BCC Minutes 04/24/1990 RNaples, Florida, April 24, 1990
LET IT BE REMEMBERED, that the Board of County Commissioners tn
for the County of Collier, and also acting as the Board of Zoning
Deals and as the governing board(s) of such special districts as
have been created according to law and having conducted business
met on this date at 9~00 A.M. In ~ULAR 8leSION In Building
of the Government Complex, East Naples, Florida, with the
following members present:
CHAIRMAN: Max A. Hesse, Jr.
VICE-CHAIRMAN:
(Absent}
(Absent)
Michael J. Volpe
R~chard S. Shanahan
Burr L. Saundere
Anne Goodntght
ALSO PRESENT: James C. Giles, Clerk; John Yonkosky, Finance
DIr'ector; Ellis Hoffman and Carol McClenathen, Deputy Clerks; Neil
.Dorrill, County Manager; Ron McLemore, Assistant County Manager;
Ken Cuyler, County Attorney; David Welgel, Assistant County Attorney;
e Archibald, Transportation Services Administrator; William
· :,Lorenz, Environmental Services Administrator; David Pettrow,
pment Services Director; John MadaJewski, Project Review
Services Manager; Klmberly Polen and Jeff Adair, Environmental
-:Specialists; Sue Ftlson, Admln~strative Assistant to the Board; and
)eputY Byron Tomltnson, Sheriff's Office. ;.,. ~/ .
.<
April 24, 1990
3/0 ~te~ '*'
Oo~Lee/oner Ooodnlght ~ovad, seconded by Conlaalonar Volpe ~d
· ,~;' c~r/~ ~/0, thlt the ~gen~ ~d con~en~ ~gen~ ~ ~ppr~d with the
1. Item 5(D) - Presentation of Recycling Proceeds from the
'[~.' Collier County Curbside Pilot Recycling Program - Added.
Item 6(B)I - Petition R-89-26, Jeff Hunt of Ertckeon
Communities, representing Radnor Corporation, requesting a
rezone from A-2 to PUD for a total of 800 single
family/multi-family units, with recreational amenities. The
proposal preserves 60 acres of environmentally sensitive
lands, to be located northwest of the Intersection of 111th
Ave. North and U.S. 41 tn Section 21, Township 48 South,
Range 25 East, consisting of 265 acres. (Continued to
5/~/9o).
Item 6(B)2 - Petition R-89-31, Jeff Hunt of Erickson
Communities, representing Radnor Corporation, requesting a
rezone from A-2 to PUD for retail and office development to
be known as Plaza 21, to be located northeast of the inter-
section of lllth Avenue North and U.S. 41 In Section 21,
Township 48 South, Range 25 East, consisting of 17.2 acres.
(Continued to 5/1/90).
?¥
Item 6(C)1 - SMP-90-3, Jeff Hunt of Ertckson Communities,
Inc., representing Radnor Corp. requesting a subdivision
master plan of Beachwa¥, located In Section 21, Township 48
South, Range 25 East, consisting of 265 acres. (Continued to
~1II9O).
Item 6(C)2 - Petition AW-90-1, John D. Lee, representing
Dennis Mulltns, requesting waiver of separation requirements
between places serving alcoholic beverages and churches,
located at 5224 North Tamiamt Trail. (Continued to 5/1/90).
Item 6(C)3 -SMP-89-4, Albert F. Raultn, P.E., representing
Robert and Ernesttne Stackpole for approval of a subdivision
master plan for Marco Pines, located south of Manatee (C.R.
31) Road and consisting of 111 lots on 33 acres more or less,
of land, zoned MHSD and further located In Section 24,
Township 51 South, Range 26 East, Collier County, Florida.
(Continued to 5/1/90).
Item 6(C)6 - Petition CCCL-89-8, George Varnadoe, Esquire of
Young, Van Assenderp, Varnadoa and Benton, P.A., representing
Developments Duken, requesting a Coastal Construction Control
Line vartance to construct a condominium, parking and a
boardwalk to allow beach access, for property located on the
west side of aulfshore Drive, approximately 0.5 miles north
of Vanderbtlt Beach Road (Lots 23 and 24, Block A, Unit 1,
Conners Vanderbtlt Beach Estates), Section 32, Township 48
South, Range 25 East, Collier County, Florida. (Continued to
5/1/90).
Item 6(C]9 - Adoption of remedial amendments regarding
Collier County's Growth Management.~lan. (Continued"to
5/1/90).
10.
April 24, 1990
Item 6(C)10 - Ordinance amending Ordinance 89-05, as amended,
the Collier County Growth Management Plan, for the unincor-
porated area of Collier County, Florida, such amendment
addressing and relating to the stipulated settlement
agreement with DCA. (Continued to 5/1/90).
Item 7(A)1 - NUA'90-1, (V-90-2)0 Charles Luck requesting an
11 foot varlance from the rquired front yard setback of 25
feet to 14 feet and an 1! foot varlance from the rqutred rear
yard setback of 25 feet to 14 feet to add a carport for
property located at 1219 Bald Eagle Drive, Lot 15, Port
Marco, Inc., Marco Island. (Continued to 5/1/90).
11.
Item 7(A)2 - NUA-90-2, (V-90-3), James Payne requesting a 2
foot variance from the required side yard setback on the
north property line of O or a minimum of 5 feet to 3 feet, a
22.§ foot variance from the rquired front yard setback on the
west property line from 25 feat to 2.5 feet, a 21.58 foot
variance from the required front yard setback on the south
property line from 25 feet to 3.42 feet for replacing
existing mobile home and storage shed and also constructing
carport and a roof over the carport and storage shed on pro-
perty located at 1219 Bald Eagle Drive, Lot 8, Port Marco,
Inc., Marco Island, Florida. (Continued to §/1/90}.
12.
13.
Item 8D - J. Dudley Goodlette representing Astron Plaza PUD.
(Continued to 5/1/90).
Item 14(A)4 Moved to 9(A)2 - Recommendation to grant prelimi-
nary acceptance of the roadway, drainage, water and sewer
improvements for the final plat of "Crown Polnte East"
(Requested by Staff).
~Ite~#SA
~~ S,avxcz A.A~D ?O LOW~=~ M. ~AX~S - ~R~s~wrzo
Commissioner Hasse presented an Employee Service Award and pin to
Lowell Raines, of Facilities Management, for 15 years of service with
Collier County Government.
DESZ~ATZNO THE MONTN O' KAY, 1990, AS "OLDI~
Upon reading of the proclamation, Couleeioner G~ight ~,
~o~ ~ C~leeloner Vo~ ~d c~rl~ 3/O, t~t the
desisting ~y, 1990, ae 'O~der ~rAcane ~nth" ~ adopted.
Co,Assigner Hesse presented the proclamation ~o Mr. Egon Hill who
has been a main state with ~RP and the senior citizens of Collier
County.
000C10009
Page 3
April 24, 1990
P~.J~IATXON D'SX~NATXNG MAY IBT - MAT 7, X990 AS "NURSU I~E" -
~ Upon reading of the proclamation, Com~tmslonar Goodnlght Bored,
~ .... ~eccm~ed b~ Colls~loner Volpe ~d carried 3/0, th&t the
d~t~ ~y 1.~ - ~y 7, 1990, a~ "Nur~e~ ~ek" ~ adopted.
~_, Co~tss~oner Goodntght presented the proclamation to Mur~el
~;Mackey.
Page 4
-,.," ' April 24, 1990
Ms. Terry Douglas, representing Waste Management, Inc., stated
that this week ts the celebration of "Earth Day". She provided an
update on the recycling program tn Collier County for the past year.
