BCC Minutes 05/14/1991 R Naples, Florid.a, May 14, 1991
~'!!;?;!'~' LET IT BE REMEMBERED, that the Board of County Co:atssloners 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
iii.: 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
members present:
PRESENT:
CHAIRMAN:
VICE-CHAIRMAN:
Patricia Anne Goodnight
Michael J. Volpe
Richard $. Shanahan
Max A. HaLsse, Jr.
Burr L. $.aunders
James C. Giles, Clerk; John Yonkosky, Finance
Director; Annette CuevAn, Wanda Arrtght and Ellie Hoffman, Deputy
Clerks; Nell Dotrill, County Manager; Ron McLemore, Assistant County
Ier; Ken Cuyler, County Attorney; Dave Wetgel, Assistant County
Ley; Frank Brutt, Community Development Services Administrator;
William Lorenz, Environmental Services Administrator; Bob Fahey, Solid
Director; Dave Russell Solid Waste Superintendent; Bob Mulhere,
'arl Milk, Eric Young and Wayne Arnold, Planners; Sue FIlson,
Admthtstratlve Assistant to the Board; and Deputy Byron Tomltnson,
Office.
.% ,.. :, .
Page I
May 14, 1991
APPROVED WITH CHANGZS
Shanahen moved, aeconded by Co~laetoner H~u~ae and
that the agenda be approved with the following
Item #gH! - Discussion regarding baseball update - Added.
(Requested by County Manager.] To be heard at end of
meeting.
Item #12A - Discussion to reconsider the April Circle
Affordable Housing project - Added. (Requested by
Commissioner Hasse.) Continued to 5/21/91.
Item #5C - Resolution recognizing George Keller for voluntary
service to the government of Collier County - Continued to
5/21/91. (Requested by Commissioner Hesse.)
Item #13A - That the Board of County Commissioners consider
and approve the outlined plan for the provision of increased
service level of law enforcement within Pelican Bay -
Continued to 5/21/91. (Requested by the Sheriff's Office.}
Items #6C4 and #6C5 - Ordinances creating the Hispanic
Affairs Advisory Board and the Black Affairs Advisory Board,
respectively - To be heard at 11:00 A.M.
Item #12B - Discussion regarding Mexican trade agreement -
Added. (Requested by Commissioner Saunders.)
County Attorney Cuyler advised with regard to No. 2 above, that
reconstderatton of the April Circle Affordable Housing project can
~i:[~,';take place only upon a vote of the Boai'd of County Commissioners on
whether or not to reconsider, which will take place on 5/21/91. He
said actual reconstderatlon of the lte~.~ will be heard two weeks from
that date, if approved by the vote.
CONS~ ~END& - APPROVED AND/OR ~ID
~ ~tl~ for a~r~al of the Co~ent Agen~ is noted ~der Ite~
~otlon for approval of the Ol~k'e R, eport ts ~,oted under Itea
OF TH~ R~;LAR AND SPECIAL M~J~TINGS OF MARCH 19, 1991, ~ Tltg
ME~TING OF MARC~.26,...1991 - ~.rPROV~D AS PRESE~ED
Page 2
Ce~a~a~on~r Shanahen ~oved, sacorldsd by Co-~tssioner Hesse and
~g ~tnely, t~t the Hinutes of the Relier zmd S~cial
.. ~ ~ 19, ~991, ~d the Re~lar Nearing of ~rch 26 1991,
~I~T~ ~ SK~ ~:~ 0F ~Y, 1991, ~ ~SPKCT ~R
Upon reading and presenting the proclamation to Bud Wilhelm of the
Sunset Optimist Club, Con~ss~oner Saunders moved, seconded by
~"~m$~ Hmsse and carrted unaniaousl¥, to ~opt the proclam~tion
dest~t~n~ ~ second week of Way, 1991, u Respect for Law Week.
09
~ag'~ 3
May 14, 1991
~..OT~ $~VXCE AI~ARDS - PRESENTED
Commissioner Shanahen congratulated the following Collier County
;)Icyess and presented their servtc,e awards:
Glen A. Lange, Aquatic Plant 10 years
Edward S. Perico, Comm. Dev./Comp. Serv. 5 years
~~I0~ ~ P~ ~OR NAPLES GA~AY -
Legal notice having been published in the Naples Daily News on
April.28, 1991, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened to consider Petition SMP-89-30,
flied by Richard J. Aaron representing Vanguard Ventures, Inc.,
requesting extension of Subdivision Master Plan for Naples Gateway.
'!';""Frank Brutt, Community Development Services Administrator, pre-
sented Petition SMP-89-30, explaining the applicant Is reque~{tln9
extension for one year due to financial difficulties. He concluded
~recommands approval.
"':'~ommiamtoner Ruse moved, seconded by Commissioner Shmuahan and
cax'ried unantml¥, to close the public hearing.
Com~immicrner Ruse moved, seconded by Commissioner Shanahen and
c~l~d~m~nlmously, to appro~ Petition ~NP-89-30, thereby adopting
9X--3~6.
Page 4
May 14, 1991
FKTXTXON ~M1~-90-38, J~FF PURSE OF EVERS AND PURSE, INC., REPRESENTING
IY~V-T~'~ CORFOI~IkTION, RKQU~STING SUBDIVISION MASTKR PLAN APPROVAL FOR
'!~IP~R__~ $qUAR~'m CONSISTING OF 12.36 ACRES - CONTINUED TO 5/28/91
Legal notice having been published in the Naples Daily News on
April 28, 1991, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened to consider Petition SMP-90-38,
..filed by Jeff Purse of Evers and Purse, Inc., representing Dev-Tech
'/Corporation, requesting Subdivision Master Plan approval for "Imperial
"/i Square".
Planner Milk presented Petition 5MP-90-38, "Imperial Square"
Subdivision, located at the northeast intersection of U.S. 41 and
:'Imperial Golf Course Boulevard. He said the petitioner is proposing
,,....to subdivide the 12.36 acre, C-3 zoned parcel into three lots. He
i~/.~oted the southeast portion of the site, Lot #1, is currently deve-
)e~ into an office/retail shopping center. He informed that
surrounding land uses include right-of-way for U.S. 41 to the west,
Imperial Golf Course Boulevard to the south, Imperlal West PUD to the
i ea~t-'and Royal Cove Mobile Home Subdivision to the north adjacent to
ped C-2 tract. He advised that on April 18, 1991, the CCPC
recommended conditional approval of the petition by unanimous vote.
He concluded Staff recommends that the Board approv,-~ Petition
SMP-90-38, subject to the Petitioner's Agreement Sh,-~et.
Planner Milk proposed an amendment to No. 7 of 'the Agreement Sheet
to clarify the open space requirement to give the d,~veloper f]exlbi-
'llty:wlth what currently exists on the site. He su!~gested adding, "A
minimum of 30 percent of the area of the entire 12.:~6 acre parent
tract, prior to Its subdivision, shall be retained as open space in
.i accordance with the provision of Ordinance 89-42, except that said
required open space may be retained on any combination of the open
space reservation from the three recorded lots." He said this will
give the developer the flexibility of keepin~ the intent and integrity
~'f~ithe.'open space requirements.
answer to Commissioner Hasse, Planner Milk agreed that this
proposal will impact the entrance to Imperial1 Golf Hstates0 however,
Staff believes that the requirement for a sillhal li~{ht and limited
· ¢CesS,to the shopping center creates a bett.r controlled env.ironment
for traffic movement.
Commissioner Shanahah inquired if the concerns expressed by the
Imperial Golf Estates Homeowners Association have been satisfactorily
addressed? Planner Milk advised that approximately 90~ of the con-
cerns have been eliminated.
-. ~Jsff Purse, representing the petitioner, agreed with Staff's pro-
posed stipulations. He explained a concern of residents in the area
regarding the existing shopping center on Lo~ i because of it~ lack of
,lmxxdscapin~. He said Mr. Milk~s proposed addition to No. 7 of the
~'Jl Agreement Sheet will address that concern and will provide for the
full 30~ open space requirements on Lots 2 and 3.
Dwight Richardson, representing Imperial Golf Estates Homeowners
Association, commended Staff for their help in resolving the concerns
of residents in the area. He pointed out a remaining issue i:~ that
i.-~ the developer is allowed with the vested C-3 zoning, to develop pro-
.':~ Jects on the site which may not be compatibl~ with the neighborhood.
He requested that the applicant agree to what kind of uses he is
plm%nin~ and more particularly, what kind of uses he is willing to
~,foreclose from development.
Commissioner Volpe commented by allowing the developer to shift
, the 30~ open space requirements, Staff has a.llowed an increase in
,i'i~evelopment on a vested piece of property ovmr which the Board has no
Control.
Mr. Richardson stated a mistake was made when Imperial Plaza was
;.!approved with only 3~ open space. He indicated residents o~1'! want to
be assured that the developer will now be required to meet the full
burden of ~O~ open space over the 12.36 acres.
Commissioner Saunders advised that is being required. He asked if
t~eldeveloper's plan is acceptable to area r,~stdents7 Mr. Richardson
'.communicated he is able only to comment on the physical boundaries of
20
PaGe 6
May 14, 1991
property, because there Is no plan stating what will be developed.
Mr. Purse agreed with the impact this development will have on the
community. He indicated although the developer Is able to develop any
use allowed under C-3 zoning, It would be irresponsible to develop
something that would be incompatible to the area. He suggested the
add a stipulation that the Imperial Golf Estates Homeowners
be involved in the Site D,~velopment Plan process to elimf-
nate some of the u,~,es that are objectionable. He also proposed to ask
the developer what uses he does not want to develop in this tract.
Cem~issioner Saunders moved, seconded ~ Co~lsstoner Vol~ ~d
c~ri~ ~i~l~, t~t Petition S~-90-38 ~ continued to 5/28/91
to ~/10~ th~ petitioner and I~per~al Golf Estates Homeowners
A~m~ct&tion to ~t to discuss the limitation of uses on the parcel.
