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Recap 05/25/1993 RNOTICE: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, May 25, 1993 9:00 a.m. 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. INVOCATION: TO be given by Father Joseph A. Spinelli of St. Elizabeth Seton Catholic Church of Golden Gate. PLEDGE OF ALLEGIANCE APPROVAL QF AGENDAAND CONSENT AGENDA A. Approval of consent agenda· APPROVAL OF MINUTES April 27, 1993 - Regular meeting. A' PROCLAMATIONS, SERVICE AWARDS AND pRESENTATIONS · Jean M. Egan 5 years Purchasing Department Carol A. Somers 5 years Library Proclamation designating May 31-June 5, 1993, RESPECT FOR LAW WEEK. To be accepted by Mr. Sandy Sanders of the Sunset Optimist Club of Naples. 1 May 25, 1993 ' ' '" ". ':-::': -' .:::"-:' ' :": x;.i;!:i$z'.:" " ('d:.: "" :.'-J:7::'.-'::-:': ' Apr* - 'w/ . 5 / O ;.;,..-'-..-::. .' A_DprvcL or' ~d. 5/0 .~.-. ::i".,:i;?::-:::': i::'.:: 'q:!?~¢:}.?: ' " ' , : Presented '"' '-;. Adoptd. 5/0 APPROVAL OF CLERK'$ REPORT A. BUDGET AMENDMENTS f. Regarding matters not previously discussed for 1993: . Regarding matters previously discussed for 1993:2 _~ Budget Amendment Resolution No.: NONE B.-' TABULATION OF CONTRACTS AND DOCUMENTS ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES General Fund (001) for FY 92/93 Community Development Fund (113) for FY 92/93 Facilities Construction Fund (301) for FY 92/93 7~t P~BLIC PETITIONS 8~ UNTY MANAGER, S REPORT ~TEMS TO BE HEARD FROM 9:00 A.M. - 12~00 NOON. MID-MORNING BREAK AT A.M. . C. OMMUNITy DEVELOPMENT 1) Request the Board of County Commissioners to authorize staff to draft and advertise for public hearing amendments to Collier County Noise Ordinance No. 90-17. CONTINUED TO ~/ (2) Lot clearing and filling prior //~ (Continued from 5/18/93 meeting). to building permit issuance. TRANSPORTATION PUBLIC SERVICES (1) Recommendation that the Board of Collier County Commissioners review the proposed site plan for a park located adjacent to / Big Cypress Elementary School on Golden Gate Boulevard, ~/ authorize the Chairman to execute purchase agreements for ten acres of property at the same location and authorize staff to  negotiate for an adjacent additional five acre parcel. 2 May 25, 1993 BA 93-29.5 Ad ~d 5/~ BA 93-290 & 2913 Adopted 5/0 ... -:::::: Staff to re-draft .-x-:~' ::;:::,: Chairman to execute agreements; ~taff to negc otiate w/Taylor' s re Not-to-exceed~- figure of $12,0.00; Staff to neco- tiate..with Parker' s; sta~ to wo rk w/School Board tentative design of faci] ities & fun~g partnersk 5/0 -- '":i?-- - .:.;:-.!::.: . D. UTILITIES 16(~1) Approval of work directives to the North County Regional Water Treatment Plant construction contract with Great Monument Construction Company E. ADMINISTRATIVE SERVICES F. EMERGENCY S~RVICES G E IRO ENTAL SERVICES Status Report concerning drainage Yarberry Lane. problems in the vicinity of ~ (2) ~ecommendation to accept the attached temporary drainage ~ /easements and license agreement to allow for the removal of ~ / brush and other vegetative obstructions to the flow in the ~/ portion of the Gordon River extension channel immediately north /~ of Golden Gate Parkway and direct staff on implementing a (. ~leanup effort. MOVED FROM \(1) ~ecommendation to approve an increase to the purchase order \ /with Wilson, Miller, Barton & Peek, Inc. relative to \/ Supplemental Agreement No. 2 to Agreement for Professional /q Services to furnish resident project representation for the ./ ~Naples Production Park M.S.T.U. M0V .D i0W I~H) (i~) Recommendation for approval of a one year extension to Contract No. 91-1779, Beach Cleaning Operations on Marco Island. 