Recap 09/27/1994 R COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
Tuesday, September 27, 1994
9:00 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 ;%ND WILL BE HEAKD 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 MANAGER'S OFFICE
1. INVOCATION ]%ND'PLEDGE OF ALLEGIANCE
Z.~PROVAL OF AGENDA AND CONSENT AGEND~
Approval of consent agenda.
/~Approval of Clerk's Report.
APPROVAL OF MINUTES
PROCLAMATIONS AND SERVIC~ AWARDS
Proclamations
1. Law Enforcement Day. To be accepted by Assistant
State Attorney Jerry Brock.
2. True Heroes Day in Collier County.
Dr. Lee Bush, Vice President of the
Council.
To be accepted by
Juvenile Justice
Approved w/Changes 5/0
Approved w/Changes 5/0
No Action Taken
Adopted 5/0
Adopted 5/0
B.~ Service Awards
racillaGalvan
5 years
1
September 27, 1994
Courts and Related
Not Presented
A~PROVAL OF CLERK'S REPORT
AI TA~LATION OF CONTRACTS AND DOCUMENTS
B.I/~ ~ALYS/S OF CHANGES TO RESERVES FOR CONTINGENCIES
~/. General Fund (001)
/~. Community Development Fund (113)
I~/3~acilities Construction Fund (301)
BA's 94-639 and 94-674
Approved 5/0
?VBLI¢ pETITIONS
COr/NTyMANAGER,8 REPORT
A. COMMUNITY D~VELOPMENT
(1) Recommendation that the Board of County Commissioners
/gpprove a one time transfer of $2,127,100 from the
'~ /~ommunity Development Services Fund to the
~ /~ounty-wide General Fund to absolve the Collier
~ / Development and Building Industry from future debt
,-- ~/ service and rental obligations associated with the
~ constzn/ction of the Community Development Services
/ ~ building.
B. ITRANSPORTATION
~[)/.eport on the status and alternatives of wall
% / installation along Pine Ridge Road for the benefit of
t~be Forest Lakes/Turtle Lakes frontage.
~ Pine Ridge traffic situation.
/
Approved 5/0 - Staff directed
to evaluate a possible reduction
in fee schedules.
Staff directed to work with
property owners on landscape
buffer with donated materials
and work with Naplescape on
design; Provide cost estimate
to property owners re. wall. 5/0
Staff to expedite proposed curb
and median construction and to
post "No U-Turn" signs.
4/1 (Comm. Saunders opposed)
c. ~ PUBLIC SERVICES
ovED
Recommendation that the Board of County Commissioners
authorize the Parks and Recreation Department to
September 27, 1994
rsue a design contract to construct athletic
<k~f_acilities at certain middle school sites in Collier
'~ ~ounty.
Approved 5/0
D.]' UTILITIE~
ADD: ~
(I Stipulation for settlement and
Commonwealth Real Estate Group, Inc.
release with
Approved 3/1 (Commissioner
Matthews opposed and
Commissioner ¥01pe abstained)
E. ADMINISTRATIVE SERVICES
F. EMERGENCY SERVICES
G.',~ENVIRONMENTAL.SERVICES
CONTINUED TO
10/4/94 ~EETING
(1} Recommendation that the Board of County Commissioners
~ enter into negotiation with Waste Management, Inc. of
/I Collier County pursuant to RFP #94-2227 for landfill
/ operations and site optimization.
Continued to 10/4/94
H.! COUNTy MANAGER
CONTI~'ED TO
10/4/9~ MEETING
Discussion regarding the Contractors' Licensing and
Code Enforcement Boards. (Continued from 9/20
meeting) .
Continued to 10/4/94
COUNTY ATTORNEY'S REPORT
'~A. Board consideration of proposed Agreement between the
~ ~oard of Trustees of the Internal Improvement Trust Fund,
~he Florida Department of Environmental Protection, and
~/Collier County, regarding conveyance of the Marco Island
~ Airport to the County in exchange for conveyance by
/ ~Collier County of 1,920 acres of land within the
/ ~akahatchee Strand State Preserve; also specifying
~ %bligations regarding Janes Scenic Drive.
