The URL can be used to link to this page

BCC Minutes 12/10/1985 R .. - - Naples, n'H Ida, December 10, 1985 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) ·f such special districts as have been created according to law and having conducted business herein, mot on this date at 9:00 A.M. in REGULAR SISSIOH in Building -P- of the Courthouse Complex, East Naples, Florida, with the following members present: :.... CHAIRMAN: John A. Pistor VICE CHAIRMAN: Anne Goodnight Frederick J. Voss Max Hasse C. C. -Red- Holland .'. ALSO PRESENT: William J. Reagan, Clerk; James C. Gilés, Fiscal Officer; Maureen Kenyon, Deputy Clerk; Ken Cuyler, Assistant County Attorney; Donald B. Lusk, County Manager; Neil Dorri¡l, Ascistant County Manager; Vicki. Mullins, COlUmunity Developnent Administrator; David Pettrov, Zoning and Planning Director, David Weeks, Barbara Cacchione, and Ann McKim, Planners, Tom Xuck, Public Works Administrator; John Madajewski and Mike McNees, Utilities Division; Don Norton, ·Public Service. Administrator; Dr. Edward Proffitt, Director of Natural Resource. Manageaent Department; Haney Israelson, Ad.inistra- tive Assistant to the Board; and, Deputy Chief Ray Barnett~ Sheriff's Department. . . 1..,1 .. ..'.~, ._ 09I~t;t194 Page 1 _. __ ___M__.____._ _.__ _. . --.~'-- ...- . .. .. ;\'''J,J,,~ : ,., c'f /1<,'(&\:.. ::'~)j}~'l~:' r: '. ~ . »" ~ .', ¡;;as!19J~203 Ite. U December la, 1985 AGEHDA - APPROVED WITS TBE rOLLOWING CHANGES Co..issioner Voss moved, .econded by Co..is.ioner B.... and carried unani.ously, tbat the ag.nda be approved witb tbe following chang... 1. Item 16Dl moved to 10Dl at request of County Manager. 2. Ite. 6C2 a.ending Parklands Development Order - Continued to December 17, 1985. 3. Item 10E2 regarding discus. ion of a special meeting on -', December 19, 1985. 4. Item 1601 moved to Itea 13H at request of Commissioner Holland. It.. . 2 PROCLAJlA'I'IOII DUIQlATIIIG 'fD WIlIt or DECIMD 15-21~ UIS AS -DRUIIIt AJrD DRUGGED DRIVING AWARDE'S WEEIt - ADOPTED Co..i..ioner Pi.tor ~ved, ..conded by Coaai..ionar Yo.. and carried unani.ously, that th. procla..tion de.ignating tb. week of Dece.ber 15-21, 1'15, a. -Drank and Drugged DriYing Awaren... We.k- b. adopted. Mrs. Sue ~rrow of MADD accepted the proclamation and noted that MADD i. not a temperance group and drinking is an individual choice and their concern is taking that drink behind the wheel of a car and if one does not drink it is still their problem .s they share the road. with those who do drink. . " ~ j (I h Page 2 -,. - - - f.:l'¡ 1 , '011( 09I,,1'Ã205 It.. u APPEAL or LEGAL .OTICE or MUISAMCI 1M MAPLES PARK OMIT 6, BLOCK 74, LOT 23, BY SAMUEL ~RLI. - ACTIO. DEFERRED UNTIL STArr I.VISTIGATES fURTHER December 10, 1985 During the discussion of the River Reach project, Commissioner Pistor asked that there be a short interruption in order to discuss an appeal that was filed by Sa~ue1 Karlin regarding a nuisance in Naples Park, Unit 6, Block 74, Lot 23. He noted that Mr. Karlin had to leave the meeting in order to catch a plane and therefore, would like to handle this matter and then resume with the River Reach Project. There being no objection, said matter vas taken up. Mr. Samuel Karlin stated that he owns a lot in Naples Park, noting that in 1984, he received a letter from the County informing him that the lot vas a public nuisance and it had to be mowed. He stated that he hired a Wayne Bryent to take care of the job. He noted that he contacted the County fro. Massachusetts, vhich is vhere he lives, asking if the property had been mowed, and he was told it had been tøken care of at that time. He reported that he received another letter indicating that the property had to be cleaned up as it vas not done right, adding that this vas after he had paid the bill. He stated that since he vas clos. to starting construction on the home, he asked the builder, LaGra.ta Homes, Inc., to send the County a letter stating that he was close to building and he would clean the property anyway. He stated that Mr. Wolfinger of the Zoning Depar~ment sent a letter approving the delay. He noted tnat the construction vas scheduled to begin in June and vhen he arrived in Naples on July 14, he looked at the lot and nothing had been done. He noted that on July 16 he started cleaning up the lot and it vas done two days later. He reported that after the cleaning was done and construction had started, he received a bill from the County charging him $250 for the cleanup job vhich vas only worth about $50 if the jOb had been done. He stated that this charge was charged to the County by Greenvay Moving for cleaning the lot. He noted that he received another letter from the County threatening a lien on the property and the charge went from $250 to $300. He stated that h. believes that there was no one there doing any work except for his building contractor. Community Development Administrator Mullins stated that on April 30th a complaint was rec~ived that there vas a pile of trash which was branches and twigs. She noted that it was inspected and found to be 1n violation of Ordinance 85-33 in reference to the trash and on May 30th Page 3 ' ,- - - - ;ì; t;' L .. .. .. December 10, 1985 a letter vas sent to Mr. Karlin. She stated that on July 3rd it vas r.inspect~d and contracted out to Greenway Mowing. She noted that on July 22nd the lot vas cleaned and on July 29th and September 18th, invoices were sent to the owner. She stated that because payment vas not made, on October 22, 1985, the ace placed a lien on the property. She stated that she does not know if LaGrasta cleaned the lot or not. She reported that she was under the impression that the appeal was being based primarily on the fact that the building was to commence on the lot, adding that the ordinance does not exempt any property that is to und9rgo developœent. She stated that the bill that Mr. Karlin received was for $300, adding that $225 vas for the fee for cleaning the lot and $75 was' the administrative fee of the County. She stated that she has no vay to .ubstantiate whether LaGrasta or Greenway Moving cleaned it. She reported that Greenway indicated that they cleaned the property on July 22nd, adding that hi. itemized bill state. that he hauled off 25 yards of debris. Commissioner Pistor stated that there seems to be a question as to who cleaned the lot. Co..i..ion.r Vo.. mo.ed, .econded by Co..i..ion.r s.... .nd c.rri.d u.nimou.ly, tb.t the deci.ion on tbi. matter be d.f.rred until Staff bas had ti.. to inv..tig.te tbe aatter furtb.r. Ite. 14 RISOLUTIOI 15-256 ISTAaLISSI»G THAT A .UISA»CB EXISTS 01 PROPIRTr 01 KARCO llACB UIIIT 5, ILK 131, LOT 1, UReO llACa - 0WIf1R. VIRGI.IA c. RIAD - ADOPTED There being no one present to represent the appellant, Co8ai.- .ion.r Vo.. moved, .econded by Co..i..ioner B.... and carried unan18o..1y, tbat Re..lution 85-25' e.tabli.bing th.t a nuisance exi.t. on property OD Marco B.acb Unit 5, Ilock 131, Lót 1; Marcò B..cb, õwned by Virginia C. Re.d, be adopted. m; U9r~206 Page 4 . ·..t_ ,,' - - - December 10, 1985 Ita. '5 ORDIKA»CI 85-70 RE PETITIO. CP-85-7C, COLLIER DIV. CORP. RE A COMPRE- UIISIVI 'LAM LAIID USE MIJIDftnT rROM I.DUGTRIAL TO URBAII rOR RIVlR REACH - ADOPTED Legal notice having been published in the Naples Daily News on November 8, 1985, as evidenced by Affidavit of Publication, filed vith the Clerk, public hearing was opened to consider Petition CP-85-7C, filed by Aqnoli, Assaad, Barber, and Brundage, Inc., representing Collier Development Corporation requesting a comprehensive plan land use amendment from industrial to urban for approximately 43.4 acres located north of the Naples Airport and west of the Collier Park of Comme~ce in Section 35, Township 49 South, Range 25 East. Planning and Zoning Director Pettrow stated that there are three items, all related, which he viII discuss at one time. He stated that this request is for 790 units, single family and multi-family on a parcel of property that consist of 112 acres directly north of the Naples Airport and vest of Collier Road and the Collier Commerce Park. He stated that in order to effectuate that zoning, there is a 43 acre parcel of land that is now designated industrial under the Compre- hensive Plan and the intention of the applicant is to take the 112 acre parcel and use it for single