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BCC Minutes 03/10/1992 R Naples, Florida, March 10, 19!)2 LET IT BE REMEMBERED, that the Board of County Commissioners in i~ and for the County of Collier, and also acting as the Board of Zonin!~ Appeals and as the governing board(s) of such special districts as !~'have been created according to law and having conducted business ;'j herein, met on this date at 9:00 A.M. in R~GU~ SESSION in Building i! "F" of the Government Complex, East Naples, Florida, with the i~. following members present: CHAIRMAN: Michael J. Volpe '-' (Arrived 10:00 A.M.) '~? VICE-CHAIRMAN: Richard S. Shanahan ii~I Max A. Rasse, Jr. ' Burr L. Saunders Patricta A. Goodnight ALSO PRESENT: James C. Giles, Clerk; John Yonkosky, Finance :'?:'Director; Kathy Meyers and Debby Farris Deputy Clerks; Neil Dorrill County Manager; Jennifer Pike, Assistant to the County Manager; Ken Cuyler, County Attorney; MarJorie Student, Assistant to the County Attorney; Frank Brutt, Community Development Services Administrator; William Lorenz, Environmental Services Administrator; Bob Blanchard, Growth Planning Director; Ron Nlno, Philip Scheff, Bob Lord and Chahran Badamtchian, Planners; Brenda Wilson, Assistant County : Attorney; John Boldt, Water Management Director; Robert Wiley, Engineering Project Manager of Water Management Department; Peter 'Bolton, EMS Chief Helicopter Pilot; Tom Olliff, Public Services Administrator; Tom Kuck, Transportation Capital Projects Manager; Russ Muller, Engineer II; George Archibald, Transportation Services Administrator; Ken Baginski, Planning Services Manager; Harry Huber, Technical Services Supervisor of Office of Capital Projects Management; Barbara Burgeson, Environmental Specialist II; Project · Review Services: Sue Fi/son, Administrative AssIstant to the Board; :-' and Deputy Naller, Sheriff's Office. Page 1 March 10, 1992 Co~atsstonsr Hesse moved, seconded by Cants&toner Goodntght ~nd carried 4/0 (Comaissioner Volpe absent), that the agenda be approved wSth the follo~eing chan~ee: 1. Item #8Fl re expenditure for Helicopter Engine Turbine Repair - Added. 2. Item #aA1 re Petition Pu-go-1, College Properties - Continued to 3/17/92. 3. Item #16B3 moved to #aB! - Recommendation to approve contract agreement with Gannett Fleming Engineers & Planners as a Program Management Consultant to assist and supplement the Transportation Services Division with the CIE Projects. 4. Item #10A to be added - Approval for BCC to sign a permit for the parade for the Immokalee Harvest Festival. 5. Item #16H2 re Change Order #2 with Mitchell & Starke for Phase III-C Utilities Site modification for Pelican Bay. Xtem~3B ~?'COJ~SKIT &~KI~DA - APPROVED AND/OR ADOPTED ~e ~tion for approval of the Consent Agenda ia noted ~der Item ,ONINUTKS OF RK6~LAR BCC MHKTING OF NOVEMBER 12, 1991 - APPROVED AS Cmissionsr Hmsse moved, seconded by Conisetoner Goodntght and carried 4/0 (Conisstoner Volpe absent), that the minutes of the re~u- lar BCO meeting of Novem~r 12, 1991 ~ approved as presented. BIIPLOTE~ SERVICE ANARDS - PRESENTED Commissioner Shanahan congratulated the following employees and · presented them with Employee Service Awards: Maria T. Stllary, Water Management - 5 years Robert C. Wiley, Water Management - 5 years Its,SE FROCLAMATION PROCLAIMING MARCH 15-21, 1992 AS NATIONAL MIDDLE ,~DUCATION NEEK - ADOPTED Page March 10, ~992 Co~tss:lonsr Saunders ~oved, seconded by Co~mtsatonsr Goodntght ~nd c~xT~sd 4/0 (Con~estoner Volpe absent), that the proclmtlon proclalm/ng M~rch 15-21 os Nations! Middle Kducat~on Week be adopted. Page 3 Narch 10, 1992 92-170 THROUGH 92-178, AND 92-182 THROUGH 92-185 - Comm/~Joner H~se ~oved, seconded by Commissioner Saundera and c~rrl~d ~tmouely, that Budget A~end~ents 92-170 through 92-178 and i~ 92-1~2 through 92-185 be adopted. Zta~F1 BIDDING PROCESS TU~B~II~ REPAIR AN&RDED TO AIRNOIU~, INC. IN AN AMOUNT NOT TO EXCEED Peter Bolton, Chief Helicopter Pilot for Emergency Services, noted that on February 14, 1992, as the helicopter was being started, the turbine~s temperatures exceeded the maximum permissable limits and :~' caused an immediate shutdown. He reported that the turbine section r~' was then sent out for an inspection, to which only one facility could provide a loaner - Alrwork, Inc. He informed the Board that Airwork has completed the inspection and analysis and that their prices are . 'competitive. He said that this is not a biddable item, because the turbine will have to be shipped to each repair facility to conduct their own analysis and could take 6-10 weeks. He summarized that i/":' staff is recommending the Board waive the normal bidding process and ~;'. approve Airwork, Inc. as the vendor, to repair the turbine section. In response to Commissioner Hasse, Mr. Bolton clarified that the turbines are: removed and overhauled every 1,550 hours, which transla- i', res to approximately every 2~ years. He further noted that this tut- ''' bins only ha~ 480 hours of flight time on it. Mr. Bo/ton explained that in the past he has always done the ground runs and flight checks, but in the past year he has been training others to do that. He reviewed that when trying to start the turbine after a series of maintenance checks and having all the com- ponents disconnected, it is typical not to get an ignition of the tur- ~ bins section. He noted that normally at this point the pilot will ,~ .wait a minute and try again, but what happens is fuel is introduced 000 , : 10 Page 4 March 10, 1992 ~nto the turbine on the first and second attempt which causes a very ~hot start. He revealed that normally the temperature will reach a maximum and come down, but in this case it did not, it Just kept burning and the pilot did his best to shut the turbine down. County Manager Dorrtll added that there was no fire and no struc- !~ rural damage. Cc~doe~nar Saundera ~oved, seconded by Cow-~seXoner GoodnXght · ~d Ce~T~ 4/0 (C~es~oner Vol~ absent), to appr~e staff co~t~t~ve bidding process ~d authorize to A~ for the Co~ss~oner Saunders requested tha~ Mr. Cuyler review the ~nsur~ce coverage to determine if there would be any coverage for ' ~'.th~s. In response to Co~lsstoner Shanahan, Mr. Bolton explained that the loaner turbine is $1,925; the turbine section repair will not exceed $37,363.70, and added that used and serviceable parts for the turbine are trying to be obtained ra~her th~ buying new ones, which will lower the cost. Item ~8B1 CO~T ~~ WI~ ~~ ~IN~ ~I~S & P~RS ~ A ~~ ~~ CONS~T~ TO ASSIST ~ S~~ ~ ~~ATION S~VICES DIVISION ~ ~ CIE ~O~CTS - ~O~D Tom Kuck with Transportation Services, explained that the Program Management Consultant Contract ts structured to provide support ser- vices to transportation projects tn areas of engineering analysis, r~ght-of-way acquisition, environmental studies and permitting and construction inspection. ,~. He ex~lained that due to funding constraints and slower economic ~.. growth, the Transportation Capital Projects Department has already .'