Recap 11/09/1993 RCOLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
Tuesday, November 9, 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.
.INVOCATION /%ND PLEDGE OF ALLEGIANCE
APPROVAL OF AGENDA AND CONSENT AGENDA
Approval of consent agenda.
~PPROVAL OF MINUTES .
~/October 26, 1993 - regular meeting.
>October 27, 1993 - Marco Island Town Meeting.
A.~ Proclamations
1. Proclamation designating November 9, 1993, Bombay, India,
Rotary Group Study Exchange Team Day. To be accepted by Indian
Rotary Group Study Exchange Team and Team Leader Mike Davis.
2~ Proclamation designating Indian Festival Days.
3. Proclamation celebrating the anniversary of the David Lawrence
Mental Health Center. To be accepted by Executive Director
David Schimmel.
Approved w/chan~es. 5/C
_Approve~ and/or Adopte~
5/0
Approved. 5/0
Adopted. 5/0
Adop_ted. 5/0
Adopted. 5/0
1
NOVEMBER 9, 1993
Proclamation
terans' Day.
/ ·
designating
Thursday,
November 11, 1993
as Adopted. 5/0
/Benny R. Brown
illiam R. Durning
5 years
5 years
Parks and Recreation
Utilities/Wastewater
Not presented
Presented-
C. Presentations
APPROVAL OF BUDGET AMENDMENTS
Approval of Budget Amendment Report
Budget Amendment Resolutions
APPROVAL OF CLERK'S REPORT
A. Budget Amendments
1. Regarding matters not previously discussed for 1993: None
2. Regarding matters previously discussed for 1993: None
3. Budget Amendment Resolution No.: None
BA's 94-32~ 94-40 and
94-46 Adopted. 5/0
B. Tabulation of Contracts & Documents
C. Analysis of Changes to Reserves for Contingencies
1. General Fund (001) For FY 92/93
2. General Fund (001) For FY 93/94
3. Community Development Fund (113) For FY 92/93
4. Community Development Fund (113) For FY 93/94
5. Facilities Construction Fund (301) For FY 92/93
6. Facilities Construction Fund (301) For FY 93/94
2
NOVEMBER 9, 1993
D. TO present to the Board of County Commissioners the status of
pecial districts' compliance with Florida Statutes, Chapter 189
quirements.
Report accepted.
510
7. PUBLIC PETITIONS
COUNTY MANAGER'S REPORT
ITEMS TO BE HEARD FROM 9=00 A.M. - 12=00 NOON. MID-MORNING BREAK AT
10~30 A.M.
"IA. COMMUNITY DEVELOPMENT
\/(1) Report to the Board of County Commissioners
regarding the
and need for
Approval of a Budget Amendment using (111) reserves to pay
impact fees that were previously exempted, deferred or
authorized for reimbursement. (Continued from the meeting of
11/2/93)
/Reimbursement of two items re Habitat for Humanity
~o be reconsidered on 11/16. 4/1 ¢Ccmm~r. Vo~pe -0ppsd. )
.~.'3). C~ty/County Cooperative Affordable Housing Agreement.
(4) Recommendation that the Board of County Commissioners consider
deferring 100% of the impact fees for 35 dwelling units and
) deferring 50% of the impact fees for 141 dwelling units of the
/176 unit Ospreys Landing affordable hosing project to be built
/by Ospreys Landing, Ltd., a Florida Limited Partnership, from
/ .~library systems impact fees, parks and recreational impact
~f~es, road impact fees, emergency medical services impact fees,
~.water impact fees, sewer impact fees and educational facilities
impact fees for Ospreys Land, a 176 unit affordable housing
rental project.
Re_~rt accepted. 5/0
Count.; Attorne_v to dra~
a_Dpropriate language t¢
amend_ all impact fee
ordinances to keep the
spending caps in place;
and. prepare a resoluti¢
recuesting Att' y C~n.~ ' s
opinion re utilization
interest earnings on
in~_act fees for Afford.
FDusing. 3/2 (Ccnm~rs.
Norris and Constantine
qDDosed~. )
Tabled 4/1
(Com~sr. Saunders ~oppo_ s
Res. 93-508 w/modificat
of deferral from a
minimum of vrs. to a
· maximum of 7 yrs.
pending advice back
frc~ County Attorney.
Adopted 3/2 (Oom~srs.
Norris & Volpe opposed)
(5) Report to the Board of County Commissioners providing
alternatives to lessen the burden imposed upon the renter of
property relative to the issuance of a zoning certificate.
(This item relates to Agenda Item 10E on the Board of County
Commissioners' Agenda of 10/12/93). (Continued from the
meeting of 11/2/93).
