BCC Minutes 05/06/1986 R
Naples, Florida, May 6, 1986
Lf:¡' IT BE RI!:MEMBERED, that the Board of County Commissioners in
and ror ~h~ Cuunty of Collier, and also acting as the Board of Zoning
Appeals and as the governing board(s) of such special districts as
~ave been created a~cordjng to law and having conducted business
t.'erein, met on this date at 9:00 A.M, in REGULAR SESSION in Building
"F" ûf the Courthouse Complex, East Naples, Florida, with the
fo1lowin~ members present:
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CHAIRMAN: John A. Pist0r
VICE-CHAIRMAN: Anne Goodnight
Frederick J. Voss
Max A. Hasse
C. C. "Red" Holland
ALSO PRESENT: William J. Reagan, Clerk; James C. Giles, Fiscal
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Officer; Maureen Kenyon, Deputy Clerk; Donald B. Lusk, County Manager;
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Neil Dorrill, Assistant County Manager; Pam Brangaccio, Deputy
Assistant County Manager; Ken Cuyler, County Attorney; Tom Kuck,
Public Works Administrator; Vickie Mullins, Community Development
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~dministrator; Ann McKim and David Weeks, Planners; Tom Crandall,
Utilities Administrator; Mike McNees, Administrative Assistant to the
Utilities Administrator; Dave pettrow, Zoning/Planning Director; Pat
Carroll, Plannning & Contracts Engineer; Dr. Edward Proffitt, Natural
Resources Management Director; Nancy Israelson, A1ministrative
Assistant to the BOHd; and Deputy Ch'.<:!f Ray Barnett, Sheriff's
;.;)·I;,~partment.
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Maya, uu
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AGIUmA - APPROVZD AS PU8mn'ED
commissioner Voss .oved, .eoonded by Commissioner Hasse and
oarried unanimously, that the aqanda be approved as presented.
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CYNTHIA FAULXNBR RECOGNIZED AS EMPLOYEE OP THE MONTH POR MAY, 1986
Commissioner Pistor recognized Cynthia FalJlkner as the employee of
\ the Month for: May, 1986.
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ORDiKAKCB 8a-18 RB PETITION R-85-28C, WILSON, MILLER, BARTON, SOLL ,
PEElt, ',INC. REP. LELY RESEARCH' DEVELOPMENT REQUESTING A REZONE FROM
1.-2 TO PUD TO PROVIDB POR LIGHT INDUSTRIAL AND RESEARCH RELATED USES
- ADOPTEP SUBJBCT TO STIPULATIONS
Leyal notice having been published in the Naples Daily News on
;April 4, 1986, að evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened to consider Petition R-85-28C, filed
by wilson, Miller, Barton, Soll & Peek, Inc., representing Lely
Research & Development, to provide fc. light industrial and research
relatp.d uses on 56.8 acres on U.S. 41 approximately one mile southeast
of Rattlesnake Hammock Road.
Planner McKim stated that on February 18, 1986, the Board directed
the petitioner to take the revised PUD and Master Plan to the CCPC for
their review and recommendation prior to returning to the Board,
adding that the CCPC heard the petition on April 17, 1986, and unani-
mously recommended denial based upon the lack of need for additional
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Maya, 1986
industrial-typ~ zoning and the incompatibility with surrounding land
usee. She stated that at one time, a letter was received from Michael
J. Miceli , owner of an adjacent 8.7 acre parcel zoned PUD, requesting
a two week continuanc'i:! to allow him time to meet with Lely Estates,
adding that at the CCPC hearing a petition with 57 signatures opposed
to the proposed rezone was submitted. She reported that at the same
meeting, five people spoke in opposition to the proposed rezone indi-
cating the incompatibility with adjacent properties, the permitted
uses and their: adverse impact upon neacby property values; and the
lack of need for additional industrial-type zoning. She indicated
that since that public hearing, tho Petitioner revised the PUD docu-
ment limiting the permitted ~ses, increasing the parcel sizes,
increasing the minimum setback from any residential structure, and
reducing the maximum height, She st~ted that an additional tract has
been developed for the land immeJiately north of the Miceli
the criteria for Tract "B" places additional limitations on
PUD and
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height. She stated that a second hearing by the CCPC was held on \.
April 17, 1986, and this time it was recommended for approval subject'
to staff stipulations and, in ad~:tion, anchoring the lake location in
the PUD document to the sites shown on the Master Plan. She indicated
that the PUD document has been revised according the CCPC's recommen-
dations. She reported that at the April 17, 1986, meeting of the
CCPC, five people spoke in opposition to the petition indicating pro-
per:ty values would decrease, light industrial uses in a residential
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May', 19..
area would be an error, the Lely Tract on CR-951 is more appropriate
for industrial than the proposed location abutting existing residen-
tial, the new proposal was not any different than the original propo-
sal, not enough demand exists for this type of facility, and safety
would decrease on U.S. 41 due to increased truck traffic. She
concluded by stating that Staff recommendation is for approval subj~ct
to CCPC's stipulations.
Mr. William Barton of Wilson, Miller, Barton, SolI & Peek, Inc.,
'"\representing the petitioner, stated that during the first hearing of
\pe CCPC there was a number of concerns from the adjacent property
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owners which he felt were valid and, therefore, when the petition came
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before the Board on February 18, 1986, he requested that this petition
be returned to the CCPC after they h..d an opportunity to meet with the
property owners. He stated that at the second meeting of the CCPC,
(there was a recommendation of approval. He noted that the site plan
was revised, they relocated the lake structure to act as a better
buffer to the adjacent PUD, the Linimum lot size was increased from
one acre to two acres, and the sLde yard setback, was increased,
adding that a significant reduction was made in the allowable uses and
the building heights were reduced so that in Tract "B", the maximum
building height is three-story and the balance of the project is four-
story. He stated that due to the significant revisions in the PUD,
, there were no adjacent property owners that were in opposition to this
project at the second meeting of the CCPC.
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Mr. Bob Wðllðce, President of Economic Development Council of
Collier County, stated that one of ~he targeted areas is research and
developm~nt and high tech industries. He stðted that the existing
places ðvailðble for business is not adequate for the type of com-
pðnies that he would like to attract. He stated that the infrastruc-
tures in the industrial areas are not adequate, noting that the only
one thðt is closest to what they would like is the Collier Park of
Commerce, but it is not the campus-style park that they would like.
He gave ð alide presentation showing various campus-style parks with
wide bo~levards, trees, lights at night, and low buildings with an
original piece of sculpture at the entrance. He noted that this would
mean jobs for the young people in order to try and keep them in the
area, which is what is needed.
Mr. Barton stated that it Í'. not expected that this facility will
be filled up in the next two months, adding that if two companies can
be attracted within a year after this project is developed, his crient
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Commissioner Voss questioned if this was approved, when would the
would be delighted and it would be an excellcnt start.
infras~ructure be put in, to which Mr. Barton stated that the develop-
ment of the project is going to go forward as rapidly as the zoning is
approved and the permits can be acquired, Mr. Barton stated that the
project has to be created so that people can see exactly what it is
that they are buying.
Commissioner Pistor stated that he has a problem with the four
story buildings, adding that he would be much happier if they WCla
one-story and two-story.
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M~. Barton ~tated that he doe~ not believe that there is going to
be demand for four-story str:uctures either and the client agrees with
that, adding that his client has no objection to making a commitment
to restrict the height on Tract "B" to a two-story elevation with the
bðlance of lhe property being at a maximum of three stories. He
stated that he feels that the majority of the structures will be one
and two-story which is what the demand will be for. He noted that he
\would revise the PUD to indicate two and three stories maximum if the
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Commission 80 de~ire~.
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Mr. Barton stated that what his client is trying to create is a
blue chip project to go along with a blue chip community, adding that
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~ollier County [¡dS been designated as a blue chip community by the
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'State of Florida Economic Development Council and right now, this type
of facility is not available to attr.:ct those blue chip industries,
which is what they are trying to accomplish.
Mr. Alan Reynolds of Wilson, Miller, Barton, SolI & Peek, Inc.,
stated that a PUD was created tr·,t has not been seen before because
there is no existing zoning classification in the County to cover this
"' type of facility so a PUD was structured that nùt only puts together
the common elements, but also elaborates on some of the restrictions
'as far as lbndscaping, architecture. He noted that the land plan
itself has a boulevard entrance with a lake adjacent to it which will
make the entrance very appealing, adding that all the roads will be
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May 6, 1986
paved and exceed County standards. He stated that there will be a
bike path that goes through the entire project, adding that there will
be three on-site lakes for water retention and they have been placed in
locations to create buffers' between any buildings in this pr:oject and
the neighboring residential uses. He noted that all utilities will be
underground, including all the electrical facilities. He reported
that landscaping standards will exceed any minimum County standard,
adding that there will not be any metal exterior ~uildings permitted.
He noted that there is also a ~trict limitation on signage so there
will be no advertising of any type on signage allowed in the project.
He stated that a sign identifying that building is allowed and that is
all. He noted that no outside storage is allowed, and with reference
to the permitted uses, there are only ó categories allowed. He stated
that there are four tracts within the project, "A, "B", "C", and "D",
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noting that Tracts "A", "C·, and "D" have the limitations as far a~
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the two acre size and 6 permitted Jses. He stated that Tract "B "has
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been limited to four permitted uses which are professional offices
exclusively and medical-type facilities. He stated that the closest
residential structure to any building in this project is over 600 feet
away.
Commissioner Pistor questioned if "('Ie six-laning of U.S. 41 has
been taken into consideration and que~tioned if the cross-overs have
been taken care of, to which Mr. Reynolds stated that this has been
accommodated, adding that there is an existing 200 foot right-of-way
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Maya, 1986
on U.S. ~1 at that location and that is sufficient for the six-lane
cross section. He stated that the two entrances are located across
fr:om existing median cuts at both locations, adding that there will be
improvements to those median openings for turn-lanes.
Commissioner Pistor questioned if the client is willing to contri-
bute towards the cost of traffic lights if it is found that they are
necessary, to which Mr. Reynolds replied that this is already provided
for in the PUD document.
'~ Mr. Barton stated that it is important for the commission to be
~are ot the property ownership as it is contiguous to this site,
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adding that the area to the north and west and wrapping around on the
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south side are all properties of Lely Estates. He stated that the
property owner that is going to be the most affected by this project
fs the applicant. He stated that the applicant recognizes that those
properties are going to be predominantly residential in nature, adding
that this project is the type of .:'roject that will not detract from
that, but will, in fact, enhance : .. He stated that there are four
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abutting property owners to the south and none of them object to the
project as it is being presented this date. He noted that all
abutting property is zoned A-2.