family, multi-family and a small portion for commercial. He stated that in order to do this the applicant must seek a Comprehensive Plan amendment for the 43 acre parcel. He stated that Staff is recommending denial because the goals, objectives, and policies of the comprehensive plan support the retention and the reservation of land that is designated industrial for the future, adding that in terms of preserving that land for the future, Staff feels strongly that in the future industrial land viII be more difficult and more expensive to obtain. He noted that there are approximately 1,500 acres of land zoned or designated industrial in vest Collier County, and approximately 15\ of that i. already developed as industrial. He indicated that there is a l~rge parcel of industrial land to the east of Airport Road and some is presently underveloped and there is also a major tract north of Pine Ridge and vest of Airport Road. He noted that the applic~nt states that the marketing shovs that it cannot be utilized for 15-25 years, adding that the comprehensive plan also treats where the suitability of land such as industrial should and could be. He noted that the 43 acre parcel vas designated as industrial in 1979 and in 1983 and Staff believes that this should Ü;·09In~2OB Page 5 . PRI ~ Decellber 10, 1985 .;; . . ~l~t ' stil be náustrial. He stated that there is also a health, safety and welfare issue with regards to changing the Comprehensive Plan. He noted that the safety issue is the proximity of the run-vay. He stated that there vill be a lake to the south of the project and north of the Airport property which vould give a distance buffer of approxilllately 500-600 feet, adding that he feels that the entire parcel should be preserved for future use in industrial and, as far as health and safety, the people that will be living there are going to have to endure some problems. He stated that the zoning ordinance and the com- prehensive plan address those matters and it is recoœmended that this project be denied. He stated that another issue is transportation, adding that on Airport Road the service is presently at level -D- which is unacceptable, adding that vith this project developed out, it will be operating at a service level -E- and the only thing that can resolve that is the six-Ianing of Airport Road which is quite a distance in the future. He stated that the applicant is also proposing 669 units with only one access road off Airport Road vith the multi-family section in th~ rear, which lIeans more traffic impact going in and out of the single family area to get to the multi-family area. He stated that he asked the applicant to leave the 43 acre parcel as industrial and the applicant feels that they would not have access to that property and it would not be marketable if left industrial. He noted that the proposed sevage treatment plant is off-site and is on the northwest corner of the industrial park and that is vhat the provisional use is for, adding that Staff feels that the project is extremely dense and the traffic generated viII drop the service level on Airport Road. He stated that they are compelled to address these things in the zoning ordinance. He stated that without a doubt, this property should remain industrial and Staff is recommending denial of all three petitions regarding this matter. He noted that he received 6 letters for the petitions and 23 letters and 3 petitions vith 300 signatures against it. Mr. Roy Cawley, representing Collier Development Corporation, stated that some lIonths ago the Collier County Housing Authority indicated that they thought there may be some opportunity to provide for housing that vould allow utilization of a bond issue. He stated that these issues would expire at the end of the year as a function of some changes in the internal revenue tax codes, therefore, this project has some urgency. He noted that these bond issup.s allow one to sell bonds in the public marketplace, utilizing tax exempt status, that Page 6 .. - - - _"_.."··r ~,_"~,',.,.....,._ - - - December 10, 1985 gives interest rates that ~akes a lot of these projects reasonable. He noted that the timing vas very intense and the comprehensive plan would have to be amended in some instances and they appeared before the BCC on September la, 1985, to see if they could have these land use plans revie~d prior to the established hearing date. He stated that it was determined that this would be a viable project, after doing a great deal of research. Tape . 2 Mr. Cavley stated that they tried to put into this development a very high-quality, middle income single-family complex that is equal to or better quality, from a land development standpoint, than what is adjac-nt to it from the north. He stated that he is anticipating construction to begin the first of the year. He noted that the Collier Company viII be building this project, own it, and manage it. He stated that they have answered every concern they possibly could, adding that they have met vith Staff numerous times as ~ll as the Airport Authority and the property owners. He noted that plans were revised to alleviate sOllie of the concerns of property owners vith reference to access and lot lines, and traffic. He stated that the quality of the project is there and it can be seen from all the amenities that are going to be available, adding that they should be able to have the opportunity to take the risk involved as to vhether people want to live in this project or not. Mr. Cliff Barksdale of Collier Enterprises stated that there are two issues regarding the traffic, noting that one is related to the internal portion of the project. He stated that there vere concerns raised that there would be no access for emergency vehicles and that there would be only one access off Airport Road. He reported that there would be two accesses off Airport Road, one to OUtrigger Lane and one from North Horseshoe Drive. He reported that for emergency purposes there would also be an access from the end of Outrigger Lane through the internal parking lot system. He noted that the other issue on the traffic vas the level of service on Airport Road, adding that he met with the Public Works Department and they reviewed the project. He noted that they were asked to r~al19n North Horseshoe Drive so that it would align with Progress Street on the opposite side of Airport Road, which would permit an intersection that could be signalized with the proper spacing between the next roadway vith the signal. He stated that it would provide people coming out of Outrigger Lane as well as 'OM 09I~~210 Page 7 -,.~~-------,_.,-~....,."_.;,....._<-~.".",.,,., .~ ~....' . a;D~ 09fnz2ll December 10, 1985 their proposed project, vith a protected turn to go north on Airport Road, vhich is now an extreme problem. He stated that this would be a big plus to the project to help alleviate some of the traffic problems on Airport Road. Ke stated that the level of service -C- or -C- which the numbers currently indicate, is like a -C-- or a -0+-. He noted that the six laning of Airport Road from Radio Road to Golden Gate Parkvay would provide a -C- level of service which vould be generated from this project. He noted that not all of this traffic is going to be put on Airport Road immediately as this is a phased program over a five or six year period. Ke noted that if this 43 acre parcel vas left industrial it would provide a greater impact on Airport Road as ,.' industrial alvays has .ore traffic than residential. He noted that they researched all the noise contour levels of the Airport Master Plan that ~ere accepted by HUD and FAA, adding that in 1984 the Master Plan was updated and the noise cont~ur levels republished using the latest and most accepted .ethod of noise contour levels called the LDN which has a number of 65 and is totally contained vithin the airport bound- aries, and as one moves further outvard from the airp~rt, the noise levels decrease in intensity. He noted that the planes that were used to produce these levels were DC-9's and corporate aircraft, adding that this vas the criteria that they relied upon in planning the project. He reported that the closest part of the project would be 1500 feet from the runway. He indicated that only 13\ of the air traffic from the airport use the runvay that