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Recap 07/18/1995 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, July 18, 1995 9:00 a.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON A_MY 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 GRAi~TED 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 w/changes 5/0 A. Approval of consent agenda. Approved w/changes 5/0 3. APPROVAL OF MINUTES Approved as presented 5/0 June 1, 1995 Tri-County joint workshop. June 6, 1995 Regular meeting. June 13, 1995 - Regular meeting. June 14, 1995 - Budget meeting. June 19, 1995 - Budget meeting. June 20, 1995 - Regular meeting. June 21, '995 - Budget meeting. 4. PROCLAMATIONS AND SERVICE AWARDS A. Proclamations (1) Civil Air Patrol recognition for continuous Adopted 5/0 1 July 18, 1995 outstandin9 service to Collier County. To be accepted by Lt. Col. Fritz Schaller, Commanding Officer of the Marco Island Senior Squadron. B. Service Awards Presented Ron D. Jamro Museum 15 years Not Presented Lloyd R. Gift Road & Bridge 10 years Francis P. Millot EMS 10 years Not Presented Timothy W. Pettay Parks & Recreation 10 years David C. Weeks Planning Services 10 years Virginia L. Pack Code Enforcement 5 years Ronald B. Nickerson Wastewater S. 5 years Not Presented Pauline M. Stringer Utilities 5 years James H. Seabasty Probation 5 years Not Presented Glenda Smith Project Plan Review 5 years John A. DiMartino Bldg. Review a Permitting 5 years Not Presented C. Presentations (1) Recommendation to recognize Jack Hightower, Recognized Environmental Services Division, as Employee of The Month for July, 1995. (2) Recommendation to recognize Kim Bell, Portfolio Recognized Photography, Supplied the Cover Photo for the Comprehensive Annual Financial Report, year ended September 30, 1994. Added: (3) Turkey necktie presented to County Manager Dorrill. Presented 5. APPROVAL OF BUDGET AMENDMENTS A. Approval of Budget Amendments BA 95-384 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 A. George E. Watson, regarding powerline easements. Staff to meet w/FPL representatives and report back in two weeks. B. Mr. Courthey Eagleston regarding Ordinance 92-61. Staff to work with Mr. Eagleston 2 JulV 18, 1995 8. COUNTY MANAGER'S REPORT A. COMMUNITY DEVELOPMENT (1) Recommendation that the Board of County Commissioners Approved 5/0 authorize staff to draft and advertise an amendment to Ordinance No. 95-20, the Collier County Structural/Building and Hurricane Code Ordinance, and a future hearing date is requested. B. TRANSPORTATION (1} Recommendation to approve a Road Impact Fee Credit Approved 5/0 Agreement with the developers of Huntington PUD in accordance with Ordinance 92-22, as amended, and consistent with prior Board action. Addedz (2) Budget Amendment to reallocate funding for the Approved 5/0 Immokalee four-laning project. C. PUBLIC SERVICES D. UTILITIES (1) Approval of Department of Environmental Protection Approved 5/0 Consent Order E. ADMINISTRATIVE SERVICES Moved from Item #16E1 (1) Recommendation to obtain Board authorization to add a Approved 5/0 position to the 1995 Budget. F. EMERGENCY SERVICES Added~ (1) Consideration of action re closure of Alligator Alley County Attorney's office Crossroads. to draft letter to the Federal Hwy. Admin. voicing support of maintaining the existing crossover and to be brought back within 60 days. 5/0 G. ENVIRONMENTAL SERVICES (1} Receive authorization to proceed with the development Decline to proceed with of the Ten Thousand Islands Natural Resources Protection all NRPA's, item to be Area (NRPA). brought back after E.A.R. 5/0 3 July 18, 1995 H. COUNTY MANAGER (1) Recommendation to place the Weekly Budget Amendment Approved 3/0 Report on the Consent Agenda. (Commissioners Hancock & Mac'Kie absent) (2) Recommend that the Board approve the short list and Continued two weeks and authorize staff to negotiate with the top ranked firm for County Attorney to look final design of the Gordon River Bridge project. into ramifications 5/0 (3) Approve professional services agreement with Camp, Approved ~ 5/0 Dresser, & McKee for Engineering Services related to the Water Master Plan Update (RFP 95-2319). (4) Resolution approving, confirming and ratifying the Res. 95-394 Adopted 5/0 County Administrator's actions relating to the determination of the terms of the Series 1995 Road Improvement Refunding Revenue Bonds, not exceeding $6,000,000. 