Ite~ -~1~6C6
O1~DI1~]~'~91-36 lk~INDING ORDINANCE 90-30, TIiE MANDATORY SOLID WASTE
:~lm~i~L~~ COLLECTION AND DISPOSAL ORDINANCE - ADOPTED AS
Legal notice heving been published In the Naples Daily News on
April 25, 1991, as evidenced by Affidavit of Publication flied with
the Clerk, public hearing was opened to consider an ordinance amending
Ordinance 90-30, the Mandatory Solid Waste Special Assessment
Collection and Disposal Ordinance.
David Russell, Solid Waste Department Superintendent, offered
Exhibit A, showing the service areas and their adjustments related to
barrier islands. He reviewed the provision for quarterly billing,
stating It provides for the option of either annual or quarterly
payments with additional fees to be paid by those opting for quarterly
payments. He noted clarification has been made for mobile homes, and
the lnconsIstencte~ with franchise agreements in the definition which
included subdivisions have also been cleared up.
?11JJohn ~eschl ,rated he has yet to receive a mandatory trash bill
from Collier County. Commissioner Volpe advised that Mr. Keschl will
receive a bill on June let.
~.,
Page 7
"'Mr. Keschl called attention to an article in the Naples Daily News
regarding private properties adjacent to commercial properties being
~i) able to work out an arrangement for their trash. He said if this is
allowed, it is no longer mandatory trash pick-up.
Mr. Russell clarified that the term used by the newspaper was pri-
vate properties adjacent to commercial properties. He advised the
' ordinance actually reads private properties surrounded by commercial
entities, which will affect a parcel within a large commercial tract.
He said this was added to the ordinance to address those kinds of ano-
-Commissioner Volpe mentioned the deferment of payments regarding
<>, affordable housing. He Inquired if a person qualifies on the basis of
for an affordable housing unit, he can get a defermerit of the
.:m~dator¥ solid waste collection fee? Mr. Russell indicated that is
t.[' correct, and the County would recover those funds if and when that
~(. parcel changes hands or that individual would no longer qualify for
. the exemption.
i!,~:[[::~Commiesioner Volpe asked if an analysis has been done to determine
whether this may become a significant reduction in collection? Mr.
Russell stated that to date, Staff ha~ received approximately 36
,' hardship requests, therefore, he does not believe this will be a
si~nificant number. He said an analysis has not been done, however,
". Lee County has only nine hardship deferments after hav:ing implemented
'~/ a very similar system.
:'!:,~i,~Commlssioner Shanaban mentioned most of the complaints he has
received are relative to homes which are for sale and ]nave been empty
for a considerable period of time. He said people feel persecuted for
~,havin~ to pay mandatory solid waste collection for a home that has not
J:),bee~'lived in for two or three years. He asked if that is considered
~: a hardship in the limited exemption? Mr. Russell said hardship is
determined on the basis of income and *:he ability to pay. He said a
~ ,s~m~lar point is raised by those residents who live in Collier County
y part of the year.
Pa!~e 8
~ay 14, 1991
In answer to Commissioner Volpe's question regarding the payment
deferral proposal, Mr. Russell explained that under BUD guide]tnes,
[~i.ownership of a home indicates some level of financial capability and
may be a disqualifying factor. He said Staff does not want to
disqualify people on fixed incomes who are looking for a hardship
simply because they own homes. He indicated his belief that the pro-
for quarterly payments will address a substantial amount of the
requests for hardship that have been received.
Commissioner Shanahah asked the Board to cons]der the $2 installa-
tion fee to be an interim fee until the actual costs are determined,
;bic&ule there may be different costs ~tssoclated with this progl,am not
:~i. yet'recognized.
Mr. Russell agreed, adding that af any time additional costs are
identified, Staff can return to the Board with ad3ustments. He asked
if interim language can be added to the ordinance?
Assistant County Attorney Weigel suggested that, in as much as
pro~ramming is required to provide a billing system on an annual
basis, this fee schedule will be in place for one year, sub3ect to
ihreviston in the next year's billing through the Tax Coilactor's
Offfce.
Charlotte Westman, representing the League of Women Voters of
;llfer County, indicated the support of her g~'oup for this ordinance
and recommended approval.
~lmtssloner Shan~h~n moved, seconded by Commissioner Hiss~ and
carried unan/mousl¥, to close the pub3tc hearing.
!:;"' "Assistant County Attorney Weigel ~entioned that one of the deftni-
riohal changes in the amendment refers to guest houses. He suggested
the substitution, in the last sentence in the derinit.ion of gu~st
house, of the word "or" to "unless". He explained the purpose of
.in~iuaion of this definition is to provide that residential unit
owners are not billed twice because they have a guest house which is
not used for commercial purposes on their property.
Assistant County Attorney Weigel next called attention to Section
Page 9
?~2, regarding the quarterly installment payment method as an option to
the annual billing payment. He informed it states that the Tax
*~ Collector shall provide the County with a list of al! delinquencies by
October of the service year, which gives the Tax Collector the ability
to provide a list of the annual delinquent payors as well as those in
the quarterly installment format who have missed payments. He asked
for Board direction to clarify that this ordinance and thereby° Staff,
may in fact go forward with enforcement against those residents or
unit owners who did not opt for quarterly payment and never made their
%'mnnuml.payment. He noted If thin suggestion is approved° the Board
~i~ ~ain'tains the option in the course of the service year to go after the
annual delinquent residentia~ unit owners at an ear~ler t~me.
C4mm/aa~one~ Shanahen moved, seconded by Couuise~oner Saunders and
¢a/T~ed ~mousl¥, to approve the ~mendmente to the Mandatory Solid
~e S~c~al Assessment Collection ~nd Disposal Ordinance, subject to
the c~e me req~aested above by Staff, and that th,~ Ordinance as
:~. n~ ~ t~t~ad below be adopted and entered into Ordinance Book
?.' ~o.
ORDINANCE 91-36
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 90-30, THE
MANDATORY SOLID WASTE SPECIAL ASSESSMENT COLLECTION AND DISPOSAL
ORDINANCE CREATING TWO (2) MUNICIPAL SERVICE BENEFIT UNITS IN THE
UNINCORPORATED AREA OF COLLIER COUNTY FOR THE PURPOSE OF PROVIDING
AND REGULATING SOLID WASTE COLLECTION AND DISPOSAL WITHIN THE
BENEFIT UNITS, BY AMENDING SECTION ONE: DEFINITIONS; AMENDING
SECTION TWO TO EXCLUDE CERTAIN BARRIER ISLANDS FROM THE BENEFIT
UNITS; AMENDING SECTION TWELVE TO PROVIDE FOR QU.~RTERLY
INSTALLMENT PAYMENTS, ADMINISTRATIVE PROCESSING FEE AND PENALTY
FEE AND DESCRIBING CONDITIONS OF 1991 AND SUBSEQUENT SERVICE YEAR
LIENS; AMENDING SUBSECTION B OF SECTION NINETEEN PROVIDING TIME
AND PLACEMENT REGULATION OF SOLID WASTE; REVISING SECTION TWENTY
£ELATING TO TERMINATION OF SERVICE BY CONTRACTOR; AMENDING SECTION
TWENTY-ONE PROVIDING FOR RESIDENTIAL EXEMPTION PERMITS; ADDING A
NEW SECTION TWENTY-TWO BY PROVIDING FOR FINANCIAL HARDSHIP
DEFERMENTS; PROVIDING FOR CONFLICT AND SEVERABILITY AND PROVIDING
AN EFFECTIVE DATE.
1%m~--e~sm~: 11:15 A.M. - Reconvened: 11:25 A.M. at which time
Deputy Clerk Fartie replaced Deputy Clerk Guevin
ORDIILMIC~ d~91-37 CREATING THE HISPANIC AFFAIRS ADVISORY BOARD -
ADOFT~D~f '.
Legal notice having been published in the Naples Daily News on
April 2§, 1991, as evidenced by Affidavit of Publication filed with the
Page 10
Clerk, public hearing was opened to consider an Ordinance creating the
'Hispanic Affairs Advisory Board.
'~-- · County Attorney Cuyler directed the Board of County
.Commissioners' attention to Section Seven of the proposed Ordinance
relating to the Functions, Powers and Duties of the Hispanic Affairs
A~zisory Board. He recommended approval of said Ordinance.
Victor A. Valdes (holding his granddaughter Jessica Valdes, born
in Collier County) expressed support for the creation of the Hispanic
Affairs Advisory Board.
Commissioner Saunders reported having met with the Executive
Director from the Hispanic Affairs Commission in Florida, who indi-
cared that the programs developed relating to this matter may very
well<become a model for other communities facing similar issues. He
stated that the success of Advisory Boards such as this will depend
entirely on the dedication and quality of those persons appointed to
serve on said Boards.
;~. '%Commissioner Goodnight expressed a desire to see this Advisory
.Board exempt from the overall Advisory Board Policy of prohibition of
a person serving on more than two Boards.
In answer to Commissioner Saunders, County Attorney Cuyler said
that he thought the Ordinance controlling Advisory Boards specifically
..,prohibits one from serving on more than two Boards at the same time.
Commissioner Saunders questioned the necessity to amend the
general Ordinance regarding Advisory Boards to exempt the Ordinance
creating the Hispanic Affairs Advisory Board and the Black Affairs
Advisory Board.
County Attorney Cuyler commented he would review the general
Ordinance and report back to the Board of County Commissioners.
~Oe~Ae~i~ne: Saunders moved, seconded by Co~mis,sioner Shanaban
am~d c~zTied nnani~a~ual¥, to close the public hearing.