Commissioner Voss questioned the definition of light manufac-
turing, to which Mr. Barton stated that his understanding is that
light manufacturing is the assembly of the product. He stated that
they would not utilize the raw materials, but would simply assemble
the parts that are manufactured elsewhere.
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May 6, 1986
Planner McKim stated that she would agree with this definition and
it may be appropriate to put seid definition in the PUD document.
Mr. Barton stated that they have no problem with this definition
being in the PUD document, adding that they do not mind the restric-
tions, because this is what they intend to end up with as the finished
project.
The following people spoke against this petition citing the
odors, the noise, the location, not enough need for this type of faci-
lity at the present time, increased traffic, and lack of enhancement:
James Schaefer, representing Lely Golf Estates
Tape 13
George Karth, representing Myrtle Cove Homeowners
Mary Grimsley
George Archie, Jr.
commissioner Voss .oved, seoonded by Commissioner Goodnight and
oarried unanimously, that the publio hearinq be closed.
commissioner Hasse moved that Petition R-85-28C, Lely Research and
Developlllent Park, be denied. Mot~~n died for lack of a second.
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Commissioner Holland stated that he has some
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be the best thing for \\
this petition, but feels that this project would
this property.
commissioner Holland moved, s.oonded by Commissioner Goodniqht and
oarried 4/1, (Commissioner Hasse opposed) that the Ordinance as num-
bered and entitled below be adopted and entered into Ordinanoe Book
No. 23, subjeot to CCPC's stipulations and that the buildings be
liaited to a maxilllum of three storiess
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Maya, 1986
ORDINANCE 86-18
AN OI:DINANCE. AMENDING ORDINANCE 82-2, THE COMPREHENS IVE
ZONING REGULATIONS FOR THE UNINCORPORATED AREA O~ COLLIER
COUNTY, FLORIDA BY AMENDING THE ZONING ATLAS MAP NUMBER
50-26-9 BY CHANGING THE ZONING CLASSIFICATION OF TilE HEREIN
DESCRIBED REAL PROPERTY FROM A-2 TO "PUD" PLANNED UNIT
DEVELOPMENT KNom~ AS LELY RESEARCH AND DEVELOPMENT PARK, FOR
PROPERTY LOCATED ON US-4l, APPROXIMATELY ONE MILE SOUTHEAST
OF RATTLESNAKE HAMMOCK ROAD IN SECTIONS 29 ^ND 30, TOWNSHIP
50 SOUTH, RANGE 26 EAST; TO PROVIDE BUILDING SITES FOR CLEAN
LIGHT INDUSTRIAL AND RESEARCH RELATED USES ON 56.8 ACRES AND
PROVIDING AN EFFECTIVE DATE.
***** Recessl 10:20 ~.M. - Reoonvened: 10125 A.M. *****
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ORDINANCE 86-19 RE PETI~ION R-85-33C, DR. KENO J. SP~GN~, REPRESENTING
LIEBIG INVBSTMENTS, INC. RE REZONE PROM IL AND A-2 TO PUD ltNOWN AS
REGENCY AUTOHAUS - ADOPTED SUBJECT TO STIPULATIONS
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Legal notice having been published in the Naples Daily News on
April 4, ]986, es evidenced by Affidavit of publication filed with the
~lerk, public hear;ng was opened to consider Petition R-85-33C, filed
~y Dr. Neno J. Spagna, representivg Liebig Investments, Inc.,
requesting a rezone from IL and A-2 to PUD known as Regency Auto-Heus
for a light industrial development for approximately 14.6 acres
loceted on the east side of Airport Road north of Hazel Road and south
of Westview Drive.
Planner McKim stated that the objective of this petition is to
develop d light industrial project which will include a new car
dealership as well as other light industrial uses. She stated that
,lands to the north ere zoned IL; to the east are zoned IL and
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E-Estates to the south are A-2; and to the west across Airport Road
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May Ii, 1986
is Naples Airport. She reported thet on the surrounding lands is the
Elks Lodge, a motor vehicle storage lot, a single family dwelling, a
war~house, Naples Airport, and undeveloped land. She stated that
Staff, CCPC, and all County egencies reviewed this petition and have
no objection to its approval subject to amendment of the PUD document
per the stdf report dated ',t>ril 10, 19B6. She indicated that the
CCPC made some revisions to the staff report which have been revised
in the PUD document. She indicated that no correspondence has been
received and no one spoke at the CCPC public hearing. She concluded
by stating that Staff is recommending approval subject to CCPC recom-
mendations.
Dr. Neno Spagna, representing the petitioner, stated that he
believes that he has a plan that evþ.ryone will be pleased with. He
stated that he held a meeting with the Coconut River Estates
homeowners and the Airport people and has not received any objecti~n.
He stated that he has no problem with the stipulations that have been "
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recommended and they have been incorporated in the PUD document,
adding that he is requesting approval.
Commissioner Pistor questioned if the owner of the property zoned
E-Estates has been contacted, to which Dr. Spagna replied affir-
matively, adding that he haR r~ objp.ctions.
commissioner Goodniqht M~v.d, seconded by commissioner Voss and
carried unanimously, that the public hearinq be closed.
commissioner Goodniqht moved, seconded by commissioner Hasse and
carried unanilllously, that the Ordinance as numbe~~d and entitled below
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be adopt~d into Ordinance ß~ok No. 23, subject to CCPC's stipulations
and the Petitioner's Agreement:
ORDINANCE 86-19
AN ORDINANCE AMENDING ORDINANCE 82-2 THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA BY AMENDING THE ZONING ATLAS MAP NUMBER 50-25-l BY
CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED
REAL PROPERTY FROM IL ANn A-2 TO "PUD" PLANNED UNIT
DEVELOPMENT, KNOWN AS REGENCY AUTOHAUS, FOR A LIGHT,
INDUSTRIAL DEVELOPMENT FOR PROPERTY LOCATED ON THE EAST SIDE
OF AIRPORT ROAD, NORTH OF HAZEL ROAD AND SOUTH OF WESTVIEW
DRIVE, ± 14.6 ACRES, AND PROVIDING AN EFFECTIVE DATE.
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Itelll IS
ORDINANC3 86-20 RB PBTITIO~ R-85-32C, ANTHONY D'AGQSTINO, REPRESENTING
~ENEDICT P. MIRALIA, RE REZONE FROM RSF-4 AND C-4 TO RT FOR A MOTEL
ADOPTED SCBJECT TO STIPULATIONS
Legal notice ha"ing been published in the Naples Daily News on
April 4, 1986, as evidenced by Affidavit of publication filed with the
Clerk, public hearing was opened to consider Petition R-85-32C, filed
by Anthony D'Agostino, representing Benedict P. Miralia, requesting a
',rezone from RSF-4 and C-4 to RT for a motel consisting of approxima-
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tely 3.~ acres of property on the east side of U.S. 41, 1/2 mile nor:th
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of Immokalee Road.
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Planner McKim stated that the objective of this petition is to
construct a 56 unit motel, adding that lands to the north are zoned
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RSF-4 and C-4 and c~nsist of the Pewter Mug Restaurant and undeveloped
:land; lands to the east are zoned RSF-4 and consist of single-family
dwellings; lands to the south are zoned RSF-4 and C-4, consisting of
single family dwellings and a commercial building. and lands to the
west are zoned A-2ST and C-4 and consist of undeveloped land. She
reported that the original petitions for the subject property were a
change to C-4 zoning and a provisional use for a motel, but some per-
mitted principal uses in the C-4 would not comply with the intent of
the Comprehensive Plan nor would they be compatible with adjacent pro-
'perty, therefore, the RT zoning District, which is much more restric-
tive with regsrd to permitted principal uses, would permit the same
uses proposed by the original petitions. She stated that with this
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May 6, 1986
protective measure, Staff Celt that the RT district would be
appropriete for the subject property. She indicatcd that all
appropriete County agcncies reviewed the original petitions and heve
no objection to approval subject to the stipulations, adding that the
Planning Staff recommended deniaJ of these petitions but suggested
that the petitioner change the request to RT zoning, in which case
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Staff would recommend approval subject to the stipulations found in
the Executive Summary, which include stipulations from the EAC, WMAB,
Traffic, utilities, Engineering, Fire, and the Planning Department.
She reported that CCPC held their public hearing on March 20, 1986,
and, at that time, the petitioner changed his request to RT which
required additional advertising for the Board which has been done.
She stated that at the CCPC Staff amended Stipulation "B " which
required additional red mangrove seedlings be planted along canal
banks and in the riprap area by adding that this shall be included in
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the landscape plan to be reviewed for approval by the Natural
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Resources Management Department. She reported that the CCPC did not \.
approve the request for rezoning to C-4 and the petitioner withdrew
the provisional use request. She noted that the CCPC did recommend
approval of the petition requesting a rezone to RT, subject to staff
stipulations, including the amendment of Stipulation "B " and with
three additional stipulations; I) that no mcdian cut shall be
requested from FOOT; 2) that no interval ownership shall be permit-
ted; and 3) that the existing boat ramp/docks shall be removed.
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She reiterated that at the CCPC hearing, 6 people spoke against the
petition with their concerns being traffic safety on U.S. 41, safety
of children being r,ext to a motel, the precedent-setting nature of
this petition for nearby undeveloped prpperty, noise generated by the
project, loss of privacy; and adverse impact upon the adjacent water-
ways, especially to the snook population. She reported that one
letter and one petition with 22 signatures has also been received in
oppositicn to the zoning with the same above-referenced reasons. She
~,concluded by stating that the recommendation is for approval subject
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~o CCPC's stipulations.
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In answer to Commissioner Voss, Planner McKim stated that this
request and the request for the Days Inn was submitted at approxima-
:tely the same time. She noted that under the RT zoning, time share
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:and multi-family is allowed, but the Planning Commission recommended
that time share not be allowed for this property.
Commissioner Hasse questioned what will happen to the buildings
that exist on the property at this time? Planner McKim stated that
they will have to be removed in order to build the motel that they are
proposing.