She noted that to date, 603 tons of recyclable materials have been
collected, and thanked the residents of Collier County for their par-
ttctpatton, and the Commission for their encouragement.
Ms. Douglas presented a check tn the amount of $3,098.15, which
represents 184 tons of recyclable materials.
~OL~ZON 90-216, RE PETITION CCCL-89-9, HICKORY H~S, INC. ~ l-I
CO~T~, INC., ~STZNG A V~Z~C~ ~OM TH~ COAST~ CON~UCTION
COBOL LI~ TO ~L~ ~K CONSTRUCTION OF T~KI KL~ATKD D~
M~~ IN TeK ~FOOT B~CH DMLO~ - ~D S~KCT TO
STI~TIONS
Legal notice having been published In the Naples Dally News on
April 8, 1990, as evidenced by Affidavit of Publication filed with the
Clerk, publtc hearing was opened to consider Petition CCCL-aP-9, filed
by Hickory Homes, Inc., and Z-A Corporation, represented by Blair A.
Foley of Coastal Engineering Consultants, Inc., requesting a variance
from the Coastal Construction Control Line (CCCL), to allow construc-
tion of three elevated dune walkovers and enhance the dune system in
the ~arefoot Beach Development, Section 6, Township 48 South, Range 25
East, Collier County, Florida.
Environmental Specialist Polen reported that the petitioner is
requesting a variance from the CCCL to allow for construction of three
dune walkover structures and dune enhancement In the Barefoot Beach
Development. She noted that such e structure Is minor and ts con-
sistent with the Coastal Zone Protection Act. She indicated that the
walkovers will be elevated above the enhanced system and will be sup-
ported on pilings and elevated at a minimum of 24 Inches to a maximum
Of 30 inches above the dune crest. She advised that dune walkovers
ere recognized as the best method for minimizing impact to the dune
Page 5
?~syste~ while allowln~ access to the beach.
~: Hr. Blair Foley, representing the project owners, stated that the
~:" walkovers will extend about 100' seaward of the CCCL.
County Attorney Cuyler noted that the length of the variance is
' not Included in the resolutIon, and will need to be Inserted.
Ms. Polen stated that the length should be noted as 110'.
There were no speakers.
¢os~daetoner Goodntght ~:m;wd, seconded by Conteo~oner Volpe and
c~r~ed S/0, that the public hearIng be closed.
Commissioner Goodn~ght ~oved, seconded b~ Conlee~oner Volpe ~nd
S/0, to approve
pul&t~on~, ~nd the mddtt~on of the I10' length of the variance being
~nclud~d ~n the re~olut~on, thereby &dopt~ng Resolution 90-216.
OOOClO014.
April 24, 1990
~80LUTXON 90-217, ~ PETITION CCCL-90-2, VANDE~BXLT 8HORIS
COMXNXM, ~QU~BTXN0 A VARIANCE FROM THE COASTAL CONSTRUCTION
CONTROL LXN~ (COOL), FOR PROPERTY LOCATED AT lOT01 OULFSHORE DRIVE -
ADOPTED SUBJECT TO STIPULATIONS AS AMENDED
Legal notice having been published In the Naples Dally News on
April 8, 1990, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened to consider Petition COOL-90-2, filed
by Vanderbllt Shores Condominiums, requesting a variance from the
Coastal Construction Control Line (COOL) to allow construction of two
wooden dune walkovers seaward of the CCCL for property located in
Section 29, Township 48 South, Range 25 East, Collier County, Florida.
Environmental Specialist Adair stated that the petitioner is
requesting a variance from the CCCL to allow construction of two
wooden dune walkovers seaward of the COOL. Ne reported that the total
. length of each walkover shall be a maximum of 28 linear feet perpen-
'~'::-dlcular to the existing duns lane and shall not extend seaward of the
· existing vegetation line. He noted that the walkovers shall be a
maximum of 3 linear feet in width, elevated on pilings, and shall be
!!;:'maintained at a maximum height of 24" - 30" above the existing dune
~:::: [: grade.
~'~:~:: ~r. Adair indicated that Chapter 370.041F.S. prohibits the
cutting, harvesting or removal of sea grape and sea oats on public or
private land without the consent of the property owner. He related
that these dune walkovers are minor structures and their construction
is consistent with the Coastal Zone Protection Act of 1985, Florida
Statutes, and Policy 11.4.7 of the Growth Management Plan.
Mr. Adair advised that Staff recommends approval of this petition,
sub~act tO stipulations as no,ed in the Executive Summary.
Page 7
A discussion took place relative to the removal of sea oats.
:3F: ' Environmental Services Administrator Lorenz reported that the most
recent statute that is available upon investigating this issue, prohi-
,/bits the cutting of sea oats.
~!<!i Mr. Richard Barnett of the Vanderbilt Shores Condominiums, stated
April 24, 1990
that the issue relative to the ssa oaks is not germans to the
;(construction of the walkwaye. He noted that the area where the walk-
ways are proposed is already eroded by foot traffic, and the purpose
ie to protect the vegetation. He indicated that no lighting is pro-
posed for the area.
County Attorney Cuyler called attention to the Resolution, Page 2,
Item 1, 4th line, and suggested that a period be placed after
"prohibited", and strike the remaining language. He further noted
that a phrase in the "Whereas" clause will be removed.
County Attorney Cuylsr noted that the degree of the variance needs
to be stated for the ordinance. Mr. Adair stated that the extent of
the variance is approximately 75' from the back of the condominium to
:
the boardwalk.
Mr. George Keller, President of Collier County Civic Federation,
stated that his objection to obstructions on the beach is that even-
tually the public may not be able to use the beach if these structures
are placed too closely to the high water mark.
"~' Mr. Adair concurred with Mr. Keller's comment, and noted that it
ts clearly stipulated that these walkovers will not go beyond the
~"i. vegetation line which ts very clear on this section of the beach.
Mr. Barnett stated that the public will not be deprived of
~::. anything, but the intent is to protect the dunes and to provide access
~; to the beach which is reasonable and looks good.
· ,.: There were no other speakers.
O~lll~lliOnlr Volpl Ilovl~, ilcondld b~f CO. lll~O~r O~ight ~
':"~ o~rl~ a/O, to close the ~bllc heartng.
)'- c~i~ 3/0, to a~r~e CCCL-90-2, ~bJect to Sti~/atlo~ 1-4 ~
:~:, · ~n t~ ~t~ ~; t~t the foota~ ~ tnclud~ ~n the reeolu-
~ u ~t~ ~ t~ C~W Attor~, t~re~ ~pttng
' ,~ Re~luti~ 90-217.
000C10018
Page 8
April 24, 1990
P.E~O~,UTXON gO-21S, 1~ PITXTXO~ AY-g0-004, ~XLLI~ ~,
,;~V~TX~ O~ A ~XON OF ~.5t ~XLX~ ~ D~INA~ ~~
Legal notice having been published tn the Naples Dally News on
April 8 and 15, 1990, as evidenced by Affidavit of Publication filed
with the Clerk, public hearing was opened to consider Petition
AV-90-004, filed by William Butt, owner, requesting vacation of a pot-
'. tlon of a drainage/utility easement for purposes of eliminating a
technical title problem created by encroachments tn a side yard
easement for property located at 118 Edgemere Way, South, Naples,
Florida.