Oc~Aeeloner Saunders ~oved0 seconded by Co=-i$sioner Shanahan
a~d'e~wied ~anl~ously, that the Ordinance as numbs,red and titled
belo~ be ~dopted and entered Into Ordinance Book No. 43:
ORDINANCE NO. 91-37
Page 11
14, 1991
JLN OKDZNANCE CREATING TH~ HISPANIC AFFAIRS ADVISORY BOARD;
PROVIDING FOR APPOINTMENT AND COMPOSITION; SETTING FORTH TBE TERMS
OP OFFZC~; PROVIDING FOR REMOVAl, PROH OFFICE, F~ILU~E TO ATTEND
MH~TINGS; PROVIDING FOR OFFICERS, QUOROM, RULES 0F PROCEDURE;
P~OVIDING FOR REIMBURSEMENT OF ~ENSES; SETTING FORTH THE
FU~JT~ONG, PO~EI~S AND DUTIES OF THE BOARD; SETTING FORTH THE
~ OF TH~ COUNTY MANAGER AND HIS DESIGNEE; ~ROVIDING FOR
KEFIE~ PROCESS; PROVIDING FOR COIKFLICT AND SEVERABILITY; AND
F/~V~DING AN EFFECTIVE D&TH.
41~2038
TH~ BLACK AFFAIRS ADVISORY BOARD - ADOPTED
Legal notice having been published in the Naples Daily News on
April 25, 1991, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened to consider an Ordinance creating
the Black Affairs Advisory Board.
~"*' ":' Thia item was discussed in conjunction with Item #6C4 above.
Saunders ~oved, aQconded by Co~tsstoner Shanahen
~u~*~ZTl~dun~ni~ousl¥, to close the ~blLc hearing.
Si~der~ ~d, euconded by Co~lsstoner S~~
~t~ly, that the Ordt~ce as n~bered ~d t/tied
~d entered into O~dt~ce Book No. 43:
O~IN~ 91-38
AN ORD~ CREATING THE BLACK AFFAIRS ADVISO~ BOARD: PROVIDING
FOR APPOINTMENT AND COMPOSITION; SETTING FORTH THE TERMS OF
OFFICE; PROVIDING FOR I~EMOVAL FROM OFFICE, FAILURE TO ATTEND
ME~I~L~G$; PROVIDING FOR OFFICER~, QUORUM, RULES OF PROCEDURE;
PROVIDING FOR REIMBURSEMENT OF KXPENSES; SETTING FORTH THE
FU]I~JTION~, POWERS AND DUTIES OF THE BOARD; SETTING FORTH THE
DOTIE$ OF TH~ COUNTY MANAGER AND HIS DESIGNEE; PROVIDING FOR
H~FI~ PROCESS; PROVIDING FOR CONFLICT A~ $EV~.RABILITY; AND
PROVIDING JkN EFFECTIVE DATE.
~mUT/ON ~91-~T? RELATING TO PETITION NUMBBR V-9]-4, LOIS NICHOLS,
~ & T' SIDE YARD SETBACK VARIANCE ON PROPerTY AT 67 WEST
,F~M~I~I~O DRIVE~ PLANTATION ISLAND MOBILE HO~S - AI~PTED AS ~ENDED
Legal notice having been published in the Naples Daily News on
April 7, 1991, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened to consider Petition v-g1-&, filed by
Lots Nichols, requesting a 7' side yard setback variance.
· ', *': ~Planner Eric Young summarized the issues relating to said
Petition involving property located at 67 West Flamingo Drive, in the
unrecorded plat of Plantation Island Mobile Home S:[tes. He presented
"' / OO0~,G[ ~ Page 12
May 14, 1991
photographs submitted by the attorney for the neighbor of Mrs. Nichols
at the prior Collier County Planning Commission meeting, said pho-
tographs on file with the Clerk to 'the Board office. He related that
the request for this variance is coming many years after-the-fact of
encroachment, and that the addition to the mobile home encroaches
approximately 4' Into the required side yard and the walkway
~;~':': encroaches an additional 3' into the required setback.
?'" 'Commissioner Hasse suggested tile pictures were taken at different
times as there Is a railing in one photograph but not tn the other.
Planner Young explained that the ortgtnal encroachment was
approximately 3" into the netghbor'~ yard. He reported the Petitioner
cut the railing off upon discovery of that fact 'so that the walkway is
:' now 6" inside the property line. H~ added that the Petitioner
-: purchased the subject property In November of 1990, at which ttme she
was aware of an encroachment and that the structure was located within
the required side yard but unaware that the addition and walkway were
constructed tilegaily wlthout building permits. He relayed staff's
recommendation for dental of this Petition as well as approval of
their alternative solution, which was presented at the CCPC meeting,
,.granting a variance for the addition but not for the existing
%:.:Waikway, mandating removal of same, and, additionally, granting a
variance allowing construction of a walkway on the other side of the
property. He stated, however, that Mrs. Nichols dJd not agree with
stari'm alternative and did not want to sign the ag'reement sheet.
~etndtcated one front yard vatlance was granted in 1987 for property
located in Plantation Island Mobile Home Sites.
In answer to Commissioner Masse, Mr. Young stated that everything
in Plantation Island Mobile Home Sites appears to be built wlth the
required flood elevation.
ii :'. Lots Nichols stated she has no objection to the results of
alternative proposal, but requested modification and clari-
fication of items *2, #5, and #6 of staff's alternative to variance
request 91-4 (identified as Exhibit "A" and attached to the Executive
Page 13
Petitioner states that ahe and her husband are doing the
renovation themselves. In regard to stipulation #5, she reported that
both-ilhe and her husband work and, therefore, compliance with this
sttl~llatton will leave only Saturdays for performanct~ of the renova-
tion, thus only 52 days of work time (not allowing for inclement
weather, etc.). She expressed concerns regarding po~stble delays and
indicated they are purchasing material on an "as funds are available"
basle. She verified that the subject property is not her principal
,_place of residence. She requested extendinG the time for completion
frommtwo years to five years.
Mrs. Nichols presented to the Board of County Commissioners a
sketch she purported to have prepared, said sketch not beinG visible
tO the Clerk to the Board and not made a part of the record.
Planner Young referred the Board'~ attention to Exhibit "A", page
25 of the packet, and proceeded to explain the propo~,al. He stated
that the only stipulation proposed by staff that Mrs. Nichols does not
#ant.;to,comply with is taking down the encroaching walkway.
In answer to Commissioner Volpe, Mrs. Nichols e~:plained her
reasons for not wanting to take down the encroaching walkway.
.Planner Young reiterated the safety issues raised by Mrs. Nichols
Ingress/egress. He acknowledged speaking with Project
Rev.~ew regarding this matter. He added that staff's proposal will
allow more Ingress and egress than is required by Life Safety Code.,~.
' ' Regarding the allusion to an inability to access large appliances
through the entrance, Planner Young stated staff would suggest
· : granting a 1' variance on the eastern side instead of allowing the
g walkway to remain.
~'"'Mrs Ntchols expressed her concerns regarding extension of the
length of time for compliance with the additional permitting pro-
cesses, keeping the walkway on the west side., 13' back from the exit
ilat:.the very least} and/or extension on the east side of at least
:another 1~ variance.
P~ge 14
May 14, 1991
~!:~, ~.'~I'OUlS Erickson, Attorney for James Sheldon (the adjoining
· landowner), explained that his client ie the one most affected by this
~. variance request and does strongly oppose same. He started that Mrs.
: N~chols submitted a written consent form to Mr. She/don for his stgna-
· ' ture prior to the purchase of the subject property by her, but Mr.
Sheldon refused to sign it thereby giving notice prior to purchase
that he was not in agreement with the variance. He conlmented that
'-.Mrs.~Nichols ~hen proceeded to renovate the subject property without
the appropriate permits, at which time his client contacted the County
to ascertain what was "going on" and was informed that he could° in
i./.:fact,:~put a stop to the ongoing renovation due to the setback
e~croachment. ~e stated his client is only asking that: the balcony
along the west side not be allowed as it is an encroachment on the
setback requirement. He remarked that granting thls variance would
:;', devalue Mr. Sheldon~s property at the benefit of Mrs. Nichol~~ pro-
'~ perry;
In answer to Commissioner Shanahan, Mr. ~rickson s;tated that his
client objects to working on Sunday for the same reason that the
Zoning Law prohibits ~t and that he did not agree with the request for
' f~ve years renovation time.
i:... Luther R. Atwell stated he lives catercornered from the subject
property, and watched it being built as well as the additions to same.
He gave a history of the subject property. He read from what he
alluded to as the Zoning Regulations. He commented re~ardtng concerns
of the neighbor on the east side of the subject property (Jim Reed)
g to property lines. He stated that Mr. Reed had planned to
attend this meeting but is out of town.
In reply to Commissioner Volpe, Planner Young stated that,
Mrs. Nichols failed to sign the agreement sheet, he used the
· survey that was submitted as part of the original vari~mce petition.
Harold L. Hall urged the Board of County Commissioners to
approve an approach that will permit Mrs. Nichols to utilize her
structure as efficiently and economically as possible ~;ithout causing
harm to the neighbors. Ils reported discrepancies In surveys
"due to some being started from one section corner and some from
· another.
Mrs. Nichols reported discussing the sit'uatton with Mr. Sheldon
and ~as told by him that there was no problem. She stated that Mr,
Sheldon moved his mobile home to another portion of his lot prior to
their-taking possession of the subject property.
In response to Commissioner Volpe, Mrs. Nichols .~ald she did not
anticipate a variance petition at the time of purchase of the pro-
':f[... perry. She said she did not realize ~hat repairs require a pe'~'mlt.
-~seA~r S~ders ~, seconded ~ Co~tes.ioner Sh~
~ cml~ mlmly, to clo~e the ~bltc hearing.
C~te~io~r Sanders ~ed, seconded ~ Co~tesloner Sh~ahan
~ ~~ ~ ~ ~t at~ of the pro~rg, ~d ~ttng up to a 1'
(.