The following people spoke against the petition citing the
excessive traffic, glare of headlights, safety of children, loss of
privacy, excessive noise, adverse impact on the waterways, setting a
precedent, creating spot zoning, and enough motels in the area:
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May 6, usa
Guy Storer
John Wynn
Gail Grady
Joan Storer
Faye Wynn
Lynn Eggley
Tap. IS
Mr. William Barton, r-epresenting the petitioner, stated that the
petition is to rezone from RSF-4 and C-4 to RT for approximately 400
feet along U.S. 41. He stated that listening to the public, there
seems to be four pertinent issues which are traffic, impact on water-
ways, precedent-setting action that might occur, and the advent of
noise and site line. He stated that with regard to traffic, this area
is a troublesome area but under present zoning there could be an
expected 1,932 r,ily trips and if it were changed to RT, the daily
trips would be 796, adding that with the zoning change the traffic
would be enhanced. He stated that he also agrees that a median cut in
the area wOùld be totally inappropriate and would cause additional
hazard and risk. He stated that with regards to the impact on water-
ways, the proposed facili ty is not intended to be a mar ina motel. \'He
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stated that one of the stipulations states that the petitioner will
enhance the shoreline by placing additional red mangroves along that
shoreline. He stated that this particular piece of property is
surrounded by waterways on the north, the east and the south and by
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U.S. 41 on the west, noting that he finds it difficult to envision
that the approval of this petition will set a precedent that will lead
to enother rezoning of this naturé. He reported that with regard to
noise and site line, some of the adjacent property owners are troubleo
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Maya, 19"
by the Pewter Mug Restaurant, yet hey feel that it is all r:ight to
~ut single-family dwelling units 300 to 400 feet closer to the Pewter
Mug than they are right now, which is what would occur if this pro-
perty was developed as single family. He stated that the reason that
this site is in the poor condition that it is today, is because the
aite has bee~ mis-zoned for yeðrs, and he would request that this
petition be approv£d.
In answer to commissioner Hasse, Mr. Barton stated that the owner
,has owned this property for 10 years, adding that in the event that
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this petition is approved, the existing commercial structure will be
re~~ved this ye',r. He noted that there is a small apartment unit
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behind the commercial that may stay there longer because the women
that lives there is trying to find another location to move into on
,the fixed income that she hðs available to her.
commi..ioner vo.s moved, .econded Þy Commissioner Hasse and
oarried unanimouely, tbat tbe public hearinq Þe closed.
Commissioner Holland questioned if this type of structure tends to
buffer the noise from the Pewter Mug Restaurant, to which Planner
McKim stated that the residents to the East of the motel would still
be affected, but those to the south of the motel would have somewhat
of a noise buffer.
Commissioner Holland questioned what buffering is between the
, petitioner's property and the first homeowner's property, to which
Planner McKim stated that with the mangroves planted along the canal a
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May 6, 1986
buffer will be established, adding that possibly additional criteria
could be added. Sr.e stated that according to the zoning ordinance, in
certain instances, Staff requires a buffer with 80% opacity being
developed within a year of planting. She stated that the mangroves
could be planted thick enough to actually provide this vegetative
buffer. comaissioner Has.e moved, seconded by Commissioner Holland
and oarried 4/1, (Commissioner pistor opposed) that the ordinanoe as
numbered and entitled below be adopted and entered into Ordinanoe Boo~
No. 23, subjeot to the Petitoner's ~qreement and the amendment of sti-
pvlation liB" to read that the additional red lIIangroves seedlinqs
should be plante~ along canal banks and in the riprap area whioh shall
be included in the landscape plan to be reviewed tor approval by the
Netural Resouroe Management Department and that these manqroves shall
.eet the opaoity requirement of the zoning ordinance in relation to
buffering areas:
ORDINANCE 86-20
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AN ORDINANCE AMENDING ORDINANCE 82-2 THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER
48-25-5 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED PROPERTY FROM RSF-4 AND C-4 TO RT FOR A MOTEL FOR
PROPERTY LOCATED ON THE EAST SIDE OF US-41, APPROXIMATELY
1/2 MILE NORTH OF IMMOKALEE ROAD (SR-846) IN SECTION 22,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, .! 3.53 ACRES, AND BY
PROVIDING FOR AN EFFECTIVE DATE.
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aoaK Q~A~.r 30
May 6, 1986
Ite. U
ORDI~CE 86-21 RB PETITION PDA-86-1C, WILSON, MILLER, BARTON, SOLL ,
PEBX, RBPRESEIITING BARNETT BANIt TRUST CO. RZ 1\MENDMENT TO BERItSHIRE
LAltBS PUD - ADOPTED SUBJECT TO STIPU~TIONS
Lcgal notice having been published in the Naples Daily News on
April 4, 1986, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened to consider Petition PDA-86-IC, filed
by Wilson, Miller, Barton, SolI & Peek, Inc., representing Barnett
Bank Trust Co. reque~ting an amendment to Berkshire Lakes PUD.
Planner McKim stated that the petitioner is requesting amendments
to Berkshire Lakes PUD by adding Section 2.14, Parking, and amending
Section 4.04.03 Minimum Setba~ks. She stated that with the parking,
the petitioner is 5110wing 1-1/2 parking spaces per unit with 1/2 in
reserve, adding that Staff has added an additional stipulation
clarifying that landscaping will be required on the reserved parking.
She stated that the other amendment is a minimum setback from the golf
course of zero feet for the residential that backs up onto the golf
'.
course. She noted that the CCPC reviewed this and recommended appro:..,·,
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val with staff stipulations. She stated that no one spoke for or
against this petition and there was one letter of opposition received
with no reason given. She stated that the recommendation is for
approval subject to the Petitioner's Agreement,
Mr. Alan Reynolds of Wilson, Miller, Barton, SolI & Peek, Inc.,
representing the Petitioner, stated that his client is in concurrence
with staff stipulations.
P·~ge 19
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Maya, U8a
commi..ioner Goodnight moved, seconded by commissioner vo.. and
carried unanimously, that the public hearing be closed.
COlllllli.sioner Goodniqht moved, seconded by commissioner Holland and
carried unanimou.ly, that the Ordinance as numbered and entitled below
be adopted and enter~d into Ordinance Book No. 23, subject to the
retitioner'. Aqreement:
ORDINANCE 86-21
AN ORDINANCE AMENDING ORDINANCE 83-46 (PRE:VIOUSLY AMENDED BY
ORDINANCE NUMB¿R 85-75) WHICH ESTABLISHED THE BERKSHIRE LAKES
PLANNED UNIT DEVELOPMENT, BY ADDING SECTION 2.l4, PARKING;
AMENDING SECTION 4.04.03, MINIMUM SETBACKS; PROVIDING AN
EFFECTIVE DATE.
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Page 20
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May 6, 1986
Ite. 17
RESOLUTION 86-74 RE PU-86-4C, RE CENTRAL FELLOWSHIP BAPTIST CHURCH,
REQUESTING PROVISIONAL USE "A" OF THE "E" ESTATES ZONING DISTRICT FOR
A CHURCH FOR PROPERTY LOCATED ON THE WEST SIDE OF SANTA BARBARA BLVD.
- ADOPTED, SUBJECT ~O STIPULATIONS
Planner Weeks stated thðt the objective of this petition is to
build a church, adding that the lands to the north, south, and west are
zoned "E" Estates and lands to the cast, across Santa Barbara Blvd.,
are zoned RMF-12. He stated that lands to the north and south are
undeveloped, lands tv the east contain duplex residences and lands to
\ the west contain single-family dwelling units. He stated that the
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ì.
property is l50 feet by 856 f~et, which is compatible to the adjacent
...
proper~ies to the north and Aouth, and the property is presently unde-
veloped and is zoned "E" Estates which permits one single-family
dwelling unit per 2"l/4 acres, as well as providing for a variety cf
,provisional uses of which one is a church. He stated that the c~ucch
'that is requesting the provlsional use is currently meeting further
north on Santa Barbara Blvd. at present and therefore, this should not
affect the traffic. He stated that all agencies reviewed this peti-
tion ~nd have no objection to it, subject to CCPC's stipulations. He
stated that the CCPC hearing, six people spoke in favor of the oeti-
tion and two people spoke in opposition to the petition, objecting tJ
a non-residential use in a residential neighborhood. He noted that a
petition with 3l signatures was received opposing the petition, citing
concerns regarding the affect upon nearby property values and objec-
&OOK 094 P~~[ 33
Page 2l
iODK Q~lr.t 3(.
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Kay a, 19U
ting to a non-residential use in a residential area: a letter was
also received in opposition and no correspondence was received in
favor of the petition. He noted that the recommendation of staff is
for approval, subject to the CCPC's stipulations.
Commissioner Hasse stated that he would like to see some type of a
stipulation put on the petition so that there can not be numerous
buildings put on the property.
Reverend James Allen of Central Fellowship Baptist Church, stated
that he would agree to no other buildings than the church itself.
County Attorney Cuyler stated that the staff can incorporate this
into the resolution as one of the stipulations under Board direction.
Reverend Allen stated that they want to put up a church on
Santa Barbara B:vd. and be an asset to the community. He stated t.hat
he wants the church to comply and fit in with the surrounding n~jgh-
borhood aesthetically. He stated that this would be a small coun~ry-
.."
style church to meet their needs, adding that 60% of the membership ls.
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from Golden Gate City aod 40% from Golden Gate Estates. He noted that ~.
45' of t!I':: property will be left in its natural condition, adding that
he agrees with the stipulations. He stated that he is requesting that
he be allowed to build a house of worship.
Tap. II
The following people signed up to speak and simply indicated from
the audience that ~hey were in favor of the petition:
Homer Edwards
Margaret Jerguson
Cheryl Gatlin
John Green
John D. Jerguson, Sr.
Johnny Gatlin
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Page 22
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Fletcher Stephens, Jr.
Elias Seda
Maya, lU'
Muriel Black
Harold Krout
Commissioner Voss aoved, seconded by Commissioner Rasse and
carried unanimously, that Resolution 86-74 re PU-86-4C, re Central
pel10wship Baptist Church, requestinq provisional "A" of the "E"
Estate. loninq district for a ohurch for property located on the west
side of Santa Barbara Blv~. be adopted subject to petitioner's
Aqree!lent and JPJ.ndinq of Fact and the stipulation that no out
bu1ldinqs w11l be build.
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Page 23
BODK 094,w'l 40
Kay 6, 198a
It_ ,.
DISCUSSION BY A. P. JOHNSTON RE WATER AQUIFER - NO ACTION
Mr. A. P. Johnston stated that he is worried about the water
supply in Collier County. He referred to a report that was prepared
by the Southwest Florida Water Managêment District, adding that it
leaves no doubt that water use in Collier County needs very careful
control by the County and the City. He st~ted that the problems are
not going to be solved by one idea, noting that it will be every
little thing that can be tho'JQht of and designed to help the water
situation. He noted that there are homes being built with sidewalks,
parking areas, and very little place for grass which is the type of
thing that is contrary to the water needs. lie stated that hotels :ue
not in the best interest of water problems, as people are going to be
using water in abundance. He stated that all permits should have a
certain land requirement attached to them, adding that he would like
least one-third acre of land in order to apply for a permit.
to suggest that every dwelling unit that is approved should have at
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He
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stated thr.t there should be restrictions put on growth. He stated
that he is against taking 3/4 of a million g~llons of water per day
out of the ground to run an incinerator plant, He stated that the
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County cannot keep dcstroyi~g the aquifers, or moving people into the
area as the water is not available to support them. He stated that
the Planning Board should work on a project that would come up with
land area requirements per dwclling unit.
