioner Volpe questioned whether compliance to the ordinance
will require any significant modification to the lighting in the
parking lots.
Assistant County Attorney Yovanovich replied that he is not cer-
tain of the lighting modifications, but noted that the industry
itself, was consulted in the drafting of the legtslatlon and they had
extensive input on the final product which was passed.
Co~missioner Shanahah asked the number of incidents that have
taken place within the past 12 months that triggers the requirement
foF the ordinance to be put into effect, to which Attorney Yovanovich
replied that there have been six incidents within the past year.
County Attorney Cuyler advised that the ordinance provides a
series of things that the convenience stores have to do and an alter-
native is that they can have two people on the premises in lieu of
doing those things.
Com~unity Development Services Administrator Brutt remarked that
he finds no problems with the stipulations other than one which states
that the lighting must be an intensity of two candles per square foot,
etc. He advised that this can be done in two ways: obtain cer-
tiffcation from the convenience store that an engineer has actually
d~ne this; or that the County purchase expensive equipment to verify
the Intensity of the lighting.
·here were no other speakers.
~to~e~ ~mders ~v~d, seconded by Comtssioner Shanahah and
c~i~smt~ou~ly, to clo~ the public hearing.
C~s~dmion~r ~unde~ ~ov~d, seconded by Commissioner Shanahah and
~i~d~nani~ou~ly, that the Ordinance as numbered and titled below
b~ ~rtedwith ~n m~end~rnt to include a provision requiring cer-
tiltarian by en engineer with respect to the intensity of the
lighting, ~nd entered Into Ordinance Book No. 42:
ORDIN&NCE 91-4
AN ORDINANCE PROVIDING FOR REGULATION OF CONVENIENCE STORES
PURSUANT TO THE REQUIREMENTS OF CHAPTER 90-346, LAWS OF FLORIDA;
PROVIDING FOR TITLE AND CITATION; PROVIDING FOR APPLICABILITY;
PROVIDING DEFINITIONS; PROVIDING SECURITY REQUIREMENTS; PROVIDING
FOR PENALTIES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING
AN EFFECTIVE DATE.
January 8, 1991
1:O5 P.M. - Reconvened: 1:35 P.M. at which time
Clark Guevin replaced Deput~ Clerk Hoffman
~ O/'~!~J~.'S IL~:~2' ACCePTeD AND 8134,423 ACCEPTED AS TOTAL
· AqFN~r~ ~AZS~ ~l~GXlq~B~t~ FOR RZGHT-OF-WAY SERVICES RECEIVED AND
~ !t~OLUTZO~ OF CLAIiq~ R~ RIGHT-OF-WAY ACQUISITION SERVICES
FOItL~!tOAD
Transportation Services Administrator Archibald stated this is a
recommendation for the final payment of the consulting services
agreement Issued to Kaiser Engineers. He said the contract was to
provide right-of-way acquisition services for 48 parcels involving
Livingston Road. He advised the firm submitted a claim that Staff did
not concur with and after negotiations, the consultant asked to have
the situation addressed by a hearing officer. He stated Mr. Harold
Hall was asked to hear this case, and his report suggests payment to
Kaiser Engineers of $134,423. He concluded Staff and the consultants
~avs accepted this as a final resolution, and Staff is requesting
release of payment in that amount.
Commissioner Hasse questioned if all the work has been finished?
Mr. Archibald stated a portion of work under the contract has not
been completed, however, some work done by the consultants exceeds
what was in the contract. He said this is a lump sum contract, but
to vet7 specific in regards to the different activities to be per-
fo~ed and the basis for payment for each segment of those activities.
In answer to Commissioner Volpe, Mr. Archibald indicated that
Staff will be addressing any outstanding items, however, outside
appraisers will be utilized for any condemnation proceedings.
Commissioner Shanahah asked if a full and complete report has been
received from the hearing officer? Mr. Archibald responded in the
affl~mative, adding that copies will be made available to the Board of
County Commissioners if requested.
Commissioner Shanaban asked for an explanation of the findings
which concluded that practically all significant delays experienced by
Kaiser were caused by the lack of information which was to be supplied
by the County. Mr. Archibald responded that one of Kaiser's claims
Page 44
January 8, lg91
was the County was deficient in getting the appraisal reports to the
consultant. He said Staff's position ts that most of the appraisal
re~rts were submitted to the consultant in sufficient time for him to
react. He stated the hearing officer concluded that the County may
have been late in submitting all the appraisals, but that does not
mew there was insufficient time during the ten month contract period
for the consultant to make up any loss.
~ut~F Volpe ~re~d, sec~d~ ~ Co~tsstoner Ruse ~d
~~ly, to ac~t the heartn~ officer's re~rt ~d fill
~ ~ of $134,423.
Page 45
January 8, 1991
T~
P~IO]~A~ ~FI~S ~NT~A~T AWARDED TO CH2M HILL, INC., FOR DESIGN
~ ~ ~ ~ ~ PI~ RI~E ROAD BE~EN U.S. 41 ~D
~-~~ ~, ~S~ ~ 0F CI~ PROJ~CT NO. 014 - IN ~E ~0~
Mr. Archibald noted that the total contract amount for the work
that is expected is $220,994, however, in addition Staff is asking for
authorization on a unit price basis to expend up to $25,000 if needed
for drainage and environmental permitting requirements. He said Staff
is comfortable with the dollar amount and also with the timetable of
192 days to perform the work. He indicated the consultant will be
able to keep the project on its current schedule in the five-year CIE.
Commissioner Volpe ¢fuesttoned if this is a commitment only to
Phase I? Mr. Archibald replied this contract will start and complete
Phase I which is the six lane design, and will also provide the basis
to consider at some future point in time, another contract for Phase
Co~!tsstoner Volpe asked if this contract addresses the issue of
the utilities aspect as part of the design? Mr. Archibald stated most
of the water line utility work has already been designed In the
median. He said the sequence of activities on Pine Ridge Road will
involve the water contractor performing his services in the median
prior to the six-lantng.
~,C~d~tOZ~F Sh~n~t~n !loved, seconded by Commissioner Saunders and
~XTJ~ ~n~nt~ly, to ~rd the Professional Services Contract to
~M H~ll, Inc., for delian of six-laning improvements to Pine Ridge
~ ~%~eex~ U.S. 41 ~d A~ort-Pulling Road, Phase I of CIE Project
IO. 014, ~ ~ ~m~/~t of $245,994.
Page 46
January 8, 199!
~lm~gD1 ~ fz~m#14D8
BID/!J'P~00-1608 AJJD A(IR.KKMKNT ~R ~ 90/91 ~IL~T~S ~ S~Y -
~~ ~& C~L C~T~ IN AN ~0~ NOT TO ~CKKD
Commissioner Volpe advised he asked for this item to be removed
from the consent agenda because the executive summary indicates the
low~at bidder is John A. Mayer Associates at $13,500 and Staff is
recommending Brown & Caldwell Consultants' proposal of $37,014.
Mike Arnold, Utilities Administrator, explained these are pro-
£esstonal services where the costs as well as the qualifications are
examined. He said a committee was appointed and the membership recom-
mended that based on the qualifications issue, the second lowest
bidder be selected. He reminded the Board that this particular rate
at~ldy is more complicated than those done in the past.
Co~fssioner Volpe asked if the lowest bidder in the opinion of
Staff ts not ~al~fied to perform the study? Mr. Arnold replied that
the selection co~ittee felt the firm being recommended is better
~al~f~ed, and they had all the data on hand that was needed to make
~ ~nformed and intelligent recommendation.
In ~swer to Co~issioner Saunders, Finance Director Yonkosky
re.fred he was a member of selection committee and he agrees with the
r~o~ended f~rm. He e~lained that John A. Mayer Associates is basi-
cally one individual who performs the bulk of his work in the State of
N~ch~g~. He commented Mr. Mayer could probably do the work satisfac-
torily, however, he voted for the other firm because of the number
of people employed ~d the work performed in the State of Florida.
~~ S~~ ~, ~onded ~ Co~ss~oner Hasse ~d
~~ 3/2 (C~i88i~ero S~ ~d Volpe opposed), to a~rd
Btd~ ~1608 to BF~ & Calbll Connlt~ts in u u~t not to
~ $3g,~ ~ nthortze the Chat~rson to exerts the usoctated
~mt~ ~tceo
Page 47
January 8, 1991
91-16 AND 91-17 AWARDING CERTIFICATES OF PUBLIC
~88X~ TO ~A LIMOUSINE, INC., SUN COU~RY
~ ~~ S. CO~RY D/B/A ADM~L~ LIMOUSI~
C~s~ut~ioner Saunders ~ved, seconded by Commissioner Volpe and
c~i~dunan~u~ly, to close the public hearing.
