Recap 11/22/1994 R COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
Tuesday, November 22, 1994
9:00 a.m.
NOTICE: ALL PERSONS WISHING TO SPEAK 0N ANY AGENDA ITEM MUST
REGISTER PRIOR TO SPEAKING.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT
ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH
EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR
TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER
"PUBLIC PETITIONS"
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS
BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING
THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A
VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE
APPEAL IS TO BE BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE
(5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS
GRANTED BY THE CHAIRMAN.
ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE
AVAILABLE IN THE CO~IN"I"fMANAGER'S OFFICE
1. INVOCATION AND PLEDGE OF ALLEGIANCE
Newly elected Commissioners Pam Mac'Kie and Tim
sworn in as County Commissioners
2. APPROVAL OF AGENDA~ND CONSENT AGENDA
Hancock
A. Approval of consent agenda.
/. APPROVAL OF MI~"JTES
September 28, 1994 - Utility Billing and Solid Waste
Assessment Workshop.
ptember 28, 1994 - Impact Fees and Final Budget hearing.
,~P~C~TIONS A~ SERVICE A~A~DS
_A. ~roclamations
1
November 22, 1994
Appoved and/or
w/changes 5/0
Approved 5/0
Approved 5/0
Approved 5/0
adopted
mo
~1./Marco Island Quest
For Peace Day.
To be accepted by
Michael Farrell Road & Bridge 5 years
addS/
C~/ Proclamation designating Naples Aviation Sunday,
. ~4th - Lt./Col. John W. Kern
5. k~PPROVAL OF BUI)GET AMENDMENTS
6. ~PROVA~ OF CLERK'S REPORT
A. TABULATION OF CONTRACTS AND DOCUMENTS (FY 93-94)
B.
December
ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES
1. ~eneral Fund (001) (FY 93-94)
2. /Community Development Fund (113) (FY 93-94)
-- 3~ Facilities Construction Fund (301) (FY 93-94)
C. TAiiULATION OF CONTRACTS AND DOCUMENTS (FY 94-95)
D. AN kLYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES
1. ~eneral Fund (001) (FY 94-95)
2. Clgmmunity Development Fund (113) (FY 94-95)
3. ~cilities Construction Fund (301) (FY 94-95)
7.~PUBLIC PETITIONS
8. ~I~!iANAGER'S REPORT
At COMMUNITY DEVELOPMENT
~(1)/Request that the Board of County Commissioners
~¢o~sider deferring 100% of the impact fees for 138
~Qelling units of the 140 unit affordable housing project
/~o be built by Eaton Place of Naples, Ltd., a Florida
L~mited Partnership, in Collier County, Florida, from
~l~brary systems, parks and recreational facilities, road,
~e~ergency medical, water, sewer, and educational
facilities impact fees for Eaton Place Apartments
affordable rental units. (Companion to Agenda Item
November 22, 1994
Adopted 5/0
Presented
Adopted 5/0
BA 95-58 Adopted 5/0
No Action. Companion Item
#12B2 Denied.
12B.(2)
~2)/Approval to execute an Agreement to provide local
t/~s to support the Transportation Disadvantaged (TD)
~_ ~ ~ram in Collier County.
A~e~/(3) Recommendation to approve for recording the final
plat of "Quail West Unit One, Replat Block C". (Chairman
Constantine)
B. TRANSPORTATION
C. PUBLIC SERVICES
D. UTILITIES
E. ADMINISTRATIVE SERVICES
F. EMERGENCY SERVICES
G. ENVIRONMENTAL SERVICES
IH. COUNTY MANAGER ~
-*~/(1) Recommendation that the Board of County Commissioners
'~ approve a Joint Participation Agreement (JPA) with the
//~ Florida Department of Transportation for the Everglades
~ \ Airpark o Airport Security Fencing.
(2) Recommendation that the Board of County Commissioners
accept two $90,000 airport grants totaling $180,000 from
the Florida Department of Transportation for the
development of two Airport Master Plans and Environmental
Plan for the Immokalee Regional and Everglades Airpark
Airports and authorize the transfer of $20,000 from
airport reserves to leverage the $180,000 airport grants.
(3) Staff report on effluent management options for the
South County Regional Wastewater Treatment Facility and
~/ecommendation to proceed with selected alternative.
1/! (4) A request for authorization to issue an order to
~/ Colony Cablevision of Florida and CableVision Industries
egarding regulation of rates.