Transportation Services Administrator Archibald informed that the
subject lot ts located in Wyndemere, north of Golden Gate Parkway, and
one mile east of Airport Road. He noted that the lot in question is a
sing/e-family lot and the need fo]: the vacation petition is related to
[.!.?i. minor encroachments as a result of an air conditioning slab and a pool
equipment slab. He indicated that tn order to rectify the encroach-
mente within the ?.5~ easement, the petitioner ts requesting that a 2'
vacation of the westerly portion of the easement be considered.
Mr. Archibald advised that Letters Of No Objection have been
received by Florida Power & Light, United Telephone, Cablevislon, the
County Utilities Divis~on, and Project Review Services. He stated
that staff has reviewed this petition, and has no objection to appro-
In answer to Commissioner Hesse, Mr. Archibald reported that after
the house was built, and as part of building mi or structures for the
location of the air conditioning unit and a portion of the pool area,
the slab has a minor encroachment. He noted that had the original
owner utilized a surveying service to establish the improvements, this
request would not be necessary.
In answer to Commissioner Hesse, Mr. Archibald called to
attention
. Page ~2 of the Executive Summary, which is an after-the-fact survey
00 £10021
Page 9
April 24, 1990
/Which shows the small slab for the air conditioning condenser and the
!',-~ilemall slab for the pool pump and pool equipment. He indicated that If
the requested vacation ts granted, a 13' easement area still remains
:hat could bm used If needed.
There were no speakers.
Co~a/ul~ner Goodnight moved, Hcond~d by Commissioner Volp~ and
c~rrl~d $/0, that the public hearin~ bm closed.
Co~m/ssion~r Goodnight moved, seconded by Commtmmionmr Volp~ ~nd
c~t~ $/0, to approve Petition iV-90-004, subject to staff's recom-
~tlons, thereby adopttn~ R~solution 90-218.
o0 c10o22.
Page 10
April 24, 1990
00-219, 1~ PETXTION AV-90-O0$, N~aT COAST DEVELOFME~T
COI~POI~ATION OF NAP~,S, INC., R~QUESTZNQ VACATION OF A PORTION OF A 40~
AND 59~ DRAINAOE ~AS~MENT AND A 10~ ~ILI~ ~S~ LOCATED ON A
~ 7 ~ 8 IN ~S~I~ PL~ - ~ED
Legal notice having been published In the Naples Dally News on
April 8, and 15, 1990, as evidenced by Affidavit of Publication filed
with the Clerk, public hearing was opened to consider Petition
(~'~ :
~]: ' IV-90-003, flied by West Coast Development Corporation of Naples,
..'/ Inc., Richard Vetter, as agent, requesting vacation of a portion of
drainage/utility easements and providing a replacement easement for
:'i the vacated drainage easement tn order to construct an office
;;. building and parking lot on property located cn Lots 7 and 8 of the
'~' plat of Westvlew Plaza.
:. Transportation Services Administrator Archibald explained that the
petitioner Is requesting the vacation of a drainage and utility ease-
;~;~' merit In Weatvtew Plaza on Westvtew Drive, east of Airport Road, In
'.; order to build across the property line of Lots 7 and 8 which he owns.
'~'~ Ha advised that the property owner Is not only requesting the vacation
~':' of the 20' easement along the property line, but he is also providing
a replacement easement with stipulations to be met on the relocation
~.'f and construction of the drainage for Lots 7 and 8.
Mr. Archibald reported that staff has reviewed this petition;
, Letters Of No Objection have been received from the utilities, but
;:'~ there is a concern regarding drainage. Ne noted that the applicant
has agreed to comply with the conditions set forth In the Letter of No
~:.. Objection from Project Review Services, and therefore, staff is recom-
A;~ mending approval of this vacation.
Mr. Archibald explained that it should be reco0ntzed that a por-
~i:::: ' tton of a 10' utility easement, a 40 drainage easement, and a portion
~ of the rear yard easement ia being requested, and the replacement
easements provide for the 40 drainage easement.
~.~- ' In answer to Commissioner Volpe, Mr. Archibald related that one
lot will be created from 2 lots to accommodate a larger building on
00 ]C10o26
April 24, 1990
iVthe site. He noted that this will not affect drainage or utilities.
~';' Mr. Tom Killen, project architect, stated that the primary reason
for the requested vacation la that his client wants one building
rather than 2 buildings that would be separated by a large easement.
He explained that the entire area is mainly comprised of metal
buildings, but his client is proposing to construct a one story
masonry building with a tile roof and a covered canopy at the front of
the building. He indicated that there will be no industrial uses.
There were no other speakers.
Ce~Auloner ~>dnight ~vi~, ~econded by Co.lacier Vol~ ~d
cmi~ S/0, ~t the ~bltc he~tng ~ cloeed.
~i~r O~lght ~d, eeconded ~ Co~l~elo~r Vol~ ~d
=i~ 3/0, to ~r~e Petition AV-90-OO3, ~bJect to Staff's
r~ti~, t~re~ a~pting ~solutton 90-219.
~ ~ ~ r
PROPerTY OMHERS AND DKVKLOPKR OF K~YSTONE PLACl TO ~KT ~ D~S~S8
Mrs. Rhonda Yarberry, submitted a petition to halt the opening of
Yarberry Lane due to the Keystone Place Rental Development, bearing
signatures from the residents of Yarberry Lane and adjoining Anthony
Court.
Mrs. Yarberry stated that Yarberry Lane is a dead-end street and
the residents are opposed to the proposed opening to protect the
safety of the children. She noted that the proposed rental project
will increase the traffic, and decrease the quality of life of the
current residents. She stated that since the opening of Orange
Blossom Drive to the Goodlette Road Extenf~lon, traffic has increased
"steadily and requests have been made to the Transportation Department
for 30 MPH signs. She indicated that, to date, one sign has been
placed near the An/mai Control Center and Orange Blossom Lane where
the children meet the school bus.
Mrs. Yarberry noted that many reckless drivers have been wit-
nessed, people speed past the school bus as it is stopped, and
vehicles are traveling at speeds of 40 MPH - 50 MPH in this area. She
explained that she has never witnessed the Sheriff's Office attempting
to alleviate this problem, i.e. radar.
Mrs. Yarberry advised that in 1979, Yarberry Lane was paved and
turned over to the County, but since that time, no further improve-
ments have been made, and the road is not equipped to handle an
increase in traffic. She noted that there are no sidewalks, bike
paths, street ltghting, and the road is very narrow.
Mrs. Yarberr¥ reported that there is no plan for a privacy wal! in
the areas where the Keystone Place project borders the single family
residences Jn her community. She ~nd/cated LhaL sba reals that such a
wall is necessary to promote the safety of the children, and to pre-
vent danger from the open lakes that are planned.
Mr. Roy Cronacher, President of Cronacher Development Corporation
000C10032
Page 13
April 24, 1990
and managing partner of Keystone Place Joint venture, advised that
~Mre. Yarberr¥ called his office on March iSth and expressed her con-
'-. cema and he returned her cell and discussed the project. Re noted
"~i that he informed Mrs. Yarberry that he had an open door policy and if
.~ '. aha had any concerns he would sit down and discuss them with her.
Mr. Cronacher stated that the Keystone project will be a community
with a n~w standard of excellence in rental communities in Collier
-![~Count¥. Be noted that there la over $§00,000 In the landscape budget,
plus other amenities. He reported that because of the qualifying of
the leases and tenants, there will not be a transient situation. With
~.:' regard to Mrs. Yarberry'e mention of the lakes, ha pointed out that
there has been a lake on that property for 20 years where children and
adults from Yarberr¥ Lane fish.