Commissioner Volpe recalled a recent discussion concerning a
requirement that the place of business be in Collier County. He asked
tf that issue has been resolved? Leo Ochs, Administrative Services
Ad~inietrator, stated the Pllblic Vehicle Advisory Committee reviewed a
re~ent ordinance amendment and ultimately decided not to require a
place of business license within Collier County as long as prompt ser-
vice could be provided at reasonable, competitive rates.
~t~r ~;mders ~:~d, seconded by Coatesloner Volpe and
c~r~tg~l¥, to me~rd Certificates of Public Convenience and
]~s~tty to ~ Limine, Inc., Sun Country Lt~uaine, Inc., and
Jsft~F S. Conn~ D/B/& Admiralty Li~oualne Service, thereby respec-
tt~y~opttn~ l~a~olutton~ 91-15, 91-16 and 91-17.
Page 48
January 8, 1991
I~.~EMENTATION OF SUGGESTIONS MADE TO THE BOARD OF
THE CITIZENS' PRODUCTIVITY COMMITTEE
County Manager Dorrill reported new members will be sought and
appointed to the 1991 Citizens' Productivity Committee within the next
several weeks. He said he has undertaken an analysis of the previous
reco~mendations from the Committee to give the Board a point-by-point
S%~ff response on the County's Involvement to either implement or to
have ~n progress an analysis to Implement previous suggestions. He
said approximately 27 specific recommendations have been identified
and 90~ have either been implemented or are in the process of being
~lemented as a result of the agreement to do so. He mentioned a
re¢ouendation that the Board of County Commissioners review and eli-
mlnate the continued support of non-Statute provided social or
contract service programs. He Indicated he would not speak on that
Issue because it is directed more toward the Board itself as opposed
to Staff. Be said a second recommendation is to create an Immokalee
MSTU to add tax on existing taxable value in Immokalee to pay for
govel'nment provided contract service that benefits primarily that
area. He stated that a proposal is also directed to the Board of County
Comm~sstoners, and he will not address it. He called attention to
three items that have not yet been completed. One, he said, is the
~oint porchass of chemicals with the City of Naples, primarily for
utlltt¥/water treatment purposes. He advised the City and County
annual bid dates conflict, therefore, the follow-up has not been done.
He reported a second recommendation that the Board of County
Commissioners and the Constitutional Officers undertake a data pro-
ceasing analysis to consolidate data processing programs into a single
provider has not been completed. He stated the final recommendation
~s to explore creating toll roads in Collier County. He related that
is an idea that would be very difficult to implement and because of
tlme constralnts, Staff has not had the opportunity to fully analyze
the ~ssue.
Page 49
January 8, 1991
County Manager Derrill stated there are two recommendations that
Staff is not in agreement with. He said the first is to eliminate
Code Compliance processes where a contractor or developer would have
his architect or engineer certify compliance. He indicated he is
opposed to that because County Staff Is there to provide the regula-
tory function. He relayed the second item concerns the current self-
funded insurance provisions whose claims administration is handled
~lnder a contract with a private company, and the recommendation is to
have that handled by County Staff. He reported analysis has shown
that this issue can be dealt with cheaper with the current method.
Commissioner Saunders complimented the County Manager on his
report. He questioned if the County Attorney's Office has completed
work on establishing an independent board of zoning appeals? County
Attorney Cuyler replied he will come before the Board to present
several different options within the next 30 days.
Commissioner Saunders mentioned he has submitted a memo to the
Board relative to concerns he has that he would like the Citizens'
Productivity Committee to investigate. He said one is the County's
fleet maintenance opert.tions with an analysis of who on the County's
Staff should have vehicles. He also requested an analysis of the pay
for performance plan.
Commissioner Volpe stated, with regard to the purchase of equip-
ment and materials for capital projects to avoid the 6~ sales tax,
that the report indicates this cannot be accomplished in the current
fiscal year. He asked if anything can be done to expedite this propo-
sal? Mr. Dotrill replied this has been done for a number of years in
non-utility related construction projects. He said as future
construction projects are awarded for utilities, Staff is recommending
that ~aaJor equipment or unit type purchases be done through the County
in order to be relieved of paying the 6% sales tax.
Mr. Arnold communicated that no projects have been bid since that
recommendation came through.
ooo
Page 50
January 8, 1991
In answer to Commissioner Shanahan, Mr. Arnold stated the Board
has approved in the current fiscal year, the authorization to create a
crew and a vehicle to implement the small water meter change-out
pro~m. He said both positions have been filled, the vehicle has
been outfitted for them to use, and in the Interim, they have been
changing those water meters they can. He assured the Board that those
w~ter meters that do not function properly are being addressed in a
timely fashion.
Coatsstoner Shanahan mentioned there was considerable concern by
the Citizens' Productivity Committee concerning the amount of duplica-
tion within the County, particularly in the area of Constitutional
Officers. He asked if that is an area that needs continuing obser-
v~tion slid consolidation, especially in the area of data processing?
Mr. Dotrill reported there are five major data installations in
Cotlrltlr government: the Shertff's Office, the Tax Collector, Property
AppF&tser, the Clerk of Courts and the Board. He mentioned he is not
~w~Fe at this time that the Constitutional Officers will agree to con-
solidation.
Coalsstoner $hanahan strongly suggested that the option continue
to be explored.
Comtsstoner Volpe questioned the status of school impact fees and
~lldato~ land dedication? County Attorney Cuyler responded that the
Cotxnty is in the process of obtaining a consultant. He said there
needs to be a study to underlie that ordinance, just as there would
for any other impact fee ordinance. He stated there have been conver-
sations in the past with the School Board regarding participating in
the cost of that study, which they are now considering.
Com~tssioner Saunders mentioned an item will be heard later in
this meeting with regard to capping ad valorem taxes, and an essential
cooporient of that is to take advantage of other revenue sources. He
said impact fees are an appropriate revenue source and at this point,
all impact fee ordinances need to be reviewed to ensure that the
County is charging as much as it can. He stated there are two areas
Page 51
January 8, 1991
without impact fees that need to be discussed, school impact fees and
state road Impact fees.
Commissioner Goodnight stated all Board members have received a
copy of the memo from the County Manager to the Chairman of the School
Board regarding the amount of money needed for a consultant. She
pointed out that Collier county government will not benefit from
school impact fees, the School Board will and they need to be willing
to p~ for the cost of a consultant.
Com~tssioner Volpe commented that Staff and the School Board need
tO be advised what the Board of County Commissioners' determination is
re!larding payment of the consultant's fee, because that direction has
not yet been provided. He suggested that Commissioner Goodnight meet
with the Chairman of the School Board.
Commissioner Goodnight concurred, but stated her position that the
Bo~d of CotHIt¥ Commissioners is no more responsible to the citizens
of the County than is the School Board.
Commissioner Shanahan agreed that the matter has been on the table
for several months and needs to be resolved.
Commissioner Volpe next questioned if there are any specific
guidelines with regard to the use of vehicles? Mr. Ochs replied that
a staff review committee is currently reviewing policies and
corresponding procedures to make them more specific.
Commissioner Goodnight communicated this is an informational item
and does not requtre action by the Board.
R~X~EIO~ 01--18 &~KPTIN~ AND AUTHORIZING THE CHAIRPERSON TO EXECUTE
T~ ~I][I~R AND CON~ENT TO TH~ AMEND!~ENT TO THE DECLARATION OF
RE~I~X~TIO!~, AND APPOINTING TH~ REAL PROPERTY DIRECTOR AND/OR
AS~I~ TO PARTICIPAT~ AS A VOTING MEMBER OF THE OWNERS' ASSOCIATION
~ (~LI%IEH PARE OF C09~IERCE - ADOPTED
Oa~misstoner Saunders moved, seconded by Commissioner Shanahah and
=aZTte~unanimousl¥, to accept and authorize the Chairperson to axe-
ate the ]oi~r mn~ consent to the a~endment to the Declaration of
Re~%~t~io~, ~mt appoint the Real Property Director and/or assignee
to p~a~t=tpmte mm a voting ~e~ber of the Owners' Association for
~ollteX P~rk of Co~erce, thereby adopting Resolution 91-18.
