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BCC Minutes 02/25/1992 R
Naples, Florida, February 2§, 1992 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 accordSng to law and having conducted business herein, met on this date at 9:00 A.M. in R~OULAR SESSION in Building "F" of the Oovernment Complex, East Naples, Florida, with the fo/lowing members present: CHAIRMAN: Michael J. Volpe VICE-CHAIRMAN: Richard S. Shanahan "" Burr L. Saunders ~. Max A. Hasse, Jr. Patricia A. Goodntght ALSO PRESENT: James C. Giles, Clerk; John Yonkosky, Finance Director; ~-llte Hoffman, Annette Guevtn, and Kathy Meyers, Deputy Clerks; Nail Dorrlll, County Manager; Jennifer Pike, Assistant to the County Manager; Ken Cuy]er, County Attorney; Frank Brutt, Community Development Services Administrator; William Lorenz, Environmental Services Administrator; George Archibald, Transportation Services ; Administrator; Leo Ochs, Administrative Services Administrator; Harry Huber, Tactical Services Supervisor; John BoldS, Water Management Director; Rober~ Wiley, En~tneerin~ Project Manager; Peter Comeau, ~,.~., Stor~ater Utility Manager; David Wetgel, Brenda W~lson, MarJorte ): S~uden~ and Ram~ro Manal~ch, Assistant County Attorneys; Russ ~uller, Transportation Project Management Engineer; Tom Olliff, Public Services Administrator; Mtchele Edwards and David Weeks, Planners; Sue ~:,.:. Fllson, Administrative A~slstant ~o the Board; and Deputy Byron Page Xtm~ ~3A iA~[DA - AFFROV~D NITH CBANGES February 25, ~992 Comm~8olonar Shanah&n moved, oeconded by Conieeloner Haeee and c~u'rled unanimously that the agenda be approved with the following c~: 2e Item #6E - To have the BCC adopt a resolution extending the maturity dates for three notes Issued under the Line of Credit - Added (Requested by the Clerk). Item #8H1 - Appointments to Industrial Development Authority, Housing Finance Authority and Health Facilities - Added. Item #16D1 - Recommendation to award Bid #92-1828 for Generator Maintenance and Repair - Deleted. (Requested by Staff). Item #16E4 - Recommendation to approve and execute a Limited Use License Agreement between the Golden Gate Christian Center, a Not-for-profit Florida Corporation and Collier County approve the use of County-owned property for revival meetings - Deleted. (Requested by Staff). Item #16E3 - Recommendation to approve a listing of qualified appraisers pursuant to RFP #91-1799 for County Appraisal Assignments - Deleted. (Requested by Staff). Items 8G1 and 12C5 - To be heard be together as Companion Items. Item #16H! - Recommendation that the BCC amend the contract for the extension of Rights-of-way Maintenance Service for the Pelican Bay Services Division - Deleted. (Requested by Staff). Item #IOA - Update on the status of the legislation r~garding the Tourist Dev,:lepta,ne Tax - Added. (Requested by BCC). CON~ENT AGENDA - APPROVED AND/OR ADOPTKD The ~otton for approval of the Consent Agenda to noted under Itea #16. Ztu~A PI~E~TATXO~ BY ED BUCOLIC, PaZSIDZNT OF WIGGINS PASS CONSERVANCY, ~ IN ~ ~ OF 0105,800, FOR MZOQZNS PASS ~I~ANC~ D~ZNQ - ~ ACC~D Mr. Ed Buckler, President, Wiggins Pass Conservancy, presented the Commission with a check t.n the amount of 8105,800. He announced that Page 2 February 25, 1992 the Conservancy has fulfilled its obligation for the successful ~'completion of the Wiggins Pass dredging. No action was required on this item. The Commission accepted the check from the Conservancy in the amount of 8105,800. ltmm~ ~nd BUDGET AMeNDMeNTS 92-159/92-162 - ADOPTED Comts.toner Hasse soved, meconded by Comtssloner Saundsrs ~nd c~rled unant~ouml¥, that Budget A~end~ents 92-I~9 through 92-162 be IIOIT]ILY INTERIM FINANCIJLL INFORMATION - PRESENTED Finance Director Yonkosky presented the four month budget to actual report for the County-wide general fund, four month budget to actual report on impact fees and developmental service charges, and a schedule of pooled cash by fund as of 1/31/92. Mr. Yonkosky explained that the revenue percentages indicate that there are no particular areas that should be pointed out at this time. Mr. Yonkosky called attention to impact fees and Community Development charges, noting that road impact fees are slightly behind, Regional Park and Community Park impact fees are slightly ahead of last year, Library impact fees are running slightly behind, and water/sewer fees are running considerably ahead of last year. He ~ndicated that the budget figures are pretty much on track. Mr. Yonkosky reported that the schedule of pooled cash reflect/~ several negative balances and most of these deal with grants. In response to Commissioner Volpe, Mr. Yonkosky revealed that the budget for general fund interest income reflects $581,500, however, $216,796 has already been recognized for this fiscal year, therefore, the income interest portion is ahead of what was anticipated. No action required on this item. It~OLUTZOI 92-145, JLM~I)zNa RESOLUTIONS 90-465~ 91-153 AKD 91-284~ RE LIM~ OP CI~DXT MXTI! SUN BANK, MATIOMAL ASSOCIATION, BY MODIFYING FINAL MATUItIT~ DATE FOR MOTES - ADOPTED 0.9 Page 3 February 25, 1992 4.... Finance Director Yonkosky stated that this resolution provtdeo for the authority to extend for one year, the maturity dates for three, notes issued under the line of credit. Mr. Yonkosky report,~d that the notes Involve community improve- ments at the Main Library as per Resolution 91-154; improvements at the three Community Parks; and Improvements at the Naples Production Park, Mr. Yonkosky requested that the final maturity dates be modified on the three notes and approval for the necessary budget amendments. Commissioner S~undarm Boved, seconded by Con~ss~oner Shanahan ~nd c~rriad unonimouely, that Reeolution 92-145 be adopted and that budget mnd~ents be approved. 000 ,,, lO Page 4 February 25, 1992 ' FETITZON FU-90-1, MR. ~ B. ~T OF ~~ & ~O~, ~~Z~G ~~ ~~l~ OF SO--ST ~0RZD&, INC., ~q~STZNG ~ZON OF ~:~ ~SZO~ US~ ~R ~OP~ ~A~D ~ST OF C.R. 952 ~ ~OR~ OF Community Development Services Administrator Bruit advised that this Item ia a request for an extension of a Provisional Use, now called a Conditional Use. He revealed that this ts an excavation pro- Jsct and noted that at the time this petition was presented a year ago, the contractor had difficulties tn that he had extended his actt- vtttes beyond the limits of the ownership of the work he was doing which resulted tn environmental problems. Mr. Bruit stated that the environmental mitigation Issues have bens completed and staff issued an excavation permit on December 9, 1991. He indicated that staff recommends an extension for a period of one ]fear. Commissioner Volpe recalled that the prior site excavator currently owes the County $38,000, and questioned whether any arrange- manta have been made for reimbursement of same. Mr. Bruit remarked that Planner Bellows made telephone calls last evening at 5:00 P.M. relative to this issue, but noted he ts unaware of the results of the communications. There were no speakers. ~ et&ff'~ recommendation to approve the extension of Petition Commissioner Shanahan suggested thai staff follow up on the $38,000 owed to the County. Finance Director Yonkosk¥ divulged that the money ts for the widening and Improvements of Sable Palm Road. He Indicated that staff was directed to do the improvements and then collect the money from -ii ..the excavator. ;!~' Coutsaloner Goodntght stated that she believes that a road --.