Agenda 12/13/2011 Item #17AProposed Agenda Changes
Board of County Commissioners Meeting
December 13, 2011
MOVE ITEM #17A TO ITEM #8C: RECOMMENDATION TO APPROVE
A RESOLUTION ALLOWING THE COLLIER COUNTY WATER -SEWER
DISTRICT TO EXPAND WATER AND WASTEWATER SERVICE
DISTRICT BOUNDARIES TO INCLUDE PORTIONS OF A DEVELOPMENT
KNOWN AS HACIENDA LAKES, AND SURROUNDING AREAS
CURRENTLY OUTSIDE OF THE EXISTING BOUNDARIES.
(COMMISSIONER HILLER'S REQUEST)
Continue Item 9K to the January 11_0 2012 BCC Meeting This item continued from the November 8, 2011 BCC
Meeting. Recommendation to approve a Resolution acknowledging the Board of County Commissioners
support of Senate Bill 192 pertaining to amending the procedures for merger and dissolution of two or more
independent special districts. (Commissioner Henning's request)
Move Item 16A4 to Item 10P: This item requires ex parte disclosure be provided by Commission members.
Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to
approve for recording the final plat of Arthrex Commerce Park, approve the standard form Construction and
Maintenance Agreement and approve the amount of the performance security. (Commissioner Hiller's
request)
Move Item 16A16 to Item 100: Recommendation to approve release of lien in the Code Enforcement Action
entitled Board of County Commissioners vs. Jack and Emma Mae Barrs, Code Enforcement Board Case No.
2002 -008, relating to property at 2990 Sunset Boulevard, Collier County. (Commissioner Hiller's request)
Move Item 1. A19 to Item 1OL: This item requires ex parte disclosure be provided by Commission members.
Should a hearing be held on this item, all participants are required to be sworn in. Recommendation for the
Board of County Commissioners (Board) to accept a process to review past Staff Clarifications and Official
Interpretations of the Land Development and Building Codes and to accept specific Staff Clarifications and
Official Interpretations attached to this Executive Summary. (Official Interpretations are quasi - judicial.)
(Commissioner Henning's request)
Move Item 16A21 to Item 1ON: Recommendation to approve the issuance of a building permit prior to the
approval of a Planned Unit Development Rezone and Site Development Plan Amendment, for a twenty five
thousand square -foot classroom and office addition to the existing Community School of Naples, not to exceed
the same existing upper school building height of thirty two feet. (Commissioner Hiller's request)
Move Item 16A24 to Item 1OM: Recommendation to direct the County Manager, or his designee, to suspend
collection of Affordable Housing Contributions, pending Board decision on a Land Development Code (LDC)
Amendment to remove Affordable Housing Contribution commitments. (Commissioner Hiller's request)
Continue Item 16A26 to the January 24 2012 BCC Meeting Recommendation to approve the third
amendment to the cooperative agreement with the South Florida Water Management District, Agreement No.
C- 11759, regarding operation and maintenance of designated primary watercourses in Collier County,
modifying the agreement terms and extending the term until September 30, 2024. (Staff request to address
concerns with property owners along affected canals that are subjects of the agreement.)
Move Item 16132 to Item 13133: Recommendation to approve a Resolution certifying the statutory dedication
and acceptance of portions of South First Street through South Ninth Street, South Sixth Court, Boston,
Colorado, Delaware and West Eustis Avenues, all located in Immokalee, Florida, also being a part of Section 4,
Township 47 South, Range 29 East, of the Public Records of Collier County, Florida, by virtue of the County's
continuous and uninterrupted maintenance of the roadway in excess of seven years and authorize the filing of
a Right -of -Way map being more specifically shown in Exhibit "A ". (Commissioner Hiller's request)
Delete Item 16C13: Recommendation to approve an Agreement with Adam j. Piskadlo and Barbara K.
Piskadlo for the purchase of property for the relocation of sub - master pumping station 300.06 at a cost not to
exceed $78,000, Project Number 70046. (Sta)fs request due to reconsideration of sale by property owner)
Continue Indefinitely Item 6D12: Recommendation to approve and authorize the Chairman to sign the
"Certification for Implementation of Regulatory Reform Activities Required by S.H.I.P" and reports for fiscal
years 2006/07, 2007/08, and 2008/09 and authorize submission to Florida Housing Finance Corporation to
ensure compliance with program requirements. (Staff request allowing additional time to collaborate with
Florida Housing Coalition (FHC), the County's SHIP technical advisor, on report contents.)