9. COUNTY ATTORNEY'S REPORT (A) Resolution urging the prohibition of off shore drilling Res. 95-395 - Adopted 5/0 in the coastal waters of Collier County and supporting House of Representatives' Bills, H.R. 72 and H.R. 73 which provide for a 10 year moratorium on all outer continental shelf leasing and drilling off the coastal waters of Florida. (B) Recommendation that the Collier County Board of Approved 5/0 Commissioners approve a settlement in the case of Jean Dehmer and Donald E. Dehmer vs. Collier County, and East Naples Fire Control and Rescue District, Case No. 92-4237-CA-01-CTC. 10. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Black Affairs Advisory Res. 95-396 appointing Board. Henry Tribble - Adopted 5/0 B. Reappointment of member to the Port Authority Special Res. 95-397 reappointing Management Committee. Commissioner Constantine Adopted 5/0 11. OTHER CONSTITUTIONAL OFFICERS PUBLIC COMMENT ON GENERAL TOPICS LUNCH RECESS 12~00 - 1~00 P.M. PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 4 July 18, 1995 12. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS C. OTHER (1) An Ordinance amending Ordinance No. 86.37 which Ord. 95-44 Adopted 4/1 created the Naples Park Area Drainage Improvement (Commsr. Constantine Municipal Service Taxing and Benefit Unit, by revising opposed). the purpose of the District, providing for definitions, providing the procedures for the levy and collection of the special assessments; providing for the financing of the total project costs, providing for the issuance of bonds, providing the remedies of bondholders. 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS (1) Petition 0SP-95-1, Anthony P. Pires, Jr., of Res. 95-398 Adopted Woodward, Pires, Anderson & Lombardo, P.A., representing subject to staff Marco Associates, L.C., requesting approval of 17 stipulations and off-site parking spaces on Lot 18 in support of the Marco additional conditions 4/1 Island Executive Building located on Lot 19. The subject (Commsr. Norris opposed) property is located on Marco Island at the southeast intersection of North Collier Boulevard (S.R. 951) and Saturn Court and further described as Lot 18, Block 223, Unit 6, Sec. 18, T52S, R26E. (2) Petition A-95-3, John D. Humphreville of Quarles & Appeal Denied 4/1 Brady representing Mr. and Mrs. William Gibson requesting (Commissioner Mac'Kie an Administrative Appeal of the Planning errice opposed) Director's Administrative Interpretation 1-94-4 regarding the required building setbacks for beachfront properties within the Hideaway Beach PUD for property described as Lot 14, Block 1, Hideaway Beach, Marco Island, Florida. (Continued from the meeting of 6/13/95) B. OTHER (1) Petition CU-92-6, Craig J. Pajer of Hole, Montes & Res. 95-399 Adopted 5/0 Associates representing Faith Lutheran Church of Naples, Florida, Inc., requesting an extension of a Conditional Use for accessory uses and structures to an existing church facility that has previously received Conditional Use {formerly known as Provisional Use) approval, for property located within the northeast quadrant of Goodlette-Frank Road and Solana Road in Sec. 15, T49S, R25E, consisting of 8.01 acres. July 18, 1995 (2) Petition CU-94-5, Nino J. Spagna of Florida Urban To be brought back on Institute, Inc., representing Bethel A.M.E. Church of 7/25/95 4/0 (Commsr. Naples, Florida, Inc., requesting an extension of a Constantine out) Conditional Use "1" in the "E" Estates Zoning District to allow the expansion of an existing church facility that has previously received Conditional Use (formerly known as Provisional Use) approval for property located on the north side of Golden Gate Parkway and 100 feet west of 6th Street S.W. in Sec. 30, T49S, R26E, consisting of 2.16 acres. 