January 8, 1991
mmerr AtEmtmmm's 02~-~3; 01-~/~; 01-~8/~0~ ot-~/~2; 0~-~/68 ~
~~ ~ ~, ~c~ded ~ Co~iooloner Saudero ~d
~~ ~ly, to ad~t ~d~t ~nbnts 91-53; 91-55/56;
01-~/8~ ~1~/621 91-65/68~ ~ 91-70/74.
~ ~ ~LWIONS 9~-5 ~OU~ 91-8 - A~KD
Co~aiselouer Shanahah Bored, seconded by Connissioner Saunders and
carried unlnlBousl¥, to adopt Budget A~endment Resolutions 91-5
Uxz. ough ol-o.
Page 5 3
January 8, 1991
Zt"e~d~2B
CO~IF~.~N.%~]t DII~ECTED TO RE~rRN IN 30 DAYS WITH PLAN REGARDING
AFfZCZPATED ~ SHORTFALLS FOR FY 91 TO INCLUDE HIRING FREEZE OR
CAP O~ PATItOLL EXPENDITURES; COUNTY MANAGER AND COMMISSIONER SAUNDERS
TO g~TWIT~ COI%~TITUTIONAL OFFICERS TO COORDINATE COUITrY EFFORTS
CommLsstoner Saunders referred to a memo he sent Board members in
November, 1990, concerning economic constraints the Board of County
Com~issioners will be facing in 1991. He said most have already been
considered, with the exception of a hiring freeze that he would like
extended into 1991. He said the County Manager has stated there are
50-55 vacant positions at the present, and he is asking for agreement
in principle to ensure that people are not hired until more infor-
mation is available on revenues. He asked the Board to direct the
Count~ Manager to return with a plan to reduce hiring into vacant or
newly approved positions in 1991, emphasizing that this will have no
impact on existing employees.
Co~l~lissioner Goodnight asked for a better definition of the pro-
posed hiring freeze, stating certain positions in public safety areas
need to be filled. Commissioner Saunders agreed that it is essential
to fill positions in those areas. He said he has indicated in the
past that he is not looking to reduce the County's ability to provide
emergency services to the community.
Commissioner Volpe mentioned he has received information from
Finance Director Yonkosky regarding revenue projections and short-
falls, which indicates that Collier County will experience shortfalls
in local revenues generated through licenses, permits, charges for
services, impact fees and some revenue sharing from the State. He
stated it is important to discuss a hiring freeze but the Board must
also weigh the importance of having people to do the work as opposed
to the costs of overtime. He mentioned placing a cap on payroll
expenses may be another way to deal with anticipated shortfalls.
Commissioner Saunders stated the County currently has enough reve-
nue to retain present employees and to fill certain vacant positions.
He said if the County finds itself short of revenues in April or May,
Page 54
January 8, 1991
the Board will not only be facing a hiring freeze, but also the
p~osp~¢t of laying off people. He stated Collier County can avoid
the economic problem that many communities will be facing with a
shortfall of revenues, avoid laying off people and at the same time
maintain essential public services by being prepared in advance.
County Manager Dorrtll advised that he has already begun to hold
certein positions which has resulted in an average saving of between
$135,000-$150,000 per month. He said he is in agreement that the
County needs to begin preparing now for the more difficult decisions
it will be facing mid-year. He suggested that his office provide the
Board with a monthly accounting of the program already in place.
Coutsstoner Shanahah asserted that every member of the Board of
County Commissioners wants to be cost efficient in 1991 and he agrees
that a plan needs to be in effect to deal with this issue. He indi-
cated that the County should have optimistic, realistic and pessi-
mistic plans readily available to deal with whatever situations will
occ~.r.
~~ton~ ~nder~ !~,.d, seconded by Commissioner Volpe to
~ th~ Count~/Nana~er to return within 30 days with a plan dealing
with mttctp~t~d r~v~um shortfalls, to include a hiring freeze with
~tO~ b~tlt in for mmrgency services personnel or a cap on
pml~oll ~p~; th~ County Nanager directed to meet with each of the
Con~tltlztlonml Officers to advise themehat the Board of County
Co~mts~i~r~ is doing to save ~oney and ask them to look into what
they c~mdo to ~ revenues in their budgets.
Commissioner Goodnight suggested that the Board appoint a
Cmlssioner to Join the County Manager in his meetings with the
Constitutional Officers.
~~to~m~ ~x~t~re ~mnd~dhtm ~otion to reflect the above.
Co~tsstoner Volpe commented there are other areas where purchases
can be put on hold, such as vehicles. He advised that the purchase of
$1 million in new vehicles has been authorized in FY 91, and he pro-
poses to freeze those expenditures except in emergency situations.
Page
January 8, 1991
~t~i~ ~ders ~urther amended his motion to have the
Co~xr~~ al~o r~rt ~ck on that t~e ~tthtn 30 daye.
Clerk Giles suggested that a session be held to project the
C~'s standtrig on revenues for the current year as well as how the
State 1~ revising the estimates, In order to clarify for the Board how
bad shortfalls may or may not be. He said real f~gures are available
to give the Board ~ understanding of what It will be dealing with.
R~chard Loeber, representing the Taxpayer Action Group of Collier
C~, indicated his support for what the Board is attempting to do,
h~r, he disagreed with the concept of referring the use of the
C~'s fleet of vehicles to the Productivity Committee. He stated
the te~e will get bogged do~ in an outside comm]ttee and will not
get results. He said it is more appropriate that the County Manager
~d Staff determine where reductions in spend]ng should be focused.
Co~tsstoner Saunders mentioned that the Board of County
Co~lssloners has Just implemented more than twenty recommendations of
that Co~ittee which will ulti2ately result in the savings of a con-
elderable ~o~t of money. He disagreed that the issue will get
~ged d~ by asking for their input.
~. Loeber also commented that he cannot understand the amount of
~tside consultants being hired and that internal Staff should be uti-
lized. He urged the Board to closely scrutinize that area of cost.
~eorge Keller, President of the Collier County Civic Federation,
th~ed the Board for taking a position in favor of cost reduction in
Collier Gouty government. He suggested that the Board direct the
C~ty ~anager to reduce the total budget by 5~ for the rest of this
fiscal year, rather than expend the amount of time it will take to
iaple~ent reco~endattons from the Citizens' Productivity Committee.
Co~isstoner Saunders stated that Committee will be a permanent
feature of County government who w~11 be continually.evaluating
dep~rtmen~8 year after year. He said the purpose is [or them to tell
the ~ard how to save money on an on-going basis. He advised that the
~rd i~ directing the County ~anager to come up with a plan to reduce
00o , . 264
Page 56
January 8, 1991
expenditures and at this point, it Is not known whether 5% will be
adequate,
~ C~ll for the q~aation, the motion passed unanimously.
Ocmmtmmioner Volpe~d, that pending the study to be done
~ ~sttton of eqUtlmment, that no additional vehicles be
~ in time tntarts.
County Nanager Dotrill suggested that the Board allow him one week
tO look Into what is being done with regard to vehicles, because he is
not prepared at this meeting to inform the Board what has been planned
or what Is under contract.
Commissioner Volpe agreed to allow the County Manager one week to
investigate the Implications regarding purchases of vehicles, and
asked that he also report back on contracts for other equipment and
saterials as well.
(N~mm/mmtoner ~oo~nt~ht stated the ~otion is tabled and will be
County Nanager Dartill questioned which County Commissioners
will be working with him to meet with the Constitutional
Officers?
Commissioner Goodnight appointed Commissioner Saunders as the
Board's representative.
DI~I~C~I~'~RNI~G LIMITING ADVALOREMRECEIPTS - CONTINUED FOR 30
Co--issioner Saunders stated this is an issue dealing with
attempting to place a cap on ad valorem tax revenues in the coming
year that will be effective for the coming years. He indicated the
concept is to develop an ordinance that will make it prohibitive on
the Board of County Commissioners to Increase ad valorem taxes from
one year to the next without an extraordinary set of public hearings
to Justify the particular budget items that are resulting in an
increase that would be larger than permitted in the ordinance. He
~aggested that this item be continued pending further input from the
000 265
Page 57
January 8, 1991
County Attorney's Office.
Commissioner Volpe mentioned that this subject was brought up
during one of the strategic planning sessions. He asked the County
Manager what the status of this issue is?