Recommendation to approve and ratify Staffs
approval of Change Order #1 for a time extension to Q. Grady Minor and Associates, PA (Work Order
#4500116917) and make a finding ofquantum meruit'in order to process invoices for Phase 2 permitting
work at the Immokalee Regional Airport. (Commissioner Hiller's request to move item /language revised at
County Attorney's request)
Move Item 16G3 to Item 13A4: Recommendation to approve and ratify Staffs authoAzation unauthorized
approval of Change Order #2 to Passarella and Associates, Inc. (Work Order #4500116918) for a time
extension and make a finding of quantum meruit in order to process invoices for Phase II environmental
permitting work at the Immokalee Regional Airport. (Commissioner Hiller's request to move item /language
revised at County Attorney's request)
R l
Items 13A3 and 13A4: Requested to be heard prior to Item 13A1. (Commissioner Hiller's request)
Item 16A6 requires that ex parte disclosure be provided by Commission members. Should a hearing be held
on this item, all participants are required to be sworn in. (County Attorney's request)
Time Certain Items:
Item 9M to be heard at 5:00 p.m.
Item 9L to be heard at 5:15 p.m.
Item 10B to be heard at 10:45 a.m.
Item 10H to be heard at 1:00 p.m., followed by Items 10L, 10I and 8A
Item 11A to be heard at 4:30 p.m.
Item 12A to be heard at 4:00 p.m.
1.2/14/2011 11:15 AM
12/13/2011 Item 17.A.
EXECUTIVE SUMMARY
Recommendation to approve a resolution allowing the Collier County Water -Sewer District to
expand the water and wastewater service district boundaries to include portions of the
development known as Hacienda Lakes, and surrounding areas, that are currently outside the
existing boundaries.
OBJECTIVE: That the Collier County Water -Sewer District (CCWSD) expands the water and wastewater
service district boundaries to include portions of the development known as Hacienda Lakes, and surrounding
areas, that are currently outside the existing boundaries.
CONSIDERATIONS: A significant portion of the development known as Hacienda Lakes (Exhibit "A" to the
Resolution) is currently outside the CCWSD service district boundaries. Hacienda Lakes of Naples, LLC,
(Developer) has requested that those portions be included in the CCWSD's boundaries. CCWSD supports this
request because it will simplify the utility conveyance process, provide straightforward access for future
maintenance of the water and wastewater infrastructure, and ensure the proper assessment of utility impact fees.
The Laws of Florida, Chapter 2003 -353 (Special Act) allow for the expansion of the CCWSD by resolution. The
proposed expansion does not conflict with the Special Act. The proposed resolution for expansion is attached.
The boundary will expand by sections using the Section/Township/Range reference currently utilized by the
Collier County Property Appraiser (as highlighted in Exhibit "A" to the Resolution).
On October 25, 2011, the Board of County Commissioners approved Ordinance No. 2011 -41 (PUDZ- 2006 -AR-
10146) for a 2,262 acre project to be known as Hacienda Lakes MPUD, located in Sections 11 through 14 and 23
through 25, Township 50 South, Range 26 East, and Sections 19 and 30, Township 50 South, Range 27 East,
Collier County, Florida ( "Hacienda Lakes "). The Resolution references this approval date.
FISCAL IMPACT: The Hacienda Lakes MPUD lists 1,760 dwelling units; 327,500 square feet of retail space;
210,000 square feet of professional and medical office space (includes the Business Park); a 135 -room hotel; and,
an elementary school site for 919 students. A conservative calculation for these types of structures estimates $9.3
million in utility impact fees; $1.8 million in Allowance for Funds Prudently Invested (AFPI) fees; and annual
water /wastewater utility billing revenues of $1.2 million. The total fiscal impact will not be known until the
development has completed all planned structures. The advertising cost for this item has been paid by Developer.
GROWTH MANAGEMENT IMPACT: Impact Fees generate funds to be spent on capital improvements to
public facilities necessitated by growth. This is consistent with Objective 2 of the Capital Improvement Element
of the Collier County Growth Management Plan, which states "Future development will bear a proportionate cost
of facility improvements necessitated by growth."
LEGAL CONSIDERATIONS: This item is legally sufficient for Board approval and requires a majority vote. -
JBW-
RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida, as the Governing
Body of Collier County and as Ex- Officio the Governing Board of the Collier County Water -Sewer District
approve a resolution allowing the Collier County Water -Sewer District to expand the water and wastewater
service district boundaries to include portions of the development known as Hacienda Lakes, and surrounding
areas, that are currently outside the existing boundaries.