-:contractor actually did the work at their cost, per County specifics- 21 Page 5 February 25, 1992 tions. She remarked that she is uncertain whether any monies are owed to the County. Due to Transportation Services Administrator Archibald's absence from the meeting at this time, it was decided that this Item should be continued to later in the meeting. ~Aoner Shanahan withdrew hie atot~on. Co~a~u~oner ~rlng later d~scusstone ~n the meeting, this Item was continued for two weeks. ~L~IO~ 92-146, ~-89-21, ~. ~~ A. ~S~~, ~S~IN~ ~ITA M. PI~, ~Q~STING ~ ~ION OF ~SlO~ USH ~R ~OP~ LOCATED IN ~E "C-I/T' ZONIN~ DIS~ICT - Community Development Services Administrator Brutt stated that the petitioner is requesting an extension of a provisional use (conditional use) relating to the Ptttman Funeral Home to add parking facilities. He announced that due to the County's utility work in the local area, the petitioner's project has been delayed, resulting in the request for a one year extension. Mr. Brutt indicated that staff recommends the one year extension, ms requested. Oe~teelon~r Bases ~oved, seconded by Conieeioner Saundere and c~ed unamia~usly, to approve & one year extension of Petition PU-Sg-21, th~reb~ adopting Resolution 92-146. ii 22 Page 6 ZI:mB d~4i 2. February 25, 1992 This item was heard In conjunction with Item #12C5. Environmental Services Administrator Lorenz indicated that the purpose of this item is to present to the Commission, the rate metho- dology for a variety of service levels with regard to Stormwater Management, action plan for collecting rates for FY 92/93, and a reso- lution relating to the uniform method of collecting the fees. Mr. Lorenz announced if a decision is delayed indefinitely, con- sideration would need to be given to Increasing the millage rate in order to meet the existing Levels of Service. Stormwater Utility Manager Comeau presented a series of slides depicting program needs, cost of service levels, rate methodology and respective rates for the proposed benefit units. Mr. Comeau explained the proposed program which identifies costs to be approximately $2.1 million for the first year. He noted that by the fifth year, $8.7 mil/ton would be needed for the funding level / to maintain operations, maintenance and capital programs for the twenty years. Mr. Comsau called attention to five rate scenarios for the Board's consideration, with cost~ ranging from $1,224,800 - $4 418,300 Mr. Comeau provided a hanclout detailing his slide presentation, pointing out that benefit: with dollars received would be matched and therefore, the Urban, Estates, Northeast Collier and Southeast Co/l/er areas would have different rates based on the programs received. In response to Commissioner Shanahan, Mr. Comeau advised that EPA will be adopting a rule indicating that any and all cities and coun- ties with a population over 100,000 in 1980 would need to comply with the new atormwatsr regulations0 however Collier County did not fall under that criteria. He related that In lg90, Collier County's popu- lation exceeded 100,000 and those reffulatlons would now apply. 30 Page 7 February 25, 1992 In answer to Commissioner maunders. Assistant County Attorney Weigel advised that with regard to the emergency element of the pre- aentatton, the scenario contemplated Is to have the possibility for implementation and the potential for an assessment to go forward beginning this fall tn the billing process. He Indicated that In order for the work to be completed at the end of Phase I and Phase 2 that work must go forward In order for rates to be established and approved by the Board for the various tiers as outlined. Mr. Comeau reported that the establishment of the emergency is for purposes of waiving competitive selection and the naming of the new consultant due to the change of staffing with the former consultant. Commissioner Saunder~ remarked that he has no problem with the request to waive the competitive bidding for purposes to continue on with the study, but cited he does have a problem with the statement that there are or will be federal requirements for Collier County to do certain things. He noted that he would like to ese a legal analy- sis of the actual things that Collier County ts required to do, before voting to implement the stormwater utility. Mr. Comeau explained that the only thing that will be updated on the federal register ts the census figures from 1980 to 1990. He related that he will be happy to forward to the Commission the federal register and the applications that outline the requirements to move forward. At this time the Co.mission discussed the various rate methodology :scenarios. · Engineering Project Manager Wiley updated the Commission on the City Council's Workshop which was held on February 24, 1992. In response to Commissioner Hasse, Mr. Comeau advised that rest- dents living tn Immokalee would not contribute for support of a capi- tal project tn the urban area. ese l%e~'ee~e~: 10:40 A.M. .- ~convened: 10:45 A.M. et which tl~e Deputy Clerk ~u~vln r,~laced Deputy Clerk HoffBan ese The following people spoke against the stormwater management program, stating the project does not affect concurrency; the program O00P, 31 ag.. February 25, 1992 la highly proactive and unnecessary for the foreseeable future; other projects such as roads should be addressed first; In the interest of consolidation and government efficiency, the stormwater utility opera- ttons should be combined with another department, such as transpor- tation; localities with a particular problem should establish M.S.T.U.'s for this purpose; the results of a survey indicate that more than 50~ of the citizens do not want a stormwater utility no matter who pays for it; the program will be very expensive without producing the desired results; and areas An Golden Gate Estates are inundated in the summer months by stormwater, however, people cannot afford to pay additional taxes: John Norris, East Naples Civic Association George Keller, Collier County Civic Federation Earl Marlin, East Naples Civic Association Charles Stephan Gilbert Erlichman, representing TAG The following people spoke An favor of the program, stating it is time to resolve these problems which have been investigated for many years; Scenario III should be the Staff recommendation approved by the Board, which will be the most reasonable approach at this point An time while enhancing the current level of service for operations and maintenance; relief ts needed from heavy rains which fill streets with 5-6 inches of water in the Marco Shores area; development in East Naples has caused serious drainage problems in the area of Bayshore Drive that in the past had a natural flow of water; deterioration of infrastructure is dramatically accelerated because of penetration by the annual groundwater table; it is prudent to recognize that a storm event will occur, therefore, the County should make capita/ improve- ments before that happens; many improvements are needed to the secon- dary system in Collier County; and a series of M.S.T.U.'s will not work, because unless the issue is approached through the entire basin watershed, the problems will not be solved: Frank Ross, representing Riviera Golf Estates Fred Vidzes Carl Geller, representing homeowners of Marco Shores Estates Jack Pointer, representing Willoughby Acres Mary Opal Smith BAil Barton Mlchael Slayton, Big Cypress Basin Administrator Page 9 February 25, 1992 ~sal~ne~ Saunders ~ov~d, seconded by Comle~lone~ ~x ~d ~~ ~~ly, to clo~e t~ ~bllc ~ng. Commissioner Saundere commented that flood control has been focused on as the rationale for the stormwater utility system. said there are several other reasons for stormwater management He Including controlling runoff of water to maximize recharge to super- ficial aquifers and providing more natural timing for fresh water to run off into Florida Bay or into the estuartne areas. He said storm- water management also controls the runoff of pollutant laden water into Naples Bay. He indicated, however, he does not believe there is a need to declare an emergency, because the Board can accomplish what ia being requested in this Fiscal Year. Mr. Comeau advised that under the scenario for Fiscal Year 1992/1993, the deadline cannot be met unless an emergency is declared by March 31st. Commissioner Saunder~ suggested the Board direct Staff on which of · the five scenarios will be selected. He said he ts Inclined to direct Staff to consider Scenario III or Scenario IV as the target. He orated Scenario III will establish the stormwater system at relatively