BCC Minutes 10/13/1992 R Naplaa~ rlorida~ October 13~ 1002
LET IT BE R~BERED, that the Board of County CoemJaalonara tn
and for the County of Collier, and also acting aa the Board of Zoning
Appeals and aa the governing board{e) of ouch special districts as
have been created according to law and having conducted boainee8
herein, Mt on this date at 9:OO A.M. in JI~JULAR S1~$IO1 in Building
';PI' of the Government Complex, hat N&plee, Florida, with the
following ~eabera present
C~AIRI~: Nlchae! J, Volpe
VICE-CHAIRI~J~: Richard S. Shanahan
Patrtcla A. Goodnlght
Max A. ~aaea, ~r.
{ABSEJFT) Burr L. Sa~dero
~0 ~ESE~ Jmo C. Ollee, Clerk~ Jo~ Yo~oe~, Tin.ce
Dlrector~ Michel McNees, Budget Director; hthy M~ero ~d Aette
Ountn, ~ty Clerko; Nell ~rrlll, C~ty ~ger; ~e~lfer Edwards,
~slst~t to the ~ty ~ager; Ken ~ler, C~ty Atto~ey; David
Ne/gel, ~o~o Paler and ~rtha N~II, Aooist~t Cowry Attorneys;
Fr~ ~talllnge, Natural Ree~rcee Dlrectorl Ro~rt BI.chard, Or.th
PI~I~ Director; Steve Brl~, Parks A Recreation Dlrector~ Roger
~, Bealth i~lntstratlon Business ~ger; George Archibald,
Tr~rtltlon So.ices Adalnlltrator~ ~o~l Olllff. ~bltc Bodices
~lnlstrstorl ~ard ~hrlng. Project R~I~ Se~tcee Su~ieor~
-3o~ ~J~kl. Project l~l~ Semites ~ger; lea bgluki.
Pl~lng re.ices ~ager; David Meeks, Senior Pl~er; Robrt
Eric Y~g, ~illp Scherf ~ Ma~ Arnold, Pl~ero~ Sue
~, Alniotratlve Asolot~t to the ~ard= nd ~ty Byron
T~ll~n, Sheriff's Off~ce.
:
Page
Oct:ober 13, ~992
cee Oesml~i~mel' ~~ abeeat: as re£leot~ b~ 4/0 ~ote
~t to ~ ~ ~rate t~ l~l~ O~t Cvs Clinic
· b~ ~~ 30, 1993;
2. ~ Xt~ ~10~ - ~ ,to c~t~ ~lntl~ to ~rt the
The motion for approval of the consent agenda is noted under
#16.
~ 24~ 1992 ~ ~ 25, 1992 ~ ~ ~ ~ ~~
0F ~ 29, 1992 - ~~
carrAed 4/0, to approve t~e MAm~teo o~ t~e Septeaber 21, 1992,
:,:'~* '3131~ 3A~G~, ADI4ZIZSTRATZVg SERYZCES DXVZSZOJl, R~COG]rZZ~D &S ~
' '~ 0F ~ ~ IPOR OC~0~g~, 1992
· Commissioner Hasse congratulated 3udy 3aeger, Administrative
¢i~,,.Servlce8 Division, on being selected "Employee of the Month" for
October, and presented her w/th a plaque An recognition, as well aa a
cash award.
Comm/ssioner Volpe congratulated the following employees and pre-
i*~ .~. sented their service awards:
Manuel O. Vtllalongo, Road and Bridge
O/Avia Urbina, Agriculture
Maroha D. Ltts/nger, Human Resources
- 20 years
- 15 years
- 5 years
92-506; 92-508/520~ 92-526/527; AND 92-529 - ADOI:'~I~D
Commissioner 6hanmhan moved, seconded by Contssioner bee and
4/0, that Budget ABendtmnt~ 92-506; 92-508/520; 92-526/527;
and 92-529 be adopted.
October 13, 1992
Couisstoner Volpe requested that Mr. Yonkosk¥ prepare a detailed
~ financAa! feasibility analysis for a combined county-wAde FAre and EMS
LEGAL XS~U~ (DELTONA SETTLEMENT AGREEMENT) RELATING TO BOAT DOCKS
lvHI311FI~DBTTHEOMIER~ OFT HE ISLE OF CAPRI COI~ERCIALPARCEL T~)CATED
OR TH~ O0~NEI~ OF ~1~ 951 AND ISLE OF CAPRI ROAD {MARCO SHORES PUD) -
CO~S/~'I~ONOPBOATDOCES~~~ STIPULATIONS
County Attorney Cuyler explained that this involves the Deltona
Settlement Agreement.
Debb/e Orshefek¥, an Attorney representing R & L Development, the
owners of the subject parcel, reviewed that this site was originally
approved as part of the Marco Shores PUD for a shopping center and 50
boat docks and was amended in I988 to be a hotel. She noted that
until recently the upland development was prohibited because of four-
laning of S.R. 951, and one critical permit for the construction of
the docks has an expiration date of September, 1993. She noted that
· special reviews are required by the Department of Environmental
Regulation, South Florida Water Management District and Collier County
Conservancy to commence construction of the docks. She reported that
approvals have been received, and DER has requested that boats using
the docks be limited to 23 feet.
Ms Orshefsk~ cited Section 2.6.2 of the Land Development Code,
which requ/res that accessory uses be constructed simultaneously w/th
the principal use, and Indicated that the hotel cannot be constructed
.for some time.
