Recap 09/28/1993 R COLLIER COUNTY
BOARD OF COUNTy COMMISSIONERS
AGENDA
Tuesday, September 28, 1993
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 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.
1. INVOCATION:
Church.
To be given by Father James Darcy of St. Ann's Catholic
2. PLEDGE OF ALLEGIANCE
APPROVAL OF AGENDA AND CONSENT AGENDA
· Approval of consent agenda.
4. APPROVAL QF MINUTES
5. PROCLAM3%TIONS, SERVICE AWARDS AND PRESENTATIQNS
A. Proclamations
/EProclaiming
EK. To be
irector of
egion.
the week of October 3, 1993, as PROJECT SAFE PLACE
accepted by Thomas J. Bamrick, Ed.M., Regional
the Lutheran Ministries of Florida, Southwest
ADproved w/changes 5/0
Approved and/or Adopted.
5/O
Adopted 5/0
//2. Proclaiming the week of October 3-10, 1993, as
CHAEOLOGICAL WEEK. To be accepted by Mr.
esident of the Southwest Archaeological Society.
COLLIER COUNTY
Wayne House,
D~opted. 5/0
Proclaiming Wednesday, September 29, 1993, as LAW ENFORCEMENT
RECIATION DAY. ~Suggested by State Attorney Joseph P.
11esandro and will be accepted for him by Sheriff Don
ter.
Ad.o~ted 5/0
1
cService Awards
heryl A. Wilson-Watson
5 years EMS
Presented
C. Presentations
APPROVAL OF CLERK'S REPORT
A. Budget Amendments
l. Regarding matters not previously discussed for 1993:6
Regarding matters previously discussed for 1993:5
Budget Amendment Resolution No.: 93-45
B. Tabulation of Contracts & Documents
BA"s 93-506,508,511, 51~
& 5] ~ Adopted 5/0 ~
& 516 Adopted 5/0
BAR 93-45 ~dopted 5/0'
Analysis of Changes to Reserves for Contingencies
1. General Fund (001) for FY 92/93
2. Community Development Fund (113) for FY 92/93
3. Facilities Construction Fund (301) for FY 92/93
To present to the Board of County Commissioners interim financial Presented
information on the Collier County Enterprise Funds.
'~To provide
ugust 31,
the Board with interim financial information
1993.
as of Presented
PUBLIC PETITIONS
COUNTY MANAGER'S REPORT
ITEMS TO BE HEARD FROM 9:00 A.M. - 12:00 NOON.
10:30 A.M.
MID-MORNING BREAK AT
A. COMMUNITy DEVELOPMENT
B. TRANSPORTATION
C. PUBLIC SERVICES
D. UTILITIE~
2
Consideration of a Hardship Program for qualifying residential Staff to return with
properties within the East and South Naples Sanitary Sewer DroDosals in 5weeks
Project .
E. ~D~INISTRATIVE SERVICES
Recommendation to
Classification Plan.
adopt the 1994 Fiscal Year Pay and
..~so. 93-415 Adopted 5/0
\ C~/~Recommendation to revise
Rules and Regulations.
selected sections of the Personnel
.D~.so. 93-416 _Adopted 5/0
~Drkshop_ robe held on
11/3/93 (Tentative date)
F. EMERGENCY SERVICES
G. ENVIRONMENTAL SERVICES
~ H. COUNTY MANAGER
~' ~1) That the BCC approve a contract agreement for Tourist
Development Tax funding with BVL Fund, Inc.
9. COUNTY ATTORNEY' S REPORT
A. ~esolution accepting the Clerk's report on costs associated with
\ /assessment processing and collection and establishing the policy
~ /t~at all special assessment annual bills within certain special
1~/ ~,sessment districts that are $5.00 or less will be paid by the
V~p~artment responsible for the project.
~ R~/ OF COUNTY COM/~ISSIONERS
10. OA
~. /;~ppointment of members to the Emergency Medical Services Advisory
ttee.
./~pointment of member to the Historical/Archaeological Preservation
~_~oard
~C. ~Appointment of members to the Environmental Technical
isory Committee Policy
/ _~._. proved 5/0
Res. 93-417 AdoDted 5/0
Res. 93-418 Ap. pointing
Joseph P. Young and
confirming a.~Dointments
of Marvin Cecil, Chris
Nind, Tom .%~ith and
Roger Evans AdoDted 5/(
Res. 93-419 Reappointinc
Barbara Cawley and
Arthur Lee Adopted 5/0
Res. 93-420 Reappointinc
Mike Davis and SteDhen
~ans and aDDointin~
Dorothea ZvskoAdoDted
5/O
3
ent of 1 member to the CCPC.
k /Di cus ion of implementation of the Productivity Report Presented
~ ~to the Board Last May, 1993. . (Commissioner Matthews)
AD :
roposed North Road affordable housing project - DCA submittal.
zardous waste surcharge.