low rates, averaging $25 per year for the typical resident, which will provide a stable funding source. In order to consider Scenario IV, he said, more explanation is needed regarding what specific projects will be recommended for actual con~tructton in the first three years in Water Management District #6. Commissioner Hasse stated he will support Scenario III which will place the minimum burden on everyone. Commissioner Goodnight concurred, adding when flooding occurred tn Golden Gate Estates during the past summer, money was not available maintain the canals to keep the water from backing up. Commissioner Shanahan communicated during that same period of time, Lely Hibiscus and Lely Flamingo Golf Courses as well as golf courses at Eagle Creek, Marco Shores and Naples Shores were closed because of the flooding conditions. Be indicated he supports the five Page 10 February 25, 1992 goals of the program and believes the basin-by-basin approach to be the most effective method. He agreed with Co,missioner Saunders, however, that declaration of an emergency is unwarranted. He added his support for Scenario rlI untt! Collier County discovers what the federal and State governments will mandate. Coulesioner Volpe remarked that meetings have been held to eoll-. c~t public Input, and Staff has not been able to convince a majority off residents that this program requires their endorsement, even though the survey took place during the rainy season. He asked if anything Is being done to alleviat,~ the maintenance problems with current funding mechanisms? Mr. Comeau stated that ad valorem assessment has no relation to how ~uch stormwater ts being generated. He said the mechanism and methodology being present~d ia the moat equitable means of raising funds based on bene~l~ and contribution to the problem. Co~esioner Volpe ~nqulred wha~ will be done with areas such as Pelican Bay ~hose residents pay a separate ~ee for maintenance of ~helr stor~ater drainage system? Hr. Comeau reported Pelican Bay Is a self-contained sys~e~ ~ha~ does not drain ~nto the s~condary system. He sa~d they w~ll be set up as a neighborhood unit and ~n case the County takes over operations ~d maintenance of their ~rogram, the mon~ee w~ll be available to sup- port ~ha~ function. W~th regard ~o County-w~de benefits ~hat canno~ be ~dent~f~ed to any one ~pec~f~c geographic area, he sa~d, Pelican Bay w~l~ contribute to those programs. Co~ee~oner Saunders questioned ~f ~he only need for a dec/ara- t~on of emergency ~s because David M. Grtfftth a Associates, Ltd. (DMG) has lost key staff nembere and Roy F. Weeton, Inc., has people f~tlAar with this project? Mr. Comeau advAsed the ma~n reason for the declaration of emergency As in order to implement the stormwater utility for the next budget cycle for ~ 9S, n~got~at~ons must be completed w~th a firm by ffi 000. 34 Page 11 February 25, 1992 March 31st and by June 1st, the master account must be completed as well aa finalized rates. County Manager Dorrill suggested that all reference to declaration of an emergency be removed, and Staff will attempt to negotiate an agreement with DMG and the sub-consultant. He said failure to do that will, however, cause this discussion to come back to the Board of County Commissioners. Commissioner Volpe asked tn what year will a fee begin to be charged to residents if the Board adopts Staffts recommendations? Mr. Comeau replied tf Staff Is successful In negotiations with DMG and is diligent in moving forward, the program may be Implemented for FY 93. County Manager Dorrtll clarified tn that case, the fee will be charged when the property bills are sent in November 1992, for the 1993 Fiscal Year. Co~alsstoner Volpe asked if the Board should be concerned with the inclusion of non ad valorem fees on tax bills? Assistant County Attorney Wetgel responded that Issue t$ always one of concern and requires close coordination with the Property Appraiser and Tax Collector. He explained there is an absolute: requirement that there be an ability to merge the assessment roll for any assessment district with the property tax rolls. He said if they do not successfully merge, the Tax Collector retains the Statutory authority to break them out In order to bill them successfully. He indicated the companion resolution to this item merely sets the stage to have the potential to go forward with a non-ad valorem assessment. In response to Commissioner Volpe, Mr. Comeau stated tn Phase I, roughly 80,000 parcels of land have been identified, which will increase to 100,000 in Phase II. Coaatsetoner Shanahan asked what other Counties in the State have Implemented a stor~water utility? Mr. Comeau answered in the State of Florida, approximately 35 anlntcipaltttes and five Counties have Implemented some type of storm- 000. 35 Page 12 February 25, 1992 water program. Cc~ttwmioner Smunders moved, seconded by Commissioner Goodntght, ~ kena~lo III, recognizing the Board can ~ake changes; and that Staff rmcom~m~datione l, 2, 3, and 4 are approved, recommendation 5 deleted, mod there la no declaration of emergency. Commissioner Shanahan asked that Staff provide the Board with wha- tever mandates will be imposed on Collier County as soon as they are available. Commissioner Hesse suggested that Staff be directed to look Into the individual instances the Board has been made aware of in this meeting, utilizing existing Staff to handle those problems. County Manager Dorrtll advised it Is the plan to bring back to the Board a budget amendment ~hat would allow Staff to do some of the iso- lated projects which are mot otherwise provided for in the budget. Mr. Comeau asked that the motion include approval of the Phase II action plan schedule, which is attached to the Executive Summary. Cmmttm~Ionmr Smundmra amended the motion, seconded by Commissioner Good~t~ht, te include the above. In answer to Commissioner Volpe, Mr. Comeau stated by approving the Phase II action plan schedule, the Board ts not final~zing the actual dollar amount. He said Staff will proceed with Scenario III and return to the Board between June 1st and September 15th to request adoption of ~he final rate for this assessment program. O~ ca/1 for the question, the motion carried unanimously. ttt~OM~lON 92-14~ SET~ZNG I~RT~ lq~ ZNT~ ~0 USE TEE OF COLLECTING THE STORt~MAI~R MANAGEMENT SPECIAL ASSKSSMENT~ AS NON-AD VALOKEM A~S~S~I~NTS FO~ T~ UNINCORPORATED AREA OF COLLIER COUNTY - Legal notice having been published in the Naples Dally News on January 28, February 4, February 11 and February 18, 1992, as evi- denced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider a resolution setting forth the Intent Page 13 February 25, 1992 to use the uniform method of collecting the stormwater management spe- cial assessments as non-ad valorem assessments for the unincorporated area of Collier County. This item was discussed An conjunction with Item #8G1. Coesaiseioner S&undere ~oved, laconded by Colteeloner Ooodntght 13~ CIZTte~ unanlmly, to ~opt Resolution 92-147 letting forth the intent of the Board of County Co~ltlelonere to uae the untforl lethod of collecting the ItorlNiter lenageeent special assee~entl Is non-ad v~lorell uSe~l~ente for the unincorporated area of Collier County. Page 14 February 25, 1992 ese Recems~d 12:40 P.M. - Reconvened 12:50 P.M. at which ttm D~I~U~F Clerk Meyers replaced Deputy Clerk Guevtn ese 92-148 APPOINTINO BARBARA MINCH AND JOBN A(INELLI AND P~tFt~I~FflN~ J. R. HUMPHREY TO THE COLLIER COUNTY INDUSTRIAL AUTHORITY - ADOPTED County Attorney Cuyl,~r summarized that this resolution ts for appointments and reappolntments to the Collier County Industrial Development Authority and Includes the expiration of terms of those persons that are being appointed. Mr. Cuyler pointed out that Mr. Plckworth's letter Is not accurate, and he is not present to clarify it. Mr. Cuyler commented that the County Attorney*s office has assisted with the preparation of the review, as well as copying and forwarding the documents for this presentation