Concept of Agreement approved
w/changes and staff to bring
back in one week. 4/1
(Commissioner Matthews opposed)
Sta~I to prepare necessary ad-
vertisement for public hearing
for vacation of Janes Scenic
Drive Adopted 4/1 (Com~sr.
Matthews opposed).
~ mm OF C0~NT¥ COMM!SSIONEaS
3
September 27, 1994
}p/intment of members
to the Collier
County Health
By ~pointment
of members
C. ~ntment of members to the
~/~rict Advisory Committee.
to the Affordable Housing
Isle of Capri Fire Control
Res. 94-699 Adopted 3/0 (Commsrs
Matthews & Volpe out) Agnelli,
Klaas & Cox appt., Polkowski
reappt.
Res. 94-700 Adopted 5/0
Horton, Thomas & Merril appt.
Res. 94-701 Adopted 5/0
Crisouli, Esch, Brown , Huegel
appt. to fulfil vacant term plus
2 yr. term
D~x A~ointment of members to the
lfication Advisory Committee.
Lely Golf Estates
~. ~pointment of members
~/ ~ervation Board.
to the Historical/Archaeological
'F?. ~"~~p~ntment of member to the Homeless Advisory Committee.
Res. 94-702 Adopted 5/0
Weyers reappt., Le Pain appt.
Res. 94-703 Adopted 5/0
Chenery, Driapsa & Young appt.
Res. 94-704 Adopted 5/0
Cooledge appt.
OTHER CONSTITUTIONAL OFFICERS
{OVED FROM
.6(K) (3)
A. Recommendation that the Board of County Commissioners
exercise the option to review that certain lease
ag~eement dated January 25, 1994, between James R. Noe
aN Collier County to continue the operation of a
~.~intenance garage and fueling facility utilized by the
~eriff's office or direct staff to amend the current
/f~ase agreement to provide for an option for early
'/ temmination.
\
Staff recommendation
Approved 5/0
PUBLIC COMMENT ON GENERAL TOPICS
4
September 27, 1994
'..~il Manhardt - Subdivision Plat
LUNCH RECESS 12:00 NOON - 1:00 P.M.
PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS
Concept approved,.Staff to
prepare agenda item
12. ADVERTISED PUBLIC HEARINGS - BCC
A. COMPREHENSIVE PLAN AMENDMENTS
(1t Review and approval of the 1994 Growth Management
I Plan Amendments and Capital Improvement Element
~ Update and Amendment for transmittal to the
· ~ Department of Community Affairs. (Continued to the
~/ meeting of 10/11/94 to allow additional public notice
~ of staff's recommendation to restore Vanderbilt Beach
~ ~Road CIE Project #42 to the Capital Improvement
Element.)
Contined to 10/11/94
ZONING AMENDMENTS
_. OTHE~
(1) Petition CCSL-94-13, Dorothea P. Zysko of Wilson,
Miller, Barton and Peek, Inc., representing NB Hotel
Limited (La Playa Beach and Racquet Inn) requesting a
variance from the Coastal Construction Setback Line
(CCSL) to allow construction of a swimming pool,
associated terrace, and cabana and to add parking at
the southern property line at La Playa Beach and
Racquet Inn, Lots 25-30 inclusive, Block A, and Lots
24-28 inclusive, Block B, Conher's Vanderbilt Beach
Estates, Unit 1, Sec. 29, T48S, R25E.
Res. 94-705 Adopted 5/0
Petition HD-94-1, Lillian R. Wooten and Gene Wooten
requesting to have the Board of County Commissioners
officially designate the Ochopee Post Office as
historically significant for property located on the
south side of U.S. 41 and approximately 1,000 feet
east of Caldwell Road in Sec. 34, T52S, R30E.
