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Recap 03/28/1995 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, March 28, 1995 9500 a.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON 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 COUNTY COMMISSIONERS' OFFICE 1. INVOCATION AND PLEDGE OF ALLEGIANCE 2. APPROVAL OF AGENDA AND CONSENT AGENDA Approved and/or adopted 5/0 A. Approval of consent agenda. Approved and/or adopted 5/0 3. APPROVAL OF MINUTES March 7, 1995 - Regular meeting. Approved as presented 5/0 4. PROCLAMATIONS AND SERVICE AWARDS A. Proclamations (1) "Special Olympics Day". To be Accepted by Robert Adopted 5/0 Berman. B. Service Awards Presented 1 March 28, 1995 George Archibald Transportation - Admin. 20 years Ann Hare Emergency Medical Services 10 years David Miller Traffic Operations 10 years Maria Lucero Agriculture 10 years Edward Finn Budget 5 years Stephen Rockey Emergency Medical Services 5 years Peggy Badger Parks & Recreation 5 years Not Present Renee Jobnathan Housing & Urban Improvement 5 years C. Presentations Added~ Recognition of Sam Poole, Executive Director of South Recognized Florida Water Management District 5. APPROVAL OF BUDGET AMENDMENTS BA 95-207 and 95-208 - Adopted 5/0 6. APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES 1. General Fund (001) (FY 94-95) 2. Community Development Fund (113) (FY 94-95) 3. Facilities Construction Fund (301) (FY 94-95) 7. PUBLIC PETITIONS 8. COUNTY MANAGER'S REPORT A. COMMUNITY DEVELOPMENT (1) Discussion of issues related to the Safe Harbor Property owner to obtain Development's entry wall and chain link fence right-of-way permit encroachment into County Road 951 drainage canal (Consensus) right-of-way. (Continued from the meeting of 3/14/95). B. TRANSPORTATION Added~ (1) Recommendation to establish an emergency contract for Staff recommendation median and selected public area grounds maintenance for approved 5/0 both Marco Island and Golden Gate Parkway Beautification MSTU Districts. C. PUBLIC SERVICES (1) Recommendation that the Collier County Commissioners Contract to be signed and consider options in regards to the proposed annual insurance to be purchased agreement with the State HRS for the provision of County from State Reserve Fund. funds for locally provided health services. (Due to the Indemnification language length of the contract, copies have not been provided for to be added. Approved 5/0 2 March 28, 1995 this packet. A copy is available in the County Manager's office for inspection.) D. UTILITIES (1) Consideration of Alternative Impact Fee Calculation Denied 5/0 for Sherwood Park (continued from meeting of 3/14/95). E. ADMINISTRATIVE SERVICES F. EMERGENCY SERVICES G. ENVIRONMENTAL SERVICES (1) Recommendation to select scope of project for Naples Staff to investigate Park drainage project cost allocation and proceed with availability for Town Hall implementation of special taxing and benefit unit to fund meeting on 4/20/95 in the proposed drainage improvements. evening to discuss options 5/0 (2) Status of Manatee Protection Plan (Continued to the meeting of 4/4/95). Continued to 4/4/95 H. COUNTY MANAGER (1) Recommendation that the Board adopt a Resolution Res. 95~243 Adopted 5/0 authorizing the acquisition of non-exclusive, perpetual drainage easements and a mitigation easement for the construction of the roadway six-laning of Golden Gate Parkway from Goodlette-Frank Road to Airport-Pulling Road and the intersection improvements at Golden Gate Parkway and Goodlette-Frank Road and the intersection improvements at Golden Gate Parkway and Airport-Pulling Road. (2) Recommendation to approve advisory boards designated Approved 4/0 (Comm. for annual review per Ordinance 92-44. Mac'Kie out) (3) Consideration of utility privatization tasks schedule Direct Staff to and policies. develop level of service and provide best 9. COUNTY ATTORNEY'S REPORT bid 4/1 Comm. Constantine opposed) A. Request by the Collier County Industrial Development Res. 95-244 Adopted 5/0 Authority for approval of a Resolution authorizing the Authority to issue industrial development revenue bonds to be used to finance a qualifying manufacturing facility. B. Request for Board direction on disposition of surplus Approve Staff monies collected as an ad valorem tax in Sewer Area "B" recommendation 5/0 South Half Municipal Service Taxing District. 