Page 16
I~UTION NO. 91-378 R~ P~TITION V-91-5, RICHARD ~R R~QUKSTING
& l' ~D~ YArD S~I~ACK VARIANU~ AND & 1~' FRONT YA~/) S~T~tCK VARIAIICK
~ i~tOI~RTT LOC~ AT ~3 8AT~I~ r,_OO]RT, I'~A~CO 11~40~ - ADOt'rED
Legal notice having been publi~hed in the Naples Daily News on
April 28, 1991, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened to consider V-91-5 filed by Dale
E. Berry on behalf of Richard Fowler requesting setback variances for
)ropetry located at 823 Saturn Court, Marco Island.
Planner Mulhere summarized the issues relative to this Petition.
He explained that approximately 19 years ago the garage was
constructed encroaching into the side yard and front yard to the
extent described in the Executive Summary. He stated that Petitioner
purchased the subject property in January of 1991 and is now seeking
an after-the-fact variance in order to clear the title of this
encumbrance. He reported that staff recommends approval of this
Petition subject to the stipulations included in the Resolution.
In answer to Commissioner Shanahan, Mr. Mulhere reported receipt
of one letter from Dr. Theodore Newnan of 836 Saturn Court in favor of
granting the Petition, and no letters in opposition.
~m~on~r Shanahah ~oved, meconded by Co~tss~oner Saunders
~ =1~ ~~ly, to close the ~bltc he~tng.
~~i~r ~ ~, seconded ~ Conlmstoner H~we ~d
~%~:,' carried--~m~llaousl¥, that Ntltlon V-91-5 be approved, thereby
'~,-~.~lutto~ !o. 91-378.
Page 17
May 1¢, 1991
JLES~YI, UT~ON 91-379 ANENDING PARAGRAPH FIVE OF PJZSOLUTION 91-250
~ A SCIt.'-VKNER'S KItROR IN ~K ~O~'S LKG~ DKS~I~ION
~ ~ 35 & 36f BLO~ 53r N~KS P~ ~IT 4 - ~D
Legal notice having been published In the Naples Daily N~w~ o~
Aprtl 28, 1991, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened to consider Petition V-90-18
filed by the Co.unity Development Services Department amending
Para~aph 5 of Resolution No. 91-250 re Petition V-90-18, filed by
David Gray, adopted by the Board of County Commissioners on March ~2,
1991.
~" :Plier ~lhere reported an error An the legal deecriptlon con-
tained in Resolution No. 91-250 adopted by the Board of County'
Co~ta8tonere on March 12, 1991. He said the description contained
l~age. reading "Lot 35 and Lot 35" but should have read "Lots 35 and
~6".
~t~ ~~ly, to ~d Reeolu~ 91-250 to correct a scrtv~
~e ~or In t~ ~rW~e legal description, there~ ~opttng
...
Page 18
199!
~N~OLUTION NO. 91-380 RE PETITION V-90-16, WARREN R. EISENER
~ A 10' REAR YARD SETBACK VARIANC~ FOR A BOAT DOCK RAMP FOR
PltO~X~ATED AT 359 CORNERS AV~E, FURTHER DESCRIBED AS LOT 45,
BLOCE~, CONNER'S VANDERBILT BEACH ESTATES UNIT NO. 3 - ADOPTED
Legal notice having been published in the Naples Dally News on
April 28, 1991, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened to consider Petition V-90-16,
filed by Warren R. Etsener, requesting a 10' rear yard setback
vattahoe for a boat dock ramp for the above described property.
-.Planner Wayne Arnold reported the Issues relative to this
Petition. He stated this is an after-the-fact variance as Mr. gtsener
did receive a building permit to construct the boathouse and the cat-
walk, however, staff Inadvertently failed to see the setback encroach-
ment for the catwalk structure at the time oF issuance of said Permit.
.. He presented photographs which are on file with the Clerk to the Board
office. He Indicated one anonymous complaint was received.
Commissioner Volpe stated that what has been constructed is more
than a boathouse and would be classified as a patio.
.Planner Arnold reflected that tile existing boathouse structure
with the decking on top is a permttt,~d structure.
.~C~/estone~ Saunders ~oved, ~econded by Co~tsetoner Shanahan
~ ~t~.~~ly, to close t~ ~bltc he~tng.
In response to Commissioner Hasse and Commissioner Shanahah,
Planner Arnold reported receiving a letter recently indicating the
writer was not opposed to the boat dock ramp.
In response to Commissioner Hasse, Planner Arnold revealed the
circumstances creating the 10' setback encroachment.
In response to Commissioner Volpe, Planner Arnold said he did not
see any reason why the Petitioner could not possibly screen In the
- area on top of the boathouse, but that he would have to look Into the
· height of same.
He stated he did not feel it was the Petitioner's
000 p,~r',[ 2~, Page 19
1991
~.( Intention to screen in the area in question, but that it could be
,'viewed that he has created more than a boathouse at that point in
Commissioner Haese requested that the motion be amended to
~., reflect that no more additions be placed on top of the existing struc-
ture.
.~lNioner Saundere ~nded him ~tion to reflect the r~eet
.': ~-~~i~r ~e, eecon~ ~ Co~ieeioner Hasse ~d carri~ ~a-
~IF, ~~ ~pting ~olution No. 9~-380.
...,;, q .
Page 20
May 14, 1991
91-381 R~ PETITION V-91-6, REGAL HOUSING D~LOP~R°S,
~ZNG V~~S ~R ~0~ ~ SIDE Y~ SET~C~ ~R C~D
~OP~ L~A~ ON ~ ~ST SIDE OF ~ DRI~ B~
~~ ~ P~ ~ DRIP, PA~ RI~R ESTATES (PIP~eS
-
Legal notice having been published in the Naples Daily News on
April 28, 1991, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened to consider Petition V-91-6,
filed by Kathleen C. Passtdomo, representing Regal ~oustng Developer's
· Inc., requesting 25' and 22' front yard variances and a 10' side yard
for covered parking for the property hereinabove described.
Planner Wayne Arnold summarized the issues relative to this
Petition and introduced an aerial photograph of the sub3ect property,
./which 18 on file in the Clerk to the Board office. He relayed etaff's
recommendation for denial of this Petition on the basis that there is
no hardship other than that of the Petitioner's own doing.
Jim Wallace, shareholder and Vice President of the parent company
,-of Regal Housing Developer's Inc., (in response to Commissioner Hesse
regarding property right in front of Piper Blvd. on the other side of
the development) commented that the development company building
Ptper's Pointe does not own the property in question, but the share-
holders of the parent company that own the development company of
Ptper's Pointe do own the property in question. He said they are not
anticipating using said property for anything other than a passive
recreational area. He gave a profile of Ptper's Pointe, stating that
~24 (of the 240 condominiums) are sold, 64~ of those sold being pri-
mary residences.
i/! ~-Eathleen Passidomo stated that the developer if! not making money
· . On the construction of carports but merely passing on the cost of
same. She couented that the developer did not coniJider the construc-
tion of the carports until requested to do so by those purchasing the
condominiums. She indicated that, even if Regal Housing Developer's
Inc. had included covered parking in the original STP application, it
'w~ld;ettll be necessary to request a variance due to the unusual
f3C.47 Page
~:!: history of this property and because the carports simply could not be
located anywhere else on the property.
Mr. Wallace (referring to a displayed map) Identified the loc&-
t~on of various parcels, including the subject proper~y, Spanish
Pines, property of Earle Fry, etc. He recited the names of those In
support of the project as well as identified the location of the one
person'expressing opposition to the project.
Planner Arnold indicated he has received three letters recom-
; mending approval, four letters recommending dental, and several
: telephone calls stating they have no objection.
In reply to Commissioner Volpe, Planner Arnold verified that the
'~. Pal~ River Property Owners Association is recommending approval of
the Petition.
:.41~mltoltoner S~erl left the mtt~ ~t 1:10 P.M.
Mr. Wallace (utilizing various displays) gave a history of the
development of the property and Identified the numerous factors
responsible for the current Petition.
Plier Arnold reiterated that there arl~ certain criteria con-
tained in the Ordinance that staff .is Instructed to review for varian-
ces, of which "hardship" is one. H~ stated that the Petitioner would
< s~111~have a reasonable use of the ~ubJect property without the bene-
fit:of a carport structure,
:~n response to Co~ssioner ~a~se. Co~nlt~ Development Services
A~strator Brutt concurred that the carport might be an amen~t~ but
.. that staff was worried because there is absolutely no reason,
.;~ according to the Justifications fo~ a variance, that this project can-
not be built as desired and as already under construction. He voiced
conce~ that a precedent is beth9 set where there is no Justification.
He stated the project does not need what they are r,~questtng in order
to ~e it a viable sellable project and that, in mos~ cases, a
;- vart~ce c~ and should be given only if the geographic layout of the
~ parti~lar plot prevents the use of the plot for a meaningful economic
purpose.
Ns. Passidomo stated that the history of the property prevented
~.~the ~1oca~:lon of the covered parking an~here o~her t:h~ as currentS7
proposed.
Jeff ~rse addressed some of the prob~e~ neces:sitating ~he ~oca-
~$on'of khe covered parkSng in the proposed sike. He verified for
Co~issioner Vo~pe ~ha~, even khough ~here remain buildings th~ have
yek ~o be buick, ~he hardship does e:~s~ for ~he entire pro~ec'~ and,
~hu~, the present variance re~es~.
Je~ Naas, o~er of a uni~ ak P~per~ Po.inte Condominium, volced
her ~ppor~ of ~he Pekik~on.
G~or~a Hershey, representing kh~ Spanish P~nes Condominiu~
Association, voiced support for the Pe~ition.