Mr. Cronacher related that he wants the residents of Yarberry Lane
to maintain their quality of life, and believes that his project will
enhance that qualtty of life. He noted that 1§ MPH speed limit stgna
¥
will be posted tn the project tn addition to speed bumps.
Attorney Bruce Anderson, representing Cronacher Development,
stated that the requirement tn the PUD indicates that "the developer
shall reserve right-of-way for a road way connection to Yarberry Lane
and shall provide the connection not later than such time as Orange
Blossom Drive is extended westward to Ooodlstte Frank Road." He
advised that stipulations include a landscape buffer which was
increased from 10' to 20' between his clients project and the single
famI1¥ neighborhood; a landscaped buffer is to be placed along the
north property line; maximum height of the buildings along the boun-
dary that Is eharad with the single family neighborhood ts limited to
two stories; and the buildings along the single family area were
required to be shifted so that the sides of the buildings rather than
the front or the back of the structures being adjacent to the single
family homes. He noted that the setback between the Keystone project
and the single family neighborhood was more than doubled from 20' to
O00('10033
Page 14
*~*~'~ . April 24, 1990
Attorney Anderson stated that he understands Mrs. Yarberry's con-
.('Cerns but noted that these are issues that should have been raised at
the rezone hearing.
Commissioner Volpe questioned whether a landscape buffer will be
:': provided In the 50~ setback between the two properties? Mr. Anderson
stated that a 20' landscape buffer will be provided.
With regard to the rezone hearing in 1987, Mrs. Yarberry stated
that she did come to the courthouse to review the project but her
understanding at that time was that it would be more of a residential
PUD with cluster homes and garden apartments rather than a rental pro-
Ject. She Indicated that she feels that a privacy wall ts of utmost
importance, to protect the small children from wandering Into the
adjacent project.
In answer to Commissioner Goodnight, Attorney Anderson explained
that the PUD document calls for his clteni:'s project to be connected
?-::to Yarberr¥ Lane, nottng that he does not believe that there is any
choice in the matter.
Commissioner Volpe asked wheth~r construction traffic could
access the project via Airport Road rather than Yarberry Lane? Mr.
Cronacher informed that during the first half of construction there
will be no problem with construction traffic using Airport Road, but
he Indicated that he cannot promise that Yarberry Lane will not be
used during the later phase of construction. He advised that he will
work with Mrs. Yarberry to provide flagmen during the times when the
children are going to and from school. He noted that he is willing to
~::,~..~ . pay for the expenditure to provide signs of caution, children
crossing, and lower speed limits on Yarberry Lane, if the Commission
would allow him to do so.
· :~:: ' Mrs. Yarberry suggested that the County review the road situation
' ' and consider improvements, i.e. sidewalks for Yarberry Lane before
,' -.:,'.c°nstructI°n Is completed.
Mr. Wesley Leon, resident of Yarberry Lane, raised concerns re/a-
Page
April 24, 1990
tire to the increased traffic as a result of the proposed project and
suggested that consideration be given to the Installation of bike
tO provide greater safety to the children.
?" Mrs. AnnAs May Perry, resident of Yarberry Lane, stated ~hat traf-
~i( fic has increased considerably on Yarberry Lane, and suggested that a
~.'j ' atop sign be placed at the Intersection where the children board the
· school bus.
Transportation Services Administrator Archibald advised that a
!~' valid concern is the amount of traffic on Orange Blossom Drive between
'- Airport Road and Goodlette Frank Road, which has experienced an
tncreaee in traffic by 100~ over the past couple of years. He stated
that he does not believe that it is prudent to install a stop sign on
Orange Blossom Drive at this time, since improvements are planned
which Include widening the road, a median, and a etdewalk on the north
side. He stated that Yarberry Lane ts presently a dead-end roadway
which was built at the cost of the adjacent property owners and the
i'!. increase in traffic from the proposed 400 units will generate approxl-
"" mately 2,000 trips and the majority of these will be using Airport
Road. He noted that If It is determined that those trips are using
i;.] Yarberry Lane, Orange Blossom Drive and Goodlette-Frank Road, Staff
may have to rethink their position.
Commissioner Haese asked Mr. Archibald to review the subject area
to ensure that there is adequate speed stgnage.
It was the consensus of the Commission that the property owners of
Yarberr¥ Lane and the developers of Keystone Place meet to discuss the
residents concerns, and that Transportation Staff Identify the
transportation and safety Issues.
ess ]recess: 10:45 A.M. - Rmconv~ned: 11:00 A.M. at ~tch tt~
~ Clerk NcCle~then replaced ~ty Clerk ~off~
Xte~ e~C
PATRXCXAK. RODINSX"f R~ GTK NOBXL ~T MICROMAV~ TOM~R - STAFF TO
cmrrAc-f ~c w~ Lxcg~sx~e TO aXVX~ aS9VgST fOR A SECO~ TO~Xa ~
~v~ I~?ITXO~!~ oF A~ AC~XO~
Ms. Patrlcta Rodinsky stated that she had been given erroneous
information from Staff relative to the towers adjacent to Trinity
Page 16
April 24, 1990
Place. She noted that she understood that Provisional Use 89-15
related to the towers adjacent to Trinity Place, but actually PU-89-15
relates to the Industrial zoned property behind the Krehling plant
which does not require a provisional use.
Ms. Rodlnsky indicated that the 330' Roland Gulf tower was
installed without the proper FCC license, and now the GTE mobil net
microwave 299' tower is to be placed 250' closer to her home on
Trinity Place. She stated that she does not believe that Staff Is
sufficiently reviewing these types of projects to satisfy the area
residents needs and concerns.
~[!' Ms. Rodtnsky Informed that her concerns not only relate to the
microwave tower, but also for the environment.
;. In answer to Commissioner Hesse, Project Review Services Manager
MadaJewskl advised that he has spoken with Ms. Rodlnsky several times
regarding this issue which is tied tn with another matter and will be
-, presented to the Commission next week. H.,- assured the Commission that
".: the additional tower will not be able to obtain County approvals until
:j; certain other requirements regarding the subdivision are addressed.
Ms. Rodtnsky stated that she ~as informed by Planners Scheff and
/~:;; Saadeh yesterday that the Roland Gulf Tower does not have the proper
i~i~-~':' FCC license and GTE's intent ts to utilize the existing tower instead
'!i!!~i of constructing a new tower. She cluestloned whether the existing
i,, tower would remain, or would a new GTE tower be Installed?
· ' Assistant To The County Manager Olltff advised that the neighbors
are willing to live with the existing tower as opposed to the new
tower site. He stated that If the current tower site does not have a
FCC license, Staff can contact the FCC and advise that the surrounding
neighbors would prefer the existing tower location.
Ms, Rodtnsky reported that the existing tower Is on leased land,
and the land for the proposed GTE tower has been sold by the developer
of the TTRV park directly next to the two tower site.
Mr. MadaJewski informed the Commission that the new tower may not
be permitted for construction without the proper site development plan
00 C10036
Page 17
April 24, 1990
requirements under the Zoning Ordinance, and Staff will make sure
~i!i:there is no conflict.
Commissioner Hasse requested that Staff inform the petitioner as
", to anything that is taking place in this regard.
~%~ ~ ~ ~ ~z~ TO ~ ~C ~a CO~Xn~X~O~
Dr. Neno Spagna stated that he forwarded a letter to the
Co~lssion on March 12, 1990, explaining the problems and the chrono-
lo~ of the zoning changes which have taken place and have an adverse
effect upon the use of the subject property.