ADD:
H.~ Sgtate Department
~ ~ctions.
ADD: ~-~t
docks on barrier islands.
of Agriculture, Bureau of Plant and Apiary
ADD: ~/q
J.~onsideration of Board direction re: Sand Dollar Island.
AD~"'K.~ Request from Sheriff's Office that Chairman send letter to Division
of Communications.
Res. 93-421 Reappointing
.?red Thc~as Adopted 5/0
Update to be provided
on 10/12/93
To be brought back on
10/5/93; DCA to be
advised of Countv's
desire re right to
~t and Citv to be
encouraged to participat
in discussion next w~ek.
5/0
Staff to come back
within 8 w~eks with
su.c~estions to address
concerns. (Consensus)
Manager to determine
whether lease can be
transferred to another
location.
To be discussed as Dart
of the LDC amendments
on 11/3/93 (Consensus)
C~t,~ssioner Norris to
report back on 10/5/93
outcc~e of meeting in
Tallahassee
Letter to be forwarded
on BCC stationery.
(Consensus)
11. OTHER CONSTITUTIONAL OFFICERS
PUBLIC COMMENT ON GENERAL TOPICS
LUNCH RECESS 12:00 NOON - 1:00 A.M. PUBLIC HEARINGS TO BE HEARD AT
4
1:00 P.M.
12. ADVERTISED pUBLIC HEARINGS - BCC
A. COMPREHENSIVE PLAN AMENDMENTS
B. ZONING AMENDMENTS
I (1)/Petition R-93-5, Long Range Planning Department requesting a
/ rezone from RMF-6 to RSF-3 for property located approximately
/ 450 feet north of Rattlesnake Hammock Road (C.R. 864) and
/ approximately 1.2 miles east of Polly Avenue in Sec. 16, T50S,
I/ R26E (unrecorded Parkers Hammock Subdivision), containing
V approximately .85 acres.
Ord. 93-67 AdoDted
5/0
(2) Petition PUD-89-7 Dr. Neno J. Spagna of Florida Urban
Institute, Inc., representing Garrett F. X. Beyrent and Teryl
Beyrent, requesting a rezone from "E" Estates to PUD to be
known as Tropicana Interchange Plaza PUD for commercial uses
for property located in the northwest quadrant of 1-75 and Pine
Ridge Road (C. R. 896) in Sec. 7, T49S, R26E, containing 4.16
acres, more or less.
Denied 5/0
Petition R-93-7, Robert L. Duane of Hole, Montes & Associates,
Inc., representing Port of the Islands, Inc., requesting a
rezone from RSF-3 to RSF-4 for property located within Port of
the Islands (The Cays) Phase II, consisting of Lots 4 through
92 located south of U.S. 41 bounded on the west by the Faka
Union Canal located in Sec. 9, T52S, R28E.
Ord. 93-68 Adopted
5/O
c. OTHER
Petition CCSL-93-6, Collier County Board of County
Commissioners requesting a Coastal Construction Setback Line
Variance to allow'parking lot improvements at the Tigertail
Beach County Park, Tract A, Unit 14 of Marco Beach.
rate resolution to increase the residential solid waste special
assessment and commercial waste collection fees and reduce the
tipping fee for construction/demolition waste.
Reso. 93~422 Adopted
5/0
Reso. 93,-423 Adopted
w/o Constr./Demo. Waste
tipping fee 4/1
ODnstantine opDosed)
~(3/Public Hearing for the Board of County Commissioners to adopt
an Ordinance to confirm the creation of the Parks and
Recreation Advisory Board and formalize the structure and
~ operation of this Advisory Board.
Cont"d. to 10/12/93
5
I/ Development Block Grant Economic Development Program Income
V DisPosition Ordinance.
Petition AV 92-013, Johnson Engineering, Inc., as agent for
owner, Beach Self Serve, Inc., requesting vacation of a portion
of a 7.5 foot public utility easement located on a portion of
Lot 11, Block 72 of the plat of Naples Park Unit No. 5, as
recorded in Plat Book 3, Page 14, of the Public Records of
Collier County, Florida.
(6) Recommendation that the Board consider an ordinance consenting
~ the exercise of special powers relating to Parks and
//Recreation and security for the Dove Pointe Community
/~/ ~velopment District.
inance repealing Collier County Ordinance No. 84-44, as
amended, commonly referred to as the County Manager Ordinance.
