BCC Minutes 10/18/1988 R
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Naples, Florida. October 18, 1988
LET IT BE REMEMBERED. that the Board of County Commissioners in
and for the County of Collier, and also acting as the Board of Zoning
Appeals and as the governing board(s) of such special districts as
have been created according to law and having conducted business
herein, met on this date '1t 9:00 A.H. in REGULAR SESSION in Building
"P" of the Government Complex. Ea,t Naples, Florida, with the
following aembers present:
CHAIRMAN:
Burt L. Saunders
VICE-CHAIRMAN:
Anne Goodnight
John A. Pistor
Arnold Lee Glass
Max A. Hasse
ALSO PRESEHT:
James C, Giles. Clerk; John Yonkosky, Finance
Director; Dalila Mendez and Maureen Kenyon, Deputy Clerks; Neil
Dorrill. County Manager; Ron McLemore. Assistant County Manager; Tom
Olliff. Acting Community Development Administrator; Ken Cuyler. County
~ttorney; Tom Crandall. Utilities Administrator; Mike Arnold.
Assistant Utilities Administrator; George Archibald, Public Works
Administrator; Kevin O'Donnell. Public Services Administrator; Nancy
Israelson. Administrative Assistant to the Board; and Deputy Chief Ray
Barnett. Sheriff's Department.
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OCTOBER 18, 1988
AGENDA AND CONS~NT AGENDA - APPROVED WITH CHANGES
Co..issioner Goodnight moved, seconded by Commissioner Pistor
and carried unanimously, th&t the agenda and consent agenda be
approved with the following changus:
Item -9B1
Item -1~B1
Item -1~B7
Item -12D
Item -6C2
Ite. .4
Recommendation to accept a special warranty deed ,from
Avatar Properties. Inc. AIKIA GAC Properties, Inc~
for 14,12 acres of property required by the Collier
County Transportation Department to fulfill permit
commitments relating to Vanderbilt Beach Road
Improvements, Bid -1187 - Deleted
Recommendation to approve supplemental agreements
above the original Board approved contract amount for
consulting engineering services in progress for
Vanderbilt Beach Road improvements by Wilson, Miller,
Barton, SolI and Peek, Inc. - Moved to Item 982.
Recommendation to approve the Final Plat of Riviera
Golf Estates. Unit 4 - Moved to 983.
Directing Staff to look into Zoning Ordinance
Amendment in C-5 Dis~rict to allow night watchman
structure to be separate from principal structure -
Added.
Petition AV-88-015, Champagne Builders, Inc.,
requesting vacation of a portion of the drainage
easements located on the p:at of Riviera Colony Golf
Estates - Companion to Item 9B3 - Added.
MIKUTES OF BUDGET MEETING SEPTEMBER 22, 1988; PROPERTY APPRAISAL
ADJUSTMZXT BOARD OF SEP~EHBER 22 & 23, 1988 AND REGULAR MEETING OF
S!PTEKBER 27, 1988 - APPROVED AS PRESENTED
Co..issioner Goodnight moved, seconded by Commissioner Pistor and
carried unanimously, that the minutes of the Budget Meeting of
pag.2
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OCTOBER 18, 1988
Septeaber 22; the minutes of the Property Appraisal Adjustment
Board aeetings of September 22 and 23; the Regular Meeting of
Septeaher 27, 1988 be approved 8S presented.
Ite. 'SA
SERvICE AWARD PRESENTED TO BRUCE SANSONE, ROAD & BRIDGE FOR FIVE YEARS
Chairman Saunders recognized Bruce Sansone for five years of ser-
vice to the County in the Road and Bridge Department.
Ite. '5B
PRES~ATIOH OF RATIONAL ASSOCIATION OF COUNTIES ACHIEVEMENT AWARDS
Chairman Saunders presented National Association of Counties
Achievelllent Awards to the following departments.:
Collier County Department 01 Parks á Recreation for the develop-
ment of Community Parks and Recre~tional Services.
Collier County Department of Utilities for construction of a
Re-pump Station in-house at sUbstantial savings.
Collier County Dep'1rtment of Agriculture for development of
"On Your Own" - a program for children in self care.
Collier County Public Works Division for Solid Waste Landfill
Mining and Material Reclamation.
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!ðTATIOR OF FLORIDA COOPERATIVE EXTENSION SERVICE AWARDS
Chairman Saunders presented Florida Cooperative Extension Service
Awards to:
john Begeman - 2 Awards
"4-H Recognition" Award by the Florida Association of County
Agriculture Agents for his efforts in water and natural resources
educatio"al programming for youth.
"Turfgrass Seminar" Award, which included a scholarship to
further his studies in the turfgrass areas.
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OCTOBER 18,
1988
Reggie Brown - 3 Awards
Distinguished Service Award from the Florida Association of
County Agriculture Agents tor outstanding Extension programs.
"Search For Excellence" Award tor Public Relations and
Ad.inistrativ~ Progr'1ms.
Honored at the National Conference of County Agriculture
Agents in Charlott~, north Carolina as Florida's Distinguished
Service Award Honoree.
Denise Colea.an
Distinguished Service Award from the Florida Association of
Extension Hom~ Economists, and will be honored at the National
Conferenc~ of Extension Home Economists in Pittsburgh later
this ye'1r,
Linda Denning and Bonnie Fauls
Co-recipients of the "Newsletter" Award from the Florida
Association of 4-H Agents for the outstanding newsletter in ~he
State. The newsletter will be submitted to national competition.
Bonnie Pauls - 3 Awards
The State Award in Safety from the Florida Association ot
Extension Home Economists for her programming efforts for
children in self-care. The program has also been recognized
nationally through the National Association ot Counties at
their annual conference in Anaheim.
The Florida Association ot 4-H Agents: "Search For
Excellence: tor educational programming in water and natural
resources.
"Literature" Award tor the self-care materials she developed.
Commissioner Saunders congratulat~d and thanked the above-
mentioned employees tor an outstanding job performance.
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OCTOBER IB, 1988
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ORDIKAKCE 88-79 ESTABLISHING A MORATORIUM ON THE ISSUANCZ OF BUILDING
PERMITS OR, UPON COMPLIANCE WITH SPECIFIC CONDITIONS, CERTIFICATES OF
OCCUPAKCY IN NORTHWEST COLLIER COUNTY - ADOPTED
Legal notice having been published in the Naples Daily News on
September 26, 1988 as evidenced by Affidavit of Publication filed with
the Clerk, public hearing w~s opened to consider the enactment of a
County Ordinance pursuant to Chapter 125.66(2) Florida Statutes.
Assistant County Manager McLemore stated that the objective of the
above-mentioned item is for the Board of County Commissioners to
adopt the findings and recommendations ot the North Area Fire Flow
Problem Task Force contained in Task Force Report Number "2", and
incorporate said findings and recommendations into an Ordinance.
Hr. McLemore related the following background information to the
Board:
1.
On August 19, 1988, County Staff met with fire officials ot
the Little HickorY/Bonita Shores Fire Department and the North
Naples Fire Control and Rescue District at their request
regarding insufficient fire flows in northwest Collier County.
2.
As a result of this meeting, the County Manager organized a
special task force to address the problem.
3.
On August 30, 1988, the task force requested the Board of
County Commissioners to hold a public hearing to receive the
report of the task force. to hear concerns ot the public and
to ~etermine if a public safety need existed to pursue a
building moratorium in the area.
" .
On September 13, 19B8 the Board of County Commissioners upon
consideration of the report of the task force and comments
from concerned citizens, determined that a need existed to
have a formal public hearing on the issue of a building mora-
torium in the area and established the date ot the public
hearing tor October 18, 1988.
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5.
During the interim, the task force has continued to monitor
the problem. On October 11, 1988 the task force met to fina-
lize its findings and recommendations for the Board ot County
Commissioners '1nd the Planning Commissicn relative to the need
for a building mor'1to!'ium in northwest Collier County. The
results of this meeting are contain~d in Report Number "2" of
the North-Area Fire Flow Task Force.
Assistant Utilities Administrator Arnold stated that next week the
Board of County Commissioners will conduct a dedication ceremony ~or
the expansion of C.R. 951 Water Treatment Plant.
Mr. Arnold indicated
that the City of Naples has been providing North Collier County with
bulk water service for a number of y~ars.
Refe!ring to the map, Mr.
Arnold stated that the "yellow and red coloring" is the N~rth
transmission main, which has recently been completed.
He said that
the installation ot 36 and 30 inch transmission lines running from the
Regional Water Treatment Plant to Carica Road, and the completion of
the 16 inch transmission line running from U.S. 41 through Audubon
Country Club to Vanderbilt Beach Road has improved fire flows to
acceptable limits in all North Naples except in Lely Barefoot Beach
and commercially zoned properties on Bonita Beach Road.
