BCC Minutes 08/14/1987 R
'"
-
..
Naples, Florida, August 4, 1987
LET IT BE REMEMBERED, that the Board of County Commissioners in
and for the County of Collier, and alao acting as the Board of Zoning
Appeals and as the governinçr board(s} of such special districts as
have been created according to law and having conducted business
herein, met on this date at 9:00 A.M. in REGULAR SESSiON in Building
"F" of the Government Center, East Naples, Florida, with the
folJowing members present:
CHAIRMAN: Max A. H3sse, Jr.
VICE-CHAIRMAN: Arnold Lee Glass
John A. Pistor
Burt L. Saunders
Anne Goodnight
ALSO PRESENT: James C. Giles, Clerk; John Yonkosky, Finance
Director; Maureen Kenyon and Beverly Kueter, Deputy Clerks; Neil
Dorrill, County Mana~ ~r; Ken Cuyler, County Attorney; Ann McKim,
Planning/Zoning Director; Wanda Jones, Housing Programs Coordinator;
Dick Clark, Contractors' Licensing Supervisor; George Archibald,
Public \~o~ks Administrator; Kevin O'Donnell, Public Services
Administrator; David Pettrow, Community Development Administrator; Leo
Ochs, Administrative Services Administrator; Joe Magri, Building Code
Compliance Director; Tom McDaniel, Dave Weeks, and Robert Duane,
Planners; Sue Filson, Secretary to the Board; and Sergeant Dave
Johnson. Sheriff's Department.
Page 1
~DOK 106 FAr.E 01
\ I ;
¡ ~.~
~,- .~._-,~,",-,"......."---~,,,,"----
·r~.·
i····· .
.., ~'~
:1'"
, "~
'. '.
, "!'.~,;
¡.~.:>
: )~.,:~,:
" J:,
,to
~ø../::
~~~f..:
~~:',:.'
ij'
¡~
AUGUST 4, 1987
Tape Jl
Item 113
AGENDA - APPROVED Wn;¡ CHA:~GES
commissioner Pistor m~'ed, seconded by Commissioner Goodnight and
carried unanimously, that ~he agenda be approved with the following
changes:
1. Item l2C Added - Rnq'uest by Golden Gate Residents Assoc. re
waiving landfill fnes.
2. Item l4Bl moved from consent agenda to r~gular agenda as
Item 9B4.
3. Item 14B2 moved from consent agenda to regular agenda as
Item 9B5.
4. Item 12A re auditor selection to be heard immediately after
lunch.
Commissioner pistor mO'ó"ed, seconded by commissioner Saunders and
carried unanimously, that ]tem 7Bl, Petition PU-87-1C, be continued
for one week with the agreement of the petitioner.
Item t4A
MINUTES OF JULY 21, 1987 - APPROVED AS PRESENTED
commissioner Glass moved, seconded by Commissioner Pistor and
carried unanimously, that the minutes of July 21, 1987, be approved as
presented.
Item ':5A
JEANNE WAGNER RECOGNIZED AS EMPLOYEE OF THE MONTH FOR AUGUST, 1987
Commissioner Hasse reco]nized reanne Wagner as Employee of the
month for August, 1987, indicating that she would be receiving a
$50.00 cash award in her ne:<t paycheck.
Page 2
~OD; 106 PAr,~ 07
.~
c. ,~
ì?,
rt.,
<,~{,
" -~ .
'I
t·
,k. .'~I'
fg:, : '~Ií"1\
j& .
"t-ï;'
tl~,;
i1t,'I:
!~'\ .
1
103pn 08
AUGUST 4, 1987
Item ISH
EMPLOYEg SERVICE AWARDS
Commissioner Hasse presented Employee Service Awards to the
following employees:
Audie Snyder, Road & Bri~ge
Thomas Mitchell, Ochopee Fire Control
James Thomas, Parks & Re:reation
10 years (Not Present)
10 years (Not Present)
10 years
Item '6J31
ORDINANCE 87-61 RE PETITION ZO-87-1C, CO~~UNITY DEVELOPMENT DIVISION,
AMENDING ORDINANCE 82-2, BY ~DDING RESIDENTIAL/com1ERCIAL MIXED USE
AS A PROVISIONAL USE - ADOPTED
Legnl notice having been published in the Naples Daily News on
June 19, 1987, as evidenced ~y Affidavit of Publication filed with the
Clerk, public hearing was op~ned to consider Petition ZO-87-IC, filed
by the Community Deve10pment Division, requesting an amendment to
Ordinance 82-2, the Comprehe1sive Zoning Regulations for the unincor-
porated area of Collier County by amending Section 7.22, C-3,
Commercial Intermediate, Sub3ection 7.22.b.3(g) by adding
resident.ial/commercial mixed use as a provisional use.
Planner Duane stated that this petition was initiated by Bill
Vines an1 Associates to amen(1 Section 7.22 C-3. Commercial Inter-
mediate, Subsection 7.22.b.3Ig) by adding residential commercial mixed
use as a provisional use, HE' noted that staff reviewed this petition
and is in favor of it as it js a commonly accepted planning practice.
He indicated that currently there are no such st~ndards for mixing
residential and commercial uses within the same district other than a
Page 3
..
-
-
~OQ~ jl()f)F~': (J.t)
AUGUST 4, 1987
planned unit development district. He indicated that there are a
number of standards contained in the proposed ordinance to address the
compatibility of mixing resid~nti~l and commercial IJses which include
placing limitations on the hOL:rs of operation, separating ingress and
egress from commercial and re~,idential uses, placing limitations on
transient occupants, greater émounts of open space, tying the approval
of the provisionðl use to a sjte plan, placing limitation3 on the
locations of the residential uses as well as other sl~ndards that are
designed to develop a harmonic,us development with these Llses. He
indicated that Mr. Vines had b particular project in mind when they
proposed the amendment to thl!; particular section of the zoning ordi-
nance and after reviewing thejr request, a number of additional stan-
dards were added because staff wanted to broaden its applicability not
just to this particular project but on a county-wide basis. He
reported that th~ petitioner élOd staff are in agreement with all the
standards with the excepti00 élS to what formula will be used to deter-
mine the density. He stated that three alternatives were presented in
the Executive Summary with Alternative 2 and 3 being the focus of
discussie·n. He noted that Alternative 2 is to let setback, parking
and coverage requirements along with the height limitation set the
density for each individual project, keeping in mind that this is a
provisior.,al use. He stated that Alternative 3 is favored by staff,
which is to allow the existinH point rating system to govern residen-
tial density, which would takt! away some of the flexibility in terms
Page 4
. I .
. ...
. ,I ..
.. I .
. " '" .
. .. .. .." .... ..'
."__~_~._._____",".._,.._.·"v."."""Ü,"....,,,,...,·.,~",.
lOOK 106 flr.! 10
AUGUST 4, 1987
of reviewing these on a cas(~-by-case basis, adding that it would set a
density limit and eliminate some of the guess work and lessen the bur-
den would be placed on the ntaff in reviewing these r~quests. He
noted that staff favors the point rating system because he feels that
it is a more rational [.,¡d equitable basis f0r determining density
because it would be differerltiated based upon the location, adding
that by using the standards in the Comprehensive Plan, the adequacies,
the facilities, accesses and proximities to other services would
become a component in determining the number of residential dwelling
units. He stated that sinc(, the point rating system secms to work for
all other projects, the exiE;ting mechanism could be used for these
projects. He indicated that the CCPC made several changes in
reviewing this request and (,ne was to increase the height from two
stories to 50 feet which is currently the maximum height limitation
that is permitted in the C-; District. He noted that regardless of
which alternative is used rEgarding density, he would suggest that the
height limitation be from 5C feet to the two stories which was ini-
tially recommended by staff, because if a limitation is placed on the
height, the density will more or less determine itself in a reasonable
fashion. He stated that the CCPC recommended approval and Mr. Vines
and Mr. Varnadoe are in agreement with all the standards with the
ex~eption of determining residential density.
:=omJOissioner Pistor stated that this is aimed at correcting a lot
of problems that exist around the County, but he feels that there are
Page 5
-""""
-
.-.
-
-
...,__.. m'·<''""_...,......,··<·._·,._··"·,
AUGUST 4, 1987
some lnnguage problems regarding the hours of operation. He noted
that if there is a restaurant in these projects, it is difficult to
limit them to 6:00 P.M. as ~ost restaurants are open until at least
9:00 P.M. He noted that with regards to separation ~f the ingress and
egress, parking for residential structures cannot be enforced easily,
adding that people will park where there is a parking space. He noted
that with regards to the minimum floor area, this proposed ordinance
would make some places that already exist non-conforming. He noted
that with the minimum rental period of 30 days it would be difficult
to enforce. He stated that with regards to the density, the point
system is ~ore for a development than for a single building.
Planner Duan8 stated that the hours of operation would more or
less discontinue or not permit a restaurant to be allowed if it was
located directly below a residential unit. He noted that staff was
trying to discourage those kinds of uses at these locations. He
stated that one of the reasons for limiting the residential units
above the commercial structure to only 50% of the building pad would
be to allow some flexibility for those 1~es to be located preferably
in the corner of the building but not directly above a restaurant. He
stated that with regards to separating ingress and egress, the site
plan would play an important role in trying to set aside parking spa-
ces in a location that wou~d be separate frGm the packing spaces for
com~erciól structures. He stated that a site plan could be approved
that would overcome some c<)ncerns about mixing residential and commer-
Page 6
~m ID6r:(.: 11
\:,..
'~,
:~f''f~
t -.!
-~ ¡, .
, -~.
,'i~:;',
, \~I:'
.¡"-:
.;:Jt
"
.'
i?, ,ao\{ 106 n'·t 12
.'.t',~" ,
~, AUGUST 4, 1987
~ cial uses. He reported ttat thp period for rentals is being suggested
as a minimum of one week cccupancy, adding that there are provisions
in the zoning ordinance that place limitations on transient occupancy
for less than a week. He stated that some of the provisions may be
hard to enforce, but if they are attached to a site plan and contained
in the Zoning Ordinance, staff could follow through on complaints
through the typical enforcement means.
CQmmissioner Pistor stated that his proposed ordinance states a
minimum of 30 days for rental and not one week and with regards to the
parking, if someone wanted to park in the commercial area because it
was closer to their residence, they co~ld park there and it would be
difficult to designate re$jdential and commercial parking for a par-
ticular building.
Planner Duane stated that the limitations on transients has been
changed to a minimum of one week.
In answer to Commissioner Hasse, Planner Duane stated that staff
recommends two stories for the height limitation because that is the
industry standards, adding that if this is approved there would be no
density restrictions as the site development standards would determine
the density by taking into consideration the parking, and the 30% open
space that is being requir=d.
Mr. William Vines of Vines and Associates stated that he filed two
applications for the Barro, Collier Compa¡,y wnich was to accommodate a
particular project in the ~anderbilt Beach area. He stated that the
F,
,^ '
~:' Page 7
1t:; , '
~:'
t
{;'
:~\
\,;
,..
-
-
- -- ---,-,- - -- --
AUGUST 4, 1987
District is C-3, which is t.he kj~d of district that is mixed commercial
residential and that is pr(!dominantly what the area is. He noted that
the district is nearly built out and the reason that it is built this
way is because in years pa~;t the zoning ordinance had a provision in
it exactly like the one thllt is being proposed this date. He noted
that the only problem he hilS with the proposed ordinance is that Staff
mod if ied some standards from those which were in the peti tion that was
filed and by doing this, the project will be prohibited that he
planned. He noted that Barron Collier Company's plan for that project
is a modp.st building, two ntories in height, adding that it is on an
entire block that is a little over an acre and the use intensity pro-
posed is far less than pernitted by thz current C-3 District regula-
tions. He noted that the (Jp.nsity should not be a concern because
setbacks, building heights. parking requirements and open space
requirements will limi t th,~ amount of development that can occur on
any site in the commercial district and by mixing commercial ~nd resi-
dential uniLs, the intensi~y is not increased at all.
Tape ¡'2
Mr. Vines stated that the specifics of his project will be
discussed in greater detaiL next week, but it in entirely appropriate
in the location and it is 10t over-built, addillg that in order to
resolve the problems of th~ standards in thr; district which will
resolve the point count matter, the use of tt.e ':::omprehensive Plan's
point count system to determ:J1e the number of dwelling units per-
~~c; 106 PÂ(.~ 13
Page 8
~OOK 106 p~r,r 14.