Dr. Spa~a advised that on behalf of h~s clients, Leo and MarJor~e
Cavin ~d Robert and Beverly CavAn, o~ers of the Holiday Manor
Trailer Resort Park, he ~s re~esting assistance to resolve the
problems. He noted that Holiday Manor consists of 30 acres of land
located on the east side of S.R. 95~, approximately 1-~/2 males south
of U.S. 41. He indicated that recently a tenant living In a
recreational vehicle on the sate, re~ested permission from the
County to remove ~he aging model RV and r~place It wt~h a modern one,
but was advised that he could not do th~s since Holiday Manor As
currently zoned MHRP and does not allow replacement and maintenance of
an RV under the current zoning. He related that the Holiday Manor was
originally designed and permitted as a mixed use mobile home rental
· park and travel trailer recreational vehicle park facilAty An ~967 and
has been An operation continuously until the present time.
Dr. Spa~a reported that when the park was originally developed ~t
not only complied with all County retirements for the operation and
maintenance of a combined mobile home rental park/travel trailer park,
but was designed with sites which were nearly twice the size of County
repletions. He advised that on October 8, 1974, the Co~issAon
adopted Ordinance ?4-42 which permitted a mixed use of mobile homes
~d recreational vehicle~ tn the MHTT Park District, and the official
zoning atlas map of the County adopted on October 26, 1974, showed
Page 18
April 24, 1990
Holiday Manor as being zoned MHTT which permitted a mixed use mobile
home recreational vehicle use in the MHTT District.
Dr. Spagna stated that Ordinance 76-30, amended thru July, 1979,
continued to permit a mixed use of mobile home recreational vehicles
and it is believed that this mixed use was continued until the adop-
tion of Ordinance 82-2. He indicated that the official zoning atlas
adopted by the Commission on July 29, 1976, renamed the MHTT District
~:~. to MHRP but still permitted the mixed use mobile home recreational
vehicle use of the property.
Dr. Spagna explained that on January 5, 1982, the Board of County
Commissioners adopted Ordinance 82-2 which eliminated the use of
recreational vehicles in the MHRP District and created a new District,
TTRVC (Travel Trailer Recreational Vehicle Park Campground), specifi-
cally for RV use. He indicated that the permitted principle uses of
the two new Districts are mutually exclusive of each other and do not
permit a mixed use of mobile homes and travel trailers in the same
District. He informed that when this change was made, a corresponding
change should have been made to the offlcial zoning atlas map to
reflect the TTRVC Zoning for the ~24 RV sites in the park, but the
failure to do so has made all of the RV sites in the Holiday Manor
non-conforming and has resulted in problems cited earlier of the RV
owner desiring to replace his older RV with a newer one.
Dr. Spagna stated that the purpose of this petition is to ask the
Commission to help the owners of the Holiday Manor correct the zoning
classification of the Holiday Manor to a classification which permits
the continued u~e of the existing 124 travel trailer sites as origi-
nally designed and approved by the County.
P~arming Services Manager Baginsk! indicated that many of these
mobile home parks that did have travel trailer or RV sections are non-
conforming based on the ordinance, noting that there are provisions
for non-conforming uses. He noted that there has been a large tur-
nover of Staff, and they are scrutinizing more closely and denying the
permits.
· :,' 00 £10o38
April 24, 1990
In answer to Commissioner Hasse, Dr. Spagna advised that most of
the occupants of the park stay on the sits for the time limit that the
ordinance allows, however, there are some occupants that move with the
?
season.
Mr. Leo Cavin, owner of Holiday Manor Park, stated that the travel
trailer sites are 2,000 SF, and the mobile home sites are 4,000 BF.
He noted that tn ]967 when he started the park, 1,200 SF was con-
aidered large for an RV site. He indicated that tn 1968, at his own
expense, he ran a 6" water main into the District and serviced water
to the Isles of Capri, and 14 years ago, he ran a force main over to
Rookery Bay Utilities and serviced the entire area. He stated that it
would cost approximately $1 million to change the park, and remove the
roads, sewers, water and electric.
Mr. Bagtnskt informed that the provisions in the ordinance do not
force anyone to leave, but as the uses di~Jappear or are vacated, that
As when they are removed. He Indicated that there are other parks in
the same situation.
Co~lssloner Volpe stated that there are 124 lots that are non-
conforming uses, and noted that at the very least, Staff should look
into an amendment to the ordinance.
Mr. Baginski advised that Staff is presently looking Into an
~ > amendment to the ordinance to provide for these kinds of circumstan-
ces.
Dr. Spagna stated that when the zoning was changed tn 1982, the
areas occupied by the RV'B should have been so designated. He stated
that if an error was made, he would like it corrected by allowing the
RVTT'a in ths District.
Mr. George Keller stated that Holiday Manor is a fine park on
Henderson Creek, and he feels that this As a hardship case since the
owner has a piece of property that was downgraded, and feels that an
exception should be granted.
It was the consensus of the Commission for Staff to consider a
zoning amendment to be submitted to the Commission.
Page 20
April 24, 1990
!;~-~ll~O~O'/'XOff eO-~O, ASBX~ Off PLRBORB AOTIIORXZED ?0 8ET UP ~mR03'IC~
Housing and Urban Improvement Director Shreeve announced that this
ts a housekeeping resolution. He noted that a grant was received for
the rental rehab program, and In order to set it up, responsible per-
sons need to be authorized for drawing do~ funds and for setting up
the accosts each ti~e a new house is rehabilitated.
~.~lmtl~ ~220.
i:~i:" April 24, 1990
'Item #9A2 moved from 14A4
~.RESOLUTION 90-221, AUTHORIZING PRELIMINARY ACCEPTANCE OF ROADWAY,
?/DRAINAGE. WATER & SEWER IMPROVEMENTS IN CROWN POINTE EAST - ADOPTED
~, SUSPECT TO STiPULATiONS AND A NEW PERSON^L BOND FROM DAWS
DEVE~OPMEN?
Project Review Services Manager MadaJewskt explained that this
item was removed from the consent agenda due to notification which he
received yesterday regarding a /aw suit that had been filed and Judi-
cial action that had been taken relative to a drainage complaint and
the Cream Points project. He announced that this request is for pre-
liminary acceptance of the subdivision improvements which include the
drainage facilities.
Mr. MadaJewski stated that the issue at hand is the problem of
?<.'the requirement to provide a drainage outlet for
nursery
property
on
iii. Davis Boulevard through the Crown Potnte water management system,
noting that there were oversights in the conceptual permitting of the
project by the Water Management D/strict and the f/hal permitting and
· approval that appears to have eliminated a drainage conveyance that
was originally required, and thus, has caused the lawsuit and the
· Judgement that was Issued.
V ' County Attorney Cu¥1er advised that there is a default Judgement
against the developers and an Order that says they are to provide cer-
tain drainage improvements, but the County ts not a party to the
lawsuit. He Indicated that Staff's concern ts that in the event that
there ts some problem w/th the drainage, that the County not approve
certain things that will take the developer so far Into the process
that he cannot account for those drainage problems, if they are
Attorney Stephen Crawford, representing Davis Development
Corporation of Naples, /nformed that the lawsuit ts the result of the
default Judgement. He noted that his clients are attempting to do
everything possible to address the drainage problem. He /ndtcated
that in 1978, Coastal Engineering Consultants prepared a drainage plan
for the subject project and submitted same to the Water Management
Page 22
April 24, 1990
.District for conceptual approval which was granted under the specific
condition that construction plans be developed and submitted to the
District so that a construction permit could be issued.