He stated
that the lines have resulted in a tremendous improvement to the water
flow conditions in the North Naples area.
He stated that Staff and
the Jurisdictional tire districts had recently tested the fire flows,
and adequate tire flows were determined in the area.
He indicated
that the fire districts concur that restrictions are not needed in the
area.
He stated that the Lely Development is participating in the
completion of the 16 inch water trãnsmission line running along
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OCTOBER 18,
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Vanderbilt Beach Road from Audubon Country Club to Bonita Beach Road.
He advised that County Attorney Cuyler has reviewed the contract to
ascertain that procedures ar~ complied with.
He noted that in conjunction
with the 16 inch water transmission, Staff will be constructing a pump
station which should i~prove fire flows.
He reiterated that the fire
districts concur with Staff's recom~endations.
In response to Commissioner Hasse, Mr, Arnold advised that
currently, notices are being sent to developers or homeowners advising
the. that there is no guarant~e that Certificates of Occupancy will
be issued, and they will proceed at their own risK.
Responding to Commissioner Saunders, Mr. Arnold stated that
building permits applied tor prior to September 13,
1988 will receive
the Certificate of Occupancy, however, any applications after that
date will be subject to the testing requirements.
In regard to the
County's initiating their own testing, Mr. Arnold advised that the
fire flows in the area will be monitored.
Commissioner Saunders
suggested that a report be conducted of fire flows during "season" to
allow for changes.
ColUJllissioner Pistor - -:.~~rl when the additional line and pumping
station would be completed?
Mr. Arnold responded that the contract
tor the 16 inch water transmission line will be substantially
completed in 60 days, with an additional 30 days tor restoration of
the area.
However, he noted that the 10 inch water trans~ission line
will take more time to be installed due to the narrowness ot the road.
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OCTOBER 18, 1988
He suggested th6t the "enhanced regulatory controls" be implemented
until July 1, 1989 to allow for the implementation of t~e project and
improvements.
Mr. McLemore suggested that after the ~ompletion of the 16 inch
transaission line. Staf: provide the Board with an interim report in
mid-January which should indicate whether Staff is on "target" or not.
Mr. McLemore acknowledged the support and assistance provided by
the fire districts, the development community and Staff on the pro-
posed project, '1nd Ordinance.
He read the following "Findings":
1.
The September 19, 1988 completion and activation of the 30"
and 36" water transmission lines running from the Regional
Water Treatment Plant to Carica Road, and the completion and
activation of the 16" transmission line running from U.S. 41
through Audubon Country Club to Vanderbilt Beach Road had
improved tire flows to acceptable limits in all areas ot North
lIaples except Lely Baretoot Beach and commercially zoned pro-
perties on Bonita B~ach Road from Vanderbilt Drive to Lely
Barefoot Beach.
2.
The scheduled January 1, 1989 completion and activation of
the 16" water transmission line running along Vanderbilt Beach
Road from Audubon Country Cl~b to Bonita Beach Road and the
related pumping station should improve tire flows to accep-
table limits in the commercially zoned area of Bonita Beach
Road between Vanderbilt Drive and Lely Barefoot Beach.
3.
The scheduled June 1, 1989 co~pletlon and activation of the
parallel 10" water transmission line across Little Hickory Bay
to Lely Barefoot Beach should improve fire flows to acceptable
limits in Lely Barefoot Beach.
4.
During the period of "enhanced regulatory control" the com-
bined efforts ot water line construction and elevated peak
demand resulting from seasonal population increase would
result in substantial fluctuation of tire flows resulting in a
need tor more vigorous field testing to determine tire flow
reliability.
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OCTOBER 18, 1988
Mr. McLemore then read the following recommendations:
A.
A state of "enhanced regulatory control" should be implemented
in Lely Barefoot Be'1ch, the commercially zoned properties
located on thp south side of Bonita Beach Road between
Vanderbilt Drive, a~d Lely Barefoot Beach and the Little
Hickory Bay Planned Unit Dev~lop~ent beginning on October 18,
1988 and terminating on J~ne 1, 1989.
B.
During the dec13red state of "enhanced regulatory control"
Certificates of Occupancy in the designated areas should be
issued only upon certification of fire flows as jointly deter-
mined by the fire distri~ts of jurisdiction, and the Collier
County Utilities Division.
C.
During the period of "enhanc'?d regulatory control" cer-
tification of fire flows should be determined from the average
fire flow of hydr'1nt flow-test conducted in the effected areas
on four consecutive days, and more specifically conducted on
day 1 between the hours of 6 a.m. and 9'a.m., day 2 between
the hours of 9 a.m. and 12 p.m., day 3 between the hours of 12
noon and 3 p.m. and day 4 between the hours of 3 p.m. and 6
p.m., with no single test determining fire flow to be less
than 75% of the minimum required fire flow established by
County regulations.
Mr. McLemore stated that the above-mentioned Findings and
Recommendations were presented to the Planning Commission on October
14, 1988 and the Commission recommended three modifications:
1 .
The period ot "enhanced regulatory control" be extended from
June 1, 1989 to July 1, 1989. (To allow for seasonal impacts)
2.
Provision ot "enhanced regulatory control" retroactive to
September 13, 1988
3.
Amend the language in the section dealing with method of fire
flow testing, whereas flexibility will be allowed.
He indicated that the Task Force has no objections to these amend-
aent8, and also added that Staff will report to the Board in mid-
January with an interim report.
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OCTOBER 18, 1988
Mr. To~ Riddle, Chairman ot the Board ot Fir~ Commission of the
Little HickorY/Bonita area, thanked Staff and members of the Task
Force for their efforts in obtaining the needed water level.
He
stated that storage capabilities hav~ not been discussed, and the fire
flows should be updated to current standards.
He requested that the
Utilities Division notify his distri~t of any future meetings sche-
duled.
Mr. Arnold indicated that on September 13, 1988 the Utilities
Staff had been directed to proceed with the storage tank installation;
Mr. McLemore stated that presently Staff is revlewing regulations of
future standards for development.
H~ added that Staff will have a
reco:mendation for the Board in about 90 days.
In response to Commissioner Hasse, Mr. Arnold advised that the
master plan indicates that the water lines will adequately service the
area tor a period of 20 years, and the County is two years ahead of
schedule, as the City's agreement to service the area would be ter-
ainating in 1990,
Commissioner Hasse commended Staff for the improvements thus far
initiated.
Responding to Commissioner Pistor, Mr. Arnold stated that the on-
line system to be implemented will be part ot the project. and County
Manager Dorrill noted that currently Staff does not have the automatic
control of valv~s, which are controlled manually.
Hr. McLemore stated that Mr. Tom Taylor of Hole Montes is very
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OCTOBER 18. 1988
comfortable w1th Staff's approach in the m~tter, and once the storage
capacity is determined. it will mitigate the concerns of tire flows
substant ially.
Co..is.ioner Pistor moved, seconded by Commissioner Hasse and
carried unanimously, that the pu~lic hearing be closed.
County Attorney Cuyler advised that the Ordinance has been amended
to incorporate the recommendations of the Planning Commission, and-the
advertised Ordinance had indicated a broader area, however, the area
that will be subject to regulation ls the Bonita Beach Road, and Lely
Baretoot Beach areas.
H~ stated that the moratorium date has been
chan<;õ'ed froJ:l a or.e year period to July 1,1989; a var1ance proce-
dure can be initiated to acquire a building permit by meeting the
wapplicable tlows" or an agreement can be entered into to acknowledge
that the wapplicable tlows" will be met in order to obtain the
Certificate of Occupancy.
He indicated that the "flow testing proce-
dure" will also be incorporated into the Ordinance.
Co..issioner Pistor moved, seconded by Commissioner Goodnight and
carried unanimously, that the ordinance as numbered and titled below
be adopted and entered into Ordinance Book No. 32
Commissioner Saunders suggested that Staff inform the fire
distr1cts of any future meetings, and to keep them abreast of events
in their jurisdictional areas.