Res. 94-706 Adopted 5/0
Staff directed to help in
procuring funds for ceremonies
(3)/~eecommendation that the Board of County Commissioners
ap~prove a rate resolution to modify the residential
solid waste special assessment and commercial waste
September 27, 1994
Res.
94-707 Adopted 5/0
collection fees.
(4) Petition AV 94-017, John Genevrino as agent for
owner, U.S. Capital Development, Inc. requesting
v~cation of a portion of a seven and one half foot
~rainage easement located on a portion of Lot 46, on
/the plat of Maplewood Unit One, as recorded in Plat
/ Book 23, Pages 1-2, of the Public Records of Collier
~/ County, Florida.
An ordinance establishing
Water-Sewer District Authority.
the Collier County
Res. 94-708 Adotped 4/1 (Comm.
Matthews opposed) w/chg.
No Action
) An Ordinance amending the Collier County Ordinance
No. 93-72, the Collier County Administrator
Ordinance.
No Action
13. BOARD OF ZONING APPEALS
A. ADVERTISED PUBLIC HEARINGS
) A resolution amending Resolution 94-533 for a Sewage
Treatment Plant Conditional Use in the RSF-3 Zoning
District for property hereinafter described in
Collier County, Florida, to correct a scrivener's
error in Stipulation Number 5 regarding the
utilization of scrubbers for odor control.
Tabled to October 4, 1994
Meeting 5/0
(2) Pgtition V-94-13, Richard P. Henderlong representing
~einhold & Erika Schmieding requesting a twenty (20)
/foot variance from the required side yard setback of
/ thirty (30) feet and a twenty (20) foot variance from
~ the required front yard setback of fifty (50) feet
for property located at 163 Eugenia Drive, further
described as Lot 4, Block L, Pine Ridge Extension.
Res. 94-709 Adopted 4/1
(Comm. Norris Opposed)
with elimination of light
stipulation
~(3)~tition cu-94-7, David S. Wilkison representing
/James P. Lennane requesting Conditional Use 5 of the
~ RSF-5 Zoning District to allow for cjuster housing
for property located on the southwest corner of
6
September 27, 1994
Res.
94-710 Adopted 5/0
Thomasson Drive and Bayshore Drive in Sec. 23, T50S,
R25E.
(4) P~ition CU-94-12, Terrance C. Kepple of Bruce Green
a~d Associates, Inc., representing St. Monica's
~piscopal Church, requesting Conditional Use 1 of the
/Estates (E) Zoning District for churches and other
/places of worship for the property located on the
~ / south side of Immokalee Road, approximately ½ mile
~/ east of Oaks Boulevard, in Sec. 29, T48S, R26E,
~ consisting of 5 acres.
Res. 94-711 Adopted 5/0
(5) petition v-94-12, Timothy L. Clemons of the Collier
:County Water-Sewer district, requesting a 5.4 foot
variance from the required 30 foot side yard setback
to 24.6 feet and a 12.1 foot variance from the
required 50 foot rear setback to 37.9 feet for
property located on Lot 25 in Sec. 20, T50S, R26E.
(6)~tition CU-94-8, Arthur C. Quinnell requesting a
/Conditional Use 4 of the C-4 Zoning District for boat
/ dealers (new and used) for property located on the
north side of Tamiami Trial (U.S. 41) in Sec. 11,
T50S, R25E, consisting of 1.04± acres.
Res. 94-712 Adopted 5/0
Res. 94-713 Adopted 5/0
B. OTHER
£4. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS
A. F'/shermen's association regarding a resolution passed by
co County. (Commissioner Matthews).
~ /pdate
on the Glades utilities.
Resolution to be considered
at October 25, 1994 Meeting
County to file appeal after
Order is signed by Court.
Staff pursuing alternate sites.