to the Board. He wanted the Board to know that his office has cooperated to the fullest extent. There were no speakers. ~e~t~loner S~unders ~oved, seconded by Comlsstoner Shan~han and j, c~-r~ed ~at~mml¥, to ~opt Resolution 92-148 appointing Barbara Ninth smd John Agnslll and reappointing J. R. Humphrey to the Collier Covat~f I~hmtrtal Development Authority. Commissioner Volpe informed the Board that this Authority is holding a public hearing and that was partly the reason for this item being added no~, and that they will be doing some refunding and refi- nancing. He added that this Is one of the independent special districts, which Collier County agreed to pay for the required audit, '~' and when there Is a bonding resolution the County will be reimbursed. "; Co.missioner Volpe asked Mr. Cuyler to address Mr. Ptckworth con- cerntng this matter. Page 15 February 25, 1992 Zte~H2 R~OLUTZON 92-149 KEAPPOINTZNQ CHARLES D&UR&Y, 3R. TO COLLZ~R COUNTY FINANCE AUTHORTTIf - AT~PT~D Mr. Cu¥1er summarized that this resolution ts for A reappolntment to the Collier County Housing Finance Authority and ts similar to the previous resolution. There wore no speakers. Omem/~l~r Shanah~n~, seconded by CocA.stoner Goodntght ~ C~ZTte~ ~m~nt~ly, to a~op~ Resolution 92-149 reappointing Charles D~uray, Jr. to Colller County Housing Finance &uthorlt¥. Page 16 ~OLI2TXO~I 92-150 ~OZRTZIqG RALF~ BL&XSD~LL AND ~DMARD OATHS, 3~. TO COL~T~I~ ~ ~tLT]I FACZLZTZ~ AUTHORITY - ADOP~gD ~'"' T~ere ~ere no speakers. ~ Ce~eaA~i~r ~odnl~ht ~oved, eeconded b~ Co-~tea/oner 5au~derm a~d ~A~ ~A~I~, to ~opt Re~olutAon 92-150 rea~AntAn~ ~lph ' , Blal~ll ~d ~d ~ea, ~r. to Collier C~ Health FacA1Atie~ Au t~i~. ~abru&z-~ 25, ~992 PETITION PU-90-1, MR. T][OgiAS B. HART OF ~ & KNOTT, R~PRESEI~I'INO CO~l[ PROPERTIES OF SOUTHNEST FLORIDA, INC., R~QU~STING AN IOCTEN$ION OF PROVISIONAL USE 90-! FOR PROPERTY LOCATED 3.5 MILES EAST OF C.R. 951 AND .25 MILKS NORTH OF SABLE PALM ROAD - CONTINUED UNTIL 3/10/92 In response to Commissioner Volpe's inquiry regarding the money owed the County, Ms. Pike confirmed that Mr. Dorrill has contacted Mr. Archibald on thio item. County Manager Dorrtll orated that there is an agreement for which there lo security, but he reco~ends that this be continued for two weeko. C~l~ioner Saundare ~ved, oacondad by Coniaaloner Shm~ mhd ~m=Tl~ ~i~l~, to continua this ~titlon for ~ ~. ~IC ~ ON G~ TOPICS Adolph Carrozza, residing at Palm River Mobile Park, 793 Walkerbtlt Drive, #C-6, stated that his mobile home is an Illegal otructure, because It hao a permanent addition and mobile parka are not classified for any permanent structure. He read a list of viola- ttono that he has uncovered from further Investigation, both Involving. his home as well as others In the park. Commissioner Volpe thanked Mr. Carrozza for bringing this to the Board's attention, and that Commissioner Volpe, as well as officials from Code Enforcement and Development Services would vtott the park to see firsthand the alleged violations. ORDI~ 92-1~, R~ PETITION R-92-1, GROWTH PLA~NINO DEPARTMENT ~ AN ORDINANCE AMENDING ORDINANCE 91-102, THE COLLIER COUNTY LiED I~VB~,O~ CODE R~(IARDING A R~ZONI[ FROM C-4 TO RMF-6 WITH A D~N~ITTCAP OP 3 UNIT~ PER ACR~, FOR PROPERTY LOCATED ON THE EAST SIDE OF U.S. 41 n~d 3/4 MILE SOUTH OF TH~ LEE COUNTY LINE - ADOPTED NITH C-3 ZONING AND OTHER CHANGES Legal notice having been published in the Naples Daily News on February 25, 1992, as evidenced by Affidavit of Publication flied with the Clerk, public hearing was opened to consider Petition R-92-1 regarding property on the east olde of U.S. 41, south of the Lee Page 18 February 25, ~992 County line. David Weeks, Senior Planner with Growth Planning, stated that the ~ubJect property is located on the east side of U.S. 41, approximately 3/4 of a mile south of the Lee Co,tnty line and about ~ mile north of the intersection of Old 41 and new 41. He reported that the property contains 9.6 acres, and 2.5 acres are environmentally sensitive habi- tat. He stated that the purpose of this Petition is to rezone the property to RMF-6 with a density cap of 3 units per acre. Using the zoning map (page 8 in the Executive Summary) he Identified the i following surrounding properties: a) North and south adjacent to the subject property are propertif~s undeveloped and zoned Agricultural= b) Northeast is the Cypress Head PUD, a 200 acre PUD that allows single family and mu/ti-family uses at a density of 3.7 units per acre; c) East ts the Meadow Brook Estates PUD with a density of 9 units per acre of multi-family and ACLF (Adult Congregate Living Facility) uses; d) West across 41 is the Retreat PUD and Village Place PUD (southwest). The Retreat PUD ts about 75~ constructed, with multi-family and ACLF uses, with a density of 3.6 units per acre. The Village Place PUD ts undeveloped, allowing multi- family units with a density of 5.6 units per acre (this density is not consistent with the Growth Management Plan and is under appeal). In response to Commissioner Hasse, Mr. Weeks reported that staff's recommendation Is to rezone the property to RMF-6 with a density cap ?' of 3 units per acre. In answer to Commissioner Volpe, Mr. Weeks noted that the parcel to the south is zoned Agricultural and allows 1 unit per 5 acres, and added that s~taff said that this property as well as the property to the north will be rezoned to some urban district, st some future date. Mr. Weeks disclosed that the subject property and the surrounding Page 19 February 2§, 1992 parcels are designated on the future land use map as urban residen- tial, and will be under the same limitations for future development with one exception - the density on the property, for residential development could be approved up to Z6 units per acre, as long as it ts deemed compatible with The surrounding properties. He confirmed that the Collier County Planning Commiss~on recom- mends the conversion of commercial provision be utilized and to rezone the property to a multi-family district at 9 units per acre, with a requirement to interconnect with the property to the north, or cap the density at 8 units per acre if not Interconnected. Mr. Weeks summarized that Staff ts recommending a density of three ttntts and not 16, and referred to the Zoning Reevaluation Program and its purpose - to lower d~!nstty and do away with unnecessary commercial ~on~ng that is In inappropriate locations. He mentioned that uti- lizing the base density will have The least impact upon the demand for public services and facilities in the future. He restated the Planning Co~mission's recommendation Is to rezone to RMF-Z2 with a density cap of 9 units per acre with an ~nterconnection to the north, or if no tnterconnection ts made, a density cap of 8 units per acre. Debb~e M. Orshefsky, the attorney representing the properl-~ owner, stated that the property ts not appropriate for residential use, since it ~a only 10 acres - $ acres would have to be preserved for wetlands, 2 acres would have to be used for buffering, leaving only § acres of usable area. She stated that the property fronts a major roadway and currently has between 2~,000 and ~2,000 vehicles per day; by the year ~000, when U.S. 41 Is six-laned, she anticipates it to have between 39,000 and §0,000 vehicles per day. She referred to Dr. Tanner, a noise expert, who verified that tn order to mitigate the noise and fumes associated with this level of traffic, a ZOO' buffer along the west, north and south boundary would be required as well as a wall. She informed the Board that the buffers would be stm~lar to those tn Pelican Bay, and restated that this ~s only a 10 acre parcel. She specified that her client ts requesting that the zoning remain C-4, or ffi 000. 