~mplem(~nted the design contracts. Be pointed out that the use of the .'.consultant may be limited initially and will be subject to individual task orders, fee structures subsequent to Board of County Commissioners review and approval of all task orders and funding. He Page 5 Hatch 10, 1992 'summarized that he is recommending board approval of this contract subject to the following changes that were addressed by the County Attorneyts office: 1. The final sentence in the first paragraph of paragraph 1.6 of the Professional Services Agreement, must be removed and made a part of the second paragraph, in paragraph 2. Paragraph 3.2, subsection D incorrectly refers to the Program as "pro~ect". Addit~onally, paragraph 3.3 improperly refer~ to the Program as 3. Paragraph 8.! line 14 contains a misspelled word - "directly". He noted that the main reason this item was moved off the consent agenda was to address these changes before the Board; he added that these changes have been made and staff is recommending approval of the contract. CoIl~lsiontr Hesse moved, seconded by Co~liss~oner Goodn~ght and c~ed 4/0 (Co~-~aeloner Volpe absent), to approve the agreement. Page 6 March 10, 1992 I~MXT FOR TI~ PARADE FOR THE I~OXALEE HARVEST FESTIVAL - APPROVED George Archibald, Transportation Services Administrator, stated ~]'. that he has contacted Florida Department of Transportation regarding .~,..thia item. He explained that the Board can either authorize the Chairman to execute this form or authorize a member of staff to exe- cute the form. He pointed out that the permit is only an indication that local government is privy to the parade and approves the parade in concept, and that there is no liability or responsibility that accompanies the signing of the permit form. Commissioner Goodnight related that the parade will be held April 11, 1992, from 8:00 A.M. to 12:00 P.M.; will begin at Immokalee Drive and continue down S.R. 29 to 846 and the Airport Access Road. She added that the Sheriff's Department is aware of this and will sign off on lt. Commissioner Good.night moved, seconded h~ Co~-lsetoner Hues and carried 4/0 (Coutseloner Volpe absent), to authorize the Chairman to exerts the authorization for the parade. O~IIA]CE 92-15 ~I PETITION NO. PUD-84-20-(2), ALAN RNYNOLD$ OF i" MI~L~II, I~LT~R, BARTON AND PEEK INC., REPRESENTING LELY CORI~%IkTXON, REQUESTING A ~ZO~ ~ON P~ TO ~ FOR ~ ~SES OF ~:~' ~X~ ~ ~Y, A ~SORT CO~I~ ~D ~C~ ~ ~R P~ FOR : ~O~ ~A~D NOR~ OF U.S. 41, ~ST OF C.R. 951 ~ SO~ OF ~ ~~~-~~ RO~ - '"~ Legal notice having been published in the Naples Dally News on ... February 5, 1992, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition PUD-84-20(2), filed by Alan Reynolds of Wilson, Miller, Barton and Peek, Inc. representing Lely Development Corporation, requesting a rezone from PUD to PUD for the purposes of amending the Lely, A Resort Community PUD Document and Master Plan to effectuate a new Master Plan and to amend certain provisions of the PUD Document while maintaining the same density and intensity of land uses for the Lely, A Resort Page 7 March 10, 1992 for property located north of U.S. 41, south of Rattlesnake-Hmmmock Road and west of C.R. 951, consisting of 2,892 acres, more or less. (Companion to Item 1201 and 1202). Frank Brutt, Community Development Services Administrator, explained that this item ts relative to the Lely DRI (Development of Regional Impact). He confirmed that the Collier County Planning Commission at their hearing of February 6, 1992, unanimously recom- mended approval of the petition concluding that the amended plan was an improvement, because the quality and amount of wetland dedication and enhancement was better, and the total area devoted to an open space was increased. this petition. He summarized that staff recommends approval of Alan Re,molds, representing Lely Development Corporation, referred to two exhibits which depicted the currently approved DRI Master Plan and the proposed modified Master Plan, and explained that the primary dlfferences deal with location, configuration and size of some of the open space elements of the project. Mr. Reynolds cited the following revisions: a) the two preservation and conservation open space districts have increased by approximately 38 acres; the golf course acreage has increased by approximately 25 acres; c) the water management component of the project has increased by approximately 100 acres; d) a dredge and fill permit is needed for 34 acres instead of 228 acres; e) the redesign of the golf courses has allowed the retaining and designation of 111 additional acres of native habitats, bringing the total commitment of this project, to 511.8 acres of retained native vegetation; f) a small piece of commercial space has been relocated slightly. Mr. Reynolds summarized that the benefits are the increased total amount of open space and the reduction of impact to wetlands on the '/'.~roperty. ~' Ron Nino, Senior Project Planner, provided a handout to the Board with an additional modification. He concurred with Mr. Reynolds in Page 8 March lO, 1992 that most of the amendments to the PUD Document were staff-initiated ~o bring the current Document in line with current administrative '.'responsibilities and statutory references. He added that he was advised by legal staff and Growth Planning that the Board needed to take under advisement the potential application of Policy 5.1, with respect to amendment to development orders regarding development of regional impact. Commissioner Saundera ~oved, ~econded by Couisetoner Goodntght ~Dd C~ZT:[ed 4/0 (Commissioner Yelps absent), to clome the public Commleetonmr Saunderm moved, seconded by Coutssloner Goodntght ·nd c~rrted 4/0 (Co.missioner Yelps absent), to approve Petition PUD-84-20(2], finding that there are smbatantlal public benefits that Ju~tt~ the changes requested by the Petitioner, and that the Ordinance &e numbered and titled below be adopted and entered Into Ordtn~nce Book No. OR,DI N,U~CE 92-15 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE W~ICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, AND AMENDING THE OFFICIAL ZONING ATLAS MAPS NUMBERED 0621N, 0621S, 0622, 0627N, 0627S, 0628N, 0628S, 0633S, 0833N, 0634N, 0634S, AND 1603N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNiT DEVELOPMENT KNOWN AS LELY, A RESORT COMMUNITY, FOR PROPERTY LOCATED BETWEEN U.S. 41 AND RATTLESNAKE-HAMMOCK ROAD WEST OF C.R. 951, IN SECTIONS 21, 22, 27, 28, 33 AND 34, TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 