¥' MS. Orshefsk~ maintained that in the original approved PUD, the
shopping center and boat docks were considered as two independent
uses, and that the Settlement Agreement allows special rights
regarding the review of this project by the County.
Ms. Orshefsk~ requested that the Board allow construction of the
,~?:~.:boat docks, and then the property owner will fence them off and
Page 4
October 13, 1992
i.~: not use them until the upland use ts constructed.
County Attorney Cuyler advised the Board that tn this case, the
' Settlement Agreement entails certain vested rights, which makes the
· situation unique and would not fall under the standard accessory use/
· :.'~ principal use considerations.
". In response to Commissioner Volpe'e Inquiry as to acquiring from
the Ar~ Corps of Fngtneers an extension of the psrmtt beyond
September, 1993, Ms. Orshefsky verified that Inquiries have been made
but a favorable position from Them was not received.
In response to Commissioner Volpe's Inquiry, Ms. Orshefeky
/ .~.conftrmed that construction of the boat docks would be completed before
~l..,;
...:..September, 1993.
Commissioner Volpe commented that the construction of the boat
docks and fencing them off to be unused for a period of years raises
safety concerns. Commissioner Volpe questioned the sincerity of the
property owner's comments that he plans to have the docks constructed
without being used. Ms. Orshefsky stated for the record that a
request to allow the docks to be used will not be made, and ts to be
purely & boat docking facility with no other facilities available and
ts not planned for a marina.
The following people spoke to this item:
Bill Branan Jan Haduck
George Keller George Moore
Molly Magee Fred Tarrant
County Attorney Cuyler advised that Ms. Orshefsky has raised a
.~. valid legal issue, that ts whether the property owner is to be con-
'. stdered under the normal constraints of the Zoning Code and must
- ' comply with the requirement that the docks be built only accessory to
· the principal structure, or whether they have acquired certain rights
.through the Settlement Agreement. He stipulated that the Agreement ts
'i,' a sparse document and the Board could support legally an lnterpreta-
j;~i/~ .tton that vested rights have been acquired through the Settlement
eement to construct the 50 docks, not necessarily accessory to the
..~,~ ~rtncipal st~cture.
Page 5
October 13. 1992
~msIoner Shanah~n ~, ~econded t~Z Co~sslo~ ~lght
2. ) Fencln~ Ie to be provided for safety and security;
$. } Ther~ Ae to be no lmu~ching p~d connected with tbs facility;
· I. } I ~,hanis~ Is to be provided to control all the stipulated
' limitations;
,- Tape ~2
' 8.) ~diz~ the upland use associated with the boat docks, a
b~Aldtng per~tt for m principal use Is to be obtained and
con~truction is to comnce within five years;
6,) ~artna-releted support facilities are prohibited; and
?.) Th~ lei~l conclusion ts Incorporated that there are certain
ve~ted rights under the Settlement Agreement.
$** ]~Cl~l~d at 10:30 A.M. - Reconvened at 10:50 A.M.
PrI*ZTXOMA-92-5, ROBERT L. DUA.I~ P.~PR~S~I*ZM~ C~ZFFORD ~. ~'ORT, SALUT
PROGRAM, lt~Xl~ AM ADMXMXSTRATIV~ APPff, AL OF TH~ D~PM~MT
8~XC~ DXIt~CTOR'S D~CZSZOW COMC~N'ZNG AN Z~ATZOM OF
COLLX~R courfY SUBDZVXSXON P~(JULATXON~ FOR PROP'~RTY
BOUNDA]~ O~ $0~ GOLDEN GATE BSTATES - APPEAL IS corrxNUED AND
STAll' DI'I~ TO COI, gqENCE A HORKSHOPI~TH THE PETZTZOM'~R
Legal notice having been published In the Naples Dally News on
September 27, 1992, as evidenced by Affidavit of Publication filed
With the Clerk, public hearing was opened.
$ohn MadaJewskt, Project Review Services, discussed that this
Petition Is an appeal based upon an ordinance that was repealed when
the Land Development Code was adopted, and concerns property within
;?-~'~,the Southern ~et&tes, southeast of 1-75. He referred to Information
........ the ~ S~a~ concerning the Appeal.
Mr. MadaJ~ski noted that the 1976 Code was not followed In
cosplt~ce for the subdivision of the subject property.
Mr. MadaJewakl summarized that Staff recouends that the County
~:8~bdlvlllon Regulations should be followed and requested that the
~j2B0ard ~p~rt this interpretation and that no conditional development
Page 6
October 13, 1992
..~%5.2[orders_ should be issued until compliance with the Regulations is
Martha Howell, Assistant County Attorney, read the definition of
subdivision. She noted that the Code clearly states that the SDP pro-
cess ts not applicable to single family homes.
,j~:..- Robert Duane with Hole, Montes and Associates, explained that he
.,~.,: disagrees with Staff and deems the Issue to be that property owned in
" Collier County, 1976 and after, was described by meets and bounds and
access to property was created in the form of an easement. He
reviewed the 1976 definition of subdivision. He questioned the fair-
ness of retroactively applying the requirements back to when people
were advised they were not subject to those requirements, as well as
the matter of Imposing increased costs on property owners.
George Vega, Attorney for the Appellant, advised that the subject
.:: property is not an urbanized area and should not be subject to sub-
division. He maintained that legally, since lands can be transferred
by meets and bounds, a road or an easement road can be put in and It
is not necessary to subdivide.