.... ~~l~ ~e ~, ~con~ed ~ Co~is~to:ne~ Vol~ ~d
~'t~ 4/0 (C~looi~er S~dor8 ~8 ~t) t~t Potlti~ V-91-6 ~
Page 23
· COlltllto~er ¥olpe left the ~eettn~ st 1:40 P.M.
~ay 14, 1991
RI30~IITIOI91-3~I~CRIATIMG A CITIZENS ADVISORY C~I~ TO ASSIST
~ ~ ~ ~I~~ ~ ~R~Y DISTRICT [OR Ti~ GOLDEN
~.'P~Y ~$SlON~ 0~I~ C~RCI~ DIS~ICT - ~ED ~
Community Development Services Administrator Brutt outlined the
history of and directives to development of a Citizens Advtfiory
Co----tttee. He stated that this committee will have a time certain and
'~,'~tll 'cease l~e function ~Ithtn one year or at the time of de, livery of
its report to the Unified Land Development Committee. He indicated
staff's recommendation to move ahead with the creation of said commit-
tee to be known as the Architectbrai Overlay Dtstrict Cttlzent~
Advisory Committee (AODCAC).
.;..(~111/lltoner Has~e moved, seconded by Commissioner Shanal~n to
~:d.:~'::t~ Citi~ ~imo~ C~itt~ c~rtmmd of ~ople from the
In response to Commissioner HaNes, Mr. Brutt ~tatod that the com-
mittee will be comprised of five persons (an architect, property owner
)fl.:within the Parkway Office District, land developer, landscape archi-
tect, and citizen at large).
: :':C~t~toner Rases ~oved to ~end his ~otlon, seconded by
· C4xld~li~r Sha~han and carried $/0 (Co--testoners Volpe ~nd
~,-::,,, ~-~re out), to increase the number of contttee members to
?:-:. II~!~with ~ gdltto~l ~ ~m~r8 ~lng ctttze~ at large, there~
~~,:~lutt~ No. 91-382.
Page 24
May 14, 199!
DXSGUUSZOII:!~ BASKBALL ~FD&T~ - NO >ZON
Co~.uty Manager Dotrill reported that a meeting was held yesterday
with the officials from SeA Development and the Baltimore Orioles
with respect to the spring baseball facility. He explained that he
was informed that it is proposed that the site of the facility will be
moved 1/2 mile west of the previously proposed location at the
Intersection of Immokalee Road and CR-951. He indicated that the
:proposed relocation is 3/4 mile South of the previous location with
respect to the stadium complex. He stated that the sit:e is comprised
of 16~ acres and there is an ad3acent 45 acre commerci~l tract which
is proposed to be developed and approved in con~unction with same.
Mr. Dotrill stated that the 165 acre site is comprised of a 60
acre regional recreation complex park that would be donated to the
County at the very northern end of the site with space for 250 parking
spaces. He related that immediately south and adjacent to this area
is the stadium complex which is proposed to be 105 acres and ~lil]
accommodate approximately 400 parking ~paces to be utilized in con-
~unction with the minor league feellit%, and the clubhouse and the dor-
mitory which are to be constructed in a subsequent phase.
County Manager Dotrill advised that; the southern portion of the
site includes the stadium complex and :!,100 parking spaces. He
related that it is unknown whether tht~ will be an acceptable site but
it does contain the necessary elements with respect to the stadium
complex and the public recreational park.
Mr. Dotrill stated that in return for the donation of the 165
acres Mr. Nicewonder is requesting a rezontng of the 40 acre commer-
ctal.tract at the southern end of the property.
Commissioner Hasse questioned the amount of environmental land on
this site, to which Mr. Dotrill replied that previous environmental
assessments were done for the Florida !{ock property but before this
becomes a~ acceptable site a determina~ion will need to be made of the
ooo.,,: 58
Page 25
· > net available acres tc be assured that the factlltte~ will fit on the
remaining acres and that the neceesar~ storm water retention facili-
ties can be accommodated within the gross acreage.
County Manager Dotrill stated that he has been asked whether the
Florida Rock site is ruled out entirely but indicated that the County
'-ts looking to the developer to propose~ that site and to be able to
show site control with certain conditions. He related that he has not
heard from $CA as to whether the Florida Rock site has been abandoned
entirely.
In response to Commissioner Shanahan, Mr. Dotrill advised that an
article in the newspaper may have misconstrued some of the activities
as related last week. He noted that the six month time frame that he
· eluded to last week Is the amount of time required to consummate the
~':"bustness side of the deal in order to meet the 1993 baseball schedule
but does not include the estimation for the rezoning process, compre-
hensive plan amendment process or the time required in the event that
it is determined to be a Florida quality eligible project or a DRI.
Commissioner Volpe remarked that in terms of the transportation
-'. perspective, he assumes that there Is a certain comfort level. Mr.
":i Dorrtll replied that staff has not had sufficient time to do an actual
i!.. traffic modeling, noting that one of the concerns is 1:o recognize that
· 2,500 to 3,000 cars will be moving within a 30 to 60 minute time frame
~' when the stadium Is expanded to 9,000 seats.
In response to Commiss~oner Volpe, County Manager Dotrill
explained that last week discussions Included the issue of transpor-
tation improvements in the estimated a~ount of $3 million but believes
· that this Is diminished since the primary roadway is only 1/4 mile In
'- length as opposed to one mile in length. He explatne~ that staff
to cost out the other two laned roadway leading to the County
park and he feels that some road widening on Immokalee~ Road will be
' required.
issloner Volpe pointed out that it appears that there are
.:!:~ Jurtsd~cttona! wetlands in this area and there could be some major
!'issues involved relative to permitting and the roadway at the back of
:,:~ the property.
· -County Manager Dotrill affirmed that many Atems need to be
resolved and determined with particular emphasis on t:he wetlands prior
to the County indicating that this is an acceptable
He advised that the current property is unzoned and agricultural.
He noted that this land is OWlled by the Nicewonder family and they
also own approximately 1,200 acres immediately north and contiguous to
this site. He indicated that Mr. Nicewonder ~s requesting that that
slte be moved into the urban development boundary. He affirmed that
in order to fulfill this request, acomp plan amendment would be
~'~' County Manager Dotrill stated that the change of sites will be
putting things back by 3 or 4 weeks in terms of where things were with
the Florida Rock site. He noted that it will take that amount of time
· to determlne the land use impact transportation impact and a review
of the wetland and Jurisdictional environmental permlts that may be
requlred. He indicated that a six month time frame %~111 be necessary
· for the completion of the contracts, munic~pal stadium lease
agreements and the actual conveyance of the property. He reported
that there is an executed letter of agreement between SCA, the
Baltimore Orioles and the Nicewonder family that prouldes for certain
rights relating to having control of this site and to make these
offers to the County.
Commissioner Shanahan explained that he feels that ~t ~s Important
.~to remind all the citlzens of Collier County that the Commission will
continue to demand the necessary elements that were :In the RFP origt-
~.u. nally and when the final proposal comes back it will be within the
elements of the RFP.
Commissioner Hasse indicated that each change that has been made
.~i:~'haa been done for the betterment of the County.
Commissioner Volpe underscored that the primary issues that have
i;./ been identified are: the 40 acre commercial parcel, transportation
May 14, 1991
and the request for the 1,200 acres to the north to be brought
into the urban area.
'-; County Manager Dorrtll stated that assuming that this will be an
-acceptable site, staff would need to complete negotiations for a turn
key development contract and subsequently the municipal stadium and
i~: the management lease agreement. In conjunction, he related that the
necessary financing aspect will come into play and 'the resolution of
the lawsuit enabling the County to move forward and pledge the tourist
!.~i;~. ,In response to Commissioner Vol~e, Mr. Dotrill advised that the
firm of Carlton, Fields negotiates and provides boiler plate contracts
for all the County's construction contracts. He noted that the deve-
lopment agreement will be between SCA, the County, acting on behalf of
;i~ the Orioles and as of now, an un-named lessor of the facility.
County Manager Dotrill stated that he will present additional
information to the Commission in the next 3-4 weeks.
i~ · There were no speakers. No action was required on this item.
Assistant Utilities Administrator Bloetscher stated that late last
s~er the Commission authorized staff to solicit proposals for the
Expansion of the North County Wastewater Treatment Plant. He indi-
cated that prior to that, at the time the Master Plan was prepared by
Hole, Montes & Associates, recommendations were made to review the
treatment processes in order to keep the costs for future expansions
less expensive.
:~.~ .:. , Mr. Tom Taylor of Hole, Montes & Associates, provided an update
on the status at the North County Wastewater Treatment Plant and
briefed the Commission on various concepts that were developed for a
· leSS costly facility which will meet the County's long term needs.
Mr. Taylor advised that over the past year, his firm has continued
discussions with staff to update the North County S~wer Master Plan
.,which addresses the treatment plant and Includes sludge, grease and
~, septic treatment.
May 14, 1991
:Dr. Ran Benson of Hole Montes & Associates, explained that
discussions today will relate to a change in the process from an
extended aeration mode of operation to a conventional activated
sludge mode, noting that both of these treatment processes have long
track records and are the primary means of treating wastewater in the
world.
Dr. Benson reported that the extended aeration process is typt-
cally used in smaller plants as compared to the activated sludge pro-
cess which is used in the larger plants. He expressed that the main
difference Is that the extended aeration mode uses ~! much largest
volume of aeration basin than the ccnventional activated sludge mode.
.';j ,,Dr.. Benson displayed exhibits depicting the North County Plant
prior to and after the recent expansion. He related that if the
County continues in the same mode as proposed in the 20! Study and the
x98~ Master Plan, an additional aeration basin similar to what was
Just:built would be required and this would allow the plant to be
expanded from the current 4.5 MGD capacity to 8 MGD. He Indicated
that If the County decided to go from the extended aeration mode to
the conventional activated sludge mode this could be accomplished by
using large clartfters, and small oxidation at the extended mode
basin.. He advised that this would take the existing facilities and
-make;~the most of them.