.5. 8TAFF'S COMMUNICATIONS
7
September 27, 1994
16.
All matters listed under this item are considered to be
routine and action will be taken by one motion without
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
separately.
Approved and/or Adopted
w/Changes 5/0
A. COMMUNITY DEVELOPMENT
~'~x~.(1/Recommendation to
/ ~/ roadway, drainage,
~ ~ Old Groves Road.
Water facilities
Loblolly Bend.
grant final acceptance of the
water and sewer improvements for
acceptance for Marquesa a/k/a
Res. 94-696
W/Stipulations
-/(3 mmendation to grant final acceptance of the
~ /roadway, drainage, water and sewer improvements for
~// the final plats of "Quail West Unit One, Blocks D, E
and F".
Res. 94-697
~4) ~commendat ion to approve Lien Resolution for
/ ~/ Compliance Services Case No. 20714-082; owner of
i/ record - Petrue P. Lap.
~/(5)/Re. commendation to approve the final plat of "Falcon
/ %/
Res. 94-698
W/Stipulations
B. ,~TRANSPORTATION
Report of expenditures and revenues within MSTD Fund
102 as applicable to the public petition of MITA on
August 16, 1994.
(2) Recommendation to award a contract for Bid No.
94-2272, Median and Selected Public Area Grounds
Maintenance for the Lely Golf Estates Beautification
M.S.T.U. to Rae's Greenscapes, Inc. in an annual
8
September 27, 1994
amount of $20,558.58.
C. ~UB~IC SERVICES
State Library of Florida.
MO~ED TO
8(~(1) (2) Recommendation that the Board of County Commissioners
\ authorize the Parks and Recreation Department to
k /pursue a design contract to construct athletic
~/ facilities at certain middle school sites in Collier
/County.
Moved to Item #8C1
(3) Reco/mmendation that the Board of County Commissioners
a~rove and accept a special Warranty Deed and Bill
/6f Sale by and between WCN Communities, Inc. and
/Collier County conveying the property and
~/ improvements known as Pelican Bay Community Park.
UTILITIES
1) Approval of a Budget Amendment for the South county
Regional Wastewater Treatment Facility
In the amount of $90,000
2) Approval of Budget
Water-Sewer District
Amendment for the Marco
In the amount of $49,000
/~3) A]~proval of Amendment No. 2 to the Agreement for
/Delivery and Use of Treated Wastewater Effluent for
~)~/ Spray Irrigation with Windstar Club, Inc.
~4) Recommendation to Award Bid #94-2257 for On-Call
Emergency Electrical Repairs
In the estimated amount of
$50,000
(5)/~ecommendation to Approve and Execute the Notice of
/Promise to Pay and Agreement to Extend Payment of
/%/ Sewer Impact Fees for Alethea Yacht Charters, Inc., a
~,~Delaware Corporation
In the amount of $6,700
9
September 27, 1994
(6?) ~ecommendation to Approve and Execute the
isfactions of Claim of Liens for Rak Enterprises
In the amount of $3,920
(7) Recommendation to Approve and Execute the
Satisfactions of Notice of Promise to Pay and
%greement to Extend Payment of Water and/or Sewer
~mpact Fees for ADG Development Group, Paul Ankrom
/and Francis Fox, Carlos and Veronica Arreaga, Maria
/ Bendure, James and Margaret Carpenter, Raymond F.
/ Erickson, Jordan and Patricia Johnson, William
\f McDaniel, Jr. and Sr., Robert and Veda McKellar,
~ Richard and Bobbi Mitchell, Lisbeth and Evander
Moore, William and Norma Patterson, Jon and Kim Ray,
Rudy and Paula Salvi, Marie H. Smallwood, Wesley and
Erma Smith, Carlton and Barbara Temby, Arthur and
Virginia Woody, Charlie Wyche, James and Susan Grace,
and Gary T. Seckler
~9)~ecommendation to approve and execute the Claims of
Lien for the Enforcement of the Notice to Connect to
Collier county Sewer Facilities and Notice of Impact
~e Statement for the East and South Naples Sanitary
Sewer Project
Revised total loan amount
$14,292,640.63/$1,060,598.53
annually
Authorization for Budget Amendment to
account for refunds of prior year revenue
properly
In the amounts of $30,000 and
$100,000
E. ADMINISTRATIVE SERVICES
) Recommendation to have the Board award Bid #94-2270
to Environmental Care, Inc. for grounds maintenance
services at the main government center.
