BCC Minutes 12/17/1991 R Naples, Florida, December 17, 1991
LET IT BE REMEMBERED, that the Board of County Commissioners in
and for the County of Collier, and also acting as the Board of Zoning
Appeals and as the governing board(s) of such special districts as
have been created according to law and having conducted business
herein, met on this date at 9:00 A.M. in REGULAR SESSION in Building
'"F" of the Government Complex, East Naples Florida, with the
following members present:
CHAIRMAN: Patricia Anne Goodnight
VICE-CHAIRMAN: Michael J. Volpe
ALSO PRESENT:
Richard S. Shanahan
Max A. Hasse, Jr.
Burr L. Saunders
James C. Giles, Clerk, John Yonkosky, Finance
Director; gllte Hoffman, Debby Farrts, and Annette Guevtn, Deputy
~ C]erks; Nell Dorrtll, County Manager; Tom Olltff and Jennifer Pike,
Assistants to the County Manager; Ken Cuyler, County Attorney; Brenda
Wilson and Marjorie Student, Assistant County Attorneys: Frank Brutt,
Community Development Services Administrator; George Archibald,
" Transportation Services Administrator; Leo Ochs, Administrative
Services Administrator; Michael Arnold, Utilities Administrator; Fred
Bloetscher, Assistant Utilities Administrator; Tim Clemons, Wastewater
Director; Pat Hantftn, Data Processlng/MIS Director; Jeff Walker, Risk
Management Director; Robert Mulhere and Ron Ntno, Planners; Sue
Ftlson, Administrative Assistant to the Board; and Deputy Byron
Tomlinson, Sheriff's Office.
Page
"Yap~ #I
2tP. n #3A
December 17, 1991
AND CONSENT AGEXDA - APPROVED WITH CHANGES
Comtesloner Shanaban Bored, Bacondad by Coulasioner Haesa and
carried unan~moualy, that the agenda and coneant agenda be approved
with the following changes:
Item #8B1 - Report on contract fee negotiations with Mcgovern
Construction Corp, for State Road 29 Pedestrian Overpass
Improvements - Added. (Requested by Staff).
7 o
Item #8D2 - Recommendation to approve and execute the Notice
of Promise to Pay and Agreement to extend payment of Sewer
Impact Fees for A.H. & M.B. Corporation - Added. (Requested
by Staff).
Item #8D3 - Recommendation to award purchase of Network
Communications Equipment for Collier County Utilities -
Added. (Requested by Staff).
Item #8D4 - Recommendation that the BCC accept the Statutory
Deed and Quit Claim Deed for right-of-way acquisition for the
North County Regional Water Treatment Plant - Added.
(Requested by Staff).
Item #SH1 - Consent by the BCC for Nabors, Glbltn &
Nickarson, to provide to Coast Communities Corp. legal and
financial consulting services to review and analyze and upon
subsequent Board approval, implement and assist in f~nancing
the provision of large scale development infrastructure
through cooperation with Local Government - Added.
(Requested by Staff).
Item #9F - Recommendation to authorize awards and negotiate
contracts under RFP-91-1762 for the procurement of
Court-Appointed Legal Services - Added. (Requested by
Staff).
Item #gG - Recommendation that the BCC accept payment of the
remainder of the monies owed and proffered by Telesat
Cablevision, Inc. in resolution of the franchise application
fee dispute - Added. (Requested by Staff).
Item #9H - Discussion and update regarding Tourist
Development Tax Legislation and related matters - Added.
(Requested by County Attorney).
10.
11.
:12.
Item #9I - Pocket of Poverty Funding for Immokalee Non-Profit
Housing (Sanders P~nes) - Added. (Requested by County
Attorney).
Item #gJ - Consideration of an Emergency Ordinance Suspending
Enforcement of Ordinance No. 9:1-19 relating to regulation and
permits for commercial mullet vessels - Added. (Requested
by County Attorney).
Item #7A - Public Petition re Anchor Reef Club - Continued to
1/7/92 or 1/21/91. (Requested by Petitioner).
Item #12C3 .- Petit/on AV-9:1-0:15 to vacate Tracts M and N and
Pl~t of Falling Waters - Continued to 1/7/92. (Requested by
Staff).
Page 2
December 17, 1991
13.
Item #&3B1 - Petition CU-91-14, George Varnados, Esq., of
Young, van Assenderp, Varnadoe and Benton, P.A., representing
Highway Pavers, Inc., requesting Conditional Use "1" of the A
Zoning District for earth mining and related processing on
property located 1/2 mile west of Immokalee Road and approxi-
mately 2-1/2 miles north of Randall Blvd. - Continued to
1/7/92. (Requested by Commissioner Goodnight).
14.
Item #8G2 - Recommendation to award the
"Reclamation/recyclinG of Construction and Demolition
Materials", Bid # 91-1796, and to consider a modification to
the annual rate resolution in early 1992 - Continued to
1/7/92. (Requested by Commissioner Goodnight).
Item #10D
AUTHORIZAYION FOR THE COUNTY MANAGER TO APPROV~ CERTAIN CONSENT AGENDA
ITEM~ IN THE BOARD'S ABSENCE FROM DECEMBER 18, 1991 THROUGH JANUarY ~,
1992 - APl~ROVED
Co~atastoner Yelps ~oved, seconded by Coastsstoner Hesse and
cmrrted unanimously, to authorize the Cotu%ty Manager to si~n off on
routine ite~ during the Cow~tsmton's abst~nce from December 18, 1991
through Jmnu&r~ 6, 1992.
Item #3B
CONSENT AGENDA - APPROV~D AND/OR ADOPTED NIT~ CHANGES
The motion for approval of the Consent Agenda is noted under Item
~IK~flS OF ~¢ M~ETIHGS O! 9/3/91 REGULAR, 9/4/91 BUDGET, 9/9/91
SPECIAL, 9/10/91 ~GULAR, 9/11/91 BUDGET AND 9/16/91 SPECIAL -
~PROVED
Co~lmaloner Shanahen ~oved, seconded by ComAseisner Hesse and
carried unanimously, that the minutes of the BCC meetings of Septemir
3, 1991 R~i~, Septemir 4, 1991 Budget, Septemir 9, 1991 Special,
Soptear 10, 1991 Railer, Septemir 11, 1991 Budget ~d Septemir
16, 1991 S~cial, ~ approved as presented.
ItmR 95A1
· '/: ~~TION DESIGNATING ~ ~ OF DEC~B~ 15, 1991 AS CIVIL AIR
? :,' PA~OL ~KK - ~D
Upon reading of the proclamation by Commissioner Shanahan,
Contraeisner Sanders ~vmd, seconded ~ Co~tomioner Sh~ ~d
carried ~tmoumly, that the Procitation demt~mttng the week of
Page 3
Decsaber ;?o
l~ce~btr 15, 1991. aa Civil Air Patrol ~eek be adopted.
Commissioner Shanahan presented Proclamations to Natalie Cherney
of the Naples Senior Squadron, Lee Lemasters of the Naples Cadet
Squadron and Monty Lazarus of the Marco Squadron.
In addition to the proclamations, Gommisstoner Shanahan presented
a plaque, in memorandum of Major Clayton A. Reid and Major James
Mathews, who sacrificed their lives while saving a vessel in distress.
Mr. Lazarus accepted the plaque.
Page 4
,,.y~? ~ ':.
': X'l:m,t I1~5A2
· .!AMEI,IA ~2[HART A~A..RD - PRESENTI~D
December 17, 1991
Commissioner Shanaban presented the Amelia Earhart Award to Danny
R. Peloqutn, for completing all requirements given at National
Headquarters, Civil Air Patrol Auxiliary, of the United States Air
,i" Force.
~,.Item #SB
Commissioner Saunders presented Employee Service Awards to:
William A. Lacy, Utilities/Wastewater Operations - § years
Owen A. Butler Purchasing - 10 years
Finance Director Yonkosky requested that the Commission adopt
seven Budget Amendments: three budget amendments involving matters not
previously discussed and four budget amendments Involving matters that
have been previously discussed.
¢oeunta.loner Haaae moved. a~conded by Co--t~atonar Shana.hen and
cmrz'ted ~l~usly. that ~dgat ~en~ents 92-~ ~d 92-~9/84 ~
Flnanc~ Director Yonkosky announced that this report is prepared
annually by the Clerk's Office and Is divided into three major parts.
He advised that the Summary of the local gas taxes intergovernmental
revenue begins on Page 2. He noted that the summary gives a com-
par![son of what has been received over the past few years and the
· budget for this year. He indicated that the increase for the 1992
budget over the 1991 actual is a conservative 4 2~, adding that there
was $3 million under budget in receipts but staff has modified
~'i: spending patterns in relationship to those reports.
f'
Mr. Yonkosk¥ stated that the second portion of the report depicts
$:>,
six graphs of the major revenue sources.
Page 5
:~.: December 17, 199:1
:j.i~ . Mr, Yonkosky explained that the third segment of the report begins
on Page 8 and shows the revenues received over the year and the funds
that those revenues have been budgeted.
Conuniss.toner Saunders pointed out that there have been discussions
with respect to a review of the upper level staff positions and con-
siderations as to where some of those functions could be consolidated
to reduce the upper level staff payroll,
County Manager Derrill related that the initial work has been
co~pleted and the Commission w~11 be presented with a final report
after returning from the holiday recess.
Commieeloner Shanahah moved, seconded by Commiaeloner Haase and
accept the Local Gas Taxee and
Intergovernmental Revenue Report.
Page 6
December 17, 1991
COOP~ltATIVE AGREEMENT WITH COLLIER COUNTY HOUSING AUTHORITY TO SECURE
CONTRACTS WITH THE FEDXRAL GOVERNMENT FOR 1,000 UNITS OF LOW-RENT
HOUSING - APPROVED
Community Development Services Administrator Brutt stated that
this item is a request for approval of a Cooperation Agreement with
the Collier County Housing Authority to enable the Housing Authority
to secure contracts with the Federal Government for loans and annual
contributions for approximately 1,000 units of low-rent housing.
Mr. Fred Thomas, Executive Director, Collier County Housing
Authority, explained that this situation goes back to 1937 when the
Housing Act was passed. He indicated that the Federal Government
required that any local Jurisdiction desiring to take advantage of
those monies for public housing would guarantee that for payment in
lieu of taxes, the local municipality would provide the normal ser-
vices that are provided to any other multi-family landlord.
Mr. Thomas reported that in Collier County, Government does not
control all services, i.e. Fire Districts and Mosquito Control
District. He indicated that the language in the agreement relating to
these services was amended, however, HUD did not accept the language,
citing that units could only be built in those areas where the County
controlled the utilities. He stated that he recently learned at a
National Conference of Housing Officials that Collier County was not
alone in this situation, reporting that Boise, Idaho is experiencing a
similar situation and they have put together a Cooperation Agreement
which has been approved by HUD.
Mr. Thomas advised that he forwarded to the County Attorney's
Office, a copy of the language contained in Boise's Cooperation
Agreement. He affirmed that the County Attorney's Office approved
that language. He remarked that the Agreement merely allows for
application to be made for the units, and if approval is obtained, a
location will need to be found.
Co=missioner Volpe questioned whether the payment in lieu of taxes
is determined at the time the units come on line. Mr. Thomas replied
Page
December 17, 1991
that the Federal Government has developed a formula relative to
payment tn lieu of taxes and the percentage of the ad valorem taxes
they would receive.
Co~mtg8toner Shanahen moved, seconded by Commiestoner Saunders ~nd
carried unani~oualy, to approve the Cooperation Agreement between the
Collier County Housing Authority ~nd the Collier County Board of
County Co~issioners ~nd Chairman to execute aa~e.
Page 8
December 17, 1991
0RDINARCI 91-109, RE PETITION PUD-91-10, NICH&EL FERRARDEZ OF AGNOLI,
BARBER AND BRUNDAGI, INC., REFR~SENTING WILLIAM SCHWEIKHARDT AS
TRUSTEE, FALLS 89 LIMITED PARTNERSHIP/THE FALLS LTD., REQUESTING
REZONK FROM PUD TO PUD FOR A COMMERCIAL D~"v'ELOPME~ LOCATHD AT THE
CORNER OF AIRPORT-PULLING ROAD ARD PINE R~DGE ROAD - ADOPTED WITH
CHANGES
Legal notice having been published in the Naples Daily News on
November 20, 1991, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened to consider Petition
PUD-91-10/Michael Fernandez of Agnoli, Barber & Brundage, representing
William Schweikhardt, as Trustee for the Falls 89 Limited
Partnership/The Falls, Ltd.
Planner Nino stated that the Falls of Naples is an approved PUD
consisting of a Development Order which would allow 90,000 square feet
of commercial floor space and 220 dwelling units. He indicated that
the petitioner desires to eliminate 220 dwelling units and in its
place add an additional 190,000 square space of commercial floor
space, which would bring the total commercial to 280,000 square feet.
Mr. Nino pointed out that staff has determined that the equivalent
impact of the 220 dwelling units amounted to 70,000 square feet of
commercial floor space. He related that the recommendation to the
Planning Commission and subsequent acceptance of s~ame was that this
project should have the right to proceed with an equivalent develop-
ment of 160,000 square feet of commercial floor space. He noted that
this PUD, as proposed, is consistent with Future Land Use Element
(FLUE) of the Growth Management Plan.
In response to Commissioner Volpe, Mr. Nino advised that the
Growth Management Plan addresses Activity Centers as being areas of
160 acres in most cases, with the exception of the activity boundaries
at interchanges.
Commissioner Volpe recalled that this development was approved as
a mixed used PUD within that quadrant of the Activity Center, and
noted that staff is now recommending that mixed u~3e be changed to a
use which is entirely commercial on the basis that there is con-
54
Page 9
December 17, 1991
ststency since staff reviewed the other quadrants of the Intersection
and one is not yet developed.
Planner Nino stated that one of the drtvtng forces of the FLUE to
react favorably to a rezonlng petttlon in an Activity Center is the
requirement that a market study be completed and that Justification be
sho~n with regard to additional commercial space. He affirmed that
this requirement has been fulfilled. He reported that the market
study reveals that there is a need for additional commercial floor
space above the request of this applicant.
Mr. Ntno remarked that there is a problem with respect to the
inadequacy of the Level of Service on Airport Road. He cited that the
petitioner believes that this project is consistent with the Traffic
Element of the Growth Management Plan since the added impact of the
development, as amended, does not exceed 5~ of the Level of Service
(LOS) "C" test. He noted that Policies 5.1 and 5.2 indicate if LOS
"C" is abrogated, adequate mitigation can offset that situation and
thereby, the project could be approved and deemed consistent with the
Traffic Element of the Growth Management Plan.
Planner Nino affirmed that the petitioner has accepted the mirtEa-
tton request to dedicate all the land required for the stx-lanlng of
Airport and Pine Ridge Roads and the land required for a future flyway
over Airport Road. He indicated that this is a substantial amount of
land dedtcatlon. He announced that traditionally, credits are given
for impact fees for that type of activity. He divulged that staff
proposes that that dedication be made without the taking of a credit
toward Impact fees, and the petitioner concurs with same.
Commissioner Volpe remarked that he does not concur with staff's
conclusion that this is not an ideal location for residential develop-
ment. He Indicated that later in today's meeting, staff will be
presenting the Carillon PUD which has 180 units at the same intersec-
tion and staff is recommending approval of that mlxed use. He noted
that those residents will be subjected to noise, traffic and
congestion from the subject development.