Approved 5/0
3
NOVEMBER 9, 1993
B. TRANSPORTATION
(1) Petition AV 93-013 to vacate a 30 foot drainage easement Approved 5/0
'~ located on a parcel of land lying in Section 1, Township 49
South, Range 25 East and Section 6, Township 49 South, Range 26
East as recorded in Official Record Book 1193, Page 1126 of the
Public Records of Collier County, Florida.
· pUBLIC SERVICES
~) Recommendation that the Board of County Commissioners approve
~ / funding for a series of proposed improvements at Barefoot Beach
County Park.
Approved 4/0 (C~.
Norris out)
D. UTILITIES
CONTINUED TO
!1/23 MEETING
Consideration of hardship program for qualifying residential
properties within East and South Naples Sewer Project.
',, E. ADMINISTRATIVE SERVICES
1) Recommendation that the Board affirm the Group Health Insurance
rates which were adopted in the FY 94 budget. (As discussed in
the meeting of 11/2/93).
C~ntinued to 11/23/93
~App..roved 5/0
F. EMERGENCY SERVICES
~ (~ Request the Board of County Commissioners review the attached
~/ consolidated Emergency Services District. (Continued from
~Septe~ber 7, 1993)~
C~nsolidation denied 5/C
ENVIRONMENTAL SERVICES ~
/(1)/~tablishing a reimbursement policy for eligible annual ~S. 93-509 Adopted 5/0
/ surcharges on occupational licenses for potential hazardous
waste generators.
4
NOVEMBER 9, 1993
H. COUNTY MANAGER
A. /esolutions approving bills to be presented to the Legislative MS. 93-510 through
/Delegation that would repeal certain Collier County Special Acts:
/ Chapters 61-2036 and 67-892, Laws of Florida, relating to .ges. 93-522 Adopted
/ discharging firearms in certain areas of Collier County; Chapter w/ stip 5/0
\ / 71-409, Laws of Florida, relating to the designation of Frank Road
V In~ Goodlette Road; Chapter 69-616, Laws of Florida, relating to a
quota for issuing alcoholic beverage licenses to social clubs;
~Chapter 65-677, Laws of Florida, relating to minimum and maximum compensation of employees and officers of the Sheriff's Office;
Chapter 79-442, Laws of Florida, relating to designating agents of
the Animal Control Department as Animal Control Enforcement
officers; Chapter 61-2022, Laws of Florida, relating to auxiliary
county offices; Chapter 25734 (1949), Laws of Florida, relating to
a fire control unit; Chapter 9412 (1923), Laws of Florida, relating
to the Board of County Commissioners purchasing and receiving lands
for park and parkway purposes; Chapter 70-641, Laws of Florida,
relating to the appointment and compensation of the County Medical
Examiner; Chapter 59-1189, Laws of Florida, relating to the
transfer of property between the Board of County Commissioners and
the Board of Public Instruction; Chapter 63-1238, Laws of Florida,
relating to fixing, collecting and accounting for fees to be
charged by the County Health Unit; Chapter 67-1238, Laws of
Florida, relating to child care facilities; Chapter 61-2037, Laws
of Florida, relating to the creation and establishment of water
conservation districts.
~./ecommendation that the Board consider approval of pro rata share
/of funding of multi-county litigation against the State Appellate
~/ Public Defender in regard to motion filed by the Appellate Public
Defender to withdraw from cases.
Approved 5/0
Consideration of amendatory language for Collier County Ordinance
_~No. 80-24, pertaining to use of firearms in platted subdivisions.
AD ·
AD~Point Marco eminent domain discussion.
DBOARp., OF COUNTY COMMISSIONERS
iscussion regarding the terms of the "Daily Cover" contract
5
NOVEMBER 9, 1993
//
No Action
To be discussed on
11/23/93
To be brought back on
11/16/93
awarded to Naples Recycling Resources, Inc., pursuant to bid number
~ J074. (commissioner Saunders)
~.A/~pointment of member to the Emergency Medical Services Advisory
.. ~iiiiilt of member to the Public Vehicle Advisory Committee.
~ D.f Ken Hunt regarding waiver of exotic vegetation before a certificate
f occupancy is granted. (Commissioner Norris).
~_~~' Discussion
F. Resolut±on endorsing Franklin G. Baker.
~D~ADD~~ iscussion of fresh water boat ramps.
~AD~ D:H. /Discussicn regarding
December 9th.
concerning workshop with Constitutional Officers.
scheduling of December 8th LDC meeting to
11. OTHER CONSTITUTION~L OFFIQERS
PUBLIC COMMENT ON GENERAL TOPICS
~s. ~3-523 appointing
Robert H. Mar0Taf
Adopted. 5/0
.~es. 93-524 a_,DDointinc
Randy_ Smith Adopted.
5/0
No action
Workshop robeheld
on 12/13 at ~:00 A.~.
for approx. 1 hour
Res. 93-530 AdoDted.