PREPARED BY: Gilbert Moncivaiz, Impact Fee Coordinator, Public Utilities Division
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12/13/2011 Item 17.A.
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.A.
Item Summary: Recommendation to approve a resolution allowing the Collier County
Water -Sewer District to expand the water and wastewater service district boundaries to include
portions of the development known as Hacienda Lakes, and surrounding areas, that are
currently outside the existing boundaries.
Meeting Date: 12/13/2011
Prepared By
Name: Gilbert Moncivaiz
Title: Impact Fee Coordinator,Utilities Finance Operation
9/30/2011 8:04:05 AM
Submitted by
Title: Impact Fee Coordinator,Utilities Finance Operation
Name: Gilbert Moncivaiz
9/30/2011 8:04:07 AM
Approved By
Name: HapkeMargie
Title: VALUE MISSING
Date: 9/30/2011 8:19:45 AM
Name: WidesTom
Title: Director - Operations Support - PUD,Utilities Fina
Date: 9/30/2011 10:18:01 AM
Name: WhiteJennifer
Title: Assistant County Attorney,County Attorney
Date: 10/3/20118:15:40 AM
Name: ChmelikTom
Title: Project Manager, Principal,Public Utilities Engine
Date: 11/16/2011 9:12:25 AM
Packet Page -3763-
Name: YilmazGeorge
Title: Director - Wastewater,Wastewater
Date: 11/27/2011 10:21:12 AM
12/13/2011 Item 17.A.
Name: WhiteJennifer
Title: Assistant County Attorney,County Attorney
Date: 11/28/20112:06:17 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 11/28/20114:27:32 PM
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management & B
Date: 11/30/20113:24:46 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 12/2/20118:51:57 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 12/2/20119:14:15 AM
Name: SheffieldMichael
Title: Manager- Business Operations, CMO
Date: 12/2/2011 10:14:14 AM
Packet Page -3764-
12/13/2011 Item 17.A.
RESOLUTION NO. 2011 -
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF
COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD
OF THE COLLIER COUNTY WATER -SEWER DISTRICT,
EXPANDING THE BOUNDARIES OF THE COLLIER COUNTY
WATER -SEWER DISTRICT TO INCLUDE SECTIONS 12, 13, 24 AND
25, TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND SECTIONS 19 AND
30, TOWNSHIP 50 SOUTH, RANGE 27 EAST, COLLIER COUNTY,
FLORIDA WITH THE INTENT OF INCLUDING THOSE AREAS OF
HACIENDA LAKES NOT ALREADY WITHIN THE COLLIER
COUNTY WATER -SEWER DISTRICT TOGETHER WITH THE
SURROUNDING AREAS DEPICTED ON THE ATTACHED EXHIBIT
A.
WHEREAS, on October 25, 2011, the Board of County Commissioners approved
Ordinance No. 2011 -41 (PUDZ- 2006 -AR- 10146) for a 2,262 acre project to be known as
Hacienda Lakes MPUD, located in Sections 11 through 14 and 23 through 25, Township 50
South, Range 26 East, and Sections 19 and 30, Township 50 South, Range 27 East, Collier
County, Florida ( "Hacienda Lakes "); and
WHEREAS, a portion of Hacienda Lakes is currently located within Collier County
Water -Sewer District boundaries (depicted in Exhibit "A" attached hereto); and
WHEREAS, the remaining portion of the Hacienda Lakes is currently located outside
Collier County Water -Sewer District boundaries (also depicted on Exhibit "A" attached hereto)
and not located within another water -sewer district's boundaries; and
WHEREAS, Hacienda Lakes of Naples, LCC ( "Developer ") has requested that Collier
County Water -Sewer District serve the entire Hacienda Lakes development; and
WHEREAS, the area proposed to be expanded includes Sections 12, 13, 24 and 25,
Township 50 South, Range 26 East, and Sections 19 and 30, Township 50 South, Range 27 East,
Collier County, Florida; and
WHEREAS, Section 3, Subsection 3 of Chapter 2003 -353, Laws of Florida, the Collier
County Water -Sewer District Act, allows for such boundary expansion with Board approval; and
WHEREAS, it is in the interest of health, safety and welfare to expand the boundaries of
the Collier County Water -Sewer District as provided for herein.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY
OF COLLIER COUNTY AND EX- OFFICIO THE GOVERNING BOARD OF THE
COLLIER COUNTY WATER -SEWER DISTRICT, that:
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12/13/2011 Item 17.A.