AUGUST 4, 1987
mitted is not in the proposed drðft ordinance presented by Mr.
Vðrnadoe and the hours of operation limitation has also been deleted.
He !itated that he is requesting that the ordinance as proposed by Mr.
Varnadoe be approved.
Mr. F. P. DiBlasi stat.ed that he has been watching the development
of Vanderbilt Center and Vanderbilt area since 1969 when he first
purchased land there. He stated that he is interested in the proposed
change of the zoning ordir,ance because it is going to regulate what
has existed and what should continue to exist. He stated that he
fully supports the proposed change as it would be for the good of
everyone.
Attorney George Varnaêoe stated that the differences between what
he proposed and what staff proposed are contained under Item 7A. He
noted that staff proposed a formula mechanism for determining density
based on the comprehensive plan point system which is an inappropriate
use of the comprehensive plan point system as it was designed to
determine density in resid:ntial areas when they are being zoned from
an agricultural or other U3e. He stated that this property is not
being rezoned in large tra,:ts to a residential UEe but simply trying
to determine what types an,3 how much of residential use would be
appropriate in another zoning district. He stated that although it
does provide a formula thai: gives a set amoUlI:~, it takes away the
flexibility of the Board of County Commissioners to a certain extent
to use some creativity in these zoning dibtricts. He stated that what
Page 9
..
-
-
-
_.--"--
AUGUST 4, 1987
is b3ing suggested is that the number of units be determined by com-
patibility with the neighborhood and also determine the amount of com-
mercial use in the C-3 zone now. He referred to the language in Item
7A, noting that it is almost a copy out of the City of Naples' ordi-
nance on how they approach it and the first part of the second sen-
tence is out of the staff report and one of the alteri\atives was to
control the number of units hy setback, parking, and other site deve-
lopment requirements. He stated that what has been incorporated is a
requirement out of Mr. Vine'E: original petition that in no instance
would the residential part of the use exceed 50% of the gross area of
the building, which would th~n keep the basic commercial aspects of
the district and allow the residential use as an accessory use and not
allow it to become the primary use.
Commissioner Pistor stated that if the height of the buildings is
being limited to two stories and a maximum of 50% for residential is
used thaI: would be appropriate, but if the CCPC wants to limit it to
the second floor and above, t1en the 50% would be a limitation.
Attorney Varnadoe stated :hat a project was designed that everyone
liked and the two story limitation was in direct response to the
staff's request, adding that it is his opinion that limi ting this par-
ticll.l:'lr district to two storing may be too re5trictive. He noted that
the 50% capability would give the flexibility but still keep the basic
character of the neighborhood. He stated t~=~ he is trying to get
away from the use of the comprehensive plan point system for deter-
Page 10
MOl: 106 p~r,r 15
Y'"'l'
,
,. .
¡ .
......,.::.. ....
..,...-
..- -,,-
_."-'.'-"''''-'"''~'''' "''''''' '. ,~., ."",,~,,----",,,._-
î';
"i.'.,./. ff...i>
~' 'Jr"
, .~::
,,"'"
í. '.' -
5~"- ,
~';" aoo~
;~
1"-.
106 m~ 16
AUGUST 4, 1987
mining density in that district.
Planner Duane stated that staff's initial recommendation was two
stories and feels that it is 3n appropriate stan~ard. He noted that
with regards to the point rating system it is not as far off as some
might suggest, bu~ with regarjs to the limitation on the two story,
3taff would not strongly take objection to abandoning that particular
system.
Commissioner Saunders stated that the petition that is being dealt
with would only permit mixed uses in the C-3 District and questioned
what uses are currently permitted in the C-3 District, to which
Planner Duane stated that nei~hborhood commer~ial type districts with
predominnntly retail, baking 3hops, sporting good stores, and grocery
stores are permitted in the C-3 District, and gas stations as a prin-
ciple uze.
commissioner Saunders mov·:!d, seconded by Commissioner pistor and
carried unanimously, that the public hearing be closed.
Commissioner Pis tor stated that he could go along with either
ordinanc(! providing that item 7B is eliminated regarding th~ parking
spaces and Item 7C regarding the ingress and egress.
Commissioner Pistor moved, seconded by commissioner Goodnight,
that the Ordinance as presented by Mr. Varnadoe and numbered and
titled below be adopted and entered into ordinance Book No. 27 with
the deletion of Item 7B regardi~g the parking spaces and Item 7C
regarding the ingress and egress.
PageJl
..
-
-
..
~'''^,.~"""._, ."..",,,"~~,~_..,,..._<,.,.._v,...~_^__._
!
!
AUGUST 4, 1987
Commissioner Saunders questioned if included in the proposal is
the two-story limitation to which Commissioner pistor replied affir-
matively.
Commissioner Saunders questioned the determination for density, to
which Commissioner Pis Lor stated that he is leaving that in.
Commissioner Saunders questioned if the hours of operation would
be deleted, to which Commissi~ner Pistor stated that the hours of
operation are not in Mr. Varnadoe's proposed ordinance.
Commissioner Saunders stated that Mr. Varnadoe mentioned the maxi-
mum of 50% being residential, but he does not see this in the draft
ordinance.
Mr. Varnadoe stated that on Page 2, under 7A, it is covered in the
last part of that paragraph.
Commissioner Saunders stated that he has no problem with the maxi-
mum number of dwelling units being determined in a more flexible
manner according to the system Mr. Varnadoe has outlined, but it seems
that the parking spaces shoJld be controlled even though it is dif-
ficult to enforce.
Commissioner Pistor sta~ed that he doec nnt see how the parking
spaces can be separated according to residential and commercial and
p~aple are going to park wherever it is convenient.
Upon call for the question, the motion carried 4/1, (Commissioner
Saunders opposed).
"
Page 12
~Oû~ 106 PAGt 17
.. i#__"""'.~_'"
, "".i'
, :1-'" '
.'.: ,',.'
'I}
-'~' ,
"'.itt-,,·",
¡":.
'.,!OOIí
rt~-~·
".,""."
'"v_.
t;~
106 m,t 18
AUGUST 4, 1987
ORDINANCE 87-61
AN ORDINANCE AMENDING ORDINANCE 82-2, THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UN[NCORPORATED AREA OF COLLIER COUNTY BY
ADDING MIXED RESIDENTI/\L AND COMMERCIAL USES AS A PERMITTED
PROVISIONAL USE TO 7.2:Z C-3 - COMMERCIAL INTERMEDIATE ZONING
DISTRICT, SUBSECTION 7.22.b.3); BY ADDING SUBSECTION 7.22.c (7)
AND BY PROVIDING AN EF:"ECTIVE Dl',TE.
Item (l6B2
ORDINANCE 87-62 RE PETITIO~ R-87-8C, PACIFIC LAND COMPANY REQUESTING A
REZONE FROM A-1 MH TO I FOR A VEGETABLE PACKING FACILITY IN IJ1MOKALEE
- ADOPTED
Legal notice ha~ing be~n published in the Naples Daily News on
July], 1987, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened to cunsider Petition R-87-8C, filed
by Pacific Land Company requesting a rezone from A-l MH to I for a
vegetable packing facility, for property located on the north side of
CR-846 approximately 1.5 miles east of the intersection of North First
Street and Main Street, in Section 2, Township 47 South, Range 29
East, ±65 acres in Immokalee.
Planner Duane stated that surrounding la~ds are zoned industrial
anà ^-l and is predominantly vacant. He noted that the proposed pro-
ject complies with the Comprehensive Plan and the petitioner agrees to
all the stipulations including the one that the CCPC placed upon him
which is that the developer shall provide an east bound left-turn lane
on C.R. 846 at the project entrance. He noted that this is an
appropriate IJse in the appropriate location, adding that Staff and the
CCPC recommend approval.
, .
Page 13
-
..
-
AUGUST 4, 1987
commissioner Saunders moved, seconded by Commissioner Pistor and
carried unanimously, that the public hearing be closed.
commissioner Saunders moved, seconded by Commissioner Goodnight
and carried unanimously, that the ordinance as n"lmbered and titled
below be adopted subject to the Petitioner's agreement and entered
into Ordinance Book 27:
ORDINANCE 87-62
AN ORDINANCE AMEI.;DING ORDINANCE 82-2 THE COMPR.s;ŒNSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF COLLiER COUNTY,
FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER
47-29-1 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED PROPERTY LOCATED ON THE NORTH SIDE OF SR 846 (IMMOKALEE
ROAD), APPROXIMATELY 1.5 MILES EAST OF THE INTERSECTION OF NORTH
FIRST STREET AND MAIN STREET IN SECTION 2, TOWNSHIP 47 SOUTH,
RANGE 29 EAST, ~ 65.23 ACRES FROM A-I MH TO I; AND BY PROVIDING
AN EFFECTIVP DATE.
Page 14
&DO~ 106 PAr.E 19
.) (' ~"
I" -.
; ¡)
.,
AUGUST 4, 1987
Tape '3
Item f6Cl
ORDINANCE 87-63 REPEALING OJ:DINANCE 84-80 RE AUCTIONS, ETC. - ADOPTED
Legal notice having bee~ published in the Naples Daily News on
July 16, 1987, as evidenced by Affidavit of Publication filed with the
Clerk, public he3ring was o~ened to consider a proposed ordinance
repealing County Ordinance 84-80 which e~tab~i~hed regulations and
requirements for auctions, auction businesse~. and auctioneers.
Countý Attorney Cuyler stated that this is a routine matter that
was handled by his office, adding that this ordinance repeals an ordi-
nance that is currently in effect as this area haD been pre-empted by
the State of Florida and the counties no longer regulate this area.
He stated that in the sense Jf zoning, the Cuunty will still regulate
it but not directly through the previous mechanisms. H~ noted that
anything that is done is now done through t~e State of Florida and the
only thing that the County r~quires is the occupational license.
conunissioner piator move'~, seconded by commissioner Goodnight and
carried unanimously, that th~ public hearing be closed.
Comnlissioner pistor movet1, secondeO by Commissioner Saunders and
~8rr.ied unanimously, t~at thf) ordinance as numbered and titled below
be adopted anO entered into ordinance Book No. 27:
onDINANCE 87-63
AN ORDINANCE REPEALING OHDINANCE NO. 84-80 WHICH ~STABLISHED
REGULATIONS, PERMIT REQU::REMENTS, AND BOND REQUIREMENTS, RELATING
TO AUCTIONS, AUCTION BUS::NESSES, AND AUCTIONEERS; PROVIDING
CONFLICT AND SEVERABILIT~~; t>ROVIDING AN EFFECTIVE DATE.
Page IS
..
-
-
.11
-
-
AUGUST 4, 1987
Item '7Al
RESOLUTION 87-173 RE PETITION CCCL-87-1, SOUTH SEAS NORTHWEST CONDO,
REQUESTInG A VARIANCE FROM THe CCCL FOR A SAND FENCE - ADOPTED
Legal notice having been ?ublished in the Naples Daily News on
July 19, 1987, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was ope1ed to consider Petitio', CCCL-87-l,
requesting a variance from th:! Coastal Construction Control Line for a
sand fence along the beach to maintain the existing and new dune
system on the beach.
Mr. ;rim Burch, Natural Resources Management Department, stated
that thii3 is a request to ere=t a sand fence along the seaward edge of
condominium property on Marco Island, adding that this is a wooden
structure designed to promote sand accretion 1nd to slow beach and
shore erosion of the condo property. He stated that the recommen-
dation is for approval subject to the stipul~tion as contained in the
Executive Summary.
Commissioner Pis tor ques1:ioned if there is ð fine due to the fact
that this is an after-the-fact variance, to which Mr. Burch replied
negative~ly, adding that this was erected on an emergency basis so that
the beach would not be furth8r eroded.
Commissioner Pistor stat9d that these things need to be stopped as
there seems to be a lot of i~ happening lately.
Commissioner Saunders stated that based on what staff has indi-
cated, this would not be the ap~ropriate case to penalize the pet i-
Page 16
I,Oú~ 106 PAr,~ 23
800~ 106 PAr.e 24
AUGUST 4, 1987
tioner.
Mr. Burch stated that t.he fee has been paid and essentially
everything has been done that would have been done in a regular cir-
cumstance except that it WélS done after-the-fact.