Mr. MadaJewskt mentioned that should the Board concur with Mr.
Duane, th~ would be condoning that the creation of Golden Gate
Estates was Inappropriate and incorrect and should have never been
?
platted in the first place. He asserted that if nothing was platted
in the rural areas, orderly and proper development would not exist.
He reco~ended that If this is an issue of county-wide merit, It
should be workshopped in detail before any decision on the Appeal is
made.
The following people spoke to this item:
John Vaughn Bill Branan
Jim Seleky Nancy Payton
Joe Townsend
C4~t~to~e~ Sh~nahan~md, seconded by Co~iemione= llmmmm mud
c~t~i~d 4/0, to direct Staff to comnce m workshop with the P~tttioner
to ~d~.m ~endtng the Subdivision Regulations.
Co~immtone~ Shanahan ~oved, seconded by Contsston~r Ooodnlght
and c~ted 4/0, to continue th~ Appeal.
Page ?
October 13, 1992
'30~NM. PASSZDONO, ~EPRESENTZNG BENEDICT P. MIRALZA, TRUSTEE, AND THE
COUWTY&~RE~UESTZNG THAT TH~ BOARD OF COUNTY COI~F/SSZONERS
CO~SZDERLND APPROVE A SETTLEMENT AGREEMENT TO RE$OLV~ PENDING
LITI(~ATION (CASE NO. 90-2910-CA-01) BETWEEN NIRALIA AND COLLIER COUNTY
INVOLVING APPROXIMATELY 8.96 ACRES OF LAND LOCATED AT TH~ NORTHWEST
CORNER OF VANDERBILT BEACH ROAD AND VANDERBILT DRIV~ - APPROVED WITH
8TIPUL&TIO]I~
County Attorney Cuyler reviewed that this Item la a settlement
pro~oaal for pending litigation for development rights, and upon
review, determined that for purposes of settlement negotiations deemed
Mr. Passtdomo's case as substantial.
County Attorney Cuyler advised the Board that this Issue is to be
'.. conducted as a public hearing, as required by Statute for settlement.
John Passtdomo, Attorney wlth Frost & Jacobs, noted that he repre-
sents Benedit P. Mtralla, Trustee, the Plaintiff tn the lawsuit.
He noted that the property currently has 20 existing hotel suites tn
:two buildings, and two approved existing Site Development Plans - one
which authorizes the construction of a 162 suite hotel and one which
allows for 28,000 square feet of retail commercial space in a two
story structure over covered parking.
Mr. Passtdomo reviewed that the lawsuit was filed two years ago tn
order to establish Mr. Mtralia's right to develop retail and commer-
cial buildings and to develop the southeast corner of his property
under the County's C-3 Intermediate commercial zoning district.
He referred to the details within the Executive Summary regarding
the proposed Settlement Agreement, noting that the filling tn of the
canal will provide additional land to meet increased parking and
landscaping regulations and also to provide additional recreational
~uaenitiaa. He reported that he has received recently an existing
Florida Department of Environmental Regulation Permit to fill in the
Mr. Passldomo explained that h~s client ~s seeking an increase ~n
~.,the ~ber of hotel rooms from ~83 to 210 and tn exchange for th~s he
Page 8
~:~, October 13, ~992
~"" "'~'
; .~.~;~.~' wall release and forever relin~ah ~hatever rAght he ma~ be able ~o
;i(~:~ ~ assert to recover 83~5,000 An impact fees that he paid 11 years ago
~ ~."
~ - as well as relin~ish and forever forffei~ his righ~ to Anterest ~ha~
,.~ wall have acc~ed ~der ~hose sums.
carried 4/0, to clo~e the public hearing.
Commissioner Shanahan ~oved0 seconded by Conleetoner ~e and
4/0, to approve the proposed Settlement Agreement ~ubJect to
l~r~graph 26, regarding develop~emt standard~, te to reflect
to the project but al~o the additional etandard~ that are con-
rained tn the ZRO approval lettere;
2. Th~ Retail conditional usee are part of the 14,500 e~re feet
of retail and not additional retail ~pace;
not be a ~tna or ul~rate co~rcial u~e;
Includ~ l~guag~ relating to a right-of-way dedication, that
~11 allo~ land~caping and buffering and elll have no economic
effect on the develol~r~ and
~in~tton~ are to he ret.bursed by the Coun~ to
l~eidomo~e client and in turn he will
full for building permite late~ on.
P~g~ 9
October 13, 1992
92-852 r~T~BLISRZXG It COLLIER COUNTY PA]~S ~ RECRF~TIO]I
Tom Olltff, Public Services Administrator, presented an ordinance
a~endtng the fee schedule of the Parks and Recreation Department. As
outlined in the previous year's strategic planning, he said, this item
will attempt to enable these programs to do a better Job of paying
for the actual services that are provided, He noted the proposed fee
Advisory Board, and several increases have been made. He indicated
{ ','::i:this do~uaent ts also the result of an internal audit through the
· Clerk's Office, which recommended a consolidated fee schedule as
r
· '.;'- opposed to the current situation of various fees being contained In
l.~i:,'? several documents, increasing difficulty for the public to understand.
1~:~,/~ He pointed out the County Attorney's Office has informed him that an
..( ordinance ts not required, and the changes may be made through a reso-
~-;v lutton.