49 Page 20 ,~, , February 25, 1992 ~:' rezoned to a C-3 category with a limit of 60,000 square feet of use · and a maximum height of two stories. She said she believes that these limitations will maintain a low scale level that is consistent with residential uses, (that may surround the subject property in the future), and could provide the type of neighborhood commercial that could be useful, incorporating some professional offices. In response to Commissioner Shanahan, Ms. Orshefsky pointed out that the CF (Community Facility) designation would be appropriate if this was an institution requesting same; that it is something that should be initiated by someone who is within the fraternal organiza- tion or institution. She pointed out that she is representing a vate landowner and limiting the uses to CF would be inappropriate. In response to Commissioner Shanahan, Ms. Orshefsky confirmed that the Planning Commission's recommendation for the subject property is inappropriate because the land would lack marketability as residential property. In response to Commissioner Volpe, Ms. Orshefsky agreed that the property owner could combine this parcel with another, but It would put a burden on the landowner to go to a land assembly program in order to use the property in an appropriate way. Ms. Orshefsky summarized that if the Board wants to rezone the subject property to residential they would have to vote to change this. She commented that both she and the property owner will be happy if this vote is not achieved and the zoning remains as it is. She stated that if the Board wants to go with a commercial designation that is less intense, she would certainly accept the C-3 zoning with the stipulations previously listed. In response to Co~mi~sioner Shanahan, Mr. Weeks stated that ~/ rezoning to 0-3 with the height and square footage limitations would be inconsistent with the Growth Management Plan. In answer to Commissioner Saunders, Mr. Weeks commented that the parcel to the south of the subject property is zoned Agricultural, and he assumes that it will be rezoned to an urban zoning district~ he 50 Page 2 ! .~ . February 25, 1992 '..does not expect a bonaflde agricultural use, given the property's locetton and size. He added that if it ia rezoned, it will be limited to 3 or 4 units per acr~, unless the affordable housing provision As utilized. Ms. Orshefsk¥ point~d out that the PUDs surrounding this property are parcels of substantially greater size, and that this is a critical element tn the marketability of this smaller parcel. In response to Commissioner Volpe, in terms of traffic volume, Mr. Archibald confirmed that the most recent traffic volume study ts 25,000 for this section of U.S. 41. Mr. Archibald cited the current volu~e on Pine Ridge Road ts 30,000, and the intersection of Santa Barbers Boulevard and Radio Road is 20,000. Commissioner Volpe noted that high traffic volumes do exist in areas of Naples that have been developed as residential and multi- family. Mr. Weeks summarized that the properties to the north and the ' south will be 1/m/ted to development consistent with the Growth Nanagement Plan. Ne added that the subject property is zoned commer- cia/ and is inconsistent with the Plan; conversion of the commercial provision ts available and was put in the Plan to encourage property owners to do away with inconsistent commercial zoning. ~~er Shanahan ~crv~d, ~econded b~ Co~mlse~oner ~r~ ~ ~l~ ~~y, to clo~e the ~bltc hearing. Co~tss~oner Hasse commented that he would no~ want to l~ve In an area l~ke th~s that is adjacent to U.S. 41. In response to Commt~eioner Saunders, Mr. Dwayne mentioned that if this ts designated as C-3 with a maximum of 60,000 square feet, the buffers required within the Land Development Code would be a 20 foot buffer along U.S. 41 and a 16 foot buffer adjacent to residential uses. He further noted that the property owner ts wi/ling to double the 15 foot buffers to 30 feet. Commissioner Volpe specified that he ie supportive of the Collier County Planning Commiseton~s recommendation to rezone to RMF-12 with a Page 22 February 25, 1992 density cap of 9 units per acre with an tnterconnectton provided to the north, or 8 units per acre if an intersection ts not provided. He reiterated that the current zoning is inconsistent with the Growth Management Plan. Co.missioner Goodntght expressed her concern over the size of the property and the existence of the wetlands. C~tssioner Hasss ~oved, seconded by Co--lssloner Goodntght, to ~ the ~ubJect property from C-4 to C-3, with · two-story height lt~/t&tto~ and floor area limitation of 60,000 square feet. County Attorney Cuyler restated that the Board cannot be tncon- ~:" glstent with the Plan, and as part of this motion the Board needs to · mks some findings that residential density does not leave the pro- party o~ner with any beneficial use of his property, even though it may be consistent. He reiterated that If the Board rezones the pro- perty to C-3, it needs to make a finding that rezontng to residential would leave no beneficial use to the property owner, nor value to the i~i~ property. ~,~, Upon call for the question, the ~otion failed, 3/2 (Coulast¢~era Volpe ~ad Sam~der~ oi;rposed). ~ ~ ~c~t ~he reception oT the Collier C~ ~~ to ~z~ the ~bJect pr~r~ fro· C-4 to ~~ c~ of 9 ~t. ~r ·cra w~th ~ ~nterco~ectton pr~ded t~ ~h, ~ ~ ~tts ~r ·cra If u Intersection ts ~t pr~ld~. ~ ~11 f~ the ~estton, the wtim fatld, 3/2, Co~tastoner Vo/pe said that this places the Board tn the position that the property would remain C-4. County Attorney Cuyler stated 'ithat another motion could be made. Cc~/uloner Volpe ~oved, seconded by Co~-issionar Shah·hah, to ~o~e the ~ call for the ~e~tion, the ~tton failed 3/2, (Co~tsstoner~ 000,, : 52, Pa~ 23 .' ~ Febl'u~ry 25, 1992 ~.* ~ ~ ~oodnlght opposed). ~~ 4/1 (~l~toner Vol~ o~ed), that Petition R-92-1 ~ ~bJ~t to rezontng the pro~rW from C-4 to C-3, with ~ ~t~t limitation ~d a flor area 21~tta~ton of 50,000 f~t~ tat a ~blo ~ffer ~ tnstall~ ad~acen~ to the north ~ mt~ of t~ pro~rW; t~t the ~ard finds that rez~tng to any ~t~ttal ~ ~ld not leave a ~nef~ctal use to the pro~rW ~r, ~d t~t the OrdJn~ce ae n~red ~d titled ~1~ ~ ~opted ~ ~t~ 1nfo Ordtn~ce ~k Rs. 51: ORDINANCE NO. 92-14 AN ORDINANCE ~EHDING ORDINANCE 91-102, THE COLLIER COUNTY LAND DE~LOPHE~ CODE ~ICH ESTABLISHES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA 0F COLLIER COUNTY, FLORIDA, BY A~END~NG THE OFFICIAL ZON[NG ATLAS HAP NUMBER 8509S; BY CHAHGING THE ZONING CLASSiFICATiON OF THE HEREIN DESCRIBED REAL PROPERTY FRO~ THE C-4, GENE~L CO~ERCIAL ZONING CLASSIFICATION TO THE C-3, CO~ERCIAL INTERHBDIATE ZONING CLASSIFICATION LIHITATIONS, FOR PROPERTY LOCATED ON THE EAST SIDE OF U.S. 41 AND APPROXIMATELY 3/4 HILE SOUTH OF THE LEE COUNTY LINE, LYIN~ SECTION 9, TO.SHIP 48 SOUTH, RANGE 25 EAST, COLL[ER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE. Ns. Orshefsky Indicated that the 50,000 square feet limitation acceptable to the property o~er. ~~ ~2-151 ~ C~I~ D~~ S~I~S DIVISION ~~ ~ ~ O~ CO~ C~ISSIO~ ~Q~Z~ A ~SOL~IOR ~ ~~ ~CATION ~ ~OSK ~SID~I~ ~O~TIES L~NG ~Y ~ P~Z~Y ~N ~ N~LKS ~ICIP~ AI~ NOISE Z0~S ~~ ~ O~ZN~CE ~ 91-40 - ~D Legal notice having been published in the Naples Dally News on February 9, 1992, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider a request from the Community Development Services Division representing the Board of County Commissioners for a resolution to provide notification to those residential properties lying either totally or partially within the Naples Municipal Airport Noise Zones, pursuant to Ordinance No. 91-40, the Airport Noise Ordinance. Mtchelle Edwards, a senior planner in Growth Planning, reported O00,, 53 Page 24 February 25, 1992 that in May, 1991, Ordinance No. 91-40 was adopted, which established the Airport Noise Zone. She stated that within this Ordinance the Growth Planning Department was required to record into public record the estab~ished noise zones, identifying them by legal descriptions, as well as giving proper notification to present and future property owner=. Pursuant to thee Ordinance, she stated that the Growth Planning Department prepared the resolution to serve as official notice to property owners of the potential noise impacts. By doing this, she