2892 ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 85-17, AS AMENDED, THE FORMER LELY, A RESORT COMMUNITY PUD; AND BY PROVIDING AN EFFECTIVE DATE. Item e12C1 ~oLUTIoN 92-165 DETERMINING THAT REVISIONS TO THE LELY: A RESORT CO$~]NITT DEVELOPMENT O~ ~ES NOT CONSTI~E A $~ST~I~ D~ATION ~R ~O~ L~ATED BE~EN U.S. 41 ~ST ~ ~T~-~ R0~ ~ST 0F C.R. 951 - ~E~ Legal notice having been published in the Naples Daily News on February 9, 1992, as evidenced by Affidavit of Publication filed with the Glerk, public hearing was opened to consider if the proposed changes to The Lely, a Resort Oommunity Development Order constitute a Page 9 March 10, 1992 ', '~lbstanttal deviation requiring further development of Regional Impact Review for property located between U.S. 41 East and Rattlesnake-Hammock Road west of C.R. 951, consisting of 2,892 acre~, more or less {Companion to Petitions PUD-84-20(2) and DOA-91-5). This item was discussed in conjunction with the previous Agenda Item #12B1. Frank Brutt, Community Development Services Administrator, explained that staff as well as Collier County Planning Commission has determined that they are not substantial changes to the DRI Mr. Reynolds confirmed that these changes will not create any new ~ui~ner S~undsrm ~ved, seconded by Co~missioner aoodnight ~m~ ~rrie~ 4/0 (Co~lssioner Volpe absent), to close the public C.~tui~ner $~undera ~ved, seconded by Coulesioner (k~dntght ~ ~ied 4/0 (Co~lssioner Volpe absent), to determine that this ts not · nl~t~nttml deviation, thereby adopting Resolution 92-165. Page ~I0 March 10, 1992 ' ~l~'~'~u/)Eq~r~ ORDER 92-2 AND RESOLUTION 92-166, RE PNTITION NO. DOA-91-5, LELY, A R~SORT CO~UNITY P~D ~IT D~LO~ ~ D~ OF ~GION~ I~ACT ~~ FOR ~OP~ LOCA~D B~ U.S. 41 ~ ~ ~ESN~-~OCK RO~ ~ST OF C.R. 951 - ~D Legal notice having been published in the Naples Daily News on February 9, 1992, as evidenced by Affidavit of Publication filed wi%h the Clerk, public hearing was opened to consider Petition DOA-91-5, filed by Alan Reynolds of Wilson, Miller, Barton & Peek, Inc., repre- ~... eenttng Lely Development Corporation, requesting the development of a Regional Impact Amendment for property located between U.S. 41 East and Rattlesnake-Hammock Road West of C.R. 951, consisting of 2,892 ~; . acres, more or less (Companion to Items #12B1 and 12C1}. Ron Nlno, Senior Project Planner, pointed out that the PUD con- i, rains many of the development order stipulations, so that in order to , make these changes in the PUD, changes have to be made in the develop- i* ment order, and consequently, the development order resolution has to ,. be replaced. Alan Reynolds with Wilson, Miller, Barton a Peek, Inc., expressed that the review completed by the County has been very extensive and thorough. He indicated that he has received unanimous approval from the Environmental Advisory Board and the Planning Commission, and, in addition, the Regional Planning Council has approved the project and ~,i. the DCA has stated that they have no concerns with any of the changes m&de to the development order. Mr. Reynolds reviewed that this petition was scheduled to be heard by the Board approximately 2 weeks ago, and was continued because there were a few outstanding questions with the Department of Community Affairs. He submitted a handout to the Board and explained that it reflects the changes to the development order language that DCA wanted to see, which included a reference to the existence of a Red Cockaded Woodpecker Management Plan, and a reference to the County's Land Development Code as it would pertain to site clearing lJ review procedures, the use of native species and landscaping, prohi- Page March 10, 1992 hired exotic vegetation and archaeological site protective measures. He related that the added language and modifications notated in the Master Plan satisfied the DCA's concern that there be a specific reference to the development order. George Varnadoe, an attorney, discussed Policy 5.1, as it relates to DRI*s. He out//ned that DRI's by nature, are 20 to 30 year pro- ~ects (i.e. Pelican Bay and Lely), and during this time things like environmental regulations and the market change, necessitating PUD A~endments of a minor nature. He noted that Policy 5.1 originated in response to the Growth Management Plan, and states that basically, every time a change is needed in a project a substantial public bene- fit must be shown or there must be a reduction of intensity or density !.i:b¥ 20~. He concluded that a method is needed to allow DRI's to make :~'...m~nor amendments without going through this analysis every time. He suggested that the Board direct the staff to consider an amendment to ~' 5.1 to allow for minor changes in these DRI's. County Attorney Cuyler advised the Board that they may direct staff to continue to look at this issue. Bob Blanchard, Growth Planning Director, added that they have never had to run this type of test on Po/icy 5.! on a DRI, that it has been typically the PUD's that were zoned with their density incon- sistent with the Plan. Co~es~onsr Shanahan stated that th~s analysis should be con- A~ '~ilr~ed ~nd brought back to the Board, and an ~end~ent drafted, i~' nec~ry. Co~-~iss~oner Saundsrs asked if Mr. Cu¥1er had the general ~nd~cat~on ot what the Board requested, and he affirmatively nodded him Conditioner Saundere moved, seconded by Commissioner Goodnight ~' and carried 4/0 (Commissioner Volpe absent), to close the public he~ing. ::. Comm~lsioner Saunders moved, seconded by Com~lssioner Goodnight / ll~d ~ried 4/0 (Co~issionsr Volpe absent), to approve the Petition, thereby ~dopting Development Order Page ~2 March lO, 1992 e**'~st#ton~r Volp~ entered the meeting at this time, **s. FOD"e2-20(3), NILLIAJ! R. VIN~$, OF VI~S & ASS~IA~S, INC. QUAIL II ~ ~R PROPRR~ L~A~D ON ~ NOR~ RO~ (C.R. 846), ~PROXZ~TELY O~-~F NILE ~T OF TO 4/T/92 ~ETING PEKING FIN~ ~SOL~ION OF ~ Legal notice having been published tn the Naples Dally News on February 20, 1992, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition PUD-82-20(3}, filed by William R. Vines, of Vines & Associates, Inc., representing North Naples Utilities, Inc., requesting a rezone from / PUD to PUD known as Quail II PUD, for commercial uses and a maximum of 388 residential dwelling units, for property located on the north side of Immokalee Road (C.R. 846}, approximately one-half mile east of 1-75, tn Section 20, Township 48 South, Range 26 East, containing 194 acres, more or less. Philip Scheff, Project Planner, explained that the purpose of this petition is to plan for alternative uses for the temporary sewage treatment site. He advised that staff recommends approval, subject to i the stipulations contained in the Staff Report dated