is near their project and of that 13\ the greatest percent i. light aircraft. He noted, vith reference to nuisance suits, he does not feel that they are applicable. He noted that the existing zoning and comprehensive plan on the western side of the airport is residential, the southwest corner is residential and their project would extend the residential area. He noted that there are no safety violations involved. Commissioner Voss questioned what vould happen if people moved into the area and complained of the noise and then filed a suit, to vhich Mr. Cawley stated that they suggested to the Airport Authority that they would be pleased to put into the lease documents for the multi-family complex something that w~uld indicate that if people in that complex were to complain of the noise, they would be subject to eviction from the complex. Mr. Cavley stated that if people do not vant to lease under those conditions, it is strictly a marketplace determination. He stated that vithin the Collier Park of Commerce Page 8 ,. - - - .... ~"'_""__""'iII_"'_"""""_;"'_··"';·"·"""'-<'·"'·""'··· --. - .. ~ December 10, 1985 there is a 20 year supply of high quality industrial land. He stated that when one looks at the amount of industrial land available and the absorption of that land for uses, industrial is not a reasonable designation for land if those uses are 45-50 years into the future. He noted that there are 2,900 acres of designated industrial land in Collier County according to the economic impact of the comprehensive plan, adding that if the absorption rate is used for that land, it vould indicate a 4S year supply of industrial land within Collier County. He stated that he does not feel that industrial vould be the best designation for this particular land if there is already a 45 year supply of industrial land in Collier County at this time, adding that he does not feel that the preservation of this land is a valid issue. He stated that he feels that this is a very well written plan and they have tried to resolye all issues, adding that it a well conceived project and do.s meet the criteria of providing a current requirement for this County and it is owned and operated by a firm who does very high quality development. ..... Rece..1 '151 A.M. - Reconvened, 10,05 A.M. ..... Tap. 13 The follovinq people spoke against this project citing excessive traffic, devaluation of property, increase of pedestrian accidents, too high density with too many small units, lack of accesses, and deterioration of Airport Roads Jennifer Oss 'I11omas Collins Dr. Armand ?ppenhei.er Tape U George Schaaf George Keller Lovell M111' Robert Quintal Charlotte Westman 'I11e following people spoke in favor of this project citing the need for such affordable housing, and the need to think about having the airport moved to an outlying area of Collier County as well as residential being a better land use than industrial for that particular land: Bill Ba rton ~rs. Frank Greer A petition vith 20 signatures vas presented by Mrs. Frank Greer in favor of the affordable housing development. 'I11. folloving people representing the Naples Airport Authority, spoke against the petitio~ citing what will be a continuous noise problem from the planes that come and go from the Airport and indicating that a dev.lopment of this type should not be located close 1111111 09I~DI212 Page 9 "'-. ... ; 'If , ·w!. II 1..t.ii . . ~..... '. :'¡:: · . ;~ 091m213 to an airport and is incoapatible with the surrounding area. A recording taken fro. a noise monitoring study of airplanes taking off from Naples Airport vas heard. December 10, 1985 Tap. '5 Je rry Sealy John J. Earshen Ed"a rd J. Ka nt Pat Bienvenu Robert H. Tanner David W. Rynder. Tape 16 - ' Mr. Barksdale stated, vith reference to the noise from the Airport, there are standards adopted by communities and this community has adopted standards in the Comprehensive Plan and the zoning ordinance, copy of which he presented to the Commissioners. He stated that it refers to Airport Noise Zone and states that no person shall sell, lease or offer to sell or lease any land vithin the Airport Noise as to 100 CNR, vhich is another methodology of determining noise which relates to 65 LDN, unless the perspective buyer or leasee has been given the following notice: Noise varning: This land lies beneath the aircraft approach and departure routes and it lists the airports and is subject to noise that ~y be objectionable. He stated that the other portion states that it is necessary and in the interest of public health and welfare, that establishment of incompatible land uses be prevented in the areas defined as a CNR 100 contour noise area and acts as a potential hazard area. He noted that they are outside those areas by approximately 700 feet. Mr. Cawley stated tnat he feels that all issues have been addressed and that they have provided a high quality project for development on this land. Commissioner Voss questioned if the road that runs by the transfer station could become an emergency entrance or exit? Mr. Cavley stated that he talked vith the Airport Authority and they were concerned about airport security as this is a private road. Commissioner Voss questioned if the CCPC reviewed the revised proposal or the original proposal, to vhich Mr. Cavley indicated that they reviewed the original proposal and the changes that were made vas function of trying to satisfy the residents of Coconut River as to traffic access, the frontages of lots, and the concerns regarding proximity to the Airport. Commissioner Voss question_d where the road access viII be to the treatment plant, to vhich Mr. Barksdale stated that there would be a Page 10 .. ,. - .. - -,."''*,"'''"-~~'''"''-''''''''''''''''',"",,,,,,,,,,.~~,,.,,,,~,,,,,;,~'''--''''',"-"-~..,,,,,,--,-_..._.,,,,,,.-,,, '. - .. .. December 10, 1985 drivevay ace... off Horaehoe Drive, adding that the plant is a temporary plant, but it could be used aa an emergency access during such time. Commissioner Goodnight stated that there has been talk about affordable rental unita and questioned what the price of their units vould be? Mr. Cavley indicated that under the bond issues vhich are requlated by the Internal Revenue, it requires that 20' of the unit. vithin the complex be available to citizens vithin Collier County that earn 80\ of the median income. He noted that, in other words, 20\ of the units would have to be kept available for people that earn $20,000 a year. He noted that the other 80\ of the units are available to people that have 150\ of that median income or $45,000 a year of annual income. He stated that this is not a .ubsidized hQusing project for the federal government. Commissioner Holland stated that he is not that concerned with access because developments like Royal Harbor, Wyndemere, and Wilderness, have proven that it is safe to live there with only one access. In answer to Commissioner Pi.tor, Mr. Cavley .tated that there could be locked qates at emergency entrances so that traffic would be confined to the primary entrance and exit through the wM-l- and single family district. Co..i..loner Vo.. .oved, .econded by Co..I..ion.r S.... and c.rried un.nl.ou.ly, th.t the public h.arlng b. clo.ed. Planning and Zoning Director Pettrow stated that this item is for the Comprehensive Plan amendment vhich vould need a 3/2 vote. Co..i..loner B.... moved, ..cond.d by Co..i..loner Pi.tor, that Petition CP-85-7 be deni.d. Commissioner Hasse stated that the Comprehensive Plan is not being adhered to and Staff and the planning Commission have both indicated a denial vhich is vhy he made such a motion. Upon call for th. que.tlon, the .otlon failed 2/3, (Co..i..ioner Vo.., Pi.tor, .nd Goodnight op~.ed). Co..is.ioner Goodnigbt .oved, seconded by Co..l..loner Vo.., th.t tb. ordin.nce be adopted. Mo vote w.. called. Commissioner Voss stated that t~is seems to be coming down to the issue of noise and the noi~e level in this development Is going to affect the economics of this particular development and vhether the laCK 091~214 Page 11 .---"'".\.""'..,''''',.'''''''''''''"',.".....~'''''''_....._'" . " - December 10, 1985 .