County M~nager Dorrill stated th~t matters like this are rather
routine and it would have required a petition because it is seaward of
the coastal control line, adding that it is better to have an after-
the-fact permit as opposed to having never permitted the activity at
alL He stated that staff r~commendation is for approval.
ce,mmissioner Saunders ¡ßoved, seconded by commissioner pistor and
carried unanimously, that ~he public hearing be closed.
Commissioner pistor m~led, seconded by Commissioner Goodnight and
carried unanimously, that Resolution 87-173 re Petition CCCL-87-1
reque£lting a variance from the coastal Construction Control Line for a
sand f.ence along the beach to maintain the existing and new dune
system on the beach be ado'.?ted.
Page 17
~' j ~
-
-
..
-
-
-
. iii:
I'.".·.m.;,:....'...
. . ~F'::
;.
.i.~
X·
~¡
-¡':"
~. ,
't.'
',,'¡(
,t: Item t7A3
RESOLUTION 87-174 RE PETIT:[ON FDPO-87-4 BY MARCO aAY ASSOCIATES AND
~GLER'S COVE CONDOMINIUM ;\SSOCIATION REQUESTING APPROV~L OF A
VARIA1!CE FROM THE MINIMUM 3~SE FLOOD ELEV~TION FOR A PORTION OF
TRACT A, MARCO BEACH, UNIT 4 - ADOPTED
AUGUST 4, 1987
Legal notice hñving be·~n published in the Naples Daily News on
July 19,1987, as evidence·j by Affidavit of publication filed with the
Cler.k, public hearing was Jpened to consider Petition FDPO-87-4 filed
by Marco Bay Associates anj Angler's Cove Condominium Association
requeuting approval of a v~riance from the minimum base flood eleva-
tion required by the rlood Damage Prevention Ordinance on property
described as a portion of rract A, Marco Beach, Unit 4.
Planner McDaniel stated that this property is located at the
corner of Bald Eagle Drive and North Barfield. He stated that this
project has 10 buildings with 3 of them being double buildings con-
nected, adding that they are four-story. He stated that all the
buildings except Building "L" are a series of rectangular units and it
is a condo/hotel facility. He noted that these buildings are four
story and the bottom layer of units is below the flood plain and
should have only limited usage. He indicated that Building "L" was
built later and is somewhat different, adding that the buildings that
will be discussed are Budding "L" and Building "C". He indicated
that in January, 1987, a letter was received indicating that there
were numerous violations of State and County codes at this co~plex,
addin9 that staff made an inspection and there were violations of
MC~ 1D6~·', 27
Pðge 18
800~ 100 '~r,r 28
AUGUST 4, 1987
numerous codes and many of them were violations to the flood ordi-
nance. He noted that the (,wners agreed to correct the violations that
they could and then they wculd apply for a variance on the items th~t
they felt would be a great hardship to correct. He stated that the
violations in Building "F" consisted of a craft room where crafts were
being made, and the video çame room with 10 or 15 video machines. He
reported that he is giving the prel~minary information on both peti-
tions, but would like them separated when it is time to vote on the
matter. He noted that in Euilding "C" one of the bottom units was
being used for a maintenance shop and offices. He indicated that in
Building "H" there wa~ a paint shop and in Building "M" one of the
units had been enclosed and carpet put in and had been equipped for an
exercise room according to the letter that was received, but the only
flood violation was that it had been enclosed without a permit as
there 'ff~S no exercise equipment in the room at the time of inspection.
He indicated that Building "L" has areas below the flood plain that
can be used for parking, limited storage of items to be used off pre-
mises, and access to upper floors, adding that it was found that there
was a beverage storage room that had a cooler in it, a can wash room
with wðter softeners, a receiving office equipped with desk and
chairs, an employee lunch room and office that was fully equipped and
another room that was equipped as a banquet room. He stated that in
the lobby orea, there were two desks and it was being used as office
spac7. He noted that building permits were issued, but not for work
Page 19
--
-
-
,--
--
-
AUGUST 4, 1987
that is being described below the flood plain, adding that this work
was not shown on the originnl building permits. He reported that
areas below the flood plain can only be used for storage, parking and
access to the upper floors. He stated that he has not made another
inspection, but he has been told that a lot of this has been
con"ected, noting that the video room and craft rOOI" that .Iere in
Building "F" have been removed, the maintenance shop and offices are
the subject of Petition FPDÜ-87-4, the paint shop has the proper paint
lockers as this was a fire code and flood code violation. He stated
that the workbench and tool area has been removed and therefore, it is
now proper storage. He indicated that Building "M" that had the unit
ençlosed on the end without a building permit has been corrected, the
banquet room in Building "L" has had the furnishings removed and
reverted it to storage. He ~oted that Building "L" also had an air
conditioning unit that had to be removed which was done, adding that
in the can wash room, the wa~er conditioners were moved up so that
only the bottom part of the ~ank was below flood.
Commissioner Pistor questioned why there is a problem with a
beverage cooler being in the beverage room, aãding that if it floods
they will probably lose it, but it is not é\ human life?
Mr. McDaniel stated that there cannot be fixed equipment that is
subject to flood damage of ary kind, even at one's own risk. He noted
that when the flood ordinance was adopted it was stated that all
construction, substantial improvements, and fixed items are to be ele-
Page 20
&DO~ 106 PAGt 29
106 m,t 80
AUGUST 4, 1987
vated above the flood plain.
County Attorney Cuyler slated that the basis of the flood ordi-
nance is not so much for the protection of life a~ it is the mechanism
by which regulations are set and the insurance will be based on. He
noted that the Federal Government is interested in making sure that
the liabilities are limited.
Commissioner Saunders qU~3tioned if too many variances are granted
could there be problems with FEMA in terms of the flood insurance in
the County and is this a con3ideration, to which County Attorney
Cuyler replied affirmatively, adding that the Board of County
Comrnissioners has to be careful as they do check the variances and
make sure that the Ccunty does not grant so many variances that the
insurance considerations cause a problem to the Federal Government.
Mr. McDaniel stated that Petition FDPO-87-4 is for Building "C",
adding that the two petitions wer~ separated due to the ownership of
the buildings. He noted that in Building "C", the maintenance shop on
the ground floor is at elevation 6 f~et and the existing flood
requirement is 10 feet and, therefore, a 4 foot variance would be
needed to keep it there. He stated that most of the usage would be
storage and the area that there is work going on involves machinery
that cannot be on an upper floor due to the dirt it creatp.s and the
size of the machinery. He stated that in this case, he feels that
there is a legitimate hardship and they need this machinery for their
continu(~d operation and staff is recommending that this variance for
Page 21
..
-
-
-,""", _..~
AUGUST 4, 1987
the maintenance shop for Building "C" be approved.
Att~rney Anthony Pires, representing the petitioners, stated that
on Petition FDPO-87-4C involving Building "C", he would request that
staff recommenàatio~ be followcñ in granting this variance.
Tape t4
Mr. John Keschl stated that when the inspection yf these buildings
were made, he went along and found that there wpre numerous viola-
ti~ns. He stated that some buildings did not have fire extinguishers,
there was very little ventilation, and there were people smoking in
areas where there were flammable gas tanks and cans of paint. He
indicated that there are rep~rts with serious violations of Building
Codes and Fire Codes and the Commission should read over these reports
before any decision is made ~n this matter.
Building Code Compliance Director Magri stated that the items that
Mr. Keschl has referred to were fire code violations and they have
been corrected and inspected again.
Mr. Keschl questLoned how this building could get a "CO" with all
the violations and the equipment on the ground floor, to which Mr.
Magri replied when the "CO" was issued the buildings were in compliance
and these things have occurred after-the-fact.
commissioner Saunders me.ved, seconded by Commissioner Goodnight
and carried unanimously, thnt the public hearing be closed.
Contmissioner Saunders moved, seconded by Commissioner Goodnight
and carried unanimously, that Resolution 87-174 re Petition FDPO-87-4,
~oo~ 106 PAr,~ 31
Page 22
106 W,t 32
AUGUST 4, 1987
Marco Bay Associates and Angler'. Cove Condominium Association be
adoptad.
.
Page 23
-
-
AUGUST 4, 1987
Item t7A2
RESOLUTIO~ 87-175 RE PETITION FDPO-87-5 BY MARCO BAY ASSOCIATES
REQUES'l'ING APPROVAL OF A VARIANCE FROM THE MINIMUM BASE FLOOD
ELEVATION ON A PORTION OF THACT 1\, MARCO BEACH, l'NIT ~, BUILDING ilL" -
ADOPTEI:!
Legal notice having been published in the Naples Daily News on
July 19, 1987, as evidenced by Affidavit of Publicat~on filed with the
Clerk, public hearing was opened to consider Petition FDPO-87-5 filed
by Marco Bay Associ3tes requesting approval of a variance from the
minimum base flood elevatiorl required by the Flood Damage Prevention
Ordinance on property described as a portion of Tract A, Marco Beach,
Unit 4, Building "L".
Mr. McDaniel stated that with regards to this petition, staff
started getting phone calls in 1983 from engineers saying that they
were having some of their cErtifications returned to them by the
insuran=e people as there was some problem between what the County was
permitting and approving anå what FF.MA would approve as far as the
lowest floor. He s':ated thõt in 1984, FEMA issued a lowest floor
clarification in which they outlined the conditions that had to exist
for a floor to be truly not the lowest floor for insurable purposes.
He stated that the big change that effected Collier County was that
the enclosed areas below the flood plain that are legally usable for
parking and storage now had to have openings to the outside so they
could positively flood. He stated that notices were sent out to the
concerned people, but during the course of this Building "L" was under
Page 24
~OûK lOR W,[ 35
,___~d"_'~ _ ~*,...._,__...."""..."._".".,__",_.-.,..-".._,."_~,~,~,..__,,,,,,,._"'c'
r.OOK
106 m~ 36
AUGUST 4, 1987
construction. He stated that he met with the applicant's architect in
October, 1984 on site in order to outline the new rules. He noted
that he w~nt over the plans with the architect as to what new rules
would have to be adhered to and what changes would h£le to made to the
plans. H~ reported that when the "CO" was issued everything was in
compliance. He noted that after the complaint was received and he
went to the site and looked at the building, the applicant agreed to
delete the banquet room, adding that he is making provisions for the
can wash, but the beverage storage cooler, the receiving office, the
lunchroom and the office for the employees as well as the office in
the lobby is critical to the operation according to the applicant. He
stated that he agrees with the receiving office having a desk and
chair, but that is the only bonafide hardship that would require a
ground floor location. He noted that the building was designed for a
hotel with all its functions and anything that was overlooked in their
design stage was a hardship that they created for themselves. He
noted that staff is recommending approval only of the portion of the
variance request for the receiving office.
Commissioner Glass stated that the only thing in the lobby is a
few pieceB of furniture and a small desk and if there was a hurricane
this equipment could be moved upstairs and questioned why there is
objection to thatí
County Attorney Cuyler stated that the Board needs to be cautious
and avoid that type of consideration because any petitioner who comes
Page 25
..
-
-
~""~..
-'" """
AUGUST 4, 1987
i~ and asks for a variance is going to be able to say that they will
mov~ their furniture in the Event of a hurricane.
Commissioner Glass statec that the other consideration is that
there is nothing there except. for people standing around when they
come in from a bus and waiting for an elevator, to which Mr. McDaniel
stated that this is what they approved.
Commissioner Pistor stated that it is difficult to believe that a
couple of chairs in a waiting area is a hazard.
County Attorney Cuyler stated that there could be an arg~ment made
for the lobby, but that same argument would not extend to the lunch-
room, tte office or the beverage storage room.
Attorney Anthony Pires, representing the Petitioner, stated that the
petitioner would be willing to stipulate that the furniture would be
removed in the event of any ~¡torm or disaster. He noted that the
petitioner feels that the lobby, the lunchroom and the office area are
critical to the operation of the business. He stated th~t under the
terms of the ordinance no increase of flood height will result and all
the other criteria have been ~et for grantin3 a variance in this
sit~ation. He stated that he is requesting approval of this variance.
commissioner Saunders moved, seconded by commissioner pistor and
carried unanimously, that tho public hearing be closed.
Commissioner Saunders stated that he initially thought about
moving the furniture up3tairn in the event of a storm warning, but Mr.
Cuyler has stated that this nhould not be a consideration in the
IIOOK 106 w.~ 37
Page 26
r ~. '
. ,
. .
..... . .
. '
': .
. .