The following people spoke regarding this subject:
t,,,l~-;::,:, Ray Parer William ltensel
!,~-i[::'.:.. George Keller Marshall Cook
Co. AssiGner Volpe indicated his agreement that the County should
·
j~.,,~ not charge civic, non-profit and charitable organizations utilizing
ii,~;.~_ Perks an~ Racrestion f&cilitise, unless those groups chsrgs s fee
'?·",,.. t 'lr progra.,.
':~?."- Commissioner Shanahan concurred, with the exception of when the
:.~ ..,*
· ,, :,.:; .
g..~:,~: ~ fee being charged is to cover the costs of manuals and testing
"~!{~. -laterlale. He specified that he does not believe the Co&st ~uard
.ii,;..:; ~,~ .-'
~il,-~.:,Auxili~ry should be charged for conducting their publtc education
:~!:~ ,, programs.
~4!·'.i. ~i:,~ In to Commissioner Volpe, Commissioner Shanahan said the
response
~?' ~ard should review the proposed Increases at the Collier County
Page 10
October 13, 1992
:i!'(:*.~,~ . Cosmtestoner Volpe tnqutred if there ts a dis
I['~,.: ' ttnctton between the
j:~- -f · ~lng charged to Collier County res/dents and visitors
· ;:j~??".'~'*~/,Hr' Olltff res~nded In the negative, addtn~ that Staff
..... 111
;:~' .'* lnve~tt;~te that po~i~ilit~,
c~t~ 4/0, to ~t ~lutt~ 92-552 e.tabllshtng a Collier C~
~t ~ a f~ fo~ ~tr pr~; with t~
~tt~ c~~ ~ly for ~tertalo to c~ct
.:~: 1~ ~ ~ ~ f~ ~111 ~ c~; f~e for ~ Collte~ C~W
· *?~' ~t C1~ to ~ln ~ ~ ~ttl Staff ~ ~ltclt~ ~re ~11c
~t m ~ ~ ~eme; ~ Staff to
Page
October 13, 1992
Receooed: 1:45 P.M. - Reconvened: 2:05 P.M, eeo
PRO(I~~TXON~ AND TH~ CONTRACT WXTH THE STAT~ OF FLORXDA
HEALTH AND REHABXLXT&TXVE S~RVXCKS FOR ]~.ItLTH S:~q~TZC~S
T~ COLLIER COURTY PUBLIC B:~ltLTH UNIT - &PPR~
Tom Olltff, Public Services Administrator, provided a recommen-
darien for the Board to review and approve the annual contract for the
Collier County Public Health Unit (CCPHU). He noted this item has
been placed on the regular agenda for discussion, because the CCPHU
did not have the opportunity to go through the program priority
budgeting process. He indicated Staff would like to insure that the
Board lo familiar with the amount of funding and the distribution of
that funding as part of the CCPHU contract. He referred to the sum-
mary provided, which depicts the different programs offered through
the County's local health department, along with the contributions of
both the State and the County to each program, for a total cash
contribution of $5,169,000. In addition, he said, other goods and
services are provided to the CCPHU from the State, while the County
supplies building space, bringing the total cash value of the budget
approximately $8,500,000.
Co~lsstoner Volpe registered his concern regarding the number of
'. ~roup than Just obstetrics and pediatrics patients.
individuals or groups of the population not being cared for, other
than pre~nant women and children under eight years of age.
Roger Evans, Business Manager with the Collier County Public
Health Unit, advised that services are provided to a larger population
He noted,
however, with the targeting policies established by the State and
the Board of County Commissioners, those programs are high program
priority areas. He Indicated the CCPHU lo projecting to provide
comprehensive adult health services to 800 Individuals in the coming
i:" ~":.* In to Commissioner Shanahan, Mr. Olllff referred to an
response
I~:~'. amended page of the contract, which he orated wac given to the Board.
~: "~..~/~'. October 13, 1992
i,z;q..,.~ ,- '(CopY not provided to the Clerk to the Board.) He said there ts an
.., addition of $196,000 to the budget document that ts the ~o~t of
f~ds the Co~t~ actuall~ provides for J~nttortal services, electrical
.~[(,.': coet~, water/sewer services, etc., that are funneled through a dlf-
?~'-'~.~ ferent acc~t th~ the tm~t
'~ ~ Finite Director Yo~os~ co~ented the amended page shows that
v' .~. ~t as ~otal o~her non-cash con~rAbutAons as opposed ~o an outright
:;. cash contrt~tton, yet the Board does pay cash for those items. He
~:;[:~'... ~ee~toned ~tnce tt ts listed as non-cash, will Collier CountF get
"!~,:," credlt for the cash patd tn the breakd~ of the car~ fo~ard An sub-
~;:, ~e~ent years?
~;[~..~ ?'; Mr, ~s res~nded since these f~ds are never deposited into the
:~. ~t~ f~d, whtch ould re~ove rhea fro~ Count~ control,
',-(~:;: '.,~oneu ~uld not be credited to the Co~t~. In comparison, he referred
~'}~'~ ' to ~ge 35 of the agenda package explaining the State also provides
· ?: contrt~tlons of the same nature tn the ~ount of 82,975,000 by wa~ of
' Re~ndlng to Coulsoloner Vol~, Mr. Olltff orated thto budget
':'reflecto 0~ increase over the past ~ear"o budget.