noted that property owners will be made aware of potential no,aa impacts when doing a title search on their property for a poten- tial sale, or when conducting home improvements, which require building permits. Rosa McIntosh, residing at 1470 13th Avenue North, stated that the notice appears as a matter of title, recorded among the public records. He said that th~s ordinance was designed to protect the Naples Airport, serving the government not the residents. He said he would prefer to receive a notice in the listed in a property abstract. He noted that this action would lower property values. In response to Commi~sioner Hasse, Ms. Edwards stated that at one t~me it was discussed that the property owners would be notified by individual letters, however, when the ordinance was resolved it was deemed that it was legally sufficient to publish notice in the newspaper. She explained that once this resolution has been approved, then staff will provide notice on three separate occasions in the newspaper, as well as send notices to the Collier County Bar Association and the Collier County Board of Realtors. In response to Commissioner Volpe, Ms. Edwards confirmed that the purpose of the notice is to inform the public of the existence of the no~ae zone, and that there may be additional requirements (i.e. aoundproofing) for residential properties within that zone. ~i~sioner H~aa ~c~ed, seconded carrted ummie~u~ly, to close the public hearing. Page 25 February 25, 1992 In answer to Commissioner Volpe, Ms. Edwards stated that It would cost $900 for the advertisements. In response to Commissioner Hasle, Frank Brutt with Community Development Services, recounted that he lives directly under the southeast/northwest flight line, in Lakewood. He said the noise from the planes usually surprise the new property owners. He summarized that this ordinance ts definitely a protection to the person ~u¥tng a ~i" house. MarJorte Student stated that Collier County has a provision in the Comprehensive Plan, that there must be some kind of notification tn the public records. She pointed out that this ordinance ts already tn existence and was adopted some time ago and Incorporated into the Land Development Code. She advised that this resolution will Implement the Comprehensive Plan and meet the requirements that it be listed ~n the :~,!:.~"" public records, and that if each property owner were notified by cer-. tified letter it would not meet this requirement. She noted that it .:.' would be a burdensome task, to notify 500 or 600 property owners by .? certified letter. She determined that the not,ce tn the newspaper ts a more workable way, and that it ia a federal requirement that this appear in the newspaper. ~.~' ~~ ~~y, to a~t ~lolut~on 92-151 r~d~ng ~o~r not~- ficlti~ to pr~rW ~ers k,~thln the Naples ~c~l A~rt Noise ~..~ Page 26 February 25, 1992 Xte~#14 CtKINTT&~ TO &MEND OKDXWC~ FOR MARCO XSLAND BK&UTIY/C&TXOR Jane Hitler, Co-Chairman of the Marco Island Beautification Connittee, stated that their committee Is attempting to have a seven member board at each meeting, or at least a quorum. But, she indi- cared that the member representing the Jaycees of Marco Island has been absent at moat of the meetings. She asked that the BCC help her resolve this matter. She pointed out that tn November this member was not/f/ed by letter to give up his seat, find a replacement, or be con- sistent in coming to the meetings. She stated that she has given each Board member a copy of this letter (copy not provided to the Clerk to the Board). She told the Board this member could not be reached, nor did they have any success in contacting anyone else within this orga- nization and summarized that there ts no interest In serving on this Board. She suggested assigning a member-at-large, and believes It should be someone from the community instead of another club or orga- nization. Commissioner Shanahan stated that all that is required ts to direct the County Attorney to amend the ordinance and change ~he designation from Jaycee to member-at-large. He added 'that the Jaycees still have an option open to them if they want to recommend a person to the advisory board and could still do this through the member-at- large. In response to Commissioner Hasse, County Attorney Cuyler stated that even though a member may be automatically dropped if they miss a certain number of meetings are missed, the designation itself ts stall a problem from an entity, and the ordinance should be amended. Commissioner Volpe restated that the Board ts supportive of the recommendations of the advisory group and the staff liaison, and as Comm/sstoner Shanahan stated, the County Attorney's office ts directed to redraft the ordinance to change the current designation that ext,3ts for the member of the Marco Island Jaycees to a member-at-large, which 74' Page 2 7 February 25, 1992 will have two positions on the advisory board. Commissioner Volpe explained to Ms. Hit/er that the direction has been given to County Attorney Cuyler and he will have to bring back the appropriate amendment to the ordinance that establishes that advi- sory group, then it will have to go through formal notice require- ments. In response to Commissioner Volpe, County Attorney Cuyler stat.d that this would be brought back In thirty (30) days. R~.~TX~ 92-152 R~SCXRDXR3 R~OLUTXON NO. 83-204 ~:~0~ON O~ T~ P~L~CIE~ .UID PROC~DUR]E8 FOR VACATXRG ~II~I~IT~, ROAD RXGHT~-0F-~Y, &RD/OR ALLWAYS, ARD URPL&TT~D PUBLZC D~DZCAT~D ~A~DIT~ - ADOPT:gD Legal notice having been published in the Naples Daily News on Februar~ 9, 1992, as evidenced by Affidavit of Publication fi/ed with the Clerk, public hearing was opened to consider a resolution rescinding Resolution No. 8:3-204 and adopting a new resolution on the policies and procedures for vacating plats, easements, road rights-of- way, and/or alleyways, and unplatted public dedicated easements. Russ Muller, TransportaTion Services Engineer, presented the pro- posed resolution and explalned that it will change the policies and procedures for the vacation of platted, unplatted, and right-of-way properties. He reported that the procedures are set forth within the Florida Statutes, Sections 125 (vacation of unplatted property), 177 (vacation of platted properl:y), and S36 (vacation of right-of-way). He mentioned that the propos,ed resolution wall increase the filing fee from $250 to $1,000, and add,ed that this increase will more accurately reflect the staff time needed to process paperwork and the cost of materials. He added that the new resolution also sets forth the ~olic~ and procedure for each of the aforementioned statutes, noting that within the Executive Summary, Section 336 As Attachment A, 177 As Attachment B, and 125 is Attachment C. In response to Commissioner Volpe, Mr. Muller stated that the policies and procedures for 'vacating easements and rights-of-way were Page 28 February 25, 2992 set forth formally within Rt~soluttons 83-141 and 83-204. In response to Commissioner Hasse, Mr. Muller stated that the cost for review and handling an average vacation Is approximately $~,000. Co~m~slL~ner Goodnlght I~rved, seconded by CouLeetonar C~Tt~ ~ani~u~l¥, to clo~e the ~b~c hearing. ~t~ ~~ly, t~t Re,solution 92-152 rescinding 83-204 ~ ~t~. Page 29 February 25, 1992 Item ~gA DISCUSSION OF PORTOFINO EQUITIES, INC. V. COLLIER COUNTY, FLORIDA AND THE COLLIER COUNTY BOARD OF C0M~ISSIONERS - WITHDRAWN County Attorney Cuyler reported that he was formally deleting this item. Itu ~14 ' ~TAF~ CO~IUNICATIO~ Commissioner Volpe noted that the first public hearing concerning road impact fees will be held on March 11, 1992 at 5:05 P.M. and suggests that the Board direct staff through the County Manager to coordinate all the information available on this Issue so the Board will be amply prepared. He reported that the CBIA has done their own Independent research and that it would be helpful to have this infor- mation. County Manager Dorrill concurred. Commissioner Shanahan mentioned that he would like to be totally prepared for this meeting, and have as much advanced information as possible. Ztu#lOA 1~0~0TI0~ 92-153 SUPPORTING LARGUAG~ OF 87&~ RgPRES~ITTA~I~.