ø~~~~s or loses aoney is of no interest to him. Assistant County Attorney CUyler stated that the statutory provisions is a simple majority for a comprehensive plan amendment, but the Board established a policy for comprehensive plan amendments and in that resolution that vas passed, it requires a 4 to 1 or a super lIIaj ority vote. Donald Pickworth, Attorney for Collier Development, stated that considering there vas a comment made as to vhat type of vote was required prior to the vote, a revote should be taken on the previous motion. Aasistant County Attorney CUyler stated that the BCC was advised that it took a 3/2 vote and it would be vi thin the discretion of the Board to have a revote taken if they vish a. it i. based on the fact that incorrect information vas given. Co..issioner Voss moved, seconded by Co..i..ioner Goodnight, that Petition CP-85-7C be approved. Commissioner Holland stated that he would like Mr. Cuyler's assurance that what the Commission is doing is legal. Assistant County Attorney Cuyler stated that Mr. Pettrow had indicated to the BCC that the first thing to consider vas a comprehensive plan amendment and It would take a 3/2 vote to approve it. He noted that this is incorrect in light of a resolution the BCC passed that indicated it would require a 4/5 vote, therefore, the BCC was misinformed and had incorrect information and it is now the discretion of the BCC as to whether they want to reconsider this matter based on the fact that they were furnished vith incorrect information in the beginning. Commissioner Pistor stated that before ho calls for the vote on this motion, he wants to be sure that there is a complete understanding that it viII require a 4/5 vote to pass this motion. Commissioner Holland requested a five minute recess in order to contact his personal attorney as to whether this matter is legal or not. ..... Rece... 12115 P.M. - Reconvened. 12.25 P.M. ..... Tape '7 Commissioner Holland indicated that he contacted his attorney and the reason that he did is becau~e he has been threatened on both side of possible lawsuits. . Page 12 .. - - - ,-""...."-"""'."-_...._"';.'.~-,, .. .. .. December 10, 1985 Upon c.ll for the que.tion the .otion c.rrled 4/1, (Co..i..ión.r B.... oppo.ed) vh.reapon the Ordin.nce .. nu.bered .nd entitled belóv va. .dopted and entered into Ordinance Book '221 ORDUIAIICE 85-70 AN ORDINANCE AMEMDIXG ORDlHANCE 83-54, THE COMPREHENSIVE PLAN FOR COLLIER COUMTY, rLORIDA, BY AMBHDING THE rUTURE LAND USE MAP rROM AN INDUSTRIAL LAMD USE DESIGNATION TO AN URBAN LAMD USI DESIGNATIOX ON TBE rOLLOWING DESCRIBED PROPERTYI APPROXIMATELY 43.4 ACRIS LOCATED IN SECTION 35, TOWNSHIP 49 SOUTH, RAllGE 25 EAST, COLLIER COUNTY, PLORIDA MORE PARTICULARLY DESCRIBED BEREIN, AND PROVIDING AN EFFECTIVE DATI. Itea " ORDIMAMCI 85-71 RI PITITIOM R-85-22C, COLLIER DEV. CORP. RI ZONI.a FROM A-2 TO PUD KNOWN AS RIVIR REACB - ADOPTED Legal notice having been published in the Naples Daily News on November 8, 1985, as evidenced by Affidavit of Publication filed vith the Clerk, pUblic hearing was opened to consider Petition R-85-22C, filed by Agnoli, Assaad, Barber and Brundage, :nc., representing Collier Development Corporation, requesting rezoning from A-2 to PUD known as River Reach located vest of Airport-Pulling Road, .outh of Outrigger Lane, north of the Airport and Horseshoe Drive north in Section 35, Township 49 South, Range 25 East (Companion to CP-85-7C). Co..i..loner Va.. aoved, .econded by Co..i..ioner B.... .nd c.rried unani.ou.ly, th.t the public he.ring be clo.ed. Co..i..ioner Vo.. aoved, .econded by Co..i..ioner Goodnight and c.rried 4/1, (Co..issioner H...e oppo.ed), th.t the ordinanc. a. numbered .nd entitled below be .dopted .nd entered into Ordin.nce Book '22* ORDUIAIICE 85-71 All ORDIJIAIICI AMDfDING ORDINANCE 82-2, TBI COMPREHENSIVE ZONING REGULATIONS POR THE UMINCORPORATED AREA OP COLLIER COUMTY, rLORIDA BY AMDDIMG THE ZOHUIG ATLAS MAP MUMBER 49-25-7 BY C~ING TBI ZONING CLASSIFICATION or THI BEREIN DESCRIBED REAL PROPERTY PROM A-2 TO -PUD- PLANNED UHIT DIVELOPMIJIT Daoof AS RIVER REACH POR PROPERTY LOCATED WEST OF AIRPORT ROAD APPROXIMATELY 1-1/2 MILES MORTH or DAVIS BOULEVARD (SR-84) LYIIIG BETWEBH ENTERPRISE AVENUE AIID OUTRIGGIR LAME, BEHIND THE COLLIER PARK or COMMERCI IX SICTIOX 35, TOWNSHIP 49 SOUTH, RANGE 25 EAST~ rOR A MAXIMUM NUMBER or 790 DWBLLING UNITS, 3.5 ACRES or COMMERCIAL AND A PARK rOR A TOTAL or .112 ACRES; AIID PROVIDING All ErrECTlVE DATE. aODK 091PAcr216 Page 13 ~____~....'it___,_._.,",.." DeCe.ber io,' 1985 Ite. 17 ao~ 091"ir;t217 RISOLUTIOI 85-257 R& PITITIOI PU-85-17C, COLLIIR DIY. CORP. aI PROVISIOVAL USE rOR A SEWAGE TRIATMEHT p~ AT RIVER REACH - ADOPTID Co..l..loner Vo.. mowed, .econded by Co..l..1oner Goodnight and carrIed 4/1, (Coa.l..1oner ..S.. oppo.ed) that Re.olutlon 85-257 r. PetitIon PO-'5-17C, Collier Dev. Corp; r. provl.1onal a.. for a .ewage treatment plant at RIver Reacb be adopted; ;.- . .1' ~ . j Page 14 .. - - - ~OOK 091 pm 225 «, December 10, 1985 Item f8 RESOLUTION 85-258 AUTHORIZING THE HOUSING FINANCE AUTHORITY TO ISSUE NOT EXCEEDING '25,000,000 MULTI-FAMILY HOUSING REVENUE BONDS FOR RIVER REACH - ADOPTED ... Legal notice having been published in the Naples Daily News on ~ November 26, 1985 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider authorizing the Housing Finance Authority to issue not exceeding $25 000,000 multi-family housing revenue bonds for River Reach. Commissioner Voss moved, .econded by Commissioner Goodnight and carried unanimously, that the pUblic hearing be closed. Commissioner Voss moved, seconded by Commissioner Goodnight and carried 4/1, (Commissioner Hasse opposed) that Resolution 85-258 authorizing the Housing Finance Authority to issue not exceeding $25,000,000 multi-family housing revenue bonds for River Reach be adopted. ... ... Page 15 .. . - ;;: !J ; r c ,1 . · . December 10, 1985 ..... Rece... 12130 P.M. - Reconvened! 2100 P.M. ..... Ite. fAr; 091 mt '2'29 RESOLUTI~ 85-25' AUTBORIZI»Q THI ISSUAlCI or SOLID WASTI RIVIHUI BOMes MOT TO IXCIID "o,000,000 rOR A RESOURCI RECOVERY FACILITY ARD RUOLUTIOII 85-260 APPROVI»Q ISSUoUCI or SOLID WASTI Rrn:XUI BOMes ADOPTED. IMDUSTRIAL DEVELOPMEMT 10WD APPLICATIOM - AP'ROVED Legal notice having been published in the Naples Daily News on November 26, 1985, as evidenceð by Affidavit of Publication filed vith the Clerk, public hearing vas opened to consider authorizing the issuance of the Solid Waste Revenue Bonds not to exceed $90,000,000 for a resource recovery facility. Assistant County Manager Dorrill stated that this is a resolution vhich has been commonly referred to as the -tefra- hearing which is a prerequisite to the County ..king application for $90,000,000 in industrial revenue bonds as the supporting local governmental agency for the resource recovery project. ße stated that private businesses can use industrial development bonds for the purposes of constructing various types of facilities, they can only do 30 vith a sponsor and, in the State of Florida, the sponsor has to be either a govern.ental entity or authority and then in turn, application is made through the Governor'. office for Collier County's allocation vhich, in this case, is $90,000,000. He stated that the $90,000,000 covers the cost of the facility proposed by Shavmut/Westinghouse, the capital cost of the project, the interest for the debt service on the bond issue during the period of construction, the amounts necessary for reserves for debt service, the cost of issuance, the County's closing cost, and several million dollars in contributed capital cost by the County. He stated that this is simply an application for an allocation which is only a portion of Florida's lOB allocation for 1985. County Manager Lusk stated that at the time the money i. borrowe~ ~~{s item will come back to the Commission and then an approval viII b. ~ade based on the actual amount of the bond issue. Assistant County Manager Dorril1 stated that at the time authority is needed to proceed, all the costs viII be itemized. He stated that staff recommendation is to approve the resolution and authorize the Chairman to make application through the Governor's office for Collier County's share of the 1965 IDB allocation. Co..i.sioner Vo.. .oved, .econded by Co..I..loner Goodnight and carried unanl.ou.ly, tbat the public hearing be clo.ed. Page 16 - - - .. - - December 10, 1985 Assistant County Attorney Cuyler .tated that there are two separate resolutions that need to be adopted as veIl a. the application. Co..issloner Vo.. moyed, .econded by Co..l..1oner Goodnight and carried unanlaously, that Re.olutlon '5-259 relative to the i..uance of Solid Waste Revenue Bond. In an a.ount not to exceed $90,000,000 for tbe purpose of acquirln9, cons traction and equipping facllitl.. for re.ource recovery be adopted and that Re.olutlon '5-260 approvln9 the I..uance of Collier County, Florida, Solid Wa.ta Reyenue Bond., Serle. 