Adde~/ ~) Recommendation that the Board
~:/agreement No. 8 for professional
approve supplemental
land surveying and
November 22, 1994
Approved 5/0
Res. 94-812 Adopted with
stipulations, letter of
credit and construction
and maintenance agreement
5/O
Res. 94-813 Adoped 5/0
/
Res. 94-814 and
94-8~Adoped 5/0
Res.
Continued for two weeks
4/1 (Commsr. Norris
opposed).
Res. 94-816~ofor Colony
Cablevision and Res.
~A4-817 for Cablevision
Industries - Adopted 3/0
(Commissioners Matthews
and Mac'Kie absent)
Approved. 4/0
(Commissioner Matthews
mapping services related to the design of an off-site
~i~igation plan for the CR 951 improvement project (CIE
~10 and 11).
9. COUN~YA~TORNEY'S REPORT
A. (DiscUssion regarding the current status of the Tourist
T~x/ case and request for authorization to engage the
C~A~ton, Fields law firm for further appellate
oc~j~ings. (Continued from 11/15/94 meeting).
10. B~ARD OF COUNTY COMMISSIONERS
A/~xtra Gain Time: NEED MOTION authorizing Extra Gain Time
/ ~-~r In~~7 46326. RECOMMEND APPROVAL.
B.~ Status Report to the BCC by Code Enforcement Board Vice
airman. (Continued from the meeting of 11/15/94)
Added
~.x Resolution regarding the DEP issuance of a permit
~/allowing boats of draft greater than 3 feet in the
/~Wiggins Pass Basin and the Cocohatchee River.
~_ ./ ~Commissioner Matthews)
Added
· Request for direction concerning the use of the local
government infrastructure surtax (commonly referred to as
the local option one cent or one-half cent sales tax) as
a funding source for the design and construction of the
second Gordon River Bridge. (Commisisoner Mac'Kie)
11. OTHER CONSTITUTIONAL OFFICERS
PUBLIC COMMENT ON GENERAL TOPICS
LUNCH RECESS 12:00 NOON - 1:00 P.N.
PUBLIC HEARINGS gILL BE HEARD I~I~EDIATELY FOLLOWING STAFF ITEHS
out)
Approved 5/0
Denied 5/0
Presented
County Attorney to draft
Letter to DEP that notice
and legal requirements be
required for issuance of
a permit and that no
further requests be made
to petition an extension
of the submerged land
lease. 5/0
To be brought back in two
weeks with answers to
Commissioners' questions.
12. ADVERTISED PUBLIC HEARINGS - BCC
A. COHPREHENSIVE PLAN AMENDMENTS
B. ZONING AMENDMENTS
4
November 22, 1994
(1) Petition PUD-94-1, Robert L. Duane of Hole, Montes &
· Associates, Inc., representing Ayres Partnership
requesting a rezone from "A" to "PUD" to be known as
"Sierra Meadows" for a maximum of 508 multi-family
dwelling units and a maximum of 160,000 square feet of
commercial uses, located on the southwest corner of
County Road 951 and Rattlesnake Hammock Road in Sec. 22,
T50S, R26E, consisting of 90.8± acres. (Continued to the
meeting of 12/20/94)
(2) Petition PUD-94-6, Thomas J. Mannausa of Mannausa
Development Company representing Eaton Place of Naples,
Ltd., requesting a rezone from "Rural Agricultural (A)"
to "PUD" Planned Unit Development District, for an
affordable housing project to be known as "Eaton Place
PUD" located on the west side of Airport-Pulling Road
approximately lb miles north of Pine Ridge Road in Sec.
2, T49S, R25E, consisting of 9.97± acres. (Companion to
Agenda Item 8A.(1)
(3) Petition PUD-87-36(1), Michael Fernandez, AICP, of
Agnoli, Barber & Brundage, Inc., representing The
Claussen Company requesting a rezone from "PUD" (ST) to
"PUD" for the project known as Carlton Lakes Planned Unit
Development for a mixed residential and commercial
development for property fronting on the north side of
Immokalee Road (C.R. 846) in Sec. 19, T48S, R26E.
(4) Petition PUD-94-5, Dwight Nadeau of McAnly, Asher &
Associates, P.A., representing Crystal Lake Joint Venture
requesting a rezone from "A" and "PUD" to "PUD" Planned
Unit Development District for a TTRVC/Park Trailer
Development to be known as Crystal Lake PUD located on
the east side of C.R. 951% mile south of Immokalee Road
,(C.R. 846) in Sec. 26, T48S, R26E.
