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BCC Minutes 01/28/1992 R':~'.c Naples, Florida, January 28, 1992 ·" 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 Zoning $'!,' Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 A.M. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: ALSO PRESENT: CHAIRMAN: Michael J. Volpe VICE-CHAIRMAN: Richard S. Shanahan Burr L. Saunders Max A. Hasse, Jr. (Absent} Patricia A. Goodnight James C. Giles, Clerk; John Yonkosky, Finance ~.. Director; Annette Guevtn and Debby Farris, Deputy Clerks; Neil ~9:. ' Dorr~ll County Manager; Tom Olliff and Jennifer Pike Assistants to ~,~' ' the County Manager; Ken Cuyler, County Attorney; David We/gel and Ramfro MaSalich, Assistant County Attorneys; George Archibald, Transportation Services Administrator; Mike Arnold Utflit~es Administrator; Fred Bloetscher, Assistant Utilities Administrator; Frank Brutt, Community Development Services Administrator; Tom Conrecode, Office of Capital Projects Director; Jay Reardon, Emergency Services Administrator; Jack Wampler, Emergency Services Billing Supervisor; Ed Finn, Budget Analyst: Ray Bellows, Planner: Sue Ftlson, Admlntstrat]ve Assistant to the Board; and Deputy Byron Tomltnson, Sheriff's Office. 01' Page Item ~3A AGENDA - APPROVED WITH CHANGES January 28, 1992 Commissioner Shanahan moved, seconded by Commissioner Hasse and carried 4/0, that the agenda be approved with the following changes: Homeless Workshop - Added. (To be heard at 11:00 A.M.) Item #10A - Resolution supporting the Alico Road site as Florida's Tenth University Site - Added. (Requested by Commissioner Saunders.) Item #16H2 - Recommendation that the Board of County Commissioners waive the fees for posting an EMS ambulance at the upcoming Aetna Challenge event to be held at the Vineyards - Moved to #SH1. (Board of County Commissioners request.) Item #8G! - Report and recommendation for a Materials Reclamation Facility by the Solid Waste Consultant, Post, Buckley, Schuh & Jerntgan, Inc. - Continued to 2/18/92. (Requested by Staff.) Item #16H1 - Recommendation to approve a Budget Amendment transferring funds from Reserves to the Jail Addition project (Executive Summary indicates Fund 306 - this should read Fund 3o~.) NOTE: County Manager Dorrill stated he would like to advise the Board on the status of a request for the limited use of Lely Classics Golf Course until the developer finalizes the require- ments for a woodpecker preserve. Item ~3B CONSENT AGENDA - APPROVED AND/OR ADOPTED The mot/on for approval of the Consent Agenda is noted under Item Item EMPLOYEE SERVICE AWARDS - PRESENTED Commissioner Saunders congratulated the following Collier County employees and presented their service awards: Adelaide Dully, Solid Waste Department - 5 years Sue Fllson, Board of County Commissioners - 10 years Item ~6A1 and #6A2 BUDGET AMENDMENTS 92-110 THROUGH 92-1~4 - ADOPTED Commissioner Hasse moved, seconded by Commissioner Shanahan and carried unanimously, that Budget Amendments 92-110 through 92-114 be Page 2 January 28, 1992 Item ~D 'COLLATERALIZED INVESTMENT AGREEMENT AND RELATED TRI-PARTY CUSTODIAN AGREEMENT WITH SVENSKA HARDELSBANKEN FOR COLLIER COUNTY WATER-SEWER DISTRICT REVENUE BONDS - APPROVED :" Ffnance Director Yonkosky presented a request for approval of a ~/..- :!~.~' collaterlallzed investment agreement and a related rtl-party custodian ~'.- ' agreement. He recalled the Board recently issued $55,225,000 worth of County water and sewer bonds. He said the resolution authorizing that issue required funding of a debt service reserve of $4,438,000 and the reinvestment of that reserve is limited in yield to the permitted bond yield of the Series 1991 bonds of 6.57%. He indicated Staff ~ssued competitive bids on investment and agreement from qualified institu- tions that met requirements of the County and FGIC, the insurer of the ~'~:'. Series 1991 bonds. He reported the bids received ranged from 6.35% to 6.56%, which is one percentage point below what the County is allowed to keep. He noted the bids have been reviewed by the County's Financial Advisor, the underwriters and the County Finance Director, and it is the consensus that Svenska Handelsbanken provided the highest interest rate as well as the best terms and conditions. He mentioned the custodial fees will be paid by that firm and there will be no fiscal impact to the Board. He concluded with a recommendation that the Board approve a collaterialtzed investment agreement and a related rtl-party custodian agreement with Svenska Handelsbanken. In answer to Commissioner Volpe, Finance Director Yonkosky replied Svenska Handelsbanken is a large European bank. Marc Samet, Financial Advisor to the Board, added Svenska Handelsbanken is a "AA" rated bank. He stated there are only 12 banks found that have been willing to respond to these types of agreements that are also qualified under the insurer's qualifications. In response to Commissioner Volpe, County Attorney Cuyler advised the documentation has been reviewed by h~mself and bond counsel. Cmtssioner Shanahan moved, seconded by Commissioner Saunders and carried 4/0 to approve the collatertaltzed ~nvestment agreement and related tr,-party custodian agreement w~th Svenska Handelsbanken. Page 3 January 28, 1992 Item #8Al COMMUNITY DEVELOPMENT DIVISION REQUESTING THE BOARD OF COUNTY COMMISSIONERS TO SET A PUBLIC HEARING DATE FOR PETITION DOA-92-1, AN AMeNDMeNT TO THE TWELVE LAKES PUD, TO DETERMINE IF THE AMENDMENTS CONSTITUTE A SUBSTANTIAL DEVIATION TO THE TWELVE LAKES DEVELOPMENT ORDER - SCHEDULED FOR 3/24/92 Frank Brutt, Community Development Services Administrator, pre- sented a request by Staff to establish a hearing date for Petition DOA-92-1, an amendment to the Twelve Lakes PUD, to determine if the amendments constitute a substantial deviation to the Twelve Lakes Development Order. He said the applicant has filed the necessary documents with the Southwest Regional Planning Council and the Department of Community Affairs relative to Chapter 380 of the Florida Statutes. He sald the Statutes also require that the local governing body establish a public hearing date to determine whether or not the amendments constitute a substantial deviation to the Development Order. He concluded both Staff and the applicant recommend that the petition be heard on March 24, 1992. Co~.iseloner Shanahan moved, seconded by Commissioner Saundere and ~'~< carried 4/0, to approve March 24, 1992, as the public hearing date for ?~<. ' Item #812 .~ RESOLUTION ~2-4~ RE PETITION PU-90-26, NENO ~. SPA~NA 0~ ~0RIDA ~ ~NST~, INC., R~PR~S~ING ~ ~A~TH ~ISS~0N~Y B~TIST R~q~ST~NG ~T~N$~0N 0~ C0~IT~OR~ OS~ ~6~ 0~ TH~ ~A~ D~STR~CT - A~ED Mr. Brutt explained the applicant has filed for an extension of Petition PU-gO-26, which will expire in February, 1992, due to finan- cial considerations. He said ali requirements have been satisfied for the extension, and Staff recommends approval. Dr. Neno Spagna, representing Florida Urban Institute, Inc., com- municated the applicant has submitted a site development plan and the pro~ect is progressing in a satisfactory manner. that construction will commence within the next slx months. In response to Commissioner Volpe, Dr. Spagna indicated his belief Page 4 January 28, 1992 Co~issioner Hasse moved, seconded by Commissioner Shanahan and carried 4/0, to adopt Resolution 92-49 approving the request for extension of Petition PU-90-26. Page 5 January 28, 1992 R~SOLUTION 92-50 RE PETITION PU-89-13, TOM HENNING AND STEVE HITTER. ~ii'R~PRESENTING THE FRATERNAL ORDER OF EAGLES #4028, REQUESTING EXTENSION OF CONDITIONAL USE FOR A FRATERNAL ORGANIZATION CLUBHOUSE FOR PROPERTY LOCATED ON THE NORTH SIDE OF GREEN BOULEVARD, 660 FEET WEST OF C.R. ;" 951 - ~DOPTED Mr. Brutt advised this is the first request for extension of PU-89-13 and Staff recommends approval. In response to Commissioner Shanahan, Mr. Brutt stated the exten- sion is being requested due to architectural design and financial con- siderations. Co~sstoner Hasse moved, Beconded by Commissioner Shanahan and carried 4/0 to adopt Resolution 92-50 approving the request for exten- sion of Petition PU-89-13. Page 6 ~anuary 28, ~992 AGREEMENT BETWEEN COLLIER COUNTY AND NAPLES SEWER COMPANY FOR TI{E ABANDONMENT AND DISMANTLING OF PACKAGE WASTEWATER TREATMENT PLANT, CONVEYANCE OF WASTEWATER LINES, PUMP STATIONS AND EASEMENTS IN CONNECTION WITH THE NAPLES SEWER COMPANY SYSTEM TO THE REGIONAL TREATMENT FACILITIES OF THE COLLIER COUNTY WATER-SEWER DISTRICT SYSTEM, AND SETTLEMENT OF CASE NO. 91-0983-CA-01-WLB BETWEEN THE PARTIES TO THE AGREEMENT AND COLLIER COUNTY AND THE COLLIER COUNTY WATER-SEWER DISTRICT - CONTINUED TO 2/11/92 Fred Bloetscher, Assistant Utilities Administrator, provided the Board with the annual report of the Nap]es Industrial Park, LTD. In response to Clerk Giles, Mr. Bloetscher indicated the Board was previously provided with a white paper that summarizes the issues involved with Naples Sewer Company. advertised publfc hearing, it is a public hearing. Hr. Bloetscher communicated the proposed transition agreement ts a so/ut/on to a number of problems that exist. He said Naples Sewer Company has a Certificate of Authority to serve the north half of the i!