5/0
~r. Ol!iff to ret~rn
w/_update on Dossible
ne~boat ramp sites on
11/30/93
Second public hearing
to consider LDCamend-
ments'tobe-advertised
for 12/1 and continued
to 12/9
6
NOVEMBER 9, 1993
L~NCH RECESS 12:00 NOON - 1:00 P.M. PUBLIC HEARINGS TO BE HEARD AT
1~00 P.M.
lZ. ADVErTiSED PUBLIC HEARINGS - BCC
A. COMPREHENSIVE PLAN AMENDMENTS
B. ZONING AMENDMENTS
(1) Petition PUD-88-14(1), Robert Duane of Hole, Montes -and Ord. 93~83 A~.opted
mASSociates, representing McAlpine (Briarwood) Inc.,/Republic w/chan~c~s,. 5/0
Development Corporation of Ohio, Inc., requesting a fezone from
"PUD" to "PUD" (Briarwood PUD) for purposes of deleting a
parcel of land intended as a road and to make other
odifications to the previous PUD document for property located
on the north side of Radio Road in Sec. 31, T49S, R26E.
}2) Petition PUD-93-6, Ronald L. Hurt of American Engineering Ord. 93v84 Adopted
Consultants, Inc., representing the Michael Crane Trust, · ~ -
/requesting a fezone from "A" and "PUD" to "PUD" for a project w/changes. 5/0
x~ / to be known as "Maplewood" consisting of not more than 258
dwelling units located on the north side of Radio Road, Sec.
~ 31, T49S, R26E, containing approximately 64.48 acres of land.
~(3~lPetition R-93-6, William J. Edixon of Edixon Engineering, Inc.,
//representing Salvador Ayala requesting a fezone from "VR"
f Village Residential District to "P" Public Use District for
property located at 401 Colorado Avenue, Immokalee, Florida.
Ord. 93,-85 Adopted
4/1 (Crm~sr. VolDe
Opposed. )
OTHER
(1) An Ordinance amending Collier County Ordinance No. 88-71 and
~hereby providing for appointment and composition; terms of
/office; removal from office and failure to attend meetings;
/ providing for officers, quorum, and rules and procedures;
// ~eimbursement of expenses; setting forth the functions, powers
/ and duties of the Library Advisory Board; duties of the Library
/ Director or designee; review process; indemnification of board
/ members; providing for conflict and severability; providing an
V effective date.
Ord. 93v86 A~ted
w/changes. 4/0
(Cc~nsr. Constantine ou'
7
NOVEMBER 9, 1993
NTINUED TO
~£/23 MEETING
Petition AV 93-007 to vacate a 30 foot road right-of-way and Continued to 11/23/93
drainage easement located on a parcel of land lying in Section
24, Township 48 South, Range 25 East, as recorded in Official
Record Book 350, Page 352 (Companion Item to the acceptance of
the final plat of Carlton Yard).
(3~/~tition AV 93-020 to vacate two feet of a twenty foot drainage l~s. 93-525 Adopted
easement located on a portion of Lot 26, Block 3, of the plat 4/0 (C~sr. Constant/~
of Wilshire Lakes Phase One, as recorded in Plat Book 19, Pages
Out)
1-3, of the Public Records of Collier County, Florida.
Public Hearing to consider adoption of an ordinance repealing
Collier County Ordinance No. 86-30, as amended by Ordinance
88-22, abolishing the Immokalee Airport Advisory Board.
Ord. 93-87 Adopted.
4/0 (~r. ODnstantir
out)
BOARD OF ZONING APPEALS
~ ~DVERTISED PUBLIC HEARINGS
~/~) Petition CU-93-9, Niki Graham representing Goodland Civic
/~/ Association, requesting Conditional Use "9" (Common
I // \ Recreational Facilities) of the RSF-4 zoning district located
t at 417 Mango Avenue further described as Lot 26, Block 4,
Goodland Heights First Addition in Sec. 18, T52S, R27E.
Res. 93-526 Adopted
4/0 (Comber. Constantiu
(2~Petition V-93-21, Niki Graham representing Goodland Civic
/Association requesting a variance from the required nineteen
/ ~ (1~9) parking spaces to three (3) parking spaces for the
//~.~operty located at 417 Mango Avenue, further described as Lot
//26, Block 4, Goodland Heights Amended, in Sec. 18, T52S, R27E,
<~ ~consisting of 0.17 acres.
.~.~s. 93,527 Adopted.
4/0 ('Co~sr. Constantin
out)
(3~ Petition V-93-28, Carlos Bermudez requesting a variance to the
/~/ r~q~/ired front and rear yard of seventeen (17) feet and ten
~ / ~10) feet respectively for Lot 1 in the Carlos One Subdivision
1ocated in Immokalee.