Page 24
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May', 1981
Commissioner Voss stated that the pre3ent problem with water
pressure is not the depletion of the aquifer, but rather the lack of
capacity in the treatment plant and the pumping facilities. He stated
that the Resource Recovery plant will primarily be using surface water
that is collected in a pond. He stated that not much can be done what
regarding the size of lots that already exist. He noted that all new
projects that are approved are required to have on-site holding ponds
so that the water does not run off to the Gulf and does tend to pec-
,colate back into the ground.
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Commissioner Pistor: stated that the County is about to build a
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dispo~al plant in East Naples and it is the County's intention to pump
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the effluent water from that plant to the Resource Recovery Plant to
be used for cooling. He stated that existing water supplies will be
used instead of pumping water out of the ground.
Mr. Johnston stated that anything that can be done to prevent
taking water from the aquifers is a good thing.
Commissioner Pistor stated that in most developments that are
being approved, the County is requesting secondary water lines be put
in so that the irrigation in the development will be done with the
effluent from the sewer plants rather than using potable water. He
stated that the County is trying to conserve potable water in every
way possible. He noted that the County is presently investigating
the possibility of tapping the Coral Reef Aquifer, which has more
water than the Golden Gate aquifer, and the County will be required to
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lOOK 094 P.r.t 41
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Maya, 19sa
look at running lines to the Fakahatchee Strand for additional water.
He stated that the County is looking at ways to supply water and other
ways to conserve water for the needs of the area.
..... Rece..: 11:55 A.M. - Reoonvened: 1:45 P.M. .....
Ite. t9
RESOLUTION 8'-75 ÃB PETITION 86-'C, FORSYTH, SWALM AND BRUGGBR, REP.
COURTLAND PLAZA OJ' NAPLES, INC. REQUESTING PROVISIONAL USE "e" OJ' THE
C-3 ZONING DISTRICT FOR AN AM/FM RADIO STATION AT 2500 AIRPORT RD. _
- ADOPTED SUBJBCT TO STIPULATIONS
Planning/zoning Director Pettrow stated that the objective of this
petition is to obtain provisional use "en of the C-3 zoning district
for an am/fm radio station, adding that lands to the north, south and
west are zoned C-J, and to the east the zoning is C-3 and C-4. He
noted that lands to the north are undeveloped, land to the east,
across Airport Road is a fire station and commercial plaza, land to
the south is a vacant lot, and to the west is a mobile home park and
undeveloped land. He stðted that the radio station has had its offi-
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ces, as well as the FM broadcast facilities at the present location
since July 1985, which incl~des a 30 foot transmitting tower on the
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roof of the building. He stated that the C-3 district allows a radio
station office from which a radio signal emanates, only as a provi-
sional use. He reported that the Petitioner was issued an Occupa-
tional license originally for administration offices and if this
provisional use is granted, it will make the radio station legally
conforming. He noted that Staff and all County agencies reviewed the
Page 26
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May 6, 1986
petition and recommended approval subject to the stipulation that any
establishment requiring a Collier County Public Health Unit Permit,
must submit plans for review and approval. He stated that the CCPC
held their public hearing and unanimously recommended approval subject
to the stipulation. He noted that no one spoke for or against the
petition and no corr:espondence was r:eceived. He concluded by stating
that Staff is recommending approval subject to the above-referenced
stipulation.
Mr. David Leigh, representing the petitioner, stated that he is
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àvailable to answer any questions and is requesting approval.
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C~lIIIIIi..ioner vo.. moved, .econded by COllllllis.ioner Holland and
oarried unanimously, that Resolution aa-75 re Petition pu-sa-ac,
por~yth, Bwa1m an~ Bruqqer, rep. Courtland Plaza of Naple., Ino.
reque.tinq provi.iona1 use "e" of the C-3 zoninq distriot for an am/fm
radio station tor approx. 1.4 aore. looated at 2500 Airport Road be
adopted subject to the stipulation that any establi.hment requirinq a
Collier County Public Health unit permit, must sUblllit plans tor review
and approval.
&OOK 094 pv,t 43
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Maya, 19sa
Ite. 110
PETITION MP-8¡-lC, ltRIS A. DANE, P.E. REP. HARBOURBIDB AT WIGGINS BAY,
INC. REQUESTING VARIANCE FROM THE REQUIRED MINIMUM DISTANCE BETWEEN
STRUCTURES FOR PROPERTY LOCATED AT THE CORNER OF WIGGINS PASS ROAD AND
VANDERBILT DRIVE - APPROVED SUBJECT TO STIPULATIONS
Planner Weeks ~tated that the objective of this petition is to
construct multi-family structures with building separations less thðn
required by the PUD document. He noted that the subject property
currently contains one two-story multi-family structure which meets
~.the required setbacks. He stated that the petitioner proposes to
construct eight additional two-story multi-family structures on the
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subject property and five of these proposed structures do not meet the
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required minimum distance between structures. He indicated that
Wiggins Bay PUD was approved by the Board on December 28, 1982, and
the PUD document allows the structures on the subject property to be
constructed up to 15 stories in height. He stated that the petitioner
is proposing to construct nine two-story buildings for a total of 70
units and the petitioner's proposal reduces the total number of units
and density. He noted that the two-story structures would be more
compatible with the existing structures on the subject property and
adjacent tracts. He reported that Staff and all appropriate County
agencie3 reviewed this petition and had no objection to its approval
subject to the stipulations that the variance requested shall only be
applicable to the five structures as shown on the site plan, that the
four proposed additional structures affected by this petition shall be
ðODK 094 Plr.[ 47
Page 28
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BOOK 094 PAGt48
May 6, 1986
limited in height to two stories. He noted thðt there was a stipula-
tion that no transfer of density rights shðll be permitted from the
subject property to any other tracts within this PUD, but upon further
review, Staff found that there is a provision within the PUD document
that allows the transfer of density subject to the review and approval
by the Zoning Director and, therefore, this stipulation should be
deleted. He noted that the CCPC held their public hearing and recom-
mended forwarding this petition to the Board for approval subject to
the first two stipulations.
Commissioner Hasse questioned why the density rights should be
waived, to which Planner Weeks stated that the PUD document has
language in it that would allow them to trðnsfer the density from this
particular tract elsewhere, adding that they felt it was a good idea
to have this stipul~tion in the staff report, but then upon reviewing
the PUD document the stipulation was found that would allow them ~o
.~
transfer the density, which means that there would be ð conflict. Hè.\
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stated that there is a total of about 40 units that they ðre reducing ~.
the subject tract by, but with the provision in the PUD document
that would allow them to transfer those 40 units or a portion thereof
upon review and approval by the Zoning Director, he did not feel that
it would be appropriate to stipulate that it not be allowed.
Commissioner Pistor stated that there is no increase in the
overall density or total number of units for the project.
commissioner Voss moved, seconded by Commissioner Holland and
oarried unanimously, that petition MP-86-1C, Kris A. Dane, P.E. rep.
paqe 29
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May 6, 1986
Harbourside at Wiggins Bay, Inc., requesting a variance from the
required minimu~ distance between structures for property located al
the corner of Wigglns Pass Road and Vanderbilt Drive be appr:oved sub-
ject to the following stipulations:
a. The variance requested shall only be applicable to the
five structures as shown on the site plan.
b. The four proposed additional structures affected by this
petition shall be limited in height to two stories.
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!GOK ŒJ4 W! 4.9
May 6, 1986
Item '11
STAFF TO NEGOTIATE A LEASE FOR THE 6 ACRE SITE AT PELICAN BAY WITH THE
CULTURAL CENTER FOUNDATION AND AGREEMENT WITH WESTINGHOUSE AND RETURN
TO THE BCC ON MAY 20, 1986, WITH ALL LEGAL ISSUES RESOLVED
Pat Carroll of the Engineering Department stated that this is a
discussion of the terms of a lease that is currently being negotiated
between the Board and the Naples Cultural Foundation for the future
construction of a cultural center on land in Pelican Bay. She stated
that as directed by the Board, staff has been negotiating the terms of
the lease with representatives of the Naples Cultural Foundation,
,poting that there is a copy of the draft lease attached to the
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Exe~utive Summary which best represents the status and negotiations.
She s~ated that since there are still some unsettled issues, Staff
requested that th~ Board listen to some of the complaints and
discussion involved with this project in order to give Staff further
,direction.
Mr. William Hutchinson, President of Naples Cultural Foundation,
stated that the Naple~ Cultural Foundation, a Florida not-for-profit
organization, was founded August, 1985, because the people of this
community have shown that they enjoy and support visual and performing
arts. He stated that it is obvious to all that available facilities
places severe limitations on the quality of educational and artistic
presentations and constitutes a deterrent to healthy growth of both
the participation in and the enjoyment of the arts. He stated that
when the Pelican Bay property became available as a site for a
am 094p,,,¡ 51
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m~ 094 w', 52
May 6, 1986
cultural center through a special arrangement between Collier County
and Westinghouse, the Foundation filed a proposal to lease the site
from the County. He stated that on December 17, 1986, the Board voted
unanimously, authorizing acceptance of the property from Westinghouse,
declaring a cultural center faci Ii ty to be the highest and best use of
the property, acceptins the proposal of the Foundation for construc-
tion and operation of a cultural center and authorizing staff to com-
mence lease negotiatjons, He stated that at a cost of $2l,000 the
Foundation engaged Brannigan, Lorrelly Associates of New York, to
determine the cultural needs and wishes of the community. He stated
that the local performing and visual arts organizations that par-
ticipated in this survey were the Finc Arts Society of Collier County,
Naples Community Concert Association, Naples Marco Philharmonic,
Naples Players, Royal Brass, Southwest Florida Symphony, Friends of
Art Museum, and Naples Art Association, adding that these local orga-
nizations will use the cultural facilities in the presentation of\.
artistic cultural, educational and entertainment programming which
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will meets the needs and wishes of the community as evidenced by con-
tinued community attendance and financial support. He noted that the
consulting firm recommends construction of a 1200 foot multi-purpose
hall for the performing arts, for symphony concerts, chamber music,
dance, operð and theater performances, a 299 seat drama theater which
may also be used for children's theater and community events that do
not require the larger hall, a 25,000 square foot art museum with
Page 32
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May 6, 1986
galleriea for permanent collection and temporary exhibits, a 100 scat
lecture hall and a sculptured court or garden. He stated that in
planning anything, choices have to bp- made between alternatives,
adding that it is ~ot possible to satisfy everyone's wishes, but it is
felt that the Foundations choices met the needs and wishes of the
greatest number. He stated that the Pelican Bay site was chosen over
the Fleischmann site because of higher elevation and will be less
costly to build and safer from the risk of flooding, it does not have
',25,000 planes flying directly overhead each year as does Fleischmann,
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it ,is available now and the community is ready for a cultural center
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now. ~~e stated that a multi-purpose hall is chosen for the performing
arts rather than a hall built solely for music because the survey
tells him that a ~ommunity this size needs educational, artistic and
,entertainment performances other than music to support it financially.