1'.5, be adopted and that the Chalr.an be authorized to execute tbe Industrial Development Bond application. , , ; '-j : í , ,'r~ .. IOQC 09Inr.r230 Page 17 ,-_....""'~..-~.,~ : J ~~ j t.- t·,,: ,) - - - December 10, 1985 Ite. 110 ORDlKAlCI 85-72 RI PITITIOM R-85-1SC, KEVIM J. KILLILEA REPRESIMTIHG rIRST PLAZA CORP. REQUISTIMG RIZOMI rROM A-2 TO Rsr-4 AMD SUBCIVISIOM MASTIR PLAM APPROVAL FOR PROPERTY LOCATID OM TBI SOUTH SICI or BAILlY LAMI - ADOPTED Legal nQtíce having been published in the Naples Daily News on November 1, 1985, as evidenced by Affidavit of Publication filed with the Clerk, public hearing vas opened to consider petition R-85-15C, Kevin J. Killilea, representing First Plaza Corporation requesting rezoning from A-2 to RSF-4 and Master Plan approval for a maximum number of 20 single family and attached single family dwelling units on 4.9: acres, for property located on the south side of Bailey Lane, approximately 1/4 mile vest of Airport Road in Section 23, Township 49 South, Range 25 East and being a companion petition to PU-85-16C. Planner McKim stated that the objective of this petition is to construct cluster housing, adding that lands to the north are zoned Estates and A-21 lands to the east and west are zoned A-21 and lands to the Routh are zoned RSF-4 which is Poinciana Village. She indicated that to the north is a single-family residence and to the east and west a:'1 undeveloped pine flatwoods, while single family dwellings ar~ to the south. She noted that there are two petitions for this property, a rezone and a provisional use and while each petition must be voted òn separately, Staff has reviewed them simultaneously because of their interdependence. She reported that Staff and all appropriate County age~cies have revieved these petitions and have recommended approval sU'ìject to the stipulations contained in the Executive Summary dated December 10, 1985. She stated that Staff has recieved a letter from the Naples City Manager's office indicating the City's staff will recommend that the City Council approve the Petitioner's request for water and sever service, adding that the City Council is scheduled to review said request on December 4, 1985. She reported that the CCPC unanimously recommended forvarding Petitions R-85-15C and PU-85-16C to the BCC for approval subject to staff stipulations. She reported that one letter of opposition and one letter of approval has been received. John Madajewski, Engineer Director for Utilities stated, regarding the sever service issue, the City of Naples has not given a conditional approval to sewer service, adding that there are certain stipulations that have been placed on the developer for determining the ability of the Poinciana Sewer System to accept the flow fro. this project and also the City's force main system to transmit that to the plant. He &0;'; 09lPAGt'244 Page 18 .. . -., ,. ' · , December 10, 1995 cannot comply, then the' City will not grant them the use of the sewer system and the County will require that they fall back on the use of the existing utility stipulations that they require either a package sevage treatment on site for compliance with the requirements of the Subdivision Regulations if they vish to use septic tanks. l;bºW:m¡~·~~ they Planner McKim stated that to comply with the Comprehensive Plan, they have to have a central syste., adding that she has resolution 85-4887 from the City of Haples vhich says that the request for a sewer ~in extension is approved. Mr. Bill Jones, Engineer for the petitioner, stated that the analysis was perfor.ed that the City of Naples asked for and it has been determined that the City system can handle the additional waste- water flow and the City Engineering staff has reviewod the analysis and recommended it to the Council, which they in turn approved. County Manager Lusk stated that if for any reason the Petitioner cannot get on the City of Naples sewer service, there viII have to be a 8.~r system on the project site. Mr. Madajewski stated that this project lies outside the City's established sewer area and this vould only be an interim connection until the County has a system that could take the project on, adðinq that he has notified the petitioner that there viII have to be a direct agreement between the City and the County Water-Sewer District re1ar,jing this. Co..is.loner Vo.. .oved, .econded by Co..i..ion~r Coodnight and carried unanl.ously, that the public hearin9 be closed; Co..i.sloner Coodnlght mG.ed, .econded by Co..i.sioner Vo.. and carried unani.ously, that the ordinance a. nu.bered and entitled below b. adopted and entered Into Ordinance look Ho. 1221 ORDIIIANCI 15-72 AN ORDIIlAllCI MDDI~ ORDIIWICI 82-2 THI COMPRBDSIVE ZOIlING RICULATIOMS rOR TSI UMINCORPORATID ARIA or COLLIER COUNTY, rLORIDA, IY MDDI~ TaB orrICIAL ZOIlIIIG ATLAS.....P HUMBER 49-25-6 BY CHANGINC TBE ZONINC CLASSIrICATION or TBI BERlIN D~SCRIBID PROPERTY LOCATID ON TBI SOUTB SIDE or BAILlY LANE, APPROXLNATILY 1/4 MILl WIST or AIRPORT ROAD IN SECTION 23, TOWHS¡;IP 49 SOUTB, RAJlGI 25 EAST, rROM A-2 TO Rsr-4 AND BY PROVIDIMG rOR AN ErrlCTIVE DATI. j ~'. c"'-, '. :~ ~)~~ Page 19 .. - - - -"_._---""""',~~...,,_.__..."""'-,.,. - .. - December 10, 1985 It.. '11 RISOLUTIOM 85-2'1 RI PETITIO. PO-'S-16C, KIVIN J. KILLILEA RIPRESEHTIXG FIRST PLAZA CORP. REQUESTIMG PROV1SIOMAL UII -G- OF ftSr-4 ZONING rOft CLUSTER BOUSIMG OM TB& SOUTS SIDI or BAILEY LABI - ADOPTED. PETITIONER'S AGREEMENT AND FINDIHG or rACT ACCEPTED. Co..i..ioner Goodnight 8Oved~ .econded by Co..is.loner Vo.. and carri.d unanlaously, th.t Re.olutlon 85-261 re Petition PU-85-16C, Kevin J. KIlllle. repre.entlng rlr.t Plaz. Corp~ r.qu..ting provi.ional U.e -G- of RSr-4 zoning for clu.t.r hòu.lng on the .out~ .1de of .ail.y Lan. be adopted and tbw P.tltloner's Agr...ent and rinding of 'act be accept.d. '.. - aOOK 091,,·,:146 Page 20 , ' December 10, 1985 Ta~ t8 ,;O~1( 091 PAGt 253 It_ UZ RUOLUTI01I 85-262 APPROVIIIG A COIITRAC'1" TO BIRI PRorlSSOR LINDA S. WlIMLAMD AS A PART-TIMI BIOLOCICAL COHSULTAMT rOR INVIROMMIHTAL IMPACT STATEMEMTS - ADOPTED Community Development Administrator Mullins stated that this item is a request to hire a biol09ical consultant on a part-time basis to assist the Natural Resources Department. She stated that the functions that the person will be responsible for viII be the tIS for the park sites. She stated that there are almost 2,000 acres that needs an EIS and there is not adequate staff. She noted that she is askin9 for a maximum of $5,000 to be allocated vhich viII be transferred from the Community Development Reserve, addin9 that Professor weinland has a9reeð to consult with the County for an hourly rate of $25.00 and Staff is recommending that the Chairman be authorized to execute the contract with Professor W8inland and to authorize the budget amendment transferring funds from Community Development Reserves to the Natural Resources Management Department. Co..i..ioner Goodnight 8Oved, .econded by Co..i..ioner Vo.. and carried unanimously, tbat Re.olution 15-262 approving a contract to hire Profe..or LInda S. Welnland a. a part-ti.. bIological con.ultant for I~viro~ental I.pact State.ent. be adopted. Note: Document not received as of 12/20/85. ~, /-~,I'(:. ~. Page 21 .. - - - 1"1. , ¡ <: ,>1' - , .. - - December 10, 1985 Ite. 11 J BUDGET MDDMIDIT AUTBORIZm I. TBI MOUIIT or $393,000 TO COVER ALL AllTICIPATID COST or nGOTIATU'G LEGAL DOCUMINTS AND PAYU'G COSTS or ISSUANCE rOR THE RISOURCE RECOVERY PROJECT - APPROVED "- Assistant County Manager Dorrill stated that approximately 6 weeks ago, the Board approved the retaining of Gunster, Yoakley, Criser and Stewart to assist the County in a negotiating effort. He stated that there has been some confusion as to whether the $393,000 is the amount required of the firm. He stated that he checked the latest invoice and the County has spent