- existing Naples Production Park area, or two of the four streets involving approximately 240 bathrooms. He advised the three major issues are i) litigation involving Naples Sewer Company against Collier County on questions of impact fees and the County provldtng service within their Certificate of Authority; 2) an attempt by Naples Sewer Company to prevent the County from moving forth with the Naples Production Park MSTU project; and 3) the Board's policy and the legislative authority granted to the Collier County Water-Sewer the County, not owning any of the sewer lines, pump stations or force District to be the regional provider of utility services. He Indi- cated through this agreement, the County is not purchasing any finan- cial instruments of the utility or the plant and plant site. He said mains within this system, needs to acquire the title to them. He added the County does not have any of the easements to provide those services. He communicated the Naples Sewer Company at this time does not earn a profit, however, they are currently in litigation with the Public Service Commission (PSC) for a substantial rate increase to Page 7 January 28, 1992 i;their customers. At Board direction, he said, a financial consultant evaluated the system, however, the evaluation is flawed because it used the $17 per commode value. He said if the Company were allowed to earn the requested $71 user fee, the value of the utility would be significantly higher. In response to Commissioner Volpe, Mr. Bloetscher stated the financial consultant valued the utility at $408,000, however, that amount included land costs which were in error because the Naples Sewer Company does not own the land upon which the wastewater plant Answering Commtssloner Saunders, Mr. Bloetscher indicated he would expect the Company to earn a rate of return of 11-12, per year on the rate base. Commissioner Saunders asked if there ts a realistic opportunity for the customer base to be expanded? Mr. Bloetscher advised based upon what Naples Sewer Company filed with the PSC, the plant is at approximately half capacity and would need to expand their perc ponds to add more customers. Commissioner Saunders questioned if a Phase I Environmental Audit is sufficient for the type of facilities the County is planning to acquire? Mr. Bloetscher reported Staff is comfortable with the Phase I audit. In answer to Commissioner Shanahan, Mr. Bloetscher stated the County will be acquiring the wastewater lines, manholes and lift sta- ttons. He said the $800,000 the County will be paying is reasonable and solves larger issues at the same time. He indicated if the County attempted to acquire the facility through condemnation, the estimated cost would be $500,000 plus attorney fees on both sides. Commissioner Volpe commented the Board is being asked to make a business decision. He said the utility has been denied their request for a rate increase by the PSC and the likelihood of their expanding the facilities is rather doubtful. He stated based on the figure of Page 8 January 28, 1992 $800,000, he has reservations of how good a business deal this is for the County. Commissioner Saunders added another issue of concern is whether Collier County has the right to serve in the certificated area of this utility. He said from his understanding, as long as the County can show that it is willing, ready and able to serve that area while the existing utility is not, the County would prevail in the litigation. County Attorney Cuyler affirmed that is the position the County has taken in the litigation. He said the presumption is the County would be successful in the litigation, however, he cautioned that there is no guarantee. Commissioner Volpe remarked an alternative would be to acquire the facility through condemnation proceedings. Commissioner Saunders agreed, adding another consideration ts to ':~' /et Mr. Arnold continue his operation, possibly at a loss. He said -~j. the system is not worth more than $500,000 under any scenario, and he ii!' believes Mr. Arnold will return willing to settle for that amount. ' Since there is no partlcu]ar problem or imminent environmental hazard being created by the operation, he asked why not let him continue? County Attorney Guy]er indicated the County could go to condem- nation, however, along with approximately $500,000 in acquisition costs, attorney and expert witness fees must be factored into that dec/sion. Commissioner Volpe inquired if this type of arrangement will strengthen the position at the bargaining table of the next private utility who has a similar situation? Mr. Bloetscher advised the second utility has filed suit against the County for similar reasons, however, they are currently in court with the Department of Environmental Regulation. Clerk Giles commented the Executive Summary indicates approval of this agreement will eliminate the potential for delay in the Naples Production Park MSTU project. He said this purchase is proposed to be paid by the general rate payer. He questioned to what extent will the Page 9 January 28, ~992 expenditure of $800,000 for this facility benefit the general rate Commissioner Volpe communicated the available funds are a carry- forward from the acquisition of the North Naples utility. He said the County was able to acquire that facility for $1.4 mJlllon, leaving a cash carryforward of $800,000. payer rather than primarily those within the Naples Production Park? Mr. Bloetscher stated any time customers are added to the County system the general rate payer benefits. Clerk Giles indicated his concern with how this acquisition bene- fits the general rate payer or residents in the North Naples area. Mr. Bloetscher continued, stating with regard to impact fees that generally people have either paid impact fees to the County or not paid impact fees at all. He sa~d the rate tariffs from the PSC for the Naples Sewer Company system will not allow them to charge an impact fee. Commissioner Volpe asked for clarification whether each individual currently being serviced by this private utility will pay an impact fee when they come on line to a County system? Mr. Bloetscher indicated that is correct, assuming they have not previously paid the County an impact fee. He said those who have already done so will not be charged a second tame. Commissioner Saunders remarked the Naples Sewer Company is currently operating at a $58,000 shortfall and even if they get the $?1 requested rate increase, their maximum profit will be less than $50,000 per year. He suggested Mr. Arnold might be willing to discuss an acquisition price of $500,000 rather than $800,000. Don Arnold, owner of Naples Sewer Company, clarified that the returns on investment profit are based on the existing size of the facility, not the total territory which is approximately three times the size of the present facility. With regard to prevailing in court, he said there is criteria and basis of law to support their desire tO serve their territory. He mentioned their case is before the court now and an interim rate has been approved of $36.67 Page 10 per month, which ts considerably higher than the $500,000 suggested by Commissioner Saunders. He communicated his concern with the County currently charging his customers impact fees when they request building permits while he, and not the County, is providing their ltty service. Clerk Giles cautioned the Board they are attempting to negotiate a price on a wastewater system looking at 1990 financial statements. He said there has not been an independent financial review which should be done before the Board makes a decision on this issue. '. In response to Commissloner Shanahan, Mr. Bloetscher advised that ~:: Naples Sewer Company is not required to file 1991 financial statements "~. until the end of March. Commissioner Volpe indicated sufficient questions have been raised in this discussion including the economic analysis, the funds available for this transition agreement and whether the County may be overpaying for the facility. He suggested this item be continued until the Board receives additional information. Mr. Arnold requested if this item is continued, that the Board aIso defer action on the Naples Production Park MSTU unttl the courts decide who has the right to serve in that area. He also stated if the Board chooses to continue this item, whatever costs incurred by h~m ~'~: from this point forward wtll be part of the negotiations. · Commissioner Volpe asked Staff to provide the Board with current ,t financial Information on Naples Sewer Company and a report regarding the appropriateness of using the carryforward funds to acquire this facility. Co,--ls$toner Saundere moved, seconded by Commissioner Shmnmhan and c~ied 4/0, to conttnue this item to the meeting of Pebl~lary 11, 1992 me the ftret item on the agenda. Recessed: 10:25 A.M. - Reconvened: 10:35 A.M. at which time Deputy Clerk Farrts replaced Deputy Clerk Guevin ee, Item ~SF1 RESOLUTION 92-51 RE USER FEES FOR AMBULANCE SERVICE PROVIDED BY COLLIER COUNTY DEPARTMENT OF EMERGENCY MEDICAL SERVICES PURSUANT TO COLLIER COUNTY ORDINANCE NO. 91-46 - ADOPTED WITH CHANGE; OPTION 5 APPROVED WITH EFFECTIVE DATE OF 10/1/92 ~i.;;.. 