County Manager Dotrill reported he committed to submit later
during the winter months, a proposed fiscal and budget policy for the
ending year. He said he agreed to propose several revenue limiting
structures for the Board to review at that time.
Mike McNees, Budget Director, remarked that sometime toward the
end of February or early March, he will be coming before the Board for
approval of budget policies.
Commissioner Volpe mentioned that the Board of County
Co~miseloners can set an example by ordinance of fiscal restraint,
h(~ever, the Board has no control over the School Board or any other
governmental entities, all of whom are tax collectors. He said the
Brevard County experience is that any governmental entity in the
County is subject to a cap.
Commissioner Saunders advised that the Brevard County experience
involves a special act of the Legislature that prohibits increases in
ad valorem tax revenue above a certain percentage from one year to
another unless there is a referendum of the voters. He said that the
County has come up with ingenious ways to avoid that with a complex
system of municipal service taxing units. He mentioned another
problem is by setting up a referendum requirement or something that is
binding on the Sheriff's Office puts the County into the law enfor-
cement business. He said, for example, the Sheriff is mandated by
State law to have a certain number of 3ail keepers per inmate and it
will be very difficult for the County to limit his ability to do so.
County Attorney Cuyler stated he spoke with the County Attorney
from Brevard County, who was not in favor of the cap because the
MS~I]'s were not being formed to enhance services, but to provide reve-
n~e for normal ongoing services that the County did not have the abt-
lity to provide.
000 266
Page 58
January 8, 1991
Commissioner Hasse suggested that all Constitutional Officers
including the School Board be advised very forcefully that Collier
Co~ln~ has a problem. He said it is important to reach beyond the
Bo&rd to take a hard look at what is being done within each entity of
County government.
Conuaisstoner Saunders again suggested that this item be delayed
fo~ 30 to 45 days, to allow him and the County Manager to meet with
the Constitut~onal Officers wfth regard to the current situation
~nvolv~ng revenues for 1991. He suggested that the County Attorney
also help in determining what can be done in terms of limiting ad
valorem taxes.
Commissioner Shanahah stated his position that there is no doubt
a~nding and taxes must be placed under control. He said increases
next ~ear should relate to cost of living and real growth only, and
that goal and ob~ective should be established at the outset. He
agreed wholeheartedly with Commissioner Saunders that ad valorem taxes
shotlld be limited.
Commissioner Goodnight communicated that this ¥ear's Legislative
Session will discuss placing much of the responsibility now being
carried by the State onto County government. She said if that hap-
l~ens, the Counties must be there to tell the State that County
govel-n~ent needs to have the money or it cannot be done. She
stated this Board needs to be very informed with what is going on
during the Session, and someone will need to be available on
short notice to represent Collier County to its legislators.
George Keller stated his appreciation of what the Board of County
Comm~ssioners is attempting to do to control increases on ad valorem
taxes. He said the public will agree to increases based on the per-
centages of actual new construction put on the tax rolls plus the
inflation rate.
Richard Loeber stated he has not yet heard dtscussfon regarding
the dramatic swing in tax bills for Individuals caused by reassessment
each year. He said it is fine to limit overall ad valorem receipts,
Page 59
January 8, 1991
~t ~f there ks no apecif~c individual limitation for existing pro-
pertF owners, many individuals will be faced with much higher
~ncreases every year.
Commissioner Saunders commented that the Board of County
Commissioners has done everything possible to prevent increases in
reassessments on Individual properties by passing a resolution to that
effect. He said the problem being faced by the Board of County
Commissioners is Collier County has an independent property appraiser
who ks required by the State of Florida's Constitutional Law to assess
property on the first of each year at the rate of 100% of value. He
reported the Board cannot do anything to stop that, however, It can
e~'prees its concern. He said that has been done by passing the reso-
lution supporting the Save Our Homes petit/on as well as urging
Collier Count~'s Legislative Delegation to do everything it can with
the problem.
Commissioner Saunders clarified for Commissioner Volpe that the
cap he is referring to will specifically say that the cap will not
Include new properties going on the tax rolls and there may be an
adjustment for the cost of inflation. He said Mr. Loeber and his
T~payer Action Committee need to appear before the School Board and
urge them to take the same steps.
Mr. Loeber indicated he has been considering approaching the
School Board. He mentioned as a final aspect of discussion, that a
substantial portion of the millage for the School Board is State
generated. He mentioned his concern as to whether assessments, County
by Coun%~ and State-wide, are consistent because if other Counties are
not assessing at as high a value, Collier County citizens may be
paying a disproportionate share.
Comisstoner Saunders stated there is ongoing investigation into
that ~ssue. He added that Collier County is fortunate to have a very
good Property Appraiser who makes sure that he is complying with the
000 , 265
Page 60
January 8, 1991
see ~.. 3:50 P.N. - Reconvened: 4:00 P.M. at which
t/mm Deputy Clerk Arrtghi replaced Deputy Clerk Guevin ''*
l~O~llFl~Oll 91-19 ~ABLISHING A "NO PARKING ZONE" IN TH~ VICINITY OF
Transportation Services Administrator Archibald explained that
this item involves a portion of C.R. 29 at the northern edge of
Chokoloskee where there is a traffic related problem at a boat ramp.
He informed that at this point there is a curve to the road and, with
the n~ber of cars parked there, a hazardous sight distance con-
dition has been created. He noted that not only has this resulted in
a number of accidents, but the amount of parking in the area makes it
necessar~ to have periodic repairs done to the shoulders of the road.
He stated that the solution is to create a no-parking zone along the
road right-of-way. He specified that the proposed resolution which
has been reviewed by the County Attorney's office will provide for a
no-parking zone on both sides of C.R. 29 in the problem area.
~stoner Shanahah ~oved, seconded by Com~tssioner Volpe and
~~ ~ly, that Resolution 91-19 be adopted.
0 269
Page 61
January 8, 1991
Zte~ ~121
~E~;OX~rXOil 91-20 REAPPOX~XN~ DR. THERON TRZMBLE AND APPOINTING I~R.
~L~I~ ~ .~ MEMBERS TO THE LIBRARY ADVISORY BOARD - ADOPTED
Sue Filson, Administrative Assistant, explained that two terms of
the Library Advisory Board expired on December 31, 1990, which were Dr.
Trtsble who represented District 3 and Ms. Mills who represented
District 1. She said a press release was Issued acknowledging these
openings and added that both members are ellDlble for reappointment as
has been recommended by the Library Director.
Commissioner Shanahah made a correction to the list of names pre-
sented by noting that, if appointed, Marlene HodDe would represent
District 4 and Walter C. Pearson would represent District 1.
C~io~r SlythebanS0 seconded by Commissioner Hasse and
c~tNm~d~ously, to approvm the appointsent of Walter C. Pearson
o~ Dtw~rlct 1 ~nd ~sppotntm~nt of Dr. Theton ?risble of District 3 to
~ m~ ~ of the Library Advisory Board for a four year term,
~p~ o~ ~ $1, 1994.
000 272
Page 62
Sanusry 8, 1991
91-21 R~APPOINTING MR. FREDERIC HUBBARD AND APPOINTING MR.
~, MS. VICKI CLAVEL0 AND MR. GARY WRAGE AS MEMBERS TO THE
_~ICAL SEKV~CES ADVISORY COUNCIL - ADOPTED
Sue Filson, Administrative Assistant, explained that a total of
four Board members need to be appointed by the Board and confirmation
made by the Board for the appointments made by the City of Naples, the
Health Department, the $heriff's Department, and Naples Community
Hospital. She pointed out that Frederic G. Hubbard is recommended for
reappointment. She noted this Advisory Committee has been increased
from five to seven members with five of the members representing the
districts and two at large.
Commissioner Goodnight pointed out that Mark Strain is a member of
a number of Advisory Boards and therefore is not eligible for this
Board under the Advisory Board Policy. She recommended that Gary
Wrage be considered for the Board as a representative of District 5.
Commissioner Saunders responded to the discussion on whether Mr.
Wrage's resume was received too late to consider by stating that the
Board of County Commissioners has never been stringent on the filing
period and sees no problem in accepting the application.
In response to Commissioner Volpe, County Attorney Cuyler stated
that a report will be provided shortly regarding the advisory commit-
tees ordinances.
C~dutoneT ~hanahan~oved, seconded by Commissioner Hasse and
C~XTt~~i~ou~ly, to approve the reappointment of Frederic G.