In the amount of $103,296
~ 2,$ R~ommendation to approve and execute a Second
~ ~endment to Agreement and a Third Amendment to
/ ~/Agreement providing for an extension to complete the
VSheriff's Office Multipurpose Training Facility.
3) ~ecommendation to award Bid No. 94-2214, Annual
% /Agreements for Title Commitments.
10
September 27, 1994
In the approximate amount of
$107,000
Four annual agreements.
/~. EMERGENCY SERVICES
(1) ~ecommendation that the Board of County Commissioners
~ ~pprove two Tower Lease Agreements between Palmer
~ ~/ /Communications, Inc., Radio Station WNOG and Collier
~/ / County for the continued use of a radio tower located
~,~ at Whitaker Road, East Naples.
In the amounts of $3,600 and
$3,300 annual rents
G. ENVIRONMENTAL SERVICES
~/1) Recommendation to approve Change Order No. 3 to the
original agreement with Law Environmental, Inc. for
engineering/environmental work in Water Management
District No. 6 (Lely and Lely Manor Basins).
/(2/Approval of a contract renewal with the Florida
Department of Environmental Protection (FDEP) to
~ntinue to perform petroleum storage facility
assessments within the County.
In the amount of $2,089.43;
total contract amount
$199,546.43
Funding not to exceed $130,036
COUNTY MANAGER
(1) Approval of Change Order No. 5 (Final) to the
construction contract with Stevens & Layton, Inc. for
the East Golden Gate Wellfield Expansion Contract 2
project and authorizing project manager to execute
said change order. (Continued from 9/20 meeting).
In the amount of $59,551.90;
total contract amount
$2,473,962.90
(2)/Recommendation to approve and authorize a
supplemental agreement with Kimley-Horn and
Associates, Inc. for final design services for Golden
Gate Parkway six laning improvements (Jct
Goodlette-Frank Road to Jct. C.R. 31), County CI~
Project No. 005.
In the amount of $7,050;
total contract amount
$423,737.68
Recommend that the Board of County Commissioners
approve award of construction contract (Bid 94-2274)
for Aaron Lutz Park Improvements.
To Better Roads in the amount
of $78,433
~OARD OF CQUNTY COMMISSIONERS
J.~ISCELLANEOUS CORRESPONDENCE
./~?~SatisfactioD of Lien: NEED MOTION authorizing the
Chairman to sign Satisfaction of Lien for Services of
the Public Defender for Case Nos. 94-6075-MMA
($25.00), 94-5118-M]4A ($62.50), 93-2050-MMA ($12.50),
93-1157-CJA ($50.00). RECOMMEND APPROVAL.
11
September 27, 1994
K. OTHER ~ONSTITUTIONAL OFFICERS
(1)/~,e~commendation 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,
Florida.
(2) Recommendation that the Board of County Commissioners
approve a budget amendment transferring funds within
the Sheriff's budget.
MOVED TO
11(a)
(3) Recommendation that the Board of County Commissioners
exercise the option to review that certain lease
~~ agreement dated January 25, 1994, between James R.
Noe and Collier County to continue the operation of a
maintenance garage and fueling facility utilized by
the Sheriff's Office or direct staff to amend the
current lease agreement to provide for an option for
early termination.
In the amount of $329,000
Moved to Item #11A
~. COUNTY ATTO~E¥
17. ADJOURN
12
September 27, 1994