14. BOARD OF COUNTY COMMISSIONERS' COMMIINICATIONS 15. STAFF'S COMMUNICATIONS 16. CONSENT AGENDA 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 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 separately. A. COMMUNITY DEVELOPMENT (1) Recommendation to accept a replacement maintenance Letter of credit security for the infrastructure within "Heers Subdivision". (2) Recommendation to grant final acceptance of the Res. 95-386 roadway and drainage improvements for the final plat of "Collins Subdivision". (3) Recommendation to grant final acceptance of the Res. 95-387 roadway, drainage, water and sewer improvements for the final plat of "Spinnaker Pointe at Windstar" (4) Recommendation to approve for recording the final plat of "The Shops at Eagle Creek, Unit One" (5) Recommendation to approve for recording the final plat of "Airport Road Plaza". (6) Recommendation to grant final acceptance of the Res. 95-388 roadway, drainage, water and sewer improvements for the final plat of "Lely Resort, Phase Six". (7) Recommendation that the Collier County Commission authorize satisfactions of lien for the following: 6 July 18, 1995 (a) Resolution 92-36; Fernand Lessard and Pauline Lessard, Lot 1, Block 63, Marco Beach, Unit 2. (b) Resolution 91-318; Soraya Gonzales, Golden Gate Unit 4, Block 145, Lot 6. (c) Resolution 95-314; Juan and Aria Vazquez, Golden Gate Unit 5, Block 161, Lot 4o (d) Resolution 95-120; Steven Bray - Willow West, Lot 40. (e) Resolution 95-86; George and Karen Seibert - Marco Beach, Unit 6, Block 226, Lot 5. (f) Resolution 95-93; Ronald and Rose Wallin - Connors Vanderbilt Beach Estates, Lot 22, Block D, Unit 1. (g) Resolution 95-87; John and Elizabeth Boyle - Naples Villas, Block E, Lots 17, 18, 19, 20. (h) Resolution 95-166; Edna Mitchell Marco Beach, Unit 13, Block 417, Lot 14. (i) Resolution 95-125; Ronald and Rose Marie Wallin - Connors Vanderbilt Beach, Lot 23, Block D, Unit #1. (j) Resolution 94-450; Keith and Barbara McCain - Port-Au-Prince, Lot 97. B. TPJUqSPORTATION (1) Report to the Board on Collier County Schools traffic conditions, along school routes, analysis of existing conditions and recommendations for improvements at school zones on County roadways. (2) Request the Board review request for Road Impact Fee Credits for Casa Del Vida (a.k.a. Parson's Green) and authorize the Chairman to sign Road Impact Fee Agreement. (3) Recommendation to approve an Interagency Agreement between Collier County and the State of Florida Department of Corrections for continued use of inmate labor in road maintenance activities. C. PUBLIC SERVICES (1) Recommendation that the Board of County Commissioners approve and sign the continuation contract for group respite care with the Care Club of Collier County, Inc. 7 JulV 18, 1995 D. UTILITIES Deleteda (1} Hardship Assistance Program Assessment Deferral for Deleted 1995 (2) Enforcement of the Notice to Connect to Collier County Water and/or Sewer Facilities and Notice of Impact Fee Statement Pine Ridge Industrial Park MSTU and Naples Production Park MSTU (3) Recommendation to approve and execute the Subordination Agreement for James and Brenda Houser (4) Recommendation to approve and execute the Satisfactions of Notice of Promise to Pay and Agreement to Extend Payment of Sewer Impact Fees for Barbara Wicks Ballard, Diana B. Club, James Edwards, Fryer Chuck Inc., Traci F. Hernandez, Clyde and Lorine Sullen, Terry and Nadene Ticknor, Abbie Wasserman Trustee, and John and Melanie Wilson (5) Recommendation to Approve and Execute the Satisfaction of Claim of Liens for Tracy and Daisy Detweiler, Calvin and Kimberly Kelchner, and and Rick Love (6) Recommendation to Approve and Execute the Corrected Satisfaction of Notice of Promise to Pay and Agreement to Extend Payment of Sewer Impact Fees for Peter E. Prue, Sro (7) Recommendation to Approve and Execute the Satisfactions of Notice of Promise to Pay and Agreement to Extend Payment of Sewer Impact Fees for Jerome J. Clausen, Charles and Abbie Griffith, Christopher Neal, and Robert and Eleanor Nickerson and Dorothy Dalton E. ADMINISTRATIVE SERVICES Moved to Item #8E1 (1) Recommendation to obtain Board authorization to add a Moved to Item #BE1 position to the 1995 budget. F. EMERGENCY SERVICES G. ENVIRONMENTAL SERVICES H. COUNTY MANAGER (1) Recommendation that the Board of County Commissioners Competitive bid process waive the competitive bidding process and authorize staff waived; staff to negotiate to negotiate a contract to be brought back to the Board a contract w/The Mainline 8 July 18, 1995 for the purchase of an integrated special assessment Corporation management software and hardware package from the Mainline Corporation for the solid waste collection and disposal special assessment. Deleted: (2) Recommendation to approve legal fees related to Deleted litigation over construction of the North County Regional Water Treatment