He stated that they chose to combine the three facilities, the hall,
theater and art music on a single site because it is more economical
to build an operate a complex than it is to build and operate facili-
ties at different locations.
Tap. .7
Mr. Hutchinson stated that he believes that the Foundation has cho-
sen the best combination of alternatives and they are willing to
pledge their resources, talents, time, ûnd efforts to raise $20
million for a cultural center which this community deserves. He
stated that it will be funded and operated as a not-for-profit organi-
m~ 094p~('L 53
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&COK 094 PA(.[ 54
May 6, 1986
zation and will not be supported by local taxes. He noted that there
is ð problem with th~ legal language noting that as long as the word
"park- is contained within the lease, Westlnghouse will not transfer
the deed to the County and without it, the Foundation cannot lease the
site. Be stated that Wéstinghouse will not transfer the deed if there
is languag~ that would indicate that a park could be put on that site
because Westinghouse has 26 acres at the corner of Vanderbilt Road and
U.S. 41 that they may want to develop and they do not want to be pro-
hibited from selling or consuming alcoholic beverages on that 26 acres
simply because they are within 500 feet of a park site. He stated
that he is reques:ing that this draft be presented to the Board on May
20, 1986.
County Attorney Cuyler stated that Westinghouse has concerns that
they will be limited to development of their property at the corner of
Vanderbilt Road and U.S. 41, which is why the deed has not been trans-
ferred at this time. He stated that if the site is designated a p~rk,
Westinghouse must comply with the 500 foot setback that is in the '
Zoning Ordinance.
Ccmmissioner Voss questioned if the property were leased to the
cultural foundation in its entirety and it was not called a park,
but the parking lot that is going to be built for the general publi~
to use in the daytime was built and benches were put around the re-
tention pond, could Wer¡tinghouse then transfer the Deed? Attorney Don
Pickworth stated that he feels that this could be done, adding that
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May 6, 1986
the bottom line is that there will be what has been described by Mr.
Hutchinson on this site, there will be parking facilities, there will
be ð "passive park" that can be called whatever the County would like
to call it. Mr. Pickworth stated that what is on the ground is going
to be the same irregardless of what Westinghouse calls it, but by not
using the word "park" Westinghouse will be able to do what they want
with their commercial property.
In answer to CommiRsioner Goodnight, Planner McKim stated that the
. PUD language reads that the major portion of this area, which is the
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'20 acres for a community park, is intended to serve as a community
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p~rk with the minor portion to be used for such things as fire sta-
tion,~library, Sheriff sub-station, branch courthouse officea, audi-
torium, ete, She stated that non-administrative uses such as open
storage, equipment yards, and other non-compatible government func-
~ions shall not be permitted within this site.
Commissioner Goodnight questioned if that language is in the PUD
document, how can Westinghouse change it now by indicating that this
site cannot be used as a park, to which County Attorney Cuyler stated
that the Master Plan is somewhat adjustable as all PUD master plans
are, adding that the exact location of this area is not designated in
the Master Plan. He stated that there is flexibility in the Master
PIon and there is a possibility that it could be arranged so that
there is five hundred feet to the commercial area, adding that
Westinghouse has indicated that based on past interpretations with the
ðOGK 094 fN 55
Page 35
&OOK 094 PJ~,¡ 56
May 6, 1986
County that their concerns were not that scrious until recently. He
stated that they did not want to deed the property and place them-
selves in a posi tion of having these discussions after the property
was deeded. He stated that they want to be sure that this is not
going to cause them a serious problem in the development of their com-
merical site,
Commissioner V03S stated that the essence of this matter is
deciding what the Commission wants done and once the decision is made,
it is up to the attorneys how to accomplish it,
Commissioner Holland questioned if this would be a major or minor
change to the P~D with reference to the location of the building, to
which County Attorney Cuyler stated that if this is in accordance with
the language of the PUD, t~e Board has the discretion and authority to
act within that language and can do certain things. He stated that he
feels comfortable that the agreement that the Board has tries to \
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nccomplish having a community park, still leasing the property to the
Cultural Center, and that is not a major change in the PUD, noting \~.
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that the PUD has certain uses in the language and the way the
agreement is structured, he feel3 that it complies. He stated that it
is the designation of the park that is the problem from Westinghouse's
point of view,
In answer to Commissioner Hasse, County Attorney Cuyler stated
that the pcoperty is not deeded at this time and there is some flexi-
bility in the Master Plan. He stated that if the Master Plan has pro-
Page 36
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May 6, 1986
perty designated for a particular use, those boundaries can be
adjusted somewhat wtich is one of the purposes of the Master Plan. In
answer to Commissioner Holland, Planner McKim stated that the PUD
indicates that 20 acreÐ located in the vicinity of the community com-
mercial parcel near Vanderbilt Beach Road and U,S. 4l will be dedi-
cated to Collier County in increments of 5 acres per each 1,000
dwelling units permitted for the first four dwelling units permitted.
She stated that it also 5tates that should the requirement for use of
a part of this 20 acres develop prior to the above described dedica-
tion rate, the applicant will make available at the early date a spe-
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cific area for an immediate ~pecific use.
Tapes "a, '9, and .10
The following people spoke against the County giving away County
land and the use of the land for a cultural center, citing the need
!or beach parking, governmental services and community parks, a
Bubst~ntial deviation from the PUD document, the need for the two
cultural groups to combine as one, and a more centralized location:
Dave Bruner
Maxine Thorson
Donðld Llewellyn
Virginia W. Glasgow
Richard Braun
Dorothy Johnson
Ira Evans
Genevieve Mills
Robert Asmuth
Suellen Kirsch
Donald Rustad
Charles Zinsmaster
William A. Snelling
Myra Daniels
Florence Aurgst
Mike Zewalk
The following people spoke in favor of the cultural center citing
the facts that this type of facility is needed in this community, is
in a good location, will bring in additional industry into the area,
&OOK 094w.t 57
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May 6, 1986
Barbara Mann
Henry Maxant
Edward Anthony
Dr. William Perry
Almeida Evans
Philip M. Francoeur
A letter was received from Dr. James Cain indicating that he is in
favor of this type of facility as there is a great need in Naples for
such a facility.
Mr. William vines read into the record a statement regarding com-
ments on the Fleischmann Estates property.
^ letter was received from Mr. George Keller indicating that the
property should be reserved for the citizens of Collier County and not
used as a cultural center.
Tape '11
Commissioner Voss stated that over a year ago, he met with a group
of people to find out how a cultural center could be built, adding
that at t~at time the group talked about where a cultural center could
be located. He stated that they looked at the 50 acres that is on
Rattlesnake Hammock Road and S.R. 951 and decided that it was not a
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good place to have it because it would be difficult to raise money for
it in that location. He noted that they looked at the site at
Fleischmann and at the site at Pelica~ Bay, adding that in the
planning they looked at the fact that Airport Road and Goodlette Road
would be four-laned to Immokalee Road and Vanderbilt Beach Road would
be extended across Goodlette Road and Airport Road to C,R. 951 which
would be a good network of roads. He stated that the group decided
that the best location, in their opinion, was the Pelican Bay site.
Page 38
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May 6, 1986
He stated that he signed the incorporation papers to get the Naples
Cultural Foundation started, but he has since resigned from the Board
in order not to create any type of conflict of interest. He stated
that if the site turns out to be the Fleischmann site that site will
go off the tax rolls and will cost the taxpayers money, He noted that
irregard.,esa of where the site is, it is going to cost the taxpayers
money and it will b~ worthwhile. He stated that he does not feel that
it is up to the Commission this date to decide which of the two sites
'the cultural center should be built on, adding that what is being
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discussed is whether or not the County is willing to lease to the
"-
Cultural Foundation the site at Pelican Bay if all the legal details
can be worked out,
Commissioner Hasse stated that this is Collier County property and
'it belongs to the people of the County and it is nut within the
Commission's rights to gi~e away this land, particularly not knowing
what is going on the land and where it is going to be placed. He
stated that there is also ð lot of concern regarding beach access and
indicated that the County needs parking access to the beach and this
area could be used for that purpose. He stated that the two cultural
groups should also get together and work from one site. He reported
that he feels that the County is moving too fast and this property is
too valuable to do that.
Commissioner Goodnight stated that there has been some discussion
in the PUD document that calls this 20 acre a community park and in
&COK 094 W.[ 5.9
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May 6, 1986
order for it to be a community park it has to consist of a minimum of
40 acres, therefore, the only thing that this can be considered is a
neighborhood park. She stated that she feels that the community needs
culture and when this was first discussed, she w~s in favor of it.
She stated that she feels that the parking for the beach is very
important.
commissioner Gooðnight moved, seconded Þy Commissioner VQSS, that
the 6 acreft Þe leased to the Foundation and the rest be used for
parking anð a passive type park and that Staff be instructed to
instruct the lawyers to come with an agreement with westinghouse as
tar as their concerns on the liquor and exactly where the property
will bø aDd bring it back to the Board.
Commissioner Holland stated that he would like to see the County
Attorney check the legality as far as the change in the PUD is con-
cerned, the State and Regional requirements be checked, and the deed
\.
changes from Westinghouse.
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comcissioner Gooðnight stated that she would amend her motion to
\.
instruct staff to check the Regional anð state requirements, to check \,
the deed requirements and the PUD ðocument regarding all legal mat-
ters. commissioner Voss amended his second.