Res.. 93-528 Adopted.
4/0 (C~m~sr. Constantin,
out)
8
NOVEMBER 9, 1993
B. OTHER
(1)~elating to Petition No. CU-91-16 for a second extension of a
.~ Conditional Use of property described as Conklin Point for the
purposes of a yacht and/or private club and marina for property
located in Sec. 17, T48S, R26E.
OF COUNTY COMMISSIONERS' cOMMUNICATIONS
Item to be placed on 11/16 agenda to declare seat vacant
· on C~Dlden Cate C~ty Center Advisory_ Con. tree
_.Res. 93-529 Adopted.
4/0 (CYmm~r. Constant
out)
lS. STAFF'8 COMMUNICATIONS
A.~Disc/,ion to schedule the insurance plan design changes.
~ ~resentation to be scheduled for 12/7/93
A. WORKSHOP - Beach Renourishment/MainSenance Committee
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.
Approved and/or Adopted
5/0:
NOVEMBER 9, 1993
A. COMMU~TY DEVELOPMENT
(1)/Recommendation to approve for
/ "Southpointe Yacht Club, Phase
acceptance of the roadway,
improvements.
recording the final plat of Res. 93-503
Two" and grant preliminary w/stiDulations
drainage, water and sewer
(2) Sewer facilities acceptance for Southpointe Yacht Club,
II.
Phase w/stipulation
(3) Sewer facilities acceptance for Grey Oaks, Unit Four.
4) Water facilities acceptance for The Classics Country
Club/Grill, Phase I.
mmendation to grant preliminary acceptance of the roadway,
~X~/ drainage, water and sewer improvements for the final plat of
~ ~ "Grey Oaks Unit Four".
w/stipulation
w/stiDulations
Res. 93-504
w/stiDulations
B. TRANSPORTATION
C. PUBLIC SERVICES
.~.1) Award of Bid
Utility Body"
Florida.
#93-2115. for "3/4 Ton Cab and Chassis with In the amount of
to Bill Branch Chevrolet, Inc., of Ft. Myers, $18,735.16
roval of extension of agreement with Pistorino & Alam, Inc.
for South County Regional Wastewater Treatment Plant
Engineering Review.
(3)~ommendation to approve and execute the Satisfactions of
Notice of Promise to Pay and Agreement to Extend Payment of
Sewer Impact Fees for Stone Building Corporation, a Florida
Corporation and Gudelia Betancourt and Edward P. Delaney and
Jeremiah J. Dacey.
~/' (4) ~commendation t~ approve and execute the Notice of Promise to
~/ //PgY and Agreement to Extend Payment of Sewer Impact Fees for
,_.~/ William E. Forsyth and Audrey Forsyth.
10
NOVEMBER 9, 1993
(5) ~pproval of an agreement between Village Productions of
/Ge~v°~lroa~md~ntaanld m%hrealB%anrdth°ef wCa%%~;YstCo~a~ieS~ia~?ra%' t~°e PGaoio~aan~
Water Station. .i
ADMINISTRATIVE SERVICES
(1) Recommendation to award bid #93-2107 for painting services for
Government facilities county-wide.
To Service Painting
of Florida, Inc.
F. EMERGENCY SERVICES
G. ENVIRONMENTAL SERVICES
i(1) Recommendation that Board of County Commissioners adopt a
solution approving and certifying the Special Assessment
11 for Mandatory Solid Waste Collection and Disposal Fees
r the 1994 service year.
H. COUNTY~AG~R
~ / (1)/~ecommendation that the Board of County Commissioners approve
~/ / and adopt a resolution accepting an easement from CSX
._ ~ Transportation, Inc.
Res. %93-505
Res. ~93-506
(2) Recommendation that the Board of County Commissioners approve
the compensation amount for FY 94 as contained in the
agreement with Gary L. Moyer to provide for current contract
manager services for the Pelican Bay Services Division.
In the amount of
$53,000
BO~RD QF COUNTY COMMISSIONERS
Appointment of member to the Alcohol, Drug Abuse and Mental
Health Planning Council.
M~SCELLANEOUS CORRESPONDENCE
Satisfaction of Lie~: NEED MOTION authorizing the Chairman to
sign Satisfaction of Lien for Services of the Public Defender
for Case Nos. 93-979-CFA ($50.00), 93-282-M/4A ($100.00),
92-9796-Ml~A ($37.50), 92-880-MI ($12.50), 92-482-CFA ($37.50),
($?5.00). APPROVAL.
K. OTHER CONSTITUTIONAL OFFICERS
--~ L. COUNTy ATTORNEY
Re.s. 93-507 recc~mendin~
anDointm ent of
Dorothy . .ne~ichele
11
NOVEMBER 9, 1993