Plant. (Continued to July 25th.) (3) Recommendation to authorize reimbursement to the In the estimated amt. of Chairman of the Marco Island Beach Renourishment Advisory $574.00 Committee for expenses to be incurred during attendance at the 40th annual meeting of the Florida Shore and Beach Preservation Association to be held September 6-8, 1995, in Palm Beach, Florida. (4) Recommendation that the Board of County Commissioners approve change order number one in the amount of $41,478.00 for Contract No. 95-2347 (Project 1-94-1 & 1-94-2) to the American Underground Utilities, Inc. contract for the Immokalee Regional Airport Industrial Park Entrance Road & Utilities Construction Project. (5) Recommendation to approve utility easement with Immokalee Water & Sewer District for water line at the Immokalee Regional Airport. (6) Recommendation that the Board of County Commissioners approve Certificates of Correction to the 1994 and 1995 Solid Waste Collection Special Assessment Rolls, authorize the Chairman to sign the Certificates on behalf of the Board of County Commissioners, and authorize refunds as appropriate. (7) Recommendation to approve Supplemental Agreement No. In a lump sum fee not to 4 to the Consulting Landscape Architect Services exceed $3,500.00 Agreement with McGee & Associates, Inc., to provide additional services relative to obtaining permits for construction of improvements in Phase Two of the Immokalee Median Beautification Project. (8) Recommendation to award Bid #95-2364 to Better Roads, Continued to 7/25/95 Inc. for the Construction of the Third Parking Lot at the Barefoot Beach Preserve Park. (Continued to July 25, 1995) (9) The following items were approved during the Board's absence by the County Manager as authorized: A. Recommendation that the Board of County Commissioners approve two tower use agreements previously submitted between the State of Florida Department of Transportation and Collier County as part of the 800 MHz radio system. 9 July 18, 1995 B. Recommendation to the Board of County Commissioners to sign the acceptance document for the $450,000.00 COPS AHEA/D Grant #95CCWXO265 and approve the related budget amendment. C. Recommendation to approve legal fees related to litigation over construction of the North County Regional Water Treatment Plant. D. Recommendation that the Board approve a work order In the estimated amt. of with Wilkison & Associates, Inc., under the current $9,860.00 annual professional services agreement for engineering/surveying services. E. A resolution relating to the State Housing Res. 95-389 Initiatives Partnership (SHIP) Program amending the local housing assistance plan for Fiscal Years 1995-96, 1996-97, and 1997-98. F. Recommendation to cancel current taxes upon land Res. 95-390 acquired for public use on a portion of property known as Berkshire Lakes PUD containing approximately 1.043 acres of land, more or less. G. Recommendation to approve Change Order No. 2 for In the amt. of $5,497.00 construction of the Courthouse security wall contract #95-2344. H. Recommendation to establish a budget for expenditures Funds to be appropriated relating to accessibility issues. within Fund 190 I. Recommendation to declare property as surplus and authorize a sale of all surplus County-owned property. J. Recommendation to waive tipping fees for client of the County's aging program for special clean-up. K. Recommendation to enter into a consent order agreement with the Florida Department of Environmental Protection. L. Recommendation that the Chairman sign the amendments to the agreement between McGinley Maintenance, Inc. and Collier County to pay the contractor 100% of the revenue from recycled material collected at Collier County Government buildings. M. Recommendation that the Board adopt resolutions to Res. 95-391 and enter into two Urban and Community Forestry Grant Res. 95-392 Memoranda of Agreement between Collier County and the Florida Department of Agriculture and Consumer Services. N. Recommendation to enter into a contract between 10 July 18, 1995 United Telephone Company of Florida d/b/a Sprint United Telephone of Florida and the Board of County Commissioners. O. Request Board to authorize the Chairman to sign the Emergency Management Preparedness and Assistance Trust Fund Grant application. P. Approval of budget amendments. BA-95-376 