'I't"\
:.}
..1'/::
),'("
""~:
r;1\', .
~",
if'1CCl 38'
'.r 'DOK II p,r.~
1J
AUGUST 4, 1987
granting or denial of this fetition.
He stated that the question
simply should be whether this use is considered to be essential to the
hotel operation and if it j~5tifie5 granting a v~riance. He
questioned if the p~titioner has proven that there is a hardship, to
which Mr. McDaniel stated ttat it ia subjective as to whether the
Board of County Commissioners has proven their hardship or whether it
is self-created.
Tape '5
Building Code Compliance Director Magri stated that he is con-
cerned about setting a precedent if this variance is granted, adding
that they are trying to meet the requirements of FEMA and when the
County gets audited, there ore concerns.
Mr. McDaniel stated tha~ the quality of the variance is what
counts and this is one of those that hurts the County.
cODU11issioner Gla~s move·", seconded by Commissioner Goodnight, that
Resolution 87-175 re petiti~n FDPO-87-5, Marco Bay Associates, be
adopteel to include the cooler in the beverage room, the lunchroom,
the lobby, and the receiving room, based on the fact that it is a
necessity to the hotel as it exists.
Commissioner Saunders stated that he has to go e.long with staff
recommendation, adding that this may be essential but it does not seem
that it was essentidl when the hotel was built in the first place and
he does not feel that this shoul~ be permitted. He stated that he
would agree with leaving scme of the furniture in the lobby area, but
Page 27
I"
-
-
AUGUST 4, 1987
he could not agree to the other aspects of the variance.
Commissioner Hasse st3ted that he concurs with this, adding that
the rules are established and people constantly violate them.
Upon call for the question, the motion carrieð 3/2, (Commissioner
Saunders and Hasse opposed).
~~:,: 100·,·· 39
Page 28
. ,
\._~
_.__.~."n.·_·__.
.------._--_.. ---.--.----,---.
-.--'-.,-. ---,-_.
&OQ~ 106mt 42
AUGUST 4, 1987
***
Recess: 11:05 ~.M. - Reconvened: 11:15 A.M. at which
time Deputy Clerk Kueter replaced Deputy Clerk Kenyon.
**"
Item #7A4
RESOLUTION 87-176, PETITIOJl V-S7-7, ROBERT D. D1\VFIN REQUESTING A
VARIA!rCB FROM THE REQUIRED FRONT YARD SETBACK ON PLANTATION ISLAND -
ADOPTED WITH STIPULATIONS
Legal notice having been published in the Naples Daily News on
July 19, 1987 as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened to consider Petition V-87-7 filed by
Robert D. Daffin, requesting a 20.6 foot variance from the required
front yard setback of 25 f(,et to 4.4 feet, for property located on the
north side of Flamingo Drive, East, approximately 100 feet east of
Egret Lane in Section 24, Township 53 South, Range 29 East (Plantation
Island) .
Planner Weeks stated that the subject propert~ is located on
East Flamingo Drive on Plantation Island and is zoned Mobile Home
Subdivision. He said the petitioner made application for a building
permit on December 21, 1986 which was reviewed and approved, however,
when the survey for a Certificate of Occupancy was performed, it
revealed that the mobile home sits on the lot differently than what is
shown on the site plan.
Mr. Weeks displayed a drawing of the lot and the location of the
mobile home explaining that the lot is irregular and the mobile home
is too long. He stated that thè building permit was approved based on
Page 29
..
-
-
, " . '. .
. . .
.,
"'~-"''''''''~<"'"_''''~~'~_~--''"__'''''''''''''' ".=......"~,<~..,."..."..____,_~~·..~H....~'_.".__
~DOK 100 P.lí.[ 43'
'Page 30
AUGUST 4, 1987
a legal survey which was in E!rror and the lot is actually smaller than
indicated on the original survey. He said that the petitioner's
mobile home is 66 ft. long ard the lot will accommodate a mobile home
up to 58 ft. long.
Mr. Weeks stated that the mobile home encroaches 20.6 ft. into the
front setback and 1.6 feet into tne utility easemen~ which runs along
East Flamingo Drive.
Mr. Weeks noted that the petitioner maintains that other mobile
homes in the subdivision ~lso encroach on setbacks and it appears that
most are legally non-conforming because of their age. He said there
is one which appears to be a blatant violation, across the street from
the petitioner, which is bein;¡ investigated at the present time.
Mr. Weeks advised that St~ff recommends denial because no land-
related haróship exists becau3e a single or double-wide mobile home of
the proper length will meet the setbacks of the subject property.
In answer to Commissioner Plstor, Mr. Weeks stated Staff has tried
to resolve the problem, howev(!r, the mobile home is simply too long,
even if placed diagonally on the property. Commissioner Pis tor stated
his concern that a surveyor could be off by almost 30 ft.
Replying to Chairman HassE', Mr. Weeks stated that it appears that
someone is living in the mobile home.
Mr. Robert Daffin, petitioner, stated the reason he chose a 66 ft.
long mobile home is because the plan showed plenty of room on the pro-
perty. He said he called for a tie-down inspection, plumbing inspec-
. .. . " . . . ~ ,
. .,.
~ ~- ,--,--'"..."--,,--..-....._-"'..,,~"'-',"'''~.'.,_.
aOOK 106 r,r,r 44
AUGUST 4, 1987
tion, and electrical inspection and all were passed. He said he
assumed that if there had bean something wrong the inspectors would
have said something at the time of the first ins~2ction. He noted he
has even had his driveway put in.
Mr. Daffin advised that during a discussion with the Engineering
Department he was told he could place the mobile home straight on the
property.
In answer to Chairman Hasse, Mr. Weeks stated that based on the
site plan, the mobile home could have been 66 ft. a~d still be within
the setbacks, however, the site plan was wrong.
Commissioner Saunders asked Mr. Daffin if the mobile home could be
placed diagonally on the lot to minimize the setback violation? Mr.
Daffin stated that it is not possible because all plumbing and
electrical hook-ups have bee~ completed. Mr. Weeks stated that if the
rear of the mobile home were moved to the opposite corner of the pro-
perty, it would at least remove the mobile home from the utility ease-
ment. He also showed the location of the septic tank in the western
portion of the property.
Commissioner Saunders asked Mr. Daffin if he was faced with moving
the rear of the mobile home to the opposite corner of the property as
his only option, would it be possible to do so? ~r. Daffin replied
that if that is his only cho~ce, he will move it.
commissioner Saunders moved, oeconded by commissioner pistor and
carried unanimously, that tho public hearing be closed.
Page 31
..
-
-
,----_."
"-"<--,---,--,,,~,,;-,,,""...,~-,~.........,,,_....-,,,-~,,,-,,,"",.,. ._,......"...............,""'..._.,~,...,,.."'--...--~,.--.__._...
AUGUST 4, 1987
commissioner Saunders moved, that Resolution 87-176, Petition
V-87-7, Robert D. Daffin roque sting a 20.6 ft. variance from the
required front yard selback for property located on the north side of
Flamingo Drive, East, be adopted with the following stipulations:
1. The mobile home be placed diagonally across the property to
minimize the varian=e required.
2. Mr. Daffin is to me~t with Staff to make certain that the
exact location is t~e best location to minimize the encroach-
ment.
3. Relocation must tak~ place within 60 days from today.
Tape '6
During discussion of the motion, Mr. Glass asked why Mr. Daffin
is al10Hing someorle to occupy the mobile home without a Certificate of
Occupancy? Mr. Daffin repli~d that his 17 year old married son has a
3 month old baby and needed 3 place to live.
Commissioner Glass seconded the motion which carried unanimously.
Note: Resolution not received in office of Clerk of the
Board as of 8/11/87.
aD&~ jl(}l)PJr.r ~
Page 32
. ~ ~ J
--
b"""__""·~·_""'"'~
, '
~~ 106 Plr.~ 46
AUGUST 4, 1987
Item '7B2
PETITION PU-87-1C, DR. NENO J. SPAGNA, REPRESENTING ST. VINCENT DE
PAUL SOCIETY NAPLES DISTRICT COUNCIL, REQUESTING PROVISIO}IAL USE "d"
FOR A CIVIC FACILITY - DENIED
Plðnner Weeks advised that this petition is requesting Provision
use "dO of the RMF-6 Zoning District for a civic facjlity to allow for
expansion of off-street parking and the conversion of the existing
single-family residence into administrative offices and a food distri-
bution center.
He stated that lands to the north are occupied by the
existing St. Vincent DePaul Society, off-street parking and principal
structure; to the west are occupied by single-family residences;
and to the sout~, across Ccnnecticut Avenue, are single-family re~i-
dences.
Mr. Weeks stated that ~hile Staff finds the request to be in
compliance with the Comprehensive Plan, they feel the neiJhborhood may
be in a transitory phase dlle to the number of lots on Connecticut
Avenue abutting commercial zoning which fronts on Davis Blvd., and
also the close proximity to Airport Road commercial frontage. He
stated that introducing a non-residential lalld us~ into an existing
residential neighborhood if; not a compatible land use and integrating
a non-residential use into this neighborhood, at this location, may
even accelerate the transit.ion of land uses to non-resid8ntial.
Mr. Weeks stated that ~jtaff recommended denial to the CCPC,
however, they also recommended cf':tain stipulations be placed on the
petition if the CCPC recomnended approvaL He said the CCPC unani-
Page 33
fl.v¡ß":-W"·¡-- r:-.::ìiiiiiiiiiï'.....~ '".' .'
~~~.~<r....~·::.."~:_· .:' .:~".~~ <>.
;,. ,,::- .
. ...,
.:'.;...,...."....~...'.;"
" .~. "'.-
-'"
., '
.-. -
~
__.~.,___ ~,~.,,~~o,··__.,·'^_,_,_·'^~~···....··~"·'·_··"~,·~,·'-"
0'" ,~_.. ,~.... ,. ,. ~,: .,
AUGUST 4, 1987
mously recommended this petition for approval subject to Staff's sti-
pulations, and an ~dditionel stipulation that there sh311 be no future
expansion to the west on Ccnnecticut Avenue.
In answer to Chairman EassL, Mr. Weeks stated that the house is a
one-story, single-family residence.
Commissioner Pistor stated his feeling that while this property
backs up to commercial zoning, people arc living in the houses and it
is utili a residential neighborhood.
Dr. Neno Spagna, representing the petitioner, stated that the use
being requested is far frorr being commercial. He stated that the
petitioner operates a thrift shop on Davis Blvd. just north of the
subject property, where pecple buy merchandise. He stated it is not a
typical store since all items sold are donated and the money is used
exclusively for free assistance to the public. He said the organiza-
tion receives no outside f~nds and only uses what is earned in the
store.
Dr. Spagna stated that the petitioner also operates the
"Meals-on-Wheels" Program and the "Help-on-Wheels" Program which are
also funded from the store.
Dr. Spagna advised that the only activity on the property in
question will be a couple cf offices for coordinators of the two
programs.
He said the only traffic will be a panel truck delivering
the food around 10:00 a.m. and the volunteer drivers picking up the
food for delivery routes around 11:00 a.m. He assured the Board there
Page 34
M;C~ 106 p~t;r 47
>
. ,
~"
\ð¡~'.
,jf.;,
~"
!~«i
~,
j'.
I~: aOOK 106 f'lf.t 48
AUGUST 4, 1987
would be no comn,ercial activities from that builðing. He also stated
that they have agreed to a stipulation by the CCPC that a fence be
placed on the subject property to insure that people from the store do
not use Connecticut Avenue as an exit.
Ms. Amy Marcum, Connecticut Avenue resident, stated her family has
lived on this street since 1954. She said it is a quiet neighborhood
with new, as well as old, homes and p~ople take pride in their proper-
ties. She stated that she feels it will be quite a while before the
neighborhood becomes transitional and rp.quested the Board to deny the
petition.
Dr. Spagna stated that there will be no outside lIghting other
than one security light, the house will be painted, and they have
agreed to landscape the prJ,erty.
Commissioner Pistor st3ted that the purpose of using an adjacent
piece of property is to extend the parking for the store. Dr. Spagna
stated that the front yard will be lawn and shrubs and the back yard
will be an extension of the store parking lot and there are plans for
about 12 parking spaces adjacent to the current store parking lot. He
reiterated that people using that lot will be entering off Davis Blvd.
and will not be able to eXJ.t onto Connecticut Avenue because the peti-
tioner has agreed to install a fe~ce.