· Mr. Taylor advised that the same treatment process would be used
but with modifications. He remarked that the extended aeration mode
of treatment generally aerates the wastewater for a 24 hour time
~:perlod but this can be cut back drantatlcally by putting more
wastewater through that same tank a~:ration size in about 8 to 10
hours. He indicated that this would be substantially less land inten-
sive and as the treatment plant is expanded a 14 MGD facility could be
ac¢onodated. He noted that ultimately, a 28 MGD plant could be
located on that site using the conv~ntional activated sludge process.
In answer to Commissioner Volpe, Mr. Taylor reported that the
Page 29
Nay 14, 199I
.theory. in concept would also work in the South County area but this
would need to be reviewed on a specific Instance ewaluatton.
In response to Co~misstoner Has~e, Mr. Taylor r,~marked that the
4.5 MGD capacity incorporates 1.5 MGD from a packag,~ treatment plant
in that area which is in dire need of rehabllltatiol~. He disclosed
this would be converting to the grease septic treatment system
&::::lspsra~e ~reatmsnt system in and of itself.
Commissioner Volpe voiced concerns as to whether the subject site
is the most appropriate location for this size plant: and noted that
generally one would see these types of plants along the interstates
i~? rather than backed up to a residential neighborhood.
Mr. Taylor stated that this is an efficient loc~,tion from a tech-
nical standpoint based on the available acreage and the presence of
minimal development around the plant today. He related that if
everything is properly addressed in the design of the plant construc-
tion, a great degree of the odor can be minimized and it could be a
~' goodieneighbor.
?.;~ ' Mr. Taylor pointed out that the majority of the pipelines from
Airport Road to the west ~ere sized ~or buildout and because of the
trend of development along the coast, that area wall be fairly built
within a 20 year time frame.
Mr. Bloetscher stated that staff will be sending out the RFP's
based on the new concept and will co~3e back to ~he Commission ~lth a
aborn. lAst of the recommended firms.
:::::::'~:~olaction was required on this item.
BXD ~-X6?& I~E PX]g~ RXDGE ROAD ~ATER ~AOXLXTXES XNI~ROV~I~ENTS -
~ ~O ~,OR~DA STATE UIgD~R~ItOUI~D, XNC.; NXNOR BX'D IRREGULarITY
Assistant Otilittes Administrator Bloetscher reported tha~ on
March.20, I991, staff received bids for the Pine Ridge Road/Goodlette
'to:.LivAngston Road tie In to the existing system. He advised that
were eight bidders for this project with the low bidder being
Page 30
~*~e'co~d low bJdder.
Mr. Bloatschef advised that Mttch~}ll & Stark filed a protest rela-
!:= rive to the award to the low bidder oi~ the basis that they failed to
completely follow directions in the bid documents. He Indicated that
the County Attorney's Office and the l~rchasing Director have reviewed
the protest and they recommend watvtn~ the minor deficiency and
awarding the bid to the low bidder.
Purchasing Director Camell explained that the deficiency pertains
~O the.bid Instructions as reflected in the lnvitatlo0 to bid and the
centFact documents that all the bidders received. He noted that they
were ~nstructed to submit the entire contract book back to the County
at the time they tendered their offer. He recalled that at the
Pre-Btd Conference which was held in February, the consulting engineer
who prepared the documents reiterated these instructions to all the
Mr. Camell reported that at the time of the bid opening, eight
bids were received and seven of these were submitted .in the complete
bound book but the low bidder, Florida State Underground did not sub-
mit ~ta bid in the Instructed manner. He explained that Mitchell &
Stark filed a bid protest on the grounds that Florida State
Underground had not ffollowed the Count¥~s written or oral instruc-
tions. He noted that Florida State Underground submitted the front
port~on of the document which is the bid offer Itself and signed the
page which requires the signature and their commitment: to meet the
contract document requirements. He reported that staff reviewed this
:'...Issue.and has determined that the failure to submit the entire book is
a minor ~rregulartt¥.
Nr. Camell advised that Nttchel~ & Stark has rats:ed two addi-
~i!/.it~on&l. ~ssuea, alleging that the bid bond submitted by Florida State
Underground is not from an "A" plus rated company; and. that con-
aider~tlon should be given to awardln~ the contract to ~ltchel! &
Stark e~nce there would be benefits to the County based on the fact
il ~h&t the work done under this contract is utility Improvements and
~ OOOP&r,[ 84 Pa~e 31
..... '~ May 14, 1991
Mitchell & Stark has recently been awarded the contract for Improve-
ments to the Pine Ridge Industrial Park and there could be coor-
dination of laying the pipeline along Pine Ridge.
Mr. Camell addressed the Issue of the bonding requirements,
noting that the bid specifications do not call for an "A" plus rating
on the bonds and therefore there is no basis within the bid documents
to reject their offer. He Indicated that in speaking with Mr. McKtmm
of Florida State Underground, he has been Informed that It is their
· Intent to furnish a performance bond from an "A" plus rated company at
the point of entering Into a contract. He advised that it Is staff's
opinion that this Is a mute Issue.
With respect to the coordination of the pipeline, Mr. Camell
affirmed that there may be some economies recognized to the County by
combining the two projects, however there was no expre:ssed Intent to
consider coordination of other projects as a criteria for award and
· therefore, staff believes that it would be unfair for the low bidder
to come in now and make that a new consideration in the bid process.
Commissioner Volpe questioned whether the project could be re-bid
. to give everyone the opportunity to coordinate the work with the
contract for the Pine Ridge Industrial Park.
Assistant Utilities Administrator Bloetscher replt,~d that he is
uncertain as to how the two projects could be coordinated without
re-bidding both of the projects to have them tie together.
Mr. Brian Penner, Vice President, Mitchell & Stark Construction,
indicated that at the Pre-btd Conference it was stated that per the
specs, no bid would be accepted or read unless the prol)osal was bound
to the specifications. He related that the mistake occurred when that
bid was read, noting that he does not understand how the County can
waive something that was not to be considered in the first place.
In answer to Commissioner Saunders, Assistant County Attorney
Manalich advised that In the Invitation to Bid, mention was made that
"Only bids which are made out on the p~'oposal form Included In this
i!:.; ~ document will be considered." He noted that the proposal form was
/ 65 Pa e
Nay 14, 199!
submitted and it commits the contractor to all the contract documents.
He explained that an additional senteace states that "The proposal
form must not be separated from this document", but pointed out that
it did not indicate that the bid would not be considered. He reported
that a review of the case law indicates that the minor irregularities
rule has been recognized by the Second District Court of Appeals and
~t has focused on whethe= the Irregularity affected the sanctity of
the competitive atmosphere. He explained that th~s usually would be
affected if one would be permitted to go back and avoid or change the
spec~fications.
?fl.: Mr. Penner Indicated that the reason for the requirement of sub-
· ltt~ng the full bid documentation is to prevent a contractor from
coming back and saying that he did not have a certain page and would
alleviate him from requesting a change order at a later date.
Nr. Camell replied that ~he final contract comes from the bid
award process and it is incumbent upon the County to ,~nsure that all
pages in the document are provided to the contractor at the time the
contract is executed. He indicated that if this take~ place, the
prospect of future change orders, based on a missing page, is
nated.
County Attorney Cuyler advised that his legal pos~[tton is that
this is a technical and minor irregularity.
Mr. Thomas McKlmm, President, Florida State Underfjround, Inc.,
?~:...:reported that there was no request at the bid opening for his bid not
to be read aloud. He indicated that his company is prepared for
construction and ready to enter into an agreement. He noted that
firm submitted a sealed proposal, on the required proposal form with
Addendums 1 and 2 attached, a bid bond in excess of 5~$ of the total
amount of the bid accompanied by Power of Attorney. }Is indicated that
he personally acknowledged Addendums ! and 2 which modified the
st~ng proposal form, therefore, it was necessary to remove that form
from the bid specifications. He' remarked that a prtc~ was indicated
Page 33
Nay 14, 1991
for each and every name In the bidding schedule as required. He
pointed out that the Instructions to Bidders, Paragraph 21, Award of
the Contract states: "The award of any contract wll.l be made to the
lowest responsive and responsible bidder based on th,.- lowest total
base bid as shown on the proposal form. Owner reserves the right to
reject any and all bids or to waive irregularities or formalities at
.-~ Its discretion."
Mr. McKimm stated that Florida State Underground is prepared to
execute the contract in the bound specifications. He related that his
bid was based upon those specifications. He reported that Article 2
of the contract documents reads as follows: "The contract documents
herein named Includes all the following component parts: Invitation
to Bid; Instructions to Bidders; Proposal; Special Conditions of
i~f:Contr&ct~ Oeneral Conditions of Cont~act~ Agreement; Contract
Specifications; Contract Drawings; all bonds, insurance certificates
and Insurance polices mentioned and referenced in the foregoing docu-
:. ment8;. any and all other documents or papers Included or referenced to
i'::.- in the foregoing documents; any and all addends to the following
documents."
Mr. McKlmm advised that Flortda State Underground submitted a
reliable bid and that bid is the low bid. He requef~ted that the
Co~u~tssfon award Bid #91-1674 to Florida State Underground on the
basis of being a qualified bidder and that bidder being low; and all
requirements of bonding and Insurances are being met.
With regard to the combination o~ Bid #91-1674 and the work for
the Pine Ridge Industrial Park, Mr. McKlmm announced that th~ pro-
fesalonals working with the County Utilities Division know the impor-
tance Of the completion schedules. He Indicated that a combination of
the two separate projects would Jeopardize the scheduled completions
of both. He reported that Florida State Underground's schedu.le of
completion is 120 days by contract a'nd he Is conflde:nt that this sche-
dule will be advanced substantially.