Nlab~ of Dt~rict 1 and the appointment of David Bush of District 2,
Vicki &. Clmlo of District 3, and Gary Wrage of District 5 to serve
u ~ of the E~erg~ncyMedtcal Services Advisory Council.
Ms. Ftlson Indicated that she would have to check to be sure that
the list provided are the members appointed by the four other agen-
cies.
Page 63
January 8, 1991
I;~'oR d~l~B
AIJRB~J~3rT ~ THE BOARD AND THE SHERIFF'S OFFICE FOR GROUNDS
Co~missioner Volpe pointed out that he would like to see a dollar
amount indicating how much would be expended under this contract.
Skip Camp, Facilities Management Director, reported that during FY
89-90 $39,354 was spent for day labor, and this year to date $19,283
has been spent for day labor. He explained that the cost of grounds
maintenance can be reduced by approximately $7,200 by using weekend
labor in~ates, adding that transportation has pledged a savings of
$20,000 by using weekend labor inmates.
Transportation Services Administrator Archibald stated that the
prisoners will be used for litter pickup and some drainage activities
as well as separating of sign materials at the road and bridge faci-
lity. He explained the funds available would be allocated to the
Sherlff's Department in order to subsidize his activities in per-
forming this work. He noted that the intent of this agreement is to
have the prisoners do some activities for which the Shertff's
Department would be paid and, with this payment, the Sheriff could sub-
sidize some of his costs. He pointed out that this would become a
revenue source for the Shertff's Department.
Commissioner Goodnight clarified that this would be saving money
because transferring $20,000 from Transportatton's budget to the
Sheriff's budget would mean $20,O00 not being taken from ad valorem.
Assistant County Manager McLemore pointed out that this transfer
of funds would eliminate the need to find an additional $20,000.
Finance Director Yonkosky affirmed that this transaction will be
an accounting entry for credit to the Shertff's Department, and it
will save money by not having to go to outside vendors for the same
service. He explained that funds will stay within the County.
Commissioner Shanaham stated that he has a concern regarding the
liability of these prisoners. Gall Addison of the Shertff's
Department reported that the Sheriff has liability insurance to cover
Page 64
January 8, 1991
any accident. She clarified that the Board is funding the medical
coverage as required by the Statutes. Mr. Camp affirmed that the
liability insurance has been reviewed and approved by Risk Management.
In regards to the grounds maintenance, Mr. Camp acknowledged that
$?,200 will not be requested from Facilities' budget, but rather will
be credited to the Sheriff's budget.
County Attorney Cu¥1er commented that this is a paper transfer
within the County rather than paying an outside contractor.
In answer to Commissioner Hasse's concerns, Mr. Camp detailed what
the prisoners would be doing and the type of equipment which the
County owns that would be provided for them, and pointed out that they
would be supervised by the Sheriff's department.
Ms. Addison responded to Commissioner Volpe's question by stating
that the average number of people available from the prison is fif-
teen, and they work from 8:00 A.M. to 5:00 P.M. on Saturday.
Co~tuloner Shanahall moved, seconded by Commissioner Hasse and
~S~~nly, to a~rove the a~eement and the ~ubsequent
Page 65
January 8, 1991
PLANT MAINTENANCE IN BUILDING "L" ATRIUM TO BE ADDED TO
~ CONTRACT - AND FUNDED FROM COURT ADMINISTRATOR'S
Assistant County Manager McLemore informed that this item is a
req%lest for a maintenance contract for the plants in Building L, and
specified that the requested amount of $3,775.00 be funded from the
general fllnd reserves. He explained that funding for maintenance
contracts are normally funded from department's existing budgets not
the general fund.
Commissioner Goodnight pointed out that this is a new building and
this maintenance may not have been budgeted for.
Co%;/%ty Manager Dotrill suggested that the Court Administrator find
the funding within their existing budget.
Commissioner Saunders suggested that this item be continued for a
week so this ~ssue can be reviewed.
~s~ Vol~ moved, seconded by Co~issioner Sh~ ~d
~~ 4/~ (Cmissioner Sanders opposed), to re~ire the Court
~~ator to ~d the ~inten~ce contract from their existing
Ita tlSC
~~ OF ~S~I~ ROBERT BU~S AS PROJECT DIRECTOR FOR
~ ~~ ~G ~~ ~ E~ORC~/~P~HENSION G~S -
~m~tssloner Shanahah moved, seconded by Commissioner Saunders and
caxT~z~ni~a~l¥, to approve the appointment of Robert Burhans as
PToJe~ Dtrm~tor for the ongoing Treatment Grants.
C~m/sstoner Saunders moved, seconded by Commissioner Shanahart
~ =~XTIed unanimously, that the following items under the con-
· ~nt a9wnda be approved and/or adopted:
Xtem
~ATE~FA~XLXTXK$ FOR LELY R~SORTS, PHASE I, SYSTEM WATER CONNECTION
FOR ~NTRANCK$ TO C.R. 951 & U.S. 41 - WITH STIPULATIONS
2e
The water facilities to serve the project cannot be placed
into service and no Certificate of Occupancy shall be issued
until the Florida Department of Environmental Regulation fur-
nishes a letter approving the water distribution system for
service.
Bacteriological testing has met the County's requirements.
Page 66
OR Book/~ 0 ~ Pages /~'~/i~ '~ //-/~
~ I~.~T OF "MONTCLAIR PARK NORTH" - WITH STIPULATIONS
January 8, 1991
Accept the Construction, Maintenance and Escrow Agreement as
security to guarantee completion of the subdivisfon improve-
ments.
Authorize the recording of the Final Plat of "Montclatr Park
North."
Authorize the Chairman to execute the Construction,
Maintenance and Escrow Agreement.
No Certificates of Occupancy to be granted until the required
Improvements have received preliminary acceptance.
See Page.~ ~ 9~ -- 301
FOR ~XCAVATION PERMIT NO. 59.398 #SAND RIDGE CENTER (A.K.A.
RI~tEI~ ~HOPPING CENTER)", LOCATED IN SECTION 22, TOWNSHIP 48
See Page5 30 ~ - 30 ~
Itm J14&4
WATER ~ ~ FACILITIES FOR SO--PORT ON ~E BAY, UNIT II, AT LELY
~ ~ - ~ STI~TIONS
The water and sewer facilities to serve the project cannot be
placed into service and no Certificate of Occupancy shall be
issued until the Florida Department of Environmental
Regulation furnishes a letter placing the sewer system into
service and approving the water distribution system for ser-
vice.
Bacteriological testing has met the County's requirements.
The Fire Flow requirements of the project have been satisfied
and the Pire District furnishes a letter accepting ownership
and maintenance of fire hydrants.
OR Book /~ a~ Pages
Item~14A5
I~ESOL~TION 91-22, GRJ~ITTING PRELIMINARY ACCEPTANCE OF THE ROADWAY,
WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF
"SOt~T~PONT ON THE BAY, UNIT TWO" - WITH STIPULATIONS
Accept the Escrow Agreement (posted with the Clerk) as
security for maintenance of the infrastructure until the
Board of County Commissioners grants final acceptance of all
improvements.
Prelfminary acceptance of Improvements will not become effec-
tive until water and sewer facilities have been conveyed to
Collier County Water-Sewer District.
See Page 30~
Page 67
January 8, 1991
~"UI~IT~FOR SITE IMPROVEMENTS TO SDP-90-177 "BROOKSIDE MARINA"
LOCATED IN SECTION 2, TOWNSHIP 50 SOUTHt RANGE 25 EAST
See Page5 ,~'~"' ..,~O&
SEWER FORCE MAIN FACILITIES FOR HOME DEPOT, U.S.A. -
~!~P~LATIO!~J
The water and 6" sewer force main facilities to serve the
project cannot be placed into service and no Certificate of
Occupancy shall be issued until the Florida Department of
Environmental Regulation furnishes a letter authorizing the
placement of the sewer system Into service and approving the
water distribution system for service.
2. Bacteriological testing has met the Count¥'s requirements.
The Fire Flow requirements of the project have been
satisfied, and the Fire District furnishes a letter accepting
the fire hydrant for ownership and maintenance.