Mrs. Carroll stated that Staff has negotiated with the Cultural
Foundation since December and the interest of the Cultural Foundation
has been taken into consideration, but Staff has also had to take into
consideration the land use issue and the potential use and benefit by
Page 40
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May 6, 1986
the general public. She stated that at this time, she needs specific
direction from the Board. She stated that she needs to know if it is
the Board's intentio~ to lease the full area, adding that she believes
that Mr. Hutchinson is not interested in leasing only 6 acres.
Attorney pickworth stated that it makes no dif:erence what the
acreage is because they have committed to what they are going to do
however it works. He noted that the cultural Foundation has been
operating up to this point under a plan where there would be ultima-
~elY 6 acres under lease and the rest would be developed by the
cúltural Foundation as a pa~sive park, with the parking, and turned
...
back to the County. He stated that at that point, the only property
\
that would be under lease would be the 6 acres, adding that in order
to resolve the ccncerns westinghouse has, if the Foundation needs to
have the entire site under lease, they are prepared to do it that way.
Mrs. Carr0l1 stated that Staff would li~e dir~ction as to whether
to continue with the lease as written or if Staff should negotiate
with Westinghouse for the lease of the entire area. She stated that
if she is to work with Westinghouse on the lease for the entire area,
then there needs to be a determination as to what action will be taken
to approve the use of the entire area in relation to the PUD wording.
County Attorney Cuyler stated that the legal advise depends on how
the lease is structured, the terms in the lease, the amount of land
that is leased, adding that he has been proceeding under the assump-
tion that a minority of the property would be leased to the cultural
~QO( 094w.~ Ul
Page 41
m~ 094. PI~,t 62
May 6, 1986
Center and the majo~ity of the property would be dedicated to parking
and a passive park. He stated that if this is going to change, there
may have to be changes in the PUD language.
Commissioner Holland questioned if the County is accepting the
responsibility of keeping up the parks and lakes, etc., to which Mr.
Pickworth replied affirmatively, adding that the way it was designed
was that the entire site would be developed by the Cultural Foundation
at its expense.
Commissioner Holland stated that in the original lease, it indi-
cated that if the Association should decide to turn this back over to
the County the Cvunty becomes the owner, and questioned what would the
County do with it and how would the County pay for keeping it up?
Mr. Pickworth stated that it was originally in the County's draft
that the County would become the owner if the association should ever
decide to turn it back to the County.
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Commissioner Holland stated that if the Association decides to
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turn this cultural center over to the County after 3 years, the County ~.\
would not be able to maintain such a facility. He stated that he also
needs clarification on the right of the Foundation to lease the pro-
perty to whomever.
Mr. Pickworth stated that the language that is in the lease is for
the purpose of leasing the hall for the night, such as when an
orchestra comes in to play for the night or if some hatel wants to use
it for the night to sponsor a concert, this could be done.
Page 42
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May 6, 1986
, County Attorney Cuyler stated that there are a lot of provisions
in this lease that are subject to the review of the Board and prior to
enactment of this lLase all these things need to be looked at and con-
sidered.
County Attorney Cuyler stated that he understands the direction of
the Board is to negotiate the lease document for the 6 acres and to
check into the PUD and all legal requirements.
Commissioner Pistor indicated that he would like to have this
matter brought back on May 20, 1986.
\
In answer to Commissioner Hasse, Mrs. Çarroll stated that in the
, ....
legal~description there are established boundaries for the 21.13 acres
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that will be deeded by Westinghouse, adding that at this point, the
problem with th6t site deals with the word "park" and if that site is
left where it is and the word "park" is taken out, the land is not
'used for a park use, then Staff will pursue a PUD amendment. She
stated that if 6 acres of the established area is leased, the
remaining portion of about 11 acres would be termed "park" and would
be adjacent to the commercial area of the Westinghouse properties and
this is where the conflict arises.
Commissioner Holland stated that he feels that it should also be
decided as to what to do with the balance of the land because the
County has to keep it up as far as the roads, parking, and landscaping
are concerned.
County Manager Lusk stated that if only the 6 acres is considered,
a park will not be built and only the roads going into the 6 acres
will be built.
&ûOK 094 w''. û3
Page 43
BCOK Q94PAr.t 64
May 6, 1986
Commissioner Goodnight stat~d thRt there will be 6 acres that the
cultural center will be housed on and then on the remainder of the
land, there will be parking that can be used by the entire County and
there will be a park that will be used by the County also.
Mrs. Carroll stated that her interpretation of the motion is a
general acceptançe of the lease as it is written, but that the Board
needs legal verification ~nd additional information on which to base
their decision, and also, she will need to work out the location of
the land with Westinghouse so that when the lease is presented for
execution, there will be a deed to the property, Commissioner
Goodnight conCUl ;ed with the interpretation of the motion as indicated
by Mrs. Carroll.
upon call tor the question, the motion carried 3/2, (commissioners:
Hasse and Holland opposed).
....*
Recess: 4:55 P.M. - Reconvened: 5:00 P.M. with Deputy
Cler~ Magri replacing Deputy Clerk Kenyon ..... \
Itelll 112
RESOLUTION 86-76 RE PETITION PU-06-3C, DR. 6PAGNA REPRESENTING
JI:HOVAH'S WITNESSES, INC. RE PROVISIONAL USE "a" OF "E" ESTATE6 FOR A
CHURCH AT 4611 GREEN BLVD. - ADOPTED
Planner David Weeks said that the proposed church is located on
the north side of Green Boulevard, west of C.R. 951 and east of Santa
Barbara Blvd., cor.sisting of approximately 2.7 acres and the applicant
is requesting a provisional use for a church in the Estates zoning
District. He said that lands to the north, east and west are zoned
Page 44
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May 6, 1986
"Estates" and lands to the south across Green Boulevard arc zoned
PUD, ~ontaining 83.45 acres and is approved for 912 multi-family
dwelling units. He said that the proposed church will be in excess of
200' from the nearest residence and the church will have access onto
Green Blvd. only, whereas the surrounding parcels have acce5S onto
15th Avenue, S.W. Therefore, he said that the traffic generated by
the church will not be mixing with this.
Commissioner Hasse questioned if the surrounding properties will
,have access to Green Blvd.? Mr. Weeks said that the Engineering
D~partment apparently had a policy at one time that access could not
,
be g~anted to residents onto Green Blvd., they had to use 15th Avenue,
S.W. ~e said that Has brought up by a citizen in the area, and after
discussing this with the Engineering Dept, it appears that they can
have access onto Green Blvd. but he said that at this time all of the
~esidents have their approved access onto 15th Avenue, S.W.
Commissioner Hasse questioned if there is "ST" in that area would
they have to come before the Board to obtain a driveway? Mr. Weeks
replied that they would have to get a permit from the Engineering
Department.
Replying to Commissioner pistor, Mr. Weeks said that he checked
with the Engineering Dept. and the church could be granted access on
Green Blvd.
County Attorney Cuyler said that the Public Works Dept. has
checked this out. Public Works Administrator Kuck said that Green
:&OOK 094.p~(,t ß5
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~OOK 094 PAR GB
May 6, 1986
Blvd. is not a limited property and if a person owns property there
they would have access to Green Blvd.
Mr. Weeks said that staff has reviewed the petition and recommends
approval and the EAC r~commended approval, subject to stipulations.
Also, he said that the developer will work with staff to replace
native trees lost and has agreed that the cypress stand will not be
disturbed, and that will be included in the stipula~ions. He said
that at the CCPC hearing six persons spoke against the petition, none
spoke for it, and th~ir motion for approval was denied 2/4. He said
that to date approximately 32 letters have been received in favor of
the petition, 28 in opposition, and a petition with 101 signature con-
cerning effects on nearby property owners,
Dr, Neno Spag~a, representing the petitioners, said that at the
CCPC meeting a Mr. Good did speak on their behalf. He displayed a
site plan, indicating that they will use 255' and the remaining 405'
\
will be left intact. He said that the original plan had a road that,
accessed onto 15th Avenue, S.W. and they took the road out in order to \
".
preserve the cypress area, and that is why they are coming in off of
Green Blvd, He noted that the petition was previously denied in a
different location and they have found this site, and the staff report
relates the background. He s3id to be compatible with surrounding
areas, they have left an 18' buffer. Dr. Spagna noted that another
objection was that when people bought in the area it was their idea
that it would always be reserved for residences. However, he said
Page 46
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May 6, 1986
that the "E" Estates district, just like every other district in the
County, does allow churches to be placed in the area subject to con-
ditions. He said that the provisionJl use does require cp.rtain provi-
sions in order to safeguard the surrounding properties and that they
have gone the extra mile to place distance, make a buffer, and to
retain the naturalness that exists there today. He emphasized that if
the petition is approved there will be no buildings or roads in the
cypress area and it will be preserved as required by staff .
Replying to Commissioner Pistor, Dr. Spagna said that the buffer
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ðrea will be whatever the Natural Resources Management Department
. '~
feels will enhance the area and be reasonable to improve the
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appearance.
Commissioner voss questioned the use of vehicles through the area
and Dr. Spagna said that never was discussed.
'ii
Replying to Co~missioner Hasse, Dr. Spagna said that his client
"
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would be willing to make a written agreement stating that they will
only put one building on the property and they would not deviate
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substantially in size. He said that they would commit to abide by the
plans and if there are any additional buildings they would be willing
to come back before the Board. He said that the proposed building is
50' x 80', one-story, about 20' high. He said that they would be good
neighbors.
,
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'Tape 113
í'
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Deputy Assistant County Manager Brangaccio read a letter dated
April a, 1986 from Maureen D. Van Riper, opposing the petition.
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ðCOX (][)4 f:':; 67
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May 6, 1986
t1r. Wallace Andree said that although churches are permitted in
residential areas, some of the property owners ðre failing to
recognize the fundamental rights of a free exercise of religion. He
referred to the petition in opposition, with over 100 signatures, and
said that almost one-half of those persons are on the west side of
Santa Barbara Blvd. He noted that they had no opposition to the
Baptist Church, which which granted a provisional use this date. He
said that they make reference to the fact that it is going to lower
the value of their property and he would like to see that proven. He
said that churches actually enhance property. He said that when the
congregation get. so large that they can not hold them, they will find
another area, and they would be willing to sign th~t they would not
add to the Kingdom Hall, He said that the building will be made of
stone and wood, be compatible, and fit in with the natural setting.
Mr. Harry Good noted that there are 15 churches in the area, all
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in residential districts, which is the logical place for them.
He
'.
said that they have tried to find an area where they would have the \.
least impact on the community, and noted that there are no houses on \
Green Blvd. He noted that they will only be using about 1/3 of the
property. He referred to the petition that was approved for the
Baptist Church this date and said that he is puzzled by the opposi-
tion. He said that all of the c~ngregation resides in Golden Gate
City or Golden Gate Estates.