3 May 25, 1993 .,..:~::f . ':..:: . ". :i:::i:.::i:i:!. ':':. ....:' -::~:i:~:!:.*-'-~: - .. :!.?.::, a i s.. {o p je ;{ nt g t f~-. p~' ?~~ers e~ts wilI~ a~l~le w~ aDP~- ate l~atiohs ~e i~t. ifi~ ~ no ~st to ~e ~ty. ¥~}-'5/0 ~ :::;L .;:::- · :..::.::~:[:. · .:~.~j?:;. -:(. ~ .:::::.::??:~:~ ~:.::':': :. .;::~ Staff-~-re~~tion vol_ bX-.._.. .~ ':?" ..:., .':;, .:-,: 9 ~ COUNTY ATTOP/~EY ' S REPORT rdinance for a future public hearing. .'Discussion regarding amendment of Solid Waste Ordinance. 10. BOAP/) OF COUNTY COMMIS$IO~rERS 11. OTHER CONSTITUTIONAL OFFICERS PUBLIC COMMENT ON GE~TERAL TOPICS LUNCH P~CESS 12:00 NOON - 1:00 P.M. PUBLIC HEARINGS TO BE HEAP~ AT 1:00 P.M. 12.(AD~RTISED PUBLIC HEARINGS - BCC \A./OMPREHENSIVE PLAN ~4ENDMENT$ ~/ (1) ,Review and adoption of the 1992 Growth Management Plan /~ /Amendme.nts and the Stipulated Remedial A~endments required by k~/ Adminis=ration Commission Final Order No. A0-93-036. B. ZONING AMENDMENTS Petition PUD-92-9, Mireya Louviere of Johnson Engineering, Inc., representing J. D. Nicewonder, Jr., Carolyn L. Nicewonder, Sherry J. Nicewonder, and Mark D. Nicewonder, requesting a fezone from A, A-ST, and RSF-1 to PUD to be known as Immokalee Road Center PUD for commercial uses for property located on the south side of Immokalee Road (C. R. 846) approximately 660 feet east of Airport-Pulling Road (C. R. 31) May 25, 1993 ' Ordinahce: t :'~:;~ adver- t i s~id~;ii.fj~r.;. ~/~ c hearin to be. advert!~.~d. for public heari~j~'i;:i-in 63 ",' ' "- .'-:':' ....:::::%(:.. . :.., ; Y <,f~;:.; . +.- ?' -' !'::i--!::":': - ,- .- :. :-:-::-':,:z-.-.. .' · ' ;..-.- :;:;;x::,'.{- ~i''-'::: '~ ========================= ' ' ".::-::' :': i: .-": :. "· ": ' .. --- :. " Ord;:~ 93.-24 ~ted as Ord. 93-25 '::~ted. 5/ Ord..93-26 Adopted as amence~. 5/01 in Sec. 25, T48S, R25E, consisting of (Continued from the meeting of 5/11/93). 11.05~ acres. ; ,:' :," Ord, 93-27 Kdomted as (2) Petition PUD-93-1, Alan D. Reynolds of Wilson, Miller, Barton & ar~c]ed 5/0-~'~ Peek, Inc., representing Westinghouse Communities, Inc., xx. requesting a rezone from "A" and "A-ST" to PUD to be known as Pelican Marsh PUD for a Mixed Residential Golf Course Community f~r property located immediately north of and contiguous to the ~roposed extension of Vanderbilt Beach Road (C.R. 901) for /Airport-Pulling Road (C. R. 31) to U. $. 41 North in Secs. 27, V 34 and 35, T48S, R25E, containing 1,086.5 acres. C. OTHER CONTINUED TO 6/8 MEETING (1) Petition HD-93-1, Albert Felsber, Chairman of the Collier County Historic/Archaeological Preservation Board, requesting to have the Board of County Commissioners officially designate Weaver's Station as a Historically Significant Site for property located on the south side of U. S. 41 and approximately 3 miles east of the Port of the Isles Development for property located in Sec. 13, T52S, R28E. (Continued from the meeting of 5/11/93). CONTINUED TO 6/8~~? Petition CEX-049-SN/A, William L. McDaniel of The Realty Company, representing Richard F. Zehner, etux, appealing the Long Range Planning Director's determination for denial of the Compatibility Exception for property located on the northwest corner of County Barn Road and Rattlesnake Hammock Road in Sec. 17, T50S, R26E (37.6 acres). CEX-013-MI/A, CEX-022-MI/A, CEX-032-MI/A, CEX-033-MI/A, CEX-034-MI/A, CEX-035-MI/A, CEX-036-MI/A, CEX-037-MI/A, Alan D. Reynolds of Wilson, Miller, Barton and Peek, representing various property