Q. Recommendation to award contract to Guymann Construction of Florida, Inc. in the amount of $168,679.00 to construct the Collier County Juvenile Drill Academy Sanitary Sewer Improvements Project (Bid 95-2382). R. Approval of budget amendments. BA's 95-353; 364 & 367 S. Recommendation to approve and execute an agreement for purposes of providing a maximum expenditure of $50,000 from the GAC Land Trust for the design and engineering of an Emergency Medical Services substation to be constructed on County-owned property located within North Golden Gate. T. Recommendation for the Board to award Bid #95-2379 to In the amt. of $20,398.00 Carter Fence Co. for the construction of a scrub fence on the Westclox parcel, located in Immokalee, Florida. U. Recommendation for approval of Work Order WA-3S with Wilkison and Associates, Inc., in the amount of $10,500.00 to perform land surveying of five parcels in Sections 30 and 31, Township 50 South, Range 27 East, Sabal Palm Road area, for the Master Mitigation Land purchase. V. Recommendation that the Board approve and execute an access easement agreement to purchase an access easement from Robert H. Jaeger and Richard L. Jaeger for $3,550 on land situated in Section 29, Township 50 South, Range 27 East. W. Approval of Budget Amendment. BA's. 95-383 and 389 X. Recommendation to approve a budget amendment from In the amt. of $33,000.00 Facilities Construction Fund 301 Reserves for Information Technology Department Operation Budget. Y. Request that the Board approve a budget amendment In the amt. of $27,200.00 transferring funds into the Community Development Services Administration budget. Z. Recommendation that the Board authorize a 75% Res. 95-393 deferral of road, library system, parks and recreational 11 July 18, 1995 facilities, emergency medical services system, and educational facilities system impact fees for a house to be built by Jose A. Borjas and Maria Luisa Borjas, in Golden Gate, Collier County, Florida, said impact fees to be paid from Affordable Housing Trust Fund 191. AA. Recommendation to purchase three 1995 S-10 pick-up trucks as a lease purchase with Lease Resources, Inc. 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. 94-1098-MMA ($100.00), 94-63-MMA ($150.00), 93-1015-CFA ($50 00), 94-307-CFA ($50.00) 93-7384-MMA ($220.00) , 86-321-IT $12.50) , 94-523-CFA ($100.00), 93-8463-MMA ($12 50), 92-4278-MmA ($25.00) 92-688-CFA ($100.00), 92-425-MI $25.00) 94-593-CFA ($50.00), 94-3548-MMA ($50 00), 93-4997-MMA ($12.50) 93-1294-MI ($25.00), 94-975-CFA $62.50) 93-1761-CFA ($50.00), 93-1128-CFA ($25 00), 93-6681-MMA ($25.00) 86-212-CJA ($75.00), 93-154-CFA $25.00) 92-1395-CJA ($37.50), 93-1069-CJA ($75 00), 93-1701-CJA ($75.00) 93-1583-CJA ($25.00), 93-1606-CJA $25 00) 93-1210-CJA ($25.00), 94-184-CJA ($50 00), 93-1445-CJA ($38.50) 93-1281-CJA ($12.00), 94-723-CJA $67 50) 94-606-CJA ($25.00), 81-2674-TM ($50 00) 95-315-CFA ($50.00) 94-63-MMA ($50.00), 95-1427-MMA ($25 00) 93-595-CFB ($25.00), 95-688-MMA ($25.00) 94-83-MMA ($50,00) 92-373-TM ($75.00), 91-2737-TM ($12 50) 91-1478-CFA ($100.00), 91-1478-CFA ($50.00) 91-1478-CFA ($25.00) 91-1478-CFA ($25.00), 94-11217-MMA ($25 00) 93-1152-CFA ($100.00), 93-1954-CFA ($75.00) 91-1684-CFA ($38.50) 92-95-MMA ($12.50), 92-941-CFA ($75 00) 94-1066-CFA ($75.00), 94-4239-MMA ($50.00) 94-601-CFA ($65.00), 94-7646-MMA ($25.00), 93-8699-MMA ($25.00) 94-273-CJA ($50.00), 94-236-CJA ($50.00) 95-242-CFA ($50.00), 94-8652-MMA ($25.00), 94-3666-MMA ($25.00) 94-1218-CJA ($75.00), 89-1209-CF ($375.00), 94-9745-MM/ ($150.00), 92-1553-CFA ($125.00), 92-1141-CFA ($75.00) 93-1235-CFA ($75.00),. RECOMMEND APPROVAL. K. OTHER CONSTITUTIONAL OFFICERS (1) Recommendation that the Board of County Commissioners approve a budget amendment in the amount of $428,500 transferring funds from Reserves to Redemption of Long 12 JulV 18, 1995 Term Debt. (2) Recommendation that the Board of County Commissioners authorize its Chairman to execute Satisfaction of Lien documents and direct the Clerk of Courts to record same in the Public Records of Collier County. (3) Request that the Board of County Commissioners recognize and approve a five dollar increase in the cost of standard County probation supervision. L. COUNTY ATTORNEY (1) Contract with East Naples Civic Association for $30,000 Tourist Development Revenue. 17. ADJOURN 13 JulV 18, 1995