February 4, 1992 ·nd attached to the Executive Summary. He noted that the Planning ~)iii-COmmlssion recommended approval by a vote of 7/0, subject to the l'ollowtng stipulations: 1. The residential area located Immediately to the north of the sewage treatment plant site shall be revised to eliminate both an Interconnect to the roadway with Valewood Drive and the security gate and to incorporate a cul-de-sac as shown on the original Master Plan; 2. The temporary sewage treatment plant site should be limited to a maximum of two dwelling units per acre; Mr. Scheff corrected the temporary sewage treatment plant site acreage as approximately 7.97. He indicated that no correspondence (~/ has been received for this petition, but that several people spoke at · the Planning Commission meeting and voiced tl~ followir~ co~cerne: Regarding the entranceway off of Valewood Drive, there was concern over the access to Valewood Drive; 2. The potential density and height of buildings that could be constructed on the tem.oomarF m~ ~.~a~u:~X ~,~ ~]f~; Page 13 March 10, 3992 3. Effect on property values; 4. Additional impact fees due to the impending connection of the Quail II PUD and to the Collier County Water Sewer Dtstrtct~ 5. Environmental concerns that could potentially affect future residents of the site due to the present use of this site as a temporary sewage treatment site. Mr. Scheff further noted that at the Planning Commission Meeting of March 5, 1992, Stipulation G was reconsidered, and it was duly noted that the Planning Commission was in error in recommending it, since that access and security gate have already been allowed, by administrative approval. He summarized that Stsff is in agreement with the Planning Commission recommendation, which is approval of the petition subject to all of Staff*s stipulations and the addition of Stipulation H, and the deletion of Stipulation G. In response to Commissioner Volpe, Mr. Scheff stated that based on the presentations of the § residents, who represented Quail Creek V~llage, Quail Creek Estates and Longshore Lakes, they said the den- sit¥ might be too h~gh at that entranceway and want to limit it to 2 dwelling units per acre. In response to Commissioner Volpe, Mr. Scheff confirmed that the allowed uses for this property other than s~ngle family residen- ces are elderly housing or community fac~lities. Mr. Scheff explained that since the acreage is only 7.97 acres, by development standards, it limits the height to 30' and with parking ~nd landscaping and water management it will constrain the amount of i~,'de,s~t¥ that can be achieved there. Mr. William Vines, with Vines and Associates, Inc., referred to .bls letter, whlch was provided as part of the Executive Summary. He commented that if the Board wants to continue this item until the acquisition of the utilities ts settled, it would be agreeable. In response to Commissioner Volpe, Mr. Vines confirmed that the developer committed to no more than 300 dwelling units of existing golf course fronting residence, but did not know at that time about the prospect of being limited to 2 units per acre on the 8 acre site. Page 14 Narch lO, 1992 Commissioner Shanahan questioned if the recommendation then is to cap the density at 360, and delete Stipulations O and H. Mr. Scheff said that this would be a reasonable compromise. C~s~deele~er Saunders ~oved, seconded by Coulealonar Haese and ~mrrtm~ ~4unimously0 to continue this ~tttlon to April ?, 1992, utll a ~lutt~ of th~ utility lsne ts reached. sss ~ss: 10:15 I.N. - Recon~ned: 10:30 A.M. ~ty Clerk Farrts replaced ~W Clerk N~ers It~OLUTXO~ 92-167, RE PETITION CCSL-91-8o J'gRRY NEAL OF COLLIER COUNTY OF~IC~ OF CAPITAL PRO~CTS, REQUESTING A COASTAL CONSTRUCTION SETBACK LINE VARIANCE TO ALLO~ FOR CONSTRUCTION OF ONE DUNE WALKOVER AND BEACH SHELTE{~, DuIm R~-VEGSTATION, ADDITIONAL LANDSCAPING IN PARKING ARE& AND RE-DESIGN OF PARKING LOT AND STORM WATER DRAINAGE SYSTEM AT BAREFOOT BEACH COUNTY PARK - ADOPTED Legal notice having been published tn the Naples Dally News on February 23, 1992, as evidenced by Affidavit of Publication flied with the Clerk, public hearing was opened to consider Petition CCSL-91-8 flied by Collier County Office of Capital Projects regarding Barefoot Beach County Park. Barbara Burgeson briefly summarized the item at hand, and con- firmed that the Petition is consistent with Division 3.13 of the t-~~ Coastal Construction Setback Line variance (CCLDC), and with the Collier County Growth Management Plan, Conservation and Coastal Management Element, Goal 11, Objective 11.4, Policies 11.4.1 through 11.4.10. She relayed staff's recommendation for approval of this · Petition with stipulations. Jerry Neal, Office of Capital Projects, explained the construction costs for this project and verified that the total project cost ts ' $101,000; $50,000 of which will be paid from the Department of ;*',~. Natural Resource Grant. In response to Commissioner Volpe, County Manager Dorrlll reported -.that there is a new requirement that fiscal impact statements adhere to some ~utdeltnes established by the Budget Office and that the "Division Administrator Initial the fiscal impact statement proving he 158' Page 15 Hatch 10, 1992 h&s person&lly reviewed them. /:., In answer to Commissioner Volpe0 lit. Neal acknowledged the project tI Icheduled to start April 1st. ~~r Sm~derI ~d, Iiconded ~ Cou~IiAonmr S~ ~d ~~ ~~sly, to cloee the ~bltc hearing. ~~r S~ders ~d, seconded ~ Co~ee~oner S~ ~d Page 16 March 10, 1992 PETITION AV-91-O12, CO&ST CO~9~TRITI[S ~~ING TO VACA~ ~ ~IN~ISH ~RTIO~ OF ~ ~ ~S~S L~A~D 0N ~ P~T OF B~SHI~ ~S Legal notices having been published in the Naples Dally News on February 23, 1992 and March 1, 1992, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to con- elder Petition AV-91-012 regarding a request to vacate and extinguish portions of two twelve foot drainage easements. Russ Muller of the Transportation Department explained the intent of the Petition and reported that letters of no objection have been received from the Homeowners Association and Project Review Services. He acknowledged that the Transportation Department has no ob~ection. He commented the easements are shown on the Plat of Unit 5 but are located outside the platted boundaries; were to accommodate off-site flow and have had their locations revised on the Plat of Unit 6. reminded the Board of County Commissioners that on October 15, 1991 they approved Quitclaim Deeds for the easements, with the County Attorneyts Office suggesting vacation of same. Comm/nionar Shanahan moved, seconded by Co.missioner Saundera and C~XTt~d~tm~u~l¥, to close the public hearing. Co~nisatoner Shanahan ~oved, seconded by Conatseloner Saunders and carried unani~ously, to approve Petition AV-91-012 with the caveat there ia the expectation and understanding there will be no drainage probl~a~ created by these easements, thereby adopting Resolution 92-168. Page 1 ? March 10, 1992 92-16, Rg CREATION OF TH~ FORKST LAKES ROADWAY AND DRAINJkGE CO~qITTEE - ADOPTED W/CHANGE Legal notice having been published in the Naplea Daily News on February 20, 1992, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider adoption of an i: Ordinance creating the Forest Lakes Roadway and Drainage Advisory !.