ORDINANCE NO. 88-79
AN ORDINANCE ESTABLISHING AnD IMPOSING A MORATORIUM ON THE
ISSUANCE OF BUILDING PERMITS OR, UPON COMPLIANCE WITH
SPECIFIED CONDITIONS, CERTIFICATES OF OCCUPANCY IN AREAS
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WITHIN THAT PART OF THE JURISDICTION OF THE COLLIER COUNTY
WATER-SEWER DISTRICT DESCRIBED AS:
Thos~ certain l'1nds located within Section 5. 6 and 7,
To~nship 48 South, Range 25 East, Collier County, Florida,
~ore particularly described as follows:
Lots 1 through 24, inclusive, Block 1. Bonita Shores Unit 1
as recorded in Plat Bool 3, Page 1, of the Public Records of
Collier County, Florida; and
Lots 1 through 1~, incl~sive, Block 2, Bonita Shores Unit 2
as recorded in Plat Book 3, Page 43, ot the Public Records of
Collier County, Florida; and
Lots 1 through 13, inclusive. Block A. Little Hickory Shores
Unit 1 as recorded in Plat Book 3, Page 6, of ~he Public
Records of Collier County, Florida; and
All of Little Hickory Bay Condo PUD as described in Collier
County Ordinance No. 79-6~; and
All of the lands described in OR Book 1236, Page 604, ot the
Official Records of Collier County, Florida, Containing 1.37
acres, more or less, and
Allot Sections 6 and 7, Township 48 South, Range 2~ East,
Collier County, Florida.
PROVIDING FINDINGS AND PURPOSE; PROVIDING THAT THE MORATORIUM
SHALL BE IN EFFECT FROM SEPTEMBER 13, 1988 TO JULY 1, 1989;
PROVIDInG A PROCEDURE FOR OBTAINING A VARIANCE TO THE
MORATORIUM; PROVIDING FOR CONFLICT AHD SEVERABILITY;
PROVIDING AN EFFECTIVE DATE.
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RESOLOTIOK 88-267, PETITION AV-88-01~, CHAMPAGNE BUILDERS, INC.
REQUESTING VACATION OF A PORTION OF THE DRAINAGE EASEMENTS ON PLAT OF
RIVIERA COLONY GOLF ESTATES TRACT HAP - ADOPTED
Legal notice having been publish~d in the Naples Daily News on
August 28 and September 4, 1988 as evidenced by Affidavit of
Publication previously tiled with the Clerk, public hearing was con-
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OCTOBER 18, 1988
tinued fro. September 13, 1988 to consider the vacation ot a portion
of the drainage easements on the plat of Riviera Colony Golf Estates
Tract Map.
Public Works Administrator Archibald advised that the above-
mentioned item is companion to Item 9B3, which relates to the final
platting of Riviera Golf Estates, Unit 4.
He noted that on September
13, 1988 the Board directed the developer to undertake certain
drainage icprove%ents, and reappear within five weeks.
He stated that
the developer has excavated a perimeter ditch that s11rrounds the
existing plat, as instructed by the Board.
Reterring to a sketch, Mr.
Archibald indicated that the development contains approximately 105
single-family lots.
He stated that a 25 toot easement existed around
the aajority ot the development, and further, indicated that the
question raised at the September 13th meeting was whether the ditch
would be able to handle the flow from Riviera Unit 4 and the adjacent
properties.
He stated that the d~veloper had recently met with
homeowners ot Cynthia Lane to attempt to resolve Some differences
and concerns.
He noted that the 25 foot easement will provide for
sufficient drainage in the area, and a privately owned 25 toot ease-
ment can be developed to further increase the capacity of the ditch,
He stated that the area outlined in "green" is a segment which con-
tains a ~O foot easement which will be proposed for vacation to
approximately 25 feet and a series of easements run from the golf
course to the perimeter ditch.
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OCTOBER 18, 1988
Attorney David Leigh, representing Champagne Builders, Inc., con-
curred with Mr. Archibald's repor~, and indicated that the original
development was begun in 1973.
He noted that the PUD originally
approved was tor the mobile home park, however, the 1978 PUD upgraded
the quality of homes t~ single-family residential, and decreased
the density from 403 to 346 units,
Mr. Michael Vranek, representing the petitioner, provided the
Board with pictures or the drainage ditch (Exhibit "A" on file with
t~e Clerk of the Board),
The pictures, Mr. Leigh stated indicate con-
ditions prior to improvements and after implementation of same.
Referring to Pictures 3 and 3A, Mr. Leigh indicated that the ditch
was completely blocked with vegetation, however, the developer has
cleared the whole segment.
In response to Commissioner Hasse, Mr.
Leigh stated that the improvements have been implemented within the
last couple of weeks.
He noted that Picture 5, shows a concrete head-
wall constructed from property owner Roger Smith's property which
protrudes 8 - 10 feet unto the petitioner's property, which might
require some adjustments.
He stated that a temporary sandbag weir has
been constructed to divert the flow down County Barn Road.
Responding to Commissioner Hasse, Mr. Leigh advised that the area
has been hydro-seeded.
He noted that the 25 foot drainage easement is
intended to drain the Riviera Golf Estates property and not the
surrounding properties; the present ditch will adequately handle the
rlow, and the improvements to the ditch will alleviate conditions to
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the surrounding area.
OCTOBER 18, 1988
In responae to Commissioner Pistor, Mr, Archibald 5tated that a
present struct~re allows water from Cynthia Lane to enter the ditch in
question; another 25 toot easement is available to the adjacent pro-
perties.
Hr. Troy Brown. prop~rtï o~ner, expressed concerns about th- dItch
in question, and requested assurance that the property owners would
not be flooded if the swales block, as well as an 80-acre undeveloped
parcel of adjacent property.
Hr. Archibald reassured Mr. Brown that the Sandbag weir is tem-
porary, and if the system continues to operate effectively, the water
will be drained off to the west.
He noted that presently there are
two outfalls and the capacity will improve.
He indicated that the
flow to County Barn Road has been reduced considerably, and the impro-
veaents will handle a 10-year storm event quite efficiently.
Hr. Roger Smith, property owner, stated that notification of the
public hearing had not been rec~ived by the property owners.
He indi-
cated that temporarily blocking the drainage ditch will not alleviate
present conditions.
He stated that the sandbags will prevent the
water from running down the ditch, and will naturally flow on the pro-
perties facing County Barn Road.
He stated that the culverts and swa-
les have not been redirected for flows to be led down to Rattlesnake
Ha=oc;; Road,
He stated that the original property owner dedicated
some property for egress and ingress and tor the sole purpose of main-
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OCTOBER la, 1988
taini~g the ~xisting drainage ditch.
He indicated that the property
owners need reassurance that the improvements will effectively drain
the water.
Referring to Mr. Smith's statement about the egress and ingress,
Co..issioner Saunders asked Mr. Archibald if Staff's recommendation
would change?
Mr. Archibald, reviewed the sketch on the wall, and
indicated that the County has 25 feet under the existing plats,
however, if the surrounding land is developed the County will request
an additional 25 foot easement.
He noted that a segment going west
towards the Lely Canal is the County's responsibility.
Co..issioner Hasse asked when Staff would be implementing the
aforementioned project?
Hr. Archibald responded that the job would be
initiated in the earlier part of 1989.
He indicated that presently
the County only has a public 25 feet easement plus an added 40 foot
easeaent.
Hr. Smith read a letter dated October 7, 1988 (Not filed with the
Clerk of the Board) from the County to Hr. Hinor regarding the
acquisition of a drainage easement from his property.
Mr. Archibald
stated that the purpose of the letter was for future consideration of
the property owners involved to donate an easement.
Responding to Commissioner Saunders, Mr. Archibald advised that
currently the County only needs a 25 foot easement, however, when the
SO-acre parcel is developed the County will require further drainage
1.provements.
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OCTOBER 18, 1988
Co..issione~ Hasse questioned the objective in vacating the ease-
ments, if the County would need them at some future date.
Mr.
Archibald stated that until such time as development is initiated in
the surrounding vacant parcels, Staff has no definite assurance where
an easement might be necessitated.
Hr. Archibal~ clarified for Comm1ssioner Saunders that the only
reason the County would need additional right-of-way would be if the
vacant property along Cynthia and Wendy Lane would change its
land use.
Hrs. Jackie Fleming, property owner, Riviera Golf Estates, pro-
vided the Board with some sketches ( Exhibit "B" filed with the Clerk
of the Board) and stated that the lots behind Cynthia Lane contain a
40 foot easement, and becomes a 25 toot easement to the north.
In response to Mrs. Fleming, Mr. Archibald advised that he has not
received the surveys of the work initiated, and Staff does not main-
tain survey grades for old ditches.
Mrs. Fleming delineated a map which Water Management Director
Boldt assisted her with and noted that Mr. Boldt h~d been very help-
ful.
She noted that the ditch behind Cynthia Lane runs west, north and
west through Queens Park, and the quarry lake also goes into the
ditch.
She stated that Picture 4 shows where the water goes under the
Florida Power & Light easement; she noted that Picture 8 shows that
the ditch in Queens Park is blocked.