OTHER
~ithdrawn
(1) An Ordinance amending Ordinance No. 86-87, as
amended, regarding water and sewer service provided by
Collier County; amending Section Five to delete
five-eights inch water meters and to impose late payment
charge after 15 days delinquency; amending Section Seven
to delete reference to 5/8th inch meters and to credit
interest to each customer's water account; amending
Section Eight to credit interest to each customer's sewer
account; providing for conflict and severability; and
providing an effective date (Amend Ordinance 93-30 to
include the payment of interest on Customer Deposits,
changing the delinquent date for delinquent fees, and
November 22, 1994
Continued to 12/20/94
Denied 3/2 (Commsrs.
Norris and Constantine
opposed)
Ord. 94-60 Adopted
w/changes 5/0
Ord. 94-61 Adopted
w/stipulations in the PUD
5/O
Withdrawn
deleting ~/8" water
meeting?~/ ~
13. BOARD OF ZONING APPEALS
meters) (continued from 11/15/94
~A. ADVERTISED PUBLIC HEARINGS
/(11) A Resolution amending Resolution Number 94-425 to
O< 9~rrect a scrivener's error in the legal description for
Xetition V-94-7.
~ (72) Petition CU-94-18, R. Bruce Anderson of Young,
l/ VanAssenderp and Varnadoe, P.A., representing NAPCO
~/ Holdings, Inc., requesting Conditional Use "2", "4" and
"6" of Section 2.2.12.3 of the C-1/T Zoning District for
property located on the east side of the intersection of
U.S. 41 and Cypress Woods Drive in Sec. 22, T49S, R25E,
consisting of 2.41± acres.
(3) Petition CU-94-19, Jerry Neal of the Office of
c//~Capital Projects Management representing Sheriff Don
/Hunter requesting Conditional Use per Section 2.6.9.2
(Essential Services) of the Land Development Code for a
X;juvenile boot camp (safety service) facility for property
located on Stockade Road in Sec. 15, T47S, R29E.
p((4) Petition FDPO-94-4, Mr. Scott Schilke representing
Royal Marco Developers of Florida, requesting a 5.2 foot
variance from the minimum base flood elevation of 12 feet
GVD as required by Flood Damage Prevention Ordinance
FDPO) Number 87-80 on property described as Royal Marco
oint Phase I, Sec. 6, T52S, R26E. (THIS ITEH HAS BEEN
~ITHDRA~;N)
B. OTHER
14. BOAlID OF COUNTY COI~ISSIONERS' COMMUNICATIONS
1. EPTAB Discussion.
15. STAFF'S COMIfONICATIONS
16.
CONSENT AGENDA
Res. 94-818 Adopted 5/0
Res. 94-819 Adopted
w/stipulations 5/0
Res. 94-820 Adopted
w/stipulations 5/0
Withdrawn
Not discussed
All matters listed under this item are considered to be Approved
routine and action will be taken by one motion without 5/0
separate discussion of each item. If discussion is
desired by a member of the Board, that item(s) will be
removed from the Consent Agenda and considered
November 22, 1994
and/or
Adopted
separately.
A. COMMUNITY DEVELOPMENT
/(1) Recommendation to grant preliminary acceptance of the
roadway, drainage, water and sewer improvements for the
final plat of "North Bay Plaza".
/~2) Recommendation to grant preliminary acceptance of the
r~oadway, drainage, water and sewer improvements for the
final plat of "Ketch Cay at Windstar Unit One".
13') Recommendation to grant preliminary acceptance of the
roadway, drainage, water and sewer improvements for the
final plat of "Ketch Cay at Windstar Unit Two".
(4) Sewer facilities acceptance for Ketch Cay at
Windstar, Units One and Two.
/ (5) Recommendation to accept the security for Excavation
ermit No. 59.518 "Safe Harbor" located in Sec. 26, T49S,
26E.
(6) Recommendation to approve for recording the final
~I~t of "Silver Lakes Phase 2A" and grant preliminary
.acceptance of the roadway, drainage, water and sewer
improvements.
1111(7) Sewer facilities acceptance for Silver Lakes, Phase
o-A.
) Request that the Board of County Commissioners
nsider deferring 100% of the impact fees for a 73 unit
fordable housing project to be built by Jasmine Cay
sociates, Ltd., a Florida Limited Partnership in the
ity of Naples, Collier County, Florida, from library
stems, parks and recreational facilities, road,
emergency medical, and educational facilities impact fees
for 3asmine Cay Apartments affordable rental units.
(9) Recommendation to approve for recording the final
plat of "Huntington".