[[ 55
Page 10
December 17, 1991
Mr. Ntno stated that this development Is more compatible with its
neighbors than what could be expected from another multi-family pro-
Ject. He remarked that the standards in the PUD document are higher
than those of C-3 or C-4 properties. He reported that setbacks of 25'
are required under traditional zoning, however, this PUD has the
requirement that no building may exceed a maximum height of 45' He
explained that there will be a setback of 50' from Pine Ridge and
Airport Roads; C-3 and C-4 setbacks will be 25'; and landscaping
requirements exceed those required in the Zoning Ordinance if this
property were zoned RMF-16, C-3 or C-4.
Planner Nino remarked that this development mee, ts the keystones of
what makes for a good zoning decision. He reported that the Planning
Commission voted 7/1 in favor of this rezontng.
Transportation Services Administrator Archibald advised that staff
proposes to modify the design contract with the firm doing the six
lane design of Pine Ridge Road. He indicated that the modifications
to include the stx-laning of all four legs of the Pine Ridge/Airport
Road Intersection will be presented to the Commission in January. He
stated that not only will the stx-lantng of Pine Ridge Road be
accomplished, but the intersection capacity will no longer be the weak
link of the Airport Road corridor or the Pine Ridge Road corridor.
In response to Commissioner Shanahah, Mr. Archibald explained that
the Level of Service at the Intersection and the Level of Service on
Airport Road would be maintained at "E" through the period when the
six-laning of Airport Road would occur and then the LOS would be
brought up to "A".
Commissioner Volpe voiced concerns with respect to traffic exiting
the proposed development onto Pine Ridge Road and traveling west. Mr.
', Archibald remarked that one of the anticipated improvements is a
closed loop signal system that would tie into one of the entrances to
coincide with the development both north and south. He explained that
two driveway connections are proposed with a possible signal system
which would accommodate traffic movements traveling east and west. He
Page 11
December 17, 1991
revealed if that signal system is not installed, the majority of the
movements into the shopping center would be eastbound traffic
constrained to right turn in and right turn out.
Planner Nino noted for the record that staff is recommending
changes to the PUD Document with regard to the last sentence in the
Transportation Element. He presented the Commission with a copy of
the revision. (Copy not provided to the Clerk's Office).
Attorney George Vega affirmed that the main question relative to
this petition is traffic. He divulged that the applicant paid to have
a traffic analyst study the intersection. He indicated that the cost
for the required right-of-way is $700,000 and the petitioner is pro-
viding $350,000; improvements are $800,000 and the impact fees are
$778,000. He reported that every requirement has been met and the
co~unercial density has been lowered.
In response to Comm~ssioner Volpe, Mr. Vega replied if there is a
need for additional right-of-way, the petitioner is willing to sell
sazme at a low market price to the County, and the applicant would
asylums the responsibility for the proper mitigation.
Mr. Jack Bart of Bart Dunlop & Associates, stated that Messrs.
Archibald and Nino covered many of the points with regard to traffic
impacts and mitigation requirements. He affirmed that there are
problens with respect to access to Airport Road, south of the pro3ect
and there are growing problems forecast for the future which may or
may not develop.
Mr. Bart pointed out that the approved PUD limits the development
to two access points on Pine Ridge Road and two acc~ss points on
Airport Road. He advised that the major access points are lined up
with the access points that currently exist on Pine Ridge Road and
those that are proposed on Airport Road opposite the site. He noted
that the other access points are right turn in, rlght turn out. He
explained that the nearest access point to Pine Rid~;e Road is 760'
from the intersection and almost 600' on Airport Road from the inter-
1300 ,. ! 57
Page 22
· ~ December 17, :199:1
section.
Mr. Bart recalled that questions have been raised with regard to
extent of the impacts. He indicated that the net increase due to
approval of this development would be 2,3~ of the capacity which is
substantially less than Policy 5.2 regards as substantially signifi-
cant. He remarked that there wall be some diversion of traffic away
from thls intersection when road improvements are completed for the
Vanderbilt Beach Road Extension, Goodlette Road Extension to Immokalee
Road, Livingston Road and Santa Barbara Boulevard.
Mr. Burr stated that the cooperation of the applicant to provide
right-of-way over and above the impact fees, and right-of-way adequate
for everything ever needed on Airport and Pine Ridge Roads and a
future flyover at that location ls a tremendous problem solver.
Commissioner Volpe called attention to the 2-1/2 quadrants at this
intersection that are not developed. He questioned whether there
would still be the magnitude of the problem that is being addressed if
nothing is done with this PUD which would have 90,000 square feet of
commercial and 220 residential units. Mr. Barr replied if there is
any growth In traffic regardless of whether or not the quadrants
coming into play, there would be increased problems.
Mr. Michael Fernandez of Agnoli, Barber and Brundage, Inc.,
related that this project is consistent with the Growth Management
Plan and is surrounded by residential communities. He noted that
there is very little commercial between this development and the Grey
Oaks project. He revealed that one of the main problems in the past
was the multitude of entrances and exits from the project since they
would cause a great deal of the traffic problems. He reported that
the petitioner hired a consultant to do a specific flyover design for
that intersection to define the amount of right-of-way that would be
given up in the future.
Mr. Fernandez explained that the right-of-way to be donated to the
County is valued at $! million. In addition, he affirmed that an
additional acre of land is being reserved and may be acquired by the
Page 13
December 17, 1991
County, in addition to the 2.5 acres which is already beinH donated.
He indicated that the most prime piece of property on th~ subject site
will include a lake to serve as a public amenity. He presented a ren-
dering of the project showing the quality of same.
Commissioner Volpe pointed out that in the PUD document, as one of
the permitted conditional uses, the Petitioner is requesting mixed
residential and commercial uses. He questioned why the applicant
would consider residential uses in this PUD since ~]taff indicates that
this is not an appropriate location for that use. Mr. Fernandez
replied that that was included before staff's analysis, noting that he
has no problem deleting same.
Mr. Dick BastllI, Real Estate Director, Jewel-Osco Stores, advised
that his company is part of the largest grocery chain in the United
States. He divulged that his company has a strong interest in the
subject intersection, and plans to hopefully construct a 75,000 square
foot grocery store in this area.
Clerk Fartie replaced Deputy Clerk Hoffman at this
The following persons spoke in opposition to the Petit/on for
reasons which include: Too much commercial will be built for the
market to absorb causing some developments to be left with empty spa-
ce; long time residential and commercial interests will have their
taxes increased to pay for additional paving, sophisticated traffic
controls and the Chinese wall fly-over; existing retailers throughout
Collier County will feel the affects of new retailers and everyone
will have to be content with a smaller "piece of the pie"; concern for
surface water management at the proposed PUD fezone and potential for
the proposed gasoline station to contaminate the water system in the
. ;;aples Bath and Tennis Club:
John White
Frank E. Wilson
· Gerald F. Kierce
Thomaa Donegan
General $tan Sheridan
George Keller, President of Collier County Civic Federation
Bill Kerrigan
'Copy of speaker'e comments provided for the record
Although the majority voiced concern for traffic conditions, the
following persons spoke in favor of the Petition for reasons which
000. .: 59 Page
December 17 1991
include: Commercial which can be developed under the present zoning
,:an be less beautiful and desirable than what is being proposed by
This and architectural aspect of the buildings proposed is in con-
Junorion with the beautiful homes of the ,urroundin~ areas:
William Seabury, President of Forest Lake Golf and Tennis Club
· victor Chainas
Harold Lowes. President of Fairway Forest Villas Condo Assoc.
John P. Brown
Paul Donnelly. member of the Quail Run Golf Club
'Read a letter with the heading "Joint Efforts Can Solve Shopping
,~enter Problems" he allegedly wrote to the Editor of the Naples Daily
News the previous week (copy not pl~ovided for the record).
Sewell Corkran stated the biggest "player" and consideration
affecting the Junctlon and transpo]~tatton element is Grey Oaks. He
concluded the problem faced by Collier County, developers and staff is
· '. the fact that Collier County is not complying with the State Growth
Management Act of 1985 and 1987, Statute 163, Part 2, ~n particular.
June Gibbs, resident of Woodshire Lane, prefaced her comments
with the assumption that the Petition will be approved. She requested
that the berm be at least 3' higher than the highest point of their
present berm.
Mr. Vega presented a copy of a letter addressed to Commissioner
Volpe from Vita Didio, Secretary of Fairway Forest Garden Villas, Inc.
dated December
Commiss~oner Saunders announced he is part-owner of two Individual
condomlntum units in the Naples Bath & Tennis Club property and that
he owns a very small interest in the clubhouse facilities. He
questioned whether tht~, presents a conflict of interest on his part to
vote on any issues involving this matter, to which County Attorney
Guylet rendered his opJnion there is no prohibited conflict.
Commissioner Saunders pointed out the most significant objection
is a concern of traffic: In and out of Naples Bath & Tennis Club in an
efficient and safe manner. He questioned whether Mr. Vega's client
would be willing to pay a fair share of traffic signalizatton to the
south.
Mr. Vega responded they are willing to pay more than their fair
6o
Page 15
i~,. · December 17, 199!
;~)[i.!; share, and Transportation Administrator Archibald indicated that when
~'~"' ' the signals are warranted the fair share may be based upon traffic
volume considerations.
Commissioner Saunders requested that staff meet with appropriate
entities, including the Naples Bath & Tennis Club, to evaluate the
traffic flow on Airport Road and Improvements to various existing pro-
_Jects in the area.
In response to Commissioner Saunders, Mr. Archibald remarked staff
is considering ways to improve traffic and buffering in the area of
the Pine Ridge Road entrance to Forest Lakes.
Commissioners Hasse and Shanahah instructed staff they want the
issues of traffic signalization, buffers and flooding conditions
addressed if they aT to vote positively on this issue.
In answer to Commissioner Volpe, Mr. Archibald acknowledged this
intersection is considered among the half dozen in the urban area
causing concern, i.e. it is likely to be one of the most Intense
intersections in all Collier County.
In reply to Commissioner Volpe, Growth Planning Director Blanchard
concurred that approximately 75-80~ of the activity center will be
developed as commercial.
Pursuant to Conzmissioner Volpe, Mr. Blanchard stated that any com-
mercial zoning within an activity center is not considered under the
zoning revaluation program.
Discussion ensued between Commissioner Saunders and Commissioner
Volpe regarding feasibility of affordable housing developing in the
area being discussed.
Co~miewtoner Shanah~n moved, a,econded by Couiswioner Saunder~ and
carried unanimously, to close the public hearing.
Planner Ntno interjected that the Ordinance before the Board of
County Commissioners has an incorrect citation in that it should cite
Ordinance 82-62 in lieu of Ordinance 82-18 shown. He referred to the
handout identified as Proposed Modifications to Falls of Naples PUD
Page
December i?, 1991
Document, stating that staff's legal opinion is that paragraph 4
should be amended by deleting the last two sentences.
Commissioner Shanahen ~oved, seconded by Conicstoner Hasme and
carried 4/1 (Conisotoner Volpe opposed), to approve Petition
POD-91-10 with all the covenants, a~end~enta, etc. discussed today,
and only with the Naples Bath & Tennis Club signalizerich taken Into
consideration in the final analysis; that the barrier, betming and
buffering for protection of the properties along Pine Ridge Road be
Included in the plan; that the flooding consideration be reevaluated
to tn~ure a problea Is not created for the Naples Bath i Tennis Club;
that the re~alnder of the stipulations proposed by staff shall apply
after deletion of the pertinent sentences froa ~4; that the require-
~ent for architecturally integrated projects be added; with the provl-
sion that Petitioner contribute the 'more than fair share~ of the
traffic elGnaltzatton to the south, as agreed; thereby a~optinH the
Ordinance u numbered and titled below and entered Into Ordinance Book
No. 50:
ORDINANCE 91-109
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 TIlE COLLIER COUNTY
LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING
R~GULATIONS FOR THE UNINCORPORATED ARIL~ OF COLLIER COUNTY, FLORIDA
AND AMENDING THE OFFICIAL ZONIHG ATLAS MAP NUMBEP~D 9§14N BY
CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL
PROPERTY FROH "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS
TH~ FALLS OF NAPLES, FOR PROPERTY LOCATED ON THE SOUTHWEST CORNER
OF AIRPORT-PULLING ROAD AND PINE RIDGE ROAD, IN SECTION 14,
TOMNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER CO~TTY, FLORIDA,
CONSISTING OF 35.4 ACRES: PROVIDING FOR THE REPEAL OF ORDINANCE
NUMBER 82-18, THE FORMER FALLS OF NAPLES PUD; AND BY PROVIDING AN
EFFECTIVE DATE.
Item
PAUL PXN~ON R~PR~S~NTING TE~ CHILDREN'S SKRVXCE3 COUNCIL R~GARDING
BALLOT LANI~IAGE SELECTION - APPROVIID FOR REFEREND. UN
Frank Baker requested those present today on behalf of this Issue
stand, and a number of p~rsons stood. He stated the number of
children In crisis in Collier County continues to grow at an
outstanding rate, with evidence showing that every $1.00 invested for
prevention saves approximately $15.00 in the future. He explained
Page 17
:-.)i.. · December 17, 1991
there are ten persons on the Children's Services Commission, five
appofnted by the Governor, one from the Board of County Commission,
and four other individuals named by statute. He verified a needs
assessment study has been conducted. He reflected that various stu-
dies performed over the past several years have confirmed the need for
the Children's Services Council.
The following persons voiced support for granting the Ghildren's
Services Council the authority to each year levy an ad valorem tax not
to exceed one-quarter (1/4) mill for services for children, thereby
supporting a referendum ballot for reasons which include: This will
coordinate the delivery of services and the fundin!; of programs, will
consolidate various services to give a more cost effective approach in
the delivery of children's services, and will consistently maintain
the level of accountability to the taxpayer and citizen; an ounce of
prevention and early intervention is worth a pound of cure, not Just
in dollars but in the quality of human life here In Collier County;
and there is no way to continually support all these necessary ser-
vices Just out of the generosity of people's heart~:
Jackson Hall
Charles Dauray
David Schimmel
Sergeant Jim Hansen
Dawn Litchfield
*Barbara Cortes
*Nick Smith
Bea Harper, Chairperson of Children's Service Council
Mark S. Weber, representing Immokalee Child Care Center
*Student from Lely High School representing all students of
Collier County
Chuck Mohlke explained that presenting this issue to the voters as
the single referendum issue provides the opportunity to explain the
pierpose of the Children's Services Council In bringing forward this
ql~estton for voter consideration and is likely not to have a great
number of competing concerns before the voters at the same time.
Commissioner Volpe questioned the lack of response from service
providers to the survey distributed by Mr. Mohlke, who in turn sum-
marized the manner in which his firm undertook the task of data
ee 63'
Page 18
' gathering.
December 17, 1991
Commissioner Volpe relayed his understanding that legislation, as
written, will allow the Children's Services Council to request the
Board of County Commissioners supplement Identified needs in sub-
ee.c[uent years.
Mr. Baker pointed out the question at hand is whether legally all
the prerequisites to present this matter to the voters have been met,
'~'"" and concluded that they have.
~' ' In response to Commissioner Volpe, Assistant County Attorney
Wt. lson confirmed that the Board of County Commissioners, if it so
chooses, can appropriate an amount to the Children's Services Counril
for administration to the various contract agencies.
Discussion ensued regarding the FY 1991-92 budget appropriation of
$524,425.00 to social service programs in Collier County.