OR Book 1597 Pages 260-273
It~#14A8
I~E~OL~IO!~ 91-23, AUTHORIZING EXECUTION OF CONTRACTS BETWEEN COLLIER
~AND LANDLORDS WHO RECEIVE RENT SUBSIDIES FROM COLLIER COUNTY
· E~TION 8 HO~IN~ P~OGRAM
Se. Page, JO 30 F
R~SOL~]TION 91-24, APPROVING REVISIONS TO THE ADMINISTRATIVE PLAN FOR
OOLLI~ ~'S SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM
SeePage
Item
~~Y ST&T~ ~EPORT ~R ~ S~L CIXIES CO~I~ D~L0~
~ ~ ~ D~OR TO SY~ TO S~MIT ~ RE~RT TO ~E ~0RIDA
~~ OF C~I~ ~AIRS ~ J~Y 15, 1991
See Pages
It~ ~1~1
~ ~T OF ~~D ~IT 0~' - WITH STI~TIONS
Accept the irrevocable letters of credit (2) as security to
guarantee completion of the Subdivision improvements.
Authorize the recording of the final plat of "Briarwood Unit
One".
Authorize the Chairman to execute the attached Construction
and Maintenance Agreement.
That no Certificates of Occupancy be granted until the
required improvements have received preliminary acceptance.
See Pages 37/- 3 7~
0oo 286
Page 68
January 8, 1991
It~m~14B1
EASEM~ AGREEMENT AND ACCEPTANCE OF A CONVEYANCE FOR RIGHT-OF-WAY
ACQUISITION NECESSARY TO THE DESIGN OF C.I.E. PROJECT NO. 022
(EX~ENSION OF SANTA BARBARA BOULEVARD) FOR PART OF TRACT 28, UNIT
NO. 34~ GOLDEN GATE ESTATES
Item #14B2
See Page~
EASEMENT AGREEMENT AND ACCEPTANCE OF A CONVEYANCE FOR RIGHT-OF-WAY
ACQUISITION NECESSARY TO THE DESIGN OF C.I.E. PROJECT NO. 022
(EXTENSION OF SANTA BARBAPJ% BOULEVARD) FOR THE SOUTH 150 FEET OF
TRACT 2?, UNIT 34, GOLDEN GATE ESTATES
See Page~ ~~--
Item #14B3
NEW T-HANGAR LEASE AGREEMENT BETWEEN COLLIER COUNTY, A POLITICAL
S~IBDi~SION OF TH]~ STATE OF FLORIDA, AND MARVIN D. COURTRIGHT, FOR THE
UTILIZATION OF T-HANGAR SPACE AT THE EVERGLADES CITY AIRPORT
Item #14B4
See Page~ ~" ~7
RESOLUTION 91-25, AUTHORIZING THE ACQUISITION OF RIGHT-OF-WAY REQUIRED
FOR THE CONSTRUCTION OF ROAD, UTILITY AND DRAINAGE IMPROVEMENTS TO
IMMOEALEE ROAD (CR-846), FROM US-41 TO INTERSTATE 1-75 (CIE NO. 006),
AND TO GRANT PROJECT AUTHORITY TO THE COUNTY ATTORNEY AND THE
TRANSPORTATION SERVICES ADMINISTRATOR TO EXPEDITE RIGHT-OF-WAY
ACQUISITION AND CONSTRUCTION
See Page~ __~ ~;' ~ZZ
Item #14B5
R~SOLUTION gl-26, AUTHORIZING THE ACQUISITION OF RIGHT-OF-WAY IN FEE
SIMPLE REQUIRED FOR THE CONSTRUCTION OF ROAD, UTILITY AND DRAINAGE
IMPROVEMENTS TO WESTCLOX STREET, FROM SR-29 TO CARSON ROAD, AND TO
CARSON ROAD, FROM WESTCLOX STREET TO IMMOKALEE DRIVE
See Page5 .~' ~ ?~
Item #14B6
RE~.OLUTION 91-2]', AUTHORIZING THE ACQUISITION OF RIGHT-OF-WAY VIA
PERP.%"~UAL EASEMENTS REQUIRED FOR THE CONSTRUCTION OF ROAD, UTILITY AND
DRAII[AGE IMPROVEMENTS TO WESTCLOX STREET, FROM SR-29 TO CARSON ROAD,
AND TO CARSON ROAD, FROM WESTCLOX STREET TO IMMOKALEE DRIVE
See Page~ ~&" ~(~ ~
Item #14C1
FUNDING OF $?50.00 TO THE COLLIER YOUNG AUTHOR'S CONFERENCE AND
$1,000.O0 TO THE NAPLES YOU~H SOCCER FROM THE FY 91 DISCRETIONARY
CON~T~ACT AGENCY FUNDING PROGRAM
Item #14C2
RESOLUTION 91-28, RECREATING THE INFORMATION AND REFERRAL BLUE RIBBON
TASK FORCE~ PROVIDING A ONE YEAR TERM, AND APPOINTING CURRENT MEMBERS
See Pages
287 Pa~je 69
January 8, 1991
RESOLUTION 91-29 AND CW~ 91-1, DESIGNATING THE PROPOSED "NORTH COUNTY
REGIONAL MAWR TREATMENT FACILIT~f - PHASE I" AND RELATED WATER
PROJ~'~i"~ AS COLLIER COUNTY'S TOP PRIORITY CAPITAL IMPROVEMENTS
See Page
Item ~14D2
ADDIqIlXlg NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH POST, BUCKLEY,
SCHN]~ & JERNIGAN, INC. FOR GRANT ADMINISTRATION/MANAGEMENT ASSISTANCE
FOR SOUT~ coowrY REGIONAL WASTEWATER FACILITIES, PHASE I, AND INCREASE
TH~ FU~DIN~ AUTHORIZATION FOR THE AGREEMENT TO A NEW NOT-TO-EXCEED
ANO~ OP ~14Q~9_000
See Pag
Item ~14D3
Tht~ Item ha~ been deleted.
It~ ~14D4
BID NO. 91-1665 FOR THE INSTALLATION OF (1) HIGH SERVICE PUMP AND
MI$C~IJa~L~{~)U$ Ill'FLUENT AND EFFLUENT PIPING AWARDED ~9 HAHN
CONSTI~.,'TION IN ~ AMOUNT OF
Item #14D5
FUR~E OF A REPLACEMENT VEHICLE FOR THE S}~LALL METER CHANGE-OUT
PRO(~N~%M F~OM BOB TAYLOR IN THE AMOUNT OF $3,063.90 AND USING EXISTING
VEH/~E AS TRADE-IN
Item ,14D6
FORIW[AL BID PROCESS WAIVED AND CONTRACT FOR EMERGENCY WELL REPAIRS VIA
~C]~SE ORDER TO MISSIMER & ASSOCIATES, INC. FOR AN AMOUNT NOT TO
Ex~ $17,ooo.o99 .........................................................
See Page ...... ~_~_~ ....................
Item #14D7
MAT~ A~D S~ FACILITIES AGREEMENT WITH RANDALL BOULEVARD CENTER
DEVELOPER, DONALD CANNAN
Itm #14D8 - Moved to Item #9D1
Itm#14E1
LI'KI~ USE LICENSE AGREEMENT BETWEEN COLLIER COUNTY, A POLITICAL
SUBDI~SION OF THE STATE OF FLORIDA, AND THE ART LEAGUE OF MARCO
ISLAND, INC., A NONPROFITFLORIDACORPORATION, FOR THE PURPOSEOFARTS
AND CRAFTS SHOWS
see g '-g / ¥ I-7- .............
Item ~14K2
AMF_,~12MENT TO LEASE AGREEMENT BETWEEN GULF GATE SOUTH, A FLORIDA
PARTNERSHIP, AND THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,
FLORIDA, WHICH PROVIDES FOR THE SHERIFF'S OFFICE USE OF UNITS 17 AND
18 IN THE GULF GATE SOUTH COMPLEX
January 8, 1991
See PaGe5 ~-/~--
Xfer ~14B3 - ~ to Item
Itc ~14E4
R~OLUTIO~ 91-30, AUTHORIZING THE EXECUTION OF THE UTILITY EASEMENTS
TO ~IDA ~R · LIGHT CO~A~ AND FLORIDA CITIES WATER COMPA~
CO~I~G ~E ~ GOLDEN GATE E~:RGENCY SERVICES COMPLEK LOCATED ON A
Ira e14F2
IIFTEP3,O~AL AGRE.~q~I'S WITH NORTH NAPLES FIRE CONTROL AND R~SCUE
DISTRICT, I~RCO ISLAND FIRE COBOL DIS~ICT, CI~ OF NAPLES, ~STE~
~Y ~OL~E~R ~~CE SERVICE, INC., A~ EAST NAPLES FIRE
~L ~ ~S~ DIS~ICT FOR AN' EMS MATCHING G~ FOR ~ EXP~ED
~I-A~TIC DEFIBRILMTOR PROGR~ ~D LAERDAL ~DICAL RECOGNIZED
Its #liO1
FOR MATKIt MANAGKMKNT OPKRATING FUND 110
Ite~ #14H1
~ ~ TO R~DUCK HE I~ESERVES IN ~ 318, ~CO IS~
~ ~l~r IN ~ ~ OF $40;000.00
Item ~14H2
~ ~ TO R~DUC~ THE RESER~S IN ~ND 304, 1981
~I~~D ~ I~RO~ CIP, IN THE ~O~ OF $1~,000.0~ .......