She stated that Pictures 9 and
10 show the current conditions of the Lely Canal, which is blocked
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OCTOBER 18, 1988
with debris.
She stated that the property owners were of the
understanding that a conclusive determination would be initiated at
the aeeting held with the developers, and further,
they expected a
subsequent meeti~ç in this re5pect.
(Pictures are part of Exhibit "B"
and are on file with the ~lerk of the Board.)
Mrs. Ki. Smith expressed concerns about the stagnant water which
produces aosquitoes and other insects in the ditch, and noted that
the easement is not necessary.
Mr. Minor, representing Champagne Builder~, stated that the flows
from ~endy and Cynthia Lanes flow fron County Barn Road to the Lake
Champagne property.
He stated that the new ditch has immensely
i.proved the drainage in the area, and the side slopes will be seeded
and aaintained.
He noted that the ditch's capacity has increased, and
90' of the flows rQn to the interior of the project and into the golf
Course lake system.
He noted that Staff had assisted the developer in
determining the cross section, thus providing a ditch design,
He
req~ested the vacation of the 40 foot easement and the recording of
the plat as presented.
Mrs. Hary Ann Summy, President of Riviera Golf Estates Homeowners
Association, read a portion of the minutes of the Board of Directors
meeting of October 4, 1988, and requested that the Board approve the
plat for Riviera Golf Estates as reguested by Champagne Builders;
approve the reduction of a small section of easement from 40 feet to
25 feet.
She noted that 120 persons signed a petition to this effect.
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OCTOBER 18, 1988
Hr. Richard F. Jo~wig, member of the Riviera Golf Estates
Homeowners Association, concurred with Mrs. Summy that Champagne
Builders should be granted approval of the reque3t for an easement, as
they have iDproved th~ ditch as requ~sted by the Board.
Mr, Vranek stated that the 15 feet in question has not been used
as part of the drainage for Lake Champagne, and requ~st~d the vacation
of sa.e.
He noted that the developer has implemented a greater capa-
city to the ditch, however. the concrete block from Mr. Smith's pro-
perty i=pedes the drainage system.
In response to Commissioner Hasse, Mr. Vranek stated that in the
near future Mr. Smith would probably be requested to remove the
concrete block,
Co..issioner Pistor aoved, seconded by Comaissioner Goodnight and
carried unanimously, that the public hearing be closed.
Co..issioner Pistor 8oved, seconded by Comaissioner Glass and
carried 3/2 (Coaaissioners Goodnight and Hasse opposed) that
Resolution 88-267, Petition AV-88-015, Chaœpagne Builders, Inc.,
requesting vacation of a portion of Riviera Colony Golf Estates, be
adopted.
Responding to Commissioner Hasse, County Manager Dorrill advised
that the technical assistance of the Big Cypress Basin Board to review
and comment on this matter would provide assurance to the property
owner. who have concerns.
In response to Commissioner Saunders, County Attorney Cuyler
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OCTOBER 18, 1988
stated that the petitioner would not be able to initiate the work if
the review by the Big Cypress Basin Board is included as part of the
aforementioned motion.
Hr. Archibald reassured Commissioner Hasse that the capacity in
the perimeter ditch will handle a 10-year storm event; the outfalls
are sufficient. and when the 80-acre parcel is developed the water can
be retained in the County Barn Road $ystem.
Hrs. Fleming stated that Mr. Boldt had informed her that it would
be another two years before the County would be able to undertake the
1.proveaents to the Lely Canal.
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OCTOBER 18, 1988
Ite.9B3
PINAL PLAT OP RIVIERA GOLP ESTATES, UNIT 4 - APPROVED
Coaa1.sioner Pis tor moved, seco~ded by Commissioner Glass and
carr1ed 3/2 (Conaissioners 300dn1ght L~d Hasse opposed) that the f1nal
plat of Riviera Golf Estates, Unit 4, with the stipulation that the
final plat not be recorded unt1l the required improvements have been
constructed and accepted or until approved security ls received for
the uncompleted improvements and that all construction shall be
coapleted within 36 months, be appr~~ed.
..... Recess: 11:15 A.M. - Reconvened: 11:30 A.H. at which
time Deputy Clerk Kenyon replaced Deputy Clerk Mendez .....
It.. #5IB2
SUPPLÐŒJITAL AGREEMElfrS FOR CONSULTInG ENGINEERING SERVICES IN
PROGREss FOR VANDERBILT BEACH ROAD IMPROVEMENTS BY WILSON, HILLER,
BARTON, SOLL & PEEK, INC. - APPROVED
Public Works Administrator Archibald stated that this item is a
recommendation to approve a suppleme~tal agreement tor the planning,
design and permitting of Vand~rbilt Eeach Road between I-75 and C. R.
951, adding that the design firm was Wilson, Miller, Barton, SolI &
Peek, Inc. .and the project was undertaken in two phases.
He noted
that the first phase of the project was the preliminary engineering,
surveying and rights-of-way which cost 556,700 and Phase II of the
project was the actual design which i~volved a tour-lane roadway which
cost 886,900.
He noted that there was also a series of supplemental
agreements for a water management system and a control structure.
He
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OCTOBER 18, 1988
noted that Wilson, Miller, Barton, S~ll & Peek, Inc. have been
helping the Cou~ty in obtaining final perr.its and to obtain final con-
ditions of a ~itiçation program which involves not buying land on-site
to aitigate the wetland impacts, but to transfer that mitigation to
the Fahxahatchee Strand.
He noted that this means that two five acre
tracts in Golden Gate Estates will ~e purchased and converted fro~
Uplands to wetl~nds to meet the env~ronmental permitting requirements.
He noted that this agre~ment is for a final supplemental agreement in
the amount of S'.716,~7, noting tha~ this proJ~t is currently Under
construction and scheduled for Completion the early part of 1989.
In answer to Commissioner Hasse, Public Works Administrator
Archibald stated that in this contract, the permitting side is handled
similar to a cost plus because the laws continue to change as well as
the requirements for mitIgatIon.
H~ stated that there was no on-site
ability to mitigate and time and money had to be spent to determine
the controls and the conditions of off-site mitigation which was
finally approved by DHR and DER.
He indicated that this type of miti-
gation may also come up again when State Road 951 gets underway.
Co..issioner Pistor moved, seconded by Coaaissioner GoodnIght and
carried unaniaously, that the Board approve ot and validate atter-the-
tact Supplemental Agreements 6-8, inclusively in the total aaount of
821,854.82 and approve of and authorize the Public Works Admini8trator
to prepare SUpplemental Agreement No.9 in the amount ot $4,116.47 tor
re..ining contract services related to envIronmental mitigatIon
necessitated by Vanderbilt Beach Road improvements.
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OCTOBER 18, 1988
It.. #9Cl
AJnroAL REPORT 07 COLT,IER COUNTY FORESTER, CHRIS ANDERSON - ACCEPTED
Public Services Administr~tor O'Donnell stated that each year, the
County contracts with the State D1vi~ion of For~stry for $3,000 to
provide intorm'1~icn and education, urb~n fcrestry, fire control ~nd
forest Banagement.
He noted that Mr, Anderson will give his annual
report and presentation.
Mr. Chris Anderson, County Forester, stated that his duties encom-
pass providing technical assistance to the public similar to what the
County extension office is doing.
He noted that his specialty is in
the area of trees, ~dding that he provides technical assistance to the
Parks & Recreation Department and will be providing assistance in the
construction of the East Naples Park.
He noted that he will be pre-
paring a technical comprehensive report over the next year in the area
of aaintenance and care of the trees in County parks.
He noted that
he would like to see people enj~y trees by keeping them in good
condition.
He stated that one of his goals is to educate the public
in protecting trees around construction areas when they are building.
Coaaissioner Glass aoved, seconded by Commissioner Pis tor and
carried unaniaously, that the annual report at Collier County
Forester Chris Anderson be accepted.
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It.. '9C2
STAFF ADTHORIZED TO NEGOTIATE AN AGRZ£KENT BETWEEN COLLIER COUNTY AND
THE SCHOOL BOARD FOR THE PROPERTY EXCHANGE FOR THE FACILITIES ON THE
SCHOOL SITE IN IHHOKALEE - SUBJECT TO THE REDESIGN OF MASTER PLAN
BEING BROUGHT BACK
?ublic Services Administrator O'Donnell stated that this is a
follow-up iteœ as to what the Board directed Staff to do in May, 1988,
which was to work with the School District in regards to the Immokalee
Middle School, Heath Property land swap.