(Continued from the 9/7/93 meeting)
/(8/) Ordinance adopting the County Administration Law of 1974, Part
III of Chapter 125, Florida Statutes (1991).
Ord. 93-69 Adop_ted
5/0
~eso. 93-424 Adc~_ted
5/O
Ord. 93-70 Adopted
3/1 (Cc~m. Constantine
op~uosed, ~. VolDe
abstained)
Ord.. 93-71 AdoDted
5/O
Ord. 93-72 Adopted
w/changes 5/0
BOARD OF ZONING APPEALS
. ADVERTISED PUBLIC HEARINGS
(1) Petition V-93-19, William Vines and Shannon Howell representing
'Robert Hardy and A.M. Papineau, requesting a 6 foot reduction
from the width of the required 10 foot landscape buffer
adjacent to Tollhouse Drive and a 10 foot reduction from the
width of the required 20 foot front landscape buffer adjacent
to S. R. 84 and C. R. 951 for property located at the northeast
intersection of S.. R. 84 and C. R. 951, further described as
Tract 5, Tollgate Commercial Center Phase Two in Sec. 35, T49S,
R26E, consisting of approximately 1 acre.
Re. so. 93-425 Adopted
4/0 (Conmsr. Saunders
out)
ition V-93-20, Bob Thinnes of Q. Grady Minor and Associates
representing Alfonso Olivos, requesting a 5 foot variance from
th~ required 10 foot landscape buffer as required in the
6
o/llier County Land Development Code
Lot 13, Block 72, Naples Park, Unit 5.
\~/the north side of i01st Avenue North
for property located on
and further described as
(3/Petition V-93-17, Margaret Golian requesting a 13.4 foot
~ / j~ariance from the required west side yard of 30 feet to 16.6
\,/ /feet in order to construct a garage/pump house for property
~ / located at 3730 19th Avenue S.W. further described as the west
150 feet of Tract 176, Unit 27, Golden Gate Estates.
Petition V-93-18, Noel A. J. Silang, Comptroller, Warrenton
Enterprises Corporation, requesting a 2.5 foot variance from
the required rear yard of 15 feet to 12.5 feet for property
located at 4761 Oberan Court, further described as Lot 5, Block
A, Corinthian Gardens at World Tennis Center.
.%~.SO. 93-426 Adopted
subject to stipulation
4/0 (Cc~msr. Saunders
out)
Reso. 93-427 AdoD_ted
4/0 (Conlnsr. Saunders
out)
P~so. 93-~28 Adopted
4/0 (Cc~a~sr~ S&u~ders
(5) Petition CU-93-11, David S. Wilkison of Wilkison and
~. Associates, Inc., representing Mike Pappas requesting
~ Conditional Use 2.2.2.3.17 in the rural agricultural zoning
X district for a golf driving range for property located at the
/\ ~southeas.t intersection of S. R. 951 and Marriot Club Drive
'~/ \/(Championship Drive) approximately 2 miles south of the
· ~/ intersection of U. S. 41 and S. R. 951 in Sec. 15, T51S, R26E,
consisting of 13.4 acres.
Reso. 93-430 Adopted
subject to~reement
Sheet 4/0 (Crm~sr.
Saunders out)
Petition AW-93-2 Robert
requesting a 21% foot
separation of 500 feet
beverages and a day care
4843 Golden Gate Parkway
distance.
D. Buonpane of Nunzio's Pizzeria
waiver from the minimum required
between places serving alcoholic
center for a restaurant located at
resulting in a 285 foot separation
R~so. 93-429 Adopted
4/0 (Cc~,~sr. Saunders
out)
B. O HER
' COMMUNICATIONS
Architectural Guide line~
for activity centers
to be Dlaced on a~enda
of 10/5/Q3
15. STAFF'S COMMUNICATIONS
7
16.
CONSENT AGENDA
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.
CO~NITY DEVELOPMENT
Water facilities
April Circle.
acceptance for Windsong Apartments a/k/a
?
~ .~Recommendation to approve for recording the final plat of
"Replat of Tract 85, Golden Gate Estates Unit No. 35".
(~/Recommendation to grant preliminaryacceptance of the roadway,
/ drainage, water End sewer improvements for the final plat of
/"Madison Meadows".
_Approved and/or Adopted
5/0
w/ stiDs
Reso. 93-410 Adc~ted w/
stips 5/0
Reso. 93-411 AdoDted w/
stips 5/0
(4) water and sewer facilities acceptance for Madison Meadows.