~L~ION 91-31 RE~O~NDING TO ~E GO~RNOR THE REAPPOI~ OF
J~ W. SPI~S ~ RICED JO~SON AND APDIK~NT OF J~S Z.
Its ~14J1
~~l~ ~ ~~ION To HE T~ ROLLS AS PRESE~D BY ~
NO. 148
NOs. 150/158
99O
Dated 12/18/90
Dated 12/37/90-12/20/90
TANGIBLE PER!;ONAL PROPERTY
1990
Page 71
January 8, 1991
~os. 56/57
~0~. 59
Dated 12/18/90
Dated 12/21/90
~TI~I~TION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER
~ ~ Tlq~ FOR INMATE NOS. A#24883, A~66878
MI~ CONI~ESPONDENCE - FILED AND/OR REFERRED
The following miscellaneous correspondence was filed and/or
referred to the various departments as indicated below:
Final Order Closing File dated 12/20/90 from State of Florida
before the Administration Commission; re Case No. ACC90-012,
(DOAH NO. 89-1299GM), Department of Commtinity Affairs versus
Collier County, Antaramiam Development Corporation and
McAlpine (Briarwood), Inc. xc: Nell Dotrill, Ken Cuyler,
and filed.
Letter dated 12/8/90 to Chairman Hasse from Jim Giles, Clerk
of Courts; re 1990-91 Ad Valorem Taxation Report. xc:
Filed.
3 o
Memo dated 12/1]/90 to Board of County Commissioners from
Debbie Arkins, Tax Deed Clerk; re Tax Deed Sale 12-7-90.
xc: BCC and filed.
Memo dated 12/11/90 to Board of County Commissioners from
Debbie Arkins, Tax Deed Clerk; re Tax Deed Sale 12-13-90.
xc: BCC and filed.
Copy to Board of County Commissioners of letter dated
12/20/90 to Mrs. Carol McCallum, Florida Department of Law
Enforcement, Administrative Services Bureau; from Susan M.
Usher, CPA, Senior Accountant/Deputy Clerk, Collier County,
Clerk of the Circuit Court; re quarterly report of activity
within the Confiscated Property Trust Fund. xc: Filed.
Memo dated 12/27/90 to Board of County Commissioners from
Debble Ark]ns, Tax Deed Clerk; re Tax Deed Sale 12/20/90.
xc: Filed.
Copy to Board of County Commissioners of letter dated 12/4/90
to Secretary Robert Mosbacher, United States Department of
Commerce; from Congressman Tom Lewis, regarding Immokalee
Airport Industrial Park Improvement Project, Collier County,
Florida, Economic Development Administration Grant
Application. xc: Nell Dotrill, Bob Fahey, Keith Kipp, and
f~led.
8o
Letter dated 12/]1/90 to Chairman Max A. Hasse, Jr. from
Maxine T. Kendrick, Senior Management Analyst, State of
Florida, Department of Administration, Division of
Retirement, re compliance of the Collier County Commission's
retiremerit and social security coverage with the Florida
Statutes, associated rules, and agreements. xc: Filed.
Letter dated 12/9/90 to Chairman Max A. Hasse, Jr. from
Robert G. Nave, Director, Division of Resource Planning and
Page 72
10.
11.
12.
13.
14.
15.
16.
17.
18.
January 8, 199~
Management, State of Florida, Department of Community
Affairs, re the review of the proposed comprehensive plan
amendment for Collier County and the Department's Objections,
Recommendations and Comments Report. xc: BCC, Neil Dotrill,
Bill Lavetry, Frank Brutt, and filed.
Letter, not dated, to Chairman Max A. Hasse, Jr. from Robert
G. Nave, Director, Division of Resource Planning and
Management, State of Florida, Department of Community
Affairs, re informal hearing on Friday, January 4, 1991 for a
petition from Sewell Corkran challenging the Adequate Public
Facilities Ordinance and its inconsistency to the Collier
County comprehensive plan. xc: Neil Dorrill, Frank Brutt,
Bob Blanchard, and filed.
Rulemaking notices dated 11/21/90 from Florida Department of
Environmental Regulation. xc: Nell Dotrill, Frank Brutt,
Bill Lorenz, and filed.
Letter dated 12/12/90 to Chairperson, Collier County, Board
of County Commissioners; from Trudte D. Bell, Environmental
Supervisory, Wetland Resource Regulation, State of Florida,
Department of Environmental Regulation; re File No. 111901439
Board of County Commissioners Involving dredge and fill acti-
vities. xc: Neil Dotrill (letter), Frank Brutt, George
Archibald, and filed.
Letter dated 12/17/90 to Chairman, Collier County Board of
County Commissioners; from Jon M. Eglehart, Environmental
Specialist, Florida Department of Environmental Regulation,
South District, re Collier County - WRR, File No. 111902835.
xc: Neil Dorrill, Frank Brutt, Bill Lorenz, and filed.
Letter dated 12/18/90 to Chairman, Collier County Board of
County Commissioners; from Jon M. Eglehart, Environmental
Specialist, Florida Department of Environmental Regulation,
South District, re Collier County - WRR, File No. 111903025.
xc: Nell Dotrill, Frank Brutt, Bill Lorenz, and filed.
Letter dated 12/17/90 to Sir or Madam from Mickey D. Bryant,
Administrative Intergovernmental Coordinator, Division of
Water Management, Florida Department of Environmental
Regulation, re transmittal letter for the FY92 Preliminary
Public Works Program. xc: Nell Dotrill, George Archibald,
Frank Brutt, and filed.
Letter dated 12/12/90 to Commissioner Max A. Hasse, Jr. from
Jane Polkowski, M.D., M.P.H., Public Health Unit Director,
State of Florida Department of Health and Rehabilitative
Services, re transmittal letter for the HRS Collier County
Public Health Unit's year end Contract Management Report of
activities and expenditures for 1980-1990. xc: Filed.
Letter dated 12/11/90 to Collier County Board of County
Commissioners from Tony D. McNeal, Engineer, Bureau of
Coastal Engineering and Regulation, State of Florida
Department of Natural Resources, re Request for Public
Comment, File Number: CO--287, Applicant: Eino and Vivian
Keerd. xc: Nell Dotrill, Frank Brutt, Bill Lorenz, and
f~led.
Letter dated 12/14/90 to Collier County Board of County
Commissioners from Tony McNeal, Engineer, Bureau of Coastal
Engineering and Regulation, State of Florida Department of
Natural Resources, re Request for Public Comment, File
Number: CO-278, Applicant: Richard E. and Pau]ine P.
Kltngler. xc: Nell Dotrill, Frank Brutt, Bill Lorenz, and
filed.
000P 291 Page 73
January 8, 1991
19.
20.
21.
22.
23.
24.
25.
Copy to Board of County Commissioners of letter dated
12/20/90 to Mr. Martin Pinkhey, Anchor Engineering; from Tony
D. McNeal, Engfneer, Bureau of Coastal Engineering and
Regulation, State of Florida Department of Natural Resources,
re Notice to Proceed Withheld, Approval of Governor and
Cabinet Permit: CO-244, Permittee's Name: Marco Island
Beach Association, Inc. Kc: Harry Huber, Neil Dotrill, Tom
Conrecode, and filed.
Letter dated 12/12/90 to Board of County Commissioners'
Chairman from R. L. Lassetter, Mu]tt-Modal Programs, Florida
Department of Transportation; re UMTA Section 16(b)(2) Grant
Programs. xc: Nell Dotrill, George Archibald, and filed.