He noted that in May, 1988,
the School District officials advised the County that they were
desirous of swapping appro>:imately 14 acres of þroperty at the
Iaaokalee Hiddle School for the Heath property which had been donated
to the County for the express purpose of developing other operations
for the Community ~ark in Immokalee which would include a swimming
pool, a football/soccer field, children's playground and additional
p.rking.
He indicated that he thought the proposal seemed to be
wor~hwhile and he investigated further.
He noted that services ot
Wilson, Miller, Barton, SolI & Peek, Inc. were engaged for the design
of the community park system. adding that they did an analysis of the
existing structures on the Immokalee Middle School property and they
reported that the structures were approximately 30 years old and it
was recognized that there was a gymnasium, industrial arts building,
a band room, and Covered walkways.
He noted that for $604,000 that
would be inclusive of architectural, plumbing, electrical and other
aS8ociated rehabilitative costs, the facilities could be converted for
Page 24
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parks and recreation~l needs.
OCTOBER 18, 1988
He indicated that the Heath family has
indicated that they would not object to the swap of the property in
question, adding that there was a provision in the dedication of the
property that indicated that if the Heath property was not developed
as a park, it would revert back to the Heath family.
He noted
that there would be a transitional period of 18 to 24 months during
which the School District will need use of the facilities while they
are constructing the new Immokalee Middle School, adding that this
would not present a problem for the County as the County is antici-
pating a three year phase in of the facilities and currently the only
monies that have been budgeted is 5100,000 for the soccer/football
field.
He stated that he would anticipate that the 5604,000 be
handled Over a three year period of time whi~h would be approximately
5200,000 a year and would come from the MSTU in the Immokalee
District.
He stated that he is not asking for any financial Commit-
ment or any formal approval of the agreement as this will need to be
worked out between the School District and the County.
He stated
that he is asking that Staff be directed to formally negotiate an
agreement between the School District and the County for the exchange
ot the parcels; to establish a tunding of the improvement for these
facilities that will Come out of the HSTU and will also Cover the
cost of the operations; and to authorize Staff to engage the services
of Wilson, Miller, Barton, SolI á Peek, Inc. to redesign th~ Master
Plan tor the facilities.
He indicated that he would anticipate
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OCTOBER 18, 1988
programming this into Fiscal Year 1990 budget.
Commissioner Pistor stated that the Executive Summary indicates
that these buildings have been condemned by the State of Florida and
questioned if they can be reconstructed, to which Mr. O'Donnell
stated that they are simply condemned by the State as a school site,
adding that if the School District wants to build another school,
they have to hdve the approval from the State before they can build
an additional facility and the first facility becomes condemned.
noted that the structures are basically sound.
Commissioner Goodnight stated that the gymnasium was renovated
about 10 years ago and the only problems with the existing facility
are electrical and plumbing problems.
She indicated that she spoke
with the Heath family, noting that the County originally agreed that
the Heath property would be named the Sam and Elmer Heath Community
Park and he would request that this name be transferred along with
the land swap.
Co~issioner Saunders questioned if the Parks « Recreation
Advisory Board reviewed this matter, to which Mr. O'Donnell replied
affirmatively, adding that there was a special meeting called
regarding this matter and there was an affirmative vote of 3/0 to
proceed.
Com.issioner Saunders questioned if any of the redesign on this
project could be done in-house versus engaging Wilson, Miller, Barton,
5011 & Peek, Inc?
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OCTOBER 18, 1988
Hr. O'Donnell stated that he does not feel that this is something
that can be done in-house '1S it involves refiguring the Heath property
to the Iamokalee Middle School rite.
He stated that there are
drainage concerns, the parking, the playground area, and the
football/soccer field.
Coami8sioner Saunders indicated that he would like to see what
work is involved before proceeding on this matter.
He indicated that
~e would like to see the scope of services and the cost involved.
Coamissioner Goodnight stated that sh~ concurs with Com~issioner
Saunders, adding that she does not see a need for extensive work as
there is a sprinkler syste~ on the property, fill has been hauled in,
and there is probably only a need for some resodding.
Public Services Administrator O'~onnell stated that he would pro-
vide the Board with a separate SCope of services regarding the design
isLue.
CO~ssioner Goodnight aoved, seconded by Commissioner Pistor and
carried un.niaously, that Statf be authorized to proceed with the pro-
perty exchange for the facilities on the School site to include the
~iua, locker roo.., reception area, industrial arts building
excluding the band rOom; to negotiate an acceptable agreement for the
propoaed real estate exchange; that the funding of improvements to the
school site, specifically the rehabilitation costs and annual person-
081, operating and maintenance costs, be funded through the Parks and
Recreation 111 HSTD General Fund; and that Statt not be authorized to
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OCTOBER 18, 1988
proceed with Milson. ~iller, Barton, SolI & Peek, Inc. on the re-
design ot the M&.ter Plan but to have Staff bring back a saparat)
scope of .ervice. on this aatter.
Ite. #9C3
PRoPOSAL FOR ACQUISITION OF THE PINE WOOD LAKES COUNTRY CLUB AND GOLF
COURSE IN LAXEwOOD AS A COUNTY GOLF COURSE - REJECTED
Public Services Administrator O'Donnell stated that this is a
recommend~tion not to accept a proposal for Pine Wood Lakes Country
Club in Lakewood,
He noted that the owners of Pine Wood Lakes
Country Club and Golf Course submitted a proposal to the County for
acquisition and operation as a public golf Course.
He noted that the
eXisting golf course is a Par 54, 25¿ yard course located in the
Lakewood Subdivision surrounded by residential development.
He indi-
cated that the golf course has a 3,600 square toot clubhouse. a 15 x
10 yard Swimming pool and a pro-shop and maintenance facility.
He
stated that there is also a liquor license included within the
clubhouse.
He noted that Staff has estimated the costs of renovation
ot the existing tacilities to be $375,000.
He indicated that the
County would need capital equipment of another $352.000 and annual
operating for a staff of nine would be approximately $327,000.
He
stated that revenues derived trom the operation ot green tees as well
.s a concession agreement for the restaurant facility would be
approximately $189,000 to $250,000 predicated upon the number of
rounds of golf that are played and this would require a subSidy from
Page 28
the General Fund of $78,000 to $158,000.
OCTOBER 18, 1988
He indicated that the
acquisition cost would be an additional $570,000 and Staff does not
feel that this project is worthwhile.
He noted that the cost is
extensive and the revenues are not enough to make money on the faci-
lity.
He indicated that the location is also very questionable as it
is in the middle of a residential development and the fairways are
extremely narrow and close to people's back yards.
He noted that -
this could not be considered as a community park and, therefore, the
County could not get credit for it in the Growth Management Plan.
indicated that he is requesting that the Board ~eject this offer.
CO~ssioner Pis tor .oved, seconded by Commissioner Goodnight and
carried unanimoUSly, that the proposal for acquisition ot the Pine
Wood Lakes Country Club and Golt Course in Lakewood as a County Galt
Cour.. be rejected.
It.. #9Dl
RESOLUTION 88-268 AUTHORIZING EXECUTION OF A UTILITIES RELOCATION
AGRZEHzIT WITH roOT FOR RELOCATION/CONSTRUCTION OF WATER/SEWER LINES
ON S.R. 951 BETWEEN MAINSAIL DRIVE AND PORT-AU-PRINCE ROAD - ADOPTED
Assistant Utilitie~ Administrator Arnold stated that this item
addresses relocation of water and sewer facilities on S.R. 951 in Con-
junction with the ultimate widening ot that roadway.
He stated that
this agreement from FDOT is for the section of road from Mainsail
Drive to Port-Au-Prince Road.
He noted that this is a standard
agreement and the County will relocate or remove these utilities when
they so desire.
He indicated that there is about $2 million in
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OCTOBER 18, 1988
construction that will be 11ndertaken in this area in conjunction with
the roadway widening which is relocation, new water lines and new
sewer lines.
He noted that this is not all within the five year plan
for the CIP projects but the County has to be ready to go when the
FOOT starts their work.
He noted that at the present time this is
not budgeted and there is no fiscal impact with this resolution this
date.
He noted that FDOT is trying to get all their packages set up
and ready so that if and when this project is funded, they will be
ready to move forward on it.
In answer to Commissioner Pistor, Mr. Arnold stated that he is not
sure how much flexibility there will be with regards to funds for this
project in the near future, but if the projections for new customers
exceeds the County's expectations, those revenues could be diverted to
a project such as this one.
Hr. John Keschl questioned if these lines need to be relocated if
the State of Florida does not widen S.R. 951 and how old are the lines
and where do they end?
He questioned if these lines will go the
Deltona plant and if the taxpayers are going to pay for this or do the
people on Harco Island pay for this?
Hr. Arnold stated that the lines currently terminate at the road
leading to Isles of Capri, S.R. 952.