In conclusion, Mr. McKlmm stated that he understands that after a
Page 34
thorough review of County staff of the low bid submitted by his firm,
that a conclusion was reached to recommend the award of Bid #91-1674
:;.' to Florida State Underground.
~;~, ~x~t~'~~ly, to accept et&ff'e raco~en~ation to award Bid
~ ~91-1~74 to Florida State Omlargronn~, Inc.; and to waive t~s minor
91-162 ~ 91-167, 91-169 AND 91-171 THROUGH
i""* ~~*~1¥, to adopt ~d~t ~nbnto 91-162 t~h 91-167,
Ol-llJ g ~1-1~1 tM~ 91-173.
Commissioner Saunders advised that within the next few weeks,
President Bush will be signing a trade agreement. He suggested that
if any of the Commissioners have any remaining monies in their travel
b~dgst, that they may want to consider going to Washington to argue
opposition in this regard. He pointed out that Agricultural
0oulsstoner Bob Crawford has Indicated that Florida will be out of
production in the winter vegetables and fruits.
Commissioner Shanahah stated that it appears that the President is
committed to move ahead on that action but it should not diminish the
Commtsston's willingness to take action to convince whomever that It
is important that the free trade act not be ratified as presented.
Commissioner Goodnight remarked ~t should be realized that wha-
tever happens in Florida will also occur in Texas, California, New
· ,'i York, Washington State and all the states in the Union that are ma3or
agricllltural producers of fruits and vegetables. She pointed out that
these products will no longer be under the EPA and FDA food safety
guidelines. She noted that tolerance for DDT is stall on the books
and am long as that tolerance level is not exceeded, it may be con-
Page 35
,f'.. May 14, 199I
tinued to be used. She stated that DOT has been banned in the United
States since the early 1950's, but it is still used in Mexico and the
Caribbean Basin.
Commissioner Goodnight reported that she received a letter from
Bob Graham acknowledging receipt and appreciate of the resolution.
She Indicated that she forwarded the resolution to all the Delegation
; from the State of Florida, the Pres.[dent, and the negotiator of the
Free Trade Commission.
N.~ctien required on thlm
;~W.~.CO~TT ~lSSXO~I~S ¢0~!ICA?XO..~. ,RZ P&X,~,tST~ ¢AaLaVlSXO~
Commissioner Saunders related that there !:as been quite a bit of
discussion during the past several months with respect to the
franchise fees for Palmer Cablevision. He requested that County
Attorney Cuyler report back to the Commission next week regarding the
dispute relative to the franchise fees.
County Attorney Cuyler advised that he will coordinate with the
.Manager's Office and provide a report to the Commission next week.
*'' Co~tseloner Hesse moved, ~conded by ComAssACher Shanahen
md carriedunant~ously, that the followln~ Items under the con-
sent agenda be approved and/or adopted: eee
Xte~
PROVIDING FOR ASSESSIleNT OF LIEN FOR THE COST OF
~XC ~IS~C~ ON LOT 10, BL~K 36, ~IT 2, GOLDEN GATE,
See Pages
¥77
ACCEPTED ~OR XaPL~S WALK - WITH ST:rPULATIOXS
The water facilities to serve the project cannot be placed
Into service and no Certificate of Occupancy shall be issued
until the Florida Department of Environmental Regulation fur-
nishes a letter authorizing the placement of the sewer system
Into service and approving the water distribution system for
service.
2;.:. Bacteriological testing has met the County's requlrem,:nts.
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.
Page 3 6
RECORDED IN OR BOOK 1635 Pages 392 - 401
See Pages
May 14, 1991
CREDIT ACC~PTI~D FROM BANCFLORIDA IN TH~ AMOUNT
~I~ ~R ~AVATION ~IT NO. 59.416 "LELT C~8IC8
~ION 21 ~ 28, ~ZP 50 SOU~, ~ 26
See Pages
:' ~ ~ AO'I~O~IZA'T~O~ AH~HI]M~]IT ~ LI~'T.y ~$ORT - clr. J~slcs
P~~A~ AND EXECUTED CONFEYANCE OF FROPI~RTY, A PORTION OF
WHI~ ~HAL~ B~ U~ED AS PUBLIC RIGHT-OF-WAY AS REQUIRED B~ C.I.E.
P~O3~BCTNO. 022 (EXTENSION OF SANTA BARBARA BOULEVARD)
See Pages
IRTH~ A~NT OF 8212,929 FOR THE NARCO ISLAND
FROPOSAL FROM THE BETA CORPORATION REGAILDING 30B TRAINING
DISADVANTAGED PEOPLE
See Pages /~
~T, ~, $CHOH AND JERNXGAN, INC., SELECTED A~t #1 CONSULTANT
FI~M,."~ ~O~RA~T N~GOTIATING COMMITTEE AUTHORIZED AS PER RFP
#90-1~50~ ZI~3~IN~ COl~ULTM~ FOR LANDFIL~ CLOSURE
ooo,..,-.: 7o
'OF 0Ol~q~L"I~ON TO THE TAX ROLLS AS PRE~FfED BY ~
~98~ T~ ~OLL
s~.. {lO · Date
~' 29? 4/29/91
1989 TAX ROLL
265 4/29/91
1990 TAX ROLL
,.~ 238 5/06/91
: 250 5/03/91
FZL~DAND/OR~LEFERRED
The following miscellaneous correspondence was filed and/or
referred to the various departments as indicated below:
Letter dated 4/19/91 from Ann Walker, Planner II, Depautment
of Community Development, City of Naples, advising of a
public hearing to consider Creative Play Environments, Inc.,
a short term child care center in Coastland Mall. Copies to
Nell Dorrill, Sandy Taylor, and filed.
1991-92 Annual Budget from James C. Giles, Clerk of the
Circuit Court. Filed.
3e
Copy to BCC of letter dated 4/5/93 from John Yonkosk¥, County
Finance Director, to Henry J. Pearl, General Manager,
Cablevision Industries, acknowledging receipt of check in the
amount of $123,901.76 for franchise fees and requesting other
requirements under the franchise agreement. Filed.
Copy to BCC of letter dated 4/5/91, from John Yonkosky,
County Finance Director, to Barbara Hagen, Controller, Palmer
CableVision, acknowledging receipt of check in the amount of
$459,861.66 for franchise fees and requestin!] other require-
ments under the franchise agreement. Filed.
Copy to BCC of letter dated 4/23/91, from John Yonkosky,
County Finance Director, to Smith Thompson providing a state-
ment of receipts and disbursements of Fund 159 (Marco Island
Beach Renourishment Fund). ~lled.
6e
Copy to BCC of letter from Bruce A. Malson, Colonel, U.S.
Army, District Engineer, to Michael R. Dombrowskl, Coastal
Engineering Consultants, Inc., re denial of HCC permit appli-
cation for proposed dredging between Sand Dollar Island and
Marco Island. Copies to Nell Dotrill, Harry Huber, and
filed.
7e
Letter dated 5/1/91, to Commissioner Hasse from Gordon L.
Guthrie, Director, Department of Community Affairs, re:
90-CJ-67-09-21-Ol-O07/Enforcement/Apprehension. Copies to
Nell Dotrill, John Yonkosky, and filed.
Letter dated 3/27/91, to Sheriff Don Hunter and Commissioner
Goodnight from Virgil L. Choate, Correctional Officer
Page 38
,: May 14, 1991
,.,
10.
11.
12.
13.
14.
15.
16.
17.
18.
Inspector II, enclosing Inspection Report of Building "J"
dated 3/20/91. Filed.
Letter dated §/1/91, to Chatr=.an, BCC, from Jon M. Iglehart,
Environmental Specialist, Department of Environmental
Regulation, re: Collier County - NRR; File No. 111962165.
Copies to Nell Dotrill, Bill Lorenz, Frank Brutt, and filed.
Letter dated 5/1/91, to Chairman, BCC, from Jon M. Iglehart,
Environmental Specialist, Department of Environmental
Regulation, re: Collier County - WRR; File No. 111961405.
Copies to Neil Dorrfll, Bill Lorenz, Frank Brutt, and filed.
Copy to BCC of letter dated 4/22/91, to Colonel Bruce A.
Malson, District Engineer, U.S. Army Corps of Engineers, from
David L. Ferre11, Field Supervisor, Ftsh and Wildlife
Service, U.S. Department of the Interior, re: FWS Log No.
4-1-91-262; Application No: 90IPK-OO193; Dated: February 8,
1991, Applicant: Board of Co. Comm.; County: Collier.
Copies to Nell Dotrill, Harry Huber, and flied.
Letter dated 4/23/91, to BCC from Tony D. McNeal, Engineer,
Bureau of Coastal Engineering and Regulation, Department of
Natural Resources, re: Request for Fubl~c Comment; File
Number: CO-308 ATF, Applicant: Collier Couni:¥ Board of
County Commissioners. Copies to Nell Dotrill, Harry Huber,
Frank Brutt, and ftled.
Letter dated 4/26/91, to Collier County from Tony D. McNeal,
Engineer, Bureau of Coastal Engineering and Regulation,
Department of Natural Resources, re: Public Notice; File
Number: C0-311; Permittee: Ritz Carlton Hotels. Copies to
Nell Dotrill, Frank Brutt, and filed.
Copy to Collier County of letter dated 4/26/91, to Wilson,
Miller, Barton & Peek, Inc., from Tony D. McNeal, Engineer,
Bureau of Coastal Engineering and Regulation, Department of
Natural Resources, re: Notice to Proceed, Permit Number:
C0-311, Permittee Name: Ritz Carlton Hotels. Copies to Nell
Dotrill, Harry Huber, Frank Brutt, and flied.
Copy to Collier County of letter dated 4/24/91, to John F.