10. BOARD OF COUNTY COMMISSIONERS 3 March 28, 1995 A. Discussion requesting support for the Florida Shore & Support declined 5/0 Beach Preservation Association regarding Federal beach funding. (Commissioner Matthews). B. Request from Lt. Wells of the Florida Highway Patrol Continued to 4/4/95 4/0 regarding the purchase of radar devices by Collier (Commsr. Matthews out) County. Added2 C. Consideration of consultant services regarding the Marco Res. 95-250 authorizing Beach Management Plan (Critical Wildlife Area). Legal fees in the amt. of $7,500. 4/0 (Commsr. Mac'Kie out) D. Discussion re letter from Immokalee Non-Profit Housing, Emergency ordinance to Inc. re verbiage of impact fee resolution. allow waivers to be presented on 4/4/95 E. Discussion re letter from Representative Saunders re Chairman to draft letter proposed House Bill. in support of House Bill 5/0 11. OTHER CONSTITUTIONAL OFFICERS PUBLIC COMMENT ON GENERAL TOPICS John Delate re Waste Mgmt. Landfill Contract; and concept of Golden Gate Fire audit LUNCH RECESS 12200 - 1200 P.M. PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS BCC A. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS (1) Petition PUD-94-11, Michael J. Landy of Butler Ord. 95-14 Adopted as Engineering, Inc., representing R. L. Schmeckpeper, Inc., amended 5/0 Darryl J. Damico, Herman and Ilse Schumacher and Ivan and Madeleine Varkay, requesting a rezoning of certain defined property as herein described from RMF-12 to PUD (Parkway Place PUD) for property located at the southwest intersection of Golden Gate Parkway (C.R. 886) and 53rd Street SW, Lots 7-11, Block 230, Golden Gate Unit 7, in Sec. 28, T49S, R26E, consisting of 1.99± acres. (Continued from the meeting of 3/14/95). (2 Petition R-94-8, Robert Duane of Hole, Montes and Ord. 95-15 Adopted 4 March 28, 1995 Associates, Inc., representing Mr. Francini and Mr. w/stipulations as amended. Romano, requesting a fezone from C-1/T and RSF-3 to the 5/0 C-3 Zoning District for property located on the southeast corner of U.S. 41 East and Highland Road in Sec. 13, T50S, R25E. C. OTHER (1) Petition AV 94-018 to vacate a 60 foot road, utility Res. 95-245 Adopted 5/0 and drainage easement located on a parcel of land lying in Section 11, Township 50 South, Range 26 East, as recorded in Official Record Book 306, Page 530. (2) Petition AV 95-002, Bess Eriksson, as agent for Res. 95-246 Adopted owner, Dale P. Beatty, requesting vacation of all public w/stipulations. 5/0 interest in a portion of a one hundred and fifty foot (150') drainage easement, as recorded in Deed Book 28, Pages 120-121, and Road Plat Book 2, Page 55, of the Public Records of Collier County, Florida. (3) Petition CCSL-94-15, Dorothea Zysko of Wilson, Res. 95-247 Adopted 5/0 Miller, Barton and Peek, Inc., representing The Ritz-Carlton Hotels, a Georgia Limited Partnership, requesting a Coastal Construction Setback Line variance to allow the expansion of existing beachside facilities, including a second covered pavilion, a second story to the existing pavilion, a shore parallel boardwalk, a maintenance boardwalk and two dune walkovers, located at 280 Vanderbilt Beach Road in Sec. 32, T48S, R25E. (4) Recommendation that the Board of County Commissioners Ord. 95-16 Adopted and to approve an Ordinance repealing and superseding Collier become effective upon County Ordinance No. 91-56 as amended, being the County's return by the Secretary of Building Construction Administrative Code for the gas, State's Office. 5/0 mechanical, plumbing, electrical, fire, swimming pool, and building codes. (5) Recommendation that the Board of County Commissioners Ord. 95-17 Adopted and to adopt by Ordinance the "Standard Mechanical Code, 1994 become effective 7/1/95. Edition" as published by the Southern Building Code 5/0 Congress International, Inc., as amended by Collier County Ordinance. (6) Recommendation that the Board of County Commissioners Ord. 95-18 Adopted and to adopt by Ordinance the "National Electrical Code, 1993 become effective 7/1/95. Edition" as published by the National Fire Protection 5/0 Association as amended as the Collier County Electrical Code. (7) Recommendation that the Board of County Commissioners Ord. 95-19 Adopted and to adopt by Ordinance the "Standard plumbing Code, 1994 become effective 7/1/95. Edition" as published by the Southern Building Code 5/0 Congress International, Inc., as amended by Collier County Ordinance. 