3anuary 28, 1992 i~>: Emergency Services Administrator Reardon,explatned this year's EMS :~:}>, budget was proposed showing a mix of 62~ user's fee structure and 38~ t~ ~ ad valorem structure as opposed to last year's budget which reflected '~'~ a 54~ basis of ad valorem fee structure and 46~ collected user's fee rate~. He pointed out the proposal at hand identifies a resident/ nonresident fee structure; shows a single fee for emergency services; offers a discount to Collier County residents; and provides the new rate structure methodology that has been legally validated. He one which is a comparison study of other counties providing EMS. In response to Commissioner Shanahan, EMS Billing Supervisor distributed two handouts, one which includes historical collection rate information for residents and nonresidents over the past year and Wampler divulged that the EMS collection rate system-wide is currently running at 65.6~ and, zone-wise, the coastal area is running slightly under 80%. He related there is a continuing problem with the collec- tion rate in the rural migrant areas which, when factored into the ~ entire system, brings the rate down to 66~. :~: ' Commissioner Saunders questioned whether the collectfon rate will .decrease as the E~$ rates escalate, and ~r. ~ampler agreed that could be a possibility. Commissioner Volpe stated the policy of the County is that it does :. not take an assignment of Medicare benefits, and Mr. Wampler confirmed ~ that is correct. In response to Commissioner Shanahan, Mr. Reardon projected that fhts year EMS will do about 17,000 responses to incidents, out of which 10,000 will be transported, out of which 8,000 will be residents and 2,000 will be nonresidents, with the remaining 7,000 calls being situations where there is "no fee", i.e. where there is a call but the person refuses transportation or assistance. In response to Commissioner Volpe, Mr. Reardon explained there are no capital items associated with buildings and structures in the EMS budget. Page 12 January 28, 1992 In reply to Commissioner Volpe, Mr. Reardon reported that staff's calculations tndlcate Collier County residents will experience an Increase of between 2-10~ on the average transported patient's EMS charge. iiiiiii: Budget Analyst Finn distributed a handout identified as a Memo !~ dated January 17, 1992 from James P. Reardon/Edward N. Finn which Identified the percentage of increase proposed for Collier County ~% · residents. Commissioner Volpe stated that ]n the past taxpayers have been subsidizing a portion of the cost for nonresidents receiving EMS emergency care and Mr. Reardon concurred, adding that the average resident with a $150,000 home ts paying about $16.40 toward ad valorem and EMS in this year's budget, as structured and submitted for appro- val. He explained that an attempt to make it a 1OO% fully funded ad valorem system with some minor deviations, means a $150,000 home value would be assessed at approximately $40 towards EMS. He referred to page 2 of the herefnabove referred to handout distributed by Mr. · Finn and pointed out the variance percentages. George Keller, President of Collier County Civic Federation, stated the people at Bonita Shores want to make sure that billing will not be based on zip codes as they are through the Lee County Post Office. Mr. Reardon stated that zip codes will not be used as a deter- ~ · minator on which rate structure an individual falls under. County Manager Dorrfll ~nter3ected that billing will be based on a combination of a Florida Driver's License showing a Collier County address and/or other proof of residency that in part will include a zip code, but recognizing that Bonita Shores has a zip code other than the rest of the County. Mr. Keller stated the real problem is with indigents, and suggested that those hiring "cheap labor" must pay some of these COSTS. Commissioner Saunders questioned whether Impact fees can be Page ! 3 January 28, ~992 ~ charged based on acres of land farmed or some other criteria that would generate income for fire, poltce, emergency medical services, roads water sewer otc and County Attorney Cuyler implied his office will be happy to /nvest/gate the poss~bilJty, If so directed. Mr. Reardon explained that, if the budgeted amount of user fees does not come in, the amount must be offset by ad valorem dollars. JoAnn Harris stated that in 1990 the base fee for ambulance was $112 plus services; in lg91 the base fee was $145 plus services; in 1992 the base fee is $165 plus services; and today the EMS Js ' proposing a base fee of $286, which is a tripling of the $112 base fee of 13 months ago. She pointed out that, typically, prtvate insurance carriers do not pay for care, treatment, services or supplies which are ~n excess of reasonable and customary charges for the areas in which they are made. She suggested that a cost benefit analysis or a performance audit of the EMS to determine whether tax and insurance dollars are being spent in the most cost effective way. In response to Commissioner Volpe, Mr. Reardon stated that approximately six months ago HRS/EMS inspectors performed an inspec- tion without benefit of notice and did not find any "deficiencies" of any significant degree. John Keschl requested the total dollar amount of all the bills not paid in the last four years. He suggested that those hiring people such as migrant or part-time workers ~n Immoka]ee be responsible for the expense of transporting same. He indicated his preference is to have the cost of EMS put on the ad valorem tax. In response to Commissioner Shanahan, Mr. Reardon stated that any- body who lives ~n Collter County and pays ad valorem taxes, or rents and indirectly pays those taxes for a period longer than slx months, or ts a business owner, as well as their direct famSly members, are all considered resldents and will be afforded the discount and recognized resident rate. Commissioner Saunders concluded that, although there is an effort by everyone to reduce the ad valorem budget wherever possible, there Page 14 January 28, 1992 are some basic services the taxpayers are willing to pay for such as i~ police protection, and emergency medical services fits that same cate- gory. ~e questioned what percentage of the overall budget for emergency medical services should be provided by the ad valorem tax- payer and what percentage should be provided by the user of the system. He stated he has no philosophical problem with a two ttered system of charges, but pointed out that paying ad valorem taxes and then being hit with a $300 or $400 ambulance bill ts tough medicine to take. Commissioner Volpe voiced satisfaction with the rates as proposed and with the distinction between resident and nonresident, stated he would like to see a greater percentage of the ad valorem taxes applied toward the resident, and questioned whether a performance audit or some other independent analysis should be done. Commissioner Hasse concurred with the idea that the citizens of Collier County who are paying the overall tax base should be given every consideration. Commissioner Shanahan voiced support for the studies and analysis performed. In response to Commissioner Volpe, Mr. Reardon explained that, based upon the assumption of a 50/50 mix, Option 5, and based upon the legal validated requirement of what a bill costs of $591, it will provide a discount to a resident of $303 with a cost on average of $288 for the user fee. Regarding Option 5, Commissioner Saunders questioned whether the benefits were blended from using 50% ad valorem taxes to benefit the resident and nonresident, and Mr. Reardon answered in the negative. Commissioner Saunders suggested keeping a 50/50 mix at this point, going to Option 5 and look at the suggestion of some type of audit of the EMS operations. Co~miasioner Saunders moved, seconded by Commissioner Shanahan, to basically adopt Option 5, which provides for a 50/50 mix on ad valorem taxes, thereby adopting the Resolution supporting same. lln 53 Page 15 January 28, 1992 Mr. Keschl questioned why emergency medical service is usually the · last to respond to a 911 emergency call, and County Manager Dorrill proceeded to explain the sequence response to a typical call. County Attorney Cuyler pointed out that the Motion provides for adoption of the Resolution distributed as a handout, which is slightly different from the one contained in the agenda package. Commissioner Volpe clarified that the Resolution in question is the one attached to the memo dated January 24, 1992. County Manager Dorrill reflected that the motion adds almost $500,000 in ad valorem taxes to this EMS budget. He suggested deferring the decision until budget time at the end of this year as, otherwise, it will be necessary to move half a million dollars out of the Contingency Fund into the EMS Budget. He reminded the Board of County Commissioners that the budget has been approved this year on the mix proposed. In response to Commissioner Volpe Budget Analyst Finn estimated that the adjustment of 12% results in an additional $500,000 in ad valorem taxes. Co~issioner Sa=nders amended his motion, and Commissioner $~ amended h~s second, to reflect an effective date of October 1, ~992. Mr. Finn reported that a delay in implementing the new EMS rates has had a negative effect on their total revenue stream for this year. Upon call for the question, the Motion carried 4/0. Page 16 January 28, 1992 ~:%if'. .