Barber, Pro~ect Coordinator, Agnoli, Barber & Brundage, Inc.,
from Tony D. McNeal, Engineer, Bureau of Coastal Engineering
and Regulation, Department of Natural Resources, re: Notice
to Proceed Withheld; Permit Number: CO-307, Permittee Name:
Westinghouse Communities of Naples, Inc. Copies to Nell
Dotrill, Harry Huber, Frank Brutt, and filed.
Letter dated 4/24/91, to BCC from Tony D. McNeal, Engineer,
Bureau of Coastal Engineering and Regulation, Department of
Natural Resources, re: Public Notice; File Number C0-307;
Permittee: Westinghouse Communities of Naples, Inc. Copies
to Nell Dotrill, Frank Brutt, and filed.
Copy to BCC of letter dated 5/1/91, to Cathy Henke, from Tony
D. McNeal, Engineer, Bureau of Coastal Engineering and
Regulation, Department of Natural Resources, re:
After-the-Fact Permit Approval and Assessment of
Administrative Fine; Approval of Governor and Cabinet
Permit: CO-269 ATF CF; Permittee Name: Edward R. Rolquin.
Copies to Hell Dotrill, Frank Brutt, and filed.
Issued 4/25/91, Notice of Hearing before the Florida Public
Service Commission, to Florida Power Corporation, Florida
Power & Light Company, Tampa Electric Company, Gulf Power
Company and All Other Interested Persons; Docket No.
Page 39
20.
21.
22.'
23.
24.
May 14, 1991
910004-EU, Planning Hearings on load forecasts, generation
expansion plans, and cogeneration prices for Florida's
electric utilities. Copies to Mark Lawson, Mike Arnold, and
filed.
Letter dated 4/25/91, to Commissioner Goodnight from Robert
L. Patton, Controller, Collier County Tax Collector's Office,
re: distribution of Current Ad Valorem Tax. Filed.
Letter dated 5/2/91, to BGC and Thomas Gallagher, Insurance
Commissioner, Department of Insurance, from Peter T. Wlasuk,
Hatter, Secrest & Emery, Attorneys at Law, re: Claim of
Vickie Lynn Galvin. Copy to Ken Guylet, and filed.
Letter dated 5/2/91, to Chairman, BCC, from Michael R.N.
McDonnell, McDonnell Trial Lawyers, re: Claim of David and
Lorene Messick against Collier County, FL, for the Estate of
Arthur D. Messick. Copies to Nell Derrill, Ken Cuyler, J.
Walker, and filed.
Minutes Received and Filed:
A. Amended Agenda for WMAB meeting of 5/8/91.
Marco Island Beachfront Renourlshment Advisory Committee
Minutes of 4/3/91.
C. Library Advisory Board Minutes of 3/28/91.
Golden Gate Estates Citizens Advisory Committee Minutes
of 3/22/91.
Invitation to Seventh Annual Meeting of the District
~lght Alcohol, Drug Abuse and Mental Health Plannln9
Council on Friday 5/17/91.
Golden Gate Parkway Beautlftcatton Agenda for 5/14/91
and Minutes of 4/9/91.
Marco Island Beachfront Renourlshment Advisory Committee
Agenda for 5/1/91.
H. Pelican Bay Advisory Committee Minutes c,f 4/10/91.
Marco Island Beauttftcation Advisory Committee Agenda
for 5/7/91.
J. CCPC Agenda for 5/2/91 and Minutes of 4/4/91.
Collier County Parks and Hecr..tlon Advl,ory Bo~r,l
Agenda for 4/24/91 and Minutes of 3/27/91.
Immokalee Lightin9 & Beautlflcatlon Advisory Committee
Agenda for 4/18/91 and Minutes of 12/15/90.
Notice to Owner dated 4/22/91, to BCC from Craft Equipment
Company, under an order given by Lynch Construction of
Naples, Inc., to furnish and .install mezzanine structure
for Collier County Land Fill, Project #90-380 N. Copies to
Nell Dorrlll, Steve Camell, John Yonkosky, and filed.
Notice to Owner dated 4/25/91, to BCC from H.W. Beaudoin &
Sons, Inc., under and order g.tven by Suncoast Underground,
for concrete curb work for Agmtcultura] Ext off Bldg Noc
1608/2399 041891, Immoki~lee Road. Copies to Nell Dotrill,
Steve Camell, John Yonkosky, and filed.
May 14, 1991
Copy to Collier County of letter dated 4/16/91, to Carol M.
Browner, Secretary, State of Florida Department of
Environmental Regulation, from Dr. Ralph F. Madonna,
President, South Seas Northwest, protesting Notice of Permit
Denial No. 111750199, issued 4/5/91. Copies to Nell Dotrill,
Bill Lorenz, Frank Brutt, and filed.
26.
Notice of Non-Payment dated 4/29/91, to BCC from BCH
Mechanical, Inc., under an order given by R.D. Rutledge &
Son, Inc., for HVAC for Collier Health Services. Copies to
Nell Dotrill, Steve Camell, John ¥onkosky, and filed.
27.
Notice to Owner dated 4/29/91, to BCC from Ferguson
Underground, Inc., under an order given by Dayton
Enterprises, Inc., for pipe, valves and fittings for use In
the construction of water an,i/or wastewater systems for East
Naples Community Park, Job #274. Copies to Nell Dotrill,
John ¥onkosky, Steve Camell, and filed.
28.
Notice to Owner dated 4/30/9[, to BCC from Florida Door
Systems, Inc., under an order given by Armon, Inc., General
Contractors, for material and install foldtng partition, for
Collier County Agriculture Center. Copies to Nell DoFfill,
Steve Camell, John ¥onkosky, and filed.
29.
Notice to Owner dated 4/30/91, to Concerned Citizens of
Collier County, from Grinnell Corporat'lon, under an order
given by Smlth Fire Sprinkler, for fabricated pipe, valves
and fittings for Hopewood Housing, Immokalee. Copies to Nell
Dotrill, Steve Camell, John Yonkosky, and filed.
30.
Notice to Owner dated 4/30/91, to BCC from E, orrell Fire
Systems, under an order given by Barry, Bette & Led, for
halon fire suppression system, for Collier County Library.
Copies to Nell Dotrill, John Yonkosky, Steve Camell, and
filed.
31.
Notice to Owner dated 5/2/91, to BCC from Mack Industries,
under an order given by Lynch Construction for materials fur-
ntshed for improving Frank Mackel Community Center, Marco
Island. Goptes to Nell Dotrill, Steve Garnell, John
Yonkosky, and filed.
32.
Notice to Owner dated 5/3/91, to BCC from Kreh]ing
Industries, Inc., under an order given by Jim Dean Masonry,
for concrete and/or all other related building materials for
property Identified as Section 26, Township 48, Range 5,
Immokalee Road. Copies to Nell Dotrill, Steve Carnell, John
Yonkosky, and filed.
33.
Notice to Owner dated 5/2/91, to BCC from Krehllng
Industries; Inc., under an order given by Jim Dean Masonry,
for concrete and/or all othel. related building materials, for
property Identified as Section 24, Township 50, Range 25,
Thomasson Drive. Copies to Nell Dotrill, John Yonkosky,
Steve Camell, and filed.
Notice to Owner dated 5/3/91, to BCC from H. K. Service
Corporation, under an order Given by Jim Dean Masonry, for
concrete pumping service for property identified as Section
26, Township 48, Range 25, Immokalee Road. Copies to Nell
Dotrill, John ¥onkosky, Steve Camell, and filed.
35.
Letter dated 4/29/91, to BCC from Neale Montgomery with
Pavese, Garner, Hayerfield, Dalton, Harrison & Jensen,
Attorneys and Counselors at Law, re: Novello v. Collier
County. Copy to Ken Guylet, and filed.
Page 41
May 14~ 1991
36.
Letter dated 4/25/91, to Commissioner Goodnight frola James H.
Stesky, Sissky and Lehman, P.A., Attorneys at Law, enclosing
a certified copy of an Order to Show Cause re: Hubschman
Associates, Ltd., v. Collier County Board of County
Commissioners. Copies to BCC, Ken Cuyler, Nell Dotrill, and
filed.
37.
Letter dated 4/25/9~, to BCC from Benjamin C. Pratt, P.E.,
P.L.S., Assistant to the Director, Surface Water Mana~;ement
Division, Fort Myers Area Office, South Florida Wat~r
Management District, re: Notice of Intent to Construct
Works; General Highway Permit and Stormwate~ D]scha~ge
Certif~catJon No: 11-00835-S; Perm~tt~e: Collle~ County
Board of County Gommission,~rs; Project: Gulf Shore Dmive;
Location: Collier County, S~9,32/T4SS/R25E. Copies To Nell
Dorrill, George Archibald, and filed.
38.
Dated 5/2/9! from U.S. Environmental Protection Agency,
Region IV, Waste Management Division, RCRA Branch, Public
Notice No. RCRA-9~FL01, notice of intent to issue hazardous
and solid waste amendments permit under the Resource
Conservation and Recovery Act (RCRA) as amended by the
Hazardous and Solid Waste Amendments of 1984; and from U.S.
Environmental Protection AGency, ~eg~on IV, Waste Management
Division, and Tennessee Department of Conservation, Joint
Public Notice No. 9~TNO02/CERCLA; Acct. #1TYPO4DPN2,
Notfce on deadlines foF submittal of prima~y documents by the
Milan Army Ammunition Plant on the remedlation of hazardous
substances. Copies to Net} DorrJll, Bob Fahey, S. Santos,
and filed.
There being no further business fo. the Good nf the County, the
meeting was adjourned by Order of the Chair - Time: 3:40 P.M.
BOARD OF COUNTY COMMISSIONERS/
BOARD OF ZONING APPEAL$/EX OFFICIO
GOVERNING BOARD(S} OF SPECIAL
DISTRICTS UNDER ITS CONTROL
PA~)0~AIRMAN
"'minutes app/~oved by the Board on
as ~resented J or as corrected
Page 42