Ms. Harper stated every penny spent on the Children's Services
Council has come from private donations.
Discussion ensued regarding the number of persons present today in
support of this item while monetarily benefitting should same be
approved.
The following persons voiced opposition for granting the
Children's Servtce~; Council the authority to each year levy an ad
valorem tax not to exceed one.-quarter (1/4) mill for services for
children, thereby not supporting a referendum ballot for reasons which
include another level of bureaucracy would be added to what we already
have; this proposal gives, a blank check to an unelected group to spend
as they see fit; and there appears to be no way to get rid of the tax,
i.e. if we do not like it we are stuck with it forever:
George F. Keller
W. Earl Marlin
Fred Tarrant
see Delmty Clerk ~uevtn replaced D~Imt¥ Clerk Farris ~t this tt~e s$e
Commissioner Saunders suggested that a unanimous vote in support
of the ballot question will show all those who have spent a signlit-
61
Page 19
December 17, 1991
amount of time and effort on community issues, that the Board of
County Commissioners supports and appreciates them. He said it will
also show that the Board has enough conriddance in the intelligence of
the citizens of Collier County to let them make the decision through a
referendum. He suggested that the Board, by not having a unanimous
vote, will only cloud the issue.
Commissioner Volpe said he is also appreciattw~ of what the people
in Collier County are doing for charitable organiz~tions. He said the
problem he has had since the inception of Children's Services Council
has still not been addressed with the needs assessment, which in his
opinion, fell short. Secondly, he said, the State Statute was amended
in 1990 to require a plan to identify for the local governing body
what the Council will do, how it will do it and with whom. He indi-
cated he has not seen such a plan from the Council, and he is not pre-
pared to delegate this kind of authority without knowing in advance
what the plan is. He commented the legislation passed by the Board of
County Commissioners troubles him, because it stipulates that the
Children's Services Council shall not be sub3ect to change or modifi-
cation by the Board of County Commissioners or any other authority.
He said as an elected representative, he is not prepared to delegate
that responsibility to a group of people who are not elected by the
citizens. Furthermore, he said the ballot question being proposed
would require an amendment to the Ordinance, and lastly, he is
troubled by the fact that schools are being excluded from the entire
process.
Assistant County Attorney Wilson communicated the proposed ballot
question is in substantially the same form as what is referenced in
th~ ordinance. She said if the intent of the question remains, then
the requirement has been met. She explained the intent is to let the
voters know there will be a certain amount of money used for
Children's Services, and that intent has not been changed by the pro-
posed question. She gave her le~al opinion that it is not a violation
of the ordinance to change the amount being requested from one-half to
65
December 17, 199!
.~?..,'one-quarter mill.
~' In response to Commissioner Hesse, As~istant County Attorney
Wilson stated the Childl'en's Services Council ie required by State
Statute and County Ordinance to submit a budget and how the monies are
spent by July let of each year.
Bea Harper commented the Community Foundation provided $35,000 for
a minimum document to show there is a need in this community for
children. She said the assessment was done over a six month period of
time by two staff members and one volunteer. She mentioned Palm Beach
County spent 18 months and $200,000 for their needs assessment, which
was done after their referendum pas:3ed supporting a Children's
Services Council.
Commissioner Shanahen remarked he would like to give voters an
opportunity to voice their opinions regarding funding the needs of
children. He said he is convinced that advocates of the Children's
Services Council will be preparing specifics on how the money will be
spent and what the priorities will be if they want to succeed on the
March ballot. He strongly suggested that advocates quantify and
q~/altfy to the voters of Collier County that spending $! will save
A discussion ensued regarding the ballot question language as pro-
posed in the ExecuTive Summary va. what was reviewed, by Assistant
County Attorney Wilson.
Co~missioner Saunders moved, seconded by Co~se~oner Shanahen, to
appl~v~ the l~ngu~ge for the ballot question on the March lO, ~992,
referendum, to read: "Shall the Children's Services Council of
Co21Aer County be granted the eutho:~ity to fund the early intervention
mrs! prevention, developmental, treatment and other I~ervtcea by the
levyin~ each year of an ad valorem tax not to exceed one-quarter (1/4)
mill for services for children tn Collier County."
In answer to Commissioner Hesse, Assistant County Attorney Wilson
explained the Children's Services Council is all independent,
established district which is not answerable to the Board of County
Page
December 17, 1991
Commissioners in that they are the overseers of the monies.
Commissioner Goodnight mentioned the Board of County Commissioners
will submit 15 names to the Govern,or, who will choose five people to
be members of the Council along with a member of the Board of County
Commissioners, a member of the School Board, the Superintendent of
Collier County Schools, a Juvenile Judge and the Health and
Rehabilitation Services Administrator.
Assistant County Attorney Wllw)n recalled that process is
something recommended by the advocates of the Children's Services
Council in order to give the Board input into the composition of the
Council. She said that procedure .is not required by State Statute.
Commissioner Hasse stated he feels very strongly that s, ervices for
children are needed, however, he i~ concerned with potential problems
with the adm~nistration and accoun~abtlity of the funds. He said the
key factor pursuadtng him is to allow citizens of Collier County to
vote on the issue.
~ c~11 for the question, th~ motion carried 4/1
~s~ Recess~: 2:15 P.M. - Reconvened: 3:15 P.M.
OI~DINANCE 91-110 R~ PETITION CP-91-DRI-1, WILLIAM R. VINES WITH VINES
AND ASSOCIATES, INC., REQUESTING AN AMENI)~NT TO ~{E FUTUR~ LAND USE
· LEMENT TEXT FOR T~E ACTIVITY CENTER SUBDISTRICT - ADOPTED AS AMENDED
Legal notice having been published in the Naples Daily News on
December 4, 1991, as evidenced by Affidavit of Publication filed with
the Glerk, public hearing was opened to consider P{ltition CP-91-DRI-1,
filed by William R. Vines with Vines and Associates, Inc., requesting
an amendment to the Future Land Use. Element Text for the Activity
Center Subdistrict.
Commissioner Volpe advised he will abz~taln from voting on this
i~em because he has an Interest in a small piece of property which
will be affected by this amendment. He noted he has filed a
Memorandum of Voting Conflict. (On file with the Clerk to the Board
from the meeting of December 10, 1991.)
67
Page 22
December 17, 1991
Planner Elly Soto said this is the second public hearing to con-
sider the Growth Management Plan amendments submitted by Tollgate
Plaza. She stated the purpose of the amendment is to amend the text
of the Activity Center Subdistrict within the Future Land Use Element
(FLUE) to allow light industrial land uses within the interchange
activity centers located at 1-75 and C.R. 951 and the southern
quadrants of 1-75 and Immokalee Road. She referred to a map denoting
the various land uses, both approved and proposed, within the
interchange activity centers, noting this amendment would be appli-
cable to only the southeast and southwest quadrants of the Interchange
activity center at Immokalee Road and 1-75. She advised on December
5th, the CCPC recommended the Board approve and forward the petition
back to the Department of Community Affairs (DCA). She recalled the
proposed amendment was originally transmitted to DCA in June, 1991,
who forwarded their comments, known as the ORC Report, to Staff in
October. She noted Staff's responses to the objections, recommen-
dattons and comments of DCA are attached to the Executive Summary.
She said an analysis of existing and approved land uses within each of
the PUD's in the three interchange activity centers shows a wide
variety of commercial/retail uses, commercial uses oriented to the
traveling public, light industrial uses, and residential uses, both
built and not yet constructed. She indicated Staff is recommending
light industrial land uses within 'the two Identified interchange acti-
vity centers because of the efficient use of land, the transportation
linkages, the public facilities and services to the new developments.
She said certain land uses may be located in interchange activity cen-
ters if appropriate design, compatibility and development standards
are provided. She mentioned that particular attention has been paid
to ensuring compatibility with the proposed light industrial land uses
with the approved and permitted existing uses. She communicated the
proposed language would require such design features as landscaping,
buffering, betming along the Interstate, fencing, etc., which would
ensure an aesthetically pleasing area along the Interstate. She said
Page 23
December 17, 1991
Uses along the Interstate have been limited adding that outside
storage and display have been proh.lbited.
f.. She mentioned a meeting has taken place within the past week with
? : a representative of DCA, resulting in preliminary comments on Staff's
~> responses to the ORC Report. She advised that Staff has added a
i<. clarifying sentence to their response that will incorporate the light
industrial land uses into the County's soon to be completed land use
study. She said the access management plans to the two affected
interchange activity centers have addressed limited access points and
adequate handling of truck traffic. She mentioned language is being
added to the plan to ensure buffering of adverse impacts from noise,
glare and fumes. She said lastly, Staff is addressing DCA's concern
of groundwater protection by forwarding 1:o them the County's recently
adopted Groundwater Protection Ordinance. She concluded with Staff's
recommendation to approve the amendment, adopt the Ordinance approving
the amendment to the Growth Management Plan and authorize the Chairman
to sign a letter submitting the plan to DCA for compliance review.
In response to Commissioner Shanahan, Planner Soto advised that
DCA's representative has indicated the additional language being pro-
posed by Staff would adequately address their concerns.
Co~misaloner Saunders moved, seconded by Commissioner Haese and
Carried 4/0 (Commissioner Volpe abstained), to close the public
hearing.
Co~aisetoner Saunders ~oved, seconded by Cometssioner Shanahan and
carried 4/0 (Commissioner Volpe abstained), to approve Petition
CP-91-DRI-1, ~ubJect to the revised langnage proposed by Staff,
thereby adopting the Ordinance as numbered and titled below and
entered into Ordinance Book No. 50:
ORDINAN, OE 91-110
AN ORDINANCE AMENDING ORDINANCE 89-05, AS AMENDED, THE GROWTH
MANAGEMENT PLAN FOR COLLIER COUNTY, FLORIDA, BY AMENDING THE
FUTURE LAND USE ELEMENT TEXT FOR THE ACTIVITY CENTER SUBDISTRICT
OF THE FUTURE LAND USE DESIGNATION DESCRIPTION SECTION TO ALLOW
LIGHT INDUSTRIAL USES WITHIN THE INTERCHANGE ACTIVITY CENTER
DIRECTLY RELATED TO TOLLGATE COMMERCIAL CENTER DEVELOPMENT OF
REGIONAL IMPACT; AND PROVIDING AN EFFECTIVE DATE.
Item #8H1
Page 24
December 17, 1991
CONSENT BY THE BOARD OF COUNTY COM)!ISSIOFERS FOR ],tABORS, GIBLIN &
NICKERSON, P.A., TO PROVIDE TO COA~;T COMMUNITIES CORPORATION LEGAL AND
FINANCIAL CONSULTING SERVICES TO R~:VIEW AND ANALYZE, AND UPON
SUBSEQUENT BOARD APPROVAL, IMPLEMENT AND ASSIST IN FINANCING THE
PROVISION OF LARGE SCALE DEVELOPMENT INFRASTRUCTURE THROUGH
COOPERATION WITH LOCAL GOVERNMENT - APPROVED
Tom Olliff, Assistant to the County Manager, advised this item was
first heard by the Board on November 26th, however, was continued
because a representative of Nabors, Gtbltn & Ntckerson, P.A., was not
present to answer questions posed by Board members.
Commissioner Saunders recalled understanding this request to be an
indication there may be a conflict of interest, and the Board would be
agreeing in advance to that conflict.
Mark Lawson with Nabors, Gibltn & Ntckerson, P.A. (NG&N),
,:~:,':.. clarified his firm has responded to a request from Coast Communities
· Corporation with a proposal to analyze various government alternatives
for delivery of large scale infrastructure. He sald it was made clear
to Coast Communities that NG&N would not undertake any type of project
unless encouraged by the Board of County Commissioners, because their
practice is representing local government. He indicated their propo-
sal made it clear as part of the scope of services, that anything done
by NG&N would be looked at not only from the standpoint of Coast
Communities but from the standpoint of local government in an attempt
to retain the public policy prerogatives. He remarked it is their
reasonable belief that this will not create a conflict, however, the
conflict of interest rules specifically stats when a representation
may limit a lawyer's responsibility to another client, that he should
not undertake that repre~entation unless he reasonably belleyes that
the representation will not adversely affect both clients, and he
receives the clients' consent after consultation.
Attorney Lawson explained they are hoping to do a white paper as a
Phase I proposal, adding he has sent a copy of the proposal to all
Board members, and after dtscusstons~, has received general support
from the County Manager and County Attorney. He mentioned also having
talked with Tom Conrecode, Director of Capital Management Projects,
Page 25
December 17, 1991
who was very supportive and indicated he would be happy to monitor the
process on an on-going basis. He reported a condition has been agreed
upon by Coast Communities that any time NG&N or the County feels any
of this activity is not in the best interests of the County, NG&N
cease their representation. He indicated a specific parcel, which ts
adjacent to the County's landfill on the north sid,~ of the Intersec-
tion at 1-75 and C.R. 951, will be the focus and will provide the fac-
tual information on what type of infrastructure needs looking at. He
said the parcel is referred to as the White Construction parcel. He
expressed they believe these types of issues will come to every deve-
loping County in the State, and NG&N would like to be involved in the
sense of preserving those public policy prerogatives for local govern-
ments. He said they would be able to assert themselves on the
Count¥'s behalf to retain a way to create the infrastructure, and
ensure that it falls back into the County's hands while not creating
for the community any type of credit blemish or ill consequences that
are not disclosed at the time someone comes in seeking this type of
activity.
Commissioner Saunders asked if the potential exists for a special
district, whether it be Coast Communities Corporation or another
district, to be involved in the issuance of bonds to build a privately
owned water and/or sewer plant to service the communities?
Attorney Lawson stated that would not be feasible the way this
property is positioned. He said if there ever would be a special
district positioned like that, NGRN would provide in their white paper
that it is unnecessary in Collier County. He said If they were
involved in that for any reason, there would have to be a mechanism
through some form of interlocal agreement to make those facilities
fall into the hands of the County for a nominal conoideration. Me
reported those are the typ,~s of public policy prerogatives that NGRN
is looking to reserve for local government.
Commissioner Volpe asked what would NG&N's representation be of
Coast Communities Corporation in connection with the White Lake
Page 26
Industrial Park?
December 17, 1991
Attorney Lawson advised that parcel will be reviewed within the
scope of services to derive the facts on whatever infrastructure they
want to deliver to that piece of property. Be said if a conflict ari-
ses, his firm would not be available to the County as an advocate in a
lawsuit.
Commissioner Volpe, for clarification, commented if a conflict is
discovered, N&NG would not be able to represent either the County or
Coast Communities.
Attorney Lawson agreed, as to any matter relating to the White
Lake Industrial Park.
In response to Commissioner Volpe, Attorney Lawson stated he is
required to disclose and discuss the proposal with the Board, and not
go forward without the Board's consent.
Commissioner Volpe communicated this is an important project to
the commun/ty and should be done, however, he would feel more comfor-
table if NG&N were doing the work for the County.
Commissioner Shanahah uoved, seconded by Cobb-Isotoner ¥olp~, to
cor~ent to Nabors, Giblin a Ntckerson, P.A., providing le~l and
financial consulting services to Coast Co~a~ntttea Corporation.
County Attorney Cuyler commented developers who are seeking this
type of service will ultimately find It from someone. He said the
question is whether the Board wants an attorney or firm it has not
dealt with and who is zealously representing Its client va. someone
the Board is familiar with, who knows these types of things and whose
client knows the attorney will be representing the County and com-
muntty's Interest as well as that of the client.