~:. Committee. Harry Huber of the Office of Capital Projects Management reminded the Board of County Commissioners that on December 10, 1991, it adopted Ordinance 91-107 creating the Forest Lakes Roadway and ~. Drainage MSTU, with Section 3 of same providing that an Advisory Committee shall be designated composed of residents who are taxpayers f."i. &nd electors within the unit. He recommended modifying the wordtn~ in Section 4, paragraph B, of the document contained in today's package by changing the wording to read, ". .... the Committee shall recommend the member's seat to be declared vacant and, if aDDroved, the vacancy shall be filled by the Board of County Commissioners." Upon Commissioner Volpe commenting there should be some uniformity In the advisory committees, County Attorney Cuyler confirmed it is consistent with the interpretation made and consistent with a change tO the Master Ordinance under which these Ordinances are drawn, and which will be presented to the Board of County Commissioners probably within the next 45 days. Cemmat~io~er Shanahan ~ov~d, seconded by Commissioner Has~e ~nd c~led u~ni~ou~l¥, to close the ~bltc hearing. C~t~.ioner S~~ ~ved, seconded ~ Co~tsstoner Hasoe ~d c~i~ ~~ly, to approve creatlon of the Forest lYr~tnag~ Advisory Committee, thereby adopting the Ordinance, to be mm pre~ented by staff, aa nunbered and titled below and Into Ordinance Book No. 51: ORDINANCI 92-15 AI OIqDINAICE CREATING TH~ FOI~EST LAKHS ROADMAY AND DRAINAGE ADVX~O~f COI~ITTEE; PROVIDING FOR APPOINTMENT AND COMPOSITION; ~ FORT~ TH~ ~ OF OFFICE; PROVIDING FOR REMOVAL FROM O 000 174 ,.g. ,. Hatch 10, 1992 O~r]~C~, FAILUR~ TO ATTEND MEETING5; PROVIDING FOR OFFICERS, (~O~M, RULES OF PROCEDURE; PROVIDING FOR R~IMBURSEM~NT OF ~[F'~IB~; ~FTZNG FORTH TH~ FUNCTIONS, ~ AND DUTIES OF CQI~tTTTE~; SETTING FORTE THE DUTIES OF THE PROJECT ADMINISTR&TOR OR H/S DE$IGNEK; PROVIDING FOR REVIEW PROCESS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE, It~ #13&l RESOLUTION 92-169, l~ PKTITION AH-92-1, G.A. BROWN & DAUGNTERSo INC. RE(~'~TING MAIVE~ OF SKP~TION ~qu/~ BE~EN P~CES S~NG ~LIC B~~S ~ A ~Y C~ C~R/SCH~L, ~R ~0~ L~ATKD AT 9853 T~I~I ~IL NOR~ - ~ED H/STI~TIONS Legal notice having been published in the Naples Daily News on February 23, 1992, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition AW-92-1, '~equest/ng a waiver of separation requirement for property located on Ta~/am! Trail North. Planner Badamtchian explained the request is for a 52 foot waiver from the required 500 foot separation between the establishment Cheeburger Cheeburger of Naples, serving alcoholic beverages, and Grace Community Day Care Center and School. He revealed the shortest d/stance between the outer wall of the restaurant and the property line of the school is 448 feet, with the two sites being separated by t'Ho sixty foot right-of-ways and a 270 foot wide commercially zoned vacant property. In response to Commissioner Volpe, Planner Badamtchian reported there is a stipulation in the Agreement Sheet regarding alcohol sales. He reported receipt of a letter from the Director of the day care center stating they have no objection to the Petition. Co~missioner Saunders theorized that if the Board of County Com~issioners has determined there should be a 500' separation between restaurants that sell alcoholic beverages and churches, schools, etc., then that policy decision is something which is Justifiable, and Planning Services Manager Bagtnskt concurred. Commissioner Saunders pointed out he has previously raised the concern that, if significant standards were not established by which to ~udge whether or not the variance should be granted, the door would be 000 , 175 Page 19 March 10, 1992 opened, by precedent, to eliminate the 500 foot separation. Commissioner Volpe commented that, based on the criteria in the existing Ordinance, he does not have a problem with granting the variance. In response to Commissioner Saunders, County Attorney Cu¥1er axtggested that perhaps the Board of County Commissioners needs to set some tTPe of criteria to establish a distance requirement. Commissioner Saunders reminded the Board of County Commissioners he voted against changing the Ordinance as he felt a situation would be created where so many variances were granted under so many loose factual situations, that there would be no separation requirement, and that the day might come when someone wants to open up a bar next to a school while saying there is a manmade barrier which is a 6' high hedge with a fence, and they will win based on the precedent being set to determine what constitutes a manmade barrier. Stephen D. McCann, representing the Petitioner, stated that the laundromat on the north side of the shopping center is an additional obstacle to get around to get from the school to the restaurant. g~eai~io~er Shanahan moved, seconded by Conissionar Hawse and carrie~ ~z~i~eu~l¥, to close the public hearing. Co~aimmioner Hawse ~m~d, seconded by Commissioner Goodnight, to ~ l~tition AW-92-I, thereby adopting Resolution 92-169. Commissioner Saunders stated he is going to vote against the Petition because it would promote erosion of the separation require- Lent to a point it will no longer be effective. Di~mn call for the question, Notion carried 4/1 (Commissioner Page 20 March 10, 1992 '~. P~"rXTZO~ V-91-~8, COre, UNITY DEVELOPMENT CORPORATION REQU~STINO A KEDOCTXON OF 38 PAREINO SPACKS FROM THE REQUIRED NUMBER OF 282 SPACKS ~ F&XI~t~Y~ CONDOMINIUM AT EMERALD GREKN$ - CONTINUED TO 3/24/92 Legal notice having been published in the Naples Daily News on February 23, 1992, as evidenced by Affidavit of Publication filed with the Clerk. public hearing was opened to consider Petition V-91-18 requesting a reduction of required parking spaces for Fairways Condominium at Emerald Greens. Planner Badamtchian explained the request is prompted by the loca- tion of a number of mature trees which make it difficult to provide all 282 parking spaces. He stated the proposed ratio of 1.73 parking s~aces per ~it should be ads.ate in meeting the demand within this development. He d2sclosed this Petition re~res the applicant to enter 2nrc an aoreement with the County to preserve land and provide a Letter of Credit