In answer to Commissioner Saunders, Mr. Weeks stated that if the
Board wishes to approve thjs petition, Statf would like a stipulation
stating that the use is limited L~ "Meals-on-Wheels" for this peti-
. Page 3S
,..
-
-
AUGUST 4, 1987
tioner only. He explained that this stipulation would insure that if
the property were sold, it would revert back to single-family zoning.
commissioner pistor mo,red, seconded by Commissioner Glass and
carried 4/1 (commissioner Saunders opposing), that Petition PU-87-7C,
Dr. Neno Spagna representing st. vincent DePaul society - Naples
District council, requestir.g provisional use "d" of the RMF-6 zoning
Distriot for a Civio Facility, be denied.
Item '7B3
RESOLUTION 87-177, PETITION PU-87-6C, WILLIAM C. MC ANLY AND
ASSOCIATES, REPRESENTING MID-ATLANTIC PET DISTRIBUTORS, REQUESTING
PROVISIONAL USE "m" OF THE A-2 ZONING DISTRICT FOR AGRICULTURE FOR
PROPERTY LOC~TED ON GREENWAY ROAD - ADOPTED
Planner Weeks stated that this request is for a fish farm to be
located at the northerly enj of Greenway Road, approximately one mile
north of U.S. 41 East. He 3tated that the surrounding lands are zoned
agricultural and are used f.,r that purpose. He stated the subject
property has also been used for agricultural purposes. He advised
that the aquaculture facil~\:y will be composed of 200 small ponds for
raising 25 species of freshl/ater fish. He added that the fish will
not be raised for food, but rather for home aquarium use.
Mr. Weeks stated Staff finds the petition to be in compliance with
the Comprehensive Plan and recommends approval. He said ,there are
several stipulations and mont deal with environmental concerns, and
the Environmental Advisory Council and the Collier County Planning
Commission have recommended approval.
aoOK 106 PAq: 49
Page 36
,LP ;>~d
,,~"..~._"'.."'___......_ ,",_, ,_. ,~,,,,,,,_,,,,,,,_;_,,,,,,,,,,,__~_~,,,,,_,,,.,,,*,,~~,",..,,,,,,,,,,,,,.,,_,,.,,,...~,,,,"'~"·'>'~___"""""''''''''''_''''-''N~",.~;'.'i'''"'''.'···''····'
t:
\~l~
tt '&OÛ~ 100 PAr.r 50
~, '
.¿{~
AUGUST 4, 1987
Mr. Weeks outlined the subject property on a wall map showing that
there is a portion of the ~arcel which is not joined to the rest of
the property.
Mr. William McAnly, reprellenting the peti tior.er, stated that the
lake ponds will need to be excavated and left in their natural state.
He added that they will not bE! lined. He advised th~t the south por-
tion of the site which is not joined to the rest of the property will
be for the fish farm accessory uses and will not contain any ponds.
He added that the piece of property in between the two pieces is owned
by someone else. He said the sale of the fish will be on a wholesale
basis only.
Mr. folcAnly stated that the fish being raised are 25 species which
do not compete well with na~ive fish. He stated that the Florida
Fresh Water Fish & Game Commission is not concerned with the type of
fish being raised and they will be transported from the Southwest
Regional Airport in a van that has been modified to carry tanks of
fish.
Mr. McAnly explained that there are a number of these facilities
in Hillsboro~gh County ~nd thE!Y have never had a complaint or problem
from either nuisance or from the fish getting into county waters.
Mr. John Keschl, resident, stated that the issue raises several
questions, and asked what tYpE! of back-up materials were submitted.
Commissioner Glass advised Mr. Keschl that all information was sub-
mitted to the EAC and CCPC and tl.ey have recommended approval with
Page 37
-
-
-
.,.,~"...~_",_,.._..._·__",..._.......".-,·;"".d'_",.·)..".~_·,·,,____-,.__~,."~.._.......".,,,
~~
~
'jl
t:,
I' h'<'
, ih
, ~: ,
, ',1;
~'rt'
'f.;
I\Æ',
fr
mî
-
-
'!
AUGUST 4, 1987
stipulations. Commissioner Glass noted that the State is encouraging
aquaculture activity and Collier County is a good area for it.
commissioner Goodnight u,oved, seconded by commissioner pistor and
carried unanimously, that P.~solution 87-177, Petiti~n PU-87-6C,
william c. MCAnly and Associates, representing Mid-Atlantio Pet
Distributors, requesting provisional use "m" of the A-2 Zoning
District for Aquaculture be adopted.
\. ! Î ' ,~, ....' ~
Page'38
~OOK 10B Pl.r.~ 51
I { (,
~-i, \ j '..
~
-
-
AUGUST 4,1987 ;;
Item f9BS
EXCAVATION PERMIT NO. 59. 27S1 FOR MID-ATLANTIC PET DISTRIBUTORS -
APPROVED WITH STIPULATIONS
Public Works Administrator Archibald stated this excavation permit
is for a fish farm which will be excavating 200 pond! with varied
depths in the neighborhood of 4 to 6 ft. He stated the actual size of
the ponds will also vary. He added that the applicant will not be
allowed to remove any fill from the site.
rn answer to Chairman Hésse, Mr. Archibald stated that the ponds
will contain natural soil and will not be lined. He said the trick
will be to maintain the pro~~r water levels which will be controlled
through a series of pumps which will pump water from one pond to
another. He also noted that this is a very standard procedure.
Commissioner Goodnight ~oved, seconded by Commissioner pistor and
ccrried unanimously, that E7.cavation Permit No. 59.279 for
Mid-Atlantic Pet Distributors be approved with the following stipula-
tions:
1. The excavation shall be limited to a bottom elevation of -3.5
ft. ngvd. All disturbed areas proposed for lake excavation
shall be excavated to a minimum elevation of -3.5 ft. ngvd.
2. If rock is encountered in the excavations, side slopes may be
steepened to 0.5:1 from the top of the rock to the bottom of
the excavation.
3. No excavate~ material shall be removed from the project site.
4. Where groundwater i3 prevo sed to be pumped during the exca-
vating operßtion, a Dewatering Permit shall be obtained from
the South Florida W,lter Management District and a copy pro-
vided to the Water ~anagement Dir~ctor for his approval prior
to the commencement of any dewatering activity on the site.
&D~~ 10SPAr.[ 59
Page 39
, \
r'of
t.,."
.'
--",., .' ~,..._~",--.,,,,;"_._,...;,,,,,,,.~..,,,.",",..'."'~'" .. ,-,.,,,,,--,,,,,',,.'.-."" -,-,
106 P~r.( 60
AUGUST ..,' 1987'
5. All lakes with bank side slopes steeper than those stipulated
in section 8.B.1 of Collier County O~dinance No. 80-26, as
amended by Ordinance No. 83-3, shall be fenced in accordance
with section 8.D of said ordinance.
~ ~,'
6. This approval is subject to the approval of the Board of
County commissioners of a provisional Use Petition which will
provide compatible zoning for this proposed ~and use.
.."
Recess: 12:35 P.M. - Reconvened: 1:45 P.M. at which
time Deputy Clerk r.enyon replaced Deputy Clerk Kueter.
***
Item U2A
ROGERS, WOOD, HILL, STA~f , GUSTASON SELECTED AS AUDITOR AND STAFF
TO NEGOTIATE A CONTRACT ~) RETURN TO BCC WITH SAME
Clerk Giles stated that this item is in regards to the selection
of a CPA firm to audit the financial statements of Collier County. He
noted that the Board of County Commissioners appointed an Auditor
Selection Committee which consisted of the .five Constitutional Offi-
cers and the County Manage~ to review proposals for auditing services.
He noted that proposals were received from four firms and the Commit-
tee has reviewed the qualifications of the firms and have submitted
three of the firms back to the Board in an unranked order which is the
minimum required by Statute. He stated that these firms are available
to make a presentation to the Commissioners in order that a selection
can be made of one ~f t~e three with which to negotiate a contract.
ARTHUR YOUNG , CO.
Mr. John Vodnaka, partner of Arthur Young and Company stated that
he would be the engagew~nt partner for Collier County. He noted that
;; .
L 4, ~
1. r ;";!.} ~ i¡!:'
.' ;I.í:
Page 40
-
-
..
.-....- --- -- --..-.- ~.-.-_...----..--'----~ _._--,_.._----_...~
.
AUGUST 4, 1987
his firm is femiliar with Colìier County and have worked here for the
past five years in consulting services and their relationship with the
County has been beneficial to Arthur Young and the County. He noted
that the services have been responsive and on poi~t to solve problems
that have been requested. He noted that Collier County is a very
progressive county and the1 would like to work for t~~ County. He
noted thet the office loca:ion is not in Naples, but they will provide
a quality of service in the same manner as they provide to several
other accounts that are in Naples. He noted that they presently do
the audit end tax work for HMA, Inc., which is a large health care
holding company located in Naples, and also Wyndemere Development. He
noted that travel cos~s will be absorbed to and from Collier County,
Rdding that they will also accept collect calls from the county. He
noted that he would spe~d ,:onsiderable amount of time in looking at
the current years as well dS trends that are transpiring or have
transpired over the past five or ten years. He indicated that the
firm has created a statewide state and local government group which
are individuals that spend 100% of their time working with state and
local government clients i~ Florida. He noted that the four manage-
ment team individuals are 311 in the state and local government group.
He stated that the team ha3 a total of 38 years of Florida government
auditing and accounting ey.~erience. He reported that in addition to
the audit and consulting s'~rvices, they also prepare a quarterly state
and local government newsl,~tter. He stated that the firm also has an
Page 41
~~O¡; 106 P~<:E 61
%~--""-',",--_..". ....~.".".-,'.-.._..~--"-~--~.,,....,-.., -..-'"'---
'~:..
~l;
!~\
q .j
,~,
t1
~~.
ìr ~OG~ 106 PAGt 62
~j
~;
,.:.'
AUGUST 4, 1987
annual government seminar ~hich the local government clients are
invited to, adding that it would be of interest t~ the elected offi-
cials and high level management personnel.
Tap. fB
He noted that the oth~r members of the team will be Linda Lindsy, the
engagement manager; Brent ~'ohnson, auditing of the Constitutional
Officers; and Randy Knight, auditing of the Board of County
Commissioners and the grant activities. He indicated that there will
be four staff accountants. He noted that the four team members have
had 66 hours of continuing education related to government accounting
and auditing over the past two years. He noted that the staff accoun-
tants will have 24 hours. He noted that the firm has an extensive
amount of county audit expl~rience which includes Seminole County,
Alachua County, Lake Co~nt:" Leon County, Gaston County, and Indian
River County. He noted that they also audit a charter County which is
volusia County and has been done by their firm since 1972. He noted
that the firm also has the resources to be able to provide all sorts
of governmental consulting services. He noted that they have per-
formed consulting services on computers for various counties and also
feel that they could be ve.~y helpful in the utility service area as
they have done special ser'¡ices in working with impact fees and
establishing rates. He no:ed thdt another area is user fees and not
just on water and sewer, b1lt on Parks & Recreation and Public Works.
He noted that anuther service of management consulting is bond ser-
Page 42
-
-
-
--
-
...
AUGUST 4, 1987
vices. Ha noted that their main office is in Tallahassee and some of
tha clients have utilized the office becausp. of their contacts with
sta~e agencies and state associations. He noted that the firm would
assist wherever they could.
Ms. Linda Lindsy, audit manager, stated that the firm plans to
utilize state-of-the-art au:Hting techniques, addinQ that they have
developed a computerized au:Hting tool called AYASQ, Audit Smarter
Quicker, which is a specialized tool that provides several features
that will enhance the efficiency and effectiveness of the audit pro-
cess. She stated that it m3intains the work paper files and all audit
planning documentation. Sh,~ stated that the decision support modular
of the system helps the auditors to design the most effective audit
process possible in each arna based on the control analysis and the
risk assessment for each syntem. She stated that the Florida
Governmental Practice Aid supplements this audit modular. She stated
that these techniques helps them to spend more time being the auditors
rather than pencil pushers. She stated that this is, therefore, a
better service with a better end product. She noted that this is a
more cost effective efficient system and is designed to best serve
the County's needs.