approximately $70,000 in fees, and $6,000 in associated reimburseable costs. He noted that there is an estimate in th. Executive Summary of approximately $200,000 for additional fees and costs, adding that this may be a little high but it is probably a reasonable number for the rest of the year. He stated that these people are working on an hourly basis which is $175.00 per hour for the top attorneys. He stated that the other costs are required for the issuance of the bonds for escrow purposes vhich include bond counsel, preparation of the official statemQnt, printing costs, financial advisor fees, and associated fees of that nature. He noted that the $125,000 is legal expenses. He reported that if t~e Board has some concern with the total amount, the $200,000 and the $78,000 figure could be approved at this time and the other figure would wait until the next calendar year until he can identify exactly vhat the cost may i:'~. He noted that the contract document is being finalized at this tim~ and there are outstanding business issues that have to be resolved. He stated that there viII probably be a recommendation coming before the Board next veek vhich viII probably be asking that the Chairman be authorized to sign the contract that is being presented so long as Shavmut/Westinghouse signs it first. Commissioner Holland stated that there have been negotiations since November 6, and he does not understand how these attorneys could be owed 10 much money up to this point. Commissioner Hasse stated that he would suggest that as much as possible of this money be held until the end. Fiscal Officer Giles stated that it was mentioned that the Attorney's fees or negotiating the service agreement vas a cost of issuance, adding that this is not normally a cost of issuance on a bond issue. Assistant County Manager Dorrill stated that the Board could, at ;;: 09I "Jr.: 254 Page 2 2 .' 091 255 December 10, 1985 ;;; . . mt' this time, authorize the $278,000 to pay for the anticipated legal cost and the various components of the bond cost and he can wait for the other $125,000. He noted that cost of issuance is defined as things like bond counsel, preparation of the official statement and printing of that and wh6tever securities and financial and legal work they have to do. Fiscal Officer Giles stated that he was worried that on the basis of reimbursing the cost of issuance from the bond proceeds that the Attorney's fees of negotiating the service agreement was contemplated in the cost, to vhich Assistant C~unty Man.ger Dorrill stated that bond counsel would not allow that to be done. Fiscal Officer Giles stated that this is what he vas pointing out. Commissioner Voss stated that the selected vendors have agreed to reimburse the County for their expenses. He said that reimbursement will occur in the event that all conditions precedent to construction have not been completed and Collier County does not proceed vith construction. Commissioner Holland stated that he cannot see authorizing an additional $125,000 if there is doubt as to vhether it viII be u~ed or not and for what. Commissioner Voss indicated that if it is not used, it vill stay .,.t~in the Solid waste Enterprise Fund. Co..is.ioner Vo.. .oved, ..cond.4 by Co..i..ioner Coodnight .nd c.rried 3/2, (Comai..ioner. soll.nd and ..... oppo..d), that a budget a..nd..nt .utborlaing $393,000 to cov.r all anticipated co.t of negoti.ting legal documents .n4 p.ying co.ts of I..u.nce for the r..ource recovery project be .pprov.d. Ite. 114 REVISED lAST KAPLES COKMUHITY PARK SITI MASTER PLAN - APPROVED Public Services Administrator Norton stated that this is a recommendation for approval of a revised East Naples Community Park Site Master Plan, adding that in September it vas found that a portion of the site is in DER jurisdictional wetlands. He noted that the revised plan was approved by the Parks' Recreation Advisory Board. Mr. Tom Peek of Wilson, Miller, Barton, SolI' Peek, Inc. stated that when this 40 acre parcel of land by Avalon school was purchased, DER regulations were not the same as they are today. He stated that in October of 1984, an expanded jurisdiction went into.effe~t and vhen it came time to do the final design ~n the site, he requested DER to make page 23 - - - .. .. - December 10, 1985 a review of the site. He stated that there are about 2S acres of the 40 acre site that is planned to be jurisdictional. He stated that he has discussed the probability of being able to obtain development permits for the site vith DER and they have indicated that although 25 acres may be jurisdictional, six acres in the southvest portion of the froject is the part that is worthy of preservation. H~ noted that the entire wetland area is heavy with melaluca. He stated that they vould relocate the lake and wrap it around the eastern perim.ter of that preservation area and make the entire 11 acres an overall part of the water management retention system. He stated that he had to relocate a lot of the user facilities in order to accomplish this, adding that the only things that were lost vas one tennis court and the recreation building had to be reduced. He noted that about 6 acres of open space vas lost between the user facilities. He stated that a few parking spaces were gained and that the user facilities that vere in the original Master Plan were able to be retained. He stated that they will still have to get a dredge and fill permit to do excavation in the jurisdictional wetlands. He noted that Parks, Recreation Director Vanatta is in full accord with the proposal and that he is asking for approval on the revised Master Plan. Coami..ion.r Boll.nd .ov.d, ..conded by Co..i..ioner B.... ond ~.rriod an.ni.ou.1y, that the revi..d E..t Naple. Coaaunity '.rk alte ...'·.at..· 'lan be approyed. Ite. ':'S Co.TRAC? 1M Tal AMOu.T or $873,000 rOR TSK COISTRUCTIOW or TBK REQUIRED SEWER ARIA eA- MASTEMATIR TRKATNEMT 'LAMT MODIrICATIOMS AWD IrrLUENT SPRAY IRRIGATIOM - AWARDED TO WIDELL ASSOCIATES, IMC. John Kadajewski, Utilities Division Engineer, stated that this is a request to award the bid for the first phase of construction for the Sewer Area -A- wastewater Treatment plant for the .pray irrigation ~roject to the Imperial CoIf Course. He stated that the Utility Division advertised and received bids on December 2, 1985, and out of the 7 contractors that submitted bids, the lower bidder was Widell Associates for a price of $873,000. He stated that this contractor has successfully completed the last expansion to the plant. He stated that he would like to get the second part of the project out for bid sometime next month. Coaal..loner Yo.. .oved, .econded by Coaal..ioner Co~ni9ht .nd carried unani.ou.1y, that a contr.ct In the ..ount of $873,000 for th. aDDK 091 PAGE 256 Page 24 "- . . .' -,' 00'1' '?57 December 10, 1985 aOO(co~t:~l1on of the requirecS Sewer Area -A- Wa.tewat.r Treat..nt Plant .edlficatlon. and .ff1u.nt .pray Irrigation be awarded to Widell As.ociat.., Inc. Mot.. Contract not received a. of 12/20/85 Ite. fl' DISCUSSIOII RIGARDIwa PROPERTY CASUALTY INSURANCE COVERAGE - 110 ACTIOM Risk Manager Rynders stated that she vas due to come back for a discussion regarding property casualty insurance coverage, adding that she has two companies that are still working on this and sh. i. still providing them with furth.r information and when she has something resolved she viII return to the BCC vith said infor.ation. Tape 19 Ite. 11 7 WILSOII, MILLIR, BARTOlI, SOLL , PIIK, IIIC. RlPRESINTIIIa AIOIOII GOtAlf, TRUSTEE rOR AGRO DIVlLOPMnT CORP. RI IOKIMG AHD DIYlLOPMDlT DOCI.ItIIlT APPROVAL FOR HORTa GOLDa GAT! AIID CHAIJUIAJI AUTHORIZED TO EXECUTE SETTLEMENT AMD %ONIIIG AGREEMENT - APPROVED Assistant County Attorney Cuyler stated that the backup material has two documents, the zoning and development document and the settlement and zoning agreement vhich had some minor changes. Commi.sioner Hasse stated that he voted against this last time as it 1. too big a develop.ent for that area and he does not believe in tl.!:J type of a trade-off for lawsuits. Co..l..loner Vo.. .oved, seconcS.d by Co..i..ioner Goodnight and carrl.d 4/1, (Coeml..ioner la... oppo.ecS), that the zoning ancS d.yelopa.nt document for A9ro DeYelopaent Corporation for ~~rtb Golden G&t. be approved and the Chairman be authoriz.d to .xecut. the .ettl...nt and zoning .gr....nt in order to .ettl. the Ca.. on behalf of Collier County. nOTE: Documents not received 81 of 12/20/85. Page 25 - - - .. - - Dac-.ber 10, 1985 It.. 118 ROUTIMI BILLS - APPROVED fOR PAYMEWT Pursuant to Resolution 81-150 the folloving checks throu;¡h Friday, December 6, 1985, in payment of routine CHECK DESCRIPTION CHECK NOS. were issued bills: AMOIINT Vendors 136408 - 136652 $682,037.81 It.. 119 BUDGIT AMEWDMIMTS 86-77/85 - ADOPTED Co..i..i.ner Voss .oved, .econded by Co..i..ioner Bolland and carried un.ni.ou.ly, th.t Budget .....nd..nt. 86-77/85 ba adopt.d~ Ite. 120 SPECIAL ICC AlITI»G AT 3100 P.M. DICEMBIR 19, 1985, If MICESSARY rOR THI RISOURCE RICOVERY CO.TRACT County Manger Lusk stated that the County Attorney has indicated that there is a possibility that the contract vith Shawmut/Westinghouse may not be ready for the .eeting of December 17, and if that is the case, there may have to be a special meeting called at 3:00 P.M. on December 19, 1985. He stated that there may also be another item having to do vith the water and sewer bond issue. Ite" '21 R~~OLUTIO. 