Commissioner Volpe communicated this is an area of service that
will continue to grow as evidenced by a budget approaching $9-mtllIon
.per year. He suggested the Board consider establishing a
Heelth &dvl,ory Board to begin receiving public input as to
· .what the comrunity expects to receive from their public dollar. In
:.
· terms of these public health services.
Mr. Kvans concurred, adding over the past 18 months, that type of
l.,~,,~..oeatatlve, of .,nor,fy group., h.alth car. provider., .ember. of the
I~.::.~,' 'e l~,t of the me~bers on the council.
~,~.. carried 4/0, to amtbortz, th progru appropriations and the contract
I.]~.., wtth thm State of Florida Dei;~rt~t of Health and Rehabilitative
Page 14
October 113, 1992
92-553 ~D~HG ~R DKSZ~&TZOR OF ~ZC~eS A~ORZ~D
Mike McNees, Director of Management and Budget, presented the
Board with a draft agreement between the State's Department of
Con. unity Affairs (DCA) as the grantee from the Federal Emergency
Management Agency, and Co/l/er County, that outlines the terms by
which the County will be reimbursed by DCA for hurricane related
expenses. He noted the originals are en route from Miami and will be
substituted for the Chairman's signature. He said the a~reement
details the Statutory and federal authorities for the reimbursement,
and ~tltnes the procedures and forms by which the County applies for
~d receives reimbursement ~e also referred to a resolution whtch
provides for dest~atlon of the applicant's a~ent through which the
1.;,~;~.:..~ Board appoints a Co~ty official to se~e as its authorized agent tn,,~,~.;.
.sl~tng the forms for reimbursement and processing the necessary
pape~ork. He re~ested that the Board approve the Disaster Relief
~dtng A~eement as presented, ~d adopt the resolution appointing
:hi~ as the Co~ty's authorized agent for purposes of sl~tng the reim-
bursement pa~ork.
~toner Shanahan moved, seconded by Co.missioner ~se ~
4/0, to adopt Re~olutton 92-553, designating Michael A.
Director, Office of Management ~nd Budget. u Collte~ Cc~ntT's
~utho~ed~g~nt for purposes of signing the reimbur~e~ent paperwork.
Commissioner Volpe advised the Board regarding information pro-
vided him by Congressman Porter Goss concerning a new program with
funds available for clearing debris from canals, channels and water-
Page
Octobe= 13, 1992
He aaid after Hurricane Andrew, federal funde of up to
~lO-aillion are being made available through the United States
Departmnt of Agriculture as part of the Eiergency Bill. He indicated
diaa~ter Counties, including Collier County, are eligible to apply for
~ranta to restore the water~ays to pre-etorn conditions. He agreed to
provide Mr. HcNees with the appropriate lnfor~ation.
Page 16
October ~3, 1992
~(TEII~ZON OF ~ TO FUND AND 0PERAT~ THE ZMMOKALK1~ URGENT CA]~
County Manager Dorr~ll recalled that the Board approved $300,000
~n the adopted FY92-93 budget for an entire year's contribution to the
Immokalee Urgent Care Clinic. He ~ndlcated th~s ~tem ks only to
extend the pre-ex~stlng agreement through September 30, 1993.
~~ooer Shanahan Bored, ~econded by Comm~oo~one~ H&ooe and
C~TSed 4/0, to extend the A~ree~ent to fund and c~er&te the I~okalee
Page
October 13, 1992
O&T~$, 3R., TO TH~ HZ~RZC&L/
Coll/eltoner l~uee ~oved, seconded b~r Conlestoner Ihanahan, to
ap1~o/nt Fa~w~rd 3. Oates, 3r., to the Historical/Archaeological
Preeerv~tto~Bo~rd.
Sue Ftleon, Administrative Assistant to the Board of County
Contsstoners, requested that several members on the
Htstortcal/&rchaeolog~cal Prese~vation Board be re-categorized tn
order to have all categories represented. She asked that Stuart
Miller be changed to Architecture from Land Development, John Loeper
tO H/story from Citizen At Large and Diane Gonzalee from History to
the Citizen At Large position.
· h~m~, to /nclu~l~ tbs above. Upon call for the quemtlon, thm
mott~c~t~d 4/0, therst~ adopting Resolution 92-554°
Xte~ ~20B
Octob~ ~3, ~992
Z~'.~31D-~'ZT~~L~fFARAD~ ON D~C~NB~ ~2, ~992 -APPROVED
Commissioner Shanahan asked the Board to support waiving fees for
this event.
CkmBmts,~t~ez'R~,s~moved, aeconded byCos~iaaione~
~i'~l~g[ 4/0, tO W~VI the fha for the Fifth Annual Ch~ist~m~
· Zai~nd-St~le Street l~ade on l~ce~be= 22, 1992.
DZSCOSSZOl' XZGAm)~XG ~ DSV~.,OZ:'t4m~ o~ X ~AC'Z~AZ, S~Z'~'~ nq
F~ ~
Commissioner Volpe reported Staff brought to the Tourist
Development Council (TDC), a draft of a fact sheet related to the two-
{~i~..!i~ .':~;[:;' cent levy, In response to direction from the Board of County
Co.missioners. He said discussion of that fact sheet has been
'deferred to the Board meeting on October 20th. He recalled discussion
~l~ral center, ~htch ~111 be heard again at their meeting of October
16th. H~ever, he said, neither the TDC nor Staff has any direction
.fros the Board of County Co~tsstoners as It relates to anything more
that they are or should be doing.