$- ~,~c~sed into Workshop Session: 11:45 A.M. - Reconvened into Reg~la~ Meeting: 1:30 P.M. at which time Deuuty Clerk Guevtn was pre- It:ma #12C3 RESOLOTIOR 92-52 APPROVING THE PLANS, SPECIFICATIONS AND ESTIMATED COSTS PERTAINING TO THE NAPLES PRODUCTION PARK IMPROVEMENT ASSESSMENT DISTRICT AND APPROVING THE UPDATED AND REVISED TENTATIVE ASSESSMENT ROLL OF ASSESSABLE IMPROVEMENTS THEREIN - ADOPTED Legal notice having been published in the Naples Daily News on January 12, 1992, as evidenced by Aff~davit of Publication filed with the Clerk, public hearing was opened to consider a Resolution approving the plans, specifications and estimated costs pertaining to the Naples Production Park Improvement Assessment District and approving the updated and revised tentative assessment roll of assessable improvements therein. Tom Conrecode, Director of Office of Capital Projects, explained the proposed resolution will approve the final plans, specif~cations and estimated costs for the Naples Production Park Improvement Assessment District, as well as approving an updated and revised assessment roll. He recalled in August, 1990, the Board ordered the construction of the potable water, sanitary sewer, road and drainage ~mprovements within the Naples Production Park Assessment District and at that time, adopted an updated, revised tentative assessment roll. He said because of revised costs associated with the revised plans, Staff is proposing the final tentative assessment roll which needs approval prior to going to construction on this project. ~e advised the total estimated cost is $8,705,736, which will be pa~d by special assessment against the benefit of property owners within the District. He provided the Board with three letters received by Staff in conjunc- tion with this matter. He ~ndlcated Staff's recommendation is that the Board adopt the resolution approvinG the final plans and final updated and revised tentative assessment rolls. Commissioner Volpe referred to a letter received by the Board of County Commissioners objecting to the inclusion of Corporate Square within the tentative assessment roll, which he sa]d should be Page 17 ,,addressed tn the context of this hearing. · Clerk to the Board.) January 28, 1992 (Copy not provided to the Larry Ingram, representing an owner of a five-acre parcel of land within the District, stated his client's property is bounded on three sides by a paved road constructed to County standards, yet part of the assessment ts to assess his client for something she already has. He said tn the condemnation suJt, the County Is asking to take approxima- tely 1.5 acres from his client, offering less than 5% of the value of · that land, and ts now asking her to pay 100% of the acquisition and construction costs of roads that she already has. He commented this project should have been part of the County's overall operating budget. He asked why this group has been singled out for assessment for something they already have when others tn the County are not? Commissioner Volpe asked if Mr. Ingram ts questioning his client's property being included in the District or questioning the benefit from the improvements contemplated? Mr. Ingram responded he is questioning both. Commissioner Volpe advised that other infrastructure is proposed addition to paving roads. Mr. Ingram stated he ts not contesting sewer service at this time. He said the road issue is a sizable port]on of his client's proposed assessment of $114,000. In response to Commissioner Hasse, Mr. Ingram stated to the north of hfs client's property fs Enterprise Avenue, to the west Is "' Commercial Boulevard and the road to the south is Exchange Avenue. Commissioner Volpe inquired if the roads are currently County or private roads? Mr. Conrecode corrected Mr. Ingram's statement, saying the road to the west is Industrial Boulevard. He reported in the order of taking, it was brought out that when this development was originally platted but not certified, those areas were eased areas within that develop- ment. He said the County will bring the roads up to current County standards and does not currently maintain them tn the Industrial Park. Page 18 January 28, 1992 Mr. Ingram pointed out the roads had to be at County standards at many of the streets, the adjoining property owners Joined to pave per- tfons of the roadways to improve their condition. He said there was no uniform method of collecting any monies to maintain the roadways, therefore, there was an inequity within the Park in order to keep the roads tn some form of passable condition. He indicated there is no central water or sewer distribution system and the roadside drainage system was not maintained in any consistent fashion, therefore, cer- tain segments of the roads flood, particularly in the eastern section of the Park. He said in the mid 1980's, it was felt by a certain group within the Park, that the roads should be brought up to County standards so the County would then accept and maintain them in the future. He indicated they also felt that a central water distribution system was extremely important because of the fire regulations In place, which have made it difficult or impossible to obtain building permits due to the ]ack of fire protection. He said they also believed that a central sewer distribution system was important because of septic tank failures due to a high groundwater table. He advised a group of owners within the Park petitioned the Board of County Commissioners to create a Municipal Service Taxing Unit, which Page lg issued. He said he doubts that the County is reconstructing every road In the County that does not meet the standards that exist today. Tom Peek with Wilson, Miller, Barton & Peek, Inc., advised that he has been working on this project since its Inception in 1986. He said none of the roads within the Naples Production Park were constructed to any County standard, nor were'they ever applied to the County for acceptance of those roadways. He indicated the County has never accepted or maintained those roads. Because of that condition and as part of the construction, he said, the initial construction was no ;??~ the time of installation, otherwise a permit would not have been ~ii., more than grading and putting ltmerock on the roads. He reported over :..~i. ' time from the early lg60's when the roads were first developed, the traffic increased to the point that the roadways deteriorated and on January 28, 3992 was adopted through public hearings and which has moved forward to this request for approval of the final plans. Attorney Richard Fletcher, representing Hughes Supply, Inc., referred to a letter which raises six points that need to be addressed. He stated their question has to do with the tentative assessment roll, specifically, the allocation of benefits and costs being paid as they are apportioned among the owners. He said his client's property is at the corner of Progress Avenue and Airport-Pulling Road, and does not need the benefits being proposed. He communicated his client first heard of the proposed assessment district yesterday, although he has been in business at that location since 1985. He asked the Board to delay adoption of this resolution to provide time for his client to interact with other owners in the Park as well as with County Staff with respect to the methodology used for the assessment. He noted his client already has County water and sewer distribution systems. He mentioned in talking with Harry Huber, the County's Technical Services Supervisor with the Office of Capital Projects, it was agreed that his client may well have been assessed double what he should have