Commissioner Saunders q~estioned what the function of the auditor
would be, to which Mr. Vodnaka stated that the function of the inde-
pendent auditor is to issue an opinion on the County's financial sta-
tements. Mr. Vodnaka stateè thac they will also issue a detailed
~Oú~ 106 mE 63
Page 43
raODit 106 n',t 64:
AUGUST 4, 1987
management letter that will Gcver items found during the scope of the
ex~mination and a compliance report will also be issued as well as
special reports on all the federal grants.
Commissioner Saunders questioned if anyone has found the past
financial statements and audit reports of Collier County in a form
that can be worked with easily, to which Mr. Vcjnaka stated that the
financial statements of Collier County are generally in the proper
format to receive a certificate of conformance from the GFOA, adding
that there are some things that they would change if they were the
auditors, but he does not see any problem with the format itself.
COOPERS & LYBRAND
Mr. Fred Enfield, Jr., managing partner of the Ft. Myers office,
stated that he is a member of the State Board of Accountancy in
Florida. He ~oted that the decision to review auditors periodically
is an important one and also provide opportunities to look at the
existing situation and what is in the marketplace that may benefit the
County. He noted that the written proposal is basically a statement
of qualifications and has one missing ingredient which is the resumes
of the people that wiil be on the team. He noted that Phyllis Jones
will be the engagement partner for Collier County, Martin Redovan
is one of the managers and will be the second manager involved, and
Don Ashley, who is part of the Fort Myers office.
Mrs. Phyllis Jones, general practice partner, stated that she
lives in Collier County and considers Collier County to be 8 very
Page 44
-
-
-
AUGUST 4, 1987
important client. She state~ that ßhe feels that it is very important
that the entire auditing firm understands Collier County as it is a
large diversified organization that tas many purposes; water and
sewer, sheriff, fire protection, etc. that the Board of County
Commissioners is responsible for and with the gr~wth that is being
assumed here and the high visibility as well as cost sensitivity, it
is important that the auditing firm can deliver a h'~h level of ser-
vice at the minimum cost possible. She stated that significant
government experience is needed in an auditing firm and with the team
that has been assembled for Collier County, they have put together the
most experienced group of people that the County could have. She
stated that the firm audits four counties in Southwest Florida and the
whole office is geared toward governmental auditing. She stated that
a firm is needed that has a strong local presence. She noted that the
firm audits the Naples Community Hospital, the Immokalee Water and
Sewer District, the City of Everglades, Krehling, etc., adding that
they are committed to the Collier County area. She noted that internal
networking and professional education is very important for an
auditing firm to have, adding that they audit more county governments
than anyone within the Statr~. She noted that they provide their own
internal training. She sta~ed that an accounting firm is needed that
can make sure the transition is carried off as smoothly as possible.
She referred to the engagement service team that is listed in the
brochure that was presented. She reported that for the audit itself,
~Cû\{ 106 p~r.t 6~
Page 45
¡ ( ¡',
¡ .
... .. .. ""...,_"''__·,____"""""'0...._"__".'.......'_''·'_.-.. ..
AUGUST 4, 1987
engagement, adding that t~~ a~dit approach and engagement plan
demonstrates the experienc'~ and benefits that will be derived.
Mr. Enfield stated that they have local professionals that
understand the market, ~nd~rstand the environment they would be
working in, have governmental experience and training in-depth, firm
resources and timely commu~ication of results. He noted that the firm
also has national recognitlon in the financial marke,s, higher quality
staff recruitment and trai1ing programs, availability of specialist,
leading edge computer-orie~ted technology, and industry support and
training.
ROGERS, WOOD, HILL, STA~ , GUSTASON
Mr. Ron Wood stated th~t he has been serving Collier County for
the last five years as the County auditor and would like to continue
serving Collier County. He noted that his firm was founded in Naples
in 1968 and has been serving Collier County ever since. He noted that
he can meet the commitment of the Collier County audit and he has done
so on a timely basis in the past. He stated that he will utilize the
normal standard operating procedures and will conduct the audit in the
most efficient manner possible. He stated that they are familiar with
the operation and know the people and the system. He noted that all
of the team live in Collier County and the firm is committed to
quality auditing, utilizat_on of staff, and computers. He stated that
their office is on Marco Inland and has about 30 employees, adding
that the firm would like to work with Collier County again.
Page 47
~aCK 106 w.~ 67
:' .i·
~ I <
100 "Ar.t 68
AUGUST 4, 1987
......
Clerk Giles indicated that if there are no further questions of
any of the firms, the Commissioners need to fill out ;heir voting
ballots.
Commissioner Saunders questioned if there is any 3dvantage or
disadvantage in using a different firm than t~e firm that has been
used for the past five yea=s, to which Clerk Giles stated that with a
new firm you get fresh insights but there is a learning process, so
there are advantages and disadvantages.
Assistant County Attorney Anderson stated that the names have to
be placed on the ranking sheets and they will be made part of the
public records.
Clerk Giles stated that whatever firm is ranked first, the County
Attorney and the Finan~e Director will negotiate a contract which will
be presented to the Board of Coun~y Commissioners for approval based
on a one, two, and three year contract.
After tabulating the ballots, Rogers, Wood, Hill, Starman &
Gustason was ranked as the number one firm with the votes as follows:
Rogers, Wood, Hill, Starman & Gustason
Arthur Young & Company
Coopers & Lybrand
Item '9Al
11 points
10 points
9 points
PETITION MP-87-SC, JAKES E. VENSEL, REPRERENTING SUPERAMERICA OF
FLORIDA, INC. RE A SETBACK REDUCTION FOR A CONVENIENCE STORE WITH GAS
PUMPS WITHIN SUTHERLAND PUD - APPROVED
Plan"~r Weeks stated that this is a request to obtain a 35 foot
setback reductic, to allow for the construction of a Super america con-
Page 48
-
-
-
..""'-~--_._.- .,..-~~",""",-;-,-"""""''''''-"''''-----~~'~''''~'''''
AUGUST 4, 1'387
venience store with gas punps. He stated that on September 14, 1982,
the BCC approved an ame~dm~nt to the Zoning Ordinance requiring con-
venience stores with gas pJmps to be governed the same as automobile
service stations, which sp~cifically requires greater lot frontage,
depth and area, and greater setbacks in order to provide a greater
separation of the convenie1ce store/service station use and ~djacent
property uses. He indicat~d that on September 24, 1984, the Board
granted a rezoning for the Sutherland PUD whi~h was subsequently frac-
tionalized in 1986 and bec.3use of the more restrictive setback
requirements, the petition~r is requesting a setback reduction to
allow the Ram~ setback for the proposed use as for other uses in the
PUD. He reported that the proposed use would be located on Lot 3,
with the rear of the convenience store fronting on Dudley Drive and a
50 foot setback would be r~quired on the Dudley Drive frontage. He
stated that the proposed r~duction would result in a setback of IS
feet and it is Staff's opinion that the magnitude of the proposed use
may not be appropriate for this site due to the small size of the lot.
He stated that in addition. the parcel to the south would have ð
front yard facing the rear of the proposed store which is closer than
permitted in the PUD document or the Zoning Ordinance. He further
noted that if this request is granted it may set a precedent for other
setback reductions within ~he PUD. He reported that based on the par-
cel s{ze, the number of street frontages, the special design con-
siderations for the proposE!d use, the potential impact upon the parcel
~DOK 106 w.£ 69
Page 49
--...._-~--
. .. -'-'._"-'~--
aOOK 1061'~(;£ 70
AUGUST 4, 1987
to the south, the possible precedent setting nature of the request,
and the potential adverse impact upon the PUD project as a whole,
bearing in mind its location in the community, Staff recommended to
the Planning Commission, ~h!t the requested setback r~duction not be
granted. He indicated that the CCPC recommended approval with a sti-
pulation that a minimum 10 foot landscape buffer be required for
the Dudley Drive frontage in accord~i1ce with Section 8.37 of the
Zoning Ordinance.
Mr. James Vensel, repres~r.ting the Petitioner, stated that the
reason for this request is t~at the petitioner thought that the set-
back requirements in the PUD were for convenience stores and gas sta-
tions. He noted that he has no problems with the 10 foot landscape
requirement. He noted that the reduction in setbacks is needed in
order to provide the separat:on of the pumps and the store which
allows for proper traffic cÍl'culation on site.
Commissioner Glass stated th~t a PUD is a separate category and he
does not understand why the f¡etback requirements would conform to the
Zoning Ordinance.
Planning/Zoning Director McKim stated that there have been
problems with the current PUV and hml it is interpreted, adding that
the PUD's indicate the setbacks and then say subject to a certain sec-
tion of the Zoning Ordinance which is a more stringent standard.
comm:le'9ioner Goodnight mcved, seconded by Commissioner Saunders
and carried unani~ously, that Petition MP-87-5C, James E. Vensel,
paqe 50
-
-
-
-
__....._."".,"..<'_..~d' .~,,,,.....,""~_..",.,~""..~.__
--
-
-
AUGUST 4, 1987
representing superamerica of Florida, Inc. for Sutherl~nd PUD, bo
approved.
Tape no
Item UA2
PETITION MP-87-3C, RICHARD W. MORRIS, REPRESENTING MR. , MRS. ROGER
VASEY, REQUESTING A FRONT YARD SETBACK REDUCTION FOR A DWELLING ON
SEABREEZE DRIVE IN HIDEAWAY BEACH PUD, MARCO ISLAND - APPROVED
Planner Weeks stated that this request is to obtain a 20 foot
front yard setback reduction to allow for the construction of a
single-family residence that will exceed 7,000 square feet. He noted
that Hideaway BeÐc~ PUD requires a 30 foot front yard setback, but
with the combination of the reduced buildable area and the size of the
proposed residence it necessitates the setback request for both Lots,
12 and 13. He noted that Hideaway Beach Association has no objection
to the requested setback reductions. He stated that the subject pro-
perty is located at the end of a street, therefore, there will be a
negligible amount of traffic at the site, adding that this alleviates
any safety concern regarding vehicular traffic passing so close to a
residence. He indicated that this also lessens the aesthetic impact
of lesser setbacks on the property as compared to nearby properties.
He indicated that based upon the reduction in buildable area due to
erosion and the property's location at the end of a dead-end street,
Staff has no objection to the granting of this request. He reported
that the CCPC unanimously recommeóded approval of this petition.
Commissioner Hasse questioned if there is a hardship involved, to
t ~:
~OOK 106 p~r.t 71
Page 51
í"';:
t i ~ ! 7
; \..: '.i
"
ture.
í$}"
\!~:"
~~r'
1,:1001 106,." 72
J.b:
~' AUGUST 4, 1987
J" which Planner Weeks indicated that due to the erosion, there is ð
~ .
,~l
~:.·.t7...·...
" '!:' ,
~';
'\1,:1,1
".'.
"r,,'"
I···~.·.~.:·.~..·····..·'·····
.,t~'
~,
·1;
~.
f!
1\:(
.~"
..~" '
11:....
hardship involved unless the petitioner were to build a smaller struc-
Mr. Morris, representing the petitioner, stated ~hat Mr. & Mrs.
Vasey own two lots at the end of a cul-de-sac, adding that the home to
be built will be 7,319 square feet and the owner is desirous of
keepiI.g as far away from the water as possible due to the erosion and
storms.
commissioner Glass moved, 8econded by Commissioner Saunders and
carrie4 unanimously, that Petition MP-87-3C, Richard W. Morris, repre-
sentng Mr. , Mrs. Roger Vasey, be approved.
Item f9A3
REIMBURSEMENT FOR TRAVEL EXPENSES FOR COLLIER COUNTY PLANNING
COMMISSION MEETINGS BY JACKIE WILLIAMS AND JACK JOHNSON - APPROVED
Planning/Zoning Director McKim stated that this is a request for
reimbursement of mileage expenses for CCPC members Jackie Williams and
Jack Johnson. She noted that the cost incurred by Jack Johnson is
$488.80 and the cost incurred by Jackie Williams is $582.80 which is
from September, 1985 through July, 1987. She noted that the rest of
the members live in the Naples area, but Mr. Johnson and Mr. Williams
live in Immokalee. She noted that according to the rules of practice
and procedures for the CCPC, these expenses can be reimbursed if
authorized by the Boar~ of County Commissioners.
Commissioner Saunders stated that these expenses should be handled
~, ~ ; _,I ~
",-, .
Page 52
, (,.:,
l ., ,':~. :: _," "; ¡ ~ "
I I "
,', -
,
-
"'þ~._~'
.....
. - .,.... ;...