In response to Commissioner Shanahan, Commissioner Hasse clarified
there will be no use of ad valorem monies for beach renouriehment,
?.., beach maintenance or the baseball project.
Co~lsstoner Volpe advised that the position of the TDC does not
include a disclaimer about the use of ad valorem taxes for the beach
~;' renouriah~ent project. He said Mayor Muenzer in particular felt he
could not commit to saying that no ad valorem taxes would be used in
order to supplement any beach renourtshment project.
Co.missioner Shanahan recommended the Board of County
Co~misslonera consider a disclaimer to that affect.
,:.. rlrlo. : 83
Page 19
October 13. 1992
does the Board of County Commissioners wish to give direction to Staff
to develop a fact sheet regarding the Straw Ballot question?
Commissioners Goodntght, Hasse and Shanahan answered tn the elf ir-
The following people spelts regarding this item:
Fred Tarrant Frances Barsh
.,.,[. :
~ng at this tt~, ~ reflected b~ 3/0 votes, e,$
Co--tsstoner Volpe offered the opinion that development of either
;~S./.' ' the ~eo-cent or Straw Ballot question fact sheet ts a waste of time.
~.~' Rather, he said the TDC and the Board of County Commissioners should
go out Into the con. unity and speak wherever possible about the
t~sues,
~ats~t~e~ ~ ~ved, seconded b~ C~is~i~r S~ ~
i' Co~t~Ion~r ~h~n~han loved, seconded by Co---lsston~r Ha~e and
Page 20
Legal notice having been published in the Naples Daily News on
September 2?, 1992, as evidenced by Affidavit of Publication filed
with the Clerk, public hearing was opened.
Commissioner Volpe commented that the issue regarding this Item
ts, once the street name lo changed, who will pay for the new street
st~ns. He asked if the problem stems from a misspelling on the part
of County Staff?
. Richard Taylor explained In January, 1993, the Board passed a
resolution changing the name of Second Avenue South West to Sandlewood
I, ane at the request of a representative of homeowners in the area. lie
said when the signs were replaced, the street was spelled Sandle Wood
Lane. He noted many people tn the area have voiced objections to the
street sign, and he has obtained 17 letters from residents supporting
his attempt to correct the spelling of the street name, which should
';~?~L' be Sazldalwood Lane. lie contended since the two street signs were
replaced Incorrectly spelled by the County, homeowners believe it is
the County*e responsibility to pay the cost of replacement.
In response to Commissioner Volpe, Mr. Taylor reported the cost of
replacement is $45 per sign and there are two signs, not three as
'stated in the Executive Summary.
i':~!?:' Planner Wayne Arnold indicated the $100 per sign as stated An the
e tive t. based on figures fro. Transportation Services for
[~'~?.!the approximate replacement cost Including their cost of tnstallln~
the ei~s. He added his records indtcate there should be three
He al,o mentioned Transportation Services was never made aware that
there was a spelling error In the sl~s and would have gladly replaced
,, them.
October 13, 1992
n~e n~uae · Incorrectly,
area reeAdents.
therefore, the replacement cost should be borne
Hr. Taylor contended the signs are Incorrect as they stand, even
An light of the petitioner's mistake.
Cca~iuLone~ Shlmahin ~oved, seconded by CoulaaAoner ~, To
Idop~ l~olutAon 92-556, changing the na~e of Sandls #ood Line To
Planner Arnold advised the Board of receiving four phons calls
thAs ~eek opposing the street name change, while Hr. Taylor has
obtained 26 signatures In favor.
Co~aAesAoner Volpe stated An this instance, the majority rules.
U~m c~ll fo~ the question, the ~otA~n carried 3/0.
Page 22
October [3, [992
Legal notice having been pub//shed in the Naples Daily News on
August 19, August 24, and August 31, 1992, as evidenced by Affidavit
of Publication fi/ed with the Clerk, public hearing was opened.
Contsatoner Va/ps commented that Items #12C1, #12C2 and #12C3 are
all related and may be heard together.
Ed Gehrtng, Project Review Services Supervisor, provided the Board
with corrected copies of Item ,12C3, explaining the top three lines of
:~;~_~-~..moat of the pages are missing on the copy attached to the Executive
'~~. Re noted Item ~12C1 ~ro~oses to adopt the 199~ St~dard
Codes for Building, Plumbing, Mechanical and Gas w/th minor local
*uend~anta.
Comtsstoner Volpe inquired If the three Items have been reviewed
~.i:through the appropriate agencies?
Mr. Oehrlng replied tn the affirmative, adding they have also been
reviewed b~ the Contractorsf Association and Architects' Association.
Referring to Item #12C3, Commissioner Shanahan questioned If an
7: a~reement has been reached with the Fire Marshall, Builders,
I~. ArchAtecte and Engineers Associations regarding their concerns?
Mr. Gehring answered in the affirmative.
Co~imtonar Shanahan ~oved, seconded by Co--~laatoner ~a~# ~nd
carried S/O, to close the public he~tng.
i?i. Commissioner Shanahan moved, seconded by Contsetonsr Hues and
',~,-- ca~Fied S/O, to amend the Collier County Conot~uction Coda Ordinance
.~.,i to ~lude the 1991 Edition of the Standard Building, Plumbing,
~. ~ech~mic~l ~ ~ Code with local ~end~ents, thereby adopting
92-70, u entered into OFdtnance Book !~o. 55.