or post a bond for the full estimated construction cost for these reserved park/n~ spaces for a period of five years. John Lee of Co~unity Development Corporation distributed a han- dout, copy not provided for the record. In response to County Attorney Curler. Planning Services Manager ~ginski concluded this situation is different insofar as m~eement which was drafted has a number of conditions that were never zncluded w~th~n any parking reservations before, adding there are ~ si~if/cant ~arantees that should the residents want additional parkin~ or should same be re.ired, the County has the ability back ~d re.est the reserve parkin~ be turned into re~lar parking. A brief discussion ensued regarding the feasib~lity of the Board of County Co~lssioners to require the parking be installed at a Mr. Lee ~mpl~ed th~s Petition ~e the result of concerns expressed ,by the residents of the development. In response to Commissioner Volpe, Mr. Lee stated they have deve- 'loped and assigned a parking plan that gives each homeowner one Page 21 March 10, 1992 .&Sskgne~ parking place and leaves the remainder open for visitors and .~&d~ttona! automobkles to ensure there ks not a shortage of parking '~With~n the proximity of each building. Commissioner Volpe pointed out the possibility of gettkng one '.obstreperous unit owner who does not like the way he was treated and wants to retalkate by requesting the Board of County Commksskoners enforce the parking requirement. He stated he prefers that the Petktioner look at alternatives of buffering for single family resi- dents and complykng with the Ordinance. Commissioner Saunders expressed the concern that by approving this Petition based on the Petitioner's claim most of the residents are winter residents with one car, the County would be opening up the door for everyone to request similar consideration. He implied his vote at this time will be to put in the parking because it is required, and Commissioners Shanahan ax,d Hesse concurred. In response to Mr. Lee, Commissioner Saunders suggested this item co~ld be continued to allow Petitioner to prepare an alternate propo- sal for presentation to staff, and Mr. Lee concurred. ~Nlene~ Sannders ~ved, seconded by Co~--iesioner Sl~anahan and C~TI~ ~a~d~l~, to continue this ~te~ to the March 24, ~992 OKDI~IANC~ 92-17, R~ CU-91-21, WILLIAM J. EDIXON, I~EPR~SKNTIRO CROSS ~ POOL & ~OCIAL CLUB, INC., R~QUESTING CONDITIONAL USE ~S" OF THE MN ZONING DISTI~ICT FOR A CIVIC AND CULTURAL FACILITY ON PI~OPKRTY T~OCATKD EAST OF S.R. 95~, ON RI~NWOOD EAST UNIT · - ADOPTED W/STIP~LATION~ Legal notice having been published in the Naples Dakly News on February 20, 1992, as evidenced by Affidavit of Publication fi/ed with the Clerk, pub/kc hearing was opened to consider Petition CU-9I-2I. Planner Lord summarized the scope of the project. Be stated the project meets or exceeds the relevant standards of the Land Development Code regarding parking, landscaping, and signage. He con- f~rmed the reviewing agencies~ concerns and stipulations relating to Page 22 Hatch 10, 1992 this rec~uested land use are listed and addressed in the Agreement ~heet. He announced staff has no objection to the approval of this Petition, and recommends approval of same subject to the recommen- dations of the CCPC (Collier County Planning Commission). William Edixon explained the reason for this request, confirming that the developer has donated the subject lot to the Association, whose members will build the pool. ~~ ~~1~, to close the ~bl~c hearing. ~~ ~~1~, to a~r~ ~tton CU-91-21, ~bJect to the ;~ -~'-ti~ of the Collier C~ Plying Co. lesion (CC~) ~d ~ff, ~~ ~ttng the Ordlnuce, as ~red ~d tltl~ ~1~ O~IN~CE 92-17 ~ O~X~E ~OVIDIN~ ~R ~ KST~LIS~ OF CIVIC ~ ~~ F~ILITIES CO~ITIONAL USE IN ~E ~ ZONIN~ DIS~I~ ~R ~OP~ ~A~D IN SE~ION ~0, T~SHIP 51 SO~, ~E 26 ~ST, COLLI~ ~, ~ORIDA; BY EST~LISHIN~ ~E ~TIONSHI~ B~ O~I~ ~ ~SOL~IONS G~IN~ CO~ITION~ USES; ~ BY ~DIN~ ~ ~I~ DATE. ~ OF C~ ~~I0~~ CO~ICATIOI5 Co~tsstoner Shanahan reported his efforts relevant to two liti- gants in the Tourist Development Tax and their efforts to divert the $5,000,000 funds into beach renourtshment for the Naples beaches. He relayed his understanding that Senator Dudley decided against amending his Special Act and that Representative Hawkins had no intention of a~endtng the House Bill to correspond with the Senate Bill. Commissioner Saunders reported speaking with Senator Dudley this lorning, who confirmed that he is not sponsoring nor will he support any legislation that will restrict the use of the funds other than for the purposes set forth in the Statutes. He stated the primary reason for Senator Dudley's action is because this is a general law appli- cable to all counties tn Florida. Page 23 March 10, 1992 In response to Commissioner Volpe, County Attorney Cuyler · ~ explained the intent of the language is that if the referendum passes the previously collected monies would be used in accordance w~th the new plan, and if the referendum does not pass the monies ):i~ would be used in accordance with the previous plan. Commissioner Saunders conveyed his understanding that, if the referendum fails, the $§,000,000 collected in Collier County can be used for any of the purposes outlined in the Statute which permits the : Tourist Development Tax in the first instance. County Attorney Cu¥1er stated the actual wording in the Bill says "in accordance with those uses authorized in the initial levy or the ~nitial Ordinance", but does not state in that exact ratio. Commissioner Shanahan stated there is no malice or intent on his !. part, but he has a right to challenge the position taken. Commissioner Volpe reported a request from res/dents in Willoughby Acres regarding consideration of a traffic signal at Euclid Avenue, adding he will bring the matter to the attention of staff. $** Com~el~onar Haasa ~oved, ascended by Coatas~oner Goodn~ght ,.' ~nd c~rried unanimously, that the following items under the consent ~ be approved and/or adopted: *** I~ESOLUTION 92-262 API~ROVINO THE FINAL PLAT OF 'THE SEVEN SAILORS#- ~ STIPULATIONS The final plat is not to be recorded until the required Improvements have been constructed and accepted or until approved security is received for the incompleted improvements and that construction shall be completed within 36 months of the date of this approval. Authorize the Chairman to execute the attached Construction and Maintenance Agreement. No building permits will be Issued until the final plat is recorded. See Pages /,~/-' /~ Item,ISA2 ACCEPTANCE OF LETT~ OF CREDIT FOR LANDSCAPIN~ FOR SITE DEVELOPMENT PLAN NO. 9~-~63 'CEDAR MONT~SSORI SCHOOL" IN THE AMOUNT OF $1,751 Zte~16A3 Page 24 MaA'C~ 10, 1992 ~VAL OF TH~ YZNAL PLAT OF 'LELY I~$ORT, PHASE $~EN" - WITH The final plat is not to be recorded until the required improvements have been constructed and accepted or until approved security is received for the incompleted improvements and that construction shall be completed within 36 months of the date of this approval. Authorize the Chairman to execute the attached Construction and Maintenance Agreement. 