He indicated that there would
have to be some relocation which is a direct result of the roadway
construction and there will be upsizing done with that project as well
as Some new construction to meet water master plan projects and also a
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OCTOBER 18, 1988
sewer line tha~ will be part of the South County Regional system.
He
noted that if the widening of S.R. 951 goes through, this work will b~
done at one time so that the road is not disrupted after it has been
widened.
He noted that Deltona has their own ag~eements with FDOT and
they will be requiring them to enter into an agreement to relocate
their lines, at the pleasure of FDOT, because their lines are also in
the right-of-way.
Coaaissioner Pis tor 80ved, seconded by Commissioner GoOdnight and
carried unaniaously, that Resolution 88-268 authorizing execution ot a
Utilities Relocation Agreement with FDOT tor rrlocation/construction
ot water/sewer lines on S.R. 951 between Mainsail Drive and
Port-Au-Prince Road, be adopted,
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OCTOBER 18, 1988
Ite. .902
CORTRACT FOR conSTRUCTION OF A 16w TRANSMISSION MAIN, PHASE I
BO.ITA/LELY BAREFOOT BEACH IMPROVEMEnTS - AWARDEU TO T.A, FORSBERG
Assistant Utiliti~s Administrator Arnold stated that this item is
a companicn to the initial public hearing that was held regarding
regulatory controls that will be put in place in the Bonita Beach Road
area.
He stated that this is the 16" transmission main that will be
constructed along Vanderbilt Drive from the Audubon project through
'~
Bonita Beach Shores residential development and up Bonita Bea~h Road.
He noted that it is a participation agreement with Lely Development,
adding that they have contributed 50% to the anticipated cost of the
total construction.
He stated that this item is to award a contract
to T.A. Forsberg who was the low bidder through the bidding process
that Lely Development held.
He noted that the bidding process has
been reviewed by the County Attorney's office and they have determined
that all requirements have been met, but the contract is going through
so.e aodifications to bring it into conformance with the County's
standard contractural documents.
He stated that he realizes the
urgency of this issue and would like to proceed with this project by
Hoveaber 1, 1988, and therefore, he 1s aeking for approval of this
ite. s~bject to the County Attorney revising the few minor details of
the contract.
He noted that the total improvements in the area will
cost appreximately $791,000 and Lely Development is participating in
the aaount of $39~,807. adding that for the first phase project, the
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fiscal iapact will be $238,000 by th~ County for the Phase I share and
when the pump station design and the 10" water main line for Bonita
Beach Road is reddy, he will bring back a separate contract for that
project.
County Attorney Cuyler stated that the contract 1s a standard uti-
lity form and he has reviewed it, but there are some minor items that
need to be taken care of prior to execution.
Co..lasioner Glass ~led, 8econded by CO..i88ioner Pia tor and
carried unaniaoualy, that the contract fo~ construction of a 16"
transalsslon &ain, Phase I Bonita/Lely Barefoot. Beach Iaproveaenta be
awarded to T.A. Forsberg, subject to final review of the contract by
the Coun~ Attorney.
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Ite. '9Pl
STUDY R! FEASIBILITY OF THE COUNTY PROVIDING ADDITIONAL SERVICES TO
PELICAN BAY IMPROVEMENT DISTRICT - STAFF TO CO~ BACK WITH SCOPE OF
SERVICES AND TO DETERMINE WHAT CAN BE DONE IN-HOUSE BY STAFP
Assistant County Manager McLemore stated that this item is to seek
direction relative to th~ County providing additional services to
Pelican Bay Improvement District, adding that in the past the Board
has demonstrated an interest in the District and providing services.
He noted that at this time, bulk water servic~s are provided to the
District and he feels that it would be in the mutual interest of the
City and the County to look at the possibility .of the County providing
bulk sewer service.
He stated that there may be other opportunities
in looking at services where there may be a mutual interest to both
the District and the County, adding that approximately 2/3 ot these
efforts will involve a fea8ibility study that will involve water and
sewer facilities and would be vital in finalizing the overall utility
aaster plan.
Coami8sioner Saunders stated that he went through the list for the
scope of services and he feels that a lot of this could be done in-
house, like site visits to evaluate the general conditions of the
treatment plant facilities; evaluation of peak daily flows; monthly
water usage; operating reports; and status of consumptive U8e permits.
He stated that this could save the County from hiring an outside con-
suI tan t.
Utilities Administrator Crandall stated that some of the data
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OCTOBER 18, 1988
collection proce~s would involve Staff as well as visiting the site,
but when there is an interest in acquiring or taking over a facility,
it is important to have an outside opinion.
He noted that an outside
engineer would have an ~nbiased opinion about the facility.
He indi-
cated that some of the master planning efforts would be enhanced by
this study, adding that he does not see it as a major study.
He
stated that he feels that some of the expense of $30,000 could be cut
down by Staff doing Some of the work in-house.
Comaissioner Saunders stated that he would suggest that this Come
back to the Board after the scope of services is looked at and the items
eli8inated that Staff can do in-house.
He noted that Staff could do
the site visits, the evaluation of daily pump flows, etc. and then a
cost estimate could be prepared indicating what remaining items the
engineers will have to do.
Utilities Administr~tor Crandall stated that currently he is
limited on Staff with regards to Engineers because of the One-Stop
Shop.
Co..lssioner Saunders moved, seconded by Coaaissloner Hasse and
carried unanlaously, that Statf be directed to Come back with a
liaited Scope of Services of those things that cannot be performed in-
house by Statf after evaluating and determining what the County can per-
fora in-house with regards to providing additional services to Pelican
Bay I~rove..nt District.
County Manager Dorrill questioned if this means that the Board is
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OCTOBER 18, 1988
interested in pursuing this matter as long as some money is saved on
the evaluation, to which Commissioner Saunders stated that he has no
proble. with the project, adding that it is simply a question as to
how auch .oney needs to be spent.
IteJI .10A
EMZ:RGElfCY DECLARED. ORDINARCE 88-80 ESTABLISHING AND IMPOSING A
MORATORIUM OX 11ΠISSUARCE OF AllY PERMIT TO MOVE AllY STRUCTURE
IJrT'DDED FOR HUMJJr HABITAT INTO GOLDE1I' GATE ESTATES - ADOPTED SUBJECT
TO A MIXIMUM H\O~UAR! lOOT R~.QQJ.BEMEHT
County Attorney Cuyler stated this this item is advertised for
Hoveaber 8, 1988, tor a public hearing.
He not~d that there has been
an increase in requests for permits o~ this nature and in order to
avoid any permits being issued at this point in accordance with the
Board's intent, he prepared an emergency ordinance that establishes
and i.poses a moratorium on the issuance of any permit to move any
existing structure which is intended tor or constructed for human
habitation into Golden Gate Estates.
He noted that this ordinance
will be in place until November 8, 1988, and then at the public
hearing, the ordinance that is adopted then will confirm this ordi-
nance.
He stated that Mr. Urich of Youth Haven asked to be made aware
of any such ordinance that was to be presented to the Board, adding
that he has also asked to address the Board ~bout a specific
situation.
Co..1asioner Hasse moved, seconded by COmaiaaioner Saunders and
carried unanimously, that an eaergency be declared and a public
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OCTOBER 18, 1988
hearing held.
Mr. David Urich, Executive Director of Youth Haven, stated that he
was not aware such an ordinance was in process and on August 24, 1988,
a donor offered Youth Haven a house which has been tentatively
accepted.
He indicated that around the first of the month he learned
that he was in potential conflict with the proposed ordinance, adding
that he has a CUs~omer ready to buy the house which will be set on a
lot in Golden Gate Estates.
He indicated that the house is in good
condition and was inspected by the Building Department on October 17,
1988, adding that there are only minor things that need to be done to
bring it up to County code.
He indicated that the buyer of the house
would like to have permission to move this house, but the contract is
pending the issuance of the County permit to move the house.
He noted
that the lot is 1~0' by 660'.
He indicated that it will take (5 to 60
days to get permits which will have to be obtained from the City, the
County and the State.
He indicated that the owner wishes to have the
site vacated in 60 days.
1,900 square feet and has
was built in 1962.
He noted that the house is approximately
three bedrooms and two baths, adding that it
Coaaissioner Pistor stated that he thought the reason for this
ordinance was because of the small and dilapidated houses being moved
into the Estates area.
He noted that this sounds likes a well
constructed house that is 1,900 square feet.
He indicated that he
teels that there should be a square footage included in the ordi-
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OCTOBER 18, 1988
nance, like 1,500 square feet.