Respondent Collier County's Motion in Opposition/Motion to
Dismiss Third Amended Petition of Sewell Corkran and November
30 Additions thereto dated 12/19/90 from State of Florida,
Division of Administrative Hearings, re Case No. 90-4544GM,
Sewell Corkran versus Collier County and Department of
Community Affairs, and Case No. 90-4545GM, The Citizen's
Political Committee, Inc., and James K. Kessler versus
Collier County and Department of Community Affairs. xc:
Nell Dotrill and filed.
Letter dated 12/11/90 to Chairman, Board of County
Commissioners from Senator Sherry D. Walker, District 5, re
proposed bt]ls on Hazardous Waste Facilities. xc: Neil
Dorrill, Bob Fahey, and filed.
Memo dated 12/10/90 to Parties of Record from Teresa Tinker,
Acting Policy Coordinator, Executive Office of the Governor,
Growth Management and Planning Policy Unit, re Collier
County's Local Comprehensive Plan. xc: Nell Dotrill, Ken
Cuyler, and filed.
Letter dated 12/7/90 to The Board of County Commissioners
from Sandra J. Weinstein, International Operations, Barnett
Bank of South Florida, N.A., re Letter of Credit Number:
037-LC-375300, Amount: USD123,938.10, Date of Issue:
06/08-1990, Account of: Naples Road Building Corp., Final
Expiration Date: 02/15/1991. xc: Stephanie Smith, Project
Review, and flied.
Memo, not dated, to Properties to receive new walkovers from
Frank Blanchard, President, Marco Island Beach Renourishment
Advisory Committee, requesting support for the walkover
design. xc: BCC and filed.
26. Minutes Received and Filed:
ao
Marco Island Beachfront Renourtshment Advisory Committee
minutes of 12/5/90 and agenda of 3anuary 2, 1991.
B0
Information and Referral Blue Ribbon Task Force
Committee agenda of 1/24/91 and minutes of 11/29/90.
Southwest Florida Delegation Beach and Inlet
Preservation Committee transmittal letter dated 12/7/90,
minutes of 11/19/90, and RFP No. 90-1.
Do
CCPC agenda of 12/20/90 and 1/3/91 and minutes of
10/18/90 and 11/1/90.
Collier County Parks and Recreation Advisory Board
agenda of 12/27/90 and minutes of 11/28/90.
Ochopee Fire Control District Advisory Board Minutes of
11/13/90.
Page 74
January 8, 1991
27.
28.
29.
30.
31.
32.
33.
34.
35.
Collier County Homeless Advisory Committee agenda of
1/9/91 and minutes of 12/13/90.
Marco Island Beauttftcatton Advisory Committee minutes
of 12/4/90.
Notice to Owner to BCC dated 12/11/90 from Dura Floor, Inc.
D/B/A, Dura Bond Co., advising that they have furnished Dura
Quartz Flooring and other related services for the North
County Regional Waste Water Treatment Plant, under an order
given by Mtlmfr Construction. xc: Steve Carnell, John
Yonkosky, and filed.
Notice to Owner to BCC dated 12/17/90 from Saf-T-Green of Ft.
Myers, Inc., advising that they have furnished rental equip-
ment for Collier County Court House, under an order given by
Service Painting of Florida. xc: Steve Camell, John
Yonkosky, and filed.
Notice to Owner to BCC dated 12/18/90 from Ferguson
Underground, advising that they have furnished pipe, valves,
and/or fittings for installation in the water and/or sewer
system for the S.R. Davis Blvd. improvements at Davis
Blvd., Collier County, under an order given by Harper
Brothers, Inc. xc: Steve Carnell, John Yonkosky, and
filed.
Notice to Owner to BCC dated 12/26/90 from Blanca L. Moll,
Acoustt Engineering Company of Florida, advising that they
have furnished labor, materials, acoustical ceiling for the
improvements at Golden Gate EMS Bldg., under an order given
by W. G. Mills, Inc. xc: Neil Dorrill, John Yonkosky, Steve
Camell, and filed.
Notice to Owner to BCC dated 12/21/90 from Robert L.
Johnston, Hertz Equipment Rental Corporation, advising that
they have furnished general equipment rental for the improve-
ments at Lely Barefoot Beach, under an order given by Energy
Resources. xc: Neil Dotrill, John Yonkosky, Steve Camell,
and filed.
Notice to Owner to Golden Gate Fire and Rescue District and
Collier County Board of County Commissioners dated 12/21/90
from Seacoast Supply, advising that they have furnished
interior wallboard, exterior stucco systems and all related
accessories, for the improvements at Golden Gate Fire sta-
tion, under an order given by Hampton Construction. xc:
Nell Dotrill, Steve Camell, John Yonkosky, and filed.
Notice to Owner BCC dated 12/18/90 from Richard Electric
Supply, Inc., advislng that they have furnished electrical
supplies, for the improvements at Collier Health Service
Bldg., under an order given by Leitner Electric Co. xc:
Nell Dotrill, Steve Camell, John Yonkosky, and filed.
Notice of Public Hearing by the BCC re consideration of
Petition CCSL-90-12, filed by Westinghouse Communities of
Naples, Inc. and the Board of County Commissioners,
requesting a seventy foot variance from the Coastal
Construction Set Back Line. xc: BOO and filed.
Order Establishing Cost of Debt, Revenue Requirement, Final
Rates, and Refunds, dated 12/7/90 from Steve Tribble,
Director, Division of Records and Reporting, Florida Public
Service Commission, re application of Marco Island Utilities
for a rate increase, Docket No. 850151-WS, Order No. 23841.
xc: Neil Dotrill, Mike Arnold, and filed.
U 000 ~AC~£293 Page 75
36.
37.
38.
39.
40.
41.
42.
January 8, 1991
Order Suspending Proposed Rates and Granting Interim Rate
Increase Subject to Refund, dated 12/]l/'90 from Steve
Trlbble, Director, Division of Records and Reporting,
Florida Public Service Commission, re application for a rate
increase in Collier County by Marco Isi~rtd Utilities and
Marco Shores Utilities, etc., Docket No. 900329-WS, Order No.
23860. xc: Neil Dorri]l, Mike Arno]d, and filed.
Notice of Rulemaking dated 12/14/90 fr~gra Steve Tribb]e
Director, Division of Records & Reporting, Florida Public
Service Commission, re adoption of rule 25-6.0183, pertaining
to Electric Utility Procedures for Generating Capacity
Shortage Emergencies, Docket No. 900071 -EG, Order No. 23886.
xc: Filed.
Preliminary Public Works Program for FY ]992 Report ~]ated
10/1/90 from Dale Twachtmann, Secretary, Florida Department
of Environmental Regulation, re R~ver & Harbor, Flood Damage
Prevention, Shore Protection, Environmental Restoration &
Enhancement. xc: Filed.
Annual C.P.A. Audit dated 12/21/90 to Chairman Max A. Hesse
from Mark Halligan, Controller, Southwest Florida Regional
Planning Council. xc: Nell Dor~i]l, 3ohn Yonkosky, and
filed.
Twentieth Judicial Circuit In and For the State of Florida,
Collier County, Order dated ]2/11/90, £rom Thomas S. Reese,
Chief Circuit 3udge, re implementation of Florida Clean
Indoor Air Act. xc: Neil Dotrill and filed.
Twentieth 3udicial C~rcuit In and For Collier County,
Florida, Notice of Voluntary Dismissal, dated 12/t3/90, from
Donald P. Day, Esquire, Law Offices of Jerry Berry, P.A. ,
Attorneys for Plaintiffs, re Pamela G. 3ohnson and Buck
Flowers versus Mary Morgan, Supervisor of Elections and
Collier County Canvassing Board, Case No: 90-3707-CA-OI-HDH.
xc: Nei] Dotrill, Ken Cuyler, ,~r,<] fi led.
Copy to Board of County Commissioners of a letter dated
12/15/90 to Mr. Michael K. Arnold from Fred K. Tarrant, 3r.,
re appreciation for response regarding cracks in new concrete
wastewater tanks. xc: BCC and filed.
294
Page 76
January 8, ]991
Item #14L1
RESOLUTION 91-32 ESTABLISHING A FILING FEE IN THE AMOUNT OF $50.00 FOR
THE COMMERCIAL PROPERTY SOLID WASTE EXEMPTION PERMIT PURSUANT TO
COLLIER COU]~I'Y ORDINANCE NO. 90-30
There being no further business for the Good of the County, the
meeting was adjourned by Order of the Chair - Time: 4:35 P.M.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS
CONTROL
(3( 0 295
Page 77