3e No building permits will be Issued until the final plat is recorded. 4e A soil erosion plan is to be submitted to and approved by Project Review Services prior to the issuance of the construction plans approval letter. Xt~16A4 APFROVAL OF TH~ FINAL PLAT OF "LELY I~SORT, PHASE EIGHT" - W~TH HTXFUL~TXON~ The final plat ts not to be recorded until the required improvements have been constructed and accepted or until approved security is received for the tncompleted improve- ments and that construction shall be completed within 36 months of the date of this approval. 2o Authorize the Chairman to execute the attached Construction and Maintenance Agreement. No building permits will be issued until the final plat is recorded. Lely Development shall maintain the water management area within the right-of-way until such time as the four-laning has been completed and accepted, A soil erosion control plan shall be submitted to and approved by Project Review Services prior to the issuance of the construction plans approval letter. See Pages _.~.~'~-~ -- ~O ~ , ~OLUTXON 92-163 ~I~3~NTXNG PRELIMINARY ACCEPTANCE OF TH~ ROADWAY, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLANT OF "~O~T~AIR PARK NORTH" - WITH STIPULATIONS Acceptance of the Construction, Maintenance and Escrow Agreement (posted with the Clerk) as security for maintenance of the infrastructure until the Board of County Commissioners grants final acceptance of al/ improvements. Authorize the Chairman to execute the attached Resolution authorizing preliminary acceptance. Preliminary acceptance of Improvements will not become effective until water and sewer facilities have been conveyed to Collier County Water-Sewer District. March 10, 1992 See Page: ,--~/0 3 ' lt~ ~16&6 ACC~PTANC~ OF MATER AND S~ fACILITIES ~R ~C~IR P~ NOR~ - Water and sewer 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 furnishes a letter authorizing the placement of these systems into service. 2. Bacteriological testing must meet the County's requirements. The Fire Flow requirements of the project have been satisfied, and the Fire District furnishes a letter accepting the fire hydrant for ownership and maintenance. 4e Payment is received for water usage from Utilities for bac- teriological testing. OR Book /7~ Pag,~~ ' ~3~~ ~'.~' ACCEPTANCE OF MATER FACILITIES FOR HOSPICE OF NAPLES, INC. - WXTH 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 furnishes a letter authorizing the placement of the sewer system into service and approving the water distribution system for ser- vice. Bacteriological testing must meet the County's requirements. Fire Flow requirements of the project have been satisfied, and the Fire District furnishes a letter accepting the fire hydrant for ownership and maintenance. Payment is received for water usage from Utilities for bac- teriological testing. The Board of County Commissioners accepts as a surety the Irrevocable Standby Letter of Credit No. 02-92-029 in the amount of $6,326.58. See Pages , ,~.-~ W)" d -- C~ O 0. Book 17o q Pages Ztma~16A8 AC~~ OF SEO~IRXT~ FOR LANDSCAPING FOR SIT~ DEVELOPMENT PLAN NO. 92-03, "NXL~I~Jg LAE~ ~C~KATION SITE', LOCATED IN SECTION 31, TO~N~XP 4S SOUTH, RANGE 26 EAST - IN THH AMOUNT OF $2,236 ~AL OF A BUDGET AMENDMENT FOR PAYMENT OF PART II FEES ASSOCIATED NIT~ THE ~0~ NATION~ ~LL~ DXS~GE ELIMINATION Hatch 10, 1992 &PFLIC&TIOR FOR TH~ IHNOI(AL;E ~ TH~ ~V~RGLaJ:)~S CITY lt~OLUTZON 92-164 FOR STREET LIGHTING MAINTENANCE HITHIN COLLIER COUNTY ALONG U.8. 41 BETWEL~I RATTLESNAK~-HAMMOC~ ROAD AND C.R. 951 ~AL OP AGlq~MKRT WITH THE DEPARTMENT OF COMMUNITY AFFAIRS FOR BLOCE ~ FUNDING BENEFITING THE PUBLIC HEALTH UNIT'S OBSTETRIC ':. Item e16C2 AFFROVAL OF CONTRACT FOR FY 92 LIBRARY OPERATING GRANT (STATE AID) :.. ADI~/NISTER~D BY THE STATE LIBRARY OF FLORIDA Item#16E1 APPROVAL AND EXECUTION OF A NEW LEASE AGREEMENT BETWEEN COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, AND MARSTEN/THG MODULAR LEASING CORPORATION FOR THE CONTINUED UTILIZATION OF A MODULAR OFFICE, LOCATED AT 419 NORTH STREET, IMMOKALEE, FLORIDA, BY THE HEALTH AND KEHABILITATIV~ SERVICES OF COLLIER COUNTY PUBLIC HEALTH UNIT - IN TH~ &MOUNT OF $?,320 PER YEAR AFFROVAL OP LIST OF QUALIFIED APPRAISERS PURSUANT TO RFP ,91-1799 FOR COU~fT &PFI~AISAL ASSIGNMENTS Zt'e~16~3 AUTHORIZATION OF PAYMENT TO PROFESSIONAL SERVICE INDUSTRIES, INC. FERFOI~M&~CE OF A CONTAMINATION ASSESSMENT REPORT AT THE GO~ ~ FUEL SITE - IN THE AMOUNT OF $32,478.44 BID ~92-1831ANARDED TO M.C.R., INC. FOR TH~ REPLACEMENT OF TH~ EXISTING AIR CONDITIONING SYSTEM AT THE MARCO ISLAND SH~RIFF"S SUBSTATION - IN THE AMOUNT OF $8,147 BID ~!92-1B34 AMARD~D TO SURETY CONSTRUCTION COHPJM~Y FOR THE BUILDING "H" T~IRD ~.OOR I~0~ - IN ~ ~0~ OF $259,1~4 Page 27 March 10, 1992 :~.' JLP~ROV,~ OF TH~ T1U~$1~R OF ~ON~S ~0~ ~ 490 TO ~ 491 FOR ~g ~ ~ 50/5~ ~ING ~ ~D BY ~ STAT~ ~ O~IC~ FOR ~ ~C~g APPROVAL OF GRANT REQUEST FOR COMMUNICATIONS EQUIPMENT FOR THE OCHOPEE FIRE COI~fROL DISTRICT, AND AUTHORIZATION OF CHAIRMAN TO EXECUTE THIS AGItE]~ENT - COST NOT TO EXCEED 50~ OF TOTAL ACQUISITION COST See Pages ~_~ 7 '" o~ ,~ 7 Itu ~16G1 ADDITIONAL GRANT FUNDING REQUESTED BY BOARD OF COUNTY COMMISSIONERS FOR ~L~T2tRI)OUS HOUSEHOLD WASTE COLLECTION ACTIVITY - IN TH~ AMOUNT OF :838,000 'ACCEPTANCE OF EASEMENT BY THE BOARD OF COUNTY COMMISSIONERS AS PART OF ~Y eOLl ESTA~S eHAUTZFZCATZON M~SZCZPAt SEaVZCE TAXZNe UNIT (~.S.T.O.) See Pages EXTRA GAIN TIME FOR INMATE NO.'S 35307 AND 46093 ,1632 iON OF CIVIL JUDGMENT LIEN FOR CASE #90-6789 TM See Page MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED ~'~i The following miscellaneous correspondence was f/led and/or ::":referred to the various departments as indicated below: i. 1. Letter to Clerk of Courts, Mr. James Giles dated 2/14/92 from Joan D. Owens, Assistant D~rector, Administration, Collier Mosquito Control District, enclosing the "Public Facilities Report" Copies to BCC and John Yonkosky. Letter to Clerk of Courts, Mr. James Giles dated 2/19/92 from Joan D. Owens, Assistant Director, Administration, Collier Mosquito Control District, enclosing Certification of Budget Adoption and Tax Levy, Resolution adopting tax levy of .2998 mills, Resolution adopting the Annual Certified Budget - 199~-92, Final Annual Certified Budget for fiscal year O00 ot 187 Page 28 10. 11. 12. 