~ F~RY ~X~LEN HA~EIN~ ~ING L~GIS~TION ON ~E TO~IST D~LO~ T~ Commissioner Volpe reported that there ts remedial legislation that ts currently before the state legislature, regarding this Issue. Be reported that the bill before the House and the Senate would require a new referendum on the bed tax that would have to be held before January 1, 1993. He expressed that he ts not sure of the final outcome, but tn anticipation of the possibility that another referen- dum would be required, he wants to discuss this with the Board. Commissioner Saunders suggested that the Board should consider advertising the ordinance and expedite the process. County Manager Dorrill advised the Board that the bill, as it Is currently written, is not the bill that ts Intended to serve that corrective action. He asked that the Board direct him on whether a Page 30 February 25, 1992 resolution should be prepared° and for now the Board could go on record by way of resolution stating the preference between the two bills. Commiosioner Goodnlght asserted that the legislature does not have to tell the Board that they can place this on the ballot again, and added that she is appalled that Fred Dudley assumes that special legislation is required to place this back on the ballot. OmahAs,stoner Saunders saved, seconded by Co---tsetoner Shanahan, and carrte~ unani~ousl¥0 that Resolution 92-153 supporting the reme- dial lan~v~ ~u~eted by State Representative ~ar~ Ellen Hawkin~ he adopted; that the County Manager and the County Attorney be direct.ed to transit· this resolution to State Representative Mary Ellen ~a~klns, Senator Dudley, and all pertinent parties; and that the Cou~tyittorne~ be directed to advertise the Tourist Development -.. Ordinance as soon as po:sslble in order to establish a Tourist ~:. Du~elop~,at council. :~:i:. ~ #ilson conftmd that the County Attorney's office has pre- ::-~ pare~ aa ordinance that mll~ a Tourist Development Council to be appointed by resolution. She pointed out that within that o~dtnance, there ia a provision establishing a deadline for the Tourist Derailment Council to provide a plan to the Board; the ordinance does not imclude a plan. She stated that this ts the ordinance that will be a~v~rtt~d. Concerning the two bills, aha clarified that the bills ~htch have cc~e out of the }louse and the Senate co,at·tees are the and are the hills that Senator Dudley has proposed. In her con- v~rsmtions with legal counsel, Nabore Oiblin, in Tallahaseee, aha r~ported that the legal probleu that a referendu~ ~ould cause have not been resolved. missioner Yelps questioned what legal problems a referendu~ would ~au~e, and stated that he ia inclined to return to the alec- rotate with a referendum. ~mda#ilson explained that both the County Attorney's office and I~abor~, Olblin see the ~oet potential for legal challenw fro~ havln~ Page 31 Februar~ 25, 1992 the reter~dua that 1. proposed by the b/Il t~t ham c~ ~t o~ cma- ~tt~. 5~ ~tH t~t the bill t~t ~. ~afted ~ NaCre Gtbltn ~d ~itt~ h~ ~reeentatl~ Ha~ln~ ~ld have solved Collier p~bl~ wAth the least ~tential for challenges, ~ca~e It Aa ~ra- tt~ l~1elatt~. 5he re.fred that the referen~ loaves ~ 1~1 to~s t~t ~ not b~n resolved: 1) ~t to do with the one pe~ that has to ~ used for a pro- f~ol~l ~rte otadi~ if that t~ not included tn the ~t wall ~ ~1o~ ~ the n~ T~tst ~lop~nt C~ctl~ 2) ~t l~al ~ttton Collt~r C~ will ~ tn if the refer~ ~eelmr ~ders n~st~ t~t, as ~rt of the ~ ~t of ~~ntatt~ ll~tns legislation child ~ attac~. ~ Att~ ~lnr not~ t~t there t~ no 1~1 **~A'**NOTE: RESOLUTION NO, 92-153 NOT RECEIVED AS OF JUNE 15, 1992'****~ 9:1. Pa~e 32 · ebrulz7 25, lgg2 ese ~aleeioner Shanahan moved, seconded by Couleelon~r Ha~ee aa~ earTied uaaatmly, that the following ite~ under the con- · e~t a~er.m~a be approved and/or adopted: ese Xte~ ACCEFT~ O:F WATER FACILITIES FOR CRESC~IT GARDENS - NXTH 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 Re~ulation fur- nishes a letter approving the water distribution system for service. 2. Bacteriological testing has met the County's requirements. 3e The Fire Flow requirements of the project have been satisfied, and the Fire DistrAct furnishes a letter accepting the fire hydrant for ownership and maintenance. 4. Receipt of payment of water usage from Utilities for bac- teriological testing. ***DOCU~NT NOT RECEIVED IN CLERK,TO BOARD OFFICE**** Xt~a,l%&2 I~J~OLOTXO~ 92-140, AUTHORIZING FINAL ACCEPTARCE OF ROJU~AY &ND ~ TIII~i~NTS IN PELICAN BAY UNITS 3, ~, 8, 9, 10 AND 11, ~ MAXNTENAN~J~ SECURITY, AND ACCKPTING MAIRTENANCK RESPONSIBILITY FO~T~ I'MP~~$ THAT A~E NOT REQUIRED TO BE MAINTAINED BY THE ~ J~SO~IATION See Page /~ 92-141, P~ FINAL PLAT OF "#ATERPARK PLACE AT ~ZC~N ~Y" - Accept the Irrevocable Letter of Credit as security to ~uarantee completion of the subdivision Improvements. 2e Authorize the recording of the Final Plat of "Waterpark Place at Pelican Bay". Authorize the Chairman to execute the Construction and Maintenance Agreement and replat resolution. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. 5e Authorize the Clerk to make proper notation of this action on Parcel "B" of the Pelican Bay Unit Fifteen Plat. Pages /oS- //D Xte~#l&14 AC~3~PT~ (~ ~-'~RXTY FOR EXCAVATION PERMIT NO. 59.390 LOCATED XI SECTION 9, TOM'SHIP 48 SOUTN, RANGE 27 See Pages , , Itl- February 25, 1992 ~E~OLUTIO~ 92-142, AUTHORIZING FINAL ACCEPTANCE OF ROADWAY, DRAINAGE, NATE~AND SI~ER IMFROVEMI~TS IR ROCKY PINES ESTATES UNIT T~O, RELEASE OF TH~ MAINYENANCE SECURITY, AND ACCEPTING THE MAINTENANCE RKHPOBrSIBILITY FOR IMPROVeMEntS THAT ARK NOT REQUIRED TO BE MAINTAINED BY TH~ HC~I~¢)WNKRS ASSOCIATION Item AC~IPT~ (~ FIRE HYD]~FT FACILITIES FOR S~~ICA (~LL~ ~) - ~ ~~TIO~ 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- ntshes a letter approving the water distribution system for eervtce. 2. Bacteriological testing has met the County's requirements. The Fire F/ow requirements of the project have been satisfied. 4. Receipt of payment of water usage from Utilities for bac- teriological testing. RECORDED IN OR BOOK _/7~3 PAGES[~/- ./(:~0 XtuJl6A? AOCEPTANCE OF SEMKR FACILXTIES FOR XNTKKSTATE FOOD COURT (BUR6ER KIR~) -MITH 8TIPTJLATXONS 1. The Florida Department of Environmental Regulation furnishes a letter authorlztn~ the sewer system to be placed in ser- vice. OR Book 1695 Pages 971 - 972 ~ TO THI OOOL CO~CESSXON INC., A CONCESSXONAIR~ AT TIG~RTAIL B~%~~ RKTROAOTIVK TO AUGUST ~, ~991 THROUGH JAJ~ARY S1, ~992 Xteu RESOLUTION 9,2-143, RE LK&S~ AGREEMENT B~TWKKN THE UNITED STAT~S DKPAKTMEBT OF AGRICULTURE - SOIL C0~ATION S~ICE ~ COLLX~ ~: ' ~e~ruar~ 28, ~92 GOq~ITT, F0~ & BKIVICK OlrrlCE ON TH~ PltEMZSBS Or THE COLLXKR COUBTY Itm ,1~D1 - #lthdra~n ~ ~ ~ AG]lOLl, B&RB~R & BRURDAGK, INC. PROF~SSXON&L ~KRV/C~S &GI~:~N~T ~0rR ~3RVNY/RG S~RVZCES FOR TH~ DNR I~EI~IT I~QUXR~D FOR CRO~11~ OF T]~ COCOH&TClt~ RIVER - CItE #854 See Pages ~ &CCKFTA]ICI OF UTILITY ~&S~M~J~I'S &RD CONVEYANCE DOCUMKHT~ R~ l:q3M:P 1.07 AID CAPITAL II'[PRO~ KLEMXRT NO. 834, 16" MATER MAIN J~TZGI OF PROM/SE TO PAY ARD AGRKKMFA~ TO KXTKND PAYMX]FF OF SEWER /MP&gTT ~ ~ YVO~ ARSEI&~T JLRD LEO ARSKRA~T,T Item #16E1 BID ~1-1808, FOR BUILDING "3" I~CH&NIC&L ~YST~I~3 ~OFIT - AN~KI) ~ B I ~ ~~, INC. IR ~ ~ 0F ~99,600 RI~OLUT/O~ 02-144, RE PRICE IRCRKASE FOR BORIAL LOTS AT TIFE LAKE See Page 0 91 h~ 38 Yebruar~ 25, 1992 I%~m ,1~31 ~ ~ T/NB FOR ZRMAT~ NOES. 69404 J~RD 33007 It-mm · ATI~F~'TI~ OF LI~N F~R SB~V/CIS OF TR~ FUBLIC D~D~ See Pages - ~'~t~OU~ COI~W~SPOND~CI - FILKD AND/OR The following miscellaneous correspondence was filed and/or referred to the various departments as indicated below: Collier County Housing Authority Certification Sheet, Annual Financial Report for Fiscal Year Ended 1991. xc: Finance, Nail Dorrill and filed. 