Mr. W. R. Laux, said that he is in real estate and he definitely
does not want to see property values go down, He noted that they are
Page 48
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May 6, 1986
spending money for land and a building ano they definitely don't want
it to deteriorate, He said that when they found out there was opposi-
tion they moved the access road. He said that the building and pro-
perty will be taken care of.
Tap. .14
Mr. Roger L. Default, Jr. said that they are not opposed to any
type of religion, they are opposed to a church, He said that he is in
the landscaping business so when they say they are using an 18'
buffer, that is not very much. He noted that until the second week of
,April of this year no one could get access on Green Blvd. He said
-,
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that he would be müch happier if the church located across Green Blvd.
in a multi-family are~.
Pame],a Axell said that she is definitely against a church, has
tiveä by churches, and when they cannot park in the lot they park in
;the street.
Leah Karnis said that she would be opposed if it was her own
church.
Mr. Dennis Roberson said that it was mentioned that there are no
houses on Green Blvd. He said that he lives on 15th Avenue, S. W. and
that is their backyard. He said that it is in a natural state and
creates a buffer between Golden Gate City and Golden Gate Estates. He
said to approve this petition would create a negative effect on the
area. He said that they have a clear majority in opposition to the
petition and asked the Board to follow the CCPC recommendation of
denial.
&CCK 094 PA',! 69
Page 49
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May 6, 1986
Margaret Wright said that she took the petition around and did not
mention the denomination. She said that she believes that when a
group of people want to keep their area residential, they have that
right. She said that they would like to see churches go on the south
side of Green Blvd. She mentioned that the Electric Company has a
provisional use at the end of the street, and in speaking to a neigh-
bor who lives on th~ other side of 15th Avenue, they have had a
$20-30,000 assessment increase and she has had approximately a $2,000
increase, because a provisional use does lower the value of the home.
Mr. W. K. Wilson, 15th Avenue S.W. resident, said that he has an
ATC track next to him and he sees that site as the next track on 15th
Avenue S.W. He said that their backyards are facing Green Blvd. and
they ~dnt to keep it that way, they do not want a church in their
backyard. He said that they do not want any~hing but residences and
that he feels the Board is duty-bound to abide by the majority vote.
Mr. Ivan Vepy said that if the people living on the street canno~\'
decide their future that it would be very undemocratic. \.
Commissioner Holland questioned the size of the proposed building
and Dr. Spagna replied 50' y 80' for a totol of 4,000 square feet.
Commissioner Holland asked if they are willing to stipulate that will
be the approximate size of the building and Dr. Spagna dgreed. He
then asked if they would be willing to fence the back part of the pro-
perty, because he believes that it would be for the benefit of the
property owners and the church. He said that the boardroom is 40' x
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70' and has 144 seats plus staff seating, an( he does not believe that
it is over-crowded, so the size that was quoted seems reasonable for
150 people. Commissioner Holland said that if they agree to maintain
the size of the bu~lding and to put up a fence to prohibit the ATC's,
he would feel comfortable with it.
Commissioner Hasse questioned the staff as to how the people on
15th Avenue were cut off from Green Blvd.? Public Works Administrator
Kuck said that he is not sure when people were denied access to Green
Blv1. and that he would have no problem granting access. He said that
'he waa not aware of the situation until now,
\
Tap. 115
...
Cvmmissioner Holland said that he lives 600' from a church and the
people have caused him no problems. Citing the fact that the people
have agreed to put a fence across the back and have agreed to keep the
'size of the bu ild ing to 50' x 80' Commissioner Holland moved that the
peti tion be approved. conunissioner Hasse seconded the lIIotion, adding
that it was a difficult decision to make. He suggested that the
neighbors keep an open mind, adding that the average church is an
asset to the community and trouble-free. Motion carried 5/0,
whereupon Resolution 86-76 was adopted,
&OOK 094 pV.[ 71
Page 51
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May 6, 1986
Item 113
RESOLUTION 86-77 REDUCING SPEED LIMIT ON LAKEWOOD BLVD. AND APPROVING
A PLAN OF IMPLEMENTING ADDITIONAL TRAFFIC CONTROL MEASURES - ADOPTED
Mr, George Archibald, Tran~portation Director, said that the
proposed resolution is a result of a resolution submitted by The
Lakewood Community Services Association which represents about a dozen
homeowners associations. He said that they recommended certain traf-
fic control meðsures, the Transportation Dept. has reviewed it, and
confirmed that some of it should be implemented now and some later.
"
H~ ðsked the Board to adopt the resolution consolidating the speed
li~ìt on Lakewood Blvd, to 25 M.P.H,
'\
Commissioner Holland questioned the golf cart crossings. Mr.
Archibald said that the Association wanted them to pai~t the existing
golf cart crossings and they agreed to it and the members of the Club
:indicated to th~;" that they would reimburse the County, but instead of
painting them they put thermoplastic down. Replying to Commissioner
Holland, Mr. Archibald said that they would mark the golf cart
crossings. He said that there would be no stop signs and they would
have to yield to the traffic on Lakewood Blvd, Commissioner Holland
said that he would like to see stop signs put at the golf cart
crossings and Mr. Archibald said that he would check with the Club and
Associations to see what signs they have. He also noted that he has
received a letter from Col. Beebe supporting the proposed resolution.
commissionðr Holland moved, seconðeð by Commissioner Voss and
carried 5/0, that Resolution 86-77 establishing a uniform speed limit
,m OD4 W,J 75
Page 52
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,oo~ 094 PAr.[ 76
May 6, 1986
of 25 M.P.H. on Lakewood Blvd. and all streets within Lakewood
Subdivision be adopted and that the Implementation Plan for Lakewood
Boulevard as outlined in tr.e Executive Summary dated 4/22/86 be
approved.
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ICOK 094 PAGE 78'
May 6, 1986
Item '14
BID '86-915 AWARDED TO APAC-FLORIDA FOR FOUR-LANING OF PINE RIDGE RD.,
C.R. 896 (JCT. OAKS BLVD. TO JCT. C.R. 951) - APPROVED
Legal notice having been published in the Naples Daily News on
February 14 and 23, 1986, as evidenceñ by Affid~vit of Publication
filed with the Clerk, bids were received for Bid #86-915 for four-
laning of Pine Ridge Road until 2:30 P.M., April 4, 1986.
Mr. George Archibald, Transportation Director, said that this par-
ticular job has a timeframe of 9 months, they will start in June and
complete the job in February of 1987. He noted that the other
contract that they have with APAC is for 12 months.
Commissioner Holland asked if it takes 9 months to build 3 miles
of road? Public Works Administrator Kuck advised when they get into
rock excavation it is very time consuming,
commissioner Voss moveð, seconded by Commissioner Hollanð and
oarried 5/0, that Bið '86-915 be awarded to APAC-Floriða, Inc. in\~he
amount ot $1,793,028.91, contingent upon the County's receipt ot a
\
ðreðqe and fill permit trom the Department of Environmental Regulation ~.
prior to the latest contract execution date ot June 27, 1986 as spe-
oifie4 in the bid bonð.
Item U5
AGREEMENT WITH COOPERS' LYBRAND, CPA'S IN AN AMOUNT NOT TO EXCEED
$32,000 TO PERFORM A COMPREHENSIVE UTILITY RATE STUDY - APPROVED
Chairman Pis tor noted that there has been a memo received from
Fiscal Officer Giles relating to this item,
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May 6, 1986
Mr. Michael McNees, Acting Utilities Administration Director, said
that he could respond to the memo, H~ noted that due to the number of
private utility acquisitions of the Water and Sewer District over the
past year, a comprehensive rate analysis is something that the Utility
Division feel~ is badly needed and that they had planned on coming to
the Board to ask for it some time this summer; however, since the
recent East Naples acquisition and approval of that purchase, they
feel the need fo~ the study is more immediate, He said that they
'solicited proposals and received only two responses and he recommended
"
that the proposal from Coopers & Lybrand be accepted,
,
Mr~ Gil~s said that his problem is not with the firm selected as
he feels that either Deloitte, Haskins & Sells or Coopers & Lybrand
can perform an adequate study on the rate. He said that he is
,beginning to be at a loss as to the Board's policy regarding the
hiring of independent consultants. He said that when the recommen-
dation comes in it usually involves quite a bit of money and if the
Board is not specifying in advance what the scope of the work is,
sometimes one firm might take a different interpretation of what is to
be done and give ~ lower bid and then you don't have as much as you
thought you would get if the scope of work is not well defined.
Commissioner Voss asked if both firms were told simultaneously,
and Mr. Crandall, Utilities Administrator, said that they were not.
He said that they were interviewed separately and followed up with a
written proposal. McNees said that they provided both consultants
with the same written documentation.
!COK 094 W., 79
Page 55
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IGGK ŒJ 4 fV). 80
May 6, 1986
Commissioner Holland que5tioned at thi5 point in time, with the
recent acqui5ition of the sewer and water plant5, if the County has
had then long enough to find out what the fiscal impact will be? Mr.
Crandall said that their rates are significantly different then the
rest of the custome:s that the County has, and they would have to
establish those rates by ordinance.
Chairman Pistor asked Mr. Giles if he would like to have this item
postponed for one week? Mr, Giles said that was not necessary, his
concern was that when something is done and it is not in accordance
with Board policy, he feels that he should bring it up and he wanted
the Board to be aware of the fact that they do have a policy.
County Mana~~r Lusk said that Mr. Crandall is very concerned
about the rates and what is going to be generated with the Utility
Department and he has had a lot of changes within the last few months.
commissioner Voss moved, seconded by Commissioner Hasse, that ,a
"
contract be awarded to Coopers' Lybrand in the amount of $32,000 to'
perform a rate study for the Utilities Division.
Commissioner Holland said that he would assume that they know how
much money it is going to take to run the department, and they know
how many customers that they have in Collier County, less that 16,OOO,
and asked if they would want to wait?
County Manager Lusk said that you just can't look at the opera-
tions end the dey-to-day maintenance of the plant. He said that Mr.
Crandall is going to have to make some decisions to spend capital
Page 56
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May 6, 1986
money in the next couple of months, millions of dollars for a water
plant expansion and sewer lines. He said that Mr. Crandall is con-
cerned if he is going to have the money at the present rates to
justify the bond issue. He said that they can now go to bond issue
but they need to know what the rates are going to be to ~e able to
carry the bond issue, so it is a lot more than how much it is going to
cost to operate the plant.