13. March 10, 1992 lggl-g2, Annual Postaudit Report - Year ended September 30, 1991, Annual Financial Report - Year ended September 30, 1991. Copies to BCC, Budget -Mike McNees and John Yonkosky. Memo received February 26, 1992 to All Eligible Small Cities Community Development Block Grant (CDBG) from Ron Davis, Chief, Bureau of Housing, DCA, re FFY 1992 Final Statement. Copies to BCC, Frank Brutt, Stan Lttstnger. Letter dated February 24, 1992 to Chairman Michael J. Volpe from Robert Pennock, Chief, Bureau of Planning, DCA, re the Department of Community Affairs' representative attending the March 17, 1992 public hearing to adopt the proposed Collier County Comprehensive Plan Amendment. Copies to Frank Brutt, Stan Litstnger, BCC. Copy of letter dated February 25, 1992 to The Journal, from David J. Russ, Assistant General Counsel, DCA, disclaiming a quotation and requesting a correction from "The Journal", Vol. 2, Issue 1. Copies to BCC, Frank Brutt, Stan Lttstnger, Neil Dorrill. Letter dated February 25, 1992 to Chairman Michael J. Volpe from Robert G. Nave, Director, Division of Emergency Management, DCA, enclosing copies of the Fiscal Year 1992 (FY-92) Emergency Management Assistance (EMA) Agreement to be executed between DCA and Collier County. Copies to Frank Brutt and Nell Dorrtll. Memo dated February 21, 1992 to CDBG Grantees and Interested Parties from Pat Pepper, Director of the Division of Housing and Community Development, DCA, re The Florida Housing Partnership Program. Copies to Gregory Mthaltc and Frank Brutt. Letter dated February 24, 1992 to Chairman of the Board of County Commissioners from Jon M, Iglehart, Environmental Specialist, DER, re Collier County - WRR File No. 112088475 and enclosing a copy of an application for a dredge and fill permit. Copies to Bill Lorenz, Frank Brutt and Harry Huber. Letter dated February 24, 1992 to Chairman of the Board of County Commissioners from Jon M. Iglehart, Environmental Specialist, DER, re Collier County - WRR File No. 112089475. Referred to Harry Huber(attachments), Bill Lorenz and Frank Brutt. Rulemaktng notice from DER dated February 21, 1992 listing Notice of Hearing and Notices of Proposed Rulemaklng that appeared February ?, 1992 in the Florida Administrative Weekly. Copies to Bill Lorenz, Frank Brutt and Harry Huber. Letter dated February 11, 1992 to the Board of County Commissioners from Sybll M. Dempsey, Surplus Property Supervisor, Department of General Services, approving their application for participation in the Federal Surplus Property Utilization Program. Copies to Steve Garnell. Copy of letter dated February 19, 1992 to Tasha O. Buford, Esquire, from Alfred B. Devereaux, Jr. Chief of the Bureau of Coastal Engineering and Reglllatton, DNR, approving a one year time extension for permit CO-233, Le Dauphin Development Corporation. Copies to Frank Brutt and Bill Lorenz. Letter dated January 21, 1992 to Chairman Michael J. Volpe from C. O. Morgan, P.E., District Environmental Management Engineer, DOT, notifying that the Florida Department of 14. 15. 16. 17. 18. March 10, 1992 Transportation has initiated the Project Development and Environmental Study for the proposed eix-laning of U.S. from Immokalee Road to Myrtle Road. Copies to Neil Dorrill and George Arch/bald. Letter dated February 7, 1992 to the Board of County Commissioners from Beth Berents, Liquidator-In-Charge, Federal Deposit Insurance Corporation, notifying that Merchant National Bank was declared insolvent and closed and Letter of Credit #279, for MCCOY DEVELOPMENT, INC. has been closed. Copies to Stephanie Smith and John Yonkosky. Letter dated February 27, 1992 to Commissioner Hasse from Loft Maria, Grants Administrator for the Ford Foundation regarding modification of Grant #900-1390, for support for the Landfill Reclamation Project. Copies to Nell Dorrill and Board of County Commissioners. Copy of letter dated February 26, 1992 to Mr. Steve Tribble, Director, Division of Records and Reporting for Florida Public Service Commission from B. Kenneth Gatlin, P.A., re Application of Florida Cities Water Company, Golden Gate Division, for an Increase in Water and Wastewater Rates in Collier County, Florida; Docket No. 911194-WS. Copies to Board of County Commissioners and Mike Arnold. Minutes Received and Filed: ao Ochopee Ftre Control District Advisory Board Meeting minutes of 12/9/91 and 1/13/92. Bo EMS Advisory Council Agenda of 2/12/92 and Minutes of 1/8/g2. Golden Gate Fire Control & Rescue District Agenda of 2/i2/92. Environmental Policy Technical Advisory Board minutes of 2/10/92. Isles of Capri Fire & Rescue District minutes of 1/23/92. Parks and Recreation Advisory Board Agenda of 2/26/92 and minutes of 1/22/92. Big Cypress Basin Board of the South Florida Water Management District minutes of 1/24/92. Marco Island Beautification Advisory Committee Agenda of 3/3/92. Port of the Islands Community Improvement District minutes of 1/16/92. Pelican Bay MSTU/BU Advisory Committee Agenda of 3/4/92. Employee Advisory Committee minutes of 2/20/92. CCPC Agenda of 5/5/92 and minutes of 12/19/91 and 1/2/92. Notice of Nonpayment to the Board of County Commissioners, Florida State Underground and American Bonding Company re Dewatering Systems for the improvement of the real property identified as Pine Ridge Water Improvements #91-1674, Page 30 March 10o 1992 19. Goodlette Road to Livingston from Thompson Pump & Manufacturing Co., Inc. Copies to John Yonkosky and Steve Carnell. Notice of Nonpayment dated 2/24/92 to the Board of County Commissioners, from Identity, Inc. and N. Cole Construction re hauling of construction materials at the Collier Village Immokalee Project. Copies to John Yonkosky and Steve Carnell. 20. 21. Notice of Nonpayment to the Board of County Commissioners, from Thompson Aggregate & Material Co under an order given by ERC General Contracting Services, Inc. for the furnishing of #57 brown gravel at Leacheate Collection Installation for Cell #6, Collier County Landfill. Copies to Steve Carnell and John Yonkosk¥. Notice to Owner dated 2/19/92 to BCC and Suncoast Underground from Swtftllne Trucking, Inc. advising that they have hauled building aggregates and trash, sand, fill stone, limerock, etc. for the Cell Six Drainage Sand, Naples Landfill under an order given by Ar~on, Inc./Fourl~co, Inc. Copies to Steve Carnell and John Yonkosky. 22. Copy of Motion For Costs rendered in Criminal Action Case No. 91-1679-CF-A-TB, Twentieth Judicial Circuit, State of Florida, Plaintiff vs. Jamie Rowe, Defendant. Copies to Neil Dorrlll and Kenneth Cuyler. ~here being no further business for the Good of the County, the g was adjourned by Order of the Chair - Time: 11:50 A.M. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL CHAIRMAN 1~.e.m.ir~'~s approved by the Board on ,S presen~eo . Y or as corrected Page 31