County Attorney Cuyler stated that if the main concern is square
footage, a provision for this could be included in the ordinance with
the Board makinç a specific ~lnding that their primary concern is
with regard to the smaller houses.
He noted that based on the con-
tact that Youth Haven has had with the Building Department, the Board
could find that there has been sufficient contact to exempt them
'-
fro. such a moratorium.
Hr. George Keller stated that the square footage is not the most
i.portant requirement, adding that the houses need to ~eet present day
building codes before they are Qoved.
Mr. McLemore indicated that the ordinance states that all building
codes must be met prior to the building being moved.
Co..i.sioner Pistor aoved, seconded by CO~is8ioner Goodnight and
carried unanimously, that the public hearing be closed.
Co..i.sioner Pistor aoved, seconded by Coaaissioner Goodnight and
car~ied unaniaoualy, that the Ordinance as numbered and titled below
be adopted and entered into Ordinance Book No. 32 subject to there
be~ a alniaua requireaent of l,ðOO square feet:
ORDINANCE 88-80
AN EMERGENCY ORDINANCE ESTABLISHING AND IMPOSING A MORATORIUH ON
THE ISSUANCE OF ANY PERMIT TO MOVE ANY EXISTING STRUCTURE WHICH
HAS LESS THAN 1500 SQUARE FEET OF FLOOR AREA AND WHICH IS INTENDED
FOR HUMAN HABITATION IliTO GOLDEN GATE ESTATES; PROVIDING FINDINGS
AND PURPOSE; PROVIDING THAT THE MORATORIuM SHALL BE IN EFFECT FOR
A PERIOD OF ONE (1) YEAR; PROVIDING FOR DECLARATION OF AN
EMERGENCY; PROVIDING FOR COIlFLICT AND SEVERABILITY; PROVIDING AN
EFFECTIVE DATE.
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OCTOBER 18, 1988
It.. øllAl&2
BtTDGET ~S 88-423/426 - ADOPTED
Coaal.sioner Pis tor moved, se~onded by Coœaissioner Haase and
carried unaniaously, that Budget Amendments 88-423 through 88-426 be
adopted.
It.. #12A
A¥XUAL SALARY INCREASE FOR THE COUNTY ATTORNEY - APPROVED
Coamissioner Haase stated that h~ asked that this item be put on
the agenda and noted that the 10% increase includes the 5% that was
received on October 1, 1988.
County Attorney Cuyler stated that he is in agreement with the 5%
increase on October 1, 1988, and an additional 5% at this time which
will become effective October 1, 1988, to make a total annual increase
of 10%.
eo..lssioner Glass aoved, seconded by Coaals.loner Haase. that
County Attorney Cuyler's salary be increased to 10%.
Hr. George Keller stated that the public has a right to know what
the salary is that is being discussed, adding that he feels that the
salaries are getting "top heavy".
He indicated that all top salaries
should be published in the newspaper.
He stated that he has no objec-
tiona to the services being received, but he is not sure whether the
salaries are in line or not.
Coamissioner Saunders stated that if this salary increase is
approved, the County Attorney will be making $1,000 a year less than
Page 39
OCTOBER 18, 1988
the Lee County Attorney, which is a good comparison.
Hr. N. H. Denizman, resident of Marco Island, stated that he
feels that this is something that should be discussed after the
November 8, 1gee, election.
He noted that the County is spending a
lot of aoney each year to hire oucside law firms to handle the liti-
9ation of the County, which is not always necessary.
He noted that
this matter should be discussed when the County Attorney's contract
is up for renewal.
Coaaissioner Hasse stated that he does not feel that the next
C~..issioners should be addressing this matter as the present
Coaaissioners know what type or work the County Attorney has been
doing, and it would not be fair to have new Commissioners judging
him.
Coaaissioner Goodnight indicated that the Board would be remiss
in not handling this matter at this time, as Mr. Cuyler's contract
date was August 17, 1988, and this is something that should have been
han1led a long time ago.
Hr. Richard Braun indicated that he feels that this is something
that should be handled by the Commission after the November 8, 1988,
election as the County Attorney will be working for new commissioners.
Clerk Giles questioned when Hr. Cuyler's contract calls tor a
salary increase, to which County Attorney Cuyler stated that he does
not know what the annual evaluation of employees will be at this time,
adding that under the new Pay Plan it is to be October 1, 1988.
Page 40
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OCTOBER 18, 1988
Finance Director Yonkosky stated that the S' that went into the
system was not in acccrdance with the contract that the Board has
with the C~unty Attorney and whatever the Board decides on for a
total percentage that the County Attorney should receive to stay in
line with his contract is what the motion should be.
Commissioner Saunders questioned if the motion is consistent with
Hr. Yonkosky's statement, to which Commissioner Glass and Commissioner
Hasse replied affirmatively.
Opon call tor the question, the action carried unaniaously.
Commissioner Saunders stated that this matter is not on the agenda
but he would like to bring the matter up, adding that the Board
approved a salary increase for the County Hanager in May of this year
which was 10' and then on October 1, 1988, there was an automatic S,
on top of that.
He stated that he feels that it is imperative that
it be deterøined what the intent of the Commission was in Hay,
questioning whether it was the intent of the Board that the increase
for the County Manager in May be the increase tor the year or was it
intended that there would be a 1°' increase in Hay and then an auto-
aatic 5' increase in October, which would mean a total lS' increase
or $10,000 for a snlary increase in one year.
He stated that when he
was presented with this item in May, he felt that the increase was
too high and he voted against it, but he did not contemplate that in
addition to this, there would be an automatic increase on top of
truat.
He indicated that the Clerk needs to know the intent of the
Page 41
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OCTOBER 18, 1988
Board.
Coamissioner Hasse stated that the automatic increase of the
County personnel was 5' and then there w~s an increase for ~fficiency
and operation.
He stated that when he voted tor an increase for Mr.
Dorrill, i~ was the idea that he was deserving of that increase then
which was about five months prior to his receiving the 5' increase
along with the other employees.
H~ indicated that he has proven his
ability and willingness in running the County properly and he has "~
objections to him receiving the additional 5' increase in October.
Coamissioner Gla~s stated that his intention was to give him the
1°' increase to bring him in line for coming on board at such a low
rate.
He stated that the additional 5' is for all employees.
Coamissioner GoOdnight stated that she concurs with Commissioner
Hasse and Coamlssioner Pistor indicated that he has no objection.
Co..issioner Saunders stated that tor the record, it was the
intent of the Commission that County Manager Dorrill receive the addi-
tiona15'.
It.. #12B
DISCUSSION RE CHANGE IN MAILING ADDRESS FOR NORTH COLLIER COUNTY - TO
BE BROUGHT BACJ:: WITH FURTHER IJO'ORMATIOR ArrER RESIDENTS IN THE AREA
HAVE ~ A ~ETING
Comaissioner Glass stated that there is a problem that has deve-
loped in the northern part of the County with regards to the Postal
Service.
He noted that there are a lot of people thbt live in this
County and invest in this County and they would like their mailing
Page 42
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OCTOBER 18, 1988
addresses reflected as such.
He not~d th~t there is a lot ot con-
fusion and concern over this.
He stated that he asked Mr. Ruff to
diacuss this matter.
Coamissioner Hasse state1 that he would suggest that the portion
of the County that is affected shculd have their mailing address in
Collier County.
Hr. Ed Ruff, Realtor, stated that he would appreciate the supp~rt
of the Coamissioners on this matter.
~..ioner Gl... aoved, seconded by Commi.sioner Haase, that the
Board adopt a resolution to the Dnited State. Ppstal Service 8UP-
porting the incorporation of the northern part ot the County back
into the postal syate. with service fro. the Collier County Maple.
Post Ottice to clear up any contusion that exists in the area.
Hrs. Emily Haggio, resident of Little Hickory Shores stated that
not all of the property owners want this c~:ange, adding that a
aajority of the people in the area know nothing about this.
She
sta~ed that this will ta~e the post office from two miles to 12 miles
away which will be extra time and dintance for people.
She stated
that the mailing address does not have anything to do with where you
live, adding that this matter is in regards to marketing the pro-
perty.
Co..i88ion8r Ha.se withdrew hi. second and Coaai.8ioner Gla..
withdrew hi. action.
Coaais8ioner Glass stated that he would su~gest that Hr. Ruff
Page 43
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OCTOBER 18, 1988
coordinate with the residents and then bring this back after they have
had a aeeting on the issue.
Hr. Ruff st&ted that he ~s concerned with the Barefoot Beach area
and if a change is going to be mad~, it should be done before the
growth is there, which will be in the next two years.
Co..issioner Saunders stated that more work needs to be done on
this matter, adding that he does not have enough information to
justify aaking any changes at this time.