owners, appealing the Long Range Planning Director's determination for denial of the Compatibility Exception Application for properties located along Bald Eagle Drive and Waterway Drive on Marco Island (+15 acres). (3) Petitions Staff to re~ w/rezon~ (4/Petition AV 92-024 to vacate portions of Tract A and Block B located on the plat of Wellington at Lone Oak, Unit Two as recorded in Plat Book 17, Pages 80 through 82, of the Public 5 May 25, 1993 Reso. 93-213" Adcoted 510 : Records of Collier County, Florida, to allow petitioner to replat the Companion Item plat of Quail West, Unit Two. MOVED FROM / 16 (a) (7) / ..~/ /) Recommendation to approve the final plat of "Lexington at Lone Oak, Unit One". MOVED FROM// 16~(~/ Recommendation to approve the final plat of "Lexington at Lone Oak, Unit Two". Ord~ 93-28, Recommendation that the Board of County Commissioners consider 5/0 ...: /--adoption of an Ordinance to amend Collier County Ordinance No. ,%/ . 81-42, as amended, (The Occupational License Ordinance) ~'~/~ applicable to pyrotechnics and fireworks vendors, except within ~/ the City of Naples, to establish sales inventory licensing '-' - /~ requirements. ~/ (6~Public Hearing to consider adoption of an ordinance repealing Collier County Ordinance No. 87-96 and Collier County Ordinance No. 88-29; abolishing the Wiggins Pass Area Municipal Service Taxing Unit and its Advisory Committee. (7/An Ordinance amending Collier County Ordinance 86-67, as / amended, which established the monthly rates, fees and charges for water and sewer services within the Collier County ,Water-Sewer District by confirming the meter tapping charges. / Amending late payments for monthly user fees to five percent ~(5%) BOARD OF ZONING APPEALS ~. ADVERTISED PUBLIC HEARINGS 6 May 25, 1993 Or~. 93-29 'AdC~ ted 510" ~/1 (Cc~m. ~o!pe Oppose ' ..fi:~:~?- 37:!?:.: . :.:,.:.}. !L:.-::: .::.:: ~ 6101 Shirley Street, also described as Lot 126, J and C Industrial Park in Sec. 11, T49S, R25E, consisting of 0.75 acres. (1)4etition FDPO-93-1, Joan Brown requesting a variance from the ~,R~SO. 93,2!4:~AdoDted ~/~inimum base flood elevation as required by Flood Damage ~/0' /Prevention Ordinance (FDPO) No. 87-80 on property described as /~11 East Chokoloskee Drive, Chokoloskee, Florida. "./" Petition CU-93-5, Robert P. Henderson of Simpson, Henderson, I~SO. 93-215~Adop_ted Savage and Carta, representing Earl Weber, Sr., requesting 4/~ (Cuban. Volpe abstaJ~ Conditional Use 2.2.16.3.14 of the Industrial Zoning District for refuse systems (metals recycling) for property located at /(3)~;tition V-93-9, George Dodd of Canyon Construction requesting /a 2.5 foot variance from the required side yard of 10.5 feet (10% of the lot width) to 8.0 feet for a legal non-conforming Estates zoned lot located at 101 15th St. S.W., further described as the east 105 feet of Tract 17, Golden Gate Estates, Unit 9. (4) P~tition CU-93-2, Timothy L. Hancock of Wilson,Miller, Barton & '/~eek, Inc., representing TECH Foundation, requesting / Conditional Uses 3 and 4 of the Estates Zoning District for a / ~child care center and classroom facilities for expansion of the '\~ lexisting Conditional Use for property located at 5860 Golden v\ /Gate Parkway, further described as the east 150 feet of Tract ~ / 76, Golden Gate Estates, Unit 30, Sec. 29, T49S, R26E, consisting of 2.2 acres. (Companion to Agenda Item 13A.(5) }: 'i: " '.'. ' ':' .:?.:? PeSO~ i:-':' 93~2 !.'.6..