been. Mr. Conrecode communicated that he received a copy of Attorney Fletcher's letter this date, and Staff is revisiting a number of items that are being questioned. Chris Freeland, Vice President and General Manager of Naples Nissan, stated their property is located adjacent to Hughes Supply, 'and their objections are along the same lines as that company. He referred to a letter provided to the Board addresslng their concerns. (Copy not provided to the Clerk to the Board.) Bill Jones, member of the Citizens Advisory Committee, stated there is a consensus of the majority of owners in the subject area who want the improvements. He indicated after receiving the tentative assessment during the past year, people are not happy that the current proposed assessment is 32% above what it was last year. However, he said, they realize that every time this project is delayed, it will be Page 20 ~., more expensive to undertake. January 28, 1992 He urged the Board to approve the pro- posed resolution. Richard Scott, Executive Vice President and General Manager of Shaw Aero Development, stated his company is located on Progress Avenue in an area where the road needs improvement. He said they are generally In favor of these improvements, however, their tentative assessment one year ago was approximately $40,000, which has now increased more than 50% to $63,000. He asked the Board to study further how the project is being administered and how the assessments are being set. Commissioner Shanahan asked Staff to address some of the questions raised, such as the possibility of reviewing the methodology used and the procedure of determining the assessment distance. Mr. Conrecode admitted of the nearly 400 assessable parcels within the District, there Js no doubt that an error may have been made in determining individual assessments with regard to the water distribu- tion system. He said if front footage has been miscalculated, each parcel will be very specifically addressed. In answer to Commissioner Saunders, Assistant County Attorney WeiGel concurred that the Board can approve Going forward with this project with the understanding that both the written submittals and the issues raised by the public speakers will be evaluated. Commissioner Volpe commented a 32~ increase since the preliminary estimates were given in June, 1990, is a significant increase. He asked for an explanation of that increase as well as the projected overall costs. Mr. Conrecode advised the Board that land acquisition costs have increased 400% since June, 1990, because Staff estimated that a number of property owners would donate easements rather than gotnG to court which has not occurred. He added the remaining increase is in financing costs, both in terms of the interim financing and the debt service reserve which was not included in the 1990 estimate. He said the proposed roll is in a not to exceed amount, taking into con- Page " January 28, 1992 ,,:~?.,,, stderatton the potential of flndJng hazardous waste material, addt- :;~.~-, t~onal construction costs and sales tax avoidance measures, all of ~ which w~ll be reflected on the final assessment. , ~ C~1sstone~ Sm~de~s moved, seconded by Co~sstone~ Sh~ ~d '~ ' cmrrt~ 4/0, to close the ~bltc hearing. C~tsstonem Sa~de~s moved, seconded ~y Co~tsstone~ Sh~ ~d ~',-- c~t~ 4/0, to adopt Resol~tton 92-52 conditioned ~pon Staff invest1- : ~tlng the co~lmtnts raised regarding the assessment method ~d ": ~tng adjuncts wherever necessa~ to entre the assessments are ,:,, : faAr ~d real.able. .~ .~. ::,~..-; ~ :. - Page 22 January 28, 1992 1:08 P.M. - Reconvened: 1:25 P.M. RECO~ENDATION TO WAIVE THE FEES FOR POSTING AN EMS AMBULANCE AT THE UPCOMING AETNA CHALLENGE EVENT TO BE HELD AT THE VINEYARDS - APPROVED WITH FUNDS DERIVED FROM EMS ENTERPRISE FUND - FUND 490 Tom Olltff, Assistant to the County Manager, explained this is a request to post an ambulance at the Annual Aetna Challenge scheduled for one week starting February 3rd. He said this ~s done annually because of the general charity nature of the event which returns large sums of money to local charities, as well as the size of the event. He communicated last year over 50,000 people turned out for the four- day event and from an EMS perspective, the necessity of having an ambulance is well warranted. In response to Commissioner Shanahan, Mr. Olliff said there is a standard billable hourly rate of approximately $71, however, in this case the County is only charging the actual cost of the overtime involved. Commissioner Volpe inquired if the Sheriff's Office provides police protection at this event? Lt. Byron Tomlfnson, representing the Sheriff's Office, stated his agency has a contract with the Vineyards for Deputies to be present. County Manager Dorrill communicated that F~nance Director Yonkosky has suggested the EMS Contingency Fund ~s a more appropriate place to provide the costs as opposed to general revenues. John Keschl asked if any amount of the proceeds from the Aetna 0hallenge are turned over to the County7 County Manager Dorrill recalled that two years ago, the County Museum received a portion of the funds raised, however, charitable agencies received $225,O00 in 1991. In response to Commissioner Volpe, Mr. Dorrtll stated the Aetna Challenge is a non-profit group that pays a management consultant to run the tournament, however, the net proceeds all go to charity. Mr. Keschl questioned if the funds are donated to charities in 74 Page 23 January 28, 1992 Collier County? County Manager Dorrll] indicated he ts not certain, however, most of those in attendance at the awards ceremonies tn 1991, were asso- ciated with Collier County charities. Co~atastoner Shanahan moved, seconded by Commissioner Saunders and carried 4/0, to waive the fees for posting an EMS ambulance at the Aetna Challenge on the basis that it provides a public service, and that the funds will be derived from Fund 490, the EMS Enterprise Fund. Ite~ RECOMMENDATION THAT THE BOARD CONSIDER APPROVAL OF AN AGREEMENT WITH COLLIER COUNTY CHILD ADVOCACY COUNCIL, INC., TO MEET STATUTORY REQUIREMENTS TO FUND EXAMINATIONS OF ABUSED AND NEGLECTED CHILDREN COORDINATED THROUGH THE COLLIER COUNTY CHILD ADVOCACY COUNCIL, INC./GHILD PROTECTION TEAM - APPROVED Assistant County Attorney Ramiro Mafialtch recalled the Board approved this item last year for the first time, pursuant to a statutory mandate. He said tn the interim, there have been ongoing discussions with Staff regarding the appropriate role of County funding. He indicated Public Services Director Martha Skinner correctly pointed out that an Attorney General request should be included, specifically, the question to the Attorney General regarding whether under confidentiality laws, the Child Protection Team can pur- sue Medicaid by sharing information with State HRS. He recommended the Board continue funding pursuant to the statutory mandate, with both parties agreeing that in conjunction with the Attorney General's ~uidance, the agreement will be amended if necessary. He concluded with a request that the agreement be approved effective October 1, 1991, through September 30, 1992. , Commissioner Volpe questioned if Dr. Polkowskt's office could pro- vide this kind of service7 Mr. Maflalich communicated his understanding that thls program set up through the auspices of HRS under the Statute, specifically, through the Children, Youth and Families program, who then designates a local Child Protection Team. He said they are untquely equipped to Page 24 January 28, 1992 deal with this type of examination as well as with the associated court related activities. Sandy Glover, with the Ch]Id Protection Team, explained Chapter 415 of the Florida Statutes specifically sets up the Child Protection Team who are mandated to provide the medical exam]nations. She said the physicians must be Board eligible pediatricians with additional training in abuse and neglect. She said the law mandates that the County will pay for the initial medical examination and be reimbursed from the parents. Mr. Maflalich added there are issues with substantial economic impact on the Medicaid reimbursement, because if they are able to information, there may be the potential for great reduction in the amount the County is paying. Co~imsionsr Shanahan moved, seconded by Commissioner Saunders and ~-rAed 4/0, to alrprove an agreement with Collier Count~ Child A~vocac~ Council, Inc., to meet Statutory requirements to fund exami- nations of abused and neglected children coordinated through the Collier C~nt¥ Child Advocacy Council, Inc./Child Protection Team. Page 25 January 28, 1992 It~ #1ol .?., RESOLUTION 92-53 SUPPORTING THE ALICO ROAD SITE AS FLORIDA'S TENTH ~', UNIFE~SITY SITE - ADOPTED Commissioner Saunders explained this resolution follows up on the Board' previously adopted resolutions dealing with the Altco site as the preferred site for Florida's