Attorney Crawford stated that the construction plans modified the
drainage considerably in that, the Green Thumb Nursery had been
draining its property through a ditch that was contrary to the natural
sheet flow of the property dow~ into the Crown Points property. He
explained that the conceptual plan showed a small catch basin which
would accept the allowable discharge from that property and into the
bigger water management collection system of the Crown Points develop-
ment. He affirmed that when the construction plans were submitted to
the District, the catch basin arrangement was intentionally omitted,
and that was e matter of discussion and the permit for the water mana-
gement plan provided for a much larger swale which showed that the
Green Thumb Nursery abuts that swale and will accept water on a me~ni-
rude of 20 times the allowable discharge from that property. He noted
that the construction plans which were approved by the District, were
implemented and provide very adequate drainage.
Attorney Crawford advised that the lawsuit was initiated by
flooding on the Green Thumb property which occurred during the course
of construction but the full drainage plan system was not in place at
that time. He indicated that if Green Thumb leaves things as they
are presently constructed, they will be satisfactory. He recfuested
that the Commission accept the roads and drainage at Crown Point East
at this time, and if modifications are required, he will come back and
take the necessary administrative steps to do so.
In answer to Commissioner Volpe, Mr. Crawford advised that the
Judgement requires that his client install the catch basin which was
shown on an exhibit attached to the complaintant's complaint that
accompanied the conceptual approval granted by the Water Management
District a year before the final plans were approved.
Mr. Tom High, representing Davis Development Corporation, stated
that the developer has constructed the swale, but one of the main con-
00 C!!0045
Page
April 24 1990
cerns is the preliminary acceptance of the roads. He noted that the
p~operty has been platted, the utilities have been dedicated to the
property, and 17 homes are under various stages of construction, but
final C.O.'a cannot be obtained until the roads and drainage are
accepted. He explained that if preliminary acceptance Is not
granted many people who have their homes completed will not be able
to take occupancy. He stated that everything was done the way it
should be done until one week ago when the Judge determined that the
plans that were approved by South Florida Water Management and the
County were wrong, and he does not feel that this should hold up the
preliminary acceptance.
Attorney Theodore Zelman, representing the Green Thumb Nursery,
provided a copy of the final Judgement (not provided to the Clerk's
office). He indicated that his client does not believe that anything
that Crown Points has done ts sufficient to solve the problems that
have been created, and that Is the reason they went to court, He
noted that there ts one culvert that ts 2/3's full of sand, and last
year during the rainy season tn July and September, Green Thumb
was
flooded since the road et Crown Points is about 2' higher than the
Green Thumb property. He stated that the damage that was caused to
the plants at the nursery are listed in the first paragraph of the
final Judgement. He noted that his c/lent Is not requesting that
anything be changed, but merely that the developer live up to what has
been required Judicially.
Commissioner Hasse questioned Mr. Zelman's objection to the
Commission accepting the preliminary approval of the roadway, drainage
water and sewer Improvements of the pro3ect7 Mr. Zelman stated that
the Improvements do not contain adequate drainage necessary to drain
the property.
Mr. Gary Butler of Butler Engineering, stated that he has had
numerous discussions with the developer, Coastal Engineering
Consultants and the owner to work out an outfall. He noted that if It
rained today, the problem would be the same as It was last September.
Page 24
April 24, 1990
Co,missioner Volpe indicated that there is a conflict between the
Judgement of the Circuit Court of Collier County and what the
Commission is being asked to accept as the proper roadway and
drainage.
Attorney Crawford explained that the Judge was left with the
impression that the Water Management District had given his client a
permit to build a catch basin in accordance with the preliminary con-
ceptual plan, and noted that that is not what happened. He reported
that a year later the construction plans were submitted to the
District pointing out that the drainage and the confi~uration of the
roads were changed and the catch basJn is not part of the drainage.
He advised that a more effective drainage system has been put in.
Mr. MadaJewskI stated that he received a call from Mr. Pepper, one
of the owners approximately 3-4 months ago. He indicated that after
doing some research, he found that the set of drawings that were
approved by the County and the Water Management District did not show
the conveyance structure across the property. He noted that he has
received commitments from Mr. High and his people that the conveyance
would be created and that It would be documented on the record
drawings which were presented to the County. He explained that his
feeling is that there needs to be a mutual agreement between the deve-
lopers, professional engineer, and the professional engineer repre-
sentlng Green Thumb Nursery, as to the adequacy of the existing
conveyance facility which is an open swale to a cross drain that is
200" - 300" feet east of the southeast corner of the Green Thumb pro-
party which the!~ crosses into the lake system. He indicated that this
will eliminate the possibility of the Count¥"s involvement in litiga-
tion at a later date, and will allow those involved to work out their
differences with the court as to whether or not a culvert and catch
basin need to be lnstalled, or whether a swale system ts agreed upon.
Mr. Mada]ewski reported that if mutual agreement can be reached,
he believes that the project should be allowed to move ahead, accept
the necessary letters of credit, and stipulate that the County will
Page 2 5
April 24, 1990
~!inot move to any final acceptance of the Lmprovements until there is a
final, mutually agreed to Judgement, and a swale with an easement to
.ensure that the drainage facility will exist in the future and cannot
be built upon.
In answer to Commissioner Hasse, County Attorney Cuyler advised
i". 'that the mandatory injunction does not specifically affect the County.
.He noted that Mr. MadaJewski Is suggesting that the people who's homes
are under construction not be penalized, and to make sure that an
arrangement is worked out which will accommodate the Green Thumb's
interest to insure that the flooding does not continue and also the
developer.
i-~ . Mr. MadaJewski stated that he feels that there is a need for pro-
'~::. feaelonal certification indicating that there is a positive drainage
outlet that will handle the Green Thumb property, and that agreement
should be received by the County before any Certificates of Occupancy
are issued.
Commissioner Volpe asked Attorney Zelman if he can accept the fact
that what ia there now will address the drainage concerns of his
client? Mr. Zelman replied that the dratnage is not adequate.
Mr. MadaJewski advised that his recommendation is that the
Commission grant the preliminary acceptance and accept the security
documents through the letters of credit with the following conditions:
No Certificates of Occupan¥ be issued within the project
until such time as the County has received certified confir-
mation from the engineers representing the Green Thumb
Nursery, and the engineers representing the developer, that
there is a conveyance system that is active and open and has
a capacity equal to or greater than the catch basin and pipe
that are indicated as a requirement of the Judgement.
The County will not consider final acceptance of the project,
which would be the close out of the warranty requirements and
return of the bond, until such time that the issue has been
resolved under the appeal that the developer wants to make to
the court, and written documentation is received as to what
the permanent drainage facility will be, and if this is to
be a catch basin and pipe it must be permitted, approved, and
constructed before final acceptance will be granted.
Easement document to be in favor of the property o~ner8'
association for responsibility of ownership and maintenance
and a second document to Collier County as to ownership
without responsibility for maintenance.
County Attorney Cuyler advised that in addition to
Page 26
April 24, 1990
l~.adaJewski's recommendation, the Conunisston needs to accept amendments
and 3 to the letter of credit and the new personal bond which was
supplied by the developer, dated April 18, 1990.