5 March 28, 1995 (8) Recommendation that the Board of County Commissioners Ord. 95-20 Adopted and to adopt by Ordinance the 1991 Edition of the Standard become effective 7/1/95. Building Code as published by the Southern Building Code 5/0 Congress International, Inc., as amended by Collier County Ordinance. (9) Recommendation that the Board of County Commissioners Ord. 95-21 Adopted and to adopt by Ordinance the "Standard Gas Code, 1994 Edition" become effective 7/1/95. as published by the Southern Building Code Congress 5/0; and International, Inc., as amended by Collier County Productivity Committee to Ordinance. work w/Development Services Committee and CBIA to review current codes. 5/0. (10) An Ordinance establishing the Immokalee Enterprise Res. 95-248 Adopted 5/0 Zone Development Agency (EZDA) and a Resolution Ord. 95-22 Adopted 5/0 appointing members to the Agency and nominating the Res. 95-249 appointing the Immokalee Community for State Enterprise Zone 12 members identified in designation. the executive summary Adopted 5/0. 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS B. OTHER 14. BOARD OF COUNTY COMMISSIONERS' COM3ru'NICATIONS A. Lobbying Efforts in Tallahassee. Weekly update to be faxed to all three Counties. B. Letter prepared for legislative review re Big Marco Pass Letter to also be sent to Critical Wildlife Area. Governor & Cabinet. Co Internal audit of Utilities Division. Discussed D. Letter from Black Affairs Advisory Board requesting Chairman to forward letter meeting. of response 15. STAFF'S COMM]INICATIONS A. Commission District Redistricting No Action B. Pilot Program for Channel 54 No Action 16. CONSENT AGENDA 6 March 28, 1995 All matters listed under this item are considered to be routine Approved and/or adopted and action will be taken by one motion without separate 5/0 with the exception of discussion of each item. If discussion is desired by a Item #16B1 - 4/0 ( Commsr. member of the Board, that item(s) will be removed from Mac'Kie abstained) the Consent Agenda and considered separately. A. COMMUNITY DEVELOPMENT (1) Recommendation to accept a replacement maintenance security for the infrastructure within "Falling Waters", enter into a supplemental agreement, and release the developer's mortgage security. (2) Recommendation to approve for recording the final Res. 95-236 plat of "First National Bank of Naples". (3) Water facilities acceptance for Canterbury House at The Vineyards. (4) Recommendation to grant final acceptance of the Res. 95-237 roadway, drainage, water and sewer improvements for the final plat of "Vineyards Arbor Glen". (5) Water and sewer facilities acceptance for Fountainhead at The Vineyards. B. TRANSPORTATION (1) Petition AV 94-005 to vacate portions of drainage 4/0 (Commsr. Mac'Kie easements located on a parcel of land lying in Section abstained) 33, Township 48 South, Range 25 East, as recorded in Official Record Book 1833, Page 1825, and Official Record Book 1236, Page 1726, of the Public Records of Collier County, Florida. (2) Recommendation that the Board of County Commissioners Res. 95-238 approve a Resolution authorizing the sale of County-owned property to the Florida Department of Transportation for roadway improvements. (3) Recommendation to award a contract for median and selected public area grounds maintenance for the Immokalee Beautification M.S.T.U.; Bid No. 95-2330; to Commercial Land Maintenance, Inc.; in an annual amount of $60,087.16. C. PUBLIC SERVICES (1) Recommendation that the Board of County Commissioners reject Bid 94-2182 for a concession operation at the 7 March 28, 1995 Golden Gate Aquatic facility and direct staff to re-bid the concession operation at the Aquatic facility. (2) Recommendation to have the Board of County Commissioners recognize private