'O~DZBI~I~J:02-71 AMKI'DXNG 'l"Hg COLLIER COU]ITT BUILDING COJIBTlt'UCTX~
~.,. A,Z~I~I'~T'RA~ ~OD'~ ORDZNA]~I 91-56 - ADOPTED
Page 23
notice hiving been published In the Naplel Daily News on
~d Au~o~ 28, 1992, ao evidenced b~ Affidavit o~
~b~ca~on f~led w~th ~he Clerk, public hearing was opened.
~en was heard In conjunction w~th Item ~12C1.
~~X~ S~ ~ed, eec~ded ~ C~tenioner ~ee ud
3/0, to clo~ the ~bl~c hearing.
~~ti~ ~ OrdX~ce 91-56, there~ a~p~3~ ~d~ce 92-71
Legal notice having been published in the Naples Daily News on
August 18 and August 28, 1992, as evidenced by Affidavit of
Publication filed with the Clerk, public hearing was opened.
This item was heard In conjunction wlth Item #12C!.
~toner Sh~nahan ~, ~con~d ~ CmXe~Xoner RH~ ~d
~M a/O, to clM t~ ~bllc he~ng.
~i~ ~/0, to ~ct the Collier C~ Fire ~t~ C~ ~
~t~ ~ 1987 ~ttt~ of ~A 1, ~e Fire ~tt~ C~, ~ t~
":. 1991 II~FP& 101, ~ Life Safm~ Code, thereby adopting Ord~uance 92-72
WITh ~ chaJ~ a~ noted above, and entered Into OrdIn~uc~ Book
:~~ 02-557 ~ ~XTX~ V-92-20, ~VID ~ ~ ~T~
Legal notice having been published in the Naples Dally News on
September 27, 1992, as evidenced by Affidavit of Publication filed
Page 24
.lth the Clerk. public hear/ng was opened.
Planner Bob Mu/here presented a request from David and Ruth Hatala
for mn after-the-fact variance for an encroachment into the required
Side yard setback.
ComsLeetoner Volpe commented this /tea is simply a request to
clear ~n en~br~nce to all~ tranmfer of t/tie to the prol~rt¥, He
aek~ ~f there are ~¥ obJectlone from adjoining propertv ~ere?
thereby ~$ogt/ng Resolution
Page 25
Cosstssioner Shanahan asked for an update on the horticultural
Ij~-... debris collection necessitated by Hurricane Andrew.
'~[~.:.': ' County Manager Dorrill advised he will provide the Board with an
~]m~:~.. update on the coats in,fred to date. ~e said the C~ty cont,nues to
~,% have contractors ~rking to clear trees ~rom canals ~d ~ enforcement
mj~i,~ ,nd,c.ted th. Cowry has not ~et dons ~ wo~k on p~,vate
~)j:. ~ noted ~ ~tten open,on f~om the Federa] Emergency Management
m~,.~j?~[,. ~n~ineerm for beaw e~ipaent to as,let ~n clearin~ private propert).
th~
m,,?)~ C~ty continues to ~n several extra tricks per day to clear the
:~.~ ' re~lnlng streets, prt~rtly on Marco Island. He stated pressing
'~'~ private lots will never be cleared, his reco~endatlon to the
~ard ~uld ~ to nbst~ttmte a public safety/fire related ~neftt
m}~[[ ~for. the C~nty incurs the cost to clean private property. He indl-
cared the determination will then have to be sade what, if any money,
would be eligible to be reimbursed or whether to treat those lots as a
public nuisance and file liens against those properties to recover the
coate.
Zn response to Commissioner Hesse, Mr. Dorrtll reported he does
'not anticipate any materials being burned. He said he has authorized
...: Staff to obtatna chtpplng device which will be located at the
;i.#lnterberry b~seball park on Marco Island. He advised the material
will be chipped and given sway at no charge.
Commissioner ahanahan moved, seconded by Commissioner Ooodnt~ht
c~r~le4 4/0 (Commissioner Saundere absent), that the following
lte~ ~ the Comet Agenda be approved and/or adopted: ..e
iI~OZUT~ 92-545 NtOVXDXNG FOR J~SE$SN~]IT OF LI~ll FOR T~I COST OF ~
~T~M~FF OF FUB~XC NUIWC~ ON LOT 15, BLOC~ 298, WCO B~tCll SlIT 8,