Commissioner Saunders remarked that NG&N will have an obligation
to zealously represent Coast Communities on this proposal.
Attorney Lawson disagreed, stating the condition of this represen-
tation is to do an analysis both from Coast Communities perspective as
well as from the public policy prerogatives vested in local govern-
Page 27
December 17, 1991
Commissioner Saunders stated he will not rely on a report prepared
for Coast Communities Corporation involv2ng legal issues affecting
Collier County.
In answer to Commissioner Hasse, County Manager Dorrt]l stated
in this case it is very clear that the attorney is representing the
developer to explore the legal mechanisms to create community develop-
ment district type concepts. He said he is interested in NG&N doing
the work because that law firm happens to represent more local gover-
nments than any other firm in the State, and their particular bias is
I
protecting government. He indicated when Coast Communities returns
with their own petition, that is an entirely different matter.
Attorney Lawson clarified his firm will not go further than the
first phase of this project at this point. He said from a business
as well as an ethical standpoint, NG&N does not wan't to undertake this
project if the Board is uncomfortable with it.
Upon call for the question, the motion carried 4/1 (Conlsetoner
Saundera opposed).
Item ~12B3
ORDINANCE 91-121 RE PETITION PUD-91-12, GEORGE L. VARNADOE OF YOUNG,
VAi~ ASSENDERP, VARNADOE & BENTON, P.A., REPRESENTING WALLACE L. LEWIS,
JR., TRUSTEE, AND WILMA SOUTHEAST, INC., REQUESTING A REZON~ FROM
~A-2N AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPME~ FOR THE CARILLON
PUD, A MIXED USE COMMERCIAL AND RESIDENTIAL DEVELO~NT FOR PROPERTY
LOCATED AT THE SOUTHEAST CORNER OF AIRPORT-PULLING ]tOAD AND PINE RIDGE
ROAD - ADOPTED SUBJECT TO PUD DOCUmeNT A/FD ADDITIONAL STIPULATIONS
Legal notice having been published in the Naples; Daily News on
November 28, 1991, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing ~as opened to consider [~etition PUD--91-12,
filed by Seorge L. Vernadoe of Young, van Assenderp, Vernadoe &
Benton, P.A., representing Wallace L. Lewis, Jr., Trustee, and Wilma
Southeast, Inc., requestinG a fezone from "A-2" Agriculture to "PUD"
Planned Unit Development for the Carillon PUD.
Planner Nino presented Petition PUD-PI-12, requesting a fezone
that involves the southeast quadrant of P.ine Ridge Road and
Airport-Pulling Road. He sa~d the property is currently zoned
Agricultural and the land is actively being farmed. He noted the
Page 28
December 17, 1991
:Carillon PUD in Its entirety Is located ~tthtn an activity center
informed the project consists of 1E0 multi-family dwelling units at
the density prescribed for residential development in activity cen-
· .; ters, and 319,000 square feet of commercial activity. He said the
commercial land uses generally tend to be the uses allowed in C-3 and
C-4 zoning which basically allow the whole range of retail, service
and office type uses. He commented the Carillon PUD fits the proto-
type envisioned by the Comprehensive Plan. He advised from the land
use point of view, this PUD is consistent with the Growth Management
Plan, however, there is a problem with the traffic relationships. He
Informed this PUD exceeds the §~ significance test provided under
Policy §.1, however, that policy also provides for the Board approving
the project if the mitigation response t~3 found acceptable. He noted
as the mitigation response, the petitioner has agreed to donate all
the land required for the ultimate widening goals of Collier County on
both Pine Ridge and Airport-Pulling Roads. He said they have also
~.: agreed not to ask for a credit towards impact fees. He indicated the
developer is making a substantial monetary contribution that will
allow the County to improve the level of service condition on a defi-
cient link of roadway that can be done in a timely manner to be con-
sistent with the actual likely opening of any commercial
establishments on thls property. With that mitigation response, he
said, along with other commitments involving conservation, environ-
;~-: ment, water management and utilities, Staff finds Petition PUD-91-12
to be consistent with all elements of the Growth Management Plan. He
informed that the CCPC reviewed this petition and has forwarded a una-
nimous recommendation of approval to the Board.
Planner Ntno mentioned certain conditions have arisen recently
that are not reflected in the PUD document. He provided the Board
with language Staff is proposing be added in order to limit the number
of establishments allowed to sell alcoholic beverages, as well as a
modified Exhibit "E" listing access conditions.
In answer to Commlssioner Volpe, Planner Ntno stated the PUD
Page ~ 9
December 17, 199!
permits an automobile service station.
Commissioner Volpe mentioned an interesting part of this proposal
is the monitoring mechanism that will require this development to
track the improvements propoeed for Pine Ridge and Airport-Pulling
Roads. He asked if that means the County is requiring the infrastruc-
ture to be in place prior to the pro~ect being developed?
Planner Nino clarified the PUD state~ that by December 1, 1992, or
upon the letting of the contract for the six-lantng of Pine Ridge
Road, a Certificate of Adequate Public Facilities will be required.
Commissioner Volpe questioned if a sate plan will be incorporated
into the PUD document at this time?
Attorney George Varnedoe, representing the petitioner, replied
there is a pending SMP, however that is not part of this fezone
req~'lest.
Commissioner Volpe referred to a CCPC recommendation that a
cial development commitment agreement be made part of the PUD Document
that will address issues relating to access points.
Attorney Varnadoe explained that agreement is Exhibit "E", which
locke in the access points and how they function under both the four-
lane and six-lane conditions.
Commissioner Volpe inquired if this proposal has been structured
in such a way that the residential component cannot be eliminated in
the future in favor of additional commercial area?
Attorney Varnadoe referred to a drawing, stating under the pro-
posed plan with the commercial and residential areas situated as
iljustrated, there would be no way to convert the residential port/on
into commercial0 because there would be no market for commercial hid-
d.~n from the roadway.
In response to Commissioner Volpe, Attorney Varnadoe stated the
commercial development contains two anchor tenants with a combination
of 74,000 square feet of space.
Commissioner Hasse questioned if the dedication of 12 feet of
Page 30
December 17, 1991
right-of-way along Airport-Pulling Road is sufficient?
Planner Nlno advised the Transportation Department has indicated
that amount of footage is all that is required. He said during the
preliminary subdivision plat phase, there will be a requirement for
sidewalks and bike paths along both Pine Ridge and Airport-Pulling
Roads.
Commissioner Volpe asked if the developer is willing to integrate
architectural controls into the PUP Document, to which Attorney
Varnadoe replied in the affirmative.
Attorney Varnadoe inquired if the discussion concerning transpor-
tation issues which took place earlier in the meeting regarding The
Falls PUD can be included for purposes of this record?
County Attorney Cuyler indicated the issues are closely enough
related for that to be acceptable.
In answer to Commissioner Volpe, Attorney Varnadoe replied the
residential component of the project will be developed at 36 units per
acre.
Attorney Varnadoe communicated the petitioner has talked with the
land owners to the south and east. He provided the Board with letters
in support of the project from both those parties. He said the peti-
tioner has made considerable effort to buffer the project from the
adjacent propertie~ and to be compatible with their proposed land uses
in the future.
Commissioner Volpe mentioned it is Staff's opinion that the
Carillon PUD would be consistent with good transportation if
At=port-Pulling Road were six-laned for an appropriate distance south
of the intersection of Pine Ridge Road, and that the work be done at
the same time as the six-lanlng of Plne Ridge Road. Otherwise, he..
said, $taff'e recommendation is that the petition should only be
approved under the condition that no final Development Orders be
approved until the six-lanlng of Airport-Pulling Road or a Level of
Service "D" or better is achieved.
Attorney Varnadoe related the wording has been changed to be more
76
Page 31
consistent with that of The Falls.
December 17, 1991
He said the petitioner is pro-
viding the other half of the solution and has agreed to dedicate the
right-of-way required for the six-lantng of both Pine Rtdge and
Airport-Pulling Roads w~th no impact fee credits. He said the peti-
tioner has also agreed to provide the commercial Impact fees at the
time the County is working on that Intersection In order to make the
stx-lantng improvements at the Alrp,ort-Pulltng Road intersection at
the same time as the improvements of Pine Ridge Road.
Alan Reynolds with Wilson, Miller, Barton & Peek, Inc., stated
the subject property is an ideal location for this kind of project for
many reasons, including great access Immediately adjacent to a canal
that provides for a positive outfall; availability of both potable
water and sanitary sewer immediately adjacent to the property, which
has reserved capacity for the project; and the total lack of environ-
mental constraints due to the past agricultural activities. He
referred to the site plan, indicating the proposal includes two storm-
water management lakes which will serve both the commercial and resi-
dential areas as well as act as a buffer between the two. He said by
having an integrated water management system, the required stages for
water management can be reduced. He mentioned the petitioner is also
able to utilize the landscaping and open space requirements where they
are most effective. He said the project has 30% of the total area
devoted to open space and landscaping which has been located.along
per/meters, at key points of access to the project, separating the
residential from the commercial, and will create three tiers of
landscaping between the roadway and the building Itself. He reported
many changes have been made to the ~ite plan over the past several
months to address Staff's concerns regarding access. He stated one of
· the access points has been eliminated and another has been con-
solidated and relocated further to the east on Pine Ridge Road. He
advised with two full and three limited accesses, very significant
controls have been imposed for access management. He noted the pro-
Ject's main access is approximately 1,000 feet away from the intersec-
'7'7
Page 32
December 1~, 1991
~ tion which provides for very good transitions for turn lanes.
In response to Commissioner Volpe, Mr. Reynolds stated the PUD
master plan will control the number of outparcels, adding there are a
total of five outparcels for the entire center which he estimates will
contain a maximum of 30,000-40,000 square feet.
Attorney Varnadoe, after consultation with his client in response
to concerns of Commissioner Volpe, stated the petitioner will delete
the hotel use from the PUD to eliminate any confusion, and agrees not
to seek any impact fee waivers for the residential portion of the pro-
Ject.
Sewell Corkran commented that the project itself may be a perfect
plan, however, the County has a timing problem with respect to rosd
conutruction in order to maintain the Level of Service standards set
forth in the Growth Management Plan.
Robert Gebhardt communicated he is opposed to this project. He
noted if this petition is approved, the County should mandate the
residential portion be affordable housing. He indicated over
2-million square feet of commercial space are proposed at this inter-
section, which will req~'re approximately 4,000 employees. He
suggested for the stgnift~ant financial gain the developers will
realize, they should be required to provide social compensation in
return. He added the Level of Service on the affected roadways will
only be raised to a "D" Level after the improvements are made on what
is considered the gateway to the community.
In answer to Commissioner Shanahan, Transportation Services
Administrator Archibald advised Staff has been concentrating with the
developer on improving t~e capacity of that corridor by first
improving the intersection from a four-way system with four lanes in
all directions, to a four-way system with six lanes in all directions.
He said that intersection improvement, which will extend beyond the
intersection itself more than 1,000 feet in all foum directions, will
provide capacity so that the corridor will be maintained at Level of
Service "E" until the six-laning of Airport-Pulling Road occurs, which
Page 33
~?'. is scheduled for 1993-1994.
December 17, 1991
Mr. Gebhardt questioned, assuming the improvements are made and
the 2-million square feet of commercial is constructed, what wall be
the Levels of Service on Pine Ridge and Airport-Pulling Roads?
Transportation Services Administrator Archibald replied the Growth
Management Plan requires that corridor to be at Level of Service "E",
which is why the intersection Improvements must be concurrent with
those of Pine Ridge Road.
Attorney Varnadoe commented his understanding that when the six-
laning improvements are completed on both Airport-Pulling and Pine
Ridge Roads, Airport-Pulling Road will revert to Level of Service "A".
In response to Commissioner Volpe, Transportation Services
Adninistrator Archibald stated Impact fee payments from both The Falls
and Carillon PUD's, which will be paid at the point in time the County
Is ready to undertake those improvements, will fund all four legs of
that construction. He said the County's timeframe for construction
will most likely result in the Impact fees being paid after the
expected increase occurs in those fees.
Commissioner Volpe asked if the developer would stipulate that the
impact fees be paid at the new amounts?
Attorney Varnadoe remarked the earliest Impact fees can be paid is
at the Subdivision Master Plan (SMP) stage. He said he would hesitate
to agree to Commissioner Volpe's requested stipulation, but is hopeful
the increase will occur before the aMP is approved.
Jeff Perry, Growth Planning, explained the Adequate Public
F~cJ. ltttes Certificate can be taken out at any point in time, however,
the fees are paid as an escrow towards the future payment of impact
fees to be collected at the time of building permit issuance. He said
if the fees are increased in the Intervening time, the developer will
pay the difference. He advised if this developer will be paying
impact fees for use on this ~ntersectlon before they obtain a building
permit, the County will need an agreement which states they will pay
whatever difference there may be upon issuance of the building permit.
December 17, 1991
Co~atseloner Volpe ~oved, seconded b~ Couteeioner Hesse ~nd
c~rrted umant~a~uely, to close the ~bltc hearing.
Cmtestoner Vol~ noved, seconded ~ Coatestoner Hesse ~d
cvrt~ ~t~usly, that Petition PUD-91-12 ~ approved ~bJect to
sddttt~l stl~la~lons r~trtng Integration of m architectural pl~
for all the pro. rites; the ccittsent that the develo~r ~tll pay the
entlr~ cost for the traffic st~al associated etth the ~Cl; deletion
of t~ ~tttg ~e for hotels/~otels ~d tr~stsni lodging facility;
the cst~t t~t the ~mer of the pro~rty ~d Its ncc~ssors
not ~t a ~t~r of l~act fees for the residential co~nen~ of
the ~; ~ a~roprtate stt~latton that the aontes to ~ ~ld as a
deceit ~dtng t~ct fees to ~ held in eocr~ c~ ~ used,
~ dtffe~ce will ~ paid at the tt~e of ~tldtng ~ntt
there~ ~d~itng the Ordtn~ce as numbered ~d titled ~1~ md
~ts~ed Into Ordtmce Book Io. ~0:
O~IN~CE 91-111
AN ORDINANCE A~ENDING ORDINANCE NUMBER 91-102. THE COLLIER COUNTY
LAND DEVELOPMENT CODE. WHICH INCLUDES THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPO~ATED A~EA OF COLLIER COUNTY,
FLORIDA. AND A~ENDING THE OFFICIAL ZONING ATLAS ~AP NUMBER 9513N
BY CHANGING TH~ ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL
PROPERTY FRO~ "A" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS
CARILLON PUD, A HIXED USE CO~NERCIAL AND RESIDENTIAL DEVELOPMENT
FOR PROPERTY LOCATED AT THE SOUTHEAST CORNE~ OF AIRPORT-PULLING
ROAD AND PINE RIDGE ROAD, LOCATED IN SECTION 13, TO.SHIP 49
SOUTH, ~NGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 43.21
AC~ES; AND BY ['ROVIDIN6 AN EFFECTIVE DATE.
*** C~tsstoner Sanders left the ~eettng ~t this rise
C~~ ~IT 91-6 ~ PETITION C-91-6, ~Y COOK OF COLLI~ CO~
1~I~~ Ifil [ ~5ITION, INC., ~STIN~ A PE~IT TO CO~U~ l
C~~ ~ ~Y 10, 1992, ~OUGH J~Y 15, 1992, ON ~E
C~i~eloner Vol~ ~oved, seconded ~ Co~t~toner Haeee ~d
4/0 (C~isssloner Sanders out), to approv~ Carnival Petit 91-6
r~ding ~tltton C-91-6, to con~ct the Collier Co~
c~t~l/fair, ~bJec~ to consideration of the ~tvers for the
~nd, C~lval Feo ~d Oc~tional License Fee.