}ii!Adopted 5/0 .? Reso. 93-21.7~i~J~o~ted 5/0 :::i:i:' "5) Petition SPA-93-1, John J. Lawson representing the TECH Foundation, requesting approval of shared parking on Tracts 81 and 81.1, Golden Gate Estates, Unit 30 (Messiah Lutheran Church property) zoned "E" with Conditional Use approval, lying adjacent to the east property line of the existing Step by Step Early Development Intervention Program facility located on the east 150 feet of Tract 76, Golden Gate Estates, Unit 30, zoned E" with Conditional Use approval for the existing facility ocated at 5860 Golden Gate Parkway. (Companion to Agenda Item 3A.(4). .~eso. 93-218.;.$~p. ted 51o "i Associates, P.A., Dwight Nadeau of McAnly, Asher and representing Sterling Communications, Inc., 7 May 25, 1993 Reso.. 93-21.9:::?.:Adooted w_] :.addit~onai sti~s. 4/1 ii(O~n~. /V0tpe op.pos~ .retesting Conditional Use 2.6.35.5.1.3 in the Estates Zoning DiStrict for replacement of an existing 438 foot guyed cg~munications tower, mobile home and e~ipment shelter for p~operty located on the north side of Crews Road, approximately ~ mile east of County Barn Road in Sec. 8, T50S, R26E, /consisting of 5+ acres. B. OT~ER 14. BOARD OF COUNTY COMMISSIONERS' C0M~UNIOATIONs 15. STAFF'S COMMUNICATIONS CONSENT AGENDA All matters listed under this item are considered to be routine and 5/0: 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 ~( ~)~sep~rately. NITY DEVELOPMENT ecommendation to approve the final of ommercial". plat "Ridge 8 May 25, 1993 Reso. 93.208-w/ stip. Water and sewer facilities acceptance for San Rafael at The W/stips i~???ii' Vineyards. -i.- Recommendation to accept the security for landscaping for Site Development Plan No. 92-82 "Kemp Plaza" located in Sec. 4, T47S, R29E. Recommendation to accept the security for landscaping for Site Development Plan No. 92-49 "Palm Terrace Center Phase I", located in Sec. 11, T50S, R25E. Recommendation to accept the security for landscaping for Site Development Plan No. 92-87 "Cellular One Miles City", located in Sec. 7, T50S, R30E. // R ecommendation to approve for "Pebble Creek". ~10) Recommendation to approve for recording the final plat of "Oakmont Parkway Extension". (11) Recommendation to approve for recording the final plat of "North Bay Plaza at Pelican Bay". B. TRANSPORTATION May 25, 1993 recording the final plat of Reso. 93-2091:11~i/ stiD. Reso. 93-210 ::;~/stips. Reso..': 93-21t-w/ stiDs. heard w/ MOVED 60 12(C)~(8) Recommendation to approve the final plat of "Lexington at Lone Oak, Unit Two". (7) Recommendation to approve the final plat of "Lexington at Lone heard w/ 12C4':i!i~;:. Oak, Unit One". Awarded'to W :~'ace Inter. (~ Recommendation to approve the purchase of two (2) fifteen (15) ..~ CY replacement dump trucks in accordance with Bid #93-2031. / tition AV 93-009 to vacate a portion of a drainage easement ~ / located on a parcel of land lying in Section 9, Township 49 ~ / South, Range 25 East, as recorded in Official Record Book ~/ / 1536, Page 1912, of the Public Records of Collier County, ..- .-.- ~..:~.~:;:~- Florida. Companion Item to the Plat of Pebble Creek. (3) Recommendation to approve and accept final negotiated price for median landscaping improvements with Better Roads, Inc. for the Pine Ridge Road Six-lane Corridor between U.S. 41 and Airport-Pulling Road; CIE Project No. 014. i PUBL~SERVICES '  (1/Authorization to approve an extension of an Agreement with the / Southeastern Library Network (SOLINET) for the provision of "'?:- / on-line Library cataloging and permission for Chairman to sign Agreement. :~::~':.