C4~l~tt~im~er Goodntght ~, seconded ~ Cmtssi~r Vol~
~l~ $/0, te ~c~t the rec~tto~ of Staff ~d
Page 27
AprJ! 24, 1990
.?; RISOLUTIOII9 90-222, CWS-90-?, MMs-g0-I, AND GWD-90-I, DIRECTING CO~
?~" ~A~ ~ ~TI~ ~CLOS~E ACTZOR~ ~R ~ COLLE~ZON OF
D~~ ~ ~/OR S~ SPKCI~ ~SKSS~S - ~D
C~unt~ Att~rne~ c~3e~ stated that this ite~ relates t~ e resolu-
':~] ~on d~re~n~ ~he Coun~ At~orne~ts off,ice ~ lns~i~u~e foreclosure
actions on delinq~ent ~ater and/or sewer s~ecial assessments in actor-
, dance ~lth Florida Statutes. ~e n~ted that ~hen assessments ~ec~me
~:" deltn~ent, the statutes require that the Commission direct the County
Attorney, within 60 days, to institute proceedings to bring about the
collections or to file foreclosure actions against the properties for
the various assessments. He advised that the Executive Summary lists
:, ' the am~emsment districts.
c~ 3/0, t~t ~he Co~ At~o~ ~ directed to tnetX~te
~e~l~ actXe~ for the collection of delln~ent ~ter ~d/or
~;[ ~ ~tal usesmnts, ~t to Section 153.73(11)(f), Flort~
?~'*:.' : Ste~ t~ ~dopttng Reaolution 90-222, ~ 90-7, M 90-1, ~d
000C110053
Page 28
Aprl~ 24, ~990
90-159
90-167 90-179 - ,M)0FI~D
Comsds. loner Goodnlght ~oved, seconded by Contsslonsr Volp~
~eel~r G~tght ~d, seconded ~ Co~tsslon~r Vol~ ~d
c~1~'~/O, t~t ~dg~t ~n~nt Resolution 90-15
P~ge 29
90-223 APPOZI~TZNG ZA]~ MAYO GLODZCll TO TIIZ HOMILleSS ADVISORY
Administrative Assistant to the Board Fl/son stated that John
Mac'Kie, Ill, submitted a letter of resignation from the Homeless
Advisory Committee on January 29, 1990. She advised that a press
re'ease was Issued, and four resumes were received.
Mrs. Ftlson reported that on April 11, 1990, Public Services
Administrator O'Donnell advised that the Homeless Advisory Committee
is recommending the appointment of Zan Mayo Glodtch to fill the
vacancy created by the resignation of Mr. Mac'Kle.
Coumtaotonar Goodnight moved, seconded by Couulaalonsr Volpe and
carried $/O, to approve the appointnent of Zan Mayo alodlch to the
Homeless Advisory Comatttee, thereby adopting Resolution 90-223.
oo cloo s
Page 30
April 24~ .1,990
,'~. ' - II I
~:~ ,. Oemales~oner Ooodn~ght ~oved, eeconded by Cou~esioner Volpe ~d
"::~:~' c~ ~/0, t~t the foll~ng ~te~ ~dlr the Co~en~ Agln~ ~
. ~ ~/or l~ted:
IATZlrl~fZOI O! LIIJI AGAINST PROPERTY OF BENAXCIO AND GLADYS ORTIZ,
~ATE~Z~ O~ LZ~ A~ENST ~OP~ OF ~GRO ~ LZLLE~ B~LL ~,
~T]~]OI OF LI~ AGAINST ~OPER~ OF VXO~ ~STON, 406 ~ ~2~
Zt~a~14A5
R~OLUTXON 90-224, FROVZDXNG FOR A~SESSI~NT OF LIEN FOR TH~ ABAT~I~IT
OF FUBLXC NUISANCE, CELESTE CARLESXHO AND NERI CARLESXNO, LOT 15,
E[,OC[ !?, U~IT 3, _GOLDEN (]ATE
See Page,= ~.~'~"'"~. / '~, ~
I~OLUTION 90-225, PROVIDING FOR ASSESSMENT OF LIEN FOR fras ABATEMENT
OF FUBLIC NUIS~UICE, JESUS AYALA AND MRRY AYALA AND DAVID HERRERA ~
Ite~ #14~7
R~OLUTZON 90-226, PROVIDING FOR ASSESSMEITr OF LIEN FOR THE
OF l~/~lC NUII~MICE, CRAIO L. l~rlltT, TRUSTEE OF NILKINSON-I~IT~RT
CONllTRUCTION CO. ~ .LOT 5, BLOCK 40 UNIT 2~ pART--GOLDEN OAT~
I~ESOLUTION 90-227, PROVIDING FOR A~SES~NT OF LIEN FOR THE ABATEM~TT
O~ FU~,IC NI~S~ICK, CRAIG L. I~FF~RT, TRUSTEE OF ~LKINSON-MEIrl~tT
~ION CO. f LOT 4f BLOC~ 40r UNIT 2f P~RT--OOLDEN GATE
R~SOL~TIONS 90-228 AND 90-229, PROVIDING FOR ASSESSMENT OF LIEN FOR
T~AW~T~E~T OF PUBLIC NUISANCE AND TH~ R~M~DY OF HAZARDOUS OR
~ CONDITION, ROBIN BURKE, PERSONAL REPRKSENTATIV~ OF TH~
JUNXO~ LEE RILEY ESTATE, LOTS ? AND 8, BLOCK 2 OF TH~ PROD NHIDDENS
SO~D~SXO~
age 31
'i~ '~ April 24, 1990
, Pagee / '
SATIJF&CTIO~ OF LI~ AGAI~T ~0~ 0Y S~LIK ~0~, 407
~r':. ~ ~ KK ~0R~DA
~,';, See Page~ ' /
See Pages
Itea #14C1
PARK~ AIID RECREATION DEPARTMENT TO FILE FOR SUtff~ER FOOD SERVICE
PItOGltAMG~ANT AND PARK~ AND RECREATION DIRECTOR APPOINTED AS THZ
COUNTT'S LIAISON OFFICER TO ADMINISTER THE GRANT
See Pages ~
· BID ~9--1483 AM&RDED TO MITCHHLL AND STA~K CONSTRUCTION CO., IR TH~
~ OF $$82,609.06 FOR THE CONSTRUCTION OF GOODLNTT~ ROAD MATER
Legal notice having been published in the Naples Daily News on
November 12, 1989, as evidenced by Affidavit of Publication flied with
.the Clerk, bids were received until 2:00 P.M. on December 7, 1989, to
consider Bid #89-1483, Goodlette Road Water Main Improvements.
RESOLUTION 90-230, GRANTING UTILITY EASEMENT BETWEEN COLLIE]t COUNTY
AND FI&~ZTDAFOMERJdID LIGHT CO. FOR A TRANffFORIqER FACILITY IN BAYVIEW
PARE I~)CAT~D IN SECTION 22, TON~SHIP 50, RANGE 25 EAST, COLLIER,
RI
See Pages ~
~ TO AGReeMENT BITW~EN COLLIER COURTY AND AVATAR PROPERTIES
ZII~., ~/K/A ~ ~O~Xl~ INC., ~lOH ~OVXDE9 ~R ~DXFXCATXOR~ TO
OF ~ 1983 AO~M~
/ /
See Pages ~'
~'.,!q IlI:~O'~4FI~OF 90-231, SNTTIN~ MAY 1, 1990, IR TBI COlgllSSION CllAMBI]tl FOR
'~,:. .... ~~~ ~ R~LS R~CI LI~I~ S~IC~, INC., P~ISE
~OLD A Y D B A OLD'S IMOUS IC
32
April 24, 1990
:i*".' Iteu #l~Ol
'' 'rZPPINO AND PKRMITTING TEE8 WAIVED ~OR ~TERIAL COLLeCTeD DURING THE
~,: , ~~ TO ~E ~E P~ ~OR ~E 1990-92 30B ~INING P~~HZP
The following correspondence was filed and/or referred as indt-
cared below:
Letter dated 04/09/90 to Sheriff Don Hunter and Commissioner
Saundera, from Virgil L. Choate, Correctional Officer
Inspector II, Department of Corrections, re Inspection Report
dated 03/19/90. Filed.