tenth university. He said the Board's prior resolution supported that site and was directed to the Site Selection Committee, while this resolution ts directed to the Board of Regents and states that Collier County will provide Staff assistance if requested for the planning and permitting stages of the Altco site. Cmtsetoner Saunders moved, seconded by Commissioner Shmnahan, ~nd carried 4/0, to adopt Resolution 92-53 supporting the Altco Road mite u Florida's Tenth Un~verstty site. Page 26 January 28, 1992 Zte,m #12BI PETITION DOA-91-2, WILLIAM R. VINES OF VINES AND ASSOCIATES, INC., REPRESENTING ASHLEY M. PAPINEAU OF TOLLGATE COMMERCIAL CENTER, A FLORIDA GENERAL PARTNERSHIP REQUESTING AN AMENDMENT TO THE TOLLGATE COMMERCIAL CENTER PUD DEVELOPMENT ORDER 84-1 TO ALLOW THE ADDITION OF 30.83 ACRES OF LAND WHICH WILL INCREASE THE INTENSITY OF LAND USES AS DESCRIBED IN THE AMENDING DOCUMENT FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF 1-75 AND C.R. 951, CONSISTING OF 100.23 ACRES - CONTINTTKD TO 2/11/92 Legal notice having been published in the Naples Dally News on December 29, 1991, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition DOA-91-2, filed by Wllltam R. Vines of Vines and Associates, Inc., representing Ashley M. Paptneau of Tollgate Commercial Center, a Florida General Partnership, requesting an amendment to the Tollgate Commercial Center PUD Development Order 84-1 to allow the addition of 30.83 acres of land which will increase the Intensity of land uses as described in the amending document for property located at the southeast corner of 1-75 and C.R. 951. Planner Bellows asked the Board to consider Companion Petitions DOA-91-2 and PUD-83-18(3), requesting an amendment to the Tollgate PUD to allow the addition of 30 acres of former F/ortda Department of TransportatIon (FDOT) right-of-way as well as revisions to the PUD Document, Master Plan and Development Order. He said since the Tollgate PUD is an approved Development of Regional Impact (DRI), expansion of the project has triggered the DRI Substantial Deviation process. He indicated the acquisition of 30 acres of FDOT right-of- way has increased the project size from 69.4 to 100.235 acres. He noted there are no changes proposed to the previously approved list of permitted uses or development standards. He added with the increase in land area, the buildable area will expand as follows: the retail area is increased from 75,200 to 313,600 square feet, the industrial portion is increased from 300,000 to 550,000 square feet, hotel/motel rooms will increase from 200 to 405 and the office space will decrease from 45,000 to 35,000 square feet. He advised the petition is con- s~stent with the Growth Management Plan, and the Development Order has Page 27 January 28, [992 i been reviewed by the Southwest Florida Regional Planning Council (SFRPC) whose approvals, stipulations and recommendations have been incorporated into that document. He noted the petitioner has objected to the SFRPC's provisions for affordable housing. He mentioned the Department of Community Affairs (DCA) has requested the transportation stipulations be modified to adopt similar language to the Halstatt DRI. ";~ In response to Commissioner Volpe, Planner Bellows stated after :, discussions with SFRPC and the petitioner, SFRPC has revised its ginal stance and has proposed revised language that states when Collier County adopts its affordable housing ordinance with linkage fees, this project will be subject to that provision. He said if the funding mechanisms are not in place by January 1, 1994, each develop- ment within the project shall pay a fee of 20¢ per square foot of !> building space to an affordable housing trust fund at the time building permits are filed with the County. Planner Bellows called attention to the amendment to the transpor- tation section which includes concurrency language. He concluded the CCPC unanimously approved Petitions DOA-91-2 and PUD-83-18(3) and Staff has received no correspondence for or against this proposal. In answer to Commissioner Saunders, Planner Bellows stated the petitioner and Staff are in agreement with all stipulations and language. Commissioner Volpe advised Mr. Vines of his opportunity to con- i~'' tinue this item until a full Board of County Commissioners is available. Commissioner Volpe communicated his concern with the affordable housing aspect of the petition, stating his opinion that the location is very appropriate for affordable housing as well as the fact that the proposed enterprises will generate the need for low to moderate income housing. He indicated he is not satisfied with the peti- tioner's commitment to place 20¢ per square foot of buildinG space ~nto an affordable housing trust fund. He asked if the commitment January 28, I992 includes the entire project, including what is already built7 William Vines, representing the petitioner, stated he does not believe the fee is retroactively collectible, however, when an ordi- nance is adopted, the terms will be complied with. Planner Bellows mentioned having discussed this issue with a representative of the SFRPC who ~tated this type of project generally takes 15-20 years to build out, and therefore, Is not anticipated to happen before a linkage fee mechanism is in place. In response to Commissioner Volpe, Mr. Vines stated the concerns relative to the transportation aspect have all been resolved. He said the petitioner has FDOT concurrence with the final determination of improvement needs and costs, and the determination has been made and agreed to by FDOT that the Tollgate road impact fees will substan- tially exceed any road and intersection improvements necessitated by the Tollgate DRI's traffic impacts. Couissioner Saunders moved, seconded by Commissioner Hasse and carried 4/0, to close the public hearing. Co~iasioner Saunders moved, seconded by Commissioner Shanahan, to approv~ Petition DOA-gl-2 subject to all Staff stipulations. Commissioner Volpe reiterated his concern with affordable housing at this location. Mr. Vines advised the SFRPC wants Collier County to complete the business of adopting an affordable housing program which will be applicable broadly throughout Collier County. He said they initially indicated a desire to utilize Tollgate as a mechanism to create a small affordable housing program, however, ultlmate]y recognized that suggestion as inappropriate. Mr. Brutt clarified that Staff expects to present a linkage fee ordinance to the Board before the end of this year. Commissioner Volpe suggested this item be continued in order that he do additional research as well as provide the petitioner with a full Board upon the return of Commissioner Goodnight. Com~issioner Saunders withdrew the motion to approve Petition Page 29 28, ].992 DO&-gl-2. :~-- Co~aissionsr Saundere moved, seconded by Commissioner Shanahan and carried 4/0, to continue Petition DOA-92-! to the meeting of 2/11/92. Item #12B2 PETITION PUD-83-18(3), WILLIAM R. VINES OF VINES AND ASSOCIATES, INC., R~FRESENTING ASHLEY M. PAPINEAU OF TOLLGATE COMMERCIAL CENTER, A FLORIDA GENERAL PARTNERSHIP, REQUESTING AN AMENDMENT TO THE TOLLGATE COMMERCIAL CENTER PUD TO ALLOW THE ADDITION OF 30.83 ACRES OF LAND W~ICH WILL REQUIRE REVISIONS TO THE PUD DOCUMENT, MASTER PLAN AND DEVELOPMENT ORDER AS DESCRIBED IN THE AMENDING DOCUMENT FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF 1-75 AND C.R. 951, CONSISTING OF 100.23 ACRES - CONTINUED TO 2/11/92 Legal notice having been published in the Naples Daily News on December 24, 1991, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition PUD-83-18(3), filed by William R. Vines of Vines and Associates, Inc., representing Ashley M. Papineau of Tollgate Commercial Center, a Florida General Partnership, requesting an amendment to the Tollgate Commercial Center PUD to allow the addition of 30.83 acres of land which will require revisions to the PUD Document, Master Plan and Development Order as described in the amending document for property located at the southeast corner of 1-75 and C.R. 951, consisting of 100.23 acres. This item was discussed in conjunction with Petition DOA-91-2. Commissioner Saunders moved, seconded by Commissioner Shanahan and carried 4/0, to continue Petition PUD-83-18(3) to the meeting of 2/11/92. *se De~r~t~f Clerk Farris replaced Deputy Clerk Guevtn at this time **$ Item ,12B3 O~DINJkNCE 92-8, RE PETIT[ON PUD-84-35(1), CLIFFORD B. B&RKSDALE OF COLLIER DEVELOPI~ENT CORPORATION, REQUESTING A ZONING CHANGE ~ROH PUD TO POD FOR THE PURPOSE OF AMENDING THE COLLIER PUD IN ORDER TO DELETE HOTELS AND MOTELS AS PERMITTED USES AND TO INCREASE THE SHOPPING CENTER SIZ~ BY 32,525 SQUARE FEET/AT THE SAME TIME, THE PUD NAME IS CHAN~KD TO COURTHOUSE SHADOWS PUD FOR PROPERTY LOCATED AT THE SOUTH SIDE OF U.S. 41 AND OPPOSITE AIRPORT-PULLING ROAD, CONSISTING OF 20 ACRES -- ADOPTED Legal notice having been