, .,
AUGUST 4, 1987
on a yearly basis and not a two year period.
Commissioner Saunders moved, seconded by commissioner Goodnight
and oarried unanimously, that the reimbursement for travel expenses
for Collier County Planning commission Meetings by Jackie Willi~s in
the amount of $58~.80 and by Jack Johnson in the amount of $488.80 be
approved.
Item f9Bl
BID 87-1125 REJECTED AND MODULAR BUILDING FOR BECOND~RY ROADS SECTION
FIELD OFFICE TO BE PURCHASED IN THE AMOUNT OF $16,500 FROM KARSTEN
LEASING COMPANY
Legal notice having been published in the Naples Daily News on
June 24, 1987, as evidenced by Affidavit of Publication filed with the
Clerk, ,bids were received for Bid #87-1125 for a modular building
until 2:30 P.M., July 8, 1987.
Public Works Ad~inistrator Archibald stated that this item deals
with the purchase of a construction trailer to be used by the Secondary
Roads Department. He noted that there are 8 people working out of
ð trailer doing road inspection jobs and he is trying to trade that
trailer in for a larger trailer and relocate it to a site off Airport
Road and Orange Blossom Drive next to Animal Control. He noted that
the biãs came in quite high and he looked into purchasi~g the existing
trailer that is bej,ng used by Elections and the base price was $12,000
which was quite a bit lower than the low bid. He noted that the
Elections unit would cost a tot~l of $16,500 to have the floor plan
modified and relocated to the proper address. He indicated that
·Page 53
8DûK 106 P~r.t 73
&OO~ 106 P~f,£ 74
AUGUST 4, 1987
this unit is in exceptionally good condition and is state certified
which represents a better ~alue than the low bid.
Commissioner Goodnight moved, seconded by Commissioner Pistor and
oarried unanimously, that the modular building f~r s~condary roads
section field office be purchased in the amount of $16,500 from
Marst~n Leasing Company.
Commissioner Glass moved, seconded by Commissioner pistor and
carried unanimously, that all bids that were received under Bid
87-1125 be rejected.
Item t9B2
EXISTING ARCHITECTURAL ~ND ENGINEERING CONTRACT WITH WINSOR/FARICY
ARCHITECTS, INC. FOR THE PROPOSED COURTHOUSE PROJECT - AMENDED IN THE
AMOUNT OF $1,086,900
Public Works Administr3tor Archibald stated that this item deals
with the second phase of t,e courthouse expansion, adding that the
programming phase is done ,!nd now a building needs to be designed that
will replace Building A. He noted that a three story building will be
expanded to six stories and will service the needs of the County until
the year 2010. He stated that he is recommending a design contract to
proceed with the design of the building as well as the demolition of
the existing jail, the relocation of all the transmission and
chillers, and the remodeling of the Courtroom "A" area. He reported
that the price tag has increased from $4.5 million to over $11
million as a result of the expansion and scope of services so that
the building will someday te six 3tories. He indicated that;there is
~! 1",
Page 54
~';
t'
~,
.~~;
1·'··.;1·"....'.·'···.'·'.·.'
. J'.:.
it :-}.._
..,.
i~ c
't· .;~.
.
~ . ,..,'
f:':
~ì'i
~>,. .
...
-
-
AUGUST 4, 1987
ð little over $3 million set ~side in the current budget which will
cover the design wurk. He noted that the design phase will be
completed in March, 1988, llnd a completion date of construction in
October, 1989. He noted that the construction dol1ar¿ will come from
the capital f~nd and other sources. He noted that the $11 million
only represents the construction cost of the three stories that will
be needed at this time.
Commissioner Pis tor st~ted that the cost of this building keeps
going higher and higher as well as the design of it. He noted that he
has seen rough drawings of what is planned and does not understand the
additional cost.
Mr. Archibald stated that projections of needs have been completed
and this is not a small job. He stated that before construction can
actually begin, there are çroing to have to be three majo~ contracts
issued. He noted that just to relocate the heating and air con-
ditioning system that is outside Building "A" will cost about $200,000
for the design alone. He noted that the design work is about 9% of
the total construction.
Commissioner Glass que!ltioned who the contract manager is for the
jQb and how big the building is going to be, to which Mr. Archibald
stated that the contract manager is the County Manager and the first
three stories will be 67,000 square feet and 120,000 square feet for
the complete six sto~ie3. He stuted that it figures out to $116.00 per
square foot.
Page 55
~OG~ 106 PA':t 75
10B w.! 76
AUGUST 4, 1987
Commissioner Saunders que~tioned if Mr. Archibald is satisfied
with the figures, to which he replied affirmatively, adding that based
on the design functions, ~here will be a lot involved and the firm
will end up earning its m,)ney.
Commissioner Saunders moveð, seconded by Commissioner Pistor anð
carried 4/1, (Commissioner Glass opposed), that the existing architec-
tural anð engineering contract with Winsor/Faricy Architects, Inc. tor
the proposed courthouse project be amended in the amount of
$1,086,900.
Contract not
as of August
received iL office of Clerk of the Board
11, 1987.
~~. 1~/~t7£)y.
ø-
Page' 56
-
-
-
AUGUST 4, 1987
PE3IQN ARTS, ARCHITECTURAL FIRM TO PROVIDE REVISED ARCHlTECTURAIr
SERVICES FOR THE PROPOSED HEALTH FACILITY IN LIGHT OF AN AbDrTt~NAL
CONTRIBUTION FROM THE ST!TE
Public Works Administrator Archibald stated that this is a follow-
up on another design contract for the health building. He stated that
the programming has been done for the building but instead of needing
another 40,000 square feet, 65,000 square feet is needed. He stated
that this design cost is 6% of the construction cost for a total
design cost of $284,000 and inclu~es landscaping design.
commissioner pistor moved, seconðed by Commissioner Saunders and
oarried unanimously, that the additional funding provided by the State
be recognized, that the revised negotiated design fee and revised
budget be approved; an~ that the Chairman be authorized to sign an
aðdendum to the design contract.
Contract not received in office of Clerk of the Board
as of August 11, 1987.
~ ~'/'r""""'/¡"?
~DÇ.
r.OG~ 106 p~q 77
Page 57
"':'\"
n~
I.
If '.
"
,-__"..._,_~""""".,..._,,,,,,,,,,,._,,...,,,,.,,,,,,...~,..,,,o,,,_ .,.,. ~'__"'L"_'"~·'·"'''·'"·'''<O'~"___'·_"_·_'···~_
lOR FA!:!: 78
AUGUST 4, 19B7
Item f9B4
FUNDING OF PENDING CONSULTING ENGlNEERIKG SERVICES AGREEMENT WITH
HOLE, MONTES , ASSOCIATES, INC. FOR PHASE II FINAL RrADWAY DESIGN
SERVICES FOR THE NORTH NAPLES ROADWAY MSTU - ~PP~OVEU
Public Works Administrator Archibald stated th...t this is for the
final design and permitting of Livingston Road. He noted that this
project has been programmed ~ith ad valorem taxes and in order for
this project to continue the sale of bonds needs to take place. He
stated that before this can be done, there ie a lot of documentation
that is necessary and the time frame for that funding could be six
months or longcr. He noted that this project is a little different
because Livingston Road is one of the identified arterial roads and
anything that the County can do to assure that the progress of that
project continues is a benefit to the County. He noted that this is a
$5 million project that may be substantially funded by property
owners. He stated that he is suggesting that the design contract be
approved based upon utilizing some available gas tax funds, adding
that this is not actually approving the contract, just the concept of
going ahead and borrowing $570,000 from the gas tax fu~d to get the
road design underway with the idea that this money will be reimbursed
once the bond funds are available and/or to use it as credit against
commitments the County has for that project.
Clerk Giles questioned if it has been proposed as to what part of
the project will be funded by Cownty-wide gas taxes versus what part
will be f~nded by special assessments, to which County Manager Dorri11
/I~"'t:'."';.. ';.~"... .....,........ ',.,- ~., ....
"
':" ';'':'.~' '.; .N't :p:.age 58
....,.....-..
.J. ...
-
-
-
AUGUST 4, 1987
stated that the only condition that he would put on this p~oposal is
that if for some reason, the construction of the project did not
p~oceed then the taxing district would have to pay back through ad
valorem taxes, the MSTU that is al~eady there because the County would
have designed it in advance of their needs based on t~e request of the
affected parties.
commissioner pistor moved, seconded by Commissioner Saunders and
carried unanimously, that the funding of pending consulting engi-
neering services agreement with Hole, Montes & Associates, Inc. for
the Phase II Final ~oadway Design Services for the North Naples Roaù-
way MSTU be approved.
...
Recess: 3:35 P.M. - Reconvened:
time Deputy Clerk Rueter replaced
...
3:45 P.M. at which
Deputy Clerk Kenyon.
Item I9Cl
RESOLUTION 87-178, PARKS , RECREATION FACILITIES AND OUTDOOR AREAS
RENTAL POLICY - ADOPTED
Public Services Administrator O'Donnell stated that this item was
continued from the July 28, 1987 to give Staff a chance to review the
insurance provisions in the policy. He stated that the policy has
been changed and User Classification I, Charitable, Non-Profit
Organizations; and Class II, Civic and Governmental Organizations are
now exempt from the insurance under "User provision during regular
business meetings, however, if they use facilities for ð recreational
function, they will need to comply with the provision in Section VI
,QGK 1U6 mE 7.9
Page 59
.,. ,
, ,
Jt: ~.
~. -;, ,,>
106 Plr.t 80
AUGUST 4, 1987
(1) an,j (3).
; )
commissioner pistor moved, seconded by Commiss10nftr Goodnight and
carried 4/0 (Commissioner Saunders absent), that Resolution 87-178,
Par~8 , Recreation Facilities and outdoor Areas ~ental policy be
adopted.
) '_.1 "
','
-.,
.!'
h ~~.'
-,¡
. ì,'. \ ;..~ 'J
. .
'Æ " ~ ~
". ~ f
, . r ,,~,
tc·
'J
-, .
'i¡ :
~ ,., !
., .
: !.i ": (j -1
.. ': '1 It I:1.~'\.~ J. '': ~..<t;
. C1
'; ~.
,Page 60
-
..
-
......-,---.----.-..
._,_.. ~_"'......~"""=,_.,'"..,...""'=,._~,="'.,,"'"_""".~,,~.,,',,...._,,~......_,~,_'_.,~,,",,_ ~....'__<,_.v_...__,__,___""""~_
&OGK JL(Jf}PAGE fì()
AUGUST 4, 1987
Item t9Dl
AGREEMENT FOR REIMBURSEMENT FOR WATER FACILITIES OVERSIZING WITH
BENTLEY VILLAGE COUNTRY CLUB - APPROVED IN AN AMOUNT NOT TO EXCEED
$52,000
Utilitie~ Engineering ~irector Madajewski explained that this
agreement is hopefully the first of a three part water over-sizing
project to carry the Count~'s Regional Water System into the North
Naples and Bonita Shores A~ea to resolve long standing supply and
pressure problems.
Mr. Madajewski stated the agreement is a standard agreement which
has been worked out on ð c~st over-sharing bðsis with the Developer of
Bentley Village paying all of the costs up-front and the County reim-
bursing throughout the project up to 50% with the final 50% after the
facilities are turned over to the County. He stated that the deve-
loper required ú 12 inch line for his development and the County has
requested, in line with th~ Water Ma~ter plan, that the line be up-
sized to 16 inches. He ad'Jised that the cost of the entire over-sizing
is not to exceed $52,000, '~hich is very reasonable for the length of
line.
commissioner Glass mov~d, seconded by Commissioner Pistor and
carried unanimously, that the Agreement for reimbursement for water
facilities over-sizing wi~h Bentley Village country Club be approved
in an Amount not to exceed $52,000.
~ ~ ", '
. , . ~
. .
Page 61
'J¡ "
ì U :;',~.
-
..
-
~""_.1""''''''''__'''''-_'~''. .....~...". ,-"""w.""".'"
"
AUGUST 4,.1981
It..: UF1 .
MORATORIUM ON NEW CABLEVIS!ON FRANCHISE APPLICATIONS - EXTENDED TO
OCTOBER 31, 1987
Assistant to the County Manager Olliff stated that Staff is
requesting that the moratorium on new cablevisior fra,1chise applica-
tions be extended to afford sufficient time for the Attorney's office
to review, revise and advertise a comprehensive Cable Franchise
Ordinance. He advised that the original moratorium expired on June
29, 1987 and the new ordinbnce is in draft form and will require more
time to formalize.