Hr. Tom Riddle stated that he agrees with Mrs. Maggio, stating
that this matter is being used as a marketing tool.
He noted that
this is the first time that he realized a zip code could be used for
a status symbol.
Attorney Bruce Anderson. representing Audubon Country Club,
stated that they support Mr. Ruff's position, adding that half of
Audubon Country Club will have a Naples zip code and half will have a
Bonita Springs zip code.
He indicated that he has written to the
Postaaster and received the same form type letter that Mr. Ruff
received, adding that he would appreciate any help that the
Coaaission could give him.
Commissioner Saunders stated that he would need some information
indicating exactly what Mr. Anderson would like and then the Board
wl11 consid.r it at that ti...
It- #12C
BCC MZETIKG OF DEC~!R 27, 1988 CAKCELL!D
Coaaissioner Pistor DOved, seconded by Commissioner Goodnight and
carried unanimoualy, that the Board aeeting of December 27, 1988, be
Page 4.
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OCTOBER 18, 1988
cancelled.
Ite. #12D
STAFF DIRECTED TO LOOK INTO ZONING ORDINANCE AMENDMENT IN C-S DISTRICT
FOR AGRICULTURAL INDUSTRY TO ALLOW NIGHT WATCHMAN STRUCTURE TO BE
SEPARATE FROM PRINCIPAL STRUCTURE AND NIGHT WATCHMAN TO REMAIN ON SITE
O1fTIL STAn RETURNS WITP. SAID AMENDMENT
Coaaissioner Goodnight stated that she would like Staff to look at
the Zoning Ordinance tor C-5 District" adding that it does no~ allow
for a night watchman house or housing unless it is attached to the
principal structure.
She stated that in Immokalee, there are packing
houses where the night watchman is not in a structure that is attached
to the principal structure because he would not be able to sleep
during the day time it the packing house is operating.
She noted that
there is a travel trailer at the rear of the property where the night
watchman stays, but that is not allowed unless it is attached to the
structure.
~..ioner Goodnigbt aoved, .econded by Co..i..ioner Pi.tor and
carried unan~ly, to direct Statf to co.. back with a zoning aaend-
aent in the C-S Di.trict for agricultural industry to a allow night
watchaan structure to be separate fro. the principal structure and in
the interi., allow tbe existing night watchaan to remain on 8ite in
the travel trailer.
...
CO~s.ioner Pi.tor .oved, seconded by Comai..loner Haese
and carried unaniaously, that the following items be approved
and/or adopted under the Consent Agenda:
Page 45
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OCTOBER 18, 1988
Ite. "1',\1
Bt700ET .ua:JrDIŒJfT FOR THE TRANSFER OF PERSONHEL WITHIN DEVELOPMENT
SERVICES DEPARTME'!fT
Transfer of three Engineering positions within the Development
Services Department and the Budget Amendment required to transfer the
associated salary and o~erating expenses for those positions.
Ite. .141.2
APPROPRIATIOJl OF RESERVE FUNDS TO DEVELOP THE IMMOICALEE AND GOLDEN' GATE
AREA KASTER PLANS IN THE AMOOHT OF $70,000
Appropriate Depa~tment of Community Development reserve funds
to Develop.ent Services under Comprehensive Pla~ning in the sum of
$70,000 to complete the Master Plans.
Itea "1~
C.\RIIVAL PERMIT RO. 88-3, PETITIOJl RO. C-88-3C. ST. ELIZABETH SETOR
CATHOLIC CHURCH TO CONDUCT ANNUAL CARNIVAL RO"TEHBER 9-13, 1988
See Page
¡,¡,9- !t./-:J. ,
It.. "l'Bl - Moved to 9B2
It.. "1'B2
BUDGET AHEJfDKE.HT TRAXSFERRING $25.000 FROM GAC LARD TRUST REVENUE
ACCOCWT IKTO GAC LAND TRUST EXPEHSE ACCOUKTS TO REIMBURSE BIG
CORKSCREW ISLAND FIRE CONTROL & RESCUE DISTRICT
Item .14B3
FIJIAL PLAT OF LELY BAREFOOT BEACH, UHIT TWO WITH STIPULATIOn
Final plat not be recorded until the required improvements have
been constructed and accepted or until approved security i8 received
for the uncompleted impr~vement8 and that all construction shall be
coapleted within 36 months.
Page 46
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OCTOBER 18, 1988
It- #1484
FIKAL PLAT OF LELY BAREFOOT BEACH, UNIT 3 WITH STIPULATION
Final plat not be recorded until the required improvements have
been constructed and accepted or until approved security is received
tor the uncompleted improvements and that all construction shall be
co.pleted within 36 months.
It.. #1486
LAKE TRAFFORD MEMORIAL GARDENS CEMETERY DEEDS .557 AND .558
See Pages
L.¡L 9- /3, / - d.
It.. 61486
CAJfCEL COlITRACT WITH SPARXY S MAINTEXAlICE, INC., FOR GOLDEN GATE
PAJUXAY MZDIAlI MAIKTEJfAllCE 6& APPROVE COKTRACT WITH RB LAWJf SERVICE,
IJfC. THROUGH DECEKBER 31, 1988
See Pages CONTRAr.T NOT RFr.nVFD IN CLERK TO BOARD OFFICE AS OF
NOV. 3, 1988
It- #1487 - Moved to 987
It... #14Cl
TRA,¡lSFER OF HOKIES FROM THE GEKERAL FtTlfD TO FtTlfD 123 - COLLIER COUJfTY
SERVICES FOR SEJfIORS TO MEET PRIOR YEARS MATCHING REQUIREMEnTS IJf THE
AHOCJfT or 827,794.12
It.. 614Gl
AGREDŒJfT WITH FLORIDA DEPARTM:ENT OF COMMUNITY AFP'AIRS FOR DEVELOPMENT
or HAZARDOUS MATERIAL RESPONSE PLAN
See Pages
).j9-~"/-9
It- 61481
EXTRA GArJf TIME FOR INMATES NO. 49341, 60369, 57566, 57998
It.. 614H
MISCELLANEOUS CORRESPONDENCE PILED AND/OR REFERRED
Page 47
OCTOBER 18, 1988
There being no objection, the Chair d1rected that the following
correspondence be filed and/or referred to the various departments as
1ndicated below:
1.
Letter dated 09/29/88 from Thomas G. Pelham, Secretary, DCA,
re the amending of Rule Chapter 9J-5. Referred to Neil
Dorrill, Tom Olliff, Jane Fitzpatrick and filed.
2.
Letter dated 10/05/88 from Tony D. McNeal, Engineer, Bureau of
COastal Engineering and Regulation, DNR, re F1le Number CO-185.
Referred to Tom Olliff, Bill Lorenz and filed.
3.
Memorandum dated 09/27/88 from Peter N. Stowell, D1rector,
SOutheastern Area, DOT, re I~Plementing Transactions 1n "Whole
Dollars". Referred to Jeff Perry, George Archibald and filed.
.c.
Notice dated 09/23/88 from Florida Cities Water Company re
increase in seWer rates for Golden Gate Customers. Referred
to Neil Dorrill, Tom Crandall and filed.
5.
Letter dated 09/18/88 from Golden Gate Fire Control & Rescue
District changing their regular meeting day. Filed.
6.
Letter dated 10/10/88 from Sam 3. Colding re Property
Appraiser's Annual Reports for the year ended 9/30/88.
Referred to Lori Zalka and filed.
7.
Letter dated 10/10/88 from Bruce L. Scheiner, Personal Injury
Lawyer, to the BCC re James F. Smith. Referred to Sherry
Rynders and filed.
8.
Letter dated 09/28/88 from Sheriff Rogers re Sheriff's
Confiscation Trust Fund Third Quarterly Report - 1988.
Referred to Lori Zalka and tiled.
9.
Letter dated 09/27/88 from Sheriff Rogers re interest earned
On their acCOunts. Filed.
10.
Letter dated 10/05/88 from Mary Morgan, Supervisor of
Elections, re Second Primary Canvass. Filed.
...
Page 48
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OCTOBER 18, 1988
There being no further business for the Good of the County, the
aeeting was adjcurned by Order of the Chair - Time:
1:00 P.M.
",,"::- .
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BOARD OF COUNTY COMMISSIONERS/
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS
~
' URT L. SAUNDERS, CHAIRMAN
',. ('.
,<:.
ATitSTr -'
J~~ C..GILES, C~)RK
-' ' '.,
"
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.;~. ~
~ß;i//~u_~ . y'~..zr
These ainutes approved by the Board on
// /vfç
as presented
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or as corrected
Page 49
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