Page 35
December 17, I991
et~ :~Commt~tone~ S~ndars raturnad to the meeting at this time
Mr Itel ~8B1
R~PORT ON CONTRACT F~E NEGOTIATIONS WITH MCGOV~RN CONSTRUCTION
CORPO~ATION FOR STATE ROAD 29 PEDESTRIAN OVERPASS IMPROVEMHNTS - STAFF
DIR~D TO REBID THE PROJECT
Responding to Commissioner Goodnight, Transportation Services
Administrator Archibald advised that McGovern Construction Corporation
has submitted a counteroffer to the County reducing the price of their
bid by approximately $125,000. Me recalled the original bid was
$697,000. Me reported Staff is still concerned whether or not
something would be gained if the contract is rabid. He explained
Staff is aware of the importance of this project to the Immokalee
area, while at the same point, the bid is above the budgeted amount of
$500,000. He added Staff has asked for a third party estimate from a
structural consultant, which is expected in the near future. }{e tndl-
dated Staff's recommendation is not to make a final decision until
that estimate is received, and if the revised bid of $573,000 exceeds
the third party estimate by 10~, to rabid the project.
In answer to Commissioner Volpe, Transportation Services
Administrator Archibald advised that Staff made the decision that
enough money was at stake to Justify spending $350 for the third party
estimate, which will include additional evaluation of the plans and
will develop a construction sequence and maintenance of traffic plan
that may or may not be the same as what is included in the specifica-
tions. He said that may give credence not only to rabid, but to
reduce the contract work.
Commissioner Goodnight communicated her concern that the project
was put out to bid in October with only one response, and the economy
is no worse this date than it was then. She asked how can anyone be
sure if the project is rabid, that the responses will not be a~ a
higher price, resulting in the County not being able to proceed and
holding up the project again as it has been for the past three or four
years?
Transportation Services Administrator Archibald noted at the time
Page 36
December 17, 1991
~i'.!, of the County's bid, the Florida Department of Transportation (FDOT)
was also bidding projects, which may be an important factor in why
only one bid was received. He said Staff expects to receive at least
three responses if the project is rabid at this point in time.
Butch McGovern, Vice President of McGovern Construction
Corporation, thanked the Board for directing Staff to attempt a nego-
tiated figure on the contract. He said they have provided a coun-
teroffer of $573,000, which is approximately l~ over Staff's
estimate. He said if the process is delayed, whether to rabid or by
waiting for the third party estimate, his company does not anticipate
rebidding the project. He explained the reduced amount of their coun-
teroffer was based on negotiations with their suppliers and sub-
contractors, and they do not anticipate being able to come in with an
amount lower than their current negotiated price. He also pointed out
if awarded the contract at this meeting, his company would be able to
start the project beginning the first of the year, and erect the
pedestrian overpass itself over the school entrance during the Spring
break, which is a crucial factor.
Commissioner Saunders asked if Transportation Services
Administrator Archibald is advising the Board to rabid the project?
Transportation Services Administrator Archibald responded that
Staff*s recommendation is subject to the third party estimate, which
may project a County savings of $30,000-50,000 by rabiddiag. He
indicated his belief that the potential of that amount of savings
exists, however, he does not have the report in writing. He stated
because the Board will not meet again until January, 1992, he recom-
mends if the pro~ect is rabid, that it be done in a process that will
allow Staff to get bid packages to a number of contractors very
quickly and possibly have a bid opening within 30 days.
Co~isstonsr Hames ~oved, seconded by Commissioner Saunders and
carried unanimously, to direct Staff to rabid the project for Stste
Road 29 Pedestrian Overpass I~prove~ents.
*** l)~pnty Clerk Hoffman replaced Deputy Clerk Ouevln a~ this time ***
X~e~ ~8D1
Ps~e 37
Assistant Utilities Administrator Bloatschar reported that this
item was presented to the Commission two weeks ago and staff advised
at that time that they were attempting to work out an agreement to
move the Foxflre Wastewater Treatment Plant to Everglades City. He
stated that the agreement has been completed.
Mr. Bloetscher explained that the County has no further need for
the packaged plant and the salvage value is minimal. He noted that
$25,000 had been previously budgeted to remove the plant from the
sate, however, rather than doinG that Everglades City would acqn/ire
the plant and reimburse the County over a period of time and there
would be no net loss of revenue to the Collier County Water/Sewer
Oemm/Ntoner Saunders moved, seconded by Commtaatoner Hmsae to
mpp~eve the contract conveying the Foxfire Waatewmtsr Treatlent Plant
to ~e~glmde~ City.
Commissioner Volpe noted that Finance Director Yonkosk¥ has raised
issues with regard to the fact that there are past due payments for
fire protection and a sum of money that is owed the County. In addi-
re-sodding of the site will be provided by the County, however, the
bulk Of the cost for cutting up the equipment and moving same will be
t/on, he asked who would be responsible for the mitigation at the
plant site.
In response to Commissioner Volpe, Mr. Bloatschar stated that
reimbursed by Everglades.
Finance Director Yonkosky advised that the City of Everglades made
a payment of $17,000 this date, but noted that the July payment is
stall outstanding.
County Manager Dotrill remarked that he spoke with the Mayor of
Everglades and indicated that he was not aware that the invoice was
unpaid and that arrangements would be made to process payment.
Upon call for the question, the aotion carried unanimously.
Page 38
December 17, 1991
~TIC~ OF pROMISle TO PAY AND A~P,~KM~NT TO ~I'KND PAYP~'NT OF -~l~'l~
I'MP&CT I~g$ FOlq A.H. & N.B. CORPORATION - APPROVXD
Assistant Utilities Administrator Bloetscher advised that this
item relates to a day care center with a failing septic system that
needs to connect to the East/South System. He reported that this is a
commercial financing arrangement requiring approval by the Commission.
Coe~t~loner Voll~ ~oved, seconded by Couissioner Raise ~d
c~l~ ~~ly, that the Chat~ exe~te the ~ottce of ~o~t~e
to ~ ~ A~t to ~tend Pa~ent of S~r ~.te~ I~ct [ee~ for
0co
Page 39
December 17, 1991
OF NET~OI~ CO~(UNICATIONS EQUIPMENT FOR COLLIER COUNTY
DIVISION - AWARDED TO TRILO(tIC CORPORATION IN TR~ AMOUNT OF
M.I.S. Director Nan/fin requested that the Commission award a bad
for network communications equipment for the Utilities Division in
order to connect back to the main data center in Building "F". He
revealed that the bid was originally awarded to another vendor due to
a $3,000 calculation error. He recommended that the bid be awarded to
Trilogic Corporation.
Mr. Hanifin stated that this is the final component of the items
required to bring the Utilities Division on line with the utility
billing system.
In response to Commissioner Volpe, Mr. Hantfin reported that the
purchase order was let to what was perceived to be the low bidder and
they notified staff and advised that they wanted to re-bid. He
affirmed that he informed the vendor that it was not possible to re-
bid since this was a sealed btd.
Com~imeloner Saunders moved, seconded by Conisaloner Volpe and
carried unant~rasly, to award the ~rchase of ne~rk co~lcations
~t~t to Trtlo~tc Coreretlon.
It~ ~SD4
STA~ DEED ~ QUIT C~IM DEED ~R RIGHT-OF-WAY ACQUISITION ~R
~ NO~ CO~ ~GION~ WATER ~EA~ P~ - ACCE~D
Assistant Utilities Administrator Bloetscher stated that this Item
relates to the right-of-way acquisition for the North County Regional
Water Treatment Plant. He noted that there is a statutory deed from
the Collier County Water/Sewer District to condemn the water plant
site to the County and a quit claim deed from the Archdiocese of
Venice which is the property owner between C.R. 951 and the water
plant site.
C~tutoner Saunders ~oved, seconded by Cow~lseloner Hume ~nd
c~rr~d lan~nl~u~l¥, to accept the Statutor~ Deed and Quit Clail Deed
for right-of-way for the North County Regional Water Treatment Plant.
00D,, .125
Page 40
December 17, 1991
GROU~ZC~ ~ PLAN DESCRIPTION CHANGZS A~D INI~EM~TfATION OF
Ad=tnlstratlve Servlces Admtnlstrato~ Ochs recommended that the
Commlsslon approve a serles of changes to the Collle~ County G~oup
Nedlcal Plan. He reported ~hat the changes a~e recommended by staff
to control the rls~ng cos~s of provlding healrib ca~e se~vlces to
County e=ployees and at ~he same time maintain a competlt~ve beneflt
package. He noted that the specific changes cover 15 areas of the
benefit plan, as de~ailed in the Executive
Mr. Ochs explained that ~f the 15 plan design changes are imp/e-
mented, there would be a sav~ngs of app=ox~mately $250 000 through
bal~ce of th~s fiscal year.
In response to Comm~seioner Hasse, Mr. Ochs revealed that there
are some reauc~ons ~n benefits and sh~fting of costs, depending upon
~he choices made by ind~v~dual employees, no~ng that unfortunately,
there is no other way ~o save money without modifying the plan.
Hr. Ochs stated that In addition to the 1~ plan design changes,
staff ~s also recommending a~proval of the main~enance drug program.
He affirmed that this program allows employee~ who re~larly purchase
maintenance t~es of drugs, i.e. h~gh blood p~:essu=e, etc., to
purchase same from a wholesaler In 90 to 120 day allotments. He
related that these p=esc=lp~lons a=e filled with gene=~c e~va~ents
which reduces costs and those drugs are provided at approximately 20~
below the average wholesale price. He lndica'ted that th~s program
will save approximately $50,000 th~s fiscal
C~seloner Vol~ moved, seconded by Co~ss~on~ Sh~ to
~~ the Grip Medical S~ PI~ Descr~l~tton ch~s ~d the
i~l~ntatt~ of m ~lnten~ce d~g pro~ ~etth Hooks-Su~, Inc.,
Co~ssioner Volpe questioned whether th~ ~e an area where the
Co~ty could cooperate w~th the C~y of Naple~ and have one admi-
n~strator for all the munlclpa~ employees.
ee
Page 41
, December 17, 1991
· County Manager Dorrtll replied that Commt:sstoner Volpe's
suggestion could be explored, but noted that he would want to look at
the City's loss experience in the past to det,~rmine whether they would
* be a viable partner.
Upon call for the queation, the Lotion ca:Fried unantLoue'ly.
REQUEST THAT ~C G~ CO~CTING S~VIC~S, INC. WIDOW ~IR BID
~ ~ BID ~9~-~804, D~INA~E S~ FOR CELL SIX, N~LES ~FILL,
~ ~ICO, INC. 0F ~. ~S - APPR0~D
Solid Waste Management Engineer Boucher stated that this item is a
request to award Bid #91-1804 to FOURLIC0, Inc. of Ft. Myers, in the
amount of $1,391,6§0. He indicated that this project is a follow up
to Board action of October 22, 1991, when a portion of the /eachate
collection system was awarded and accepted staff's recommendation to
re-bid the sand port/on of the project.
Mr. Boucher advised that the apparent low bidder was ERC General
Contracting Services, Inc., however, within minutes of the bid
opening, the Purchasing Department was notified that the contractor
made an error in his bid, therefore, staff is requesting that this
vendor be allowed to withdraw his bad and proceed with the award of
same to the next lowest bidder.
Commtemtonar Volpe Loved, seconded by 0oeltsatoner Saunders and
cax'r/ed n~ani~el¥, to allow ERC General Contracting Services, Inc.
to withdraw their bid and award Bid ~91-180A to FOURLICO, Inc. of Ft.
Myers, An the am(mxnt of $1,391,650; that the Chairman si~n the ending
contrac~ m~ree~ent; and that the corresponding budget a~endment be
approveS.
F~AN~I~ FE~ ~ETTLEMENT AGI%EEI~XITr WITH PALM~H COM~{UNICATION~, INC. -
APP~X;~ PALMER TO PAY ADDITIONAL $~,0~8 IN ~NTEREST FROM ~0/3~/9! TO
Assistant County Attorney Wilson advised 'that this item was
discussed at a prior meeting and approved in ,:oncept. She recalled
that the Commission inquired as to whether staff could further nego-
tiate with Palmer with regard to a couple of :Items. She indicated
Page 42
December 17, 1991
~'~i'.:that County Manager Dorrtll has negotiated with Mr. Ryan, CEO of
Me. Wilson stated that Page 3 of the Agreement contains additional
.', language providing that Palmer will pay auditing costs which pre~
i;" viously were to be split between Palmer and the County, up to the
t . amount of $§,000. She noted that it is estimated that auditing costs
'~".' will be approximately $3,000 - 84,000. She explained that Palmer has
i~. agreed not to have any pass through of funds that will be paid to the
~. County charged to the subscribers She noted that there is also a new
~"." Exhibit "C" which is a sample of the audit letter form and the second
~" . page of same sets out that the auditors will represent to the County
,:[,' that the future monies that are auditing do not show that there are
:i" any monies paid by the subscribers to cover this cost.
:!' In response to Commissioner Shanahen, Ms Wilson pointed out that
[ the next item on the agenda deals with the transfer of Palmer
A Communications, Inc. cable television franchises to Palmer Cable
Associates. She remarked that because the transfer is taking place,
Palmer has offered a suggest/on dealing with a structure to protect
the consumers from paying the bill that Palmer owes the County. She
explained that the future franchises will be receiving the future
funds paid by the subscriber and the present franchises is the entity
who would be paying the monies to the County.
Comm~ssioner Hasse questioned whether provisions are Included to
prevent Palmer from increasing subscriber rates.
County Manager Dotrill reported that Palmer advised that Federal
law does not allow local governments to regulate local cablevision
rates. He indicated that there are some exceptions within the FCC
guidelines for same, however, they have to do with limited service
areas, but Collier County does not qualify as a limited service area.
Ms. Lee Layne stated that the North Naplem~ residents would like to
be treated the same as other Palmer subscribers. She revealed that
each Tuesday when watching the Board of County Commissioners meeting,
the North Naples residents are cut off from program viewing at various
Page 43
December ~17, ~1991
times, i.e. 5 P.M., 7. P.M. and 11 A.M. this week. She cited that the
areas south of Pine Ridge Road receive CommisfJion meetings and City
Council meetings for as long as the meetings Fun. She requested the
same consideration as the rest of Collier County.
County Manager Dotrill stated that histor:[cally the North Naples
area was served from Bonita Springs, but noted that he will be happy
to explore this matter.
Clerk Giles remarked that he has previously advised of the types
of Palmer's //ability and problems with indepe~ndent auditors. He
noted that as pointed out in the executive summary, he believes that
additional interest is due, but the response from the County
Attorney's Office indicates that this is a negotiated ~nterest.
In response t.o Commissioner Volpe, Finance Director Yonkosky cited
that he does not understand the method by which the interest was
calculated. He noted that basically Palmer's ~nterest stops as of
January l, ~99! and the County is not receiving any interest for this
full year. He stated that he took the actual amounts that Palmer is
not contesting, applied simple ~nterest to same up through 12/31/91
and that amount is $140,454, however, Palmer is offering $39,000.