1. The boundaries of the Collier County Water -Sewer District are hereby expanded to
include Sections 12, 13, 24 and 25, Township 50 South, Range 26 East, and Sections 19
and 30, Township 50 South, Range 27 East, Collier County, Florida. The location of the
boundary expansion is attached hereto as Exhibit "A ".
2. Future development within the expanded boundary is subject to Ordinance No. 2001 -13,
as amended, the Consolidated Impact Fee Ordinance, or its successor.
THIS RESOLUTION ADOPTED after motion; second and majority vote favoring
adoption on this the day , 2011.
ATTEST:
DWIGHT E. BROCK, CLERK
LON
Approval as to form
and legal Sufficiency:
Jennni r 13.. White
Assistant County Attorney
, Deputy Clerk
2
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AS
THE GOVERNING BODY OF COLLIER
COUNTY AND AS EX OFFICIO THE
GOVERNING BOARD OF THE COLLIER
COUNTY WATER SEWER DISTRICT
LO-A
FRED W. COYLE, CHAIRMAN
Packet Page -3766-
Exhibit "A"
12/13/2011 Item 17.A.
Shaded area is outside the Collier County Water -Sewer District
Solid line is the current Collier County Water -Sewer District Boundary
...., Dashed line represents the expansion area of the Collier County
Water -Sewer District Boundary as described below:
Expansion of the Collier County Water -Sewer District to include Sections 12, 13,
24, and 25, Township 50 South, Range 26 East, and Sections 19 and 30, Township
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PUBLIC NOTICE 12/1312011 Item 17.A.
NOTICE OF PUBLIV ncAKINU
Notice is hereby given that the Board of County Commissioners of
Collier County will hold a public hearing on 1Lgaday; Decen"r 11,
2011. in the Boardroom, 3rd Floor, AdmirilftioW'BUpe, 9;t Collier
County Government Center, 3299 East Tamlami`Traii Naples, Florida
The meeting will begin at 9.00 A.M. The title of the p6posed Resolu
tion is as follows: ` x . 1w 4
A RESOLUTION OF THE BOARD OF COUNTY COMMIS-
SIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOV-
ERNING BODY OF COLLIER COUNTY AND AS. EX -OFFI-
C40 THE GOVERNING BOARD OF THE COLLIER COUNTY
WATER—SEWER DISTRICT, EXPANDING THE BOUNDAR-
IES OF THE COLLIER COUNTY WATER -SEWER DISTRICT
TO INCLUDE SECTIONS 12; 13, 24.AND.25, TOWNSHIP
50 SOUTH, RANGE 26 EAST, AND SECTIONS 19 AND 30;
TOWNSHIP 50 SOUTH, RANGE 27. EAST, COLLIER COUN=
TY, FLORIDA, WITH THE INTENT OF INCLUDING THOSE' .
AREAS OF HACIENDA LAKES NOT ALREADY WITHIN THE
COLLIER COUNTY WATER-SEWER DISTRICT TOGETHER
WITH THE SURROUNDING AREAS DEPICTED ON THE AT-
item to be addressed. Individual speakers will be limited to 3 minutes. .
on any item. The selection of an individual to speak on behalf of an
organization or group is encouraged. If recognized by the Chair, a'
spokesperson for a group or organization may be allotted 10 minutes
to speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum of
3 weeks prior to the respective "public hearing., In any case, written
materials intended to be considered by the.Board shall be submitted .
to the appropriate County staff a minimum of seven days prior to the
public hearing. All material used in presentations before the Board will
become a permanent part of the record:
Any person who decides to appeal a decision of the Board will need a
record of the proceedings pertaining thereto. and therefore, may need...
to ensure that a verbatim record of the proceedings is made, which.
record includes the testimony and evidence upon which the appeal
is based.
If you are a person with a disability who needs any accommodation in
order to participate in this proceeding, you are entitled, at no cost to
you to the provision of certain assistance. Please contact the Collier
.County Facilities Management Department, located at 3335 Tamlami
Trail East, Suite 101, Naples, Florida 34112 -5356, (239 252 -8380, at
least two days prior to the meeting. Assisted listening devices for the
hearing impaired are available in the Board of County Commission-
ers' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED W. COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
No. 678175571 December 2. 9: 2011
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