contributions for the grand opening of Vineyards Community Park. D. UTILITIES E. ADMINISTRATIVE SERVICES (1) Recommend that the Board of County Commissioners Res. 95-239 approve a resolution and grant of utility easement to the Florida Power and Light Company for the installation of electrical services for the North Naples Fire Station located at the North Naples Emergency Service Complex on Vanderbilt Beach Road (Pelican Bay). (2) Recommendation that the Board approve staff's Vanderbilt Bay; Chris-Tel; selection of firms and award agreements for general Surety & Varian contractors services on an as needed basis. (RFP-2334). (3) Recommendation to approve a resolution authorizing Res. 95-240 expenditure of funds for March of Dimes Walk America activities. F. EMERGENCY SERVICES G. ENVIRONMENTAL SERVICES H. COUNTY MA/qAGER (1) Approve Certificate of Financial Responsibility as Prerequisite for FDEP Permit to Construct Deep Well Injection at the South County Regional Wastewater Treatment Plant. (2) Recommendation for approval to administratively Res. 95-241 adjust a certain non-ad valorem assessment for the Naples Production Park MSTU. (3) Recommendation to award a contract for Bid No. 95-2321, Landscape improvements in Phase II of the Lely Golf Estates Median Beautification project to Hannula Landscaping, Inc. in the amount of $13,768.97 (4) Recommendation to approve budget amendments recognizing carry forward for road projects in Funds 313,331,333,338, and 339. (5) Recommendation to award a contract for Bid No. 95-2322, Irrigation Improvements in Phase IV of the Lely Golf Estates Median Beautification project, to Aqua-fficient Porous Pipe, in the amount of $13,523.50. 8 March 28, 1995 (6) Recommendation that the Board of County Commissioners approve a purchase order for $44,766 for utility relocation work by Florida Power & Light Company for Airport-Pulling Road (CR31) CIE #039. (7) Recommendation to adopt a Resolution authorizing the Res. 95-242 acquisition of "Temporary Beach Restoration Easements" and "Temporary Beach Access Easements" by gift in support of the improvements necessary for the completion of the Collier County Beach Restoration Project and the Associated Management Plan. I. BOARD OF COUNTY COMMISSIONERS J. MISCELLANEOUS CORRESPONDENCE (1) 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. (2) Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of Lien for Services of the Public Defender for Case Nos. 90-576-CFA ($90.00) 91-941-IT ($337.50), 91-702-MI ($372.50) 90-3807-TM ($162.50), 90-1510-TM ($220 00), 92-1402-MI ($465 00) 94-1625-CFA ($50.00), 93-1609-MMA ($100.00) 94-7837-MMA ($25.00) 94-7295-MMA ($25 00), 94-496-CJA ($50 00) 88-406-CFA ($25.00), 94-6301-MMA ($37.50) 94-1139-CFA $62.50) 94-9005-MMA ($25 00), 94-6105-MMA ($75 00) 94-1535-CFA ($50.00), 94-3060-MMA ($25.00) 90-1258-CFA $25.00) 93-1377-CJA ($50 00), 94-1409-CJA ($25 00) 94-510-CJA ($25.00), 94-328-CJA ($50.00) 94-699-CJA $50.00) 92-5866-MMA ($25 00), 90-Te8-CF ($112 50) 94-1581-CFA ($50.00), 94-1633-CFA ($100.00) 94-8472-MMA $25.00) 93-1136-CJA ($37 50), 94-1124-CFA ($75 00) 94-9995-MMA ($25.00), 94-6969-MMA ($25.00), 91-1009-MI $12.50) 92-2544-MMA ($12 50), 92-2544-MMA ($25 00) 93-8528-MMA ($37.50), 93-1949-CFA ($25.00), 90-6~-CFA $137.50), 94-3512-MMA ($50.00), e9-21-CFA ($25.00) 91-2532-TM ($12.50), 92-6994-MMA ($12.50), 94-470-CFA $50.00), 94-5684-MMA ($50.00), 91-1176-CFA ($25.00) 94-220-MMA ($12.50), 93-1335-CFA ($75.00), 91-1807-TM $12.50), 94-6167-MMA ($50.00), 94-221-MMA ($25.00) 94-3808-MMA ($12.50), 94-401-CFA ($50.00), 93-1601-MI $12.50), 94-4947-MMA ($25.00), 93-9160-MMA ($12.50) 94-1173-CFA ($25.00), 93-7341-MMA ($25.00), 93-7341-MMA $25.00), 92-1836-CFA ($50.00), 94-2638-MMA ($25.00) ~4-1723-CJA ($25.00), 94-221-MMA ($25.00), 94-1330-MMA $12.50), 94-8531-MMA ($25.00). RECOMMEND APPROVAL. K. OTHER CONSTITUTIONAL OFFICERS 9 March 28, 1995 L. COUNTY ATTORNEY (1) Recommendation that the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve the form of a Special Assessment Agreement for properties located along U.S. 41 (S.R. 90) and Davis Blvd. (S.R. 84) that may be acquired by the Florida DOT for widening of said roadways. 17. ADJOURN 10 March 28, 1995