Assistant County Attorney Wilson stated that Palmer is not obli-
: gated to pay any interest at all. She revealed that negotiations were
held to get interest. She noted that in any set of circumstances
interest would be due on the unpaid balance but the payments for this
year have not yet become past due and unpaid. She remarked that the
November, ~988 date was selected since there is an interest require-
ment in the ordinance and Palmer~s attorney was willing to concede the
interest issue in that if they were bound by the ordinance it would
not have begun until November 1, 1988 when the ordinance was adopted.
She remarked if the amount of $39,000 is not accurate, based on that
premise, the County would be entitled to receive more monies.
Finance Director Yonkosky indicated that the money is based on
funds due Collier County for fiscal 1990 through March 15, 1991.
Commissioner Volpe remarked that he assumed that the interest
Im
Page 44
December 17, 1991
~" would go back five years and there would be preJudgment interest as
part of the settlement, citing that he did not understand that the
interest would be calculated from 1985 going forward.
Attorney Dudley Goodlette, representing Palmer Communications,
reported that calculations were based upon the assumption that if any
tional interest amounts are owed to the County up to the time of
approval, those numbers should be calculated and included as part of
Interest was due at any time under any agreement it would be under the
Franchise Ordinance. He indicated if interest was calculated effec-
tive November 1, 1988, the date of the ordinance, the amount would be
$39,954.
Attorney Goodlette advised that he has g~ven Assistant to the
County Manager Pike a check in the amount of $39,954.
Finance Director Yonkoeky explained that his calculations include
interest through December 31, 1991 and the money due was based on
calendar year 1990 and due March 15, 1991.
Ms. Wilson stated that the interest is accrued through October
3let, since it was at that time that this agreement was being pre-
sented to the Commission for the first time. She indicated if addi-
the audit.
Mr.. Goodlette remarked that an additional $4,018 would be due from
October 31, 1991 through yesterday and his client has given authoriza-
t~on to pay this amount. He advised that he will forward a separate
check in this amount.
Mr. John Keschl declared that West Winds had. a 15 year contrac~
w~th Crystal Vision, however the service was very poor and taken over
by Palmer. ~e noted that a 10 year contract et~ll remains w~th
Crystal Vision and should be honored by those that purchased that com-
pany. He cited that Palmer's service is terrible and the rates have
been increased. He noted that rates are required to be pa~d three
months in advance to his homeowners associat~on which is acting as a
collection agency. He remarked that he questions whether Palmer has
Page 45
December 17, 1991
In response to Commissioner Saunders, Ms. ~Itlson revealed that she
contacted Miller Holbrooke and requested an estimate of fees if they
completed the research as referenced in their letter as well as filing
suit. She reported that she received a written response indicating
the minimum for research and getting into position to sue would be
approximately $100,000, however, this amount could be as much as
i!...$3oo,ooo - S OO,OOO.
Commissioner Saunders stated that he feels that there comes a time
to either accept etaff's recommendation or litigate. He noted that he
believes that the Commission should rely on Ms. Wtlson's recommen-
dation.
Co~A~ionar Saunders ~v~d, seconded by Cozmisstoner Shanaban and
carried unanimously, to approve the Franchise Sottle~ent A~ree~entI
and that Pal~er l~Y the additional interest in the amount of $4,018.
000,, :132
Page 46
Xt~ ~9D
December 17, 1991
~j(:', TRILI[~]~ OF P~ COg~K]NICATIONS, INCORPORATED CABLE TELEVISION
~/:*(*. F~AII~F/$E~ TO P~ CABLE ASSOCIATHS, A FLORIDA GEI~ERAL PARTNERSHIP -
Cc~a~leelonar Saunders moved, emcondad by Commissioner Shanahen and
carried unanimously, to approve the transfer of Palear Co~munAcations,
Incorporated cable television franchises to Palmer Cable Associates, a
Florida ~eneral Partnership.
Xta~gF
::
RFP 91-1762 FOR PROCUREMENT OF COURT-APPOINTED LEGAL SERVICES -
VARIOUS FI~ APPROVED AS RECO~ENDED BY STAFF
Assistant County Attorney Mafialtch advised that he has worked with
the selection committee, Clerk's Office, Court Administration,
Judiciary, Local Bar and the Manager's Office to present the concept
of a contract to provide for legally mandated dependency, guardianship
and Involuntary treatment cases when attorneys are appointed to be
compensated. He explained that Florida Law requires that the County
pay for court-appointed counsel who handle these types of cases.
Attorney Mafialich stated that he was approached one year ago by
Judge Brousseau who requested that this matter be pursued due to
increased case loads.
Mr. Mafialich indicated that the selection committee met and after
an interview process, recommended the law firm of Faerber & Hissam as
the primary firm to handle Collier County's dependency case load and
Tretser, Kobza, Leigh & Hag&man to serve as backup In that category of
cases.
With respect. to guardianship and involuntary treatment area, Mr.
Mafialich revealed that the selected proposer is the firm of Burzynski
& Burzynski.
Mr. Mafialtch explained th~? the benefits of the contract approach
of these types of services would render greater efficiency in Juve-
nille dependency Intake court, since there would be a firm functioning
in the same manner as the Public Defender does in the criminal system,
and there may be a savings in time and fees that are being charged.
Page 47
'" December 17, 1991
~[i":;In addition, he remarked that this would allow the Judiciary to have
,greater ease of appointments.
!~:'( " ~issioner Shanahah moved, seconded by Conissloner Hasse and
co/Tied ~nmniBcmsl¥, to award RFP-91-1762 to Fasrber & lllsm,
T~eloe~, gobza, Leigh & Hagam&n, and Burzlrnskt & BurzynsklI and that
staff ~timte and prepare agreements for subsequent Board approval.
Its ~
I~CO0~BIfD~TXON TO ACCEPT PAYI~NT OF TH~ RL~AXNDER OF NONXES OWeD AND
FROI~3t~D BY T~LESAT CABL~'ISlON, INC. IN R~SOLUTION OF F~q.q~fCHISE
~tFPLXC&TXON F~ DISPUTE - APPROVED
Assistant County Attorney Wilson advised that she has received a
proposed settlement from the attorney representing the FPL Group. She
divulged that originally the County was paid a $10,000 application
fee. She Indicated that the Cablevision Ordinance allows reasonable
expenses to be recouped that are tied to the review of an appltca-
820,000.
amount.
tton.
Ms. Wilson stated that It has been determined that Telesat owes
monies in excess of $32,000 and they have offered to pay the County
She Indicated that she recommends acceptance of the lesser
With regard to the $32,000, she reported that statements have
been received and some are ambiguous as to whether the Telesat appli-
cation or the Cablevision Ordinance was being reviewed.
Coeetsslener Volpe moved, seconded by Coanisstoner Hasse and
carried u~ant~ously, to approve the proposed settlement of the
applic~tton fee dispute with Telesat by accepting the m~ of $20,000
as final payment from Telesat Cablevision, Inc. ~SEE~PAGES 414 - 415
~,. Iteu d~OH
UPDAT~ R~ TOURIST DEVELOPMENT TAX LKGISLATION AND RELATED MATTERS -
STAFF TO WORK WITH NABORS, GIBLIN RE DRAFTING OF CURATIVE LEGISLATION
TO BE FRE~NT~D TO FLORIDA LEGISLATURE
Assistant County Attorney Wilson recalled 'that the Commission pre-
viously directed staff to go forward with whatever was necessary to
investigate the possibility of curative legislation. She announced
that it was discovered that Dads County had a problem similar to
Collier County's problem. She revealed that Dads County is attempting
Page '48
December l?, 199!
~.~:to'deal with their problem at the Special Session of the Legislature.
Ms. Wilson stated that staff Investigated to determine what
Collier County would need to do to accomplish the same thing, however,
time did not permit this to be accomplished during the Special
Session, but noted that commitments have been received from some of
the Legislatures Indicating that they look favorably upon providing
assistance at the regular session of the legislature which starts In
January. She requested approval to utilize the law firm of Nabors,
GtblIn in this regard.
Commissioner Goodnight stated that she ha~3 been working with Sarah
Blakely, of Nabors & Gtbltn. She Indicated that Ms. Blakely's exper-
rise is needed to write the legislation and she is located In close
proximity to the lawyers working at the Legislature and would be there
to ensure that discussions are channeled to the right people. She
asked that the Commission conceptually approve this request.
Cos~/elton~r Saunders ~oved. seconded by Co--~tsetoner Shanaban
carries un~nt~oully, to retain the se~tces of Atto~ey S~ Bl~ely
for the ~~e of ~afting ~rattve legislation; ~d Co~
Atto~'s Office to do what.st ~sstble in order to present t~t
lmgtslatton b~fore the Florida Legislature ~nd work with the Dads
County I, egislatton if there is a way to obtain sulrport.
~ OF POIFKRTY FUNDING FOR IMNOKALEE NON-PItOFIT HOUSINO (SANDERS
PINE~} - C(KIIFI~ ATTORNEY'S OFFICE TO TAKE NECESSARY ACTION TO PROTeCT
POCE~T OF ~ ~
Assistant County Attorney Wilson reported that this Item has been
added on as an emergency. She explained that approximately $119,000
of Pocket of Poverty funds have not been disbursed. She reported that
all the projects have been completed with the exception of the Sanders
Pines pro~ect which is being built by Immokalee Non-Profit Housing.
Ms. Wilson advised that there is currently litigation between the
builder and Immokalee Non-Profit Housing as to who has caused the pro-
]ect to go as long as it has and why it has not been completed. She
indicated that the County Attorney's office has been involved with
Page 49
December 17; 1991
.'-attempting to facilitate the project needs for completion since there
.are four units that have not received C.0..'s.
She reported that at
2:30 P.M. this date she received a mitigation plan which was required
for the County to approve the completion of those final units. She
requested that if the mitigation has not been completed so that County
could issue the C.O.'s by December 31, 1991, the County Attorney's
office be given the authority to transfer the funds into a trust, sub-
Ject to a trust agreement, and represent to the State of Florida that
the funds had been disbursed. She revealed that all the projects were
to have been completed by the end of this year. In addition, she
requested that the trust agreement include a provision to protect the
County so that whatever monies may be necessary for mitigation would
be set aside.
In response to Commissioner Volpe, Commissioner Goodnight stated
'that the money has been set aside and is still owed to the developer
who is supposed to complete the mitigation, however, if this is not
accomplished, the County would complete the mitigation with that
money.
C~toner Saunders moved, seconded by Comiesioner Shanahen and
that the County Attomey's Office take the
action to protect the Pocket of Poverty funds.
ee DeputF Clerk Ferris replaced Deputy Clerk Hoffman at this tt~e ''
Xte~ ~9J
~D~LA~D. ORDINANCE 91-112 RE SUSPENDING ENFORCeMeNT OF
ORDINANCE NO. 91-19 RELATING TO REGULATION AND PE]~I~ ~R COMMERCIAL
MULLETVE~"LS-ADOPTED
C~lssioner Saunders moved, seconded by Comtesloner Volpe and
carried unani~lu~ly, to declare an emergency tn reference to enfor-
client of Ordinance 91-19.
Assistant County Attorney Wilson explained that Ordinance 91-19
has been questioned by the Florida Marine Fisher/es Commission, which
has advised that they may request an Attorney General opinion.
She reported receipt of complaints regarding the provision of the
Ordinance providing for a time deadline for obtaining the permit. She
Page 50
December 17, 1991
?:~.relayed ataff's recommendation to suspend enforcement off Ordinance
and allow staff to submit the question to the Attorney General's
Co~iuloner Volpe loved, seconded by Co~missioner Saunders and
carrt~ un~ni~ously, to close the ~bl~c hearing.
Co~tntoner Volpe loved, seconded by Co~iasioner Shanahan and
carried unani~ouel¥, to suspend enforcement of Ordinance 91-19,
thereby ~pttng the 0rd~n~ce as n~red ~d t~tl~ ~1~ ~d
~te~ into ~imce ~ok No. 50:
O~IN~CE 91-~12
AN ~R~KNCY ORDINANCE SUSPENDING TH~ ENI~)RCEMENT OF COLLIER
C(K~T~ 0~DINANCE NO. 91-19, SAFETY P~RMITS FOR COMMERCIAL MULLET
VESSELS, FOR A PE~IOD OF ONE YEA~; FROVIDING FOR THE PURPOSE OF
THIS TEMPOrarY SUSP~IqSION~ FROVIDING FOR ]~0TIFICATION OF TH~
ENACTMENT OF THIS 0~DINANCE; PROVIDING F011SEVE~ABILITY~ DECLARING
AN ~G~N~; I~0VIDING AN ~FF~CTIVE DATE.
Ite~#10A
~OLUTIO~ 91-817 APPOINTING TOM HENNING AND LINDA TISCHLL~R TO THE
~0LDEN ~T~ CO~qUNITY CENTER ADVIS0NY COMMITTI~E - ADOPT~D
Sue Fllson, Admtnis~rattve Assistant to the Board, reported two
terms are expiring on December ~st without a request for reappoint-
ment. She relayed staff~s recommendation for ap~ointment of Tom
Henning and Linda Tischlet.
~inA~er Shanahan loved, seconded by Co--ies~oner Hasee and
carriedu~anA~u~17, to ap~int To~ He~ing ~d L~n~ Tischlet to the
~ ~te Co~~ Center A~A~o~ Co~ittee, there~ adopting
Page 51
December 17, 1991
Xtest#iOB
71;,' ' RESOLUTIOl[ 91-818 APPOINTIN~ ROBERT #. COCHRAN AND LLOYD MOOLSKY TO
~i.i~ THI: Xgv.,B~ .....OF CAPRI FIRE COIFl*ROL DISTRICT ADVISORY CONNXTTI~.E - ADOPTK~
Sue FAlson, Administrative Assistant to the Board, explained there
ks a need for two appointments to The isles of Capri Fire Control
District Advisory Committee.
Conditioner Shanahen ~oved, seconded by CouAeeloner Saunders and
carried unanl~u~l¥, to appoint Robert W. Cochran and Lloyd #ooleey to
The Xele~ of Capri Fire Control DistrAct Advisory Co~aittee, thereby
~toptingResolution 91-818.
Page 52
December 17, 1991
RESOLUTION 91-819 APPOINTING ROB~RT C. COLE A~ MARY BUSCH~LMAN TO THE
LELY ~OLF ESTATES BEAUTIFICATION ADVISORY CO.lITTlE ~ .ADOFTED
Sue Fllson, Administrative Assistant to the Board, announced the
receipt of two resignations necessitating the appointment of two mem-
bers to the Lely Golf Estates Beautificatton Advisory Committee. She
confirmed three resumes have been received, but Victoria A. Tracy
later withdrew hers.
C~eatuloner $hanahan ~r~ed, seconded by Couisstoner Saundez~ and
,... C~-Ttetm~ntsousl¥, to appoint Robert C. Cole and Mary Buschel~an to
the ~1¥~1! lmtates l~autiftcatton Advisory Comettree. thereby
a~optiN !~solutton 91-819.
Page 53
G,=orge R. Droblnskt, County Probation Director, explained this
program has been administered since FY 1989/90, the purpose being to
need for continued group accident insurance, and recognize and set the
cover Defendants who have been sanctioned community service and are
provided Insurance, at their cost, while performing work hours. He
related the request is for $2.00 for the 50 hour placement. He stated
that revenues have not been an issue until this year. He requested
the Board of County Commissioners waive the bid process, recognize the
Increase at $2.00.
County Attorney Cuyler Interjected that, subsequent to this, there
will be a Court Order by the local Administrative Judge to set these
fees. He stated that both he and Finance Director Yonkoaky think that
an appropriate course.