Letter dated 04/09/g0 to Sheriff Don Hunter and Commissioner
Saunders from Virgil L. Choate, Correctional Officer
Inspector II, Department of Corrections, re Inspection Report
dated 03/20/90. Filed.
Notice of Public Workshop dated 03/29/90, from Department of
Environmental Regulation. xc: Nail Dorrtll, Bill Lorenz,
Frank Brutt, and filed.
Letter dated 04/10/90 to Chairperson, from Martin Seeling,
Environmental Specialist, Wetland Resources Regulation,
Department of Environmental Regulation, re standard form
application which involves dredge and fill activities in
waters (File #111786959). xc: Nail Dorrill, Bill Lorenz,
Frank Brutt, and filed.
Letter dated 04/12/90 to BCC Chairman, from Patrick Kenne¥,
Environmental Specialist, Department of Environmental
Regulation, re Collier County - WRR, File #111785925 and
111787935. xc: Nail Dorrill, Bill Lorenz, Frank Brutt, and
filed.
Memo to Proposal Applicants dated 04/12/90, from SonJa
Robinson, Staff Assistant, Juvenile, Justice and Delinquency
Prevention Program, Department of Health and Rehabilitative
Services, re Prevention of Inappropriate Placement in and
Removal of Juveniles from Adult Jails Request for Proposal
(RFP). xc: Kevin O'Donnell, and filed.
Memo to Proposal Applicants dated 04/11/90, from SonJa
Robinson, Staff Assistant, Juvenile, Justice and Delinquency
Prevention Program, Department of Health and Rehabilitative
Services, re Prevention of Inappropriate Placement in and
Removal of Juveniles from Adult Jails Request for Proposal
(RFP). xc: Kevin O'Donnell, and filed.
00 £B0062
Page 33
April 24, 1990
10.
11.
12.
13.
14.
15.
16.
17.
Invitation to "Friend", dated 04/90, from Nicholas C.
Anthony, PH.D., District Program Supervisor, Alcohol, Drug
Abuse and Mental Health Program Office, Department of Health
and Rehabilitative Services, re Sixth Annual Meeting of
District Eight Alcohol, Drug Abuse and Mental Health Planning
Council. xc: Netl Dorrill, Kevin O'Donnell, and filed.
Copy of Letter dated 04/03/90, to Hans Wilson, W. Dexter
Bender and Assoc., Inc., from Tony D. NcNeal, Engineer,
Bureau of Coastal Engineering and Regulation, Department of
Natural Resources, re: Administrative Approval of
Modification, Permit #CO-176 ATF, Permittee Name: Charles F.
Maurer, Jr. and Patrlcta Ann Maurer. xc: Nell Dorrlll, Bill
Lorenz, Frank Brutt, and filed.
Copy of Letter dated 04/09/90 to David Humphrey, Architect,
from Alfred B. Devereaux, Jr., Chief Bureau of Coastal
Engineering and Regulation, Department of Natural Resources,
re: Administrative Approval of Permit #C0-240, Permittee
Name: Clyde C. Quinby, Jr., Trustee. xc: Nell Dorrtll,
Bill Lorenz, Frank Brutt, and filed.
Letter to County Manager Dorrtll dated 04/06/90, to Chairman
Hasse, from Tom Gardner, Executive Director, Department of
Natural Resources, re Sabal Palm Road Extension. xc: Bill
Lorenz, Frank Brutt, and filed.
Validated Tax Receipts Data for 07/89 thru 11/89 from the
Department of Revenue. xc: John Yonkosky and filed.
Letter dated O4/12/90 to Chairman Hasse, from Charles J.
Allen, Administrator, Environmental Permits, Department of
Transportation, re "Wetlands Mitigation Bank". xc: Nell
Dorrlll, George Archibald and filed.
Minutes Received and Flied:
A. Environmental Advisory Council Agenda for 04/18/90.
Homeless Advisory Committee Agenda for 05/09/90 and
Minutes of 04/11/90.
C. Marco Island Beach Renourishment Minutes of 04/04/90.
D. Ochopee Fire Control Advisory Board Minutes of 03/05/90.
Parks And Recreation Advisory Board Minutes of 03/15/90
and Agenda for 04/19/90.
Planning Commission Agenda and Addendum to Agenda for
04/19/90 and Minutes of 03/01/90.
Notice of Hearing before the Public Service Commission to
Florida Power & Light Co., and All Other Interested Persons,
re Approval of "Tax Savings" Refund for 1988. Docket
#890319-EI, Issued 04/11/90.
Notice To Owner from Naples Lumber & Supply Co., Inc.,
advising that they are furnishing various building materials
for the Collier County Government Center, under an order
given by Kraft Construction Co., Inc. xc: Nell Dorrill,
Steve Carnell, John Yonkosky and filed.
Application of Florida Cities Water Co., Golden Gate
Division, to the Public Service Commission, re an Increase In
water rates In Collier County. Docket #890509-WU, Order
#22804, Issued 4/12/90. xc: Ken Cuyler and filed.
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22.
April 24, 1990
Copy of Letter dated 04/13/90 to Osvaldo Collazo, Regulat.ory
Division, Department of the Army Corps of Engineers, from
Wayne E. Daltry, Executive Director, Southwest Florida
Regional Planning Council, re: IC&R Project #90-07?, FDER
#111403199, USACE #871PG-21080, Project Name: Collier
County, Wiggins Pass Maintenance Dredging Modification. xc:
Nell Dorrtll, Harry Huber and filed.
0bJectton to Plaintiff's Interrogatories, United States
District Court Middle District of Florida, Tampa Division,
Case No. 88-878-CIV-T-17C, Leonard W. Yanke, et. al, vs.
Board of County Commissioners. xc: Ken Cuyler and filed.
Order Staying Case, United States District Court Middle
District of Florida Tampa Division, Case No. 88-878-ClV-T-17,
Leonard W. Yanks vs. Polk County Board of County
Commissioners, et. al. xc: Ken Cuyler and filed.
Plaintiff's Witness List, Circuit Court of the Twentieth
Judicial Circuit In and For Civil Action, Case No.
88-2173-CA-O1-HDH, Tactmark, Ltd. vs. Terrence L. Fitzgerald,
et al. xc: Ken Cuyler and flied.
Petition For Approval of the Cow Slough Water Control
District Plan of Reclamation and Appointment of
Commissioners, Circuit Court Of The Twentieth Judicial
Circuit, In And For Hendry County, Case No. 90-245. xc:
Cuyler and filed.
Ken
Continuation of Mediation Conference, Circuit Court Of The
Twentieth Judicial Circuit In And For Collier County,
Florida, Case #88-2173-CA-01, Tactmark, Ltd., vs. Terrence L.
Fitzgerald, et al. xc: Ken Cuyler and flied.
Twentieth Judicial Circuit Court Mediator's Report of non-
appearance at mediation conference, Case #88-2173-CA-O1,
Tactmark, Ltd., vs. Terrence L. Fitzgerald, et al. xc: Ken
Cuyler and flied.
There being no further business for the Good of the County, the
meeting was adjourned by Order of the Chair - Time: 12:25 P.M.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS
CONTROL
~hese minutes approved by the Board on ---~ff_,/.~../~P~
~ as presented // or as corrected
000C10 64
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