2e Collier County Housing Authority, Audit Report dated September 30, 1991. xc: Finance, Budget, Nail Dorrill and filed. Letter dated 2/5/92 to Chairman from John A. Lenaerts, Chief, Bureau of Public Safety Management, Department of Community Affairs, re Notice of Amendment to Rule Chapter 9G-16, Florida Administrative Code. xc: Frank Brutt, Start Lttsinger and filed. Memo dated 1/31/92 to All Small Cities Community Development Block Grant Eligible Communities from Rom Davis, Chief, Bureau of Housing, Department of Community Affairs, re Questions Raised During the FY 1992 Small Cities CDBG Applicant Workshop. xc: Frank Brutt, Stan Litsinger and filed. Letter dated 1/9/92 to Chairman from Lewis O. Burnside, Jr., Director, Division of Housing and Community Development, Department of Community Affairs, re Collier County Community Development Block Grant Contract #90DB-49-og-21-O1-H05. xc: Frank Brutt, Stan Litsinger, Russell Shreeve (original), Commissioner Volpe and filed. Letter dated 2/19/92 to Commissioner Volpe from Ernest Feigenbaum, M.D., M.P.H., Deputy District Administrator for Health, Department of Health and Rehabilitative Services, xc: Finance, Nail Dorrill and filed. Copy of letter dated 2/6/92 to John F. Barber, Project Coordinator, Agnoll, Barber & Brundage, Inc., from Tony D. McNeal, Engineer, Division of Beaches and Shores, Department February 25, 1992 of Natural Resources, re Notice to Proceed Permit Number C0-361, Vistas Condominium Association, Inc. xc: Frank Brutt, Bill Lorenz, Harry Huber and filed. Letter dated 1/29/92 to Commissioner Volpe from W. R. Trefz, P.E., District Secretary, Department of Transportation, re Local Government Cooperative Assistance Program Announcement (50/50). xc: Nail Dorrill, George Archibald and filed. Copy of letter to The Honorable Mike Abrams, Florida House of Representatives from Joseph Freni, Jr., Regional Vice President and General Manager, Ritz Carlton, re the Tourist Development Act of 1977. xc: Ken Cuyler, BCC and filed. 10. Minutes Received and Filed: A. Planning Commission Agenda of 2/20/92 and minutes of 11/21/91 and 12/5/91. 11. Notice to Owner to BCC and Vanderbilt Bay Construction Co., dated 2/7/92, from Southern Prestressed Inc., advising that they have furnished specially manufactured hollow core slabs for Lely Barefoot Bath House. xc: Steve Carnel], John Yonkosky and filed. 12. Copy of letter dated 2/10/92 to A1 Cole, of N. Cole Construction, Inc. from Gary A. Plas, Credit Manager of AJa~ Paving Industries, Inc. of Florida, advising that they are due $24,318.39 for the Collier Village Infrastructure pro- Ject. xc: Steve Carnal1, John Yonkosky and filed. 13. 14. Public Service Commission Order Approving Change in Name of Uttlity for Naples Sewer Company, issued 1/7/91. xc: Mike Arnold and filed. Letter dated 2/19/92 to Chairman from Robert L. Patton, Controller, Collier County Tax Collector's Office, 19 D~stributton of Current Ad Valorem Tax. xc: John Yonkosky, MSke McNees and filed. 15. Certification of Costs, Case #91-3198-TM-CAE, State of Florida v. Jean Craig Smith. xc: Nell Dorrtll, Ken Cuyle= and filed. ~ATI~FACT~ OF LIEN FOR NUISANCE ABATKMKNT OF MARCO r & S INC., L0Y T, BLOCE t$O MARCO BKACH UNIT KI~HT See Page OF LIEN FOE NUISANCK ABATEMENT ON PROPKRTY OF MILDRED A. BLOCK 58 OF NA~ES PARK SUBDIVISION, UNIT NO. 5 Page 37 February 25, 1992 See Page ~,~.-~ / ~TI~FACTION OF LIKE FOR ~IS~CK ~~ 0N ~0P~ OF J~S J. ~ ~ 9~ BELL, L~ 15, BL~K 237, GOLD~ GA~ ~IT N0. 7 ~TI~A~TI~ OF LIEN FOI~ IqUISANCE ABATI~MKNT ON FROPERT~ OF MA~IO B~~T AND ~t~RT &. BONAQUIST, LOT 24, BLOCK 210, UNIT 6, GOLD~N See Page ~T~F~'fI~ OF LIEN FOR NUISANCE ABATEMENT ON FROPEKTT OF MARIO ~~T AND NA~T A. BONAQUIST, LOT 23° BLOCK 210, UNIT 6, GOLDEN · ATI~F&OTIUN OF LIEN FOR NUISANCE ABATeMeNT ON PROPKRTT OF ENRIQUETA D~ ~UTIEI~Z, LOT 17, BI~ 791, OF A ~PLAT OF A PORTION OF MARCO ~TI~FACTIUN OF LIEN FOR NUISANCE ABATEMENT ON PROPERTY OF BLANCO M. LOT 8, BLOCK C, JOYCE PAI~K OF LIEN FOR NUISANCE ABATEMENT ON PROPERTY OF BLANCO M. BLOCK C, JOYU~ PARK ~TI~F~TI(~ 0F LIEN FOR NUISANCE ABATeMeNT ON PROPERTY OF JOHN V. ~ ~f&T~o ~ J. CA~SXLL0, PERSONAL REPRESeNTATIVe, LOT 17, · LO~E 204, OF MARCO BEACH UNIT SKVKN ~ATI~F~TIOW OF LIEN FOR NUISANCE ABATeMeNT ON PROPERTY OF RICHARD K. AND D~NI~ L* ROBISON, LOT 38, BLOCK U, CONNERtS VAND~RBILT ~TA~S, UNIT 3 ~LE~N, E~TELLE J. BELVERIO, LOTS 22 AND 23, BLOCK 285, GOLDEN ~AT~ UNIT ~. 6 See Page ~ATI~FACTI~IN OF LIEN FOR NUISANCE ABATEMENT ON PROPERTY OF FELIX AND ~%RIA ~, T~U~T, A PO~TIO~ OF THE NEST 1/2 OF SECTION 18, TOWNSHIP 80 S~O'Zll, ILfLlaBE 26 EAST ~ebruary 25, 1992 See Page __.._._~~ OF L~I~ le~R NUZSANCK AIMtT"KM~NT ON PROI:~'RTY OF I~ZCI~,NL O. LEgOUt C. SANTO, D~I' 25, LOT 20, N~PLES PARK, UNZT 2 See Page See Page .~,/~.~' ~ ]tOl~3~Z ~ ZLVA Dlt RODRZGU~Z, LOT 16, BLOC~ 31 OF ~tCO B~ACI UNIT ONE See Page ~tTI~F~'~l'lOll OF Lin FOR NUI~IANCK ~, P.~.V*,B.V, ~US~K, LOT 29, BL~ 218 ~CO B~ ~T See Page _____.~~ · I~T'Z~F&CTZON OF LZEN F~R NUISANCE ABA~ ON PROPERTY OF DEZ[RZJGER & ROO2~ P.K.V. ,B.V., TRUSTEE, LOT 29, BLOCK 218 I~tRCO BEACH UNIT SEVEN See Page , ~AT~FA~flON OF LZn ~R ~Z~.~CK ~, P.I.V.,B.V., ~~, See Page OF LZn FOR NUISANCE AB~~ ON PROPKRTT OF DZI~,RCO LOT 21, BLOCK 279 OF I~t.RCO BEACH UNIT ~ZGHT See Page __ ~_~0 ~T~F~'TXO~ OF LZn FOR NUZflANCK AB~ITT ON PROPERTY OF JOlfl~ M. AID ~ART P. SA3~WZCH, LOT 40, BLOCK 206, MARCO BEACH UNIT 25, 1992 ]:' .... ~ATI~'ACTIOI OF LI~31 FOR ~I~;~C~ ~~ ON ~0~ OF ~LLI~ -? ~~, ~I~ ~ ~R ~ B, INC., L~ 32, B~ 184, · ATII~ACTXO~I OF LZ~]I FOR NUI~IAJ~CE A~,~ ON PROI:'~'TY OF 3UJ~ B. ~1,80~, I~SXII"FEF,~D AGENT I~)R GLOBAL MAR.II~fTNG ~'IIT~lti~XS~S, TNC., LOT 25, BLO~[ 20~ OF taCO BIUtCH UNIT NO. SNV~N see Page =R --~'~ · AT~A~'ACT~ON OF L~ ~R ~I~;~C~ ~~ ON ~OP~ OF ~ R. ~~, ~ 1~, BL~ 225 01~ ~CO B~CH ~IT SIX See Page See Page ~I,,TI~II'AGTXO~ OF LXKN FOR RU]:[~ANCII~ ABATEMENT 0N PROPERTY OF REGXN& M. B&LCIIZ&E, ~ 1'7,, BLOCK 190, MARCO BEACH UNXT #7 See Page IA~IO~l' OF LTEN FOR NUItIAN~E AB&~ ON FROP~TT OF 30'~EPH A. lr~T~, 31~. ~ ~ J. PI~I'I[Ro LOT 21, BLOCK 209, U~T 6 PA.~I~ SATISTACTI0~! OF LIEN FOR NUI~ANCE ABATEMENT ON PROPERTY OF JOSEPH &. PINTE~, JR. A~D NARY J. PINTI~, LOT 21, BLOCK ~09, UNIT 6 PART ~, · ATI~FACTI(~! OF LIEN FOR NUI!IANCH ABAT~lqT ON PROPERTY OF JOSEPH A. AND ~ J. PINTI~R, LOT 21, BLOCK 209, UNIT 6 PART-- ~T~II, EOT 2~,, BLOCK 231, UIIIT T, GOLD~'N GAT~ SeePage II 99 Page 40 February 25, 1992 ~ATX~FACTIONOF LXEN FOR NUISANCE ABATEMENT ON PROPERTY OF CHARLES LOT 26, BLOCK 231, ~{XT T, GOLDEN GATE See Page R&~ · ATX~FACTXO~ OF LX~I~ FOR I~UISANCE ABATKM~tT ON PROPERTY OF CHARLES B0~,TO~, LOT 26, BLOCK 23:1, UNIT ?, GOLDEN GATE See Page _~.~ B SATX~ACTXOI[ OF LX~IW FOR NUISANCE ABAT~I~EI~r ON PROP~R~ OF C~ B. 26, ~ 231, See Page O~.~ ~ · ATX~FfXO~ OF LXEN FOR NUXSAI~U~ A~AT~M~gT ON PROPERTY OF ~ALLACE LOT 17, BLOCK 85, GOLDEN GATE, UNIT S See Page · ItTI~FACTXO'JI OF LIEN FOR NUISANCE ABA~ ON PROPERTY OF LleE Iq. ,MID ADELE O. HER~ING, LOT 12, BLOCK 268, UNIT 2 PART -- GOLDEN See Page · ATIS'FACTIO]I OF LXEN FOlq NUISANCE ABATEMENT ON PROPERTT OF LH~ R. AND ADEr.~ O. HERRXN(I, LOT 12, BLOCK 268, UNXT ? PART -- GOLDEN SeePage · ATXSFACTX~I~ OF LIEN FOR NUXSANCI~ ABATEMENT ON PROPERTY OF .,'.N.J. 1'1~1!~I'1~]1T~, XNC., LOT 38, BLOCK 81, GOLDEN GATE, UNIT NO. 3 See Page o?_~? ~TI~FAC"I'ION OF LIEN FOR NUISANCE ABJtTENENT ON PROPERTY OF ALICE A. LOT 19, BLOCK 96 UNIT 3, PART -- GOLDEN GATE See Page · ATI~FACTXON OF LIEN FOlq NUISANCE ABATEMENT ON PROPERTY OF HALSNY F. · IKEI~I~K), A~ TA~TE~, LOTS 1 THROUGH 4, INCLUSIVe, BLOCK 65, GOLDEN See Page · ~,T~F~t~"TIOI OF LIEN FOR NUX~IANC~ ABATEMENT ON PROPERTY OF MARXO ~~'T ~ ~ A. ~HAQUX~, L~ 24, BL~ 210, ~XT 6, GO~ See Page ~ATI~FACTION OF LIEN FOR NUISANCE ABATEMENT ON PROPERTY OF NO~qA JEAN rOT ~8, ENCTION ~2, TONll 51S, RANGE 26E SEE PAGE February 25, 1992 ~.'~ ~~©1 ~F LI~ FOR LOT 632, UNIT 4 OF RIVIERA 00LF E~TAT~S, There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 2:55 P.M. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL t( ! lainutu.~pproved by the Board on ~: as-p~t~ ~."~., or aa corrected Page 42