Mr. Drobinski announced he had County Attorney Cuyler prepare
~an Administrative Order for the Chief Circuit Judge to sign, but it
cannot be submitted to the Judge until Finance can supply an account
number. which in turn cannot be done until the Board of County
Commissioners approves the need for insurance.
Co~miNtonsr Hasse moved, seconded by Commissioner Shanaban and
cazTt~unant~l¥, to approve in~r~ce coverage thr~gh the C~
~ti~ ~t~nt.
~~ ~ZO~ ~ ~ ~E ~LE CRE~K PUD ~C~ ~ ~STER
P~ ~ ~[~ D[~IION 0F !i ACRES 0F ~CT N (~~Y ~ K)
~R ~~ ~A~D ~ST OF S.R. 9~1 ~ SOU~ 0F U.8. 41 IN 5IC5.
.,~ 4~ T~IS~ R=6~ {C~ION TO AGENDA IT~ 19B2 - A~ED
This Item was discussed in conjunction with Item #12B2.
Legal notice having been published in the Naples Daily News on
November 28, 1991, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened to consider an Ordinance amending
Ordinance Number 91-102, The Collier County Land Development Code, in
160
Page 54
December 17, 199!
:)ill, he matter of Petition PUD 8§-8(4).
~: . Planner Mulhere explained that Petitioner has requested fezone of
two acres of Eagle Creek PUD to C-4 in support of open space require-
ments for the Eagle Creek Shopping Plaza located adjacent to the PUD
on th~ corner of S.R. 9§1 and U.S. 41. He explained that loss of the
2 across does not significantly affect the denott¥ of the Eagle Creek
Residential PUD. He relayed the recommendation of the CCPC (Collier
County Planning Commission) that the total number of units be reduced
by 4. He reported a typographical error contained in the Executive
Summary in that the total should go from 660 to 656 Instead of the §§6
He verified the error is also contained in the Ordinance and
will be corrected.
Commissioner Shanahah pointed out another typographical error in
that what is referred to as C.R. 951 should be corrected to S.R. 95~,
and Planner ~tulhere concurred.
In response to Commissioner Vo]pe, Planner Mu~here confirmed the
site plan presented reflects commercial development totalling 211,000
sq. ft.
Planner Mulhere reported approximately 25 telephone calls
requesting information regarding this petition. He stated there were
two telephone calls and three letters of objection. He reported the
CCPC (Collier County Planning Commission) unanimously recommended
approval of this Petition with one stipulation that the total number
of dwelling units be reduced to 656.
Alan Reynolds, representing the Petitioner, verified the revised
PSDP has the same square footage it had without the 2 acres. He
expressed concern about agreeing to a cap because it is not required
in any conventional zoning district.
In response to Commissioner Volpe, Mr. Reynolds stated he objects
in principle to this being tied to a cap of commercial square footage
as that le not otherwise a requirement of Collier County.
Commissioner Volpe remarked he wants to see a cap on the commer-
ctal sq. footage in the Immediate situation.
Page 55
December 17, 1991
Oms~i~lo~er H~se ~ov~d, seconded by Couissioner Shanahen and
carriedmmat~ousl¥, to close the public hearing.
Cos~ielioner Volpe ~ved, seconded by Co---tletoner Shanahen and
c~-Tted unanimously, to approve the fezone of 2.0 acres of land
currently p~rt of Eagle Creek PUD (co~panion Petition R-91-10) to
thereby m~opttng the Ordinance as numbered and titled belo~ and
~nterwd into Ordinance Book No. 50:
ORDINANCE 91-113
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY
LAND DEVELOPMENT CODE WELCH INCLUDES THE C0~REHENBIVE ZONING
REgKILATIOI~ FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA
BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 1603N; BY
CHAN~ING THE ZONING CLASSIFICATION OF THE ITEREIN DESCRIBED REAL
PHOPE~FY FROM "PUD" TO "PUD" PLANNED UNIT DEV~LO~ KNOWN AS
~AGLE CREEK COUNTRY CLUB PUD, FOR PROPERTY LOCATED ON THE WEST
SIDE OF C.R. 951, APPROXIMATELY 1000 FEET SOUTH OF U.S. 41, IN
· gCTIO~ 3 AND 4, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER
COUNTT, FLORIDA, CONSISTING OF 298--+ ACRES; AND BY PROVIDING AN
OItDINA~CE .1-114 RE PETITION R-91-10, ALA~ REYNOLDS OF WILSON, MILLER,
BARTON& I~EEE, INC., FOR EAGLE CREEK PROPERTIES, INC., R~QUBSTING
REZOI~ F1qOI, I POD TO C-4 FOR -+2 ACRES TO BE UTILIZED FOR OPeN SPACE FOR
PROPERTT LOCATED WEST OF S.R. 951 AND SOUTH OF U.S. 41 IN SECS. 3
AND 4~ T51S, R26E (COMPANION TO AGENDA ITEM 12B2 - ADOPTED
This item was discussed in conjunction with Item #12B1.
Legal notice having been published in the Naples Daily News on
November 28, 1991, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened to consider an Ordinance amending
Ordinance Number 91-102, The Collier County Land Development Code, In
the matter of Petition R-g1-10.
Conditioner Hesse ~oved, seconded b~ Commissioner Shanahah and
c~rri~du~mimou~l¥, to close the public hearing.
C~i~loe~r Volpe moved, seconded by Co~mlsstoner R~ee and
carrted~an/~ously, to approve Petition R-91-10, subject to sttlmla-
tton~prope~s~ by staff ~d the CC~ (Collier C.~ty Plmtn~
~~i~), ~ with the additional stl~latlon regarding ~
~t ~ t~ Ntittoner that comrclal ~are f~ta~ will
ca~ at 220,0~, there~ adopting the Ordtn~ce as ~red ~d
titled bele~ ~d entered Into Ordinance Book No. 50:
Pa9~ 56
Decembe~ 17~ I99!
OI~DINA~OE 91-114
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIKR COUNTY
LAND DEVELOPMENT CODK WHICH KSTABLISHED THE COMPItKHKNSIVK ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA
B~ AMENDING TH~ OFFICI&L ZONING ATLAS MAP NUMBER 1603N BY CHANGIRG
TN~ ZO~IN~ CLASSIFICATION OF THE HEREIN DESCRIBKD PROPERTY LOCATED
ON TH~ NEST SIDE OF C.R. 951, APPROXIMATELY 1000 F~T SOUTH OF
U.S. 41, IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA, FROM PUD TO C-4 FOR OPEN SPACE CONSISTING OF 2.0
ACR~; FROVIDING FOR STAFF AND PLANNING C0~ISSION STIPULATIONS;
AND B~ PI~OVIDING AN EFFECTIVE DATE.
Ztea#12C2
BAR 91-36 TBItOUGN 91-46 APPROVING AMENDMENTS TO FY 1990-91 ADOPTED
BUD(~ AND BAR 92-2 TH~t0UGH 92-8 APPROVING AME~N~T$ TO FY 1991-92
Legal notice having been published in the Naples Daily News on
December ll, ~991, as evidenced by Affidavit of Pub//cation filed with
the Clerk, public hearing was opened to consider amendment of Collier
County's Fiscal Year 1990-91 Adopted Budget and Fiscal Year 1991-92
Adopted Budget.
Finance Director Yonkosk¥ explained that, of the eleven budget
amendments relative to FY 1990-91, one has not previously been
discussed by the Board of County Commissioners and is for a $500
contribution from the Golden Gate Kiwanis Club for painting the
Community Center. He reported there are seven budget amendments rela-
tive to FY 1991-92. Referring to page 40 of the agenda package, he
pointed out this is a new concept in the hope of elimination of future
presentations by staff requesting reappropriation of funds dealing
with encumbered Purchase Orders. He revealed that staff has analyzed
the Purchase Orders at year end and rolled them forward automatically
.';: in the system, allowing all to be done at one time as opposed to
i.'/.. individually.
CoumtNioner Hames moved, seconded by Centsstoner .Saunders and
carrledunentmoumly, to close the public hearing.
CommAstoner Haame moved, seconded by CoBBiestoner Shanahah and
carrted un~nl~m~ly, to adopt BAR 91-36 through BAR 91-46 approving
Amend~te to FY 1990-91 Adopted Budget.
Hume moved, seconded by Centsstoner Shanahen and
.,0
PaVe 67
December 17, 1991
mmmai~nmly, to adopt ~ 92-2 t~gh ~ 92-? I~r~tng
1991-92 Adopted
Page 58
December 17, 1991
1~O~ ga--820 S~'Tf'rNa F~H ~ TO USE ~I~ ~OD OF
Legal notice having been published tn the Naples Dally News on
November 22, 1991, November 29, 1991, December 6, 1991, and December
13, 1991, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened to consider adoption of a Resolution
setting forth its intent to use the Uniform Method of Collecting
Special Assessments for roadside improvements within Euclid and
Lakeland Avenues roadside improvements Hun/c/pal Service Benefit Unit.
Transportation Services Administrator Archibald announced this
item is to consider a Resolution Involving the Euclid and Lakeland
Avenues Storm Drainage Project, the purpose of which Js to allow the
uniform method of collecting special assessments tn accordance with
Florida Statute 197.$632. He confirmed this Resolution will allow the
non ad valorem assessments to be placed on the 1992 tax bills.
Commissioner Volpe reported receipt of telephone calls from resi-
dents of the Turnbury Subdivision indicating they would like the
opportunity to address the amount of their assessment as well as
questions regarding the acreage to the north.
Mr. Archibald stated the assessment district was created based on
a total of 1,027 units at an assessment cost of $740.20, adding that
it is anticipated the cost will be reduced as the project proceeds.
Jack Pointer, representing Willoughby Acres, affirmed support for
the measure before the Board of County Commissioners regarding this
item.
~iuloner Sb~n~h~n ~oved, seconded by Conilltoner HIIll ~nd
c~zTled vmant~ou~ly, to clome the public hearing.
Ccm~iemioner Sh~nahan ~oved, seconded by Commissioner Names and
carriedunmni~ou~ly, to u~e the Unifozm Method of Collecting Speciml
~e~ente u provided in Section 197,3632, Tlorldm Statutes, for the
Euclid Imd L~kolmnd Avenue8 Roadside IlproveJlntm Municipal Service
Benefit Unit, thereby adopting Reeolution 91-920,
Page 59
December 17, 1991
SETTING FORTH INTENT TO USK UNIFORM MET~0D OF
HFECIAL ASSESSMENT FOR COLLECTION OF NON-AD VA~0REM
&$$E~M~NT~ FOR RIGHT-OF-MAY M&INTENANCE, WATER MANAGEMENT 0PHRATIONS
MAINT~]IANCE &ND DKBT SKRVICE ON OUTST&NDING WATER MANAGEMENT BONDS FOR
P~LICAN BAY SKlqVICKS DIVISION
Legal notice having been published in the Naples Daily News on
November 22, 1991; November 29, 1991; December 6, 1991; and December
~*'<~'~ 13 1991, as evidenced by Affidavit of Publication filed with the
* Clerk, public hearing was opened to consider adoption of a Resolution
.~.,,~ setting forth its intent to use the Uniform Method of Collecting
,,.~,?. operations maintenance and debt service on out~tanding Water Manage-
ment Bonds for Pelican Bay Services Division.
James Ward, Division Administrator, confirmed this Item
:c* establishes the procedure to be utilized in Pelican Bay for the
,*.,
~', levying and collection of non-ad valorem taxes for next year.
In response to Commissioner Volpe, Mr. Ward stated the Intent
to allow the taxes to go out on the tax bills for next year and the
procedure ~n question will permit putting that mechanism in place.
Cc~t~/oner Saunders moved, seconded b~ Co---tsstoner Shanaban and
carrle~ unanimously, to close the public hearing.
C~t~i~ner Saunders ~oved, seconded by Contsoloner Shanahah and
carr/edu~nA~usl¥, to approve the untfor~ method of collecting the
for collection of non-advalorem assessments for
rt~ht-~f-~e~F ~tntenance, water ~nage~ent operatton~ and ~tntenance
~d delft ~ervtce ~n outstanding water ~u~age~ent bonds for the Pelican
Division, thereby adopting Resolution 91-821.
Page 60
December 17, 1991
R.~O~ ~91-'~22 AND ~ 91-]' P.~ UNZFORM METHOD 0P' O0r. r.~0TZB'G NON'-AD
.'~ ....VILT~O~ ~ ~OR DTSTRZCT I IX)CiTED ~THZN ~AST AITD 80UTR
Legal notice having been published in the Naples Daily News on
November 22, 1991; November 29, 1991; December 6, 1991; and December
13, lg91, as evidenced by Affidavit of Publication flied with the
Clerk, public hearing was opened to consider adoption of a Resolution
.setting forth its intent to use the Uniform Method of Collecting
Special Assessments for District 1 located within the East and South
' Naples Sanitary Sewer Project.
This item was discussed in conjunction with Items #12C8, #12C9,
!!J#12ClO and #l~Cll.
Utilities Finance Director Cook pointed out the Resolution rele-
vant to all five districts contains a typographical error in that it
should reflect nineteen (lg} equal annual Installments instead of the
twenty (20) presently contained therein.
C~ssdsst~aer 8h~n~h~a ~ov~d, seconded by toutsstoner
c~rrl~d~m~nt~u~ly, to close the public hearing.
Co~tNion~r Sh~n~h~n ~oved, seconded by Co~taetoner HNee ~nd
ctrri~ =t~o~sl¥, to approv~ the Ontfo~ N. thod of Collecting Non-
:'.,. ~d ~m ~te for District 1 wtthtn the ~ast ~nd $ovth Naples
':!,/'.'. SmnttL~F Sewe~ Project, thereby adopting Resolution 91-822 and CMS
Page 61
Legal notice having been published in the Naples Daily News on
November 22, leg1; November 29, 1991; December 6, 1991; and December
13, 1991, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened to consider adoption of a Resolution
setting forth its intent to use the Uniform Method of Collecting
Special Assessments for District 2 located within the East and South
aple. S itary sewer 'roJect.
This item was discussed in conjunction with Items #12C?, #12C9,
· 12C10, ~d ~12Cll.
carrled~mantmou~l¥, to close the public hearing.
Commtulonmr Hume moved, aeconded by Commissioner Shanahan and
c~rrtedmnanimousl¥, to mpprovs ths Uniform N,ithod of Coilacting Non-
for District 2 within the East and South Naples
Sanitary ~e~er Project, thereby adopting Resolution 91-823 and C1~
91-8.
Page 62
December 17, 199!
]t:~OE.UTIOI 91-~24 AID CWS 91-9 RE UNIFORM METHOD OF COLLECTING NON-AD
VALO!~M ~ FOR DISTRICT 3 LOCATED ~J:TRIN ~ ~ AND SOUTH
RAPT,,]]~ I,&l*I.. TART ~ PRO3'~CT - ADOPTED NI.TH CHAR. OE
Legal notice having been published in the Naples Daily News on
November 22, 1991; November 29, 1991; December 6, 1991; and December
13, 1991, as evidenced by Affidavit of Publication filed with the
. Clerk, public hearing was opened to consider adoption of a Resolution
'setting forth its intent to use the Uniform Method of Collecting
Special Assessments for District 3 located within the East and South
Naples Sanitary Sewer Project.