85-263 DISIaMATI»G I»GLISB TB. orrICIAL LAMGUAG~ Of THI STAT! or fLORIDo\ - ADOPTED Commissioner Pistor stated that there have been several requests that the Commission endorse the idea of English being designated as the official language for Florida. He noted that it costs a lot of money to print ballots in two languages and in order to become an American citizen one has to be able to read English and, therefore, English should be the official language. Co..i..ioner Vo.. .oved, .econded by Co..i..loner s.... .nd carried unani.ously, th.t Re.olution 85-263 de.ignating English the offici.l l.ngu.ge of the St.t. of florlda be adopt.d. Note: Document not received a8 of 12/20/85. ao~~ 091 PAGt 258 Page 26 ,...--...,""."".....-.. '.. .' ..... ,.1 1'* 00lpA',l~259 Dt:cemb~r lO, 1985 RESOLUTION 85-264 REQUESTING THE STATE LEGISLATURE TO CONTACT THE INSURANCE COMMISSIONER IN REGARDS TO MANDATING COMPANIES TO FURNISH INSURANCE FOR BUSINESS PEOPLE IN THE STATE OF FLORIDA - ADOPTED Commissioner Holland stated th~t th~rw ór6 businesses ìn the State of Florida thÐt cannot continue to operat~ bccðus3 there is not insurance available, adding that this resolution is addr~ssed to the Legislature and the Insurance Commission. He stated that anything that can be done to require the State to require the companies that sell insurance in the state to provide coverag~ for businesses in the same mðnn~r as risk insurance is provided, would b~ helpful to many businesses. He stated that he does not see thdt this could hurt, and it should make everyone aware that there are people that are trying to obtain coverdg~. Commissioner Voss stated that he concurs, but he is concerned that the payment will be so high that it will not be affordable. Commissioner Holland statud that this could happen but as it stands right now, there are companies that cannot even obtain insurance. Co..issioner Holland .oved, seconded by Commissioner Voss and carried unanimously, that Resolution 85-264 requesting the State Leg1clature to contact the Insurance Commissioner in regards to ~lndatin9 companies to furnish insurance for business people in the Stete of Florida be adopted. Page 27 .. " '.. - - ___;",_·,.",-,~_·"~".."";W,~",_",e,-",,,o<.~ · .' December 10, 1985 Ite. 123 ,;; 09IfAr,~261 STAPr AUTBORI%ID TO OBTAI. BIDS rROM EHGIHIIRIMG PIRR RI A BEACH R£øOURISHMEHT SURVEY IH TBI UNIWCORPORATZD AREA or COLLIER COUNTY Commissioner Pistor stated that he was going to ask the Board to approve a possible ordinance creating a taxing district, but in trying to get an ordinance prepared, Staff found that there was money in the budget that has been allocated for a use such as this. He noted that all the beaches along Collier County are in various stages of disintegration. He stated that it has been recommended to him that a study be made vith a recommendation as to what can be done about renourishing the beaches in the areas vhere it has been vashed avay and what it will cost. He stated that he would like to see a referendum put on the September 2, 1986, primary aSking if the people vou1d be willing to support the tax of not more than half a mill so that the County can renourish the beaches. He stated that if the County goes ahead with the study, the City would be glad to be included in the referendum because they need work done, too. Co..i.sioner Vo.. .oved, .econded by Co..i~.ioner Goodnight and carried unani.ously, that Staff be authorized to obtain bid. fro. EngIneering fir.. re a beacb renourlsbaent survey In the unincorporated ~~~a of Collier County. Ite. ~24 .. . EMERGE.CY DECLARED. ORDIIIAJlCI 85-73 AMDDIHG ORDIHAJlCI 83r50 RELATING TO THI REGISTRATIOH AND REGULATION OP MOTOR VEHICLES POR HIRE - ADOPTED Tom Olliff, Fleet Management Director, stated that last week an ordinance was brought before the BCC regarding vehicle. for hire and due to the same insurance question that has previously been discussed, the ordinance was tabled. He stated that he was asked to come back with an emergency ordinance that would take care of the immediate needs of the industry as far as the increasing rates for the insurance as it exists and a nev rate schedule. He stated that this emergency ordinance amends the existing ordinance and allovs a new rate structure to be adopted. He noted that a small boundary change has also been made in this ordinance from the Lee County line to County Road 846. Co..i..loner Bolland moved, .econded by Co..i..loner Vo.. and carried unanLaously, that an e.ergency b. declared. pag e 28 ,. - - - "~-"''''''--"",'",.~,,,.....-............- " .. .. .. December 10, 1985 coaai..ioner Vo.. .oved, .econded by Co..i..ioner Ha..e and carried uoani.ou.ly, tbat Ordinance 85-73 ..ending Ordinance 83-50 ~elating to the regi.tration and regulation of .oto~ vehicle. for hire by instituting a new rate schedule and zone boundarie. be adopted whereupon tbe Ordinance as nuabered and entitled below wa. entered Into Ordinance Book 1221 ORDI~CE .0. 85-73 AM ORDINAMCE AMENDI.a SICTIOK . or ORDINAMCI NO. 83-50 WBICB PROVIDES rOR Tal REGISTRATION AMD REaULATION OF OPERATORS or MOTOR VEBCILES rOR BIRI WITHIN COLLIER COUNTY; SAID AMENDMEXT ISTABLISIIMG A REVISID SCHEDULE or RATES AND ADDITIONAL CHARGES walCH REFLECT AM INCREASE. PRO- VIDIMG rOR COMrLIC~ AMD SEVERABILITY, AKD PROVIDINa AM Err&CTIYJ: DATE. Ite. 125 MR. ROIlALD BILL APPOIKTED TO LOIIG-RAMQE IMrRASTRUCTURE AD HOC COMMITTEE AS REPRESENTATIVE or THE NAPLES AREA BOARD or REALTORS Co..i.sloner Goodnlgbt moved, .econded by Co..i..ioner Bolland and carried unanl.ously, that Mr. Ronald Bell be appointed to the LoD9-~.nge Infra.tructure Ad Roc Co..ittee a. repre.entatlve of the Nap1.. Area Board of Realtor.. Ite. U' MRS. JIAJI MCIIULLD, AR. JAY CRAVEN AND MR. LOUIS ISSACS APPOINTED TO TBI OCBOPIE rIRI CONTROL DISTRICT ADVISORY COMMITTEI Co..i..ioner Bolland moved, .econded by Co..I..lone~ aoodnlqht and carried unaniaou.ly, that Mr.. Jean McMullen, Mr. Jay Craven, and Mr. Loul. I...c. be appointed to the Ocbopee rir. Control Di.trlct Advi.ory Coaaltte. with the fo11oving teraal Jean McMullen 2 yr. ter. Jay Craven 2 yr. tera Loui. I..ac. fulfilling tbe ter., expiring expiring on Dec. 31, 1987 expiring on Dec. 31, 1987 rea.inder of Ms. Hargrov.-. on December 31, 198'. Ite. 127 COKMISSIOMIR PISTOR TO B& RlIMBURSID lOR IXPEKSES IWCURRlD WHILI DR; RAPPI NAS YISITINa .APLIS Commissioner Voss stated that last week Professor Rappe was visiting from Sweden at his own expense, but Commissioner pistor had to entertain him and his wife and the man that came with them. He stated that this vas ð considerable expense to Commissioner Pistor, adding that he feels that this should be the County's expense and not aOOK 091 PAGE 262 Page 29 U .'