published in the Naples Dally News on January 8, 1992, as evidenced by Affidavit of Publication filed with I 89 Page 30 January 28, ~992 the Clerk, public hearing was opened to consider Petition PUD-84-35(1) ~ filed by Clifford B. Barksdale of Collier Development Corporation requesting a Planned Unit Development amendment to the Collier PUD. Planner Bellows identified the location of the subject site and explained the objective of this Petition is to amend the Collier PUD to delete hotels and motels as permitted uses, to increase the size of the shopping center by adding 32,525 square feet of mixed commercial · space, and to change the PUD name to the shopping center name, which is Courthouse Shadows. He confirmed staff's determination is that the amount of traffic generated by the proposed amendment is slightly lower than what the currently proposed development will generate. He remarked that proper mJttgatlon measures will ensure the County's interests are maintained. He relayed staff's recommendation for approval subject to stipulations. Richard Henderlong, representing Collier Development Corporation, ~': . displayed a map highlighting the subject site. He confirmed his organization is in agreement with the staff report. He reported having met with some of the property owners of College Court, as requested, and committing t6 plant more vegetation in an attempt to improve the buffer as well as placement of slats for the fencing. Co~issioner Shanahan moved, seconded by Commissioner Hasse and CmlT~ed 4/0, to close the public hearing. Co~ssioner Shmnahan moved, seconded by Commissioner Haose and carried 4/0, to approve the ordinance amending the Collier PUD in order to delete hotels and motels as permitted uses and to increase the shopping center size by 32,525 square feet, while at the same time changing the PUD name to Courthouse Shadows PUD for property located mt the south side of U.S. 41 and opposite Airport-Pulling Road, con- storing of 20 acres, pursuant to staff's stipulations and on the basis of the Collier County Planning Commission's recommendations, thereby adopting the Ordinance as numbered and titled below and entered into Ordinance Book 50: ORDINANCE 92-8 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING January' 28, 1992 ~IILATIONS FOR TH~ UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA B~ AMENDING TH~ OFFICIAL ZONING ATLAS MAP(S) NUMBERED 0511S, 0512S AND 0513N; B~ CHANGING THE ZONING CLASSIFICATION OF T~E P~EREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DE~ELOPMENT KNOWN AS COURTHOUSE SHADOWS PLANNED UNIT DEVELOPMENT, FOR PROPERTY LOCATED ON THE SOUTH SIDE OF US-4! AND OPPOSITE AIRPORT-PULLING ROAD, IN SECTIONS 11, 12, AND 13, TOWNSHIP 50 SOU'Iq~, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 20~ ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER $5-11, AS AMENDED, THE FORMER COLLIER PUD; AND BY PROVIDING AN EFFECTIVE DATE. BOARD OF COUNTY COMMISSIONERS - COMMUNICATIONS Commissioner Saunders requested an update on the possibility of consolidating some of the County's fleet maintenance with the City of Naples and the Sheriff's Office. County Manager Dorrtll responded that the City Manager has expressed an interest in either consolidation or privatization of City services, but feels that fleet maintenance might be a Phase II area. He stated he will find out the results of a meeting between staff and the Sheriff's Office Commissioner Saunders requested that County Attorney Cuyler pro- vide guidance regarding qua.si-Judicial hearings and how to conduct same, and County Attorney Cuy]er responded that a memo will be forth- 'coming. STAFF'S ¢O~INICAT IONS County Manager Dorrill explained that Lely Classics Golf Course has proposed a dedication ceremony, and stated the final Certificate of Occupancy for the restroom facilities on the course will be with- held until the woodpecker management plan has been resolved with the Florida Game and Fish Commission. He distributed a handout at this time. ~e C~issioner Saunders moved, seconded by Commissioner Hasse ~ carried 4/0, that the following items under the consent agenda be approved and/or adopted: $'' Item ~16A1 A NEW LEASE AGREEMENT BETWEEN LEWIS COLLINS AND COLLIER COUN%"f, A POLITICAL SUBDIVISION OF T~E STATE OF FLORIDA, WNICN PROVIDES FOR THE COMMUNITY DEVELOPMENT DIVISION'S CONTINUED USE OF UNIT #S OF THE January 28, 1992 BADCOCK BUILDING, IMMOKALEE, FLORIDA, ON A MONTH TO MONTH BASIS NOTE: ADOPTED LEASE WAS IN ERROR, SEE MARCH 17, 1992 FOR CORRECT LEASES UNITS #2 AND #3 See Pages ~, C~ ~ /~ ~. NATKR FACILITIES ACCEPTED FOR EAST NAPLES URGENT CARE CENTER - WITH STIPR~,ATION$ The water facilities to serve the project cannot be placed into service and no Certificate of Occupancy shall be issued until the Florida Department of Environmental Regulation fur- nishes a letter approving the water distribution system for service. 2. Bacteriological testing has met 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. Receipt of payment of water usage from Utilities for bac- teriological testing. 5. That the Board of County Commissioners accept as surety the cash bond in the amount of $583.85. OR Book ~7~-~ Pages ~'~9 Item 916A3 WATER FACILITIES ACCEPTED FOR FALLING WATERS, TRACT J - WITH ~-~ : ~TIPULATION~ The water facilities to serve the project cannot be placed into service and no Certificate of Occupancy shall be issued until the Florida Department of Environmental Regulation furnishes a letter approving the water distribution system for service. 2. Bacteriological testing has met the County's requirements. Receipt of payment of water usage from Utilities for bac- terlological testing. OR Book ~ Pages .~' _~ Item #16A4 WATER AND SEWER FACILITIES ACCEPTED FOR FALLING WATERS - WITH STIPULATIONS The 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, and; Bacteriological testing has met the County's requirements, and; The Fire Flow requirements of the project have been satisfied, and the Fire District furnishes a letter accepting the fire hydrant for ownership and maintenance. Page 33 January 28, 1992 4. Receipt of payment for water usage from Utilities for bac- teriological testing. OR Book /& ¢..,~ Pages 7- qo Item ,16A5 RESOLUTION 92-45 GRAN?ING PRELIMINARY ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "FALLING WATERS KEPLAT" - WITH STIPULATIONS Accept the First Mortgage on Real Property (posted with the Clerk) as security for maintenance of the infrastructure until the Board of County Commissioners grants final accep- tance of all improvements. 2o Authorize the Chairman to execute the Resolution authorizing preliminary acceptance. Preliminary acceptance of improvements will not become effec- tive until water and sewer facilities have been conveyed to Collier County Water-Sewer District. See Page. Ite~,16A6 THE FINAL PLAT OF "NATURE POINTE" - WITH STIPULATIONS That the final plat not be recorded until the required impro- vements have been constructed and accepted or until approved security is received for the incomp]eted improvements and that construction shall be completed within 36 months of the date of this approval. Authorize the Chairman to execute the Construction and Maintenance Agreement. That no building permits be issued until the final plat ts recorded. That prior to plat recordation, the developer shall submit a copy of the approved FDER dedicated easement and reference said easement by O.R. Book and Page on the final plat. That the developer enter into a binding agreement with the Collier County Utilities Division regarding maintenance of the sanitary sewer system prior to preliminary acceptance of the facilities. See Pages /~1~ ~'"' lOG Item e16A7 RESOLUTION 92-46 GRANTING PRELIMINARY ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "HA~F~SRID~E UNIT ONE" - WITH STIPULATIONS Accept the maintenance bond (posted with the Clerk) as security for maintenance of the infrastructure until the Board of County Commissioners grants final acceptance of improvements. Authorize the Chairman to execute the Resolution authorizing preliminary acceptance. 93 Page 34 January 28, 1992 See Page THH FINAL PLAT OF "DOLPHIN COVE" APPROV~D FOR RECORDING - WITH STIPULATIONS 1. Accept the Irrevocable Letter of Credit as security to guarantee completion of the subdivision improvements. 2. Authorize the recording of the final plat of "Dolphin Cove". 3. Authorize the Chairman to execute the construction and main- tenance agreement. 4. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. See Pages ~ ~' /~ Item #16B1 PAYMENT FOR APPRAISAL SERVICES RELATED TO THE CARSON/WESTCLOX ROAD IMPROVEMENT PROJECT - IN THE AMOUNT OF $?,000 Ite~ ~16C2 APPROVAL TO APPLY FOR A GRANT THROUGH UNITED WAY OF COLLIER COUNTY TO HELP DEFRAY OPERATIONAL COST FOR A SUMMER RECREATION PROGRAM TO BE HELD AT GOLDEN GATE COMMUNITY CENTER FORMA~ BID PROCESS WAIVED FOR CONTINUED USE OF DAVIS WATER & WASTE INDUSTRIES, INC., BIOXIDE PROCESS, REGARDING INSTALLATION OF AN ODOR CONTROL SYSTEM AT M.P.S. 3.02 FOR CONTROL OF HYDROGEN SULFIDE AT THE SOUTN ~OUNTY REGIONAL WASTEWATER TREATMENT FACILITY IteR #16E1 BID ~91-1808 FOR FILM AND FILM PROCESSING AWARDED TO THE PHOTO LAB WITH THE EXCEPTION OF THE POLAROID 600 FILM Item ~16E2 RESOLUTION 92-47 AUTHORIZING THE EXECUTION OF PURCHASE AGREEMENTS FOR THE G.A.C. LAND SALES TRUST CONVEYED TO COLLIER COUNTY BY AVATAR PROPERTIES INC. (AGREEMENT DATED NOVEMBER 15, 1983), BY THE CHAIRMAN OF ~ BOARD, FOR THE CURRENT CHAIRMAN'S TENURE ONLY See Page //3 Ite~16K3 A N~WLEASE AGREEMENT BETWEEN COLLIER COUNTY, A POLITICAL SUBDIVISION ~' OF THE ~TAT~ OF FLORIDA, AND THE COLLIER MODEL AERONAUTIC CLUB, INC., .... FOR THE CONTINUED UTILIZATION OF COUNTY-OWNED PROPERTY TO OPERATE A ': MODEL AIRPLANE FLYING CLUB See Pages Page 35 January 28, 1992 ITEM #16E4 CHAIRMAN TO EXECUTE WORK ORDER NUMBER VL-6 UNDER THE ANNUAL CONTRACT FOR ARCHITECTURAL SERVICES WiTH VICTOR J. LATAVISH, ARCHITECT, FOR THE RE-ROOFING AND AIR CONDITIONER REPLACEMENT AT THE COLLIER HEALTH SERVICES BUILDING IN IMMOKALEE - IN THE ESTIMATED AMOUNT OF $16,950 Item ,16G1 R~CYCLING & EDUCATION AND WASTE TIRE QUARTERLY GRANT REPORTS Ite~ ~16H1 BUDGET AMENDMENT TRANSFERRING FUNDS FROM RESERVES TO THE JAIL ADDITION PROJECT - IN THE AMOIr~T OF $12,725 1989 TAX ROLL No. Date 286 01/22/92 1990 TAX ROLL 304 01/22/92 1991 TAX ROLL 01/16/92-01/22/92 1991-60 1991 TANGIBLE PERSONAL PROPERTY 01/24/92 MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED The following miscellaneous correspondence was flied and/or referred to the various departments as Indicated below: Public Notice from the Department of the Army, Jacksonville District Corps of Engineers re: Permit Application No. 199102022(IP-BB), application by Collier County to per- manent]y moor two buoys off Tlgertatl Beach Public Park. Copy to Bi]/ Lorenz and filed. O00PI~[ 95 Page 36 January 28, 1992 10. Letter dated January 13, 1992, to Chairperson, BCC, from Trudie D. Bell, Environmental Supervisor, Wetland Resource Regulation, Department of Environmental Regulation, re: File 112069599 John Pulling, application for dredge and fill acti- vities. Copies to Bill Lorenz, Frank Brutt, Harry Huber, and filed. Memo dated January 10, 1992, to Flortda Counties and Cities, from Don W. Berryhill, P.E., Chief, Department of Environmental Regulation, re: Fiscal Year 1993 Revolving Loan Priority List. Copies to Bill Lorenz, Frank Brutt and filed. Letter dated January 10, 1992, to Commissioner Goodnight from Michael S. Williams, Director, Emergency Medical Services, Department of Health and Rehabilitative Services, re: award of an emergency medical services matching grant in the amount of $94,470. Copies to Neil Dorrtll, Jay Reardon, and filed. Letter dated January 10, 1992, to Commissioner Goodnight from Michael S. Williams, Director, Emergency Medical Services, Department of Health and Rehabilitative Services, re: appro- val of Collier County's grant application for $773,813, to purchase a helicopter to respond to sections of Hendry and Monroe Counties which are currently unserved. Copies to Neil Dorrill, Jay Reardon, and filed. Letter dated January 13, 1992, to Commissioner Goodnight from Michael S. Williams, Director, Emergency Medical Services, Department of Health and Rehabilitative Services, re: denial of Collier County's Grant application for $122,250. Copies to Nell Dorrill, Jay Reardon, and fi]ed. Letter dated January 2, 1992, to BCC from Tony D. McNeal, Engineer, Bureau of Coastal Engineering and Regulation, Division of Beaches and Shores, Department of Natural Resources, re: Request for Public. Comment, File Number: CO-350/Applicant: Collier County Board of Commissioners. Copies to Frank Brutt, Bill Lorenz, Stuart Santos, and filed. Copy to BCC of letter dated January 6, 1992, to Jerry C. Neal, P.E., Engineering Projects Manager, Collier County Government, from Alfred B. Devereaux, Jr., Chief, Bureau of Coastal Engineering and Regulation, Department of Natural Resources, re: approval of time extensfon, Permit File Number: CO-277 A; Permittee Name: Collier County Board of County Commissioners. Copies to Frank Brutt, Bill Lorenz, Stuart Santos, and filed. Copy to Collier County of letter dated January 6, 1992, to Patricta E. Thomson, from Alfred B. Devereaux, Jr., Chief, Bureau of Coastal Engineering and Regulation, Department of Natural Resources, re: Notice of Permit Violation, Permit Number: CO-220; Permittee Name: Patrlcia E. Thomson. Copies to Frank Brutt, Bill Lorenz, Stuart Santos, and filed. Minutes Received and Filed: Isles of Capri Fire District Advisory Board Minutes of the Regn/lar Meetings of 8/13/87, 10/1/87, 11/5/87, 12/3/87, Special Meeting of 12/10/87, Regular Meetings of 1/8/88, 2/4/88, 3/3/88, 4/7/88, 5/5/88, 6/2/88, 7/7/88, 8/4/88, 9/1/88, 10/13/88, 11/3/88, 1/5/89, 2/2/89, 3/2/89, 4/6/89, 5/4/89, 6/1/89, 7/6/89, 8/10/89, 9/7/89, 10/5/89, 11/2/89, 12/7/89, 1/11/90, 3/1/90, 5/3/90, 6/7/90, 7/5/90, 8/2/90, 9/13/90, 10/4/90, 11/1/90, 12/6/90, 1/3/91, 2/7/91, 3/21/91, 5/2/91, 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. January 28, 3992 8/1/91, 10/3/91, Special Meeting of 10/3/91, and Regular Meeting of 11/7/91. South Florida Water Management District Agenda for January 24, 1992. Notice of Nonpayment dated January 3, 1992, to BCC from Harper Bros., Inc., pursuant to a contract with Florida State Underground, for furnishing asphalt for the Pine Ridge Road Water Main Improvements. Copies to Steve Carnel], John Yonkosky, and filed. Copy to BCC of letter dated January g, lgg2, to Florida State Underground from Ronald E. Inge, Vice President/Finance, Harper Bros., Inc., releasing the Not]ce of Nonpayment sent out on the Pine Ridge Water Main Improvements job. Copy to BCC of Notice of Nonpayment dated January 9, 1992, to Harper Brothers, Inc., from Thompson Pump & Mfg., Co., Inc., for furnishing dewatertng system(s) for the Radio Road Road Widening Prolect. Copies to Steve Carnell, John Yonkosky, and filed. Notice to Owner dated December 31, 1991, to BCC from Hertz Equipment Rental, under an order given by Suppression Tech, for genera] equipment rental for the North Nap]es Community Park. Copies to Steve Camel], John Yonkosky, and filed. Copy to BCC of Notice to Owner dated January 13, 1992, to Rocket Industries, from Consolidated Electric Supply under an order given by Polakoff Electric Co., for miscellaneous electrical supplies and equipment for the East Golden Gate Wellfield Expansion. Copies to Steve Carnell, John Yonkosky, and filed. Notice to Proceed dated January ]4, 1992, from Tony D. McNeal, Engineer, Divtston of Beaches and Shores, Department of Natural Resources, re: Permit Number: C0-257 Mi; Permit Expires: April 4, 1992; Permittee: Collier County Board of County Commissioners. Copies to Frank Brutt, Bill Lorenz, and filed. Final Notice to Contractor dated January ~5, ]992, to BCC from APAC-Florida, Inc., Sarasota Division, pursuant to a contract with M.D. Harwell, to prime, sand and pave with ~" S-3 Asphalt at the Immokalee Community Center. Copies to Steve Carnell, John Yonkosky, and filed. Dated January 9, 1992, Notice of Hearlng Before the Florida Public Service Commission, to All Investor-Owned Electric and Gas Utilities and All Other Interested Parties, re: Docket No. 920001-EI, Docket No. 920002-EG and Docket No. 920003-GU. Copy to Mike Arnold, and filed. Dated January 7, 1992, Before the Florida Public Service Commission, Docket No. 910662-WS, Order No. 25575, Order Acknowledging Corporate Reorganization. Copy to Mike Arnold, and filed. Dated January 13, 1992, Motion for Temporary Injunction re: Case No. 92-0007-CA-01 in the Circutt Court of the Twentieth Judicial Circuit, tn and for Collier County, Florida, Vincent P. and Carol A. Ocuto, Plaintiffs v Collier County, Florida, and the Collier County Board of Commissioners. Copies to Nell Dorrill, Ken Cuyler, and filed. Dated January 13, 1992, Motion for Temporary Injunction re: Case No. 92-0008-CA-0~ in the Circuit Court of the Twentieth OCO 97 Page 38 January 28, 1992 Judicial Circuit, in and for Collier County, Florida, Albert and Anne Stanko, Plaintiffs v Collier County, Florida, and the Collier County Board of Commissioners. Copies to Neil Dorrill, Ken Cuyler, and filed. It~ #16K1 GRANT APPLICATION TO THE FLORIDA DEPARTMENT OF TRANSPORTATION IN THE AMOUNT OF 992,833 See Pages Item #16L1 RESOLUTION 92-48 SPLITTING THE SPECIAL ASSESSMENT FOR A PARCEL OF LAND KNOWN AS GRAND BAY LOCATED WITHIN THE PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT SPECIAL ASSESSMENT DISTRICT See Pages There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 3:30 P.M. *:~.i.. ATTEST :.';i ".(¢.' BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL · T mtnt~te:~ approved by the Board on ::: .... .,... S~'.,l~'0 ' / ~', as presented // or as corrected Page 39