This item was discussed in conjunction with Items #12C?, #12C8,
#12C10 and
~mmd~to~er Eme moved, seconded by Col~tsmione= Sh~nahan and
carrted~nl~ly, to a~r~ the ~tfo~Nethod of Collecting
.. ~ ~d v~/oz~ ~~ta for District 3 within the Eut and South Naples
'~ ~mntt~-F ~mmrr P~o~ect, thereby ad~ttng Re~olutton 91-824 ~d ~
Page 63
December l?, 199!
Ztm ~1~C10
~SOMITZ0~ 91-,a28 A~D CWS 91-10 ~ ~Z~ ~OD OZ ~LL~Z~ ~OW-~
V~ ~ ~R DIS~I~ 4 L~A~D NI~IN ~ ~ ~
Legal not/cs having been published in the Naples Dally News on
November 22, 1991; November 29, 1991; December 6, 1991; and December
13, 1991, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened to consider adoption of a Resolution
setting forth its intent to use the Uniform Method for Collecting
;:~;* '. Special Assessments for District 4 located w/thin the East and South
Naples Sanitary Sewer Project.
This item was discussed in conjunction with Items #12C7, #12C8,
#12C9 and #12C11.
Conditioner Shanahah ~oved, seconded by Com~iasionsr Huee ~nd
carr/ed~n~ntmou~l¥, to a~r~ the Unifo~ Nethod of Collecting Non-
· d ValorssAss~ss~ents for District 4 within the Zest ~nd South Naples
S~nit~t~F ~r P~oJect, thereby adopting Resolution 91-825 ~nd Ct~J
91-10.
Page 64
December l?, 1991
PJ~OL~ON 91-~6 ~nd CN~ 91-11Rg UNIFORM MIITHOD 0F CO~Z~ ~N-~
Legal notice having been published In the Naples Dally News on
November 22, 1991; November 29, 1991; December 6, 1991; and December
13, ~991, as evidenced by Affidavit of ~lbltcation filed with the
Clerk, public hearin9 was opened to consider adoption of a Resolution
setting forth its intent to use the Uniform Method for Collectin~
Special Assessments for Dlstr~ct 5 located within the East and South
Naples S~itary Sewer Project.
~t~ ~t~ly, to appr~ the ~tfo~ Method of Collecting Non-
~ V~om ~ts for Dtstrtct 5 ~lthtn the lut ~d S~th
Santta~F~r Project, thereby adopting Resolution 91-826 ~nd
91-11..
Page 65
"~OA~D ~F ~ ~SSXO~RS' C~!C&TIOMS
December 17, i991
Commissioner Saunders requested County Attorney Cuyler's opinion
regarding whether or not it is a violation of the County Manager's
Ordinance for a County Commissioner to ask a Department Head or staff
person to place an item on the agenda. l~e announced he will review
the facts with County Attorney Cuyler tomorrow.
Commissioner Volpe announced receipt of a hand-delivered copy of
· the memorandum from Mr. Griffin to Mr. Reardon regarding EMS Overtime
.~part-time hours analysis.
:'" In response to Commissioner Volpe, Tom 011iff, Assistant to the
County Manager, announced his office should be in receipt of a drafted
/~!'~Y ' 'report regarding the EMS situation tomorrow morning and, perhaps, have
a report ready for distribution by the end of the week.
It was the consensus of the Board of County Commissioners to place
the matter on the Commission Agenda for January ?th for discussion.
Co~issioner Goodnight acknowledged this is her last formal
meeting as Chair. She stated she will tender written suggestions
regarding possible division of Board responsibilities between now and
J~uary 7th.
~t ~ ~ a~r~ ~d/or adored:
lte~ #1~A1
~t~OLUTION 91-810, AUTHORIZING PRELIMINARY ACCEPTANCE OF ROADWAY AND
DRAINAa IMPROVEMENTS IN GLEND~VON R~PLAT AT WYNDEMERE AND ACCEPTING
IRREVOCABLE LFTTE~ OF C~DIT FROM TH~ DEVELOPER FOR MAINT~NANC~ OF
1~ FOR A MINIMUM OF ONE YEA~ - WITH STIPULATIONS
1. Accept the Irrevocable Letter of Credit (posted with the
Clerk) as security for maintenance of the infrastructure
until the Board of County Commissioners grants final accep-
tance of all improvements.
See Page:
~i,: &CC~PTA~'~ OF ~R FACXLITIgS FOR
The Florida Department of Environmental Regulation furnishes
a letter authorizing the sewer system to be placed in ser-
vice.
Page 66
December 17, 1991
~! OR Book 1691 Pages 23 - 35
'! "" R~OLUTION 91-811, AUTHORIZI~ PRELIMINARY ACCEPTANC~ 0F RO~AY, .
~~ OF ~~ ~R A NINI~ OF O~ ~AR - WI~ STI~TIONS
Accept the Construction, Maintenance and Escrow Agreement
(posted with the Clerk) as security for maintenance of the
~nfrastructure until the Board of County Commissioners grants
f~nal acceptance of all ~mprovemen~s.
Preliminary acceptance of Improvements will not become effec-
tive until water and sewer facilities have been conveyed to
Collier County Water-Sewer District.
See Page
~C~~ OF ~tT~t FACILITIES FOR SHADO%IMOOD PARK - N~TH ST!I~ILATIONS
1. Bacteriological testing has met the County's requirements.
2. The Fire Flow requirements of the project have been
satisfied, and the Fire District furnishes a letter accepting
the fire hydrant for ownership and maintenance.
3. Receipt of payment of water usage from Utilities for bac-
teriological testing.
4. No further Certificates of Occupancy be issued for project
until such time as Shadowwood Park R(~plat is recorded.
OR Book 1693 Pages 992 - 1003
P~K~OLOTIOJJ 91-812, GRANTING FINAL ACCEPTANCE OF THE ROADMAY, DRAINAGE,
MATERA liD ~ IMPR~ FOR 'TIFE CROSSINGSm AND RELEASE OF
It~16A6
&C~AII~ OF $~ FACILITIES FOR I~ST ~R0~ POI]TI~, ~ ~ ~ P~T
F (A/~/A ~~ VILAS CO~IXI~] - ~ ~l~TION
That the Board of County Commiss~onere accept as surety the
Irrevocable Standby Letter of Credit No. 91-705 ~n the amount
of $~2.0o.
~DA D~~ OF ~~ATION (~ION ~ OF CO~
~16B2
~ ~ ACCK~CK OF COerCE ~R RI~-OF-MAY
A~ISITION ~~ TO ~ DKSI~ OF tie ~0~ NO. 022 (~SION
'~ Page 67
000
December 17, 199!
T-H~II~R ~ BETWEEN COLLZER COUNTY, A POLITZCAL ~UBDIVZSZON OF
TH~ ~T&T~ OF FLO!tlDA, AND ;OHN APTE, FOR THE UTILIZATION OF T-HANGER
See Pages
~ ~ BETWEEN COLLIER C0UNT~ AND TH~ $TAT~e OF FLORIDA
DEP~ OF CORRECTIONS FOR USE OF INMATES FROM HENDRT COR~tECTIONAL
INSTXTUTION FOR PUBLIC ~RKS PROJECTS
See Pages a~" c~7
STATU~ REPORT ON THE LAND DEVELOPI~NT AND PLANNING OF T1XE I)~OKALEE
AIRPORT PltOJ~CT INCLUDING RECOTD~DATION FOR COWPENSATION FOR THE
CONSULTING ENGINEERING SERVICES RENDERED BY DELTA ASSOCIATES
Itel #I~Cl
CONTRACT FOR CONTINUATION GRANT UNDER OLDER AMERICANS ACT FOR PERIOD
~/1/92 T~XOOGN 12/Sl/92 ............
Item ,1~C2
~ lid l~tOC~S #AIVED; AUTI~ORIZATION FOR SOLE SOURCE PURCHASE FOR
~ JkOC~XSITXON OF T~O ITEM~ OF EQUIPMENT FOR ~ NEW LIBRARY
JUE~JlI~IT TO CO~I~IJI/T~ CARE FOR TH~ ELDERLY CONTRACT R~ VENDOR
~ ~ [~EXBIT~D SPENDING OF GRANT FU~.~DS FOR LOBBYING
Item#16E1
See Pages
(u,c r, JurD nU]Ft qOn~'TIONNAI~.! ~ICE sun sE FJtILED TO ]t~$IDE]g/I
~ e~T~ E~T&T~S R~ REC~ATIONS FOR ~XPENDITURE OF FUNDS
~.C UUm TmmT
R!30LOTIOII 91-813, AUTHORIZING CHAIRMAN TO ~XI~CUTK TNO STATUTORY DKEDS
TO TI~ SCOTT~.DAL~. Co.f A F~.ORIDA cOR..PORATTON
See pages
BID 1~91--1e07 FOR ~IRFLUS RADIO EQOIP~E]IT SA~S - ANARDED TO SCHAFER
DX~R~E~IT OF PUND~ FOR FIRST QOJLRTER PAYMENTS RENDERED TO DISTRICT
Page 68
' :***i' December 17, 1991
;'~ Itet #1601
f"* '/B~3DG~T ~ FOR VICTORIA PARK DRAINAGE MSTU FUND 114 - IN THE
.i:~,*,.. · ~ ~ FOR RANKSRIDGE PUMPING STATION ~ ~ 154 - IN
A~~. ~ ~I~IM FIN~CI~/N~T~~ 0F ~ ~ ~ATION
See Pages
Item
CURRENT ANNUAL CONTRACT N/TH JOHNSON ~NGIN~RING INC.
~gl~rlCES ASSOCIATED NITH PREPARATION OF C0~TRT~-NIDE
See Pages
Item
R~OLUT/OM 91-814, ~HTTING JANUANT 28, 1992, AT 9:00 A.N. FON PUBLIC
RP~LRIII~ P~RTAINING TO TH~ NAPLES PRODUCTION PARK IMPR~
A~ DISTRICT
Item #16H2
SO~ ~ ORDER FOR FLORIDA ~ AND LIGHT TO INSTALL UNDERGROUND
ELECTRICAL SERVICE LINE TO TH~ BATH HOUSE AT BAREFOOT BRACH PRESERVE -
Ztem~16H3
CONT~IkCT ~ BID NO. 91-1800, MITIGATION FOR CLAM PASS PARK - ANARDKD
TO NJkl~riL~ ~]IVIROID~E~TAL S~RVICKS, INC. IN AN ANT. NOT TO ~XC~ED
Xte~m ~16H~ - 16H8 - Deleted
RI~OLIITIO)I 91-81~, R~ BldtBlilT EAS~I~IT FOR INSTALLATION OF ~LECTRICAL
~~ LIIIH ~ L~ COUNT~ ~LKCTRIC COOPERATIVE, INC. FOR THE
DmO~i~Z. COm~...TY cgFnm. (I~p.~XL.~.E c .o~...ITy P~-
Item ~16118
I~B~OL~I~ON~ 91-818/91-816A, AGREEMENT MITH TH~ CITY OF NAPLES TO
SUPPLYMATER TO CLAM PASS PARK AND ASSURANCE TO DEP~ OF NATITRAL
RH~~ THAT THg UTILITY KASEM~NTNILL BE PROPERLY MAINTAINeD
I~em ~16H9
CONTIt&CT WITN GEE AND JENSON, ~NOIN~ERB-ARCHITECTS-PLANNERS, INC.
mun ssIo AL sg v ,cHs .Fo com Tw p0 T LA ,C
FOR
Page 69
See Pages
December 17, 1991
TANGIBLE PERSONAL PROPKRTY
Nots. 47/50 Dated 12/6/91 and 12/13/91
~' .. 1991
No's. 90/92
~', "' No's. 94/102
; ' ~ ~W T.IMK ~R Z~TK NOES. 47883 A~ 71114
Dated 12/3/91 and 12/9/91
Dated 12/9/91 - 12/16/91
· ATI~FACTION OF LI~N FOR $ERVICKS OF TH~ PUBLIC DKFENDER
See Pages
w sc ,r,&Wm s COJUtXSPO D Ce - FXLED JU ./Oa R ..EmU D
There being no objection, the Chair directed that the following
miscellaneous correspondence be filed and/or referred to the various
departments as indicated below:
Memo dated 11/20/91 to All Small Cities Community Development
Block Grant Eligible Communities from Lewis O. Burnside, Jr.,
Director, Division of Housing and Community Development,
Department of Community Affairs, re Use of Community
Development Block Grant Funds for Historic Preservation. xc:
Nail Dotrill, Bill Lorenz and filed.
2o
3e
Letter dated 12/2/9! to Chairman Goodnight from Robert
Penhock, Chief, Bureau of Local Planning, Department of
Community Affairs, re public hearing to adopt the proposed
Comprehensive Plan Amendment. xc: Bill Lorenz, Nail Dotrill
and filed.
Letter dated 11/26/91 to Chairperson from Trudte D. Bell,
Environmental Supervisor, Wetland Resource Reg~latton,
Department of Environmental Regulation, re File 112051909,
Yacht Club of Marco Corporation. xc: Nell Dotrill, Frank
Brutt, Harry Huber and filed.
Letter dated 11/27/91 to Chairman from Jon M. Iglehart,
Environmental Specialist, Department of Environmental
Re~ulation, re File 112052235. xc: Nail Dotrill, Frank
Brutt, Harry Huber and filed.
Letter dated 11/27/91 to Chairman from Jon M. Iglehart,
Environmental Specialist, Department of Environmental
Re~ulation, re File 11205221§. xc: Nail Dotrill, Frank
Brutt, Harry Huber and filed.
Index to Laws of Florida Special and Local Laws 1971-1991,
received from Joint Legislative Management Committee,
Division of Statutory Revision. Filed.
000 225 Page
December 17, 1991
7e
Letter dated 12/2/91 to Commissioner Goodnight from Time
Ireland, Representative, District 74, Florida House of
Representatives, re Local Initiatives Support Corporation.
xc: Nail Dotrill, Russel/ Shreeve and filed.
Department of Community Affairs, Petitioner, and Mathias L.
Tari, and Donald Segreto, Intervenors, va. Collier County,
Donald Segreto's Notice of Filing Appendix to Petition to
Intervene. xc: Frank Brutt, Bill Lorenz, Ken Cu¥1er
(original and attachments) and filed.
9e
Certification of Costs, State of Florida v. Brent L. Bryner,
Case #91-1729-TM-CAE. Filed.
10. Minutes Received and F/led:
A. Library Advisory Board agenda and report of 10/21/91.
Golden Gate Fire Control & Rescue District agenda of
12/11/91.
Ce
Marco Island Beautification Advisory Committee agenda
for 12/4/91.
11.
Notice to Owner dated 11/25/91 from William D. Meeker
Jr./NACM Services Corp., advising that they have furnished
services and/or materials for the "East Golden Gate Wellfield
Expansion" under an order given by Rocket Industries. xc:
Steve Camell, John Yonkosky and filed.
12.
Memo dated 11/27/91 to Clerk of the Circuit Court, from Don
Hunter, Collier County Sheriff, re Fiscal Year End Reports.
Filed.
13.
Letter dated 12/5/91 to Commissioner Goodnight from Robert L.
Patton, Controller, Tax Collector's Office, re distribution
of Current Ad Valorem Tax to the BCC after Tax Co]lector's
commissions. xc: Budget and filed.
There being no further business for the Good of the County, the
meeting ,was adjourned by Order of the Chalr -
Time: 7:25 P.M.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS
CONTROL
PATRICIA ANNE GOODNIGHT,
)roved by the Board on
'/~'""'"~ or as corrected
0oo P,G .226
Page 71