B. TRANSPORTATION
/2)Recommendation that the Board of County Commissioners approve
and convey a Water Management Easement to the South Florida
Water Management District and approve and adopt a resolution
authorizing the Chairman of the Board of County Commissioners
'~to execute the Water Management Easement.
w/ stips
P~SO. 93~412 Ad_opted
5/O
C. PUBLIC SERVICES
(l~/Recommendation to enter into an Agreement between the Board of
/County Commissioners and Cool Concessions, Inc. for the
~/ i/operation of the Barefoot Beach County Park Concession.
(2~/Recommendation that the Board of County Commissioners
/authorize approval to apply for a Grant through the Community
;~Foundation to help defray the cost of the Latch Key Conumunity
~/Program to be held at the Golden Gate Community Center.
8
(3) Recommendation that the Board of Collier County Commissioners
review and authorize the program appropriations and the
/ /~993-94 contract with the State of Florida Department of
/~ Health and Rehabilitative Services.
/eco
(4) mmendation to approve extending and amending the training
/co~tract with Qualtec Quality Services for purposes of
~ maintaining quality improvement process.
/D. UTILITIES
~ ~(1) R~commendation to approve and execute the Notice of Promise to
~ / ~ //Pay and Agreement to Extend Payment of Sewer Impact Fees for
/ Eugeniusz and Kazimiera
~ E./ A(~?INR~ScTo~Te~tSiEo~V~ESapprove the final phase of remedial cleaning
~_.~ of HVAC systems in selected county buildings.
i~ ~.~/ EMERGENCY S. ERVIOES
~ G. E(NlVI)~NcMoEm~An~aStEi2VnICtEoSapprove and execute an amendment to Limitsd
\ / / Use License Agreement between Collier County and Waste
~/ Management, Inc. of Florida.
(2) Recommendation that the Board of County Commissioners of
~ollier County, Florida, authorize its Chairman to execute an
/Appraisal Agreement with Kent R. Devoe, MAI, for the appraisal
%// of a drainage easement required for the Lely Branch Canal
system.
(3) Recommendation to approve and execute a new Lease Agreement
/Tetween the City of Naples Airport Authority and Collier
ounty, a political subdivision of the State of Florida, for
he continued use of property needed for a Solid Waste
ransfer Station.
H. COUNTY MANAGER
~ / (l~ecommendation that the Board of County Commissioners approve
/ / and accept an easement from CSX Transportation, Inc. and
~/ I/ approve and adopt a resolution authorizing the Chairman to
execute a purchase offer/contract for the easement.
~ /(2) Recommendation to approve the renewal of Contract No. 91-1757
~ for Marco Island Median ~aintenance during Fy 93/94 and Fy
_Beso. 93-413 Adopted
5/0
94/95.
) Recommendation to approve the renewal of Contract No. 91-1756
for Golden Gate Parkway Median Maintenance during FY 93/94 and
FY 94/95.
(4) Recommendation to approve the renewal of Contract No. 91-1786
/ for Lely Golf Estates Median Maintenance during FY 93/94 and
FY 94/95.
BO~D OF COUNTY COMMISSIONERS
(~) Recommendation to the Governor for re-appointment to the Board
~ of Commissioners of the Immokalee Water and Sewer District.
MISCELLANEOUS CORRESPONDENCE
(1) Satisfaction of Lien: NEED MOTION authorizing the Chairman to
~ ~ign Satisfaction of Lien for Services of the Public Defender
/for Case Nos. 93-1093-CJA ($25.00), 93-762-CJA ($75.00),
/ 9 -5774-TM ($50.00), 93-5405-MM 92-8353-m
/ ($25.00), 93-4454-MMA ($25.00), 93-5817-MMA ($12.50),
/ 93-3810-MMA ($25.00), 92-1125-CJA ($87.50), 90-4801-TM
($25.00), 91-1098-CFA ($50.00), 90-4515-MH ($90.00),
90-254 - ($972.50). RECOMMEND APPROVAL.
Reso. 9 3-4X~ Adopted
5/0
OTHER CONSTITUTIONAL OFFICERS
(1) Recommendation that the Board,of County Commissioners sign the
certification of acceptance of the subgrant award for the
Career Criminal Apprehension and Prosecution Project Grant
#94-CJ-12-09-21-01-056 in the amount of $170,522 and approve
the related budget amendment.
~i~i. COU____NT__YATTORNE___~Y
'~e~io~r~?%~%%t~h~Q~~ D~d~eaB~i%r~a~
interest the County may have obtained through the acceptance
~nv~ya~O~o ~ie~h~nt~?cluded lands not intended for
/ ~ Recommendation that the Board waive certain interest on two
~ ~ accounts within the'Riggs Road Paving Assessment District.
ADJOURN
10