Mr. Olliff stated that Collier citizens will continue to be served
by existing franchises and receive no loss of service of any kind.
Commissioner Glass mov~d, seconded by Commissioner Saunders and
carried unanimously, that the moratorium on new cablevision franchise
applications be extended to October 31, 1987.
Item f11A
BUDGET AMENDMENTS 87-350 and 87-388/395 - ADOPTED
commissioner Goodnight moved, seconded by Commissioner Saunders
and carried unanimously, that Budget Amendments 87-350 and 87-388/395
be adopted.
Item U1C
BUDGET AMENDMENT RESOLU~ION 87-038 - ADOPTED
commissioner Goodnight moved, seconded by commissioner Saunders
and carried unanimously, that Budget Amendment Resolution 87-038 be
adopted.
Page 62
aoo~ lOR PAC.i:, 97
...~..-.....,"-
v-."....-..--""."---....
,.
AUGUST 4, 1987
Item t12B
APPOINTMENTS AND REAPPOINTMEMTS TO THE CONTRACTOR'S LICENSING BOARD -
APPROVED - kESOLUTION 87-180 ADOPTED
Administrative Secretary to the Board Filson s~ated that the two
year terms of the members e·f the Contractors Licensing Board expired
on June 30, 1987. She stated that the CLB hears consumer and investi-
gative complaints against contractors in Collier County and is
comprised of 9 members including a licensed architect, licensed
general contractor, licens~d engineer, licensed electrical contractor,
licensed plumbing contractvr, licensed mechanical contractor, licensed
building or residential co~tractor, licensed specialty contractor and
licensed roofing contractor.
Ms. Filson stated Staff recommends reappointing 8 of the members
and appointment of one new member, Mr. John L. Brennan, Jr., to the
licensed electrical contractor position.
commissioner Pistor moved, seconded by Commissioner Goodnight and
oarried unanimously, that ~n appointment and reappointment be made to
the Contraotor's Licensing Board as follows:
Lioensed Architect
Mario LaMendola
Licensed General contrtotor
William L. Jones
Licensed Engineer
LioensedElectrical contractor
James B. Kuhlman,
John L. Brennan, Jr.
Licensed plumbing Contractor
Licensed Mechanical co~traotor
Paul D. Jackson
Robert Towle
Page 63
'! .
f¡CG~ 106 PAr.!: 99
106 PAGr 100
Licensed Blðg. or Resid. contractor
Lioensed specialty Contractor
AUGUST 4, 1987
Allen Þ'letke
Fred Alex xirkman
Licensed Roofing Contractor
See Pages 10(, - /0 7
Edward C. Malone
Item '12C
REQUEST TO WAIVE LANDFILL FEES FOR GOLDEN GATE ESTATES RESIDENTS ON
AUGUST 22, 29 AND SEPTEMBER 19, 26, 1987 - APPROVED
Mrs. Carol Lamb, Golden G~te Residents Association President,
stated that she is requesting that the Board again waive landfill fees
on August 22 and 29, 1987 and September 19 and 26, 1987. She statêd
these days are necessary so the entire community of Golden Gate ~s
included. She advised that the two County-wide days granted drew over
200 residents with 150 tons of trash on July 11th and over 500 County
residents with 236 tons of trash on July 25th.
Mrs. Lamb stated that without the waiver on fees for the addi-
tional days, the support of Golden Gate will not be forthcoming. She
said they realize there is an expense involved: however, it is felt
that it is much less than the cost of manpower of the Zoning
Department to issue citations.
Mrs. Lamb stated that after discussion with a scrap dealer, a com-
pany with a car crusher, Yahl Brothers, County Staff, and their attor-
ney, the Association feels they must find a way to generate the
willingness of the peep Ie of Golden Gate to take their trash and junk
vehicles to the landfill themse\ves.
In answer to Chairman Hasse, County Manager Dorrill stated that
, .
If;
": iJ(i *-'~\t ~
j. j' ,. I j,;"
Page 64
) ,
-
-
-
----- ~ - ,
-......... .". """"'""'-~'.."'-"<'.''''''''''~''.'''''''"'''''''.''~"'--
AUGUST 4, 1987
'I .?;
the cost of the recent clea~-up days was approximately $5,000 for both
the overtime involved and tte lost revenue of the landfill on those
days.
Commissioner Saunders stated that obviously this costs money in
terms of overtime and landf:ll space, however, it co~ts hundreds of
dollars for an inspector to remove one automobile..
Commissioner Saunders moved, seconded by commissioner Glass and
oarried unanimously, that Naples Landfill Fees be waived for Golden
Gate Estates Residents on August 22 and 29, 1987 and September 19 and
26, 1987. '
***
The following items wéro approved and/or adopted by motion
made by Commissioner Saunders, seconded by Commissioner
Pistor and carried unanimously:
Item U4Al
LEASE WITH COMMERCE CENTER OF NAPLES FOR OFFICE SPACE FCR ECONOMIC
DEVELOPMENT/HOUSING PROGRAMS DEPARTMENT
See Pages Lease nùt received in Clerk of Board office as of 8/11/87.
Item 14A2
AGREBMENT WITH U.S. POSTAL SERVICE FOR ALUMINUM POST OFFICE BOXES AS
ARTIFICIAL REEF MATERIAL
See Pages
Item tUB3
IOÝ- 110
TWO LEASE RENEWALS BETWEEN BOARD AND NAPLES COMMUNITY HOSPITAL FOR
EMS DEPT.
See Pages 1// - I ~ ~
.;¡
"
Page 65
~'Q~ 106 PAr.E 101
I.... I _..__""'"_;"'.....,""__""~ ..
"
..
,oo~ 106 Hr.\: 102
\, "
AUGUST 4, 1987
., .,'
Item 'UB4
MAJOR RESURFACING OF WEST nOULEVARD AND PORTION~ OP aTH STREET N.W.
8th Street N.W. (Randall t~ 16th Ave.)
West Boulevard (Seagate to Neapolitan)
Item 'UB5
LAKE TRAFFORD MEMORIAL GARI'ENS CEMETERY DEED NOS. 515 AND 516
$35,000
$15,000
See Pages J d... 3 -=---b:.~ ~
Item '14C1
CONTRACT BUDGET REVISION A!~ PERIOD 2 REPORT RE COLLIER COUNTY EMS
TRUST PUNDAW~RD
See Pages j~S- 1..3 c¡
Item tl4C2
'SOCIAL SERVICES CASES W-91!6 AND W-12617
Item '14C3
CONTRACT WITH SUNCOAST REH1.BILIT~TION UNDER COMMUNITY CARE FOR THE
ELDERLY PROGRAM GRANT
See Pages I'-f.ð - /S 7
Item 'UDl
'RESOLUTION R-87-179/CWS-37-16, CANCELLING TAXES ON WINDSTAR SEWAGE
TREATMENT FACILITY
See Pages ¡,sf(' - /59
Item '14D2
COUNTRYSIDE AT BERKSHIRE ~~KES, PHASE 2 AND TRACT 4 ,- WATER AND SEWER
FACILITIES
See O. R. Book 1287, Pages 50-70.
Item 'UEl
RECLASSIFICATION OF VACANT INFORMATION PROCESSING SPECIALIST POSITION
IN THE BUILDING DEPARTMENT TO CLERK III
Page 66
) ,')
..
-
-
""'_",_e""'''''''''"__'''_"~·······''·_"'' >~,>,-."..,~.",.",~".",,, .---'.----~,"-....
AUGUST 4, 1987
Item 'UE2
ASSIGNMENT AND CONSENT AGR~EMENT WITH C&S DAY ASSOCIATED RE BID
tB7-1090
liPS
See Pages -' t:,O
Item t14Gl
CERTIPICATES FOR CORRECTION TO THE TAX ROLLS
1986 Ta~gible Personal Property
NO. 1986-246
Dated 7/24/87
Item f14G2
EXTRA GAIN TIME FOR INMATE NOS. 43352 AND 45553
Item U4G3
SATISFACTIONS OF LIEN FOR PUBLIC DEFENDER
See Pages /6 (,:, - /7f
Item tUG
MISCELLANEOUS CORRESPONDEFCE PILED AND/OR REFERRED
There being no objection, the following correspondence was filed
and/or referred to the various departments as indicated below:
1. Received 07/22/87 from Department of Community Affairs,
notice of two actions the 1987 Legislature took regarding
local governmen~ comprehensive planning. Referred to Neil
Dorrill, David Pettrow and filed.
2. Received 07/24/8; from Department of General Services, letter
detailing the 1987 Legislature enactment of amendment to
S365.171, the Florida Emergency Telephone Act; authorizing
counties to levy a fee on local exchange telephone access
lines to fund "911". Referred to Ken Cuyler, Sheriff Rogers,
Neil Dorrill, Herb Luntz and filed.
3. Letter received 07/23/87 from Department of HRS transmitting
finalized contract for Service of Process between HRS, the
County and Sheriff's Department for FY 1987-88. Referred
to John Yonkosky, Sheriff Rogers and filed.
Page 67
~OOK 106 p,\r.r 10a
J i ~
~ ;
'1"
. ,.,·I'i'.·
. ·tf
",-
;~':
",5:'
1ft
'1;"
{~
[!!..
fl." .
liJ·.
'~,(
..~.~."'..'."..'..
:~ti""
....
¡.?t."...".......'.'.:.'.:.
.~.. . .~ '-~:
. \,'
)--
ß'<;
j .~,
~i
~ç'
'QO~ 106 PAr,L 104
; I
AUGUST 4, 1987
4. Received 07/27/87 from Department of Reven~e, liat of
Distribution of Constitutional and County Gasoline & Special
Fuel Tax collected during June, 1987. Referred to Joseph
Warren (with checks) Neil Dorrill, Lori Zalkt and filed.
5. Memorandum received 07/22/87 from Florida Association of
Counties detailing appointment of working group to examine
feasibility of establishing a pool for liability insurance
for county govern~ents. Referred to Neil Dorrill, Sherry
Rynders and filed.
6. Minutes:
07/14/87 - Golden Gate Parkway Beautification Advisory
Committee and 08/11/87 Agenda.
07/13/87 - Cchopee Fire Control District Advisory Board.
06/09/87 - Devi1's Garden Water Control District Annual
Landowners' & Board of Supervisors.
7. Memorandum received 07/22/87 from Steve Tribble, Director of
Records & Reporting, Public Service Commission, regarding
Revised Case Assignment and Scheduling Record for Windstar
Development Company, Docket No. 870406-SU. Referred to Bruce
Anderson, Tom Crandall and filed.
.. L
~
[~
':,1
_.
y.f-
e"
~.
:\
it\.' ;
~
,. ~ - ,
.I' 0-,'>
" ~ ~~'
"
1-: \:-. " "': " '(1'
'~.- ~',f!" .,'
;.~ ',::!, ,;"" '_~')l '~"Tf' ,T, 1.);;"'
, i)"
.' ,
1,' i,
"
lr·.!'I~.ì.l~..T.C/,{:",. ~;
, ',¡
'.. V~~ !," < ¡ "
,I'
. .
.
~ !j . ,,)
Y' tr ~ J \ ' ~ :-..; ':..'f J
1.'-
1/.-;' :.
. t :.'_ í. ; !i
c. "r.
" ~',i UJ Jft.
.~_~ J L~
,';."
. ,.".,,'
J ~. ,,~, :~j '.'
Page 68
i' Ii; 'i' :': .l. . ..) f:'
..
-
-
-" --
f~. .. '"'" : ....,..,
a~~_'__'____'
..
..
-
meeting was adjourned by Order of the Chair - Time: 4:00 P. M.
BOARD OF COUNTY COMMISSIONERS/
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S} OF
SPECIAL DISTRICTS UNDER ITS
CONTROL .
~æ~
. ." : I . ';~ ..
ATTEST:
~~~U(7GILES, CLEiU;
;,:j;z; ':A.~ ;"
:: :~~~; ·./~.Jð&.~
~.-;:\,~tìt"'<1 ?~!..~e ~nutes ap~roved by the Board on ~'¿J/ /..:;tf/?
" ;"as 'p'resen'ted ~ or as corrected
I ~,,. "I
, ( ~ ~
Page 69
~OD~ 106 m.£ 105