~ ! /) Recommendation to grant preliminary acceptance of the
~/L-~ roadway, drainage, water and sewer improvements for the
~, final plat of "l~1omino Village".
!/ (11) Water and sewer facilities acceptance for Palomino
Village.
7
November 22, 1994
Res 94-800 with
stipulations.
Res. 94-801 with
stipulation and letter of
credit.
Res. 94-802 with
stipulation and 1.et~ter o.~
with stipulations
Letter of credit accepted
Res. 94-803 with
stipulations, cash bond
and maintenance agreement
with stipulations
Res. 94-804 and execution
of agreement
.A~ith stipulations;~t r
'~~ena~ndc~°~Sgtr[eUCmte~n
Res. 94-805 with
stipulations
with stipulations
B. TRANSPORTATION
r(1) Petition AV 94-008 to vacate a portion of an access
and drainage easement located on a parcel of land lying
n Section 4, Township 49 South, Range 25 East, as
ecorded in Official Record Book 1536, Pages 1879 through
1912, of the Public Records of Collier County, Florida.
C. PUBLIC SERVICES
D. UTILITIES
~~//~E. ADMINISTRATIV~E SER___VICE___~S
1) Recommendation to establish three new pay titles and
eview the salary range assignment of two current pay
titles within the Community Development Division.
/(2) To obtain Board approval for the faithful performance
bonds of elected officials.
~) Recommendation to cancel current taxes upon land
//acquired for public use on a portion of property known as
~v Bear's Paw Country Club containing approximately 5,130
\ square feet, more or less (MOR).
(4) Recommendation that the Board of County Commissioners
approve the assignment of easement by and between
,~/ Southampton Development Corporation, a Florida
v\ . Corporation, .and Taylor Woodrow Communities, a Florida
/~ general partnership, and authorize the Chairman to
execute a resolution approving the assignment of
easement.
i) Recommendation to cancel current taxes upon land
quired for public use for property situated in Section
, Township 49 South, Range 26 East, Collier County,
/ ~Florida, known as the Sherwood Park PUD containing 0.253
acres of land more or less (MOL).
F. EMERGENCY SERVICES
G. ENVIRONMENTAL SERVICES
H. COUNTYMANAGER
/(1) Recommendation to adopt a resolution authorizing the
',,/ acquisition of perpetual right-of-way, utility, drainage
/ and maintenance easements, temporary construction
easements or fee simple title by gift ~r purchase which
November 22, 1994
Res. 94-806
Res. 94-807
Res. 94-808
Res. 94-809
Res. 94-810
acquisitions are required for the widening improvements
\ zp~ C.R. 864 (Rattlesnake Hammock Road) from U.S. 41 to
11y Avenue.
[/$ Recommendation for adoption of a resolution in
support of the Collier County Coastal Revegetation and
~/S~tabilization Plan and designating the Collier Soil and
L//~ater Conservation District as the lead agency for the
- j pqoject funding request.
~/ (3) Recommendation to approve funding source for the
~investigation of a new water supply for the NCRWTP
~expansion.
(4) Recommendation for approval of Change Order No. 2
with Vanderbilt Bay Construction, Inc. in the amount of
$108,516.00 for the sanitary sewer and electric line
~mprovements at the Clam Pass Park.
(5) Recommendation to award Bid No. 94-2293, Vanderbilt
Beach Pedestrian Access Ramps to Naples Construction
Services D/B/A Naples Dock and Marine Services, in the
amount of $21,265.60.
(6) Recommendation that the Board of County Commissioners
· ~prove a six month lease with Ten Thousand Island Aero
~g/ Tours at Everglades Airpark to provide scenic aircraft
tours.
(7) Recommendation to adopt the budget amendment
appropriating carry forward and expenditure budgets for
/~...~open purchase orders a the end of Fiscal Year 1994 in
Fiscal Year 1995.
I. BOARD OF COUNTY COMMISSIONERS
J. MISCELLANEOUS CORRESPONDENCE
Certificate for Correction: NEED MOTION authorizing
the Chairman to sign Certificate for Correction to
the tax rolls as presented by the Property
Appraiser's Office. RECOMMEND APPROVAL.
K. OTHER CONSTITUTIONAL OFFICERS
(1) To present to the Board of County Commissioners the
status of Special Districts' compliance with Florida
x~Statutes, Chapter 189 requirements.
L'OUNTY ATTORNEY
Res. 94-811
For the total amount of
$175.00
In the total amount of
$24,742,086.15
9
November 22, 1994