~:~ D. UTILITIES (1) Approval of budget amendment to provide funding for Tax I/~A'"~ 56,30 Collector fees charged for assessment collections. (2) Approval of b~dget amendment that will correct a previous budget amendment for the North County Regional Water Treatment I . ~446,0 00 Plant. Approval of Change Order No. One to the construction contract with Mitchell & Stark Construction Company, Inc. for the Hammock Oak Drive utility and transportation project improvements. Recommendation to approve and execute the satisfactions of notice of promise to pay and agreement to extend payment of sewer impact fees for Charles and Barbara Madera, Betty Mason, Charles and Cecilia Peters, and Joseph A. Picone. 10 May 25, 1993 I/T/A $19,9421~00 Approval of work directives to the North County Regional Water Treatment Plant construction contract with Great Monument Construction Company. E. ADMINISTRATIVE SERVICES (1) Re~mmendation to approve and execute a new lease agreement ! ~tween Collier County, a political subdivision of the State ~ / /of Florida, and John Paulich, Jr. and Josephine Paulich, for ~ / ~/ ~he .continued utilization of office space for the Collier County Sheriff's Office North Naples Substation. MOVED TO 8(H) (1) EMERGENCY SERVICES (1) Recommendation monitors. to match EMS grant monies for ENVIRONMENTAL SERVICES COUNTY MANAGER (1) Recommendation that the Board of County Commissioners approve a work order under the Pelican Bay Services Division's current Professional Engineering Agreement with Wilson, Miller, Barton & Peek in an amount not to exceed $2,500 to provide the necessary engineering and field services during the installation of the Unit 17 Hammock Oak Drive street lighting. (2) This item has been deleted. (3) Recommendation that the Board of County Commissioners approve an increase in the amount of $4,500 to the fiscal impact of Bid #93-2030 to Smallwood Landscaping for landscape planting materials for the annual replanting program within Pelican Bay. (4) Recommendation to approve an increase to the purchase order with Wilson, Miller, Barton & Peek, Inc. relative to Supplemental Agreement No. 2 to Agreement for Professional Services to furnish resident project representation for the Naples Production Park M.S.T.U. ::::: MOVED TO ~J~)~ (5) Recommendation for approval of a one year extension to Contract No. 91-1779, Beach Cleaning Operations on Marco Island. 11 May 25, 1993 BOARD OF COUNTY COMMISSIONERS Reso, 93-212' "~/pointing C~raldine Ka%~in & ~/(1) Appointment of members to the Alcohol, Drug Abuse and , ~ Health Planning Council. ISCELL~NEOUS CORRESPONDENCE i:: i'.:; .'i '- q (1) Extra Gain Time: NEED MOTION authorizing Extra Gain Time for ~ / Inmate No. 47577, 63713, 59214, 76134, 47886, 58363, 57738, :-:-:'::':':<x (2) Satisfaction of ~ie~.' NEED KOTION authorizing the Chairman to sign Satisfaction of Lien for Services of the Public Defender for Case Nos. 93-163-MI ($25.00) , 92-608-0FA ($50.00) , 92-608-CFA ($5O.OO), 92-1230-CFA ($100.00), 92-2029-CFA ($50.00), 93-1420-MMA ($25.00), 92-3986-MMA ($37.50), . . -u::..:?. 90-3722-TM ($12.50), 93-74-CJA ($37.50), 88-881-CFA ($Z00.00), 91-4739-TM ($$5O.00), 90-6071-TMC ($655.00). RECOMMEND APPROVAL · ,,-:::-::....,::::?:-: -..-.-..x~:<.x~:-, K. OT~ER CONSTITUTIONAL OFFICERS x+ ,::/~?,,:.r,?.,:-:-:~::-:.' ~/~.-'f;'~i~' '>:':'>-.-"~: '"'" ) Recommendation to issue an astrology permit to Judy C. Smith. ""**~'-':'"'"-":'"' '*'"";' ......"'"'" '::':-:fJ:'::::].:.i,':-::'::x,:::::::::;:;:~/::::~::- · '-:-'"' ' · - . ..-':' . .:.....-:~::::s:~:~+:,--...,..... :.:::: 17. ADJOURN : . . ' "::i?::':'::.-. .... i!:::-'.:! Hay 25, 1993 :,