Commissioner Holland asked if therc is anybody in-house to do that
end Mr. Lusk said that he believes Mr. Crandall would be a lot more
\
com(ortable with ~n outsider. Mr. Lusk asked Mr. McNees if he has
done ?ete studie~ before and he said "No".
The motion carried unanimously.
See Page 9?'
Item 116
RELOCATION OP 5520 COMPUTER PROM BUILDING "F" TO BUILDING "G" FOR
BUILDING DEPAÄTMENT AWARDED TO COLLIER ELECTRIC
Deputy Assistant County Manager Brangaccio said that they are
under a very tight time schedule , as the Building Department is to be
r~located to Building "G" on May 16th and 17th. She said that the
Building Department and Permitting System runs on the 5520 computer
which has to be moved. She said it is very expensive to move because
the cables have to come back over to Building "0" for Public Works and
back to Building "F" for the Planning Department and Utilities
Division, because they have 23 terminals doing word processing and
accessing all of the data that is currently on the 5520. She asked
&COK 094 W,! 81 Page 57
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aoOK C94-rJ"\ B2
May 6, 1986
the BOil rd, because of tile time I imi ta t ions, to accept wha t was the
lowest quote, Collier Electric, adding that the money is available.
Hcplying to Commissioner Hasse, Ms. Brangaccio said that normally
they would bid this, but quotes were received over the phone.
Commissioner Hasse said that it would have been sealed bids. County
Mllnllgcr Lusk said that he would not like to be put in the position
where everything has to be sealed. He noted thllt this is costing less
than expected.
Tap. 116
County Manll9~r Lusk said that they have sllved about $20,000
because Mr. Reagan worked closely with them and moved his things from
Building "G" t~ Building "A", thereby eliminating them from moving to
Building "A" prior to moving to Building "G".
Commissioner Vosø moved, seconded by Commissioner Hasse and
carried 5/0, that a contract be awarded to Collier Electric in the
amount of $11,'43 to relocate the 5520 computer froM Buildinq "D" to'"
Buildinq "G".
Item 11'
BUDGET AMENDMENTS 86-253/255 , 86-258/259 - ÄDOPTED
Commissioner Holland moved, seconded by Commissioner Goodnight and
carried unanimously, that Budget Amendments 86-253/255 , 86-258/259 be
adopted.
Item 120
SUMMER DRESS CODE - ÄPPROVED
Commissioner Goodnight moved, seconded by Commissioner Hasse Knd
carried 5/0, that the Board set a policy startinq with the first week
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.Kay 6, 1986
in May and ending with the first week in November, that the dress code
for Commission meelings be casual attire rather than jackets and ties,
..*
The rollowinq items were approved and or adopted on the consent
aqenda by motion or Commissioner voss, seconded by Commissioner
Holland and carried unanimously:
***
Item 121
RESOLUTION 1&-78 PROVIDING POR ASSESSMENT OP LIEN TO RECOVER FUNDS
BXPENDED BY COUNTY TO ABATE NUISANCE ON GOLDEN GATE CITY UNIT 6,
BLOCX 181, LOT I, OWNED BY RICHARD RAGNAESE, GUARDIAN, NORMA M. XIDBEY
ESTATE
See Page if - ý'O
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Itelll '22
BID N~~ 16-964 W~LL INSTALLATION, GOLDEN GATE PARKWAY, PHASE I,
AWARDED TO M. E. .KILLER' SON WELL DRILLING IN AMOUNT OF $6,700
Legal notice having been published in the Naples Daily News on
¡APril 8, 1986, as evidenced by Affidavit of Publication filed with the
Clerk, bids were received for Bid No. 86-964 for well installation on
Golden Gate Parkway until 2:30 P.M. April 23, 1986.
Itelll '23
BID NO. 8&-963, MEDIAN LANDSCAPING AND IRRIGATION, GOLDEN GATE
PARKWAY, PHASE I, AWARDED TO SUNNY GROVE LANDSCAPING, INC. IN AMOUNT
OP '63, 746.35
Legal notice having been published in the Naples Daily News on
April 8, 1986, as evidenced by Affidavit of Publication filed with the
Clerk, bids were received for Bid No. 86-963 for median landscaping
and irrigation on Golden Gate Parkway until 2:30 P.M. April 23, 1986.
Item '24
LAXB TRAPPORD MEMORIAL GARDENS CEMETERY DEEDS NOS. 454, 455, 456,
457 AND 458
8CDK 094 W! 83'
Page 59
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BOOK 0941'Ar.[ 84
May 6, 1986
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See Pages 9/ - C¡ó
Item f2 5
PINAL ACCEPTANCB OP QUAIL CREEX, UNIT II
Item '26
DRAlr~GB AND ~CCES8 B~SEMENTS ~DJ~CENT TO GOLDEN G~TE BLVD. AND
AIRPORT ROAD CANAL ACCEPTED FROM PROCACCI BROS. SALES CORPORATION TO
COMPLY WITH THE VINEYARDS PUD COMMITMENT
See Pages qr, - q 7
Ite. '27
PANEL CONSISTING OF DON~LD LUSX, NEIL DORRILL, T. E. XUCX, ROBERT
FAHEY AND TOM DONEGAN TO SELECT AN ENGINEERING FIRM TO VERIFY DESIGN,
CONSTRUCTION AND PERFORMANCB TESTING FOR THE WASTE-TO-ENERGY FACILITY
Item 128
LEASB AGREEMENT WITH THE GOLDEN GATE ROTARY CLUB FOR PROPERTY LOCATED
BETWEEN GOLDEN GATE FIRE STATION AND COMMUNITY CENTER, NOV. 28 _
DEC.25, 1986 FOR THE PURPOSE FO SELLING CHRISTMAS TREES
See Pðges Qf- 9 'f
Item '29
LBASB AGREEMENT WITH IMMOXALEE DAY CARE, INC.
See Pages 10-0 - /0 I
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Itelll 130
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LEASB WITH STATE OP PLORIDA, DEPT. OF AGRICULTURE, AND CONSUMER
SERVICES-FORESTRY DIVISION AND LEASE WITH BIG CORXSCREW ISLAND FIRE
RESCUE AND WAIVER OF APPLICATIION FEE FOR A PROVISIONAL USE
See Pages I ¿);). ~ / /..!J-
Item '31
REN~L OF YOUTH HAVEN ASSESSMENT SHORT TERM
NAPLES IN AMOUNT OF $37,900 FOR ONE YEAR
/ I ~
LOAN WITH BARNETT BANK OF
See Page
Page 60
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May 6, 1986
Item 132
QUIT CLAIM DEED FROM ANTONIO M. GONZALES FOR RIGHT-OF-WAY ON CECIL
RD. IN CONJUNCTION WITH GREENWAY ROAD WATER SYSTEM
See Page
/ / 7
,
Item '33
CERTIFICATES FOR CORRECTION TO THE TAX ROLL
1979
No. 674
Nos. 181-187
Dated 4-21-86
1985
Dated 4-15/21-86
\.
'It.1II '34
\
EXTRA GAIN TIME FOR INMATE NOS. 48057 anð 49945.
-,
Item '35
DUPLICATE TAX CE~TIFICATE NO. 3469 TO GUY L. CARLTON DUE TO LOSS
See Page
1/(
iIt.m '36
MISCELLANEOUS CORRESPONDENCE FILED AND/OR REFERRED
There being no objec~ion, the following correspondence was filed
and/or referred to the various departments as indicDted below:
I. Letter dated 04/21/86 from Gerald Herting, Environmental
Supervisor, DER, acknowledging receipt of inclusion forms
for FY 1987 construction grants priority. Referred to
Neil Dorrill, Tom Crandall and filed.
2. Copy of letter dated 04/17/86 to Bruce Green & Associates
from Carlos R. Carrero, Engineer, DNR, advising of approval
of permit for construction and Final Order File No. Co-119.
Referred to Pam Brangaccio, Vickie Mullins, Dr. Proffitt
and filed.
3. final Order received 04/28/86 from Robert G. Dean, Director,
DNR, administratively approving permit for construction for
James f. and Leslie S. Magin. Referred to Vickie Mullins,
~OOK OD4w.! 85
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BOOK 094 PAr,[ 86
May 6, 1986
Dr. Proffitt and filed.
4. Letter dated 04/22/86 from Nicholas C. Anthony, District
Program Supervisor, Alcohol, Drug Abuse and Mental Health
Program Offi~e, HRS, announcing upcoming annual meeting.
Posted in Building "F" and filed.
5. Letter dated 04/24/86 from George F. Nawsadi, Claims
Supervisor, Insurance Company of North America, aCknowledging
receipt of claim involving a summons anè complaint styled
Jimmy D. Gibson vs. Collier County, Fl. Referred to Ken
Cuyler, Sherry Rynders and filed. ,
6. Minutes of CCPC, 04/17/86 and 05/01/86 agend~. Filed
7. Letter dated 04/21/86 from Mr. and Mrs. Guy W. Storer,
opposing rezone petition R-85-32C. Referred to Missy McKim
and filed.
8. Motions to Withdraw filed by the Public Defender of the
Tenth Judicial Circuit in 247 pending appeals; Jerome
Haggins, et al., Appellants, vs. State of Florida, Appellee.
Referred to Clerk Reagan and filed,
9. Letter dated 04/23/86 from A. W. Addison, Deputy Tax
Collector indicating postage used and due for the First
Tax Notice mailing. Referred to Jim Giles, Lori Zalka and
filed.
\,
10. Letter dated 04/23/86 from Fred J. Fagergren, Superintende~t,
United States Dept. of the Interior, seeking permission to "',
place trash metal and wood in the Carnestown Transfer Station \
free of charge. Referred to Neil Dorrill, Bob Fahey ðnd '\
filed,
II. Letter dated 04/21/86 from Ralph L, Stanley, U.S. Dept. of
Dept. of Transportation, stating that effective May I, 1986,
the Urban Mass Transportation Administration is making a
change in leadership in their Atlanta region. Referred to
Jeff Perry and filed.
Page 62
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May 6, 1986
...
There being no further business for the good of the County the
meeting was adjourned at 7:00 P.M. by Order of the Chair.
BOARD Of COUNTY COMMISSIONERS
BOARD Of ZONING APPEALS/EX
OfFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS
CONTROL
l () fZiz
HN A. PISTOR, CHAIRMAN
. ATTES~ìi;;
"~~,~~ÁM ;~~f.AGA~, CLERK
d¿<;?/~~ À?f~_.:~. tOe..
fff,·~~
~'.' '\, ::;, 'f
"/ ' .Th~s'è' 'minutes approved by the Board
¡fe;~~tpd' ~ or as corrected
on ~~ 3, /7J'(,.
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Page 63
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