~'I'_<"''''''_'''<''"'_''''F "._"_"''''_~''"''",""""·.;~<.;~_·...",_"_..,...,,,,,_,,"''''o''~··'·', December 10, 1985 He stated that Commissioner pistor a;OK 09I pm 263 Commissioner pistor's expense. should be reimbursed. Co..i.sioner Vo.. .oved, .econded by Co..i..ioner Goodnight and carried unani.ously, that Co..i.aioner ,iator be rei.buraed for the expense. incurred while Dr. Rappe wa. vi.iting Hap1e.. Ite. '21 C~IBUTIOI or $4,700 TO THE COLLIER COU.rr STATE rAIR EXHIBIT I. TAMPA - APPROVED Commissioner Holland stated that he does not feel that people are aware of what the Collier County Agri-Business Women's Association does as far as State Fair's are concerned. He stated that among 66 counties, Collier County placed 6th, addi~g that he feels that this i. deserving of cooperation on the County's part. He noted that they handed out in excess of 3,000 pieces of literature pertaining to the businesses and surroundings of Collier County. He stated that the money is used to put on an exhibit, adding that they are supported by the Chamber of Commerce in Naples and Immokalee and that this is a worthwlle cause. Co..i..loner Bolland moved, .econded by Co..i..ioner Goodnight and c_rrled unanl.ous1y, that the contribution of '4,700 to the Coll1.r CO\'~ty State r.lr exhibit in Ta.pa be approved. IU. '29 APPROPRIATIOIS rRON TBI LAW EKrORClM1WT COHrISCATIOM TRUST rUin rOR THE .~OCUREK&KT or SPICIALIZID PIRSOMAL SIRVICES AMD EQUIPMIMT rOR THI SBIRIrr's orrICI . APPROVED Mr. Don Hunter, Sheriff's Department, stated that he is requestin9 funds for special personal services and equipment from the Law Enforcement Confiscation Trust Fund. He noted that the total figure is $305,570, adding that there is a current balance as of October 1, 1985, in the Trust Fund of $6l8,13l.87. He noted that t~is vould leave a balance of $233,000 for the remainder of the year. Commissioner Pistor questioned if this money has been appropriated in any other place in the b\~get, to vhich Mr. Hunter replied negatively. Tape 110 Commissioner Pistor questioned if this next year's budget if this is approved nov, that if these projects prove beneficial, he next year's budget. is 90in9 to vhich would be to be added to Hr. Hunter replied asking for them in Page 30 ,- .. .. .. >"""-~"---- ..~- ~ '1'_'''''''~''''~_''·''·'.d''''''''"·'''«'"··_·''·'-"'''''''''''''''''''''''<' .. .. .. December 10, 1985 Commis8ioner V08S stated th.t this does not automatically mean that this vill be approved in next year'. budget. Co..is.lon.r Boll.nd .oved, .econded by Co..I..loner B.... .nd c.rrled un.nl.ous1y, that the appropriation. tro. tbe Lev I~torce.ent Confi.cation Tru.t Fund for tbe procure.ent of .pecializ.d per.on.1 service. and eq~ipaent for the Sheriff'. offic. be .pproved. .... ..... Co..i..ioner Soll.nd .oved, .econded by Co..i..ioner H...e and carri.d un.ni.ou.ly, tb.t tbe following ite.. und.r the Con..nt Ag.nda be adopted and/or .pproved. ..... Ite. '30 CARJIIYAL PERMIT 85-6 RE PETITIOM C-85-3I, 'LAJOIED PARIIITSOOD ASSOC. or SOUTHWEST rLORIDA RE A CIRCUS IN IMMOXALEE ON DECEMBER 14, 1985 See '1985--< t,,f -~ 7 ~ Ite. '31 Bu¡r.rr NlDIICDT 1M MOUJIT 01' U7,000 '1'0 'URCBASI A SCRAPER rOR TBE !1!:t.ZS LAMDIILL Ih::l . 32 LAKI TRAFrORD MEMORIAL aARDElS CEME'l'IRY DI~ MOS. 432, 43~, 434, 435 , 436 See '.ge. a 73 - ~ 77 It.. C33 PRELIMIXARY ACCEPTA»CI or roxrIRE UNIT 3 - ACCIPTAHCE 01' LITTER Of CRlDIT FROM fIRST TEXAS I'IDILITY CO. IN AMOUNT or '60,548 AHD RILIASE or LETTER or CREDIT FROM CHEMICAL BAHK IN AMOUNT 01' $490,037.45 8ee '.ge ¡J. 7f/ %te. 134 I'IXAL ACCIPTAMCI or QUAIL CRlIK UNIT I - RILIASI 01' LITTER or GUARANTEE rROM MAPLES rEDERAL S&L IN AMOUNT or $102,733.80 It_ 135 GRAIIT AGREIMIJIT BnwED '1'BE rKDERAL AVIATIOM ADMIHISTRATIO)l AHD COLLIER COUNTY rOR THE IMMOXALEE AIRPOR~ MASTER 'LAH Se. Page. J.79-df3 am 09I pm 26'4 P!lge 31 ...c.,"~_.~'""'''·''_·''''--''"''"_'''''··'''W"'·';''''"·'''''·'".~_''' "'.. '. '. ,."'-.,-- December 10, 1985 Ite. 136 am 091~AGt265 APPOIMTMEHTS TO JTPA PRIVATE INDUSTRY COUNCIL Micbael Matkins, General Manager, Maples Beach Botel , Golf Club Peter Bubscbaitt, General Manager, Marriott Marco Beach Re.ort Ite. 137 CBAJlGE ORDER TO AERO PRODUCTS RE BID 1875 rOR PURCHASE or TWO 1986 AMBULANCE CHASSIS AT AM ADDITIONAL COST or $1,797 EACH lte. '38 RESOLUTIOIl 85-265 APPROVING SALI or RAW WATER BY CITY or MAPLES TO .-' COLLIER COUNTY SCHOOL BOARD rOR THE BIG CYPRESS ELEMrHTARY SCHOOL See Page. ;J.,R' f ~ ~ if " t ,: '~;,~:~: ......,- Ite. '39 BID IIS-t22 AWARDED TO ALL rocl: IHC; 1M AJIIourr 01' $G,'35~20 rOR SHIRIrr'S IM'OUHDID VEBICLI LOT Legal notice having been published in the Naples Daily N9WS on November 12, 1985, as evidenced by Affidavit of Publication filed with the Clerk, bids were received for security fencing until 2:30 P.M., Nðvember 21, 1985. It~ J.4 0 COMrIRMATIOM or APPOIHTMEMTØ or JIM O'COH1IILL AS Y1CE PRESIDEHT AND BOB SMITH AS PAST PRlSID~ or !WI COLLIER COUMTY rAIR BOARD rú~ TBE 1986 PAIR Ite. '41 CERTIrICATIS or CORRECTION TO THE TAX ROLL Tangible per.onal Property 1985 ~ ~ 11/27/85 11/27/85 !t85-60 1985-62 Ite. 14 2 MISCELLANEOUS CORRESPOMDEHCI rILID AND/OR RErERRED There being no objection, the Chair directed that the following miscellaneous correspondence be filed and/or referred to the various departments as indicated below: " Page 32 , ; 1 ',.. ,* - - ="'h"~"'_""" ""'~~"_'"~'''''''';'''''__'....',<··,"._..·.",,4_'.'''';'''''''·'''''''''"'"'""'"·.",.·.·....".,·,_..."·<M"..,·~··'~,.,_·;,...,"'""""·.,_--..-_>.,~,.,.,,,..',"',....,',.., .. .. .. December 10~ 1985 1. Copy of letter dated 11/19/85 to South Seas West Condominiums from Tony D. McNeal, En~in.er, DNR, regarding approval of emerg.~cy per_it, Permit File No. CO-l27E. Referred to Vickie Mullins, Dr. Proffitt and filed. 2. Memorandua to Robert Fahey, Solid Waste Director from James Giles, Fiscal Officer, regarding Solid Waste Disposal Prelimihary Financial Statements for the period ended September 30, 1985. Referred to Lori Zalka, filed. Memorandum to Doug Greenfield, EMS Director, from James Giles, Fiscal Officer, regarding EMS. preliminary Financial State- ments for the period ended September 30, 1985. Referred to Lori Zalka, filed. 3. 4. Memorandum to Thomas Olliff, Fleet Management Director from Fiscal Officer James Giles regarding Fleet Management/Motor Pool Preliminary Financial Statements for the period ended September 30, 1985. Referred to Lori Zalka, filed. Memorandum to County Manager Donald B. Lusk from Fiscal Officer James Giles regarding financing for Sheriff's Marco Substation. Referred to Lori Zalka, filed. 5. 6. Copy of letter dated 11/26/85 to paineWebber, Inc. from James Giles, Fiscal Officer, regarding $82,500,000 Water and Sewer Revenue Refunding Bonds. Referred to Lori Zalka, filed. 7. Copy of letter dated 1l/19/85 to James Giles, Fiscal Officer, from Gene Mynrad, Dept. of Transporta:ion, regardfng the Lease/purchase Agreement for the 1963 Ev.rglades Parkway Bond Issue and attaching Check No. 290 in the amount of $184,oao.aa as partial reimbursement of the Collier County Cas Tax Funds used for debt service. Referred to Lori Zalka, filed. 8" Notice of Appeal dated 11/25/85 from the Land and Water Adjudicatory Commission regarding Parklands DRI Development Order No. 85-4, and Ordinance 85-6. Referred to Pam Bran9ãccio, Vickie Mullins and filed. settlement of Stipulation received 11/27/85 from the Land and Water Adjudicatory Commission regarding Development Order No. 85-3 and Ordinance 85-17, aprroving a DRI known as Lely. Referred to Pam Brangaccio, vick e Mullins and filed. 9. 10. ll/l1/85 petition from taxpayers of Collier countr' business owners, employees in Collier County, users of Nap es Airport and interested citizens opposing a zoning change from agri- culture to PUD and the proposed -River Reach- development. Referred to Pam Brangaccio, Vickie Mullins and filed. Letter dated 12/02/85 from Frank Alex to BCC opposing development known as -kiver Reach-. Referred to Ann Mckim, filed. 11. 12. Letter dated Il/29/985 from Dale Council to BCC opposing thQ proposed development known as -River Reach-. Referred to Missy McKim, filed. mK 091pA/it266 Page 33 ,.. '. ,,,,,,.,,,,,,,,,,"",,,,,,,.,"', ".~ '. "- ,."" December 10, 1985 aoO( 091 rAGE 267 . . . . . . There being no further wsiness for the o,od of the County, the sneetinq WlS adjourned by order of the Q\air - Timel 3:45 P.M. BOARD Œ COONTY CCW'IISICUERS/ acw:u> œ za./ING APPEALS/EX OFFICIO GOWRNING eo.z..RD (5) OF SPECIAI. DISTRICTS l1'IDER ITS CœI'OOL A Tl'ES'l' : WI~\i'A"RBr.ao.N, CLER< ,,~^, ,~ '..' ~Î .~ ('.... " 't _.,/ "0:,. ~. . :' ~';J~'~C. :;The-.' ~ nut'.~/· appr,oved b¡ the see on 4. ~, .. 7 'Z ð/~ ,"\ .... 1,01::..' ~ '~''rè~h(Jð ...~ or as corra;d . '. "4 ·~'~1\\~':'· (}ß1;: I Pa9. 34 .. .. .. "''''-"-'-'''-'~'''~'~~''- ~-,,,,,-,,,...,,-..,.~.'-~''''