~ OFI~O~D - ClTIZ~N~ & SOU1q~l~ ~tTIONAL ~ OF I~ORID&
Page 26
i].:ii: . See Pages _/_/~
~'~ *' ~~ ~ ~C ~l~ ~ ~ 23, B~ T82, ~T ~ A ~XOM
~ ? ti/ /!~
~:...: . See Pages
· ~ ~ ~ ~ CURlq]I;MT Al:lUa~. FItOF~.~SZOILItL B~RV/CE~ AGlqZZM~IT
~ llOr~, ~ &.MD J~,OCX&T~'~ FOR FROZ'~SSZCrIL&L
~ ~ COI'~'fRUC'TZOI COMTR&CT JLDMZMZSTRATZOM FOR ~ ~TATZOM
OCtoboF 13, 1992
See Pageo ~~~__~~
Xt~ ~6D4
MORE OR3~KR ~ ~ ~ ~ ~0~SS~0~ S~CKS A~
~ ~, ~ f ~S~IA~S ~R ~O~SSION~ ~aI~IXa DKSI~,
~ NO. 1 TO PROFESSIONAL SERVICES A~RKKMKNT MITI! WILSON,
MILLIR, BARTON & PEEK, INC. FOR PALM DRIVK WATER MAIN PROJECT IN THE
ANOONT OF $20,0OO
STIPOLATE~ OKD~ FOR D~FENDANT* S ATT0~HE~S FE~S AN~ COSTS ~L&TIVE TO
~ AC~ISI~ OF P~ROK~- NUMBE~ 6 0~NED B~ EAST NAPLES ~
CONT~O~ A~D K~SCO~ D~ST~ICT IN THE SOUTH C0~ ~EOIONA~ MASTICATOR
FACTLIT~KB, PHABK I PROJKCT, TN T~E AMOUNT OF 027,506
Item ,16D8
STIP~rLAT~D FINAL JUDGMENT RKLATIV~ TO EASEMENT AC(~UISITION OF F~
JIUMB~R 0.1~ OMSIKD ~Y ~AMES AND DOROTHY CRAPT, KT. ALS. IN THE EAST AND
SOOTH IAPL]~ SAIITART SEMER PRO3~CT, IN THE AMOUNT OF 058,860
STII~L&TKD ORDKR FOR ~KFKNDAWT*$ ATTORNEY FKES AND COSTS RELATIVE TO
EASIJgENT AC~2ISITIOJ[ 0F PARCKL NUMBKRS 3.44 AND 3.45 OWNED BY MARY
SMITH Tlr THI lAST AND SO~2TH NAPLES SANITARY SEWER PROJECT, IN THE
STIPOLATEDFINAL JODGM~NTRKLJLTIV~TO EASEMENT ACQUI$ITION OF PARCEL
11.SAND 11.60MIIEDBYBILLANDMAR~GRANT IRT HE EAST A]FO
SANITARY SEWER PROJECT, IN TH~'AMOONT OF 02,100
STII~dATID O~DER FOR DKFKNDANT*S ATTORNEY FEES AND COSTS RELATIVE TO
EJI~I~I~NT AC~ISITION OF F~C~ ~ 7.60 ~ 7.61 ~D ~
~ ~05,960.28
CARPORTS O~ERA PORTION OF ~ OTILITY KASKMKNTS IN TIFK EXISTING
ffo:z]r~ x~s'v~~ (N2N'Z~JL~)
October 1~, 1992
Z :*'i' See Page8
.; '. Item ~16D13
JI~I~C~ OY PROUq/S3E ~ PAY ~ A~~ ~ ~ PA~ 0~ S~
Ztem~16Dl&
JlOT/CIOFPROJ~SK TO PAY ANDAGRK~3qKNT TO Kx'rKIVD PA~ 0F SKWKR
IMPACT FKK~FOR CHARLES R. KEL~KR, IMPAGTFE~TOTALS $65,520
See Pages
~MPJI~"TJ~E~ ~ ~/MrrH IRC., & J~0RZDA CORI~0RATIOX, IMPACT FKK TOTAL~
See Pages
-':.-, 3;tole ~J. GD16
NO'I'~C'B O~ ~S'g TO PAY AND A~ TO ]eXTeND PA~q:~TI' OF
I'N:PACT ~ ~ 6~0RG~ V~GA, 3R.,
'.. AND ~ D. MARTIN, IMPACT FEE TOTALS $66,840
See Pages
.ff0T/~OF~Sg TO PAY AND AGRKKMX1FF TO KXTKRD PAYMENT OF SEWER
/MPACT ~ FOR W~LLIAM SCHW~IKHARDT, TRUSTEE OF THE gVK/'FKR FAM/LY
TRUST', TMPACT FE~ TOTALS $3,020
See Pages
IMPACT J~B~I~R~B~DIDO PHTTI $3,920
See Pages _____~& ~--
,~: Xtem ~16D20 - Conl:ln~ed to 10/20/92
r..O0
Octobe~ 13, 1992
ADOPTING THE PAY FLAW AJlD HAW CLASS S'PECZJ'ZCATIORB
See Pageo ~~/___~_~~
~UD~~DM~ R~COGll/ZING CARR~ FOR~tRD ~OR ADI~NIS/q~TZV~ SB~V/CES
DI~Z~O~I~JU~ I~tO3~CT~ ZN~TRD 301, C&RRTFOR~LRDOF ~444,402
It~/~/ -Mo~od to ~8A2
See Pages
~ ~ ~:X3~XZ~]IG PRO3~CI~D CARI~I' FORIg&RD ~ ~ I~,AL'I'B
CNJd~ ~ TO T~ JUINU&L CO~"]UtCT FOR P~3~.JLSg JLRD DgLI'V~ OF
FL&]IT%1~ ~O11~ M1~ I~LJtTIV~ TO )~DIJUI %JtRDSCAPI%IQ PRO31CT~ ZJl COLLI~
X~
hg~ 30
Octol~ lS0 1Q92
The following .lscellaneous correspondence as presented by the
Board of County Commissioners was flied:
Page 31
October 13, 1992
There being no further business for the Good of the County, the
meeting was adjourned by Order of the Chair - Time: 3:35 P.M.
BOARD OF COUNTY COMMI~SIONER$/
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERRIRG BOARD(][)~ OF": . .~,
'~/~ II :}-':~" Sl.'" """.. *~. ',
A~ST